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Articles 1 - 23 of 23
Full-Text Articles in Law
Transforming Into An International Lawyer, Susan Franck
Transforming Into An International Lawyer, Susan Franck
Susan D. Franck
No abstract provided.
Flattening The World Of Legal Services? The Ethical And Liability Minefields Of Offshoring Legal And Law-Related Services, Carole Silver, Mary Daly
Flattening The World Of Legal Services? The Ethical And Liability Minefields Of Offshoring Legal And Law-Related Services, Carole Silver, Mary Daly
Carole Silver
This article examines offshore outsourcing of legal and law-related services as the newest twist in the international market for legal services. We consider the impact of offshore outsourcing on the profession generally and analyze the ethical issues raised by offshore outsourcing, both as it exists today and as the practice may develop in the future. The article begins by situating offshore outsourcing in the framework of relationships created in the context of delivery of legal services. This framework is used, in turn, to construct a structure of analysis for the ethical implications of offshore outsourcing. Lawyers who outsource to offshore …
The New U.S. Approach To The Fissile Material Cutoff Treaty: Will Deletion Of A Verification Regime Provide The Way Out Of The Wilderness?, David S. Jonas
The New U.S. Approach To The Fissile Material Cutoff Treaty: Will Deletion Of A Verification Regime Provide The Way Out Of The Wilderness?, David S. Jonas
David S. Jonas
No abstract provided.
How Biometrics Helps The Seafarer And World Trade, Cleopatra Doumbia-Henry
How Biometrics Helps The Seafarer And World Trade, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
Rules Are Made To Be Broken: How The Process Of Expedited Removal Fails Asylum Seekers, Michele Pistone, John Hoeffner
Rules Are Made To Be Broken: How The Process Of Expedited Removal Fails Asylum Seekers, Michele Pistone, John Hoeffner
Michele R. Pistone
Immigration inspectors are authorized to deport persons who arrive at U.S. ports without valid travel documents. This process, which usually occurs within 48 hours and does not allow for judicial review, is called expedited removal. This article begins by summarizing the findings of the few studies allowed access to the process. The authors extrapolate from the studies to demonstrate that thousands of genuine asylum seekers have erroneously been deported via expedited removal. The greatest cause of erroneous deportation is a failure by the agency responsible for the process, Customs and Border Protection (CBP), to follow its own rules. The heart …
Prescriptive Standards Give Way To Principles, Cleopatra Doumbia-Henry
Prescriptive Standards Give Way To Principles, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
Trips And Traditional Knowledge: Local Communities, Local Knowledge, And Global Intellectual Property Frameworks (Trips Symposium), Olufunmilayo B. Arewa
Trips And Traditional Knowledge: Local Communities, Local Knowledge, And Global Intellectual Property Frameworks (Trips Symposium), Olufunmilayo B. Arewa
Olufunmilayo B. Arewa
Intellectual property treatment of traditional or local knowledge is a major issue of contention today, particularly since the implementation of the TRIPs Agreement, which establishes minimum levels of intellectual property protection for members of the World Trade Organization. Discourse surrounding local knowledge is highly charged with accusations of "piracy" from Western countries countered with allegations of "biopiracy" from Third World countries. Flowing beneath the surface of this dialogue are multiple levels of historical experience. Intellectual property frameworks were formed in the nineteenth century during a period when evolutionary views of the development of human societies were paramount. Local knowledge was …
Sharing Potential And The Potential For Sharing: Open Source Licensing As A Legal And Economic Modality For The Dissemination Of Renewable Energy Technology, Jason Wiener
Jason Wiener
No abstract provided.
The Trial Smelter Case, International Environmental Harms, And The Draft Articles On State Responsibility, Mark Drumbl
The Trial Smelter Case, International Environmental Harms, And The Draft Articles On State Responsibility, Mark Drumbl
Mark A. Drumbl
No abstract provided.
The Maritime Labour Convention, 2006 Consolidates Seafarers’ Labour Instruments, Cleopatra Doumbia-Henry, D. Devlin, Moira Mcconnell
The Maritime Labour Convention, 2006 Consolidates Seafarers’ Labour Instruments, Cleopatra Doumbia-Henry, D. Devlin, Moira Mcconnell
Cleopatra Doumbia-Henry
No abstract provided.
The Role Of The Soviet Union At The International Military Tribunal At Nuremberg, Michael Bazyler
The Role Of The Soviet Union At The International Military Tribunal At Nuremberg, Michael Bazyler
Michael Bazyler
No abstract provided.
Free Trade Agreements And Labour Rights: Recent Developments, Cleopatra Doumbia-Henry, Eric Gravel
Free Trade Agreements And Labour Rights: Recent Developments, Cleopatra Doumbia-Henry, Eric Gravel
Cleopatra Doumbia-Henry
No abstract provided.
Supplement Of Basic Documents To International Law And World Order, Andrew Strauss, Burns Weston, Richard Falk, Hilary Charlesworth
Supplement Of Basic Documents To International Law And World Order, Andrew Strauss, Burns Weston, Richard Falk, Hilary Charlesworth
Andrew L. Strauss
No abstract provided.
Why Trade Law Needs A Theory Of Justice, Frank J. Garcia
Why Trade Law Needs A Theory Of Justice, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Is International Law A Threat To Democracy: Framing The Question, Andrew L. Strauss
Is International Law A Threat To Democracy: Framing The Question, Andrew L. Strauss
Andrew L. Strauss
No abstract provided.
In The Shadow Of The Khmer Rouge Tribunal: The Domestic Trials Of Nuon Paet, Chhouk Rin And Sam Bith, And The Search For Judicial Legitimacy In Cambodia, John A. Hall
John A. Hall
This paper examines the Cambodian trials of three former Khmer Rouge commanders, Nuon Paet, Sam Bith and Chhouk Rin. Between 1999 and 2006, all three were prosecuted, convicted and sentenced to life imprisonment by Cambodian civilian courts for their role in a 1994 train ambush and the subsequent kidnapping and murder of three Western backpackers. The trials are unique in the history of Cambodia, and were the first time that any commanders of the Khmer Rouge had been brought into civilian court to answer for their crimes. At a time when the Cambodian government was negotiating with the international community …
Framing Political Theory Of International Courts And Tribunals: Reflections At The Centennial, David D. Caron
Framing Political Theory Of International Courts And Tribunals: Reflections At The Centennial, David D. Caron
David D. Caron
This lecture given at the 100th Annual Meeting of the American Society of International Law explores the lack of agreement on political theory informing scholarship regarding international courts and tribunals. The lecture provides a sketch of such a frame in which the primary object is to identify different generating impulses for courts and tribunals in the international arena. It is not an effort to theorize about which of several forms of institution is chosen ultimately, but instead to understand the impulse to create a court or tribunal at all and therefore the contours of the phenomena that scholars studies.
International Law And The Rise Of China, John C. Yoo, Eric Posner
International Law And The Rise Of China, John C. Yoo, Eric Posner
John C Yoo
The rise of China raises questions about the future of international law. The current system of international law depends largely on American hegemony, along with the dominance of western European states that share America's general goals and values. It is possible that China in the future will not threaten this system, either because China comes to share these goals and values or because China breaks apart. But the more likely scenario is that China will compete with the U.S. for regional and then global influence. We argue that in such a world the current system of international law will not …
Force Rules, John C. Yoo
Force Rules, John C. Yoo
John C Yoo
This piece criticizes U.N. proposals to reform the international legal rules on the use of force. While they properly identify threats to international peace and security as arising outside the context of great power warfare, they make it even more difficult for nations to address these new challenges. They codify a rule that gives the Security Council complete authority over all uses of force short of national self-defense, rather than providing nations with flexibility. They expand the size of the Security Council, which will only aggravate the body's collective action troubles in authorizing force. Reform should begin by modifying the …
The Role Of International Treaties In The Interpretation Of Canadian Intellectual Property Statutes, Daniel J. Gervais
The Role Of International Treaties In The Interpretation Of Canadian Intellectual Property Statutes, Daniel J. Gervais
Daniel J Gervais
The relationship between domestic intellectual property statutes and international law in growing in scope and depth. This paper is a chapter in a book that emphasizes that international law is not only used to interpret domestic law but in fact may itself become a guide for international tribunals, such as the World Trade Organization Dispute-Settlement Body. The Paper considers mostly the role that international norms have played in recent decisions of the Supreme Court of Canada and the Federal Court.
Contemporary Private Military Firms Under International Law: An Unregulated “Gold Rush”, Jackson N. Maogoto, Benedict Sheehy
Contemporary Private Military Firms Under International Law: An Unregulated “Gold Rush”, Jackson N. Maogoto, Benedict Sheehy
Jackson Nyamuya Maogoto
Clearly, the issues raised by the ascendance of contemporary PMFs would be suitable for a book length treatment; however, in light of the pressing nature of the present situation expediency dictates a shorter but timelier piece. This article has as its modest aim an exploration of the thorny legal issues raised by the commodification of force. It discusses the nature of the contemporary PMF noting that it bears vestiges of yester year mercenaries. It then grapples with their uncertain status under international law despite the fact that they potentially pose problems for state authority and the direct control of states …
Rational War And Constitutional Design, John C. Yoo, Jide Nzelibe
Rational War And Constitutional Design, John C. Yoo, Jide Nzelibe
John C Yoo
Contemporary accounts of the allocation of war powers authority often focus on textual or historical debates as to whether the President or Congress holds the power to initiate military hostilities. In this Essay, we move beyond such debates and instead pursue a purely functional or comparative institutional analysis of the relationship between Congress and the President on war powers. More specifically, we focus on the following question: Which war powers system would best enhance the effectiveness of the United States in making decisions on war and peace? Our answer draws on one of the few facts considered to be close …
Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan
Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan
Donald J. Kochan