Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (81)
- Human Rights Law (18)
- Military, War, and Peace (18)
- Comparative and Foreign Law (11)
- International Trade Law (11)
-
- National Security Law (10)
- Social and Behavioral Sciences (9)
- Constitutional Law (8)
- International Humanitarian Law (8)
- Law and Politics (8)
- Transnational Law (8)
- Dispute Resolution and Arbitration (7)
- Environmental Law (7)
- Criminal Law (6)
- Immigration Law (6)
- Political Science (6)
- Conflict of Laws (5)
- Intellectual Property Law (5)
- Indigenous, Indian, and Aboriginal Law (4)
- International Relations (4)
- Judges (4)
- Jurisprudence (4)
- Public Affairs, Public Policy and Public Administration (4)
- Admiralty (3)
- Arts and Humanities (3)
- Civil Rights and Discrimination (3)
- Communication (3)
- Courts (3)
- History (3)
- Institution
-
- Selected Works (22)
- University of Georgia School of Law (12)
- University of Colorado Law School (7)
- University of Miami Law School (7)
- SelectedWorks (5)
-
- Vanderbilt University Law School (5)
- Case Western Reserve University School of Law (4)
- Association of American Law Schools (3)
- Duke Law (3)
- George Washington University Law School (3)
- Maurer School of Law: Indiana University (3)
- Osgoode Hall Law School of York University (3)
- American University Washington College of Law (2)
- Boston University School of Law (2)
- Cleveland State University (2)
- Columbia Law School (2)
- New York Law School (2)
- Southern Methodist University (2)
- St. Mary's University (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Missouri School of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- Barry University School of Law (1)
- Belmont University (1)
- Florida A&M University College of Law (1)
- Fordham Law School (1)
- Georgetown University Law Center (1)
- Notre Dame Law School (1)
- Pace University (1)
- Penn State Law (1)
- Publication
-
- Georgia Journal of International & Comparative Law (10)
- Faculty Scholarship (9)
- Publications (7)
- William Aceves (7)
- University of Miami National Security & Armed Conflict Law Review (6)
-
- Vanderbilt Journal of Transnational Law (5)
- Faculty Publications (3)
- GW Law Faculty Publications & Other Works (3)
- Journal of Legal Education (3)
- Scholarly Works (3)
- All Faculty Scholarship (2)
- Case Western Reserve Journal of International Law (2)
- Evgenia Pavlovskaia (2)
- Faculty Journal Articles and Book Chapters (2)
- Indiana Journal of Global Legal Studies (2)
- LLM Theses (2)
- NYLS Law Review (2)
- American University Law Review (1)
- Andrea Beauchamp Carroll (1)
- Anne T Gallagher (1)
- Articles (1)
- Articles by Maurer Faculty (1)
- Boyd Briefs / Road Scholars (1)
- Calvert Undergraduate Research Awards (1)
- Canada-United States Law Journal (1)
- Carmen G. Gonzalez (1)
- Columbia Center on Sustainable Investment Staff Publications (1)
- Contributions to Books (1)
- Cultural Encounters, Conflicts, and Resolutions (1)
- Doctoral Dissertations (1)
- Publication Type
- File Type
Articles 91 - 115 of 115
Full-Text Articles in Law
The Limits Of Legality: Assessing Recent International Interventions In Civil Conflicts In The Middle-East, Feisal Amin Istrabadi
The Limits Of Legality: Assessing Recent International Interventions In Civil Conflicts In The Middle-East, Feisal Amin Istrabadi
Articles by Maurer Faculty
No abstract provided.
Climate Change, Forests, And International Law: Redd's Descent Into Irrelevance, Annecoos Wiersema
Climate Change, Forests, And International Law: Redd's Descent Into Irrelevance, Annecoos Wiersema
Vanderbilt Journal of Transnational Law
Forestry activities account for over 17 percent of human-caused greenhouse gas emissions. Since 2005, parties to the United Nations Framework Convention on Climate Change have been negotiating a mechanism known as REDD--Reducing Emissions from Deforestation and Degradation--to provide an incentive for developing countries to reduce carbon emissions and limit deforestation at the same time. When REDD was first proposed, many commentators argued this mechanism would not only mitigate climate change but also provide biodiversity and forests with the hard international law regime that had so far been missing. These commentators appeared to hope REDD would develop into this kind of …
Overview Of Panel: Judges, Diplomats, And Peacebuilders: Evaluating International Dispute Resolution As A System, Anna Spain
Publications
No abstract provided.
Copyright Crime And Punishment: The First Amendment's Proportionality Puzzle, Margot Kaminski
Copyright Crime And Punishment: The First Amendment's Proportionality Puzzle, Margot Kaminski
Publications
The United States is often considered to be the most speech-protective country in the world. Paradoxically, the features that have led to this reputation have created areas in which the United States is in fact less speech protective than other countries. The Supreme Court's increasing use of a categorical approach to the First Amendment has created a growing divide between the US. approach to reconciling copyright and free expression and the proportionality analysis adopted by most of the rest of the world.
In practice, the U.S. categorical approach to the First Amendment minimizes opportunities for judicial oversight of copyright. Consequently, …
Crimea And The International Legal Order, William W. Burke-White
Crimea And The International Legal Order, William W. Burke-White
All Faculty Scholarship
A key balance between two of the most fundamental principles of the post-World War II international legal and political order is at stake today in Ukraine. Particularly in its annexation of Crimea, Russia has exploited the tension between a fundamental principle that prohibits the acquisition of territory through the use of force and an equally fundamental right of self-determination. Russia’s reinterpretation of these two principles could well destabilize the tenuous balance between the protection of individual rights and the preservation of states’ territorial integrity that undergirds the post World War II order. In determining the precedent that will be remembered …
From Contract To Legislation: The Logic Of Modern International Lawmaking, Timothy Meyer
From Contract To Legislation: The Logic Of Modern International Lawmaking, Timothy Meyer
Faculty Scholarship
The future of international lawmaking is in peril. Both trade and climate negotiations have failed to produce a multilateral agreement since the mid-1990s, while the U.N. Security Council has been unable to comprehensively respond to the humanitarian crisis in Syria. In response to multilateralism's retreat, many prominent commentators have called for international institutions to be given the power to bind holdout states-often rising or reluctant powers such as China and the United States-without their consent. In short, these proposals envision international law traveling the road taken by federal systems such as the United States and the European Union: from contractual …
Table Of Mimetic Influences Related To Steve Charnovitz, “What The World Trade Organization Learned From The Ilo,” In Adelle Blackett & Anne Trebilcock Eds., Research Handbook On Transnational Labour Law (Edward Elgar, Forthcoming 2015), Steve Charnovitz
GW Law Faculty Publications & Other Works
This table shows how the features of the ILO complaint procedures originating in 1919 became a model for the dispute settlement procedures written into the Charter of the International Trade Organization (ITO) in 1948 and the Dispute Settlement Understanding of the World Trade Organization.
The Extraterritorial Application Of The Fifth Amendment: A Need For Expanded Constitutional Protections., Guinevere E. Moore, Robert T. Moore
The Extraterritorial Application Of The Fifth Amendment: A Need For Expanded Constitutional Protections., Guinevere E. Moore, Robert T. Moore
St. Mary's Law Journal
Since 2010, there have been forty-three cases—and ten deaths—involving the use of deadly force by United States agents against Mexican nationals along the border. Currently, the official policy is that officers may still use deadly force where they “reasonably believe”—based upon the totality of the circumstances—that they are in “imminent danger” of death or serious injury. Officers were found reasonable in using deadly force in situations as mundane as young boys throwing rocks. In light of these actions, the Mexican government has raised serious concerns about the disproportionate use of force by United States agents. The question now raised is …
Humanitarian Intervention Post-Syria: Legitimate And Legal?, Milena Sterio
Humanitarian Intervention Post-Syria: Legitimate And Legal?, Milena Sterio
Law Faculty Articles and Essays
This article looks at the state of affairs under international law by focusing on the existing ban on the use of force and the established exceptions thereto as of December 2014. Topics discussed include the concept of humanitarian intervention, the civil crises in Syria, and international law for the legality of military intervention in Syria. It also examines Harold Koh's proposed normative framework for humanitarian intervention.
The Domestic And International Enforcement Of The Oecd Anti-Bribery Convention, Rachel Brewster
The Domestic And International Enforcement Of The Oecd Anti-Bribery Convention, Rachel Brewster
Faculty Scholarship
International corruption law is a growing, if understudied, area of international economic law. This Article examines two aspects of governments' enforcement of the OECD's Anti-Bribery Convention. The first aspect is the member state's efforts to enforce its own national legislation prohibiting foreign corruption within its territory and with regards to its nationals doing business abroad. The OECD Treaty's obligation concerning member states' enforcement of their own national legislation is somewhat ambiguous. While the obligation to pass particular national legislation is quite clear and specific, the treaty does not specify what resources that a state must dedicate to internally enforcing these …
A State Preferences Account Of Customary International Law Adjudication, Curtis A. Bradley
A State Preferences Account Of Customary International Law Adjudication, Curtis A. Bradley
Faculty Scholarship
The standard account today of customary international law (CIL) is that it arises from the widespread and consistent practice of states followed out of a sense of legal obligation. Although commonly recited, this account is plagued by evidentiary, normative, and conceptual difficulties, and it has been subjected to increasing criticism in recent years. This paper posits a different account of CIL, considered from the perspective of international adjudication. A fundamental problem with much of the theorizing about CIL, the paper contends, is that it fails to identify which decisionmaker it has in mind. Instead, the discussion proceeds as if CIL …
Two Myths About The Alien Tort Statute, Bradford R. Clark, Anthony J. Bellia Jr.
Two Myths About The Alien Tort Statute, Bradford R. Clark, Anthony J. Bellia Jr.
GW Law Faculty Publications & Other Works
In Kiobel v. Royal Dutch Petroleum Co., the Supreme Court applied the presumption against extraterritorial application of U.S. law to hold that the Alien Tort Statute (ATS) did not encompass a claim between aliens for misconduct that occurred in another nation. Without much elaboration, the Court stated that the ATS only encompasses claims that “touch and concern the territory of the United States...with sufficient force to displace the presumption.” As it did in Sosa v. Alvarez-Machain, the Kiobel Court purported to rest its decision on the original public meaning of the ATS when enacted in 1789. The Court, however, misperceived …
The Spratly Islands Dispute: International Law, Conflicting Claims, And Alternative Frameworks For Dispute Resolution, Robin Gonzales
The Spratly Islands Dispute: International Law, Conflicting Claims, And Alternative Frameworks For Dispute Resolution, Robin Gonzales
Calvert Undergraduate Research Awards
The Spratly islands dispute is a regional maritime territorial sovereignty dispute which involves six countries in the South China Sea – China, Taiwan, Vietnam, Philippines, Malaysia and Brunei. Underscored by the prospects of large natural energy reserves, control of strategic global maritime areas, and shifting global power dynamics, the dispute has significant international geo-strategic, economic, political and legal implications. This Honors Thesis evaluates the international legal standards for resolving maritime sovereignty disputes, provides a historiography of the six countries’ competing claims, and analyzes the legal soundness of their claims. This thesis also proposes and examines potential political and diplomatic frameworks …
The M/V "Virginia G" (Panama/Guinea-Bissau). Case No. 19. 53 Ilm 1164 (2014). International Tribunal For The Law Of The Sea, April 14, 2014., Bernard H. Oxman, Vincent P. Cogliati-Bantz
The M/V "Virginia G" (Panama/Guinea-Bissau). Case No. 19. 53 Ilm 1164 (2014). International Tribunal For The Law Of The Sea, April 14, 2014., Bernard H. Oxman, Vincent P. Cogliati-Bantz
Articles
No abstract provided.
Limits Of Procedural Choice Of Law, S. I. Strong
Limits Of Procedural Choice Of Law, S. I. Strong
Faculty Publications
Commercial parties have long enjoyed significant autonomy in questions of substantive law. However, litigants do not have anywhere near the same amount of freedom to decide procedural matters. Instead, parties in litigation are generally considered to be subject to the procedural law of the forum court.
Although this particular conflict of laws rule has been in place for many years, a number of recent developments have challenged courts and commentators to consider whether and to what extent procedural rules should be considered mandatory in nature. If procedural rules are not mandatory but are instead merely “sticky” defaults, then it may …
King Tut And Tahrir Square: The Egyptian Revolution Of 2011 And The Advantage Of Viewing Cultural Heritage Destruction Through A Right To Culture Lens, Zoe Niesel
Faculty Articles
No abstract provided.
Charitable Giving, Tax Expenditures, And Direct Spending In The United States And The European Union, Lilian V. Faulhaber
Charitable Giving, Tax Expenditures, And Direct Spending In The United States And The European Union, Lilian V. Faulhaber
Georgetown Law Faculty Publications and Other Works
This Article compares the ways in which the United States and the European Union limit the ability of state-level entities to subsidize their own residents, whether through direct subsidies or through tax expenditures. It uses four recent charitable giving cases decided by the European Court of Justice (ECJ) to illustrate the ECJ’s evolving tax expenditure jurisprudence and argues that, while this jurisprudence may suggest a new and promising model for fiscal federalism, it may also have negative social policy implications. It also points out that the court analyzes direct spending and tax expenditures under different rubrics despite their economic equivalence …
Sustainability Criteria As A Tool To Promote Sustainable Products And Their Sustainable Production, Evgenia Pavlovskaia
Sustainability Criteria As A Tool To Promote Sustainable Products And Their Sustainable Production, Evgenia Pavlovskaia
Evgenia Pavlovskaia
Coming publication
Summary:
Among the environmental challenges, which humanity is facing today, there are the threat of global climate change, unsatisfactory air quality, – especially in large cities, – and the fact that the resources of fossil fuels are finite. Biofuels have long been at the top of the political and scientific agenda as a possible solution to all the three challenges.
Not everything is clear about biofuels. The production costs of biofuels are still higher than those of traditional fossil fuels: without subsidies biofuels are not competitive. The environmental impact of biofuels has also been questioned, for example the …
The Judicial Expansion Of American Exceptionalism, Rachel Lopez
The Judicial Expansion Of American Exceptionalism, Rachel Lopez
Rachel E. López
In the modern era, there is a growing sentiment that when the gravest human rights violations occur, the international community has a “responsibility to protect” the victims if the victims’ own government is unwilling or unable to do so. While much of the scholarship on the responsibility to protect focuses on the international community’s ability to engage in military intervention, the doctrine actually provides a menu of options that intervening States can employ to prevent serious abuses of human rights, including, notably for the purposes of this article, legal accountability in judicial fora. States thus have greater latitude than ever …
The Life And Times Of Targeted Killing, Markus Gunneflo
The Life And Times Of Targeted Killing, Markus Gunneflo
Markus Gunneflo
Against the background of the ongoing shift in the perception of the legality and legitimacy of extraterritorial lethal force in counterterrorism, my doctoral thesis analyses the emergence of so-called “targeted killing” in the history of Israel and the US, as well as in international law. It finds that the relationship between targeted killing and law, particularly international law, is not a straightforward case of more or less determinate and legally binding norms being applied to state measures adopted in situations of insecurity (in this case, those of the second Intifada and 9/11) but rather one of a much longer and …
Structuring Big Data To Facilitate Participation In International Law, Roslyn Fuller
Structuring Big Data To Facilitate Participation In International Law, Roslyn Fuller
Roslyn Fuller
This is an interdisciplinary article focusing on the interplay between information and communication technology (ICT) and international law (IL). Its purpose is to open up a dialogue between ICT and IL practitioners that focuses on the ways in which ICT can enhance equitable participation in international legal structures, particularly through capturing the possibilities associated with big data. This depends on the ability of individuals to access big data, for it to be structured in a manner that makes it accessible and for the individual to be able to take action based on it.
International Economic Law And The Right To Food, Carmen G. Gonzalez
International Economic Law And The Right To Food, Carmen G. Gonzalez
Carmen G. Gonzalez
This chapter examines the historic and current policies and practices that have contributed to food insecurity in the global South. It analyzes the impact of international economic law on the patterns of trade and production that perpetuate food insecurity, and recommends concrete measures that the international community might take through law and regulation to promote the fundamental human right to food. Part I provides a short introduction to the right to food framework and its implications for international trade, investment, and finance. Part II places the current food crisis in historical perspective by discussing the trade and aid policies that …
Homage To Filártiga, Perry S. Bechky
Homage To Filártiga, Perry S. Bechky
Perry S. Bechky
The Supreme Court’s new decision in Kiobel severely restricted human rights litigation under the Alien Tort Statute (ATS). In doing so, the Court gravely injured the canonical human rights case of Filártiga. This essay celebrates Filártiga, demonstrating that it survives Kiobel in four key respects: its approach to the sources of international law, its conclusion that international law prohibits torture, its dynamic vision of the way the human rights revolution transformed international law, and its hope that courts can help make real a world without torture. The essay presents Filártiga as a living presence and a beacon for future development …
The International Rule Of Law In A Human Rights Era, Evgenia Pavlovskaia
The International Rule Of Law In A Human Rights Era, Evgenia Pavlovskaia
Evgenia Pavlovskaia
The Brandeis Institute for International Judges (BIIJ) has established itself as a significant and world-renowned program that promotes the role of judges working in the domain of international law and justice. Organized by the International Center for Ethics, Justice and Public Life of Brandeis University, the BIIJ provides a venue for judges from international and regional courts to discuss important issues relating to the administration of justice across their varied jurisdictions.
In 2013, the BIIJ was organized, for the first time in its 12-year history, in partnership with outside academic bodies working in the same field. The institute was held …
International Law And American Foreign Policy: Revisiting The Law Versus Policy Debate, Hengameh Saberi