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Articles 1 - 14 of 14
Full-Text Articles in Law
Consumer Protection In Choice Of Law, Giesela Ruhl
Consumer Protection In Choice Of Law, Giesela Ruhl
Cornell International Law Journal
No abstract provided.
Cutting The Gordian Knot: How And Why The United Nations Should Vest The International Court Of Justice With Referral Jurisdiction, Andrew Strauss
Cutting The Gordian Knot: How And Why The United Nations Should Vest The International Court Of Justice With Referral Jurisdiction, Andrew Strauss
Cornell International Law Journal
The International Court of Justice the global system's oldest and most venerable tribunal has failed to meet its full potential. This is in large measure due to the requirement that the Court may only assert jurisdiction over states with their consent, which is often withheld. To help correct for this failure, this article proposes that the Court be given a referral jurisdiction. Referral jurisdiction would empower the Court to issue advisory opinions on interstate disputes without the requirement of state consent. Standing in the way of nonconsent-based jurisdiction, however, is the problem of the Gordian Knot: The world's most powerful …
Corporate Civil Liability Under The Alien Tort Statute: Exploring Its Possibility And Jurisdictional Limitations, Matthew E. Danforth
Corporate Civil Liability Under The Alien Tort Statute: Exploring Its Possibility And Jurisdictional Limitations, Matthew E. Danforth
Cornell International Law Journal
No abstract provided.
Does Access To Justice Improve Compliance With Human Rights Norms - An Empirical Study, Samuel P. Baumgartner
Does Access To Justice Improve Compliance With Human Rights Norms - An Empirical Study, Samuel P. Baumgartner
Cornell International Law Journal
No abstract provided.
Courts Resisting Courts: Lessons From The Inter-American Court’S Struggle To Enforce Human Rights, Alexandra Huneeus
Courts Resisting Courts: Lessons From The Inter-American Court’S Struggle To Enforce Human Rights, Alexandra Huneeus
Cornell International Law Journal
Courts Resisting Courts explores a critical tension in international law: the relationship between international and national courts. Leading theorists assume that autonomous national courts heighten compliance with international human rights regimes. This article challenges this orthodoxy. It focuses on the Inter-American Court of Human Rights, an international court unique in that it orders far-reaching, innovative remedies that invoke action not only by the State's executive, but also the legislature and local courts. Original data reveals that national courts, more than any other branch of government, shirk the Court's rulings. This article turns this insight into a prescription for gaining greater …
A Conflict Of Interests: Privacy, Truth, And Compulsory Dna Testing For Argentina’S Children Of The Disappeared, Elizabeth B. Ludwin King
A Conflict Of Interests: Privacy, Truth, And Compulsory Dna Testing For Argentina’S Children Of The Disappeared, Elizabeth B. Ludwin King
Cornell International Law Journal
From 1976 to 1983, Argentina was ruled by a military dictatorship that disappeared an estimated 30,000 suspected subversives, including parents of young children and pregnant women. Their children, either disappeared along with their parents or born in clandestine detention centers, were then taken from their parents and adopted, often by couples who were sympathetic with the government and knew of the children's origins. This Article addresses Argentina's newest effort to identify these now-adult children: compulsory DNA testing in cases where the raising parents are suspected of having knowingly adopted their children illegally. It argues that, although the mandatory testing permissibly …
Unmanned, Unprecedented, And Unresolved: The Status Of American Drone Strikes In Pakistan Under International Law, Andrew C. Orr
Unmanned, Unprecedented, And Unresolved: The Status Of American Drone Strikes In Pakistan Under International Law, Andrew C. Orr
Cornell International Law Journal
No abstract provided.
Law On The Books Vs. Law In Action: Under-Enforcement Of Morocco’S Reformed 2004 Family Law, The Moudawana, Ann M. Eisenberg
Law On The Books Vs. Law In Action: Under-Enforcement Of Morocco’S Reformed 2004 Family Law, The Moudawana, Ann M. Eisenberg
Cornell International Law Journal
No abstract provided.
From Control To Communication: Science, Philosophy, And World Trade Law, Sungjoon Cho
From Control To Communication: Science, Philosophy, And World Trade Law, Sungjoon Cho
Cornell International Law Journal
Recently, science has become increasingly salient in various fields of international law. In particular, the World Trade Organization (WTO) Sanitary and Phytosanitary (SPS) Agreement stipulates that a regulating state must provide scientific justification for its food safety measures. Paradoxically, however, this ostensibly neutral reference to science often complicates treaty interpretation. It tends to take treaty interpretation beyond the conventional methodology provided by the Vienna Convention on the Law of Treaties, which is primarily concerned with clarifying and articulating the text of treaties. The two decades old transatlantic trade dispute over the safety of hormone-treated beef is a case in point. …
The Primacy Of Society And The Failures Of Law And Development, Brian Z. Tamanaha
The Primacy Of Society And The Failures Of Law And Development, Brian Z. Tamanaha
Cornell International Law Journal
No abstract provided.
Impairment, Discrimination, And The Legal Construction Of Disability In The European Union And The United States, Vlad Perju
Cornell International Law Journal
No abstract provided.
Fast Track Authority And Its Implication For Labor Protection In Free Trade Agreements, Eli J. Kirschner
Fast Track Authority And Its Implication For Labor Protection In Free Trade Agreements, Eli J. Kirschner
Cornell International Law Journal
No abstract provided.
Water Pollution And Regulatory Cooperation In China, Hong Lan, Michael A. Livermore, Craig A. Wenner
Water Pollution And Regulatory Cooperation In China, Hong Lan, Michael A. Livermore, Craig A. Wenner
Cornell International Law Journal
Government authority in China, while constitutionally organized as a unitary sovereign, is, in practice, a complex system of informal and formal divisions of authority between national, provincial, and local political actors. In the context of water pollution control, an issue of considerable interest in China, both central and subnational authorities have key roles. The incentives faced by some officials, however, are ill-aligned with environmental protection, predictably leading to inefficiently high levels of pollution. Recent changes in China's water pollution regime have the potential to create a more successful cooperative arrangement between the national and subnational governments. These reforms impose stronger …
A South American Energy Treaty: How The Region Might Attract Foreign Investment In A Wake Of Resource Nationalism, Jason Pierce
A South American Energy Treaty: How The Region Might Attract Foreign Investment In A Wake Of Resource Nationalism, Jason Pierce
Cornell International Law Journal
No abstract provided.