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Articles 1 - 10 of 10
Full-Text Articles in Law
Reconciling Human Rights And Sovereignty: A Framework For Global Property Law, Christopher Saporita
Reconciling Human Rights And Sovereignty: A Framework For Global Property Law, Christopher Saporita
Indiana Journal of Global Legal Studies
No abstract provided.
Judicial Review And International Law, Michel Troper
Judicial Review And International Law, Michel Troper
San Diego International Law Journal
According to common doctrine, the courts, once established, apply the constitution, the principles expressed in the constitution, and also some principles not always expressed but that are thought to be inherent to any legal system, as for example the principle that the State is sovereign. Like the hierarchy of norms, these principles precede the institution of the courts and their jurisprudence, so that they can be used to evaluate them. True, the principles can be vague, but it is considered one of the tasks of constitutional theory to determine their substance before analyzing case law in their light.
Two Case Studies In Self-Determination: The Rock And The Bailiwick, Inge V. Porter
Two Case Studies In Self-Determination: The Rock And The Bailiwick, Inge V. Porter
San Diego International Law Journal
After looking at the concept of self-determination, its history, meaning, and possible future development in Part II, this Paper will develop two case studies. Part III examines the right of self-determination for the people of Gibraltar, analyzing the relevant U.N. resolutions, agreements, treaties, and legislation that have defined the dispute between Great Britain and Spain. For example, Great Britain has ruled the Rock of Gibraltar for 280 years, primarily using it as a military base; but, today, Spain insists that it did not relinquish absolute sovereignty over Gibraltar to the British by the Treaty of Utrecht in 1713. Part IV …
Resolving Sovereignty-Based Conflicts: The Emerging Approach Of Earned Sovereignty, Paul Williams
Resolving Sovereignty-Based Conflicts: The Emerging Approach Of Earned Sovereignty, Paul Williams
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Earned Sovereignty: The Road To Resolving The Conflict Over Kosovo's Final Status, Paul Williams
Earned Sovereignty: The Road To Resolving The Conflict Over Kosovo's Final Status, Paul Williams
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Subsidiarity As A Structural Principle Of International Human Rights Law, Paolo G. Carozza
Subsidiarity As A Structural Principle Of International Human Rights Law, Paolo G. Carozza
Journal Articles
This article argues that the principle of subsidiarity should be recognized as a structural principle of international human rights law primarily because of the way that it mediates between the universalizing aspirations of human rights and the fact of the diversity of human communities in the world. The idea of subsidiarity is deeply consonant with the substantive vision of human dignity and the universal common good that is expressed through human rights norms. Yet, at the same time it promotes respect for pluralism by emphasizing the freedom of more local communities to realize their own ends for themselves.
Looking at …
Earned Sovereignty: The Political Dimension, James Hooper, Paul Williams
Earned Sovereignty: The Political Dimension, James Hooper, Paul Williams
Articles in Law Reviews & Other Academic Journals
There are currently over fifty sovereignty-based conflicts throughout the world, and nearly a third of the Specially Designated Global Terrorists listed by the United States Treasury Department are associated with sovereignty-based conflicts and self-determination movements. To date, the "sovereignty first" international response to these conflicts has been unable to stem the tide of violence, and in many instances may have contributed to further outbreaks of violence. This article will argue that the "sovereignty first" doctrine is slowly being supplemented by a new conflict resolution approach which we dub "earned sovereignty."
Sovereignty - Modern: A New Approach To An Outdated Concept, John H. Jackson
Sovereignty - Modern: A New Approach To An Outdated Concept, John H. Jackson
Georgetown Law Faculty Publications and Other Works
This article, however, does not purport to cover all possible dimensions of sovereignty but, instead, focuses primarily on what might be thought of as the core of sovereignty - the "monopoly of power" dimension - although it will be clear that even this focus inevitably entails certain linkages and "slop-over penumbra" of the other sovereignty dimensions. This "core" dimension is examined in the context of its roles with respect to international law and institutions generally, and international relations and related disciplines such as economics. National government leaders and politicians, as well as special interest representatives, too often invoke the term …
Assessing Sovereign Interests In Cross-Border Discovery Disputes: Lessons From Aerospatiale, Hannah Buxbaum
Assessing Sovereign Interests In Cross-Border Discovery Disputes: Lessons From Aerospatiale, Hannah Buxbaum
Articles by Maurer Faculty
The Hague Evidence Convention addresses a particular kind of jurisdictional conflict: the conflict between one nation's issuance of extraterritorial discovery orders and another nation's right to govern discovery activity taking place within its territory. The particular mechanisms that the Convention establishes for use in cross-border discovery proceedings, and the compromises between civil-law and common-law procedures for evidence gathering that it embodies, were effected with that system goal in mind. In Aerospatiale, the Supreme Court considered the scope of the Convention's application, addressing the interaction of Convention procedures and pre-existing federal rules on evidence gathering. As portions of the decision make …
Earned Sovereignty: The Political Dimension, James R. Hooper Iii, Paul R. Williams
Earned Sovereignty: The Political Dimension, James R. Hooper Iii, Paul R. Williams
Paul Williams
There are currently over fifty sovereignty-based conflicts throughout the world, and nearly a third of the Specially Designated Global Terrorists listed by the United States Treasury Department are associated with sovereignty-based conflicts and self-determination movements. To date, the "sovereignty first" international response to these conflicts has been unable to stem the tide of violence, and in many instances may have contributed to further outbreaks of violence. This article will argue that the "sovereignty first" doctrine is slowly being supplemented by a new conflict resolution approach which we dub "earned sovereignty."