Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (10)
- International Humanitarian Law (4)
- Military, War, and Peace (4)
- Legal History (3)
- Constitutional Law (2)
-
- Environmental Law (2)
- Human Rights Law (2)
- Law of the Sea (2)
- Organizations Law (2)
- Transnational Law (2)
- Banking and Finance Law (1)
- Courts (1)
- Dispute Resolution and Arbitration (1)
- European Law (1)
- Immigration Law (1)
- Indigenous, Indian, and Aboriginal Law (1)
- International Trade Law (1)
- Juvenile Law (1)
- Labor and Employment Law (1)
- Law and Race (1)
- Legal Writing and Research (1)
- Natural Resources Law (1)
- Property Law and Real Estate (1)
- Public Law and Legal Theory (1)
- Rule of Law (1)
- Water Law (1)
- Institution
Articles 1 - 26 of 26
Full-Text Articles in Law
The European Union's Common Foreign And Security Policy: It Is Not Far From Maastricht To Amsterdam, Daniel T. Murphy
The European Union's Common Foreign And Security Policy: It Is Not Far From Maastricht To Amsterdam, Daniel T. Murphy
Vanderbilt Journal of Transnational Law
The radical shift in and expansion of the concepts of European law wrought by the now more than five-year-old Treaty on European Union (TEU) are not fully appreciated in the United States. Until the TEU of 1992, European law was bounded by the reasonably well-defined and understood contours of the Treaty of Rome and its amendments. The expressly political TEU added new dimensions to European law, the relationships among the Member States, and the scope of activities to be pursued by the European Union. This expansion was accomplished through, among other provisions, (1) the TEU's monetary union provisions; (2) its …
Ocean Ecosystem Stewardship, W. M. Von Zharen
Ocean Ecosystem Stewardship, W. M. Von Zharen
William & Mary Environmental Law and Policy Review
No abstract provided.
Nongovernmental Organizations And International Humanitarian Law, Ved Nanda
Nongovernmental Organizations And International Humanitarian Law, Ved Nanda
International Law Studies
No abstract provided.
Mai: A European View, Patrick Juillard
Mai: A European View, Patrick Juillard
Cornell International Law Journal
No abstract provided.
De-Fanging The Mai, Mark Vallianatos
De-Fanging The Mai, Mark Vallianatos
Cornell International Law Journal
No abstract provided.
Sovereignty By Subtraction: The Multilateral Agreement On Investment, Robert Stumberg
Sovereignty By Subtraction: The Multilateral Agreement On Investment, Robert Stumberg
Cornell International Law Journal
No abstract provided.
Towards A Multilateral Agreement On Investment, Rainer Geiger
Towards A Multilateral Agreement On Investment, Rainer Geiger
Cornell International Law Journal
No abstract provided.
The Inevitability Of National Treatment Of Foreign Direct Investment With Increasingly Few And Narrow Exceptions, Don Wallace Jr., David B. Bailey
The Inevitability Of National Treatment Of Foreign Direct Investment With Increasingly Few And Narrow Exceptions, Don Wallace Jr., David B. Bailey
Cornell International Law Journal
No abstract provided.
Anticipatory Collective Self-Defense In The Charter Era: What The Treaties Have Said, George K. Walker
Anticipatory Collective Self-Defense In The Charter Era: What The Treaties Have Said, George K. Walker
Cornell International Law Journal
No abstract provided.
Globalization And The United States Constitution: How Much Can It Accommodate, James M. Boyers
Globalization And The United States Constitution: How Much Can It Accommodate, James M. Boyers
Indiana Journal of Global Legal Studies
No abstract provided.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recently received by the Michigan Law Review.
How To Constitutionalize International Law And Foreign Policy For The Benefit Of Civil Society?, Ernst-Ulrich Petersmann
How To Constitutionalize International Law And Foreign Policy For The Benefit Of Civil Society?, Ernst-Ulrich Petersmann
Michigan Journal of International Law
All societies have adopted rules in order to reconcile conflicts among the short-term interests of their citizens with their common long-term interests. All societies have learned that rule-making and rule-enforcement require government powers, as well as "checks and balances" against abuses of such powers. Constitutionalism has emerged as the most important human invention for protecting equal rights of the citizens against such abuses. It rests on the rationality of Ulysses who, when approaching the island of the sirens and knowing of their dangers, ordered his companions to bind him to the mast and not to release him under any circumstances.' …
Recommended Measures Under The Antarctic Treaty: Hardening Compliance With Soft International Law, Christopher C. Joyner
Recommended Measures Under The Antarctic Treaty: Hardening Compliance With Soft International Law, Christopher C. Joyner
Michigan Journal of International Law
This article examines the process by which ATCM recommended measures are created, the status of these instruments under international law, and the implementation record by Antarctic Treaty governments for these instruments since 1961.
Does The Emperor Have No Clothes? Enforcement Of International Laws Protecting The Marine Environment, David S, Ardia
Does The Emperor Have No Clothes? Enforcement Of International Laws Protecting The Marine Environment, David S, Ardia
Michigan Journal of International Law
This article examines existing structures and mechanisms for the enforcement of international environmental laws, particularly international laws that must confront violations on the high seas in order to protect marine organisms. Although the tenor of the present analysis is general, many of the most influential international marine agreements to date are highlighted, including the Third United Nations Conference on the Law of the Sea, the Convention on Future Multilateral Co-Operation in the Northwest Atlantic Fisheries, and the United Nations Agreement on the Conservation and Management of Straddling Fish Stock and Highly Migratory Fish Stock.
Proceedings Of The Seminar
Maryland Journal of International Law
No abstract provided.
International Treaties And Constitutional Systems Of The United States, Mexico And Canada - Foreword: Proceedings Of The Seminar On International Treaties And Constitutional Systems Of The United States, Mexico And Canada: Laboring In The Shadow Of Regional Integration, Marley S. Weiss
Maryland Journal of International Law
No abstract provided.
Tadić, The Anonymous Witness And The Sources Of International Procedural Law, Natasha A. Affolder
Tadić, The Anonymous Witness And The Sources Of International Procedural Law, Natasha A. Affolder
Michigan Journal of International Law
This article explores the Trial Chamber's decision to allow the use of anonymous testimony as a protective measure in the wake of the final judgment in the Tadić trial. This initial decision, granting the prosecutor's request for protective measures including the withholding of four witnesses' identities from the accused, formed a precedent upon which later rulings for protective measures relied, both throughout the Tadić case and in subsequent cases before the International Tribunal.
The Fractured Soul Of The Dayton Peace Agreement: A Legal Analysis, Fionnuala Ni Aolain
The Fractured Soul Of The Dayton Peace Agreement: A Legal Analysis, Fionnuala Ni Aolain
Michigan Journal of International Law
This essay examines the substantial bilateral relationships between the domestic and international legal systems that have had enormous effects on the perception and efficacy of the local legal order. In particular, it charts the effect of the International Tribunal for the Former Yugoslavia on local legal culture and the potential for greater liaison and support between local and international legal entities. This essay also notes the extent to which overlapping and confused mandates by a myriad of international organizations, many of which exercise legal functions, have been unresponsive to or dismissive of localized capacity.
Reappraising Policy Objections To Humanitarian Intervention, Dino Kritsiotis
Reappraising Policy Objections To Humanitarian Intervention, Dino Kritsiotis
Michigan Journal of International Law
This article's purpose is not to search for particular conclusions as to the substantive merit or the present legal status of the right of humanitarian intervention as defined and in view of this seeming tension between recent practice and established principle. Its governing concern, rather, lies with: fundamental principles of analysis and method; the formal sources of public international law consulted in the examination of the validity of humanitarian intervention; how normative determinations are reached in the first place; and the techniques which are adopted in navigating our course to these ends.
The Right To Return Under International Law Following Mass Dislocation: The Bosnia Precedent?, Eric Rosand
The Right To Return Under International Law Following Mass Dislocation: The Bosnia Precedent?, Eric Rosand
Michigan Journal of International Law
On the night of May 2, 1997, some twenty-five abandoned Serb houses were set on fire in the Croat-controlled municipality of Drvar, part of the Muslim-Croat Federation of Bosnia and Herzegovina. It was clear from all the circumstances that Croats organized the arson of houses in Drvar to obstruct the return of the original Serb residents to the area. Croat authorities then made a concerted effort to resettle displaced Croats in Drvar in order to solidify a stretch of "ethnically-pure" territory adjacent to the Republic of Croatia. These displaced Bosnian Serbs are just a few of the estimated 2.3 million …
State Successions And Statelessness: The Emerging Right To An Effective Nationality Under International Law, Jeffrey L. Blackman
State Successions And Statelessness: The Emerging Right To An Effective Nationality Under International Law, Jeffrey L. Blackman
Michigan Journal of International Law
This paper surveys some of the recent developments in international law relating to nationality and state succession, and suggests a growing convergence among several legal principles-specifically the principle of effective nationality, the individual right to a nationality and the corresponding duty of states to prevent statelessness, and the norm of nondiscrimination. At some point this convergence of such diverse areas of law as nationality, diplomatic protection, and human rights will impose positive duties on successor states with respect to their inherited populations: namely the duty to secure effective nationality for persons affected by state succession.
Procedural Issues In Wto Dispute Resolution, Peter Lichtenbaum
Procedural Issues In Wto Dispute Resolution, Peter Lichtenbaum
Michigan Journal of International Law
This article identifies particularly significant procedural issues that are arising in WTO dispute resolution and comments on the possible evolutionary paths of the law. This task requires that the article strike a balance between breadth of coverage and depth of coverage. As a result, the article does not aim to provide a complete discussion of all aspects of the WTO dispute resolution system and generally does not discuss issues that have not been addressed by WTO panels. The article does not seek to provide an exhaustive analysis of each issue discussed, and therefore deals briefly with the background under the …
Global Oceans Plitics: The Decision Process At The Third United Nations Conference On The Law Of The Sea, 1973-1982, Louis B. Sohn
Global Oceans Plitics: The Decision Process At The Third United Nations Conference On The Law Of The Sea, 1973-1982, Louis B. Sohn
Michigan Journal of International Law
Review of Global Oceans Politics: The Decision Process at the Third United Nations Conference on the Law of the Sea, 1973-1982 by Edward L. Miles
Sustainable Liberalism And The International Investment Regime, Kenneth J. Vandevelde
Sustainable Liberalism And The International Investment Regime, Kenneth J. Vandevelde
Michigan Journal of International Law
Since 1995, the Organization for Economic Cooperation and Development has been sponsoring negotiation of a multilateral agreement on investment. Several multilateral agreements protecting foreign investment already exist, although these are limited in their applicability to certain regions or sectors of the economy. This article argues that the consensus is not necessarily permanent, but reflects the momentary confluence of several political and economic trends. It concludes that, if the consensus is to be maintained, then States must use this moment to ensure the success of liberalism, rather than to seize temporary economic advantage. In essence, if a liberal investment regime is …
Jurisprudence Of The Committee On The Rights Of The Child: A Guide For Research And Analysis, Cynthia Price Cohen, Susan Kilbourne
Jurisprudence Of The Committee On The Rights Of The Child: A Guide For Research And Analysis, Cynthia Price Cohen, Susan Kilbourne
Michigan Journal of International Law
The purpose of this article and the attached tables is to give child rights advocates and scholars: 1) a bird's-eye view of the Convention and its implementation mechanism; 2) an introduction to the jurisprudence that is being developed as governments begin to put the Convention into effect; and 3) a guide to assist in research and analysis of the developing jurisprudence of the Committee on the Rights of the Child.
Chicana/Chicano Land Tenure In The Agrarian Domain: On The Edge Of A "Naked Knife", Guadalupe T. Lunda
Chicana/Chicano Land Tenure In The Agrarian Domain: On The Edge Of A "Naked Knife", Guadalupe T. Lunda
Michigan Journal of Race and Law
Neither sovereignty nor property rights could forestall American geopolitical expansion in the first half of the nineteenth century. The conflicts that resulted from this clash of doctrine with desire are perhaps most evident in the history of the Chicanas/Chicanos of Texas, California, and the Southwest, who sought to maintain their land and property, as guaranteed by the Treaty of Guadalupe Hidalgo, in the aftermath of the U.S.- Mexico War. Integrating an exploration of case law with political and social histories of the period, the Author explores the sociolegal significance of Chicana/Chicano land dispossession; exposes the racial, economic, and political motivations …