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Full-Text Articles in Law
The Case For Self-Determination, Guyora Binder
The Case For Self-Determination, Guyora Binder
Journal Articles
This lecture offers an analysis and defense of the right of self-determination of peoples. The argument begins by analyzing self-determination into its universalist and nationalist components. The universalist component of self-determination is satisfied wherever institutions of government are majoritarian. The nationalist component of self-determination is satisfied to the extent that institutions of government are identified with particular communities. The universalist compoent is now widely recognized as an authoritative principle of international law. The nationalist component remains controversial, particularly outside of the particular context of the dismantling of European colonial empires. The lecture proceeds to defend the nationalist component by attacking …
The International Law Of The Environment From The U.S. Perspective: A Case Study: The U.S. And Mexico, Robert Summers
The International Law Of The Environment From The U.S. Perspective: A Case Study: The U.S. And Mexico, Robert Summers
Faculty Articles
The subject of public international law is vast, rich and varied, thus offering the potential to explore many interrelated topics ranging from the lofty philosophical precepts of positivist and naturalist thought to the technical intricacies of international business transactions. Many of these topics are also historically relevant to the long and often inclement history of Mexican-U.S. relations. These include the law of war, peace and neutrality, self-determination, territory, recognition, and diplomatic and consular privileges and immunities. Regrettably, the allotment of time and space for the subject of public international law in the Joint Venture Program does not allow discourse on …
Exchange Loss Damages And The Uniform Foreign-Money Claims Act: The Emperor Hasn't All His Clothes, Ronald A. Brand
Exchange Loss Damages And The Uniform Foreign-Money Claims Act: The Emperor Hasn't All His Clothes, Ronald A. Brand
Articles
In 1989, the National Conference of Commissioners on Uniform State Laws approved a new Uniform Foreign-Money Claims Act. This Act is designed to change and clarify the law regarding judgments on obligations denominated in a foreign currency. It does so by recognizing that old rules preventing judgment in a foreign currency - developed in times of a strong dollar - are inappropriate. Unfortunately, in seeking fairness for plaintiffs when the U.S. dollar is weak, the Act replaces rigid old rules with stiff new rules that fail to address the basic issue of appropriate damages for exchange rate losses. While the …
Developing A World Vision: An Introduction To International Environmental Policy, Beverly Mcqueary Smith
Developing A World Vision: An Introduction To International Environmental Policy, Beverly Mcqueary Smith
Scholarly Works
No abstract provided.
The Kantian Theory Of International Law, Fernando R. Tesón
The Kantian Theory Of International Law, Fernando R. Tesón
Scholarly Publications
This Article defends the view, first developed by Immanuel Kant, that international law and domestic justice are fundamentally connected.'
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 …