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Articles 1 - 7 of 7
Full-Text Articles in Law
A Larger War On Terror?, David Cole
A Larger War On Terror?, David Cole
Georgetown Law Faculty Publications and Other Works
No abstract provided.
The Brits Do It Better, David Cole
The Brits Do It Better, David Cole
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Climate Change, Intergenerational Equity, And International Law, Edith Brown Weiss
Climate Change, Intergenerational Equity, And International Law, Edith Brown Weiss
Georgetown Law Faculty Publications and Other Works
Climate change is an inherently intergenerational problem with extremely serious implications for equity between ourselves and future generations and among communities in the present and the future. More than twenty years ago I wrote an article entitled Climate Change, Intergenerational Equity and International Law. The basic issues and the analysis remain the same, though a number of international agreements relevant to climate change have been concluded since then.
Post-Conflict Rule Of Law Building: The Need For A Multi-Layered, Synergistic Approach, Jane E. Stromseth
Post-Conflict Rule Of Law Building: The Need For A Multi-Layered, Synergistic Approach, Jane E. Stromseth
Georgetown Law Faculty Publications and Other Works
In recent years, considerable blood, sweat, and treasure have been devoted to building the rule of law in the wake of armed conflicts and military interventions in many parts of the world. From Afghanistan to Iraq, Kosovo to East Timor, and Sierra Leone to Haiti and elsewhere, international interveners and local leaders have struggled to address both security and humanitarian challenges in societies seeking to overcome a legacy of violent conflict
Codes And Hypertext: The Intertextuality Of International And Comparative Law, Marylin J. Raisch
Codes And Hypertext: The Intertextuality Of International And Comparative Law, Marylin J. Raisch
Georgetown Law Faculty Publications and Other Works
The field of information studies reveals gaps in the literature of international and comparative law as part of interdisciplinary and textual studies. To illustrate the kind of theoretical and text-based work that could be done, this essay provides an example of such a study. Religious law texts, civil law codes, treaties and constitutional texts may provide a means to reveal the nature of hypertext as the new format for commentary. Margins used to be used for commentary, and now this can be done with hypertext and links in footnotes. Scholarly communication in general is now intertextual, and texts derive value …
Treaties As Law Of The Land: The Supremacy Clause And The Judicial Enforcement Of Treaties, Carlos Manuel Vázquez
Treaties As Law Of The Land: The Supremacy Clause And The Judicial Enforcement Of Treaties, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
Courts in recent years have perceived threshold obstacles to the enforcement of treaties deriving from their nature as contracts between nations that generally depend for their efficacy on the interest and honor of the parties, rather than on domestic adjudication. This approach to treaty enforcement is in tension with the Constitution’s declaration that treaties are part of the law of the land and its instruction to judges to give them effect. The Founders understood that treaties depended on interest and honor on the international plane, but they made treaties enforceable in our courts anyway in order to avoid the international …
Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism, Catherine Powell
Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism, Catherine Powell
Georgetown Law Faculty Publications and Other Works
Bridging international and constitutional law scholarship, the author examines the question of torture in light of democratic values. The focus in this article is on the international prohibition on torture as this norm was addressed through the political process in the aftermath of Hamdan v. Rumsfeld. Responding to charges that the international torture prohibition--and international law generally--poses irreconcilable challenges for democracy and our constitutional framework, the author contends that by promoting respect for fundamental rights and for minorities and outsiders, international law actually facilitates a broad conception of democracy and constitutionalism. She takes on the question of torture within …