Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- International law (2)
- AJIL (1)
- American Journal of International Law (1)
- American Society of International Law Proceedings (1)
- CISG (1)
-
- Chicago Journal of International Law (1)
- Conference of Parties (COP) (1)
- Constitutional adjudication (1)
- Contract interpretation (1)
- Contracts (1)
- Criminal conduct (1)
- Criminal law (1)
- Delegation (1)
- Federalism (1)
- ICC (International Criminal Court) (1)
- Incompatability Statute (1)
- International agreement (1)
- International criminal justice (1)
- International jurisprudence (1)
- International trade (1)
- Law and economics (1)
- Law of war (1)
- Persistant Organic Pollutant (POP) (1)
- Self-execution (1)
- Trade usage (1)
- Transational legal process (1)
- Treaty negotiation (1)
- Tulsa Law Review (1)
- Wisconsin Law Review (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
From Rethinking To Internationalizing Criminal Law, George P. Fletcher
From Rethinking To Internationalizing Criminal Law, George P. Fletcher
Faculty Scholarship
Writing Rethinking Criminal Law ("Rethinking") was a gamble. No one had ever written a serious book on comparative criminal law – in English or in any other language. No one had ever addressed English-speaking readers with the argument that some other system of legal thought – espoused by a nation defeated in a major war just thirty years before – had a superior literature on criminal law and a more refined way of thinking about the structure of criminal offenses. No one had tried to present the system of criminal law as though it were a species of …
Self-Enforcing International Agreements And The Limits Of Coercion, Robert E. Scott, Paul B. Stephan
Self-Enforcing International Agreements And The Limits Of Coercion, Robert E. Scott, Paul B. Stephan
Faculty Scholarship
International law provides an ideal context for studying the effects of freedom from coercion on cooperative behavior. To be sure, almost all academic discussions on the subject begin by asking whether international law constitutes "law." But the category of all "international law" is too big and heterogeneous to permit useful analysis. Whether to regard, say, the rules governing the conduct of war or international humanitarian law as "law" presents radically different issues than analyzing the legal character of the Treaty of Rome (the constitutive instrument of the European Community), or the Warsaw Convention (the instrument governing contracts for the carriage …
The Relative Costs Of Incorporating Trade Usage Into Domestic Versus International Sales Contracts: Comments On Clayton Gillette, Institutional Design And International Usages Under The Cisg, Avery W. Katz
Faculty Scholarship
Clayton Gillette's paper on the use of trade usage in reported disputes arising under the United Nations Convention on Contracts for the International Sale of Goods ("CISG") presents a challenge to recent scholarly critiques of modern contractual interpretation. As Gillette explains, much recent writing by economically influenced US scholars in contracts and commercial law has argued in favor of more formalistic methods of interpretation, and against the overwhelming trend of the last half of the twentieth century: a trend toward a more contextual interpretative approach that takes into account a variety of evidence, including the business purpose of the transaction, …
Treaties And International Regulation, Lori Fisler Damrosch
Treaties And International Regulation, Lori Fisler Damrosch
Faculty Scholarship
The authority of Missouri v. Holland is in no way impaired by developments of the last decade. While Justice Holmes rejected the view that "invisible radiation" from the Tenth Amendment could restrict the treaty power, his approach accepts that a treaty cannot violate "prohibitory words" in the Constitution. Some prohibitory words explicitly protect the interests of the states as against the national government. For example, the framers clearly meant the prohibition in Article I, section 9 on export taxes to bar one form of potential federal taxation that the Southern states found worrisome. In the face of this specific prohibition, …
Agora: The United States Constitution And International Law: Editors' Introduction, Lori Fisler Damrosch, Bernard H. Oxman
Agora: The United States Constitution And International Law: Editors' Introduction, Lori Fisler Damrosch, Bernard H. Oxman
Faculty Scholarship
On the docket of the United States Supreme Court in 2004 is a substantial cluster of cases at the intersection of constitutional and international law. In the previous two Supreme Court Terms, the Court had adverted to sources of law and practice outside the United States, in its treatment of constitutional claims involving the death penalty and same-sex relationships. The apparent willingness of the Court to consider international and foreign authorities in reaching its conclusions on contested issues of constitutional law has raised to new prominence the debate over the relationship between constitutional and international law. It is not yet …