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Series

1998

Faculty Scholarship

International law

Articles 1 - 7 of 7

Full-Text Articles in Law

The Cisg Convention And Thomas Franck's Theory Of Legitimacy, Anthony S. Winer Jan 1998

The Cisg Convention And Thomas Franck's Theory Of Legitimacy, Anthony S. Winer

Faculty Scholarship

The Contracts for the International Sale of Goods (CISG) Convention is one of the most talked-about, and written-about, aspects of international commercial law. Ss time progresses, it may become evident that significant numbers of commercial actors and significant numbers of courts and other adjudicatory bodies are simply choosing not to apply the Convention. In such event, the question as to why there should be such a reluctance to adopt the Convention will present itself. This Article finds helpful perspective on this question in the work of international legal scholar Thomas Franck. Specifically, guidance is drawn from the theory of international …


Moths To The Light: The Dubious Attractions Of American Law, Paul D. Carrington Jan 1998

Moths To The Light: The Dubious Attractions Of American Law, Paul D. Carrington

Faculty Scholarship

No abstract provided.


The Status Of Customary International Law In U.S. Courts—Before And After ‘Erie’, Curtis A. Bradley Jan 1998

The Status Of Customary International Law In U.S. Courts—Before And After ‘Erie’, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley Jan 1998

The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


The Abiding Relevance Of Federalism To U.S. Foreign Relations, Curtis A. Bradley Jan 1998

The Abiding Relevance Of Federalism To U.S. Foreign Relations, Curtis A. Bradley

Faculty Scholarship

In, Agora: Breard (collection of articles re: Breard v. Virgina, 513 U.S. 971 (1994).


Federal Courts And The Incorporation Of International Law, Curtis A. Bradley, Jack L. Goldsmith Jan 1998

Federal Courts And The Incorporation Of International Law, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

Many scholars believe that customary international law (CIL) has the status of self-executing federal common law, to be applied by courts in the United States without any need for it to be enacted or implemented by Congress. In an article last year, we argued that this view lacks historical support and is in substantial tension with political branch enactments as well as broader constitutional principles of separation of powers, federalism, and representative democracy. We concluded that CIL should not be treated as federal law in the absence of authorization from the federal political branches. In the May 1998 issue of …


The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury Jan 1998

The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury

Faculty Scholarship

No abstract provided.