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Full-Text Articles in Law
Export Control Reform Where Are We Now?, Mark J. Sundahl, Jon P. Yormick
Export Control Reform Where Are We Now?, Mark J. Sundahl, Jon P. Yormick
Law Faculty Articles and Essays
No abstract provided.
The Cape Town Approach: A New Method Of Making International Law, Mark J. Sundahl
The Cape Town Approach: A New Method Of Making International Law, Mark J. Sundahl
Law Faculty Articles and Essays
The use of multilateral treaties in the field of international commercial law has been in a state of steady decline. Traditional treaty law has been gradually replaced in recent years by softer methods of making international law, such as the use of restatements and model laws. Some scholars even claim that treaty law is dead or dying. This Article explains how the Cape Town Convention on International Interests in Mobile Equipment (which entered into force on March 1, 2006) provides an innovative approach to the creation of treaties that promises to revive the status of treaties in international law. The …
Some Realism About Indigenism, Michael Henry Davis
Some Realism About Indigenism, Michael Henry Davis
Law Faculty Articles and Essays
The debate about creating so-called intellectual property (“IP”)--legal monopolies--over indigenous information (a product mostly of Third World countries) is habitually (almost stereotypically) characterized by qualifications that such monopolies really don't fit, and further qualifications that although they don't fit they are the best alternative. But underlying both sets of qualifications is often a confusion about what the real problem is. Because of a frequent failure to analyze closely the problem (and sometimes because of misinformation mixed with an unhealthy dose of romanticism), critics far too often jump to the legal monopoly solution to problems that ironically may be in large …
Effective Strategies For Protecting Human Rights: A Conference Engaging The International Community, David R. Barnhizer
Effective Strategies For Protecting Human Rights: A Conference Engaging The International Community, David R. Barnhizer
Law Faculty Articles and Essays
Human rights protection needs teeth. And those who work in the disparate field of human rights need to see the system more comprehensively and strategically. Far too often, political issues interfere with enforcement of human rights laws and allow violators to hide behind the unwillingness of national governments to take action to enforce existing laws against human rights violators. Lack of commitment to human rights enforcement or timely preventative or intervention actions have led to violators being left unpunished for torture, rape and genocide. This failure of governments means that there is a lack of deterent power sufficient to inhibit …
Legitimacy, Globally: The Incoherence Of Free Trade Practice, Global Economics And Their Governing Principles Of Political Economy, Michael Henry Davis, Dana Neacsu
Legitimacy, Globally: The Incoherence Of Free Trade Practice, Global Economics And Their Governing Principles Of Political Economy, Michael Henry Davis, Dana Neacsu
Law Faculty Articles and Essays
In this article, we observe the legalized character of the phenomenon popularly called “globalization.” We first examine what it means to be a legalized phenomenon and observe that an important part of legalization is legitimation. In domestic legal regimes, legitimation is accomplished through the Rule of Law, which makes certain claims about the nature of the society of which the legal regime is a part. Simply stated, the Rule of Law claims that a legal system is legitimate if its rules are definite and predictable and are applied in a general, impartial, and non-retroactive manner. In the international trading system …
Consular Officer's Amenability As Witness, Stephen J. Werber
Consular Officer's Amenability As Witness, Stephen J. Werber
Law Faculty Articles and Essays
The purpose of this paper is to examine various treaty provisions in an effort to ascertain the manner in which a consular officer's obligation to testify is set forth, the immunities given such an officer and some of the problems raised by both the obligation and the immunities.