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Full-Text Articles in Law
Global Legal Pluralism, Paul Schiff Berman
Global Legal Pluralism, Paul Schiff Berman
GW Law Faculty Publications & Other Works
This Article grapples with the complexities of law in a world of hybrid legal spaces, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes. In order to conceptualize this world, I introduce literature on legal pluralism, and I suggest that, following its insights, we need to realize that normative conflict among multiple, overlapping legal systems is unavoidable and might even sometimes be desirable, both as a source of alternative ideas and as a site for discourse among multiple community affiliations. Thus, instead of trying to stifle conflict either through an imposition of sovereigntist, territorially-based, …
Trade And The Environment In The Wto, Steve Charnovitz
Trade And The Environment In The Wto, Steve Charnovitz
GW Law Faculty Publications & Other Works
The linkage between trade and the environment stands out as an important challenge in global economic governance. Over the past decade, the WTO devoted considerable attention to this issue and included it on the agenda of the Doha Round. In parallel, the jurisprudence on trade and the environment has experienced significant advances. This study provides an overview of the main institutional changes at the WTO and of the developments in the jurisprudence most relevant to the interaction between the environment and trade. Specifically, this study focuses on GATT Article XX and takes note of many positive (and a few negative) …
A Pluralist Approach To International Law, Paul Schiff Berman
A Pluralist Approach To International Law, Paul Schiff Berman
GW Law Faculty Publications & Other Works
This Essay is a contribution to a recent symposium at Yale Law School asking whether there is a new New Haven School of International Law. The original New Haven School of International Law offered a significant, process-based, rejoinder to the realism and positivism that had dominated international relations theory in the United States since the close of World War II. Whereas international relations realists viewed international law as merely a product of state power relations, and positivists dismissed international law entirely because it lacked both sovereign commands and a rule of recognition, scholars of the New Haven School studied law …
Incrementalism: Eroding The Impediments To A Global Public Procurement Market, Christopher R. Yukins, Steven L. Schooner
Incrementalism: Eroding The Impediments To A Global Public Procurement Market, Christopher R. Yukins, Steven L. Schooner
GW Law Faculty Publications & Other Works
Following decades of international negotiations and agreements, the world's multi-trillion-dollar public procurement market appears to be maturing into a free, open international market. To reach that point, nations must lower a broad array of barriers to trade in procurement. As the U.S. experience demonstrates, purchasing agencies, laboring under the constraints of domestic preferences, may effectively seek to promote free trade. At the same time, a variety of international organizations, from the World Trade Organization to Transparency International, have developed tools and instruments - including model codes and explicit nondiscrimination agreements - that ease barriers to trade in procurement. To accelerate …