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Full-Text Articles in Law

Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan D. Franck Jul 2008

Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan D. Franck

Scholarly Articles

While scholars in the United States increasingly focus on the empirical dimension of legal scholarship, there have been challenges in using empiricism to explore international legal issues. Rather than relying on logic or instinct alone, empirical methodologies can provide scholars with tools to gain new facts, see existing ideas through a different lens, and engage in a more nuanced analysis of international law phenomena. There appears to be a natural synergy between empiricism and international investment treaty dispute resolution. With calls for trade time outs by U.S. presidential candidates, there is interest in how investment treaties function, whether they achieve …


Global Health Care Financing Law: A Useful Concept?, Timothy Stoltzfus Jost Jan 2008

Global Health Care Financing Law: A Useful Concept?, Timothy Stoltzfus Jost

Scholarly Articles

No abstract provided.


Karen E. Woody, Putting Pandora On Trial, 98 J. Crim. L. & Criminology 699 (2008) (Reviewing Mark A. Drumbl, Atrocity, Punishment, And International Law (2007)), Karen E. Woody Jan 2008

Karen E. Woody, Putting Pandora On Trial, 98 J. Crim. L. & Criminology 699 (2008) (Reviewing Mark A. Drumbl, Atrocity, Punishment, And International Law (2007)), Karen E. Woody

Scholarly Articles

In the wake of increasing globalization over the past fifty years, international criminal law has transformed from a toothless shadow into a concrete reality; the International Criminal Court is the most recent and impressive institutional accomplishment. Unfortunately, international criminal law has enjoyed this progress on the heels of increasingly horrific international crimes. International adjudicatory institutions have taken many forms and the sentences they deliver have varied widely. In Atrocity, Punishment, and International Law, Mark Drumbl reviews the strides made in international criminal law from the Nuremberg trials through present-day trials, particularly those related to the crimes committed in Rwanda and …


Consumer Protection In The Americas: A Second Wave Of American Revolutions?, Antonio F. Perez Jan 2008

Consumer Protection In The Americas: A Second Wave Of American Revolutions?, Antonio F. Perez

Scholarly Articles

This article, which draws on the author's experience as a member of the Inter-American Juridical Committee of the Organization of American States, focuses on the problem of crafting an appropriate hemispheric regime for the protection of consumer rights. The subject is now a major element in the agenda of the OAS Specialized Conference on Private International Law (know also under its Spanish acronym as the CIDIP process), in part because of the increased salience of the issue in light of increasing e-commerce. The article, based on the author's presentation at a symposium at the St. Thomas School of Law in …