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Articles 31 - 60 of 60
Full-Text Articles in Law
Extraterritoriality, Antitrust, And The Pragmatist Style, Justin Desautels-Stein
Extraterritoriality, Antitrust, And The Pragmatist Style, Justin Desautels-Stein
Publications
In the last decades of the 20th century, David Kennedy and Martti Koskenniemi made the case that the modern structure of international legal argument was characterized by "pragmatism." Taking this idea as its baseline, this Article's central argument is that legal pragmatism embodies a dominant style of contemporary legal reasoning, and that as Kennedy and Koskenniemi might have suggested, it is on display in some of the canonical antitrust decisions having an international dimension. The Article also seeks to show that pragmatism's ostensible triumph is best understood as a contest of three distinctly legal pragmatisms: "eclectic pragmatism," as evidenced in …
Can Might Make Right? The Use Of Force To Impose Democracy And The Arthurian Dilemma In The Modern Era, Scott Thompson
Can Might Make Right? The Use Of Force To Impose Democracy And The Arthurian Dilemma In The Modern Era, Scott Thompson
Publications
This article explains that under international law nations are not permitted to use force to impose democracy on other nations and that such an approach is also impracticable and undesirable from a policy perspective.
Sending The Self-Execution Doctrine To The Executioner, Aya Gruber
Sending The Self-Execution Doctrine To The Executioner, Aya Gruber
Publications
No abstract provided.
Indigenous Law And Its Contribution To Global Pluralism, James Anaya
Indigenous Law And Its Contribution To Global Pluralism, James Anaya
Publications
No abstract provided.
A Domestic Right Of Return?: Race, Rights, And Residency In New Orleans In The Aftermath Of Hurricane Katrina, Lolita Buckner Inniss
A Domestic Right Of Return?: Race, Rights, And Residency In New Orleans In The Aftermath Of Hurricane Katrina, Lolita Buckner Inniss
Publications
This article begins with a critical account of what occurred in the aftermath of Hurricane Katrina. This critique serves as the backdrop for a discussion of whether there are international laws or norms that give poor, black Katrina victims the right to return to and resettle in New Orleans. In framing this discussion, this article first briefly explores some of the housing deprivations suffered by Katrina survivors that have led to widespread displacement and dispossession. The article then discusses two of the chief barriers to the return of poor blacks to New Orleans: the broad perception of a race-crime nexus …
Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya
Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya
Publications
No abstract provided.
Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya
Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya
Publications
No abstract provided.
The Current State Of International Law, S. James Anaya
The Current State Of International Law, S. James Anaya
Publications
No abstract provided.
Indigenous Peoples' Rights To Water Under International Norms, David H. Getches
Indigenous Peoples' Rights To Water Under International Norms, David H. Getches
Publications
In this article, Dean Getches examines the nature of international law as it relates to indigenous water rights and evaluates the kinds of claims that native peoples might assert when they are deprived of access to water. Around the world, indigenous peoples have experienced depletion or pollution of their traditional water sources caused by the uses made by dominant, non-native societies. As a result, native peoples' ability to perform water-dependent vocations like farming and fishing, and to perpetuate cultures and spiritual practices requiring water is limited. While a few countries recognize water rights of indigenous peoples in their domestic laws, …
Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya
Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya
Publications
In this article renowned scholar S. James Anaya analyzes the divergent assessments of international law's treatment of indigenous peoples' demands to lands and natural resources. The author explores several strains of arguments that have been advanced within this debate, including state-centered arguments and human rights-based arguments. The author also examines the shortcomings of recurring interpretive approaches to international law that consider indigenous peoples' rights to land and resources. From this analysis the author identifies a more promising approach within the human rights framework--which he describes as a realist approach--that focuses on the confluence of values, power, and change. The author …
National Identity And Liberalism In International Law: Three Models, Justin Desautels-Stein
National Identity And Liberalism In International Law: Three Models, Justin Desautels-Stein
Publications
No abstract provided.
Indigenous Peoples’ Participatory Rights In Relation To Decisions About Natural Resource Extraction: The More Fundamental Issue Of What Rights Indigenous Peoples Have In Lands And Resources, James Anaya
Publications
No abstract provided.
Energy, Environment & Sustainable Development, Lakshman D. Guruswamy
Energy, Environment & Sustainable Development, Lakshman D. Guruswamy
Publications
No abstract provided.
Book Review, S. James Anaya
International Law At The Crossroads, Sompong Sucharitkul
International Law At The Crossroads, Sompong Sucharitkul
Publications
Appropriately enough, the current session is entitled "International Law at the Crossroads". As States are governed by international law, without exception, every precaution should be taken before the next move is to be made for the law to go ahead or forward at this juncture after having carefully looked to the left and to the right. The law could indeed be moving straight forward, continuing on the same path at the same pace it has been taking. Alternatively, it could take a tum, and there are more than one turning, to the left or to the right. Finally, international law …
International Human Rights And Indigenous Peoples: The Move Toward The Multicultural State, S. James Anaya
International Human Rights And Indigenous Peoples: The Move Toward The Multicultural State, S. James Anaya
Publications
No abstract provided.
Cartography Of Governance: An Introduction, Lakshman D. Guruswamy
Cartography Of Governance: An Introduction, Lakshman D. Guruswamy
Publications
No abstract provided.
The Annihilation Of Sea Turtles: Wto Intransigence And U.S. Equivocation, Lakshman Guruswamy
The Annihilation Of Sea Turtles: Wto Intransigence And U.S. Equivocation, Lakshman Guruswamy
Publications
No abstract provided.
Superpower Attitudes Toward Indigenous Peoples And Group Rights, S. James Anaya
Superpower Attitudes Toward Indigenous Peoples And Group Rights, S. James Anaya
Publications
No abstract provided.
Indigenous Peoples And International Law Issues, S. James Anaya
Indigenous Peoples And International Law Issues, S. James Anaya
Publications
No abstract provided.
International Law In The Nigerian Legal System, Christian N. Okeke
International Law In The Nigerian Legal System, Christian N. Okeke
Publications
The central argument of this paper is that the character of a nation's system of law is inextricably connected with its socio-economic, cultural, religious and political make-up. To understand the attitude of a nation towards other nations, one must not be ignorant of the laws through which that nation gives expression to its sense of justice and regulates its structure. Furthermore, one must bear in mind that each system of law has different concepts through which its law is expressed, language through which it is explained, categories by which it is organized, and legal rules which themselves embody the law …
Book Review, Lakshman D. Guruswamy
The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya
The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya
Publications
No abstract provided.
A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya
A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya
Publications
No abstract provided.
Integrated Environmental Control: The Expanding Matrix, Lakshman Guruswamy
Integrated Environmental Control: The Expanding Matrix, Lakshman Guruswamy
Publications
Professor Guruswamy addresses the configuration of forces creating global warming, and canvasses the action necessary to deal with this challenge. He identifies key reasons accounting for the failure of the United States to take adequate measures to control emissions of carbon dioxide at the national level, and for resisting international attempts to do so. Guruswamy argues that the problem of global warming should be dealt with within the framework of Integrated Environmental Control (IEC)--a radical approach to pollution prevention and modification of product demand. He reasons that by encompassing energy policy within the matrix of pollution control, IEC will promote …
Indigenous Rights Norms In Contemporary International Law, S. James Anaya
Indigenous Rights Norms In Contemporary International Law, S. James Anaya
Publications
No abstract provided.
Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy
Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy
Publications
No abstract provided.
The Capacity Of International Law To Advance Ethnic Or Nationality Rights Claims, S. James Anaya
The Capacity Of International Law To Advance Ethnic Or Nationality Rights Claims, S. James Anaya
Publications
No abstract provided.
Indian Consent To American Government, Richard B. Collins
Indian Consent To American Government, Richard B. Collins
Publications
No abstract provided.
Weather Modification: Law And Administration, James N. Corbridge Jr., Raphael J. Moses
Weather Modification: Law And Administration, James N. Corbridge Jr., Raphael J. Moses
Publications
No abstract provided.