Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (9)
- Courts (4)
- Human Rights Law (4)
- International Trade Law (4)
- Comparative and Foreign Law (2)
-
- Organizations Law (2)
- Administrative Law (1)
- Air and Space Law (1)
- Animal Law (1)
- Communications Law (1)
- Contracts (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Dispute Resolution and Arbitration (1)
- Health Law and Policy (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Intellectual Property Law (1)
- Jurisdiction (1)
- Law and Psychology (1)
- Law of the Sea (1)
- Legislation (1)
- Litigation (1)
- Military, War, and Peace (1)
- National Security Law (1)
- Natural Resources Law (1)
- Oil, Gas, and Mineral Law (1)
- Public Law and Legal Theory (1)
- Keyword
-
- Treaties (9)
- Investment (3)
- Tribunals (3)
- War crimes (3)
- World Trade Organization (3)
-
- Arbitration (2)
- Bilateral investment treaties (2)
- Colonialism (2)
- Colonies (2)
- Compliance (2)
- History (2)
- Legitimacy (2)
- Administrative Procedure Act (1)
- Africa (1)
- Al-Jedda v. United Kingdom (1)
- Al-Skeini v. United Kingdom (1)
- Antidumping (1)
- Arbitral awards (1)
- Arbitrary and capricious (1)
- Armed forces (1)
- Atrocities (1)
- Balancing (1)
- Behavior (1)
- Coercion (1)
- Conflicts (1)
- Conservation (1)
- Contractualism (1)
- Cooperation (1)
- Deference (1)
- Detentions (1)
Articles 1 - 16 of 16
Full-Text Articles in Law
Contractualism In The Law Of Treaties, Omar M. Dajani
Contractualism In The Law Of Treaties, Omar M. Dajani
Michigan Journal of International Law
When Henry Sumner Maine famously observed that "the movement of the progressive societies has hitherto been a movement from Status to Contract," he was invoking contract not as a device for binding parties to their commitments but, rather, as a metaphor for freedom. That metaphor lies at the heart of what legal scholars have come to call contractualism (or, sometimes, contractarianism)-the idea that people should be free to decide with whom, for what, and on which terms they enter agreements and that the law should minimize the constraints it places on these decisions. It is a proposition rooted in the …
Do Investment Treaties Prescribe A Deferential Standard Of Review, Anna T. Katselas
Do Investment Treaties Prescribe A Deferential Standard Of Review, Anna T. Katselas
Michigan Journal of International Law
The dramatic rise in foreign investment in recent decades has brought with it a corresponding increase in the number of bilateral investment treaties (BITs) and, in turn, the number of international investment disputes arising under those treaties. Investment treaty arbitration is the predominant method used to settle those disputes and has certain advantages for both foreign investors and host states compared to available alternatives, but it can tread on delicate issues typically within the domaine rieservd of states. The concern about due regard for sovereign interests in this context is far from purely academic. In the past twenty years, the …
Reforming Trade Remedies, Wentong Zheng
Reforming Trade Remedies, Wentong Zheng
Michigan Journal of International Law
This Article aims to restart the debate on trade remedies by offering new perspectives on the fundamental defects of the current trade remedy regime and proposing a bold yet feasible road map for reforms. As shall become clear, the debate on trade remedies is an essential component of the broader debate on trade protectionism, an issue that has never been more important in light of the challenges facing the world economy today. Reforming trade remedies, therefore, has far-reaching implications for the global trade agenda.
Satmed: Legal Aspects Of The Physical Layer Of Satellite Telemedicine, Stephen Rooke
Satmed: Legal Aspects Of The Physical Layer Of Satellite Telemedicine, Stephen Rooke
Michigan Journal of International Law
In 2003, Paul Hunt, the U.N. Commission on Human Rights' Special Rapporteur on the Right to Health, presented a report on the global availability of health care. Special Rapporteur Hunt argued that states are obligated to implement a right to health. Included in this right is the obligation "to ensure that no international agreement or policy adversely impacts upon the right to health, and that .. . international organizations take due account of the right to health, as well as the obligation of international assistance and cooperation, in all policy-making matters." One area Hunt left unexplored in his report was …
Is The Prosecution Of War Crimes Just And Effective? Rethinking The Lessons From Sociology And Psychology, Ziv Bohrer
Is The Prosecution Of War Crimes Just And Effective? Rethinking The Lessons From Sociology And Psychology, Ziv Bohrer
Michigan Journal of International Law
Should perpetrators of genocide, violent acts against civilians during war, or other massive violations of core human rights be punished? International criminal law (ICL) answers this question affirmatively, asserting that the punishment of such atrocities is just and that their effective prosecution can (and should) contribute to the prevention of such future acts. Moreover, an increasing attempt has been made in the international and domestic arenas to act in accordance with these assertions of ICL through the prosecution of war crimes. During the last two decades the role of ICL has become gradually more significant, and the fall of the …
Foreign Investment And Indigenous Peoples: Options For Promoting Equilibrium Between Economic Development And Indigenous Rights, George K. Foster
Foreign Investment And Indigenous Peoples: Options For Promoting Equilibrium Between Economic Development And Indigenous Rights, George K. Foster
Michigan Journal of International Law
The quotations above refer to distinct conflicts that are widely separated by time and geography but remarkably similar in other respects. The first describes events leading to the Black Hills War of 1876, in which the U.S. Army forced the Lakota Sioux and Northern Cheyenne onto reservations to make way for gold mining by non-Indians. The second describes a violent episode in a conflict between native groups and the Peruvian government, which began in 2009 when the government took steps to expand mining and oil operations by multinational enterprises (MNEs) in the Peruvian Amazon. In both cases, outside commercial interests …
Revisiting Extraterritoriality After Al-Skeini: The Echr And Its Lessons, Barbara Miltner
Revisiting Extraterritoriality After Al-Skeini: The Echr And Its Lessons, Barbara Miltner
Michigan Journal of International Law
On July 7, 2011, the European Court of Human Rights, sitting as a Grand Chamber, handed down two long-awaited judgments on the subject of the extraterritorial reach and scope of the European Convention on Human Rights (ECHR). In both Al-Skeini v. United Kingdom and Al-Jedda v. United Kingdom, the underlying issue was whether or not the United Kingdom was bound by its treaty obligations under the ECHR with regard to its military presence in Iraq. Al-Skeini involved the joined claims of six Iraqi nationals whose relatives were killed while allegedly under U.K. jurisdiction in Iraq; they claimed a lack of …
Gsp And Development: Increasing The Effectiveness Of Nonreciprocal Preferences, Matthew G. Snyder
Gsp And Development: Increasing The Effectiveness Of Nonreciprocal Preferences, Matthew G. Snyder
Michigan Journal of International Law
The intellectual foundations of nonreciprocal preferences were first laid out in the 1960s, as several scholars noted developing countries' increasing reliance on highly volatile, low-value-added exports like agricultural and mineral commodities. The Generalized System of Preferences (GSP), which became the mechanism for implementing nonreciprocal preferential market access, was developed in this context. GSP was envisioned as part of a larger development strategy that included import-substitution policies, infant industry protection, and preferential access to developed countries' markets. As GSP granted preferential access over World Trade Organization (WTO) most favored nation (MFN) rates, development economists anticipated that it would provide developing countries' …
Rebalancing Trips, Molly Land
Rebalancing Trips, Molly Land
Michigan Journal of International Law
Application of the World Trade Organization's (WTO) dispute resolution procedures to the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement) has provoked a variety of reactions over time. At its inception, the decision to enforce the treaty through the WTO's dispute resolution process was widely viewed as a loss for developing countries. Many feared it would lead to an explosion of litigation against developing countries and cause distortions in domestic intellectual property (IP) policy making. More recent scholarship, however, has argued that these fears were unfounded. Few disputes before WTO panels have involved violations of the TRIPS Agreement, even …
Private Standardization In Public International Lawmaking, Janelle M. Diller
Private Standardization In Public International Lawmaking, Janelle M. Diller
Michigan Journal of International Law
The interplay between market forces and legal compulsion is as old as the Code of Ur-Nammu, yet the financial incentives for social conformity have never been more patent. In what may be its most ambitious effort yet, the International Organization for Standardization (ISO) recently launched the International Standard ISO 26000:2010 (ISO 26000) on social responsibility (SR), a new voluntary standard providing guidance to any organization on good practices in SR.2 ISO 26000 provides wide-ranging guidance on areas of social and environmental conduct that are relevant to public policy and regulation. The single ISO-branded package offers a new product that markets …
The Boundaries Of Most Favored Nation Treatment In International Investment Law, Tony Cole
The Boundaries Of Most Favored Nation Treatment In International Investment Law, Tony Cole
Michigan Journal of International Law
Contemporary international investment law is characterized by fragmentation. Disputes are heard by a variety of tribunals, which often are constituted solely for the purpose of hearing a single claim. The law applicable in a dispute is usually found in a bilateral agreement, applicable only between the two states connected to the dispute, rather than in a multilateral treaty or customary international law. Moreover, the international investment community itself is profoundly divided on many issues of substantive law, meaning both that the interpretation given to international investment law by a tribunal will be determined largely by those who sit on it, …
Security Council Resolution 1887 And The Quest For Nuclear Disarmament, Usman Ahmed, Raghav Thapar
Security Council Resolution 1887 And The Quest For Nuclear Disarmament, Usman Ahmed, Raghav Thapar
Michigan Journal of International Law
Nuclear weapons pose an increased international threat to security in the modem era. Cheap transportation and the opening of national borders for trade have made it easy for nuclear materials to cross national boundaries. Informal networks have sprouted up, facilitating the proliferation and exchange of nuclear materials and the technology required to turn those materials into weapons. Advances in technology have made it easier to enrich uranium, instilling concerns of increased nuclear weapons proliferation. These changes in technology, the development of informal nuclear networks, and lax security in safeguarding weapons by states such as Russia and Pakistan have fueled global …
Legitimizing International Criminal Justice: The Importance Of Process Control, Nancy Amoury Combs
Legitimizing International Criminal Justice: The Importance Of Process Control, Nancy Amoury Combs
Michigan Journal of International Law
The last two decades have witnessed an astounding transformation of the international legal landscape as the international community has created a series of courts and tribunals to prosecute those accused of genocide, war crimes, and crimes against humanity. As a consequence of this international institution building, prosecutions are currently underway for crimes committed across the globe: in the former Yugoslavia, Bosnia, Sierra Leone, the Democratic Republic of the Congo, and Cambodia, among other places. These international criminal tribunals and particularly the first modern tribunal- the International Criminal Tribunal for the former Yugoslavia (ICTY)-have undergone two significant evolutions. One of these …
Toward A Unified Theory Of Professional Ethics And Human Rights, Jonathan H. Marks
Toward A Unified Theory Of Professional Ethics And Human Rights, Jonathan H. Marks
Michigan Journal of International Law
This Article offers a novel account of the relationship between the ethical obligations of professionals and international human rights law and practice. The account is motivated by the role that professionals played in the Bush administration's "war on terror"-in particular, the global detention and interrogation regimes that incarcerated tens of thousands of detainees, and abused many of them. In the most extreme cases, professionals may have committed serious international crimes rendering them liable to criminal prosecution in foreign courts. Serious concerns have also been raised about the ethics of professionals' conduct. Psychologists were the principal architects of the aggressive detention …
Choosing To Prosecute: Expressive Selection At The International Criminal Court, Margaret M. Deguzman
Choosing To Prosecute: Expressive Selection At The International Criminal Court, Margaret M. Deguzman
Michigan Journal of International Law
The International Criminal Court (ICC), an institution in its infancy, has had occasion to make only a relatively small number of decisions about which defendants and which crimes to prosecute. But virtually every choice it has made has been attacked: the first defendant, Thomas Lubanga, was not senior enough and the crimes with which he was charged-war crimes involving the use of child soldiers-were not serious enough; the Court should have investigated British soldiers for war crimes committed in Iraq; the ICC should not be prosecuting only rebel perpetrators in Uganda and the Democratic Republic of Congo; the Court's focus …
Save Our Sharks: Using International Fisheries Law Within Regional Fisheries Management Organizations To Improve Shark Conservation, Stijn Van Osch
Save Our Sharks: Using International Fisheries Law Within Regional Fisheries Management Organizations To Improve Shark Conservation, Stijn Van Osch
Michigan Journal of International Law
Like many fish, sharks are facing unprecedented overfishing. They have been targeted both directly for their fins and caught accidentally (bycaught) in, for instance, tuna fisheries. This has led to collapsing stocks around the world. Overfishing has led to what has been termed a mass extinction among ocean species, and sharks are no exception-they are in fact especially vulnerable. As a result, many species of sharks are now listed on the Red List of the International Union for Conservation of Nature (IUCN). This problem can only be tackled through coordinated, cooperative action by all states. This Note explores one avenue …