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Articles 1 - 13 of 13
Full-Text Articles in Law
Differentiating The Corporation: Accountability And International Humanitarian Law, David Hughes
Differentiating The Corporation: Accountability And International Humanitarian Law, David Hughes
Michigan Journal of International Law
Corporations are significant global actors that are continuing to gain international legal status. Regulatory efforts have closely followed persistent claims that various forms of corporate activity are adversely affecting individual welfare and societal objectives. Such observations are perhaps most acute during instances of armed conflict. The history of corporate misdeeds occurring within or contributing to the perpetuation of warfare is now well-documented. However, the relationship between international humanitarian law—the legal field governing the conduct of war—and corporations receives less attention than other areas of international law where the treatment of business entities have made important advancements. This article considers the …
Is The Prosecution Of War Crimes Just And Effective? Rethinking The Lessons From Sociology And Psychology, Ziv Bohrer
Is The Prosecution Of War Crimes Just And Effective? Rethinking The Lessons From Sociology And Psychology, Ziv Bohrer
Michigan Journal of International Law
Should perpetrators of genocide, violent acts against civilians during war, or other massive violations of core human rights be punished? International criminal law (ICL) answers this question affirmatively, asserting that the punishment of such atrocities is just and that their effective prosecution can (and should) contribute to the prevention of such future acts. Moreover, an increasing attempt has been made in the international and domestic arenas to act in accordance with these assertions of ICL through the prosecution of war crimes. During the last two decades the role of ICL has become gradually more significant, and the fall of the …
Averting Catastrophe: Why The Nuclear Nonproliferation Treaty Is Losing Its Deterrence Capacity And How To Restore It, Orde F. Kittrie
Averting Catastrophe: Why The Nuclear Nonproliferation Treaty Is Losing Its Deterrence Capacity And How To Restore It, Orde F. Kittrie
Michigan Journal of International Law
This Article analyzes from a legal perspective the responses of the international community, and especially the Security Council, to the examples of nuclear proliferation outlined in this Article and the impact of those responses on the vitality of the nuclear nonproliferation regime. In doing so, the Article identifies and focuses on two key, interrelated themes. The first theme is the effect on these responses of the NPT's remarkably weak mechanisms for detecting violations of NPT obligations. The second theme is the frequent strong reluctance of the international community, including the Security Council, to impose serious sanctions for proliferation activity when …
What's Your Sign? -- International Norms, Signals, And Compliance, Charles K. Whitehead
What's Your Sign? -- International Norms, Signals, And Compliance, Charles K. Whitehead
Michigan Journal of International Law
This Article proposes a new approach to understanding state compliance with international obligations, positing that increased interaction among the world's regulators has reinforced network norms, as evidenced in part by a greater reliance among states on legally nonbinding instruments. This Article also begins to fill a gap in the growing scholarship on state compliance by proposing a better framework for understanding how international norms influence senior regulators and how they affect both state decisions to comply as well as levels of compliance.
The Culture Of Legal Change: A Case Study Of Tobacco Control In Twenty-First Century Japan, Eric A. Feldman
The Culture Of Legal Change: A Case Study Of Tobacco Control In Twenty-First Century Japan, Eric A. Feldman
Michigan Journal of International Law
This Article argues that the interaction of international norms and local culture is a central factor in the creation and transformation of legal rules. Like Alan Watson's influential theory of legal transplants, it emphasizes that legal change is frequently a consequence of learning from other jurisdictions. And like those who have argued that rational, self-interested lawmakers responding to incentives such as reelection are the engine of legal change, this Article treats incentives as critical motivators of human behavior. But in place of the cutting-and-pasting of black-letter legal doctrine it highlights the cross-border flow of social norms, and rather than material …
Legal Institutions And International Trade Flows, Daniel Berkowitz, Johannes Moenius, Katharina Pistor
Legal Institutions And International Trade Flows, Daniel Berkowitz, Johannes Moenius, Katharina Pistor
Michigan Journal of International Law
Why do domestic legal institutions matter, and why can trading parties-in particular exporters of complex goods-not easily opt-out of their domestic legal institutions? The authors argue that domestic institutions remain important even in a globalized world, because they are the final option for enforcing a claim against a party in the event of a breach of contract. International contracts take place in the shadow of the parties' home institutions. Unless parties can negotiate a settlement, or the losing party voluntarily complies with a foreign court or arbitration ruling, the winning party must seek enforcement against the assets of the losing …
Commentary To Andreas Fischer- Lescano & Gunther Teubner. The Legitimacy Of International Law And The Role Of The State, Andreas L. Paulus
Commentary To Andreas Fischer- Lescano & Gunther Teubner. The Legitimacy Of International Law And The Role Of The State, Andreas L. Paulus
Michigan Journal of International Law
It will come as a surprise to many readers that Professor Teubner presented their fascinating contribution on regime collision to the Michigan Journal of International Law's Symposium on a panel devoted to "the Role of the State in International Law." Indeed, one could not imagine better devil's advocates than Professor Teubner and Dr. Andreas Fischer-Lescano. They propose a radical break with a concept of international law and order based on the autonomous will of Nation-States. Accordingly, legal regulation does not only, if at all, emanate from Nation-States, but from a panoply of other public and, mostly, private actors. Thus, the …
Game Theory And Customary International Law: A Response To Professors Goldsmith And Posner, Mark A. Chinen
Game Theory And Customary International Law: A Response To Professors Goldsmith And Posner, Mark A. Chinen
Michigan Journal of International Law
In a pair of recent articles, Professors Jack Goldsmith and Eric Posner have used game theoretic principles to challenge the positivist account of customary international law. Their writings join other early attempts to apply game theory to the international law sources. The author has two purposes in this Article. The first is to evaluate game theory's potential for yielding greater insight into customary international law and international law more generally. The second is to respond to the conclusions about customary international law drawn by Professors Goldsmith and Posner.
Further Thoughts On Customary International Law, Jack L. Goldsmith, Eric A. Posner
Further Thoughts On Customary International Law, Jack L. Goldsmith, Eric A. Posner
Michigan Journal of International Law
In two earlier articles, the tools of game theory were used to sketch a positive theoretical account of customary international law ("CIL"). This theory rejected as question-begging the usual explanations of CIL based on legality, morality, opinio juris, and related concepts. It was argued instead that CIL emerges from nations' pursuit of self-interested policies on the international stage. This approach helps explain many overlooked features of CIL, including how CIL originates and changes, why the content of CIL tracks the interest of powerful nations, and why nations change their views of CIL when their interests change. Finally, the practices …
Mrs. Watu: Seven Steps To Trade Sanctions Analysis, Raj Bhala
Mrs. Watu: Seven Steps To Trade Sanctions Analysis, Raj Bhala
Michigan Journal of International Law
An earlier version of this article was published as MRS. WATU and International Trade Sanctions, 33 INT'L LAW Spring 1999. The first draft of this article was presented in Washington, D.C. on 14 May 1998 at The Department of Commerce-George Washington University Third Annual Institute on International Trade and Investment.
The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury
The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury
Michigan Journal of International Law
The purpose of this article is to challenge the tendency in the existing literature to view "compliance" simply as "correspondence of behavior with legal rules." This tendency is intelligibly based in a theoretical view that law can properly be defined and understood as a body of rules and expresses a practical concern to get on with the important task of producing empirical studies of compliance. The logical corollary is that a reasonable degree of conformity between these rules and actual behavior is necessary to an efficacious legal system, so that recurrent and widespread non-conformity with rules would usually call into …
The Legal Environment Of International Finance: Thinking About Fundamentals, Merritt B. Fox
The Legal Environment Of International Finance: Thinking About Fundamentals, Merritt B. Fox
Michigan Journal of International Law
Review of International Finance: Transactions, Policy, and Regulations by Hals S. Scott and Philip A. Wellons
Attributing Acts Of Omission To The State, Gordon A. Christenson
Attributing Acts Of Omission To The State, Gordon A. Christenson
Michigan Journal of International Law
Comprehensively expanded and revised from a paper presented before the American Society of International Law at its annual meeting in Washington, D. C., on March 29, 1990.