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Series

International Law

2005

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Institution
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Articles 1 - 30 of 31

Full-Text Articles in Law

"Anticipatory Self-Defense" And Other Stories, Jeanne M. Woods, James M. Donovan Dec 2005

"Anticipatory Self-Defense" And Other Stories, Jeanne M. Woods, James M. Donovan

Law Faculty Scholarly Articles

We argue that the specious justification for the invasion of Iraq -- a war based on a pretext of anticipatory self-defense -- necessarily exacerbates the inherent tendency of war to dehumanize and humiliate the enemy. This tendency is particularly evident in the variant of anticipatory self-defense that we have denominated as "capacity preemption," a type of claim that by definition depends upon characterizations of the opponent as utterly inhuman.

The Bush Doctrine tells a timeless story of self-defense. This story is shaped by an identifiable and predictable narrative structure, one that is able to transform the morally outrageous -- an unprovoked aggressive war ...


Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr. Oct 2005

Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


U.S.-China Textile Trade: An Introduction, C. Donald Johnson Sep 2005

U.S.-China Textile Trade: An Introduction, C. Donald Johnson

Scholarly Works

In the spring of 1999, the Office of United States Trade Representative (USTR) in the Clinton administration was heavily engaged in completing the negotiations on the terms of China's accession agreement to becoming a member of the World Trade Organization (WTO). The Chinese Premier at the time, Zhu Rongji, was scheduled to visit Washington in April, which created an "action forcing event" to complete the agreement for a signing ceremony with President Bill Clinton. After nearly fifteen years of negotiations the end appeared to be near, but several critical issues remained unresolved--including the highly-charged political issue of textiles.


Private Property, Development And Freedom, Steven J. Eagle Aug 2005

Private Property, Development And Freedom, Steven J. Eagle

George Mason University School of Law Working Papers Series

The author asserts that adherence to the rule of law, including property law, is a necessary condition to economic development and human freedom. United States governmental agencies and private institutes have attempted to convey this message to Russia, other states of the former Soviet Union, and former Soviet satellite states, with some success. Finally, and unfortunately, the United States has veered away from the very adherence to the rule of law respecting property which it espouses abroad.


The Drafting Process For A Hague Convention On Jurisdiction And Judgments With Special Consideration Of Intellectual Property And E-Commerce, Knut Woestehoff Aug 2005

The Drafting Process For A Hague Convention On Jurisdiction And Judgments With Special Consideration Of Intellectual Property And E-Commerce, Knut Woestehoff

LLM Theses and Essays

This thesis is a study of the drafting process for the Hague Convention on Jurisdiction and Judgments. It will be demonstrated why the original goal of a broad treaty was given up in favor of a draft convention that only applies in international cases to exclusive choice of court agreements concluded in civil and commercial matters in the business-to-business setting. The reader will get an understanding of how the participating nations and interest groups influenced the negotiations and modified the outcome of the discussions. Special consideration was given to the matters of intellectual property and e-commerce, which were nearly completely ...


Free Movement Of Goods: A Comparative Analysis Of The European Community Treaty And The North American Free Trade Agreement, Pedro A. Perichart Jul 2005

Free Movement Of Goods: A Comparative Analysis Of The European Community Treaty And The North American Free Trade Agreement, Pedro A. Perichart

LLM Theses and Essays

The European Union is currently an economic union, which means that it has almost removed every internal barrier to trade, therefore achieving the free circulation of all factors of production (goods, services, capital, and persons) across the union. The North America Free Trade Agreement (“NAFTA”) establishes a free trade area, with the main purpose of eliminating tariffs among its members, and to some extent, reducing other non-tariff barriers to facilitate the cross-border movement of goods. Despite their differences, both regions seek to achieve certain degree of free movement when trading goods within their respective internal markets. This study will analyze ...


Accountability Of Transnational Corporations Under International Standards, Lea Hanakova Jul 2005

Accountability Of Transnational Corporations Under International Standards, Lea Hanakova

LLM Theses and Essays

Due to the process of globalization and rapid economic evolution in the last several years, transnational corporations have become extremely powerful. There is an evident disproportion between the numerous rights enjoyed by transnational corporations and the scarce obligations undertaken by them. Given their transnational nature, transnational corporations have been successfully avoiding national regulations of both their home and host states, and they are seeking to operate in countries with the lowest standards so as to increase their profits. This has resulted in the violation of basic human rights. Therefore, there is an increasing need for the creation of international instruments ...


Globalization And The Theory Of International Law, Frank J. Garcia Jun 2005

Globalization And The Theory Of International Law, Frank J. Garcia

Boston College Law School Faculty Papers

The dominant modern account of the social basis of international law has been the "society of states" model. In this view, to the extent that international law constructs an ordered social space (a claim which has been contested since Hobbes if not before), it is a social space in which states are the actors. This view has had a profound effect on international law. For example, the doctrine of state responsibility classically understands international harms to individuals within a framework of harm to a state's rights. Normatively, to the extent justice is considered an operational concept in international law ...


The Paradox Of Omnipotence: Courts, Constitutions, And Commitments, David S. Law Jun 2005

The Paradox Of Omnipotence: Courts, Constitutions, And Commitments, David S. Law

University of San Diego Public Law and Legal Theory Research Paper Series

Sovereigns, like individuals, must sometimes make commitments that limit their own freedom of action in order to accomplish their goals. Social scientists have observed that constitutional arrangements can, by restricting a sovereign's power, enable the sovereign to make such commitments. This paper advances several claims about the commitment problems that sovereigns face. First, constitutions do not necessarily solve such problems but can instead aggravate them, by entrenching inalienable governmental powers and immunities. Second, sovereigns and other actors face two distinct varieties of commitment problems - undercommitment and overcommitment - between which they must steer: an actor that can bind itself has ...


International Antisuit Injunctions: Enjoining Foreign Litigations And Arbitrations - Beholding The System From Outside, Marco Stacher May 2005

International Antisuit Injunctions: Enjoining Foreign Litigations And Arbitrations - Beholding The System From Outside, Marco Stacher

Cornell Law School J.D. Student Research Papers

Antisuit injunctions are issued by a court to prevent a party from bringing suit in another forum. They are a powerful tool available to American courts to implement their decision on jurisdiction. It goes without saying that granting such an injunction de facto affects the capability of the other forum to hear the dispute, which conflicts with the principle of comity. American courts therefore only enjoin a party from proceeding in another forum if certain criteria are satisfied. This paper discusses these criteria in the context of international litigations and arbitrations. It analyzes the case law on this issue and ...


The Legality Of Humanitarian Intervention, Eric Adjei May 2005

The Legality Of Humanitarian Intervention, Eric Adjei

LLM Theses and Essays

Intervention in the domestic affairs of sovereign states by other sovereign state(s) is one of the ‘hot’ issues in international law today. The issue is ‘hot’ because the concept of human rights is on the ascendancy whilst international law had from time immemorial held the concept of sovereignty and its key feature, the principle of non-interference in high esteem. In fact, the concept of sovereignty has long been regarded as the bedrock of international relations. However, the doctrine of unilateral humanitarian intervention allows state(s) to intervene in the domestic affairs of sovereign states in the event of massive ...


Exporting U.S. Anti-Terrorism Legislation And Policies To The International Law Arena, A Comparative Study: The Effect On Other Countries' Legal Systems, Olga Kallergi Apr 2005

Exporting U.S. Anti-Terrorism Legislation And Policies To The International Law Arena, A Comparative Study: The Effect On Other Countries' Legal Systems, Olga Kallergi

Cornell Law School Inter-University Graduate Student Conference Papers

The terrorist attack on the World Trade Center in New York on 9/11 set in motion a new era all over the world: an era of a world uniting against a common enemy, but also an era of insecurity and fear. Laws have been changed worldwide, nations have united against a common threat, legal theories and beliefs of centuries have been questioned, and civil liberties have been replaced by a need for national safety. Has this worldwide effort worked? Is our world a better place now that we are all fighting the same enemy? Did we learn from our ...


Ngo Legitimacy: Reassessing Democracy, Accountability And Transparency, Rana Lehr-Lehnardt Apr 2005

Ngo Legitimacy: Reassessing Democracy, Accountability And Transparency, Rana Lehr-Lehnardt

Cornell Law School Inter-University Graduate Student Conference Papers

Non-governmental organizations have enjoyed an unprecedented amount of influence on national as well as international fronts for at least the last decade. A recent survey reveals educated Americans and Europeans trust NGOs more than they trust governments, corporations, and the media. As their power augments, NGOs have become increasingly skeptical and critical of the power held by the United Nations and by sovereign states. NGOs accuse these world powers of engaging in rule-making processes that are lacking in transparency, democracy, and accountability, thus lacking in legitimacy. Now, even as their power grows, NGOs are falling under this same criticism. Democracy ...


Modernization Of European Antitrust Enforcement: The Economics Of Regulatory Competition, Ben Depoorter, Francesco Parisi Apr 2005

Modernization Of European Antitrust Enforcement: The Economics Of Regulatory Competition, Ben Depoorter, Francesco Parisi

George Mason University School of Law Working Papers Series

In this article we analyze the expected effects of regulatory overlap in European competition law resulting from Regulation 1/2003. Drawing upon recently developed economic theories of regulatory competition, our model foresees a number of qualitative adjustments resulting from this reform. On one hand, the direct applicability of the exemption provision should increase the overall amount of exemptions. On the other hand, a decentralized system permits private litigants' forum shopping, and parallel enforcement by multiple national competition authorities will drive up the number of infringement findings. Although the precise direction of substantive competition law is unclear, the overall effect is ...


A Rational Design Theory Of Transgovernmentalism: The Case Of E.U.-U.S. Merger Review Cooperation, Christopher A. Whytock Apr 2005

A Rational Design Theory Of Transgovernmentalism: The Case Of E.U.-U.S. Merger Review Cooperation, Christopher A. Whytock

Faculty Scholarship

There are two basic forms of legal and regulatory cooperation in world politics: interstate and transgovernmental. The former involves states behaving as unitary actors, facing the world as integrated units and each speaking with one voice in its interactions with other unitary states. The latter occurs when cross-border cooperation takes place directly between governmental subunits of different states, such as courts and regulatory agencies. But why is legal and regulatory cooperation among some states and in some issue areas principally interstate, while among other states and in other issue areas it is primarily transgovernmental? The principal goal of this article ...


Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom Mar 2005

Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom

Boston College Law School Faculty Papers

In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the proposition that certain entrenched historical matrices no longer adequately answer the complex questions raised in the “war on terror.” They examined the importance of government disclosure and the public’s right to know; the deportation system’s habeas corpus practices; racial profiling; the convergence ...


The W Visa: A Legislative Proposal For Female And Child Refugees Trapped In A Post-9/11 World, Marisa S. Cianciarulo Feb 2005

The W Visa: A Legislative Proposal For Female And Child Refugees Trapped In A Post-9/11 World, Marisa S. Cianciarulo

Working Paper Series

This article addresses an urgent humanitarian crisis affecting unaccompanied or abused refugee children and widowed, divorced, abandoned or abused female heads of refugee households. Such women and children suffer the consequences of the post-9/11 U.S. refugee resettlement backlog more severely than the general refugee population. They are far more at risk of life-threatening harm such as trafficking, sexual exploitation and rape. Moreover, they are far less likely to present a threat to U.S. national security than many people who are able to secure visas to the United States quickly and with fewer background checks. Despite their vulnerability ...


The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth Feb 2005

The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth

Boston College Law School Faculty Papers

By comparison with domestic environmental issues, international environmental diplomacy is distinguished by the far greater role of the Executive Branch, and in particular the President, in making law. This essay explores the legal consequences of the President's dual role in international environmental diplomacy: his duty faithfully to execute statutory mandates adopted by Congress while also serving as the Nation's chief diplomat and negotiator of international agreements with foreign powers. The piece discusses the legal and policy dynamics surrounding two concrete examples affecting domestic and international environmental policy, in which Presidential power assumes dramatically different forms: (1) climate change ...


Trade-Based Strategies For Combatting Child Labor, Frank J. Garcia, Soohyun Jun Feb 2005

Trade-Based Strategies For Combatting Child Labor, Frank J. Garcia, Soohyun Jun

Boston College Law School Faculty Papers

International commerce facilitates abusive child labor when it offers a market for the goods produced through such practices. International trade sanctions are thus a logical avenue for confronting abusive child labor, by eliminating the commercial opportunities for such goods. However, it is not clear that domestic child labor sanctions would survive legal challenge under WTO law as currently interpreted. For international trade law to serve as a viable strategy for change, there must first be a clear theoretical and doctrinal case for the WTO-consistency of domestic child labor-based sanctions. In this chapter, we present this case, using the U.S ...


Globalization, Global Community And The Possibility Of Global Justice, Frank J. Garcia Feb 2005

Globalization, Global Community And The Possibility Of Global Justice, Frank J. Garcia

Boston College Law School Faculty Papers

In this essay, I suggest five ways in which globalization is changing the cosmopolitan/communitarian debate over global justice, by creating, both inter-subjectively and at the regulatory level, the constitutive elements of a limited global community. Members of this global community are increasingly aware of each other’s needs and circumstances, increasingly capable of effectively addressing these needs, and increasingly contributing to these circumstances in the first place. They find themselves involved in the same global market society, and together these members look to the same organizations, especially those at the meta-state level, to provide regulatory approaches to addressing problems ...


Procedural Incrementalism: A Model For International Bankruptcy, John A. E. Pottow Jan 2005

Procedural Incrementalism: A Model For International Bankruptcy, John A. E. Pottow

Law & Economics Working Papers Archive: 2003-2009

From Parmalat to Yukos, the pace of cross-border bankruptcy filings has been accelerating. Scholarly attention and policy reform have increasingly focused on the financial distress of enterprises with assets and creditors dispersed throughout multiple jurisdictions. Yet despite ongoing globalization and economic integration, insolvency law has remained stubbornly resistant to treaties and other international efforts to design some form of unified, global regime for resolving private financial defaults. Part of the reason progress remains so elusive is that two competing paradigms of international bankruptcy – universalism and territorialism – continue to divide academics and policymakers alike. Proposed treaties premised on one approach have ...


When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell Jan 2005

When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell

Journal Articles

It is essential to correctly classify situations in the world as ones of war or peace: human lives depend on the distinction, but so do liberty, property, and the integrity of the natural environment. President Bush's war on terror finds war where suspected members of al Qaeda are found. By contrast, war under international law exists where hostilities are on-going. To the extent there is ambiguity, the United States should err on the side of pursuing terrorists within the peacetime criminal law enforcement paradigm, not a wartime one. Not only does the criminal law better protect important human rights ...


Iucn As Catalyst For A Law Of The Biosphere: Acting Globally And Locally, Nicholas A. Robinson Jan 2005

Iucn As Catalyst For A Law Of The Biosphere: Acting Globally And Locally, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Unique among international organizations, the International Union for the Conservation of Nature and Natural Resources (IUCN) operates at the global, regional, and national levels to build governmental capacity to protect the environment. With a membership of over 75 sovereign states and 800 nongovernmental organizations, IUCN functions as an intergovernmental organization at the transnational level while operationally embodying the maxim "think globally, act locally." IUCN acts as a consortium of environmental scientists and professionals, including environmental lawyers who have proposed and secured adoption of significant environmental treaties such as the Convention on the International Trade in Endangered Species (CITES) and their ...


Re-Membering Law In The Internationalizing World, Vivian Grosswald Curran Jan 2005

Re-Membering Law In The Internationalizing World, Vivian Grosswald Curran

Articles

This article examines some of the challenges to understanding new, non-national legal configurations as contexts of origin color understandings and evaluations of legal standards allegedly shared across legal communities. It examines a case on assisted suicide, Pretty v. U.K., decided by the European Court of Human Rights. The case illustrates mechanisms of legal integration in the European court, followed by a process of dis-integration that occurred when the decision was reported to the French legal community. The French rendition reflected a legal community's inability to process common law information through civil law cognitive grids. The article addresses both ...


International Legal Pluralism, William W. Burke-White Jan 2005

International Legal Pluralism, William W. Burke-White

Faculty Scholarship at Penn Law

No abstract provided.


Affirming The Ban On Harsh Interrogation, Mary Ellen O'Connell Jan 2005

Affirming The Ban On Harsh Interrogation, Mary Ellen O'Connell

Journal Articles

Beginning in 2002, lawyers for the Bush Administration began producing the now infamous legal memoranda on the subject of interrogation. The memoranda advise interrogators that they can torture people without fear of prosecution in connection with the so-called global war on terror. Much has been and will be written about the expedient and erroneous legal analysis of the memos. One issue at risk of being overlooked, however, because the memos emphasize torture, is that the United States must respect limits far short of torture in the conduct of interrogations. The United States may not use any form of coercion against ...


Sexual Violence And International Criminal Law: An Analysis Of The Ad Hoc Tribunal's Jurisprudence & The International Criminal Court's Elements Of Crimes, Angela M. Banks Jan 2005

Sexual Violence And International Criminal Law: An Analysis Of The Ad Hoc Tribunal's Jurisprudence & The International Criminal Court's Elements Of Crimes, Angela M. Banks

Faculty Publications

No abstract provided.


The Laws Of War In The Pre-Dawn Light: Institutions And Obligations In Thucydides’ Peloponnesian War, Stephen M. Sheppard Jan 2005

The Laws Of War In The Pre-Dawn Light: Institutions And Obligations In Thucydides’ Peloponnesian War, Stephen M. Sheppard

Faculty Articles

This Essay, in honor of Oscar Schachter, discusses Thucydides’ account of the Peloponnesian War, not only glimpsing into the events surrounding the conflict but also considering how the sparring Greek city-states understood and manifested laws of war. This article describes numerous customs, practices, and procedures including respect for truces, ambassadors, heralds, trophies, and various forms of neutrality the ancients adhered to during times of conflict.

The Greek city-states and their warriors recognized and enforced obligations concerning a city-state’s right to war (jus ad bellum) and conduct in war (jus in bello). While the ancients’ laws of war were always ...


The Law On Intervention: Africa's Pathbreaking Model, Jeremy I. Levitt Jan 2005

The Law On Intervention: Africa's Pathbreaking Model, Jeremy I. Levitt

Journal Publications

This article seeks to examine the sum and substance of the evolving intervention regime in Africa. I employ a structural approach to highlight the normative framework governing humanitarian intervention in Africa at the sub-regional and regional levels. The article is meant to be a snapshot rather than a comprehensive treatment of the law of intervention in Africa. Space constraints preclude examination of the legality of the various post-Cold War, unilateral African interventions (i.e., those that took place without prior Security Council authorisation or valid state consent). These include the interventions by the Economic Community of West African States (ECOWAS ...


Government For Hire: Privatizing Foreign Affairs And The Problem Of Accountability Under International Law, Laura T. Dickinson Jan 2005

Government For Hire: Privatizing Foreign Affairs And The Problem Of Accountability Under International Law, Laura T. Dickinson

GW Law Faculty Publications & Other Works

Although the privatization of governmental functions has long since become a fixture of the American political landscape and has engendered a rich scholarly debate among domestic administrative law scholars, far less attention has been paid to the simultaneous privatization of what might be called the foreign affairs functions of government. Yet privatization is as significant in the international realm as it is domestically. The United States and other countries now regularly rely on private parties to provide all forms of foreign aid, to perform once sacrosanct diplomatic tasks such as peace negotiations, and even to undertake a wide variety of ...