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Full-Text Articles in Law
A New Environmental Order: Laying The Legal And Administrative Foundation For Global Environmental Governance, Deepa Badrinarayana
A New Environmental Order: Laying The Legal And Administrative Foundation For Global Environmental Governance, Deepa Badrinarayana
Dissertations & Theses
This dissertation argues that global environmental governance can be strengthened by structuring legal and administrative mechanisms to meet the demands of the current world order. In particular, this dissertation provides a theoretical analysis of those legal and administrative mechanisms that can improve environmental governance in a globalizing world. However, since it is a theoretical analysis, this dissertation does not assert that the analysis in itself will simplify the process of strengthening the rule of law, resolve all environmental issues, or require every single environmental problem to be addressed through an international process. Rather, the objective of the analysis is to …
Climate Change As A Global Challenge, Nicholas A. Robinson
Climate Change As A Global Challenge, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
The International Human Rights Committee: The Global Influence Of The City Bar, Mark R. Shulman
The International Human Rights Committee: The Global Influence Of The City Bar, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Pangaea: Converging Global Approaches To Bundled Brokerage And Soft Dollar Practices, Andrew R. Mannarino
Pangaea: Converging Global Approaches To Bundled Brokerage And Soft Dollar Practices, Andrew R. Mannarino
Pace Law Review
No abstract provided.
Introduction To The Imperial Presidency And The Consequences Of 9/11, Mark R. Shulman
Introduction To The Imperial Presidency And The Consequences Of 9/11, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Justice Without Politics: Prosecutorial Discretion And The International Criminal Court, Alexander K.A. Greenawalt
Justice Without Politics: Prosecutorial Discretion And The International Criminal Court, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
The ICC Prosecutor's own charging policies should be prepared to give way to the judgments of legitimate political actors in times of political transition when actual arrests are more likely and competing justice proposals pose a more troubling challenge to the ICC's authority. In that scenario, I argue that the Prosecutor should encourage legitimate political actors to reach policy decisions that will command deference by the ICC. Such deference could take one or both of the following forms: (1) explicit deference to political actors, principally the U.N. Security Council acting under Chapter VII of the U.N. Charter, and (2) implied …
Does International Arbitration Need A Mandatory Rules Method?, Alexander K.A. Greenawalt
Does International Arbitration Need A Mandatory Rules Method?, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
The role of mandatory rules in international arbitration remains a persistent source of debate. The basic problem is a straightforward one: contractual arbitration arises as a matter of the parties’ consent, but the resolution of contractual disputes can implicate mandatory rules of law that are not waivable and are typically designed to protect broader public rights. The literature has often presented the issue in terms of conflict between the authority of the state and the party-derived authority of the arbitrator. Asserting an independent public duty to protect national mandatory laws as well as the enforceability of arbitral awards, some writers …