Law Commons^™

Bridging The Gap Between International Investment Law And Human Rights, Amin R. Yacoub

Hofstra Law Review

The misapplication of vague international investment standards such as the Full Protection and Security has worsened the legitimacy crisis facing the Investor-State-Dispute-Settlement field. Such misapplication emanates from the fragmentation of international law in the investment arbitration field, the absence of stare decisis, and the lack of a unified interpretive methodology connecting relevant subfields of international law in investment arbitration.

Foreign Law In Federal Courts: Challenges For The Twenty-First Century, William J. Nardini

Howard and Iris Kaplan Memorial Lecture

No abstract provided.

The Prospects For The Peaceful Co-Existence Of Constitutional And International Law, Julian G. Ku

Hofstra Law Faculty Scholarship

In this Response, Professor Ku explains “how one can accept Paulsen’s constitutional arguments while continuing to believe that international law is more than an illusion for the United States. I will begin by situating Paulsen’s argument within the broader intellectual debate over the relationship between international law and the U.S. Constitution. I will then argue that although his constitutional arguments are sound, they do not necessarily lead to the conclusion that international law has no legal force. To the contrary, I will argue that where the political branches clearly (and pursuant to their constitutional powers and following the proper constitutional …

Reviving The Nuclear Power Option In The United States: Using Domestic Energy Law To Cure Two Perceptions Of International Law Illegality, James E. Hickey Jr.

Hofstra Law Review

Two perceptions, right or wrong, of international law illegality on the part of the United States have arisen in the last few years with regard to both the use of military force in Iraq and to global warming. The first perception is that the United States invaded Iraq illegally to secure a significant source of foreign oil. The second perception is that the United States ignores the letter and spirit of the evolving international climate change regime to reduce greenhouse gas ("GHG") emissions.

Both perceptions of international law illegality directly reflect the domestic growth energy policy of the United States …

The Torture Memos: The Conflict Between A Shift In U.S. Policy Towards A Condemnation Of Human Rights And International Prohibitions Against The Use Of Torture, Jonathan Canfield

Hofstra Law Review

No abstract provided.

Re-Membering Law In The Internationalizing World, Vivian Grosswald Curran

Hofstra Law Review

This article examines some of the challenges to understanding new, non-national legal configurations as contexts of origin color understandings and evaluations of legal standards allegedly shared across legal communities. It examines a case on assisted suicide, Pretty v. U.K., decided by the European Court of Human Rights. The case illustrates mechanisms of legal integration in the European court, followed by a process of dis-integration that occurred when the decision was reported to the French legal community. The French rendition reflected a legal community's inability to process common law information through civil law cognitive grids. The article addresses both the capacity …

Who May Leave: A Review Of Soviet Practice Restricting Emigration On Grounds Of Knowledge Of "State Secrets" In Comparison With Standards Of International Law And The Policies Of Other States, Jeffrey Barist, Owen C. Pell, Eugenia Oshman, Matthew E. Hamel

Hofstra Law Review

No abstract provided.

The Future Of Human Rights In International Jurisprudence: An Optimistic Appraisal, Benjamin B. Ferencz

Hofstra Law Review

No abstract provided.

Final Report On The Establishment Of An International Criminal Court For The Implementation Of The Apartheid Convention And Other Relevant International Instruments, M. Cherif Bassiouni, Daniel H. Derby

Hofstra Law Review

No abstract provided.

Reality And Hope In International Human Rights: A Critique, Rosalyn Higgins

Hofstra Law Review

No abstract provided.