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Full-Text Articles in Law
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.
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 …
Accountability And The Commission On The Limits Of The Continental Shelf: Deciding Who Owns The Ocean Floor, Anna Cavnar
Accountability And The Commission On The Limits Of The Continental Shelf: Deciding Who Owns The Ocean Floor, Anna Cavnar
Cornell International Law Journal
No abstract provided.
Multinational Patent Enforcement: What The Parochial United States Can Learn From Past And Present European Initiatives, Kerry J. Begley
Multinational Patent Enforcement: What The Parochial United States Can Learn From Past And Present European Initiatives, Kerry J. Begley
Cornell International Law Journal
No abstract provided.
Global Governance, Antitrust, And The Limits Of International Cooperation, Paul B. Stephan
Global Governance, Antitrust, And The Limits Of International Cooperation, Paul B. Stephan
Cornell International Law Journal
Argues that eliminating international institutions is the best way to solve the problem of inadequate national regulation. Private actions that frustrate competition are highlighted to show that the problem of government failure exists at the international level. The nature of competition policy & its potential for abuse are described to point out the inseparability of competition policy & trade policy, as well as difficulties that result from the less transparent nature of competition law. A review of proposals to develop international regimes to accommodate substantive competition law or allocate regulatory jurisdiction emphasizes why such regimes are likely to be unsatisfactory. …
Let Go Of That Case - British Anti-Suit Injunctions Against Brussels Convention Members, Maura E. Wilson
Let Go Of That Case - British Anti-Suit Injunctions Against Brussels Convention Members, Maura E. Wilson
Cornell International Law Journal
No abstract provided.
A Call For The Codification Of The Unocal Doctrine, David I. Becker
A Call For The Codification Of The Unocal Doctrine, David I. Becker
Cornell International Law Journal
No abstract provided.
Constitutional Structure As A Limitation On The Scope Of The Law Of Nations In The Alien Tort Claims Act, Donald J. Kochan
Constitutional Structure As A Limitation On The Scope Of The Law Of Nations In The Alien Tort Claims Act, Donald J. Kochan
Cornell International Law Journal
No abstract provided.
Jurisdiction, Discretion And The Brussels Convention, Richard G. Fentiman
Jurisdiction, Discretion And The Brussels Convention, Richard G. Fentiman
Cornell International Law Journal
No abstract provided.
The Extradition Of John Demjanjuk: War Crimes, Universality Jurisdiction, And The Political Offense Doctrine, Rena Hozore Reiss
The Extradition Of John Demjanjuk: War Crimes, Universality Jurisdiction, And The Political Offense Doctrine, Rena Hozore Reiss
Cornell International Law Journal
No abstract provided.
The Exhaustion Of Local Rule And Forum Non Conveniens In International Litigation In U.S. Courts, Stephen W. Yale-Loehr
The Exhaustion Of Local Rule And Forum Non Conveniens In International Litigation In U.S. Courts, Stephen W. Yale-Loehr
Cornell International Law Journal
No abstract provided.