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Full-Text Articles in Law

The New International Law-Makers? Conferences Of The Parties To Multilateral Environmental Agreements, Annecoos Wiersema Jan 2009

The New International Law-Makers? Conferences Of The Parties To Multilateral Environmental Agreements, Annecoos Wiersema

Michigan Journal of International Law

This Article adds to a nascent and still limited awareness that something important is afoot in international law: the activity of Conferences of the Parties (COPs) to multilateral environmental agreements (MEAs). Some of this activity-such as formal amendments to a treaty or protocol- requires a state party's consent before it will be binding on that state. This activity fits easily within traditional categories of the sources of international law and gives rise to new obligations for states that are identifiable as hard law. However, other activity by COPs does not require the consent of every state party to the treaty …


Public International Law And Its Territorial Imperative, Dino Kritsiotis Jan 2009

Public International Law And Its Territorial Imperative, Dino Kritsiotis

Michigan Journal of International Law

Territory, or the concept of territory, thus asserts itself throughout the discipline of public international law, and its influences can be felt either through direct means or discrete.


Revisiting Germany's Residenzpflicht In Light Of Modern E.U. Asylum Law, Paul Mcdonough Jan 2009

Revisiting Germany's Residenzpflicht In Light Of Modern E.U. Asylum Law, Paul Mcdonough

Michigan Journal of International Law

This Note explores whether the E.C. treaties, nonetheless, provide the European Court of Justice (ECJ) sufficient competence to use the Reception Directive as a vehicle to assess the Residenzpflicht in relation to the Refugee Convention. It concludes that, through the Residenzpflicht, Germany denies refugees lawfully present their Convention right to free movement within its territory, and that the ECJ can order the restoration of this right.


Migration, Development, And The Promise Of Cedaw For Rural Women, Lisa R. Pruitt Jan 2009

Migration, Development, And The Promise Of Cedaw For Rural Women, Lisa R. Pruitt

Michigan Journal of International Law

Part I of this Essay provides an overview of the rural-to-urban migration phenomenon, a trend the author calls the urban juggernaut. This Part includes a discussion of forces compelling the migration, and it also considers consequences for those who are left behind when their family members and neighbors migrate to cities. Part II explores women's roles in food production in the developing world, and it considers the extent to which international development efforts encourage or entail urbanization. Part III attends to the potential of human rights for this population, analyzing the Convention on the Elimination of All Forms of Discrimination …


Asat-Isfaction: Customary International Law And The Regulation Of Anti-Satellite Weapons, David A. Koplow Jan 2009

Asat-Isfaction: Customary International Law And The Regulation Of Anti-Satellite Weapons, David A. Koplow

Michigan Journal of International Law

The argument in this Article proceeds through several steps. As background, Part I outlines the current and projected future human uses of outer space, emphasizing the plethora of civilian and military applications that now rely on satellites. The United States, especially, but other countries, too, are coming to depend on multiple space assets for the performance of a wide array of vital functions; the investment is huge, diverse, and growing, despite the costs and natural perils of operating in the harsh exoatmospheric environment.