Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Comparative law (3)
- International law (2)
- International litigation (2)
- Jurisdiction (2)
- Access to justice (1)
-
- Alien Tort Statute (1)
- Alternative dispute resolution (1)
- Arab Spring (1)
- Arab constitutionalism (1)
- Bahrain (1)
- Choice of forum (1)
- Choice of law (1)
- Civil procedure (1)
- Civilian universal jurisdiction (1)
- Conflict of laws (1)
- Corporate liability (1)
- Crimes against humanity (1)
- Declining jurisdiction (1)
- Democratic revolution (1)
- Due process (1)
- Foreign law (1)
- Foreign legal culture (1)
- Forum non conveniens (1)
- Human rights (1)
- Inter-American Court of Human Rights (1)
- International courts (1)
- International criminal justice (1)
- Islamic constitutionalism (1)
- Islamic law (1)
- Judicial decisionmaking (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Theater Of International Justice, Jessie Allen
Theater Of International Justice, Jessie Allen
Articles
In this essay I defend international human rights tribunals against the charge that they are not “real” courts (with sovereign force behind them) by considering the proceedings in these courts as a kind of theatrical performance. Looking at human rights courts as theater might at first seem to validate the view that they produce only an illusory “show” of justice. To the contrary, I argue that self-consciously theatrical performances are what give these courts the potential to enact real justice. I do not mean only that human rights tribunals’ dramatic public hearings make injustice visible and bring together a community …
Party Autonomy And Access To Justice In The Uncitral Online Dispute Resolution Project, Ronald A. Brand
Party Autonomy And Access To Justice In The Uncitral Online Dispute Resolution Project, Ronald A. Brand
Articles
The United Nations Commission on International Trade Law (UNCITRAL) has directed its Working Group III to prepare instruments that would provide the framework for a global system of online dispute resolution (ODR). Negotiations began in December 2010 and have produced an as-yet-incomplete set of procedural rules for ODR. It is anticipated that three other documents will be prepared, addressing substantive principles to be applied in ODR, guidelines and minimum requirements for ODR providers and neutrals, and a cross-border mechanism for enforcement of the resulting ODR decisions on a global basis.
The most difficult issues in the ODR negotiations are centered …
Access-To-Justice Analysis On A Due Process Platform, Ronald A. Brand
Access-To-Justice Analysis On A Due Process Platform, Ronald A. Brand
Articles
In their article, Forum Non Conveniens and The Enforcement of Foreign Judgments, Christopher Whytock and Cassandra Burke Robertson provide a wonderful ride through the landscape of the law of both forum non convenience and judgments recognition and enforcement. They explain doctrinal development and current case law clearly and efficiently, in a manner that educates, but does not overburden, the reader. Based upon that explanation, they then provide an analysis of both areas of the law and offer suggestions for change. Those suggestions, they tell us, are necessary to close the “transnational access-to-justice gap” that results from apparent differences between rules …
Remarks On The Gjil Symposium On Corporate Responsibility And The Alien Tort Statute, Vivian Grosswald Curran
Remarks On The Gjil Symposium On Corporate Responsibility And The Alien Tort Statute, Vivian Grosswald Curran
Articles
The following essay is a summary of remarks I delivered at the symposium on corporate responsibility and the Alien Tort Statute held at Georgetown Law School after the first Kiobel v. Royal Dutch Petroleum Co. Supreme Court oral argument. My remarks addressed the importance of considering foreign national law when judging the meaning of universal civil jurisdiction, and, implicitly, the inextricability of domestic from international law matters.
Repugnancy In The Arab World, Haider Ala Hamoudi
Repugnancy In The Arab World, Haider Ala Hamoudi
Articles
“Repugnancy clauses” -- those constitutional provisions that, in language that varies from nation to nation, require legislation to conform to some core conception of Islam -- are all the rage these days. This clause, a relatively recent addition to many modern constitutions, has emerged as a central focus of academic writing on Muslim state constitutions generally, and on Arab constitutions in particular. Much of the attention it has received has been enlightening and erudite. Yet one aspect of the broader repugnancy discourse that deserves some attention is an important, often de facto, temporal limitation on the effect of the clause. …
Arab Spring, Libyan Liberation And The Externally Imposed Democratic Revolution, Haider Ala Hamoudi
Arab Spring, Libyan Liberation And The Externally Imposed Democratic Revolution, Haider Ala Hamoudi
Articles
Richard Albert wants to know what happened to our commitment to the democratic revolution, and I share his frustrations and his befuddlement. Indeed, I might phrase the question more broadly than he has, and ask precisely what has become of our commitment to democratic rule, however brought about. Contemporary events in the Arab world leave one more confused than ever as to America’s understanding of its own role in supporting democratic orders. This is a matter that deserves more attention than it has been receiving. I consider Professor Albert’s contribution important, and helpful in advancing the discussion in a positive …