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Articles 1 - 27 of 27
Full-Text Articles in Law
It’S Imperative That South Africa Moves Fast On State Capture Prosecutions. Here’S Why, Penelope Andrews
It’S Imperative That South Africa Moves Fast On State Capture Prosecutions. Here’S Why, Penelope Andrews
Other Publications
No abstract provided.
European Court Won’T Review Case Against Baker In Northern Ireland, Arthur S. Leonard
European Court Won’T Review Case Against Baker In Northern Ireland, Arthur S. Leonard
Other Publications
No abstract provided.
Difficult And Novel Issues Explored By The Students Who Represented The University Of Bucharest In The 2021-2022 Edition Of The Willem C. Vis International Commercial Arbitration Moot, Raluca Papadima
Other Publications
This article provides an overview of the Willem C. Vis International Commercial Arbitration Moot in general and of the novel and difficult legal issues raised by the 2021-2022 moot problem. The procedural issue revolved around determining the law applicable to an arbitration agreement where, as it is generally the case, the parties did not specifically select it, and with the additional twist of the existence/validity of the entire contract (including the arbitration agreement) being challenged by one of the parties. The relevant considerations are addressed in an article titled "Midnight problems: finding the law applicable to the arbitration agreement", co-authored …
America's Ambivalent Commitment To International Justice, Robert Howse, Ruti G. Teitel
America's Ambivalent Commitment To International Justice, Robert Howse, Ruti G. Teitel
Other Publications
No abstract provided.
International Legal Argumentation: Practice In Need Of A Theory, Ian Johnstone, Steven R. Ratner
International Legal Argumentation: Practice In Need Of A Theory, Ian Johnstone, Steven R. Ratner
Other Publications
In a decentralized global system that lacks the formal trappings of domestic governance systems, most disputes between and among states and non-state actors never reach either a domestic or an international courtroom for authoritative resolution. This state of affairs continues, even with the creation of new international tribunals in recent decades. Despite, indeed because of, the relative scarcity of judicial settlement of disputes, international legal argumentation remains pervasive, but notably in a range of nonjudicial settings. States, corporations, nongovernmental organizations (NGOs), and even guerrilla groups make claims in international legal terms in political bodies like the United Nations’ organs or …
Parsing And Managing Inconsistency In Investor-State Dispute Settlement, Julian Arato, Chester Brown, Federico Ortino
Parsing And Managing Inconsistency In Investor-State Dispute Settlement, Julian Arato, Chester Brown, Federico Ortino
Other Publications
Inconsistency in legal interpretation is among the most salient problems in investor-state dispute settlement (ISDS). Some such instances have been particularly glaring, and introducing consistency into ISDS rates high on the agenda of reformers - particularly for several government delegations leading multilateral reform efforts in the United Nations Commission on International Trade Law (UNCITRAL) Working Group III. This Article starts from the position that some degree of interpretive inconsistency is endemic to any legal order. Yet systemic inconsistency tends to undermine the basic purposes of the investment treaty regime – namely protecting and promoting foreign direct investment through predictable international …
How The Russian Doping Scandal Caused A War Between World Sporting Authorities, Robert Blecker
How The Russian Doping Scandal Caused A War Between World Sporting Authorities, Robert Blecker
Other Publications
No abstract provided.
Did The Pyeongchang Games Prove The Olympics Can Still Broker Peace?, Robert Blecker
Did The Pyeongchang Games Prove The Olympics Can Still Broker Peace?, Robert Blecker
Other Publications
No abstract provided.
Marriage Matters In December, Arthur S. Leonard
Marriage Matters In December, Arthur S. Leonard
Other Publications
No abstract provided.
The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews
The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews
Other Publications
No abstract provided.
Book Review Of Emmanuelle Tourme-Jouannet's "What Is A Fair International Society? International Law Between Development And Recognition, Ruti G. Teitel
Book Review Of Emmanuelle Tourme-Jouannet's "What Is A Fair International Society? International Law Between Development And Recognition, Ruti G. Teitel
Other Publications
No abstract provided.
Towards A New Democratic Africa: The African Charter On Democracy, Elections And Governance, Stacy-Ann Elvy
Towards A New Democratic Africa: The African Charter On Democracy, Elections And Governance, Stacy-Ann Elvy
Other Publications
The African Charter on Democracy, Elections and Governance (“ADC”) recently entered into force on February 15, 2012. The main goal of the ADC is the encouragement and promotion of democracy and human rights on the African continent. The ADC is the first binding regional instrument adopted by member states of the African Union (“AU”) that attempts to comprehensively address all of the elements necessary for the establishment of liberal democracies. The ADC also contains a number of expansive provisions regarding unconstitutional changes of government. For instance, the ADC is the first legal instrument adopted by member states of the AU …
Teaching Transactional Skills And Law In An International Context, Deborah Burand, Kojo Yelpaala, Peter Linzer
Teaching Transactional Skills And Law In An International Context, Deborah Burand, Kojo Yelpaala, Peter Linzer
Other Publications
Today, we are going to be discussing how we think about transactional skills in an international context. It doesn't surprise me that this is a smaller group. This is a subspecialty, but let me just do a very quick survey of you. How many of you now in this room are teaching an international course? And what are you doing?
Ruti Teitel Responds To Shana Tabak, Ruti G. Teitel
Ruti Teitel Responds To Shana Tabak, Ruti G. Teitel
Other Publications
No abstract provided.
The Michigan Guidelines On Protection Elsewhere, Colloquium On Challenges In International Refugee Law
The Michigan Guidelines On Protection Elsewhere, Colloquium On Challenges In International Refugee Law
Other Publications
Refugees increasingly encounter laws and policies which provide that their protection needs will be considered or addressed somewhere other than in the territory of the state where they have sought, or intend to seek, protection. Such policies-including "country of first arrival," "safe third country," and extraterritorial processing rules and practices-raise both opportunities and challenges for international refugee law. They have the potential to respond to the Refugee Convention's concern "that the grant of asylum may place unduly heavy burdens on certain countries" by more fairly allocating protection responsibilities among states. But insistence that protection be provided elsewhere may also result …
No Laughing Matter: The Controversial Danish Cartoons Depicting The Prophet Mohammed, And Their Broader Meaning For The Europe’S Public Square, Ruti G. Teitel
No Laughing Matter: The Controversial Danish Cartoons Depicting The Prophet Mohammed, And Their Broader Meaning For The Europe’S Public Square, Ruti G. Teitel
Other Publications
No abstract provided.
The Michigan Guidelines On Well-Founded Fear, Colloquium On Challenges In International Refugee Law
The Michigan Guidelines On Well-Founded Fear, Colloquium On Challenges In International Refugee Law
Other Publications
An individual qualifies as a Convention refugee only if he or she has a "well-founded fear" of being persecuted. While it is generally agreed that the "well-founded fear" requirement limits refugee status to persons who face an actual, forward-looking risk of being persecuted (the "objective element"), linguistic ambiguity has resulted in a divergence of views regarding whether the test also involves assessment of the state of mind of the person seeking recognition of refugee status (the "subjective element").
Book Review Of Post-Conflict Justice (C. Bassiouni, Ed.), Ruti G. Teitel
Book Review Of Post-Conflict Justice (C. Bassiouni, Ed.), Ruti G. Teitel
Other Publications
No abstract provided.
United Kingdom Transgender Win, Arthur S. Leonard
United Kingdom Transgender Win, Arthur S. Leonard
Other Publications
No abstract provided.
International Labor Standards In The Wto’S “New World Order”: Towards “Development-Based” Standard Setting, Carlin Meyer
International Labor Standards In The Wto’S “New World Order”: Towards “Development-Based” Standard Setting, Carlin Meyer
Other Publications
No abstract provided.
Interpretation Of The Definition Of 'Refugee' Under Art. 1(A)(2) Of The Convention Relating To The Status Of Refugees, With A View To The Elaboration Of A Community Instrument To Guide The Application Of The Refugee Convention Pursuant To Art.63(1)(C) Of The Treaty Of The European Communities, James C. Hathaway
Other Publications
In approaching the task of recommending how to structure a Directive on common minimum standards for the recognition ofrefugee status in the Member States of the European Union, I have struggled to avoid two extremes. On the one hand, my recommendations might simply have reflected a search for the common denominator of relevant practice. The risk of this sort of analysis is, of course, that it clearly promotes a "race to the bottom," in which those States which presently fully implement their international obligations are encouraged to reduce the standard of protection. The alternative extreme would have been to define …
Copyright And International Trips Compliance (Symposium: Fifth Annual Conference On International Intellectual Property Law And Policy), Shira Perlmutter, Jerome H. Reichman, Whitmore Gray
Copyright And International Trips Compliance (Symposium: Fifth Annual Conference On International Intellectual Property Law And Policy), Shira Perlmutter, Jerome H. Reichman, Whitmore Gray
Other Publications
MS. PERLMUTTER: We have heard today about copyright in two different regions of the world, in Central and Eastern Europe' and in China. In recent years there has been an increasing convergence in the substance of national laws in different regions of the world. One of the major factors has been the TRIPs Agreement? I will focus on the current efforts toward implementing the TRIPs Agreement, and this will be a procedure-oriented talk.
Perspectives From The New Haven School, Lung-Chu Chen
Perspectives From The New Haven School, Lung-Chu Chen
Other Publications
No abstract provided.
Dilemmas Of Justice, Ruti G. Teitel
Justice In A Post-Apartheid South Africa, Penelope Andrews
Justice In A Post-Apartheid South Africa, Penelope Andrews
Other Publications
No abstract provided.
Book Review Of The Human Rights Of Aliens In Contemporary International Law, By Richard B. Lillich, Owen Kupferschmid, Ruti G. Teitel
Book Review Of The Human Rights Of Aliens In Contemporary International Law, By Richard B. Lillich, Owen Kupferschmid, Ruti G. Teitel
Other Publications
No abstract provided.
The Case Of Self-Determination For Formosa/Taiwan, Lung-Chu Chen
The Case Of Self-Determination For Formosa/Taiwan, Lung-Chu Chen
Other Publications
No abstract provided.