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Articles 1 - 19 of 19

Full-Text Articles in Law

Modernization Of The Columbia River Treaty: An Opportunity For Idaho, Barbara Cosens Aug 2017

Modernization Of The Columbia River Treaty: An Opportunity For Idaho, Barbara Cosens

Articles

No abstract provided.


Human Rights Proxy Wars, Johanna Kalb Jan 2017

Human Rights Proxy Wars, Johanna Kalb

Articles

No abstract provided.


Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens Jan 2017

Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens

Articles

In this article we summarize histories of nonlinear, complex interactions among societal, legal, and ecosystem dynamics in six North American water basins, as they respond to changing climate. These case studies were chosen to explore the conditions for emergence of adaptive governance in heavily regulated and developed social-ecological systems nested within a hierarchical governmental system. We summarize resilience assessments conducted in each system to provide a synthesis and reference by the other articles in this special feature. We also present a general framework used to evaluate the interactions between society and ecosystem regimes and the governance regimes chosen to mediate ...


The Columbia River Treaty: An Opportunity For Modernization Of Basin Governance, Barbara Cosens Jan 2016

The Columbia River Treaty: An Opportunity For Modernization Of Basin Governance, Barbara Cosens

Articles

No abstract provided.


Challenges And Opportunities Of The Expiring Columbia River Treaty, Barbara Cosens Jan 2016

Challenges And Opportunities Of The Expiring Columbia River Treaty, Barbara Cosens

Articles

No abstract provided.


Evaluating International State Constitutionalism, Johanna Kalb, Johanna Kalb Jan 2016

Evaluating International State Constitutionalism, Johanna Kalb, Johanna Kalb

Articles

No abstract provided.


Rule Of Law Reform In Transitional States: Bringing Method To The Madness - A Review Of Advancing The Rule Of Law Abroad: Next Generation Reform By Rachel Kleinfeld, David Pimentel Jan 2015

Rule Of Law Reform In Transitional States: Bringing Method To The Madness - A Review Of Advancing The Rule Of Law Abroad: Next Generation Reform By Rachel Kleinfeld, David Pimentel

Articles

No abstract provided.


The Judicial Role In New Democracies: A Strategic Account Of Comparative Citation, Johanna Kalb Jan 2013

The Judicial Role In New Democracies: A Strategic Account Of Comparative Citation, Johanna Kalb

Articles

No abstract provided.


Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln Jan 2012

Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln

Articles

The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law violations of IHL, however also give rise to civil liability Despite the advances with respect to rape made in the ...


Rule Of Law For Whom? Strengthening Rule Of Law As A Solution To Sexual Violence In The Democratic Republic Of Congo, Ryan S. Lincoln Jan 2011

Rule Of Law For Whom? Strengthening Rule Of Law As A Solution To Sexual Violence In The Democratic Republic Of Congo, Ryan S. Lincoln

Articles

This article suggests that programs designed to strengthen the rule of law in general are unlikely to be effective against the widespread problem of sexual violence in the Democratic Republic of the Congo. I argue that while weak rule of law perpetuates sexual violence, only rule of law programs designed specifically with respect to the needs, risks, and cultural norms pertaining to Congolese women can help curb this problem. The article begins with a brief history of conflict in the Great Lakes region of Africa to provide context for a discussion of the scope of sexual violence in the eastern ...


Contextualizing Sexual Violence Committed During The War On Terror: A Historical Overview Of International Accountability, Ryan S. Lincoln Jan 2011

Contextualizing Sexual Violence Committed During The War On Terror: A Historical Overview Of International Accountability, Ryan S. Lincoln

Articles

No abstract provided.


Human Rights Treaties In State Courts: The International Prospects Of State Constitutionalism After Medellin, Johanna Kalb Jan 2011

Human Rights Treaties In State Courts: The International Prospects Of State Constitutionalism After Medellin, Johanna Kalb

Articles

No abstract provided.


The Persistence Of Dualism In Human Rights Treaty Implementation, Johanna Kalb Jan 2011

The Persistence Of Dualism In Human Rights Treaty Implementation, Johanna Kalb

Articles

No abstract provided.


Transboundary River Governance In The Face Of Uncertainty: Resilience Theory And The Columbia River Treaty, Barbara Cosens Jan 2010

Transboundary River Governance In The Face Of Uncertainty: Resilience Theory And The Columbia River Treaty, Barbara Cosens

Articles

No abstract provided.


To Proceed With Caution? Aiding And Abetting Liability Under The Alien Tort Statute, Ryan S. Lincoln Jan 2010

To Proceed With Caution? Aiding And Abetting Liability Under The Alien Tort Statute, Ryan S. Lincoln

Articles

No abstract provided.


Dynamic Federalism In Human Rights Treaty Implementation, Johanna Kalb Jan 2010

Dynamic Federalism In Human Rights Treaty Implementation, Johanna Kalb

Articles

In response to the growing academic and political movement that opposes the direct incorporation of treaties into domestic federal law, numerous scholars have proposed that states take on an increased role in the domestic interpretation and implementation of international human rights treaties. The focus of this scholarship to date has been to locate doctrinal gaps where state legislatures and courts may act without intruding in areas of traditionally federal jurisdiction. Thus far, however, little effort has been directed towards modeling an affirmative obligation for state participation in treaty implementation, despite the fact that state action is arguably required, both pragmatically ...


The Institutional Ecology Of Ngos: Applying Hansmann To International Development, Johanna Kalb Jan 2006

The Institutional Ecology Of Ngos: Applying Hansmann To International Development, Johanna Kalb

Articles

While initially heralded as the "magic bullet" for development, NGOs have come under increasing criticism for their failure to deliver "development" as promised. Despite the plethora of new critiques, little systematic work has theorized how NGOs actually operate within the least developed countries as economic and social institutions, and what structural conditions are necessary for NGOs to operate successfully. Drawing on existing theories of the nonprofit form in a functioning three-sector economy, the Article argues the absence of certain economic conditions has a negative impact on NGO efficiency and efficacy. For NGOs to succeed, they must exist in an economy ...


The European Court Of Human Rights Takes A Step Toward Balancing The Arms, Monique C. Lillard Jan 2005

The European Court Of Human Rights Takes A Step Toward Balancing The Arms, Monique C. Lillard

Articles

No abstract provided.


Creating An Icsid Appellate Body, Johanna Kalb Jan 2005

Creating An Icsid Appellate Body, Johanna Kalb

Articles

Since the creation of the International Centre for Settlement of Investment Disputes (ICSID) over forty years ago, states have increasingly relied on this body to resolve conflicts in bilateral investment treaties (BITs). In light of such exponential growth in the number of disputes brought to the ICSID, the ICSID Secretariat has proposed the adoption of an optional appellate body to promote "coherence and consistency" in ICSID arbitrations. This comment argues that, given the realities of tribunal decision-making and of the interdependent global economy, states should consider taking steps towards reforming the ICSID system as a way of maximizing their remaining ...