Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Columbia Law School (21)
- American University Washington College of Law (18)
- University of Colorado Law School (18)
- Case Western Reserve University School of Law (17)
- Georgetown University Law Center (15)
-
- Pace University (14)
- Cornell University Law School (12)
- Maurer School of Law: Indiana University (12)
- Duke Law (10)
- Florida International University College of Law (10)
- Boston University School of Law (9)
- Schulich School of Law, Dalhousie University (9)
- Seattle University School of Law (9)
- Touro University Jacob D. Fuchsberg Law Center (8)
- University of Baltimore Law (7)
- University of Maryland Francis King Carey School of Law (7)
- William & Mary Law School (7)
- Northwestern Pritzker School of Law (6)
- Florida A&M University College of Law (5)
- University of Michigan Law School (5)
- University of Nebraska - Lincoln (5)
- University of Pennsylvania Carey Law School (5)
- Liberty University (4)
- Notre Dame Law School (4)
- Saint Louis University School of Law (4)
- UIdaho Law (4)
- University of Pittsburgh School of Law (4)
- Cleveland State University (3)
- Loyola University Chicago, School of Law (3)
- New York Law School (3)
- Keyword
-
- International law (44)
- Human rights (23)
- International Law (16)
- Colorado River (12)
- United Nations (10)
-
- International Criminal Court (9)
- United States (9)
- Climate change (8)
- Terrorism (8)
- Arbitration (7)
- Arizona (7)
- Globalization (7)
- New Mexico (7)
- Water supply (7)
- California (6)
- Criminal law (6)
- Jurisdiction (6)
- Mexico (6)
- Stakeholders (6)
- Colorado River Basin (5)
- International criminal law (5)
- Lake Mead (5)
- Law (5)
- Nevada (5)
- Utah (5)
- Agriculture (4)
- Colorado (4)
- Constitutional law (4)
- Customary international law (4)
- Cybersecurity (4)
- Publication
-
- Faculty Scholarship (49)
- Faculty Publications (24)
- All Faculty Scholarship (17)
- War Crimes Memoranda (15)
- Articles in Law Reviews & Other Academic Journals (14)
-
- Articles (13)
- Georgetown Law Faculty Publications and Other Works (13)
- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (13)
- Articles by Maurer Faculty (11)
- Scholarly Works (10)
- Articles, Book Chapters, & Popular Press (9)
- Faculty Articles (9)
- Elisabeth Haub School of Law Faculty Publications (8)
- Publications (7)
- Cornell Law Faculty Publications (6)
- Faculty Working Papers (6)
- Journal Articles (6)
- Journal Publications (5)
- Pace International Law Review Online Companion (5)
- Space, Cyber, and Telecommunications Law Program: Faculty Publications (5)
- Cornell Law School Inter-University Graduate Student Conference Papers (4)
- Book Chapters (3)
- Columbia Center on Sustainable Investment Staff Publications (3)
- Faculty Journal Articles and Book Chapters (3)
- Faculty Publications & Other Works (3)
- Faculty Publications and Presentations (3)
- In Memoriam, Professor Hungdah Chiu (1936-2011) (3)
- Law Faculty Articles and Essays (3)
- All Faculty Publications (2)
- Articles & Chapters (2)
Articles 1 - 30 of 320
Full-Text Articles in Law
Targeting Co-Belligerents, Jens David Ohlin
Targeting Co-Belligerents, Jens David Ohlin
Cornell Law Faculty Working Papers
One of the central controversies of the targeted killing debate is the question of who can be targeted for a summary killing. The following chapter employs a novel normative framework: how to link an individual terrorist with a non-state group that threatens a nation-state. Six linking principles are catalogued and analyzed, including direct participation, co-belligerency, membership, control, complicity and conspiracy. The analysis produces counter-intuitive results, especially for civil libertarians who usually eschew status principles in favor of conduct principles. The concept of membership, a status concept central to international humanitarian law, is ideally suited to situations, like targeted killings, that …
Memo To The Sec On The Proposed Rule On Disclosure Of Payments By Resource Extraction Issuers, Perrine Toledano
Memo To The Sec On The Proposed Rule On Disclosure Of Payments By Resource Extraction Issuers, Perrine Toledano
Columbia Center on Sustainable Investment Staff Publications
CCSI strongly supports the transparency of contracts and tax flows. CCSI shares the belief of many stakeholders that transparency is essential to leverage extractive industries for sustainable development and is in the mutual interest of all stakeholders. However, some industry players continue to voice the concern that increased transparency would be harmful for their business. Therefore, CCSI is working to also establish the business case for transparency.
In one such case, some industry players have been lobbying against the regulations developed by the Security and Exchange Commission to implement the mandatory disclosure provisions of the Dodd Frank Wall Street Reform …
The Case Against An International Cyber Warfare Convention, Lawrence L. Muir Jr.
The Case Against An International Cyber Warfare Convention, Lawrence L. Muir Jr.
Scholarly Articles
None available.
The Principle Of Resilience, Lia Helena Monteiro De Lima Demange
The Principle Of Resilience, Lia Helena Monteiro De Lima Demange
Dissertations & Theses
This article departs from the observation of accentuated degradation of ecosystems worldwide to stress the urgency in changing the patterns of occupation of the land, production, consumption and the ecological and ethical goals of environmental conservation. Aiming to achieve these ends, this article proposes the acknowledgement of the principle of resilience in international environmental law. The principle of resilience is articulated herein based on the concept of ecological resilience; the values of land ethic; and the existing principles of international environmental law. Later, the article explains how the principle can be applied to adaptive governance; adaptive management; environmental impact …
German Vat Compliance - Moving One Step Closer To Automated Third-Party Solutions, Richard Thompson Ainsworth
German Vat Compliance - Moving One Step Closer To Automated Third-Party Solutions, Richard Thompson Ainsworth
Faculty Scholarship
Recent developments in German VAT compliance, notably (a) the imposition of criminal penalties for failing to immediately amend a preliminary return that is known to be in error [Bundesgerichtshof decision of March 17, 2009, No. BGH 1 StR 342/08], when considered in tandem with (b) amendments to the voluntary disclosure rules, Gesetz zur Vebesserung der Bekämpfung von Geldwäsche und Steuerhinterziehung, it is clear that the German VAT compliance landscape has changed dramatically in the past year.
Taken as a whole, the German rules strongly encourage internal audits, self-reviews, and immediate self-disclosures of errors in previously filed returns and taxes paid. …
Children At War: The Criminal Responsibility Of Child Soldiers, Megan Nobert
Children At War: The Criminal Responsibility Of Child Soldiers, Megan Nobert
Pace International Law Review Online Companion
The problem of child soldiers is not going to go away. While it may not be a popular solution, child soldiers need to be prosecuted for the actions they commit during conflicts in addition to the prosecution of child soldier recruiters. Without legal ramifications, there is no incentive for the child soldier recruiters to stop their actions. This article explores how both child soldiers and their recruiters can be prosecuted for actions committed during conflict.
Direct Concern In Regional Policy: The European Court Of Justice And The Southern Question, Daniela Caruso
Direct Concern In Regional Policy: The European Court Of Justice And The Southern Question, Daniela Caruso
Faculty Scholarship
For a few years, the European Court of Justice (ECJ) has declared inadmissible, for lack of direct concern, a number of annulment actions initiated by sub-state actors in the context of regional policy. This article compares the ECJ's holdings with the General Court's more generous application of the ‘direct concern’ standard in some of the same disputes, and argues in favour of the General Court's approach. The cases hereby analysed pertain to the implementation of structural funds in Southern Italy. Relating regional policy to the historical unfolding of the ‘Southern Question’, this article examines the unexpected opportunity for civic and …
Newsletter, Fall 2011, Vol. 6, Issue 1, The Dean Rusk International Law Center
Newsletter, Fall 2011, Vol. 6, Issue 1, The Dean Rusk International Law Center
Newsletters
Ambassador Delivers Keynote at International Trade Conference; Georgia Democratic Leader Speaks at Civil Rights Conference; International Outreach and Education; International Law Colloquium Series; Conferences & Lectures; Notable Speakers Visit Rusk Center; Conference Focuses on Nuclear Security and Non-Proliferation; The TRIPS Agreement - Then and Now; In Memoriam: Professor Gabriel M. Wilner, 1938-2010; Law School Alum Joins Rusk Center Staff; International Judicial Training Program Continues to Expand.
Cutting The Gordian Knot: How And Why The United Nations Should Vest The International Court Of Justice With Referral Jurisdiction, Andrew L. Strauss
Cutting The Gordian Knot: How And Why The United Nations Should Vest The International Court Of Justice With Referral Jurisdiction, Andrew L. Strauss
School of Law Faculty Publications
The International Court of Justice — the global system's oldest and most venerable tribunal — has failed to meet its full potential. This is in large measure due to the requirement that the Court may only assert jurisdiction over states with their consent, which is often withheld. To help correct for this failure, this article proposes that the Court be given a referral jurisdiction. Referral jurisdiction would empower the Court to issue advisory opinions on interstate disputes without the requirement of state consent. Standing in the way of nonconsent-based jurisdiction, however, is the problem of the Gordian Knot: The world's …
Through The Looking Glass: Understanding Social Science Norms For Analyzing International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins
Through The Looking Glass: Understanding Social Science Norms For Analyzing International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins
Articles in Law Reviews & Other Academic Journals
When social science methods are being employed in a new context — such as the assessment of international investment law — there is value in exploring the underlying assumptions and normative baselines of the enterprise. This article and response address critiques about the methodology of an article in the Harvard International Law Journal by: (1) describing the value of social science in international investment law; (2) replicating the research using new methodologies to conduct more than 20 new tests that were still unable to ascertain the existence of a reliable relationship between development status and outcomes on the basis of …
International Arbitration And The Republic Of Colombia: Commercial, Comparative And Constitutional Concerns From A U.S. Perspective, S. I. Strong
Faculty Publications
This article undertakes the first comparative analysis of Colombian arbitration law in English, setting Colombian statutory and case law side by side with international and U.S. law to provide U.S. parties with the information they need to (1) evaluate the risks and benefits associated with entering into an arbitration agreement with a Colombian party and (2) establish the kinds of procedures needed to provide optimal protection of the arbitral process and any resulting award. Not only does this research discuss important comparative and commercial matters, it also considers how a unique type of constitutional challenge - the acción de tutela …
Migrant Smuggling: Canada's Response To A Global Criminal Enterprise: With An Assessment Of The Preventing Human Smugglers From Abusing Canada's Immigration System Act (Bill C-4), Benjamin Perrin
All Faculty Publications
Migrant smuggling is a dangerous, sometimes deadly, criminal activity which cannot be rationalized, justified, or excused. From both a supply and demand side, failing to respond effectively to migrant smuggling and deter it will risk emboldening those who engage in this illicit enterprise, which generates proceeds for organized crime and criminal networks, funds terrorism and facilitates clandestine terrorist travel; endangers the lives and safety of smuggled migrants, undermines border security, with consequences for the Canada/U.S. border, and undermines the integrity and fairness of Canada’s mmigration system. Introduced in Parliament in June, 2011, the Preventing Human Smugglers from Abusing Canada’s Immigration …
Samantar, Official Immunity And Federal Common Law, Peter B. Rutledge
Samantar, Official Immunity And Federal Common Law, Peter B. Rutledge
Scholarly Works
This essay examines the theoretical underpinnings of the immunity of foreign government officials following the Supreme Court's recent decision in Samantar. Part of a forthcoming symposium with the Lewis and Clark Law Review, the paper tackles the federal common law in the Court's decision and, more broadly, international civil litigation. It criticizes the Court's unexamined assumption that its federal common law power extended to create an immunity that, at best, coexists only uncomfortably alongside the legislative framework of the FSIA. It explains the problematic implications of this assertion of federal common law, both for suits against foreign officials and for …
Robel: Preparing For Seamlessly Global Profession, Lauren K. Robel
Robel: Preparing For Seamlessly Global Profession, Lauren K. Robel
Lauren Robel (2002 Acting; 2003-2011)
No abstract provided.
Making Fiction Of Facts In The Israeli Spy Case, Kenneth Lasson, Angelo Codevilla, Lawrence J. Korb, John Loftus
Making Fiction Of Facts In The Israeli Spy Case, Kenneth Lasson, Angelo Codevilla, Lawrence J. Korb, John Loftus
All Faculty Scholarship
The authors make the case that Jonathan Pollard, the man convicted of spying for Israel, is again being condemned by new allegations by Martin Peretz in a New Republic article, and by retired Navy Capt. M. E. Bowman. The authors of these new assertions may not know more of the particulars than others in high places who have already publicly supported commuting Pollard's sentence to time served.
Keeping It Legal: Transboundary Management Challenges Facing Brazil And The Guarani, David N. Cassuto
Keeping It Legal: Transboundary Management Challenges Facing Brazil And The Guarani, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
This paper examines the legal and ecological problems facing the Guarani Aquifer System. Because the majority of the Guarani Aquifer System underlies Brazil, the Brazilian legal regime forms the paper’s principal focus. The importance of the region makes the need for accurate information crucial. Yet relying on such information to manage a complex resource presents risks. Too often, the role of uncertainty in regulating is underplayed. Increasing knowledge over the resource demands categorizing “hard” and “soft” uncertainties, especially those presented by climate change. In addition, regulators must acknowledge the unitary nature of the aquifer while remaining sensitive to differing national …
The Us Veto Over Palestine's Un Membership, Timothy W. Waters
The Us Veto Over Palestine's Un Membership, Timothy W. Waters
Articles by Maurer Faculty
While the United Nations is in debate over Palestinians’ request for UN membership, the US has already announced their decision to veto. But the over two thirds of Americans who are neither Jewish nor Evangelical should consider saying yes. It may not solve every problem but it could increase the prospects for successful negotiations between Palestine and Israel.
No More 'Sha Still', Kenneth Lasson
No More 'Sha Still', Kenneth Lasson
All Faculty Scholarship
This op-ed laments the consequences of staying quiet in light of recent national and international events. It takes President Obama to task for blaming Israel for lack of progress in Middle East peace negotiations, as well as Congress for its ineptitude during the recent national debt ceiling negotiations.
Failure Of The Current Anti-Corruption Strategy In Afghanistan, Hugh Barrett Mcclean
Failure Of The Current Anti-Corruption Strategy In Afghanistan, Hugh Barrett Mcclean
All Faculty Scholarship
Corruption has come to the forefront in Afghanistan as the United States tries to balance efforts to back anti-corruption strategies while maintaining a positive relationship with the Karzai government. Stalled corruption cases suggest corruption in Afghanistan is systemic and not limited to a particular governing body or official. It is clear that corruption exists in both the upper and lower echelons of Afghan society, and will continue to exist until the U.S.-backed anti-corruption teams are accepted by the Afghan government. The strengthening of key institutions continues to be the recommended international model. As demonstrated in the United States, the integration …
Wider Role For Our Miners In Africa, Lisa E. Sachs, Joel Negin, Glenn Denning
Wider Role For Our Miners In Africa, Lisa E. Sachs, Joel Negin, Glenn Denning
Columbia Center on Sustainable Investment Staff Publications
The Australian government is rapidly increasing aid to Africa. But the real story about the country's engagement in Africa is the massive investment by Australian companies in extractive industries.
More than 150 Australian resource companies are active in more than 40 African countries with a total investment greater than $20 billion, including in coal in Mozambique, copper and uranium in Zambia, gold in Eritrea and uranium in Malawi.
The Forms Of International Law, Joseph W. Dellapenna
The Forms Of International Law, Joseph W. Dellapenna
Working Paper Series
For those who are not familiar with international law, just what it is or how it operates is often a puzzle. Some will doubt whether there even is such a thing, or, as it is often put, whether international law really is law. To answer this question, one must consider the forms that international law takes and how it functions. This analysis begins with a consideration of how law works in general and then proceeds to examine international law to consider how it resembles and how it differs from the law most people—lawyers and non-lawyers alike—are familiar with. Much international …
Who’S Pandemic Influenza Preparedness Framework: A Milestone In Global Governance For Health, Lawrence O. Gostin, David P. Fidler
Who’S Pandemic Influenza Preparedness Framework: A Milestone In Global Governance For Health, Lawrence O. Gostin, David P. Fidler
Georgetown Law Faculty Publications and Other Works
In May 2008, the World Health Organization (WHO) adopted the Pandemic Influenza Preparedness Framework for the Sharing of Influenza Viruses and Access to Vaccines and Other Benefits (PIP Framework). The PIP Framework’s adoption ended years of difficult negotiations, which began after Indonesia refused to share samples of avian influenza A (H5N1) with WHO in late 2006. Indonesia justified its actions on the need to create more equitable access for developing countries to benefits, such as vaccines and antivirals, derived from research and development on shared influenza virus samples. The global health community feared that failure to share influenza virus samples …
Reciprocal Comity, Edward J. Janger
Georgia Journal Of International And Comparative Law Editorial Board, 2011-2012, Georgia Journal Of International And Comparative Law
Georgia Journal Of International And Comparative Law Editorial Board, 2011-2012, Georgia Journal Of International And Comparative Law
Materials from All Student Organizations
No abstract provided.
Stolen Art, Looted Antiquities, And The Insurable Interest Requirement, Robert L. Tucker
Stolen Art, Looted Antiquities, And The Insurable Interest Requirement, Robert L. Tucker
Akron Law Faculty Publications
Trafficking in stolen art and looted antiquities is a multi-billion dollar enterprise. Stolen art and looted antiquities are ultimately sold to museums or private collectors. Sometimes the purchasers acquire them in good faith. But other times, the purchasers know, suspect, or willfully blind themselves to the possibility that the piece was stolen or illegally excavated and exported up the chain of title.
This problem is compounded by customs and course of dealing in the art and antiquities trade. Dealers generally decline to provide meaningful information to prospective purchasers about the provenance of a piece, and sophisticated purchasers customarily acquiesce in …
Taking International Law At Its Word And Its Spirit: Re-Envisioning Responsibility To Protect As A Binding Principle Of International Law, Tessa R. Davis
Taking International Law At Its Word And Its Spirit: Re-Envisioning Responsibility To Protect As A Binding Principle Of International Law, Tessa R. Davis
Faculty Publications
No abstract provided.
The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan D. Franck
The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan D. Franck
Scholarly Articles
The legitimacy of the World Bank's dispute resolution body - The International Centre for the Settlement of Investment Disputes (ICSID) - is a matter of heated debate. Some states have alleged that ICSID is biased, withdrawn from the ICSID Convention, and advocated creating alternative arbitration systems. Using pre-2007 archival data of the population of then- known arbitration awards, this Article quantitatively assesses whether ICSID arbitration awards were substantially different from arbitration awards rendered in other forums. The Article examines variation in the amounts claimed and outcomes reached to evaluate indicators of bias. The results indicated that there was no reliable …
Slides: Who Should Be At The Table, And What Should They Be Talking About?, Robert W. Adler
Slides: Who Should Be At The Table, And What Should They Be Talking About?, Robert W. Adler
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
Presenter: Robert W. Adler, James I. Farr Chair in Law, University of Utah, S.J. Quinney College of Law
9 slides
Slides: Risk Management Strategies Of The Upper Basin: Addressing Potential Shortages, Eric Kuhn
Slides: Risk Management Strategies Of The Upper Basin: Addressing Potential Shortages, Eric Kuhn
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
Presenter: Eric Kuhn, Colorado River Water Conservation District
15 slides
Slides: Smart Fallowing: New Strategies In Ag Forbearance, Bonnie Colby
Slides: Smart Fallowing: New Strategies In Ag Forbearance, Bonnie Colby
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
Presenter: Dr. Bonnie Colby, Department of Agriculture & Resource Economics, University of Arizona
34 slides