Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Human rights (4)
- International law (3)
- Resilience (3)
- Sexual violence (3)
- Columbia River Treaty (2)
-
- Treaty implementation (2)
- Accomplice liability (1)
- Adaptive governance (1)
- Alien Tort Statute (1)
- Bilateral investment treaties (1)
- Cooperative federalism (1)
- Defamation (1)
- Democratic Republic of Congo (1)
- Ethiopia-Eritrea Claims Commission (1)
- European Convention on Human Rights (1)
- Foreign citation (1)
- Hazardous waste (1)
- Hazardous waste disposal (1)
- Human rights compliance (1)
- International Centre for Settlement of Investment Disputes (1)
- International Criminal Tribunal of the Former Yugoslavia (1)
- Interrogation (1)
- Legal citation (1)
- NGO (1)
- Patriot Act (1)
- State constitutionalism (1)
- State constitutions (1)
- State participation in treaty implementation (1)
- Technology (1)
- Transboundary water governance (1)
Articles 1 - 25 of 25
Full-Text Articles in Law
Modernization Of The Columbia River Treaty: An Opportunity For Idaho, Barbara Cosens
Modernization Of The Columbia River Treaty: An Opportunity For Idaho, Barbara Cosens
Articles
No abstract provided.
Human Rights Proxy Wars, Johanna Kalb
Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens
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 …
Evaluating International State Constitutionalism, Johanna Kalb
Evaluating International State Constitutionalism, Johanna Kalb
Articles
No abstract provided.
The Columbia River Treaty: An Opportunity For Modernization Of Basin Governance, Barbara Cosens
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
Challenges And Opportunities Of The Expiring Columbia River Treaty, Barbara Cosens
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
Articles
No abstract provided.
The Judicial Role In New Democracies: A Strategic Account Of Comparative Citation, Johanna Kalb
The Judicial Role In New Democracies: A Strategic Account Of Comparative Citation, Johanna Kalb
Articles
No abstract provided.
Resilience In Transboundary Water Governance: The Okavango River Basin, Barbara Cosens
Resilience In Transboundary Water Governance: The Okavango River Basin, Barbara Cosens
Articles
When the availability of a vital resource varies between times of overabundance and extreme scarcity, management regimes must manifest flexibility and authority to adapt while maintaining legitimacy. Unfortunately, the need for adaptability often conflicts with the desire for certainty in legal and regulatory regimes, and laws that fail to account for variability often result in conflict when the inevitable disturbance occurs. Additional keys to resilience are collaboration among physical scientists, political actors, local leaders, and other stakeholders, and, when the commons is shared among sovereign states, collaboration between and among institutions with authority to act at different scales or with …
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
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 …
Contextualizing Sexual Violence Committed During The War On Terror: A Historical Overview Of International Accountability, Ryan S. Lincoln
Contextualizing Sexual Violence Committed During The War On Terror: A Historical Overview Of International Accountability, Ryan S. Lincoln
Articles
No abstract provided.
Rule Of Law For Whom? Strengthening Rule Of Law As A Solution To Sexual Violence In The Democratic Republic Of Congo, Ryan S. Lincoln
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 …
Human Rights Treaties In State Courts: The International Prospects Of State Constitutionalism After Medellin, Johanna Kalb
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
The Persistence Of Dualism In Human Rights Treaty Implementation, Johanna Kalb
Articles
No abstract provided.
Dynamic Federalism In Human Rights Treaty Implementation, Johanna Kalb
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 …
To Proceed With Caution? Aiding And Abetting Liability Under The Alien Tort Statute, Ryan S. Lincoln
To Proceed With Caution? Aiding And Abetting Liability Under The Alien Tort Statute, Ryan S. Lincoln
Articles
No abstract provided.
Transboundary River Governance In The Face Of Uncertainty: Resilience Theory And The Columbia River Treaty, Barbara Cosens
Transboundary River Governance In The Face Of Uncertainty: Resilience Theory And The Columbia River Treaty, Barbara Cosens
Articles
No abstract provided.
Domestic Surveillance For International Terrorists: Presidential Power And Fourth Amendment Limits, Richard Henry Seamon
Domestic Surveillance For International Terrorists: Presidential Power And Fourth Amendment Limits, Richard Henry Seamon
Articles
No abstract provided.
The Institutional Ecology Of Ngos: Applying Hansmann To International Development, Johanna Kalb
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 …
Creating An Icsid Appellate Body, Johanna Kalb
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 …
The Patriot Act And The Wall Between Foreign Intelligence And Law Enforcement, Richard Henry Seamon
The Patriot Act And The Wall Between Foreign Intelligence And Law Enforcement, Richard Henry Seamon
Articles
No abstract provided.
Mcgoliath V. David: The European Court Of Human Rights Recent Equality Of Arms Decision, Monique C. Lillard
Mcgoliath V. David: The European Court Of Human Rights Recent Equality Of Arms Decision, Monique C. Lillard
Articles
No abstract provided.
The European Court Of Human Rights Takes A Step Toward Balancing The Arms, Monique C. Lillard
The European Court Of Human Rights Takes A Step Toward Balancing The Arms, Monique C. Lillard
Articles
No abstract provided.
Technology In A War Crimes Tribunal: Recent Experience At The Icty, David Pimentel
Technology In A War Crimes Tribunal: Recent Experience At The Icty, David Pimentel
Articles
No abstract provided.
Protocol On Liability And Compensation For Damage Resulting From The Transboundary Movements Of Hazardous Wastes And Their Disposal, Jerrold A. Long
Protocol On Liability And Compensation For Damage Resulting From The Transboundary Movements Of Hazardous Wastes And Their Disposal, Jerrold A. Long
Articles
No abstract provided.