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Articles 1 - 30 of 39
Full-Text Articles in Law
Unsex Cedaw: What's Wrong With "Women's Rights", Darren Rosenblum
Unsex Cedaw: What's Wrong With "Women's Rights", Darren Rosenblum
International & Comparative Law Colloquium Papers
Although the Convention on the Elimination of All Forms of Discrimination against Women (“CEDAW” or the “Convention”) has succeeded in some respects, even its supporters acknowledge broad failures. CEDAW’s weakness draws on the titular mistaken diagnosis: “women” are not the issue&#;gender disparities are. The 1970’s drafting of CEDAW focused on bringing women to their place at the international law table. What’s wrong with women’s rights? In the international context, CEDAW attempts to empower women but fails to respect other gender inequality. As the preeminent treaty on gender inequality, CEDAW cannot succeed in creating gender equality if its scope remains limited …
Book Review: The Iraq War And International Law, Maxwell O. Chibundu
Book Review: The Iraq War And International Law, Maxwell O. Chibundu
Faculty Scholarship
A review of The Iraq War and International Law edited by Phil Shiner and Andrew Williams. Oxford, Hart Publishing, 2008.
The Universal Declaration And Developments In The Enforcement Of International Human Rights In Domestic Law, Michael Van Alstine
The Universal Declaration And Developments In The Enforcement Of International Human Rights In Domestic Law, Michael Van Alstine
Maryland Journal of International Law
No abstract provided.
Introduction Of Chief Justice Arthur Chaskalson, Clinton Bamberger
Introduction Of Chief Justice Arthur Chaskalson, Clinton Bamberger
Maryland Journal of International Law
No abstract provided.
The Influence Of The Universal Declaration As Law, John Dugard
The Influence Of The Universal Declaration As Law, John Dugard
Maryland Journal of International Law
No abstract provided.
Economic And Social Rights: Reflection To Celebrate The 60th Anniversary Of The Declaration Of Human Rights, Steve Kahanovitz
Economic And Social Rights: Reflection To Celebrate The 60th Anniversary Of The Declaration Of Human Rights, Steve Kahanovitz
Maryland Journal of International Law
No abstract provided.
The Past And Future Of The Separation Of Human Rights Into Categories, Stephen P. Marks
The Past And Future Of The Separation Of Human Rights Into Categories, Stephen P. Marks
Maryland Journal of International Law
No abstract provided.
Human Rights And The Global Economy: Bringing Labor Rights Back In, Shareen Hertel
Human Rights And The Global Economy: Bringing Labor Rights Back In, Shareen Hertel
Maryland Journal of International Law
No abstract provided.
International Human Rights And The International Law Project: The Revolving Door Of Academic Discourse And Practitioner Politics, Maxwell O. Chibundu
International Human Rights And The International Law Project: The Revolving Door Of Academic Discourse And Practitioner Politics, Maxwell O. Chibundu
Maryland Journal of International Law
No abstract provided.
International Law, Human Rights And The Transformative Occupation Of Iraq, Peter G. Danchin
International Law, Human Rights And The Transformative Occupation Of Iraq, Peter G. Danchin
Faculty Scholarship
This chapter examines the project of transformative occupation undertaken by the United States and its allies following the invasion of Iraq in 2003. More specifically, it considers the Iraqi occupation in light of two competing sensibilities in international legal argument. On one view, which I term “legal formalism”, the purpose of international law is eclectic, intersubjective and value-pluralist: to create the conditions for peaceful coexistence between different political orders and ways of life. This view is commonly associated with the liberalism of the United Nations Charter which posits both the subject of international law and its liberty in formal terms …
Whose Public? Which Law? Mapping The Internal/External Distinction In International Law, Peter G. Danchin
Whose Public? Which Law? Mapping The Internal/External Distinction In International Law, Peter G. Danchin
Faculty Scholarship
This chapter challenges and problematizes the convergence thesis between sovereignty and human rights which is argued to rest on only a partial understanding of the liberal tradition in international law, a position commonly referred to as “liberal anti-pluralism.” While relying on a contingent and thus contestable conception of individual autonomy, liberal anti-pluralist accounts do not in fact seek to challenge the rationale for public law or public reason itself. To the contrary, such accounts advance a vision of “universal” or “global” social order governed by a “neutral” public law which limits the freedom of its subjects pursuant to the single …
The Universal Declaration And Developments In The Enforcement Of International Human Rights In Domestic Law, Michael P. Van Alstine
The Universal Declaration And Developments In The Enforcement Of International Human Rights In Domestic Law, Michael P. Van Alstine
Faculty Scholarship
No abstract provided.
The Universal Declaration And South African Constitutional Law: A Response To Justice Arthur Chaskalson, Peter E. Quint
The Universal Declaration And South African Constitutional Law: A Response To Justice Arthur Chaskalson, Peter E. Quint
Faculty Scholarship
No abstract provided.
60 Years Of The Basic Law And Its Interpretation: An American Perspective, Peter E. Quint
60 Years Of The Basic Law And Its Interpretation: An American Perspective, Peter E. Quint
Faculty Scholarship
In commemoration of the 60th anniversary of the adoption of the German Basic Law (Constitution) , the author discusses certain aspects of the Basic Law, in comparison with the Constitution of the United States, and examines important developments in the jurisprudence if the German Constitutional Court interpreting the Basic Law.
Book Review: Fresh Perspectives On The "War On Terror", Katherine Vaughns
Book Review: Fresh Perspectives On The "War On Terror", Katherine Vaughns
Faculty Scholarship
No abstract provided.
The Background Principles And Core Contents Of The Real Right Law Of The People's Republic Of China, Zhu Yan
The Background Principles And Core Contents Of The Real Right Law Of The People's Republic Of China, Zhu Yan
Maryland Series in Contemporary Asian Studies
No abstract provided.
"All That Glitters Is Not Gold": Tibet As A Pseudo-State, Barry Sautman
"All That Glitters Is Not Gold": Tibet As A Pseudo-State, Barry Sautman
Maryland Series in Contemporary Asian Studies
No abstract provided.
Positive Equilibrium In U.S. - China Relations: Durable Or Not? A Time Of "Testing" In Sino-American Relations, Robert Sutter
Positive Equilibrium In U.S. - China Relations: Durable Or Not? A Time Of "Testing" In Sino-American Relations, Robert Sutter
Maryland Series in Contemporary Asian Studies
No abstract provided.
Dancing With The Dragon: What U.S. Parties Should Know About Chinese Law When Drafting A Contractual Dispute Resolution Clause, Marcus Wang
Student Articles and Papers
This paper draws on scholarly and field research in both the United States and China to present a legal and practical primer for U.S. parties entering the Chinese marketplace.
As China's role in the global economy becomes more prominent, American companies are finding that doing business in China is necessary to retaining a competitive edge. As the number of transactions between American and Chinese companies increases, however, the number of potential disputes increases correspondingly. Unique legal and practical circumstances in China require a China-specific approach to managing such disputes.
The paper identifies one such approach – the use of a …
Positivism, New Haven Jurisprudence, And The Fragmentation Of International Law, Tai-Heng Cheng
Positivism, New Haven Jurisprudence, And The Fragmentation Of International Law, Tai-Heng Cheng
International & Comparative Law Colloquium Papers
This Article addresses the fragmentation of international law and international legal theory. This problem has become increasingly acute. As international interactions have increased exponentially among a broad range of domestic and international actors, the need to coordinate and regulate international actions has correspondingly intensified. Because actors cannot seem to agree on what international law is, consensus on applicable international laws and legal behavior often remains elusive. Using positivism and policy-oriented jurisprudence – two major theories of international law – as foci of inquiry, this Article demonstrates that the gulf between the two international legal theories are not really meaningful conceptual …
New Modes And Orders: Is A Jus Post Bellum Of Constitutional Transformation Possible Or Desirable?, Nahal Bhuta
New Modes And Orders: Is A Jus Post Bellum Of Constitutional Transformation Possible Or Desirable?, Nahal Bhuta
International & Comparative Law Colloquium Papers
No abstract provided.
Who Is The "Human" In Human Rights? The Claims Of Culture And Religion, Peter G. Danchin
Who Is The "Human" In Human Rights? The Claims Of Culture And Religion, Peter G. Danchin
Maryland Journal of International Law
No abstract provided.
The Specter Of Violence That Haunts The Udhr: The Turn To Ethics And Expertise, Vasuki Nesiah
The Specter Of Violence That Haunts The Udhr: The Turn To Ethics And Expertise, Vasuki Nesiah
Maryland Journal of International Law
No abstract provided.
Why So Slow: A Comparative View Of Women's Political Leadership, Paula A. Monopoli
Why So Slow: A Comparative View Of Women's Political Leadership, Paula A. Monopoli
Maryland Journal of International Law
No abstract provided.
Dignity And Justice For All, Arthur Chaskalson
Dignity And Justice For All, Arthur Chaskalson
Maryland Journal of International Law
No abstract provided.
Sixty Years On: The International Human Rights Movement Today, Penny Andrews
Sixty Years On: The International Human Rights Movement Today, Penny Andrews
Maryland Journal of International Law
No abstract provided.
Taking Stock Of The Human Rights Agenda Sixty Years On, Mary Robinson
Taking Stock Of The Human Rights Agenda Sixty Years On, Mary Robinson
Maryland Journal of International Law
No abstract provided.
A Few Random Thoughts About Socio-Economic "Rights" In The United States In Light Of The 2008 Financial Meltdown, Taunya Lovell Banks
A Few Random Thoughts About Socio-Economic "Rights" In The United States In Light Of The 2008 Financial Meltdown, Taunya Lovell Banks
Maryland Journal of International Law
Socio-economic rights, first articulated in the Universal Declaration of Human Rights (UDHR) sixty years ago, are regaining currency. Legal practitioners around the world, emboldened by emerging constitutional democracies in Eastern Europe and South Africa that constitutionalized socio-economic rights, are actively seeking to enforce these rights. The UDHR "reaffirm [ed] faith in fundamental human rights, in the dignity and worth of the human person," and served as the basis for the International Covenant on Economic, Social and Cultural Rights (ICESCR). Among those rights included in the Covenant are housing, food, and healthcare.
The Universal Declaration And South African Constitutional Law: A Response To Justice Arthur Chaskalson, Peter E. Quint
The Universal Declaration And South African Constitutional Law: A Response To Justice Arthur Chaskalson, Peter E. Quint
Maryland Journal of International Law
No abstract provided.
The International Human Rights Movement Today, Balakrishnan Rajagopal
The International Human Rights Movement Today, Balakrishnan Rajagopal
Maryland Journal of International Law
No abstract provided.