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Full-Text Articles in Law

Reconstruing Wto Legitimacy Debates, Michael Fakhri Oct 2011

Reconstruing Wto Legitimacy Debates, Michael Fakhri

Notre Dame Journal of International & Comparative Law

There is an emerging consensus that the WTO is in grave need of institutional redesign. For the last fifteen years, questions of WTO institutional reform have been framed as a matter of improving the WTO’s legitimacy. This Article suggests that thinking about WTO redesign as a matter of improving its legitimacy limits our ability to fundamentally appreciate what the WTO’s function and purpose is and conceptualize what it should be. It would be more useful to know what is exactly at stake and what have been the social, political, and economic implications of the legitimacy debate thus far. The legitimacy …


Rising Together: Clarifying The International Environmental Marketing Claim Regulatory Landscape So That Developing Country Exporters May More Effectively Market Their Environmentally Responsible Products, Jeffrey J. Minneti Oct 2011

Rising Together: Clarifying The International Environmental Marketing Claim Regulatory Landscape So That Developing Country Exporters May More Effectively Market Their Environmentally Responsible Products, Jeffrey J. Minneti

Notre Dame Journal of International & Comparative Law

No abstract provided.


Assessing The Relevancy And Efficacy Of The United Nations Convention Against Corruption: A Comparative Analysis, Ophelie Brunelle-Quraishi Oct 2011

Assessing The Relevancy And Efficacy Of The United Nations Convention Against Corruption: A Comparative Analysis, Ophelie Brunelle-Quraishi

Notre Dame Journal of International & Comparative Law

The United Nations Convention Against Corruption (adopted in 2003) is the first global in-depth treaty on corruption. This work attempts to assess its significance by analyzing its provisions, in particular, those concerning the areas of prevention, criminalization, and asset recovery. It then seeks to assess its relevancy and effectiveness by giving an overview of the UNCAC’s main compliance challenges, as well as other existing initiatives that tackle corruption. Two types of compliance challenges are suggested throughout this work: direct and indirect compliance challenges. Among direct compliance challenges are the treaty’s language, the existence of sanctions, and its monitoring mechanism. Indirect …


The Genocide Convention And Unprotected Groups: Is The Scope Of Protection Expanding Under Customary International Law?, David Shea Bettwy Oct 2011

The Genocide Convention And Unprotected Groups: Is The Scope Of Protection Expanding Under Customary International Law?, David Shea Bettwy

Notre Dame Journal of International & Comparative Law

No abstract provided.


Letter From The Editors, Trevor Jack, Jolie Schwarz May 2011

Letter From The Editors, Trevor Jack, Jolie Schwarz

Notre Dame Journal of International & Comparative Law

With the establishment of this journal, NDLS joins the ranks of dozens of top law schools with international law journals and we hope this journal will contribute to the development and appreciation of international, comparative and human rights law.


Human Rights Aspirations, Professional Obligations: Practitioner Survey On The Ethics Of Domestic Human Rights, Beth Lyon May 2011

Human Rights Aspirations, Professional Obligations: Practitioner Survey On The Ethics Of Domestic Human Rights, Beth Lyon

Notre Dame Journal of International & Comparative Law

This article examines the little-explored ethical dimensions of an important trend toward the use of international law in U.S. civil rights and social justice advocacy. Internationalized civil rights work, described here as “domestic human rights,” is a growing practice area that plays out in a unique ethical context that has received little academic attention. An important first step toward generalizing about the ethical issues arising in domestic human rights advocacy is to learn about the current state of practice, and to begin that project, the author carried out an advocate survey. The goal of the survey was to gain insight …


What Nations Are Doing About Immigrant Workers In Downturn Economies: Examining And Comparing The Recent Treatment Of Immigrant Workers In The United States And Spain, María Pabón López May 2011

What Nations Are Doing About Immigrant Workers In Downturn Economies: Examining And Comparing The Recent Treatment Of Immigrant Workers In The United States And Spain, María Pabón López

Notre Dame Journal of International & Comparative Law

No abstract provided.


How Effective The International Criminal Court Has Been: Evaluating The Work And Progress Of The International Criminal Court, Moses Retselisitsoe Phooko May 2011

How Effective The International Criminal Court Has Been: Evaluating The Work And Progress Of The International Criminal Court, Moses Retselisitsoe Phooko

Notre Dame Journal of International & Comparative Law

There are serious challenges facing the International Criminal Court (ICC). Two of these hindrances are that: firstly, the ICC has been accused of only targeting the African continent; and secondly, the Rome Statute of the International Criminal Court (Rome Statute) has no enforcement mechanism against the state parties who refuse to cooperate with the court. In light of these challenges, the question is whether the ICC would be able to meet the expectations of the international community. The significance of this study is to contribute to the effort of making the ICC an independent, credible and effective tribunal to end …


Masthead Volume 1 May 2011

Masthead Volume 1

Notre Dame Journal of International & Comparative Law

No abstract provided.


A United Nations Instrument To Regulate And Monitor Private Military And Security Contractors, José L. Gómez Del Prado May 2011

A United Nations Instrument To Regulate And Monitor Private Military And Security Contractors, José L. Gómez Del Prado

Notre Dame Journal of International & Comparative Law

Member States of the United Nations (U.N.) are responsible for taking appropriate measures to prevent, investigate, punish, and provide effective remedies for relevant misconduct of private military and security companies (PMSCs) and their personnel; their responsibilities fully remain, even if States have chosen to contract out certain security functions. The widespread outsourcing of military and security functions to private companies in situations of low-intensity conflicts, international relief, and contingency operations has been a major phenomenon in the past twenty years. The grave human rights violations in which they have been involved in Iraq and Afghanistan have been the focus of …


Realizing The International Human Right To Health For Non-Citizens In The United States, Eleanor D. Kinney May 2011

Realizing The International Human Right To Health For Non-Citizens In The United States, Eleanor D. Kinney

Notre Dame Journal of International & Comparative Law

No abstract provided.


The Case Of Detainees Tortured In The Name Of National Security And The "War On Terror:" Are They Entitled To Reparations?, Julie Dubé Gagnon May 2011

The Case Of Detainees Tortured In The Name Of National Security And The "War On Terror:" Are They Entitled To Reparations?, Julie Dubé Gagnon

Notre Dame Journal of International & Comparative Law

Between 2001 and 2009, the United States of America (U.S.) allegedly committed acts of torture initiated at high levels of the government and carried out by the U.S. military, the CIA, and private contractors in territories under U.S. control (Guantanamo Bay, Iraq and Afghanistan), in secret prisons abroad allowed by a policy of extraordinary renditions. The grand majority of the torture victims are not U.S. citizens, nor residents of this country. This paper concludes that the alleged victims of torture have a right to reparations under international human rights law and that the U.S.’s responses to such allegations thus far …


Volume 2 Masthead Jan 2011

Volume 2 Masthead

Notre Dame Journal of International & Comparative Law

No abstract provided.


Letter From The Editor, Manasi Raveendran Jan 2011

Letter From The Editor, Manasi Raveendran

Notre Dame Journal of International & Comparative Law

No abstract provided.