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Articles 1 - 19 of 19
Full-Text Articles in Law
Women's Rights And The Public Morals Exception Of Gatt Article 20, Liane M. Jarvis
Women's Rights And The Public Morals Exception Of Gatt Article 20, Liane M. Jarvis
Michigan Journal of International Law
The public morals exception in Article XX of the General Agreement on Tariffs and Trade (GATT) could and should be interpreted in accordance with evolving human rights law on women's rights. This clause provides an exception to the general rule that members of the World Trade Organization (WTO) cannot take measures against other Members that would restrict trade. Under Article XX, WTO members may restrict trade for a variety of social reasons, including protecting the environment, preventing prison labor, and otherwise promoting "public morals.” This Note will argue in particular that a nation should be allowed to invoke the public …
Extraditing Israeli Citizens To The United States- Extradition And Citizenship Dilemmas, Yaffa Zilbershats
Extraditing Israeli Citizens To The United States- Extradition And Citizenship Dilemmas, Yaffa Zilbershats
Michigan Journal of International Law
This article will address the problems of extraditing Israeli citizens to the United States from both a normative and substantive perspective. The analysis will lead to a conclusion that the United States and Israel should adopt an amendment to the United States-Israel extradition treaty based on the new provision of the Israeli law regarding the extradition of its citizens. This analysis will also support general conclusions regarding the definitions of extradition and citizenship.
Judicial Education And Training In Asia And The Pacific, J. Clifford Wallace
Judicial Education And Training In Asia And The Pacific, J. Clifford Wallace
Michigan Journal of International Law
This article first explains the chart in Appendix II, which summarizes important parts of the survey responses. Then, some general observations are made based on the results of the survey illustrating the significance of the compiled data. Finally, some recommendations are made, based upon the author's and others' experience, about the future direction of judicial education and training programs as it relates to establishing or reforming such programs in the Asia/Pacific region and beyond.
The Problems With Scorecards: How (And How Not) To Measure The Cost-Effectiveness Of Economic Sanctions, Richard W. Parker
The Problems With Scorecards: How (And How Not) To Measure The Cost-Effectiveness Of Economic Sanctions, Richard W. Parker
Michigan Journal of International Law
This Article looks "beneath the bridge" of sanctions law and policy to investigate these foundational questions. Part I will look briefly behind the currently prevailing estimate for the direct economic cost of high foreign policy export sanctions for the U.S. economy. It will demonstrate that the most widely reported aggregate cost estimate of $15-20 billion per year and 200,000 U.S. jobs lost is unsubstantiated. Moreover, the evidence is clear that environmental trade sanctions, i.e., import restrictions deployed for environmental purposes, have cost U.S. companies and workers virtually nothing. Trade sanctions may impose very significant costs on individual companies, and these …
Post-Cold War International Security Threats: Terrorism, Drugs, And Organized Crime Symposium Transcript, Michigan Journal Of International Law
Post-Cold War International Security Threats: Terrorism, Drugs, And Organized Crime Symposium Transcript, Michigan Journal Of International Law
Michigan Journal of International Law
Symposium transcript.
The New Chemical Weapons Convention And Export Controls: Towards Greater Multilateralism, Urs A. Cipolat
The New Chemical Weapons Convention And Export Controls: Towards Greater Multilateralism, Urs A. Cipolat
Michigan Journal of International Law
The article is structured in five parts. Section I gives an overview of the history of the CWC. Section II focuses on the CWC' s material scope. This discussion is important in order to determine the items that will fall under an eventual export control obligation. Section III presents the main obligations under the CWC, while Section IV deals exclusively with the specific obligations pertaining to export controls. The implementation of these specific obligations-which, for the purposes of this article, are referred to as transfer rules-is the focus of Section V.
International Courts And American Courts, A. Mark Weisburd
International Courts And American Courts, A. Mark Weisburd
Michigan Journal of International Law
This article seeks to deal systematically with a number of issues necessarily raised in any consideration of the relationships between American courts and international tribunals. The first section sets out the facts of Breard. The next discusses the scope of the obligations imposed by the Statute of the ICJ. The third section considers the constitutional questions at least implicit in Breard; in particular, it seeks to address the tantalizing question left open by Holmes in Missouri v. Holland: what is the "different way" in which "qualifications to the treaty-making power" are to be determined? The final substantive …
Trade And Inequality: Economic Justice And The Developing World, Frank J. Garcia
Trade And Inequality: Economic Justice And The Developing World, Frank J. Garcia
Michigan Journal of International Law
This Article attempts to lay the foundation for such a framework in the area of international trade law. More specifically, this Article develops the argument that the principle of special and differential treatment, a key element of the developing world's trade agenda, plays a central role in satisfying the moral obligations that wealthier states owe poorer states as a matter of distributive justice. Seen in this light, the principle of special and differential treatment is more than just a political accommodation: it reflects a moral obligation stemming from the economic inequality among states.
On The Frontier Of Procedural Innovation: Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring
On The Frontier Of Procedural Innovation: Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring
Michigan Journal of International Law
This paper outlines a recent procedural innovation in the tax area, the Advance Pricing Agreement Program ("APA" program), and evaluates its success. Such a case study can play a significant role in linking procedural innovation to the broader issues of administrative law theory and regulatory reform. For example, a working model such as the APA program, built on flexibility and creativity, may support administrative theories advocating discretion, flexibility, and experimentation. Conversely, some interest group theories of regulation (e.g., public choice theory), can prompt critical examination of reforms like APAs that exhibit limited openness to scrutiny. The APA program is an …
Toleration, Autonomy And Respect, Colin J. Harvey
Toleration, Autonomy And Respect, Colin J. Harvey
Michigan Journal of International Law
Review of On Toleration by Michael Walzer
The Desirability Of Agreeing To Disagree: The Wto, Trips, International Ipr Exhaustion And A Few Other Things, Vincent Chiappetta
The Desirability Of Agreeing To Disagree: The Wto, Trips, International Ipr Exhaustion And A Few Other Things, Vincent Chiappetta
Michigan Journal of International Law
This Article proposes a procedural and substantive approach specifically designed to achieve this result. Concerning process, interim national and regional decisionmaking and the multilateral debate must expressly broaden and clarify the values and interests at stake. Three basic operational principles advance this objective. First, comparisons based on IPR labels (patent, copyright, and the like) confuse rather than illuminate. Instead, focus must be on the actual underlying policy justifications and objectives. Second, the full range of implicated justifications (economic and otherwise), including those outside the decision-makers' own norms, must be expressly identified and considered. Finally, any position taken or decision reached …
The Statute Of The International Criminal Court And Third States, Gennady M. Danilenko
The Statute Of The International Criminal Court And Third States, Gennady M. Danilenko
Michigan Journal of International Law
This paper examines the principal legal and political effects of the Rome Statute on non-parties. In particular, it explores the significance of the creation of a new powerful international institution for all members of the international community. It discusses the jurisdictional reach of the ICC which will inevitably affect all States. This paper also analyzes possible application of some provisions of the Rome Statute to non-States Parties in so far as these may reflect or generate customary international law. It suggests that despite the traditional principle of treaty law, according to which treaties do not bind Third States, the Rome …
Racing The Rising Tide: Legal Options For The Marshall Islands, J. Chris Larson
Racing The Rising Tide: Legal Options For The Marshall Islands, J. Chris Larson
Michigan Journal of International Law
This Note first describes the threat posed by accelerated sea-level rise. A review of scientific data shows that global warming causes ocean levels to rise and that RMI may need to be evacuated. The current diplomatic efforts to decrease global warming offer few assurances to RMI. In fact, the countries that have obligated themselves to reduce global warming are actually increasing emissions of gases that cause global warming.
New Era, New Threats: Wrestling With Interstitial Actors, Joshua A. Levy
New Era, New Threats: Wrestling With Interstitial Actors, Joshua A. Levy
Michigan Journal of International Law
Hopefully, the symposium will spark meaningful action toward creating such desperately needed solutions in the intersecting fields of law and national security policy as well as the study of international security law in law schools world-wide. Without such education, continued dialogue, and action, we mark the beginning of the end. With them, however, this world may continue on its road toward becoming a collection of secure democracies, held fast by the rule of law.
Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman
Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman
Michigan Journal of International Law
This Article has four sections. The first recounts the history of the OECD, from its creation as the overseer of the Marshall Plan to its current prominence as global economic analyst, and explains its operations. The second section explores its influence on the development of labor rights, examining the well-known OECD Guidelines for Multinational Enterprises, publications on trade and labor by the Employment, Labor and Social Affairs Directorate, and the events surrounding South Korea's accession to the OECD. Each of these activities, though quite different from one another (and, in combination, very different from the activities of other IGOs), provided …
Time For Final Action On 18 U.S.C. § 3292, Abraham Abramovsky, Jonathan I. Edelstein
Time For Final Action On 18 U.S.C. § 3292, Abraham Abramovsky, Jonathan I. Edelstein
Michigan Journal of International Law
18 U.S.C. § 3292 was enacted in order to meet a compelling prosecutorial need-the increasing necessity of obtaining evidence from abroad via procedures which are frequently time-consuming. However, the statute contains numerous ambiguities, as well as built-in disadvantages both to prosecutors and defendants, which diminish its value as a prosecutorial evidence-gathering device while increasing the possibility that defendants' rights and expectations will be violated. However, it is possible to interpret the statute in a manner which is consistent with its terms and purpose and which concomitantly preserves the rights of the Government and of grand jury targets.
Cultural Resistance To Global Governance, Joel Richard Paul
Cultural Resistance To Global Governance, Joel Richard Paul
Michigan Journal of International Law
This article maps out the terrain in which state actors and legal scholars make claims premised on a cultural exception to justify derogating from international legal norms. The author’s aim is to understand why some of these claimed cultural practices displace international legal norms, while other practices are dismissed as violating international legal norms. Part II will examine this discourse in relation to the rights of women and sexual minorities. This article will show that the international community generally regards gender norms as cultural and the international legal norm of gender equality usually defers to national cultural practices. Part III …
Footprints Of Death: Cluster Bombs As Indiscriminate Weapons Under International Humanitarian Law, Virgil Wiebe
Footprints Of Death: Cluster Bombs As Indiscriminate Weapons Under International Humanitarian Law, Virgil Wiebe
Michigan Journal of International Law
This Article applies these principles of discrimination to the real, rather than idealized, use and characteristics of cluster bombs. Briefly stated, these principles call upon parties to an armed conflict to distinguish between civilians and combatants and to weigh the military advantages of a particular weapon or type of attack against the harm it will do to civilians and civilian objects. This Article also considers briefly the global problem of cluster munitions and examines fundamental components of the discrimination principle as they apply to cluster bombs. As three specific case studies, it analyzes the use of cluster bombs by breakaway …
The New Rules On Cross-Border Tender And Exchange Offers, Business Combinations And Rights Offerings: Competition Or Harmonization?, Julian T. Perlmutter
The New Rules On Cross-Border Tender And Exchange Offers, Business Combinations And Rights Offerings: Competition Or Harmonization?, Julian T. Perlmutter
Michigan Journal of International Law
This note introduces the Cross-Border Rules in the context of the rapidly changing securities markets and highly competitive regulatory systems noted above. It addresses the elements and impact of internationalization on cross-border tender offers and the modern U.S. regulatory response. The SEC has avoided any public moves to harmonize the U.S. system with those of other major capital markets and has instead made incremental changes aimed at maintaining the system's perceived strengths. The Cross-Border Rules represent a somewhat ungainly attempt to placate U.S. investors by bending the Williams Act tender offer rules using exemptions for certain transactions.