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Full-Text Articles in Law
Human Rights Violations Consequent To Transshipment Practices In Fisheries, Chelsey F. Marto
Human Rights Violations Consequent To Transshipment Practices In Fisheries, Chelsey F. Marto
Ocean and Coastal Law Journal
Transshipment, the process of transferring catch from a small fishing vessel onto a larger fishing vessel far off shore, has been used to commit a variety of human rights abuses on the sea. Companies can get away with this because there is little to no oversight over the activities. Yet, there has been little to no incentive to change these practices, because companies are generally not penalized for these actions. The author proposes a variety of tactics be implemented in addressing these concerns. These include imposition of sanctions upon countries who allow for nefarious activities, increased video surveillance on board …
Race To Extinction: Shark Conservation Under International And European Law And Its Limits, Ilja Richard Pavone
Race To Extinction: Shark Conservation Under International And European Law And Its Limits, Ilja Richard Pavone
Ocean and Coastal Law Journal
The purpose of this paper is to clarify the existing (global and regional) legal standards on shark conservation from over-exploitation. First, an analysis of the current international legal framework (law of the sea, sustainable fisheries management, wildlife law) applicable to shark protection is provided (Part I). Next the paper explores the evolution of the European Union (EU) policy on shark finning, since the EU − in line with the United States (Shark Conservation Act) − opted for a strict fins-attached policy, or Fins-Naturally Attached (FNA), The new policy eliminated the major pitfall of its previous regulation, based on a fin-to-carcass …
Concerning French International Law Manuels: A Critical Review Of The Principal French Textbooks In Public International Law, Alix Toublanc
Concerning French International Law Manuels: A Critical Review Of The Principal French Textbooks In Public International Law, Alix Toublanc
Maine Law Review
The perspectives of French lawyers concerning international law and international institutions are formed largely by the basic course in public international law that they took as law students. Students in the course attend formal lectures by the professor (cours magistraux) and often supplementary section meetings, or tutorials, with instructors (travaux diriges), as well as read all or part of a basic textbook (manuel) in public international law and other assigned materials. One way to gain insight into the fundamental ways of thinking about international law of French lawyers and law-trained officials is to take a close look at the manuels …
Contrasting Perspectives And Preemptive Strike: The United States, France, And The War On Terror, Sophie Clavier
Contrasting Perspectives And Preemptive Strike: The United States, France, And The War On Terror, Sophie Clavier
Maine Law Review
A few years ago, Samuel P. Huntington's article in Foreign Affairs, "The Clash of Civilizations?" described a "West vs. the Rest" conflict leading to the assumption of an essentially unified Western civilization settling "[g]lobal political and security issues ... effectively ... by a directorate of the United States, Britain and France" and centered around common core values "using international institutions, military power and economic resources to run the world in ways that will . . . protect Western interests . . . .” Against the West, the specter of disorder and fundamentalism was looming and would precipitate conflicts. This widely …
Collective Security And The International Enforcement Of International Law: French And American Perspectives, Ana Peyró Llopis
Collective Security And The International Enforcement Of International Law: French And American Perspectives, Ana Peyró Llopis
Maine Law Review
Is the American perspective on the enforcement of international law compatible with the French perspective? For American legal scholars, the term enforcement is sometimes used as the equivalent of the following French notions: mise en oeuvre, application, and also coercition. The American term enforcement appears to be used in situations where the French prefer legal terms that are closer to the connotation of implementation rather than that of enforcement. What are the consequences of the use of such different terms? Is there, behind the use of different language, with different meanings and approaches, a different perspective on the enforcement of …
Unilateral And Multilateral Preventive Self-Defense, Stéphanie Bellier
Unilateral And Multilateral Preventive Self-Defense, Stéphanie Bellier
Maine Law Review
The governing principle of the collective security system created by the United Nations Charter in 19451 is the rule prohibiting the use of force in Article 2(4), which provides that "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purpose of the United Nations." This rule prohibiting the use of force was considered revolutionary at the time because it transformed into international law ideas which had for centuries, if not millennia, preoccupied the minds of people …
Application Of Treaties And Decisions Of International Tribunals In The United States And France: Reflections On Recent Practice, Martin A. Rogoff
Application Of Treaties And Decisions Of International Tribunals In The United States And France: Reflections On Recent Practice, Martin A. Rogoff
Maine Law Review
In recent years, with the growth of international treaty law and the increasing role of international tribunals, questions involving the application of conventional international law and the decisions of international tribunals by national courts have assumed great practical importance. This is not only because such questions are arising with increasing frequency, but also because the way in which they are handled by domestic courts has a lot do with the efficacy of international law. As a practical matter, the rules of conventional international law and the decisions of international tribunals, if applied or effectuated by domestic courts, may very well …
Commentary: Convergences And Divergences: The United States And France In Multilateral Diplomacy, André Lewin
Commentary: Convergences And Divergences: The United States And France In Multilateral Diplomacy, André Lewin
Maine Law Review
Despite the divergences that have regularly separated the United States and France, or at the very least their officials-who unfortunately influence public opinion as well-there are, in my opinion, more similarities than differences than one would believe between these two countries' approaches to international relations. They both feel that they have a calling to defend the advancement of universal values in the world in order to further humanity along the road of peace, democracy, happiness, and justice. The United States, which can be considered a relatively new country, values respect for human rights, free enterprise, equal opportunity for everyone, individual …
France, Europe, The United States, Abdelkhaleq Berramdane
France, Europe, The United States, Abdelkhaleq Berramdane
Maine Law Review
Fascination and rejection have always characterized Franco-American relations, like an old couple who are not able to forgive: for France, the battle of Yorktown where Lafayette and Rochambeau contributed to the independence of the former British colonies; for the United States, American participation, twice, in the liberation of France. Neither one willing to credit its salvation to the other. A tumultuous relationship very much resembling the rocky history of the Statue of Liberty ("Liberty Enlightening the World"), offered by a still fragile Republic to a distant sister, who only begrudgingly offered it a pedestal. For centuries French literature has been …
Thought Versus Action: The Influence Of Legal Tradition On French And American Approaches To International Law, Dana Zartner Falstrom
Thought Versus Action: The Influence Of Legal Tradition On French And American Approaches To International Law, Dana Zartner Falstrom
Maine Law Review
In the months leading up to the U.S. intervention in Iraq in March 2003, the dialogue between the United States and France on the appropriate course of action to take in response to Iraq's report on its weapons of mass destruction revealed differences between these traditional allies as to the options available under international law. These differences did not center on the goals of any proposed action-both sides in fact agreed upon the goals, which were to ensure there were no weapons of mass destruction; to prevent an increase in terrorist activity; and to address the continuing violations of international …
French And American Perspectives On International Law: Legal Cultures And International Law, Emmanuelle Jouannet
French And American Perspectives On International Law: Legal Cultures And International Law, Emmanuelle Jouannet
Maine Law Review
I want to begin my consideration of French and American perspectives on international law by addressing more generally the question of the relationship between legal culture and international law in order to broadly contextualize the descriptions of French and American perspectives on international law that are the subject of this Article. I would like to stress at the outset that it seems to me that there does not exist any global or cosmopolitan vision of international law, but, on the contrary, an inevitable multiplicity of particular national, regional, individual, and institutional visions. This is so because the actors in the …
African Lawyers Harness Human Rights To Face Down Global Poverty, Lucie E. White
African Lawyers Harness Human Rights To Face Down Global Poverty, Lucie E. White
Maine Law Review
This is an exciting time in Africa. Yes, of course it is true that the rise of fundamentalist political movements, armed conflict, epidemic diseases, and extreme poverty will challenge the continent for decades to come. I don’t need to tell you that. Yet at the same time, we are witness to what many call an “African Renaissance.” In many domains, including the arts, civil society, social provision, and democratic governance, African nations are beginning to take their place in a newly configured globe. One of these domains of energy, innovation, and hope is a new human rights movement. This movement …
The Corporation As Sovereign, Allison D. Garrett
The Corporation As Sovereign, Allison D. Garrett
Maine Law Review
In the past two hundred years, sovereignty devolved from the monarch to the people in many countries; in our lifetimes, it has devolved in several significant ways from the people to the corporation. We are witnesses to the erosion of traditional Westphalian concepts of sovereignty, where the chess game of international politics is played out by nation-states, each governing a certain geographic area and group of people. Eulogies for the nation-state often cite globalization as the cause of death. The causa mortis is characterized by the increase in the power and normative influence of supranational organizations, such as the United …
Legal Formalism Meets Policy-Oriented Jurisprudence: A More European Approach To Frame The War On Terror, Julien Cantegreil
Legal Formalism Meets Policy-Oriented Jurisprudence: A More European Approach To Frame The War On Terror, Julien Cantegreil
Maine Law Review
Myres S. McDougal, the leader of the New Haven School of International Law (NHSIL), advanced a comprehensive and iconoclastic conception of international law and its goals, one whose continuing influence is well-known today: a visceral rule-skepticism that even his least fervent disciples would never renounce. McDougal’s conception of international law and its goals is fundamentally different from the normativist view of Hans Kelsen, which has been and continues to be enormously influential throughout continental Europe, particularly in France. In the portion of his 1953 course at The Hague Academy of International Law devoted to Kelsen’s canonical Legal Technique in International …
Refugees And Internally Displaced: A Challenge To Nation-Building, Rebecca M.M. Wallace, Diego Quiroz
Refugees And Internally Displaced: A Challenge To Nation-Building, Rebecca M.M. Wallace, Diego Quiroz
Maine Law Review
Recent statistics published by the United Nations High Commissioner for Refugees (UNHCR) indicate that there are at least 32.9 million people who are “persons of concern to UNHCR.” This growing population includes “refugees, returnees, [and] stateless and internally displaced persons (IDPs).” Furthermore, it is estimated that there are some “[thirty] states in the world . . . that are at some stage or another along the road to possible failure.” These are weak states beset by invasion, civil war, ethnic rivalry and tribal warfare, or struggling in the wake of any of these catastrophes. Given that 2006 saw a fifty-six …
The Legal Architecture Of Nation-Building: An Introduction, Charles H. Norchi
The Legal Architecture Of Nation-Building: An Introduction, Charles H. Norchi
Maine Law Review
In the future, a historian studying the early twenty-first century will observe a trend: numerous lawyers applying their skill sets to the problems of pathological states. Our future historian will note that the topography of the post-Cold War international system was marked by weakly-governed states failing. Fragile states eroded, frayed, and disintegrated under stress, and their internal social processes became highly susceptible to external forces. Powerful non-state actors, including private armies, operated within the porous boundaries of entities that were once functioning polities. Legal authority became divorced from political control as non-state actors wielded naked power, challenging formal state structures …
Can Self-Defense Serve As An Appropriate Tool Against International Terrorism?, Jan Kittrich
Can Self-Defense Serve As An Appropriate Tool Against International Terrorism?, Jan Kittrich
Maine Law Review
The phenomenon of terrorism represents one of the gravest challenges to international order, peace, and security. The unpredictable nature of terrorist attacks threatens the public safety of each member of the international community. At the same time, member states’ responses to terrorism appear to threaten the homogeneity of modern international law and disrupt the uniform system of legal rules. In some aspects, it also seems to divide the community of international scholars. Simply put, terrorism deviates from the rule of law and so might the responsive action that it necessitates. This is the potential danger that terrorism intentionally aims to …
A Century Of French International Law Scholarship, Emmanuelle Jouannet
A Century Of French International Law Scholarship, Emmanuelle Jouannet
Maine Law Review
In this study of contemporary French scholarship in the field of international law, I aimed to reveal its reality at the dawn of the 21st century, but I quickly discovered that it is difficult to understand the current trends in this area of scholarship without first placing French international legal thought in the broader context of the evolution of international law itself. It seems that the increased stature of international law and its considerable expansion since 1945 are both accepted and problematic. This evolution is not problematic in and of itself; the problem lies in the increased interest it arouses …
Bilateral Investment Treaties And Domestic Institutional Reform, Richard C. Chen
Bilateral Investment Treaties And Domestic Institutional Reform, Richard C. Chen
Faculty Publications
The bilateral investment treaties (BITs) signed between developed and developing countries are supposed to increase the flow of investment from the former to the latter. But the evidence indicates that the existing approach of guaranteeing special protections for foreign investors has only a modest impact on luring their dollars. At the same time they are failing to produce meaningful benefits, these treaty commitments create substantial costs for the host states that make them, exposing them to liability and constraining their regulatory authority. Given this state of imbalance, the time seems ripe for a new approach, but existing proposals for revising …