Law Commons^™

Wto Reform: Multilateral Control Over Unilateral Retaliation - Lessons From The Us-China Trade War, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.

Forced Technology Transfer And The Us-China Trade War: Implications For International Economic Law, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.

The Dual Lives Of The Emerging Right To Democratic Governance, Gregory H. Fox, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

The Contributions Of United Nations Security Council Resolutions To The Law Of Non-International Armed Conflict: New Evidence Of Customary International Law, Gregory H. Fox, Isaac Jenkins, Kristen E. Boon

Law Faculty Research Publications

No abstract provided.

The Contributions Of United Nations Security Council Resolutions To The Law Of Non-International Armed Conflict: New Evidence Of Customary International Law, Gregory H. Fox, Kristen Boon

Law Faculty Research Publications

No abstract provided.

The Dual Lives Of The Emerging Right To Democratic Governance, Gregory H. Fox, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

The Virtues Of Bright Lines: Self-Determination, Secession, And External Intervention, Brad R. Roth

Law Faculty Research Publications

The United Nations Charter-based international order sought to reconcile the selfdetermination of peoples with the inviolability of state boundaries by presuming sovereign states to be manifestations of the self-determination of the entirety of their territorial populations. This presumption, albeit notionally rebuttable, traditionally prevailed even where states could only by a feat of ideological imagination be characterized as "possessed of a government representing the whole people belonging to the territory without distinction." But the international reaction to fragmentation in the former Yugoslaviaregarding both the initial "dissolution" and the subsequent struggle over Kosovo-called into question the rigid doctrines of the past and …

The Conundrum Of Wto Accession Protocols: In Search Of Legality And Legitimacy, Julia Ya Qin

Law Faculty Research Publications

Accession to the World Trade Organization differs from that of other international organizations in one major aspect: the WTO may prescribe more stringent rules for acceded members, depending on the result of individual accession negotiations. These country-specific rules are set out in the protocols of accession and now form a significant part of WTO law. However, questions concerning the legality and legitimacy of such rules remain to be answered. The accession protocols effectively modify the provisions of the WTO multilateral trade agreements, but the legal basis for so doing has never been properly explained and the relationship between the accession …

Just Outcomes, Overreaching Rationales: How International Criminal Law's Achievements Augur Flawed Responses To Political Violence, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

Hollow Spaces, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.

Reforming Wto Discipline On Export Duties: Sovereignty Over Natural Resources, Economic Development And Environmental Protection, Julia Ya Qin

Law Faculty Research Publications

The current World Trade Organization (WTO) regime on export restraints comprises two extremes: at one end is the near-complete freedom to levy export duties enjoyed by most Members, which renders theWTO discipline on export restrictions largely ineffective; at the other end, the rigid obligations imposed on several acceding Members prohibiting the use of export duties for any purpose.The recent WTO ruling in China-Raw Materials has only solidified the latter extreme. This article seeks to expose the irrationality of the current regime, especially the problems created by the rigid obligations of the several acceding Members. It contends that such obligations deprive …

Secessions, Coups, And The International Rule Of Law: Assessing The Decline Of The Effective Control Doctrine, Brad R. Roth

Law Faculty Research Publications

Attempted secessions (for example, Kosovo and Somaliland) and coups d'état (for example, Madagascar and Honduras in 2009) prompt contestation over whether or not legal status is to be conferred on local exercises of de facto authority. International legal standing has traditionally been established by victory in a trial by ordeal: a region initially integral to an existing state successfully establishes itself as an independent sovereign unit only where its secession movement creates - usually by decisive victory in an armed struggle -facts on the ground that appear irreversible; an insurgent faction successfully establishes itself as a government where it overthrows …

The Challenge Of Interpreting 'Wto-Plus' Provisions, Julia Ya Qin

Law Faculty Research Publications

This paper seeks to address special interpretive issues raised by the China Accession Protocol, focusing on provisions that prescribe more stringent rules for China than generally applicable WTO disciplines. These ‘WTO-plus’ provisions have already been involved in several WTO disputes. In the light of these disputes, the paper analyzes the interpretive challenge presented by the Protocol and suggests that, to meet the challenge, WTO adjudicators need to embrace a more holistic and systemic interpretive approach. The paper then proposes three working principles that may help to interpret the WTO-plus provisions of the Protocol in a coherent and systematic manner.

The Centennial Of The Boundary Waters Treaty: A Century Of United States-Canadian Transboundary Water Management, Noah D. Hall

Law Faculty Research Publications

No abstract provided.

The Evolving Role Of Citizens In United States-Canadian International Environmental Law Compliance, Noah D. Hall

Law Faculty Research Publications

Citizen participation is critical in environmental law compliance. While citizens often have a major role in advancing compliance with domestic environmental law, citizens have historically had a much more limited role in international environmental law. However, a new model is emerging in North America. The role of citizens in United States-Canadian international environmental law compliance has expanded greatly over the past several decades. Beginning in the 1970s with increased public participation in binational governance agreements and expanding in the past two decades to formal roles in monitoring implementation of international environmental agreements, citizen participation is now central to the United …

Nunca Mas Or Deja Vu, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.

Internationalizing National Politics: Lessons For International Organizations, Gregory H. Fox

Law Faculty Research Publications

No abstract provided.

Transboundary Pollution: Harmonizing International And Domestic Law, Noah D. Hall

Law Faculty Research Publications

Addressing transnational pollution requires both international and domestic law. Transnational pollution is an international problem that demands and deserves the attention of international legal mechanisms such as treaties, agreements, arbitration, and international management and governance. At the same time, transnational pollution problems can often be addressed more effectively and efficiently through the domestic legal system. An ideal approach is to harmonize transnational pollution management and dispute resolution under international and domestic law. This Article seeks to provide pragmatic, feasible, and politically realistic solutions to transnational pollution by harmonizing international and domestic law. However, given the diversity in geography, domestic legal …

Why The Ftc Notes Of Interpretation Constitute A Partial Amendment Of Nafta Article 1105, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.

Law Beyond Borders: Jurisdiction In An Era Of Globalization, Introduction To The Symposium, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Retrospective Justice Or Retroactive Standards? Human Rights As A Sword In The East German Leaders Case, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

Enron, Epistemology, And Accountability: Regulating In A Global Economy, Erica Beecher-Monas

Law Faculty Research Publications

No abstract provided.

"Wto-Plus" Obligations And Their Implications For The Wto Legal System: An Appraisal Of The China Accession Protocol, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.

Nafta’S Investment Chapter: Initial Thoughts About Second-Generation Rights, Charles Hendrickson Brower Ii

Law Faculty Research Publications

In this Article Professor Brower argues that most observers of NAFTA's investment chapter have missed an important and surprising development: Although the treaty's text shares a philosophical affinity with civil and political rights, its application has revealed an astonishing level of support for economic and social rights (ESCRs) in North America. Professor Brower examines the practical implications of this development both for the presentation of claims in investor-state arbitration and for the better integration of ESCRs into the mainstream of international law.

International Immunities: Some Dissident Views On The Role Of Municipal Courts, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.

Panel: The International Criminal Court: Contemporary Perspectives And Prospects For Ratification, Ruti Teitel, Roy Lee, William K. Lietzau, George Fletcher, Richard Dicker, Paul Dubinsky

Law Faculty Research Publications

No abstract provided.

Election Monitoring: The International Legal Setting, Gregory H. Fox

Law Faculty Research Publications

No abstract provided.

Book Review: Lillich & Magraw Eds., The Iran-United States Claims Tribunal: Its Contribution To The Law Of State Responsibility, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.

The Taming Of The Shrew: May The Act Of State Doctrine And The Foreign Sovereign Immunity Act Eat And Drink As Friends?, Marianne D. Short, Chalres H. Brower Ii

Law Faculty Research Publications

No abstract provided.

Intolerant Democracies, Gregory H. Fox, Georg Nolte

Law Faculty Research Publications

International law is increasingly concerned with national transitions to democratic government. The holding of free and fair elections alone, however, provides no guarantee that a democratic system will become firmly established and capable of resisting challenges by anti-democratic actors. The question thus arises of how intolerant a democracy may become toward such actors in order to preserve itself without relinquishing the claim of being democratic. This problem has arisen on a number of occasions, perhaps the most dramatically upon the cancellation of the second round of the Algerian elections in early 1992.

This Article explores the legal issues raised by …