Law Commons^™

For Women, A Court Of Last Appeal, Saumya Uma

Dr. Saumya Uma

Law And Politics Of Rights: Who Decides The Conditions For Trade Preferences? Institutional Choice In The General System Of Preferences Case, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma

Saumya Uma

This publication contains a detailed report of each session of the 1st National Consultation on the ICC & India, held in Delhi on 8-9 December 2005.

"Anticipatory Self-Defense" And Other Stories, Jeanne M. Woods, James M. Donovan

James M. Donovan

We argue that the specious justification for the invasion of Iraq -- a war based on a pretext of anticipatory self-defense -- necessarily exacerbates the inherent tendency of war to dehumanize and humiliate the enemy. This tendency is particularly evident in the variant of anticipatory self-defense that we have denominated as "capacity preemption," a type of claim that by definition depends upon characterizations of the opponent as utterly inhuman.

The Bush Doctrine tells a timeless story of self-defense. This story is shaped by an identifiable and predictable narrative structure, one that is able to transform the morally outrageous -- an …

The Teleology Of International Investment Law, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

The article looks into the purpose of the international investment agreements and the role that has into the interpretation of those instruments.

The Hague Convention On Choice Of Court Agreements, Antonin I. Pribetic

Antonin I. Pribetic

The Hague Choice of Court Convention, concluded on June 30th, 2005, represents a significant step forward towards improved harmonization of international trade law by providing greater certainty and predictability for parties involved in business-to-business (B2B) agreements and transnational litigation. The Hague Choice of Court Convention offers a viable alternative to arbitration as a method of transnational dispute resolution. At a minimum, functional reciprocity between Contracting States is more likely to be achieved through this multilateral treaty, which codifies the private international law principles of comity, good faith and order and fairness, espoused by most common law courts, including the Supreme …

Use Of Copyright Content On The Internet: Considerations On Excludability And Collective Licensing, Daniel J. Gervais

Daniel J Gervais

The Internet has been a catalyst for problems latent within the copyright system. Fundamentally, the question is to determine under what circumstances should a copyright holder have a right to exclude others from using her copyright work on the Internet? This is the topic of this chapter. The underlying hypothesis is that policy analysis concerning copyright has shifted because it is now facing a number of formidable opponents, in most cases for the first time on that scale. Those opponents are other rights, including privacy. Copyright is not or no longer a closed system with exceptions looping back to a …

Brave New World: U.S. Responses To The Rise In International Crime--An Overview (Symposium)., John Murphy

John F. Murphy

No abstract provided.

Legal Borrowing Is A Two-Way Street, Frank Garcia

Frank J. Garcia

No abstract provided.

The Two Faces Of Intercountry Adoption: The Significance Of The Indian Adoption Scandals, David M. Smolin

David M. Smolin

This article summarizes international law, and the law of India and the United States, relevant to intercountry adoption. The article then presents extensive information and analysis of a major series of adoption scandals in Andhra Pradesh, India. The article uses this analysis of law and a major series of adoption scandals to present the "two sides of intercountry adoption:" positively, as a humanitarian act, and negatively as a form of child trafficking. The weaknesses and vulnerabilities of the intercountry adoption system that led to the Indian adoption scandals are extensively analyzed.

Intercountry Adoption As Child Trafficking, David M. Smolin

David M. Smolin

This article analyzes when intercountry adoption constitutes a form of child trafficking, particularly under international law. The article reviews relevant Treaties on the subjects of slavery and human trafficking, as well as analyzing the problem of money and adoption within the domestic (United States) adoption system.

The Laws Of War In The Pre-Dawn Light: Institutions And Obligations In Thucydides’ Peloponnesian War, Steve Sheppard

Steve Sheppard

This Essay, in honor of Oscar Schachter, discusses Thucydides’ account of the Peloponnesian War, not only glimpsing into the events surrounding the conflict but also considering how the sparring greek city-states understood and manifested laws of war. This article describes numerous customs, practices, and procedures including respect for truces, ambassadors, heralds, trophies, and various forms of neutrality the ancients adhered to during times of conflict. The greek city-states and their warriors recognized and enforced obligations concerning a city-state’s right to war (jus ad bellum) and conduct in war (jus in bello). While the ancients’ laws of war were always recorded …

Variations On Non-Nuclear: May The "Final Four" Join The Nuclear Nonproliferation Treaty As Non-Nuclear Weapons States While Retaining Their Nuclear Weapons?, David S. Jonas

David S. Jonas

No abstract provided.

The Role Of The Wto Director-General And Secretariat, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

Can Wto Technical Assistance And Capacity Building Serve Developing Countries?, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

Managed Mutual Recognition Regimes: Governance Without Global Government, Gregory C. Shaffer, Kalypson Nicolaidis

Gregory C Shaffer

No abstract provided.

Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

European human rights law and multilateral conventions have raised United States death penalty policy to an international level. Treaties and international institutions have impacted the extradition of capital offenders and influenced the development of human rights law within the United States. Refusal to extradite without assurances that the death penalty will not be imposed has continuing ramifications for the implementation of transnational counter-terrorism measures. Determining a contemporary standard of decency regarding cruel and unusual punishment, what shocks the public conscious, or what constitutes torture depends upon what societal parameters one uses. The Supreme Court's readiness to examine international developments in …

The Oil Platforms Case Before The International Court Of Justice: A Non-Case Of International Responsibility, Daphne Richemond-Barak, Prosper Weil

Daphne Richemond-Barak

No abstract provided.

The United Nations Compensation Commission For Claims Arising Out Of The 1991 Gulf War: The ‘Arising Prior To’ Decision, David D. Caron

David D. Caron

This article concerns the United Nations Compensation Commission, what came to be known as the “arising prior to” clause of United Nations Security Council Resolution 687 and the decision taken as to what that clause meant. In terms of effect on the docket of the Commission, probably no other decision had equal significance. It also is particularly noteworthy for its articulation of the proper method for interpretation of a Security Council resolution. Before examining the Panel’s decision and its application by the Commission, the article describes the establishment and working method of the Commission so that the reader may appreciate …

State Crimes: Looking At Municipal Experience With Organizational Crime, David D. Caron

David D. Caron

No abstract provided.

International Criminal Court & India: Responses To Queries Raised By Parliamentarians, Saumya Uma

Saumya Uma

This is a pocket-book consisting of queries raised by Parliamentarians at the first consultative meeting organized by ICC-India campaign / Women's Research & Action Group on the International Criminal Court (ICC), in August 2005, and written responses to the same. It is aimed at strengthening the information dissemination efforts on ICC with Indian Parliamentarians.

Paper Empires: The Legal Dimensions Of French And English Ventures In North America, Brian Slattery

Brian Slattery

No abstract provided.

New Globalization: Mediating The Role Of Mediation In Enforcing International Fair Labor Standards, Jason Wiener

Jason Wiener

No abstract provided.

The Seduction Of The Appellate Body: Shrimp/Sea Turtle I And Ii And The Proper Role Of States In Wto Governance, J. Kelly

Patrick Kelly

The Article proposes new interpretations of GATT Article XX to minimize the harmful effects of recent WTO jurisprudence that threaten to undermine the goals of the trading system and diminish the role of states in policymaking. In the Shrimp/Turtle cases the WTO's Appellate Body (AB) utilized an evolutionary methodology to interpret the conservation of exhaustible natural resources exception in Article XX(g) to permit the unilateral regulation by one country of how goods are produced (PPMs) in other countries. Such an expansive approach to interpretation permits wealthy nations with large markets to unilaterally impose their preferred environmental policies, and presumably other …

The Formless City Of Plato's Republic: How The Legal And Social Promotion Of Divorce And Same-Sex Marriage Contravenes The Principles And Undermines The Projects Of The Universal Declaration Of Human Rights, Scott Fitzgibbon

Scott T. FitzGibbon

In the Republic, Plato describes a stage in social decay called “formlessness,” where all sorts of differences are accepted and none is preferred. No one need hold office or obey. People are impatient with all the ties that ought to bind them. Plato's formess city displays three deplorable features. One is the denigration of law and custom. A second is ethical skepticism or nihilism. A third is the repudiation of duty. These features also characterize the divorce culture and the same-sex marriage movement. The Universal Declaration of Human Rights reflects a philosophy quite the reverse of Plato’s formless city. Its …

Biometrics In Seafarer’ Identity Documents, Cleopatra Doumbia-Henry

Cleopatra Doumbia-Henry

No abstract provided.