Law Commons^™

Targeted Sanctions: Resolving The International Due Process Dilemma, Jack Garvey

Jack I Garvey

The Emerging Restrictions On Sovereign Immunity: Peremptory Norms Of International Law, The U.N. Charter, And The Application Of Modern Communications Theory, Winston Nagan, Joshua Root

Winston P Nagan

The article provides a fresh re-examination of the conceptual foundations of the sovereign immunity doctrine in the light of the changing character of sovereignty itself. This is done in the context of the changing expectations in international law generated by the UN Charter, and the development of human rights and humanitarian law. The article applies the innovative communications theories generated by the New Haven School to provide a more realistic and relevant approach to the issue of international law-making in this area. The article provides an overview of the emergence of changed expectations relating to the restrictions on the scope …

The International Legal System: Cases And Materials. 6th Edition,, Mary Ellen O'Connell, Richard Scott, Naomi Roht-Arriaza

Naomi Roht-Arriaza

No abstract provided.

Why International Law Favors Emigration Over Immigration, Thomas Kleven

Thomas Kleven

No abstract provided.

International Law And The Use Of Force: Cases And Materials, Mary Ellen O'Connell

Mary Ellen O'Connell

This casebook may get more attention today than ever before in its history. From the Russian invasion of Georgia to the on-going detentions at Guantanamo Bay, the use of suicide bombs, to the workings of the United Nations Security Council in a crisis like Darfur, some of the most pressing legal issues of the day are found in this branch of international law. The book: Brings together cases and materials on both the law governing the resort to armed force (jus ad bellum) and the law governing the conduct of force (jus in bello) Provides a dynamic introduction for students, …

The International Legal System: Documentary Supplement, Mary Ellen O'Connell, Jonathan Charney, Donald Anton

Mary Ellen O'Connell

Documentary Supplement to the International Legal System contains most of the multilateral conventions and United Nations declarations, resolutions, etc. that comprise the modern body of "international legislation" in the general fields of public international law, including international criminal law, and international organizations. The collection could be used as an adjunct to any course or seminar in those fields even if not used in conjunction with the basic casebook.

Politics, Values And Functions: International Law In The 21st Century: Essays In Honor Of Professor Louis Henkin, Mary Ellen O'Connell, Jonathan Charney, Donald Anton

Mary Ellen O'Connell

The editors and contributors have formed this collection to honour Louis Henkin in his 80th year. He has contributed greatly to the fields of international and constitutional law, to teaching and scholarship, to the international community and to each of the contributors and editors personally. The work sets out to highlight the impact of Henkin's contribution to international and constitutional scholarship.

International Dispute Resolution: Cases And Materials, Mary Ellen O'Connell

Mary Ellen O'Connell

Twenty-first century lawyers practice law in a global village. They represent clients in negotiations for oil concession leases. They attend international treaty negotiations on behalf of sovereign states and environmental NGOs. They act as mediators in international child custody disputes and arbitrators for title to artworks displaced in war. They search the world for the right forum to bring claims for human rights violations, piracy prosecutions, and intellectual property protection. The successful 21st century lawyer is prepared to practice international dispute resolution, and this book is designed to assist in that preparation. It is a comprehensive treatment of the full …

The International Legal System: Cases And Materials. 6th Edition,, Mary Ellen O'Connell, Richard Scott, Naomi Roht-Arriaza

Mary Ellen O'Connell

No abstract provided.

International Law And The Use Of Force, Mary Ellen O'Connell

Mary Ellen O'Connell

This casebook may get more attention today than ever before in its history. From the Russian invasion of Georgia to the on-going detentions at Guantanamo Bay, the use of suicide bombs, to the workings of the United Nations Security Council in a crisis like Darfur, some of the most pressing legal issues of the day are found in this branch of international law. The book: Brings together cases and materials on both the law governing the resort to armed force (jus ad bellum) and the law governing the conduct of force (jus in bello) Provides a dynamic introduction for students, …

State Practice As Metaphor: A Reconciliation Approach, Patrick Kelly

Patrick Kelly

State practice as metaphor is a broader idea than the empirical role of state practice in the formation of custom. State practice as used in this journal is a metaphor for all the methods and processes to increase the democratic legitimacy of international norms including not only the practices of states, but also other forms of representation by which citizens express their views. Increasingly norms are articulated and influenced by non-governmental organizations, private standard setting groups, quasi-public entities such as the Inter-Parliamentary Union and transgovernmental organizations such as the Basle Committee on Banking Supervision. With the advent of the internet, …

The Tattered Tapestry Of International Law, William Aceves

William Aceves

No abstract provided.

Institutionalist Theory And International Legal Scholarship, William Aceves

William Aceves

No abstract provided.

The World’S Youngest Political Prisoner, Richard Klein

Richard Daniel Klein

Every participant at an international human rights conference in June 1998 received a small pamphlet published by Tibetan supporters of Tibetan Buddhism's highest-ranking figure, the Dalai Lama. Entitled "The World's Youngest Political Prisoner," the pamphlet makes a plea for support for a young boy, now nine years old, who the Chinese government has allegedly kidnapped and detained. The Dalai Lama, who has been living in exile for forty years, claims the boy is the eleventh reincarnation of the Panchen Lama, the second holiest individual in Tibetan Buddhism. This battle over the identification of the reincarnation of a holy man is …

Us Intelligence Assets In Mexico Reportedly Tied To Murdered Dea Agent, Jimmy Gurule

Jimmy Gurule

Jimmy Gurule’ was quoted in the FoxNews story US intelligence assets in Mexico reportedly tied to murdered DEA agent By William La Jeunesse, Lee Ross "I think the American people, at least, owe him for the sacrifice that he made to ensure that the people that took his life, that subjected him to torture over a three day period of time are held accountable and brought to justice, says Jimmy Gurule’, the former Assistant U.S. Attorney in Los Angeles. "I'm deeply disappointed about a lot of things," Gurule’ told Fox News. "But we're talking about the release of the murderer …

Global Warming Trend? The Creeping Indulgence Of Fair Use In International Copyright Law, Richard Peltz-Steele

Richard J. Peltz-Steele

In her article Toward an International Fair Use Doctrine in 2000, Professor Ruth Okediji hypothesized that the internationalization of copyright law would threaten the freedom of expression if some doctrine akin to U.S. “fair use” were not established as an international legal norm. Acknowledging the central concern of the Okediji article, this paper analyzes research and legal developments since that article to determine how the present state of the “fair use” concept in international copyright law differs from its state in 2000. The paper concludes that in the last eight years, though there has been no formal adoption of an …

“Germans Are The Lords And Poles Are The Servants”: The Trial Of Arthur Greiser In Poland, 1946, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Towards A Global Parliament, Andrew Strauss

Andrew L. Strauss

No abstract provided.

From Politics To Law, To Tedium, And Back, Mark Drumbl

Mark A. Drumbl

No abstract provided.

In Search Of A Forum For The Families Of The Guantanamo Disappeared, Peter Honigsberg

Peter J Honigsberg

The United States government has committed grave human rights violations by disappearing people during the past decade into the detention camps in Guantanamo Bay, Cuba. And for nearly thirty years, beginning with a 1983 decision from a case arising in Uruguay, there has been a well-developed body of international law establishing that parents, wives and children of the disappeared suffer torture, or cruel, inhuman or degrading treatment (CID).

This paper argues that the rights of family members were severely violated when their loved ones were disappeared into Guantanamo. Family members of men disappeared by the United States have legitimate claims …

The Future Of International Criminal Law And Transitional Justice,, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Economic Approaches To Global Regulation: Expanding The International Law And Economics Paradigm, Dan Danielsen

Dan Danielsen

The recent economic crisis has demonstrated with startling clarity the importance of developing a more robust framework for assessing the effects of national rules on global welfare. For more than fifty years, law and economics scholars have examined the effects of domestic legal rules on economic activity and general welfare in the United States. More recently, international law scholars have begun to use economic methods to analyze the international legal order. In this article I survey this evolving body of “international law and economics scholarship” with a view to articulating its principle methodological innovations as well as assessing its contributions …

The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith

Beverly McQueary Smith

No abstract provided.

The Many Functions Of International Legal Conceps, Ulf Linderfalk

Ulf Linderfalk

According to the ontological stance adopted in this essay, a concept is a mental representation. It is the generalized idea of an empirical or normative phenomenon or state of affairs or a class of such phenomena or state of affairs. This essay is concerned with a specific category of concepts typically referred to as “concepts of international or international law” or “international legal concepts.” International legal concepts figure prominently in the way international lawyers think and talk about international law. This raises questions about their possible function or functions. Arguably, international legal concepts would not be used on such a …

Considering Global Democracy: An Introduction To The Symposium: Envisioning A More Democratic Global System, Andrew L. Strauss

Andrew L. Strauss

No abstract provided.

Transboundary Harm In International Law: Lessons From The Trail Smelter Arbitration, Russell Miller, Rebecca Bratspies

Russell A. Miller

No abstract provided.

Taking Democracy Global: Assessing The Benefits And Challenges Of A Global Parliamentary Assembly, Andrew Strauss

Andrew L. Strauss

No abstract provided.

Advocates Should Use Applicable International Standards To Address Violations Of Undocumented Migrant Workers In The United States, Connie De La Vega, Conchita Lozano-Batista

Connie de la Vega

This article seeks to provide migrant rights advocates with international legal arguments that can be used to address domestic human rights abuses when domestic law is inadequate and in violation of U.S. treaty obligations. It discusses applicable international law and suggests how these standards may be used to protect migrant workers. The article: describes the working conditions of undocumented migrants in the United States, highlighting recent violations of their human rights. It discusses Hoffman Plastics Compounds, Inc. v. National Labor Relations Board, 535 U.S. 137 (2002), which limited the rights of undocumented workers, and its aftermath and in which there …

People Want A Say, Next, A Global Parliament, Andrew Strauss, Richard Falk

Andrew L. Strauss

No abstract provided.

Amici Curiae Urge The U.S. Supreme Court To Consider International Human Rights Law In Juvenile Death Penalty Case, Connie De La Vega

Connie de la Vega

This article is an adaptation of an amici curiae brief filed in support of the petition for writ of certiorari in Beazley v. Johnson, 242 F.3d 248 (5th Cir. 2001), cert. denied, 534 U.S. 945 (2001), application of stay of execution denied, 533 U.S. 969 (2001). It asserts that the prohibition against the execution of persons who were under eighteen years of age at the commission of the crime is not only customary international law, it has attained the status of a jus cogens peremptory norm of international law which must be taken into account by the court. It also …