Law Commons^™

Globalization, Inequality & International Economic Law, Frank J. Garcia

Frank J. Garcia

International law in general, and international economic law in particular, to the extent that either has focused on the issue of inequality, has done so in terms of inequality between states. Largely overlooked has been the topic of inequality within states and how international law has influenced that reality. From the perspective of international economic law, the inequality issue is closely entwined with the topics of colonialism and post-colonialism, the proper meaning of development, and globalization. While international economic law has undoubtedly contributed to the rise of inequality, it is now vital that the subject of international economic law be …

The Politics Of Human Rights: Beyond The Abolitionist Paradigm In Africa (Review Essay), Makau Mutua

Makau Mutua

Review of Claude E. Welch, Protecting Human Rights in America: Strategies and Roles of Non-Governmental Organizations (1995).

Putting Humpty Dumpty Back Together Again: The Dilemmas Of The Post-Colonial African State (Review Essay), Makau Wa Mutua

Makau Mutua

Reviewing Collapsed States: The Disintegration and Restoration of Legitimate Authority, I. William Zartman, ed.

Law(Makers) Of The Land: The Doctrine Of Treaty Non-Self-Execution, David H. Moore

David H. Moore

No abstract provided.

An Emerging Uniformity For International Law, David H. Moore

David H. Moore

No abstract provided.

Medellin, The Alien Tort Statute, And The Domestic Status Of International Law, David H. Moore

David H. Moore

No abstract provided.

The Future Of The Law Of Armed Conflict: Ostriches, Butterflies, And Nanobots , Eric Talbot Jensen

Eric Talbot Jensen

The historical fact that the law of armed conflict (LOAC) has always lagged behind current methods of warfare does not mean that it always must. This Article will argue that the underlying assumption that law must be reactive is not an intrinsic reality inherent in effective armed conflict governance. Rather, just as military practitioners work steadily to predict new threats and defend against them, LOAC practitioners need to focus on the future of armed conflict and attempt to be proactive in evolving the law to meet future needs.

Presidential Pronouncements Of Customary International Law As An Alternative To The Senate’S Advice And Consent, Eric Talbot Jensen

Eric Talbot Jensen

The Restatement (Fourth) of Foreign Relations Law of the United States has thus far focused on the status of treaties in United States law, and has not specifically considered the topic of customary international law. While the American Law Institute undoubtedly has good reasons for its approach, there is an emerging presidential practice that should catch the attention of the drafters and encourage them to make at least a small foray into customary international law’s impact on the domestic law of the United States. This practice consists of presidents proclaiming to the international community that certain provisions of treaties that …

Convergence And Divergence In International Economic Law And Politics, Sungjoon Cho, Jürgen Kurtz

Sungjoon Cho

Privacy In The Age Of The Hacker: Balancing Global Privacy And Data Security Law, Cunningham, Mckay, Mckay Cunningham

McKay Cunningham

The twin goals of privacy and data security share a fascinating symbiotic relationship: too much of one undermines the other. The international regulatory climate, embodied principally by the European Union’s 1995 Directive, increasingly promotes privacy. In the last two decades, fifty-three countries enacted national legislation largely patterned after the E.U. Directive. These laws, by and large, protect privacy by restricting data processing and data transfers.

At the same time, hacking, malware, and other cyber-threats continue to grow in frequency and sophistication. In 2010, one security firm recorded 286 million variants of malware and reported that 232.4 million identities were exposed. …

A Hierarchy Of The Goals Of International Criminal Courts, 27 Minn. J. Int'l L. 179 (2018), Stuart K. Ford

Stuart Ford

This Article represents the first attempt to systematically assess and compare the goals of international criminal courts to one another. To compare them, it focuses on their expected value. This is the value of the benefit that would occur if the goal were to be achieved, multiplied by the likelihood that it will be achieved. This approach allows for goals of differing value and likelihood of achievement to be compared to one another. The goal with the highest expected value is the goal that is most important and that international criminal courts should prioritize.

This Article demonstrates that it is …

Africans And The Icc: Hypocrisy, Impunity, And Perversion, Makau W. Mutua

Makau Mutua

Published as Chapter 3 in Africa and the ICC: Perceptions of Justice, Kamari M. Clarke, Abel S. Knottnerus, & Eefje de Volder, eds.

The Supreme "Courts" Of The Roman Empire, C.G. Bateman

C.G. Bateman

To Speak With One Voice: The Political Effects Of Centralizing The International Legal Defense Of The State, Guillermo J. Garcia Sanchez

Guillermo J. Garcia Sanchez

When a government official defends a case before an international court, whose interest should he/she be representing? In today’s era of expanding international treaties that give standing to individual claimants, international courts review the actions of different government actors through the yardsticks of international law. The state is not unitary; alleged victims can bring international claims against various government entities including the executive, the legislature, the administrative branch, and the judiciary. Yet, the international legal defense of government actions is in the hands of the executive power. This paper focuses on the consequences of this centralization for inter-branch politics. It …

The 2012 Agreement On The Exploitation Of Transboundary Hydrocarbon Resources In The Gulf Of Mexico Confirmation Of The Rule Or Emergence Of A New Practice?, Guillermo J. Garcia Sanchez, Richard J. Mclaughlin

Guillermo J. Garcia Sanchez

This Article explores the international law applicable to the exploitation of hydrocarbon resources that straddle the boundaries between States (transboundary fields) and its applicability to the U.S. and Mexico maritime boundary in the Gulf of Mexico. After a detailed examination of the different sources of international law including treaties, customary norms, judicial decisions, and bilateral practice, the Article concludes that the United States and Mexico have deviated in some regards from the standard international legal practices that other States have adopted to exploit transboundary hydrocarbon resources. The two most notable deviations are in allowing either nation to unilaterally exploit the …

Energy Reform In Mexico: Lessons And Warnings From International Law, Guillermo J. Garcia Sanchez

Guillermo J. Garcia Sanchez

The article analyzes some of the contents of the Mexican Energy Reform of 2013 and warns on the international legal implications that the path that Mexico has chosen to follow could bring to its economy and international relations. Concretely, it argues that in order to avoid falling into the same mistakes made by other Latin American countries in the region, Mexico must consider its obligations contained in international treaties signed with the United States on transboundary resources, and its obligations in bilateral investment treaties that protect foreign investors from certain government acts and policies.

The Hydrocarbon Industry’S Challenge To International Investment Law: A Critical Approach, Guillermo J. Garcia Sanchez

Guillermo J. Garcia Sanchez

The research presented here challenges the contemporary view that the international investment regime has a “chilling effect” on host government policies. That critique errs in assuming that the effects of the modern bilateral investment treaties on decision-making within host governments have been uniform across states and economic sectors The main argument presented here is that in developing countries that depend on the oil and gas sectors, the international investment regime rarely deters host government rent-seeking behavior that can harm foreign investors.

In petro-dependent developing nations that have weak institutional capacity the survival of the government becomes tied to its ability …

A New International Legal Regime For A New Reality In The War Against Drugs, Guillermo J. Garcia Sanchez

Guillermo J. Garcia Sanchez

The paper reviews the existing international legal regime on the war against drugs and argues that it has become obsolete in the face of the trend to legalize the consumption of certain drugs, such as marijuana, in developed nations. It particularly analyzes the contradictory practice of the United States to pressure producing states, such as Mexico and Colombia, to enforce the regime and at the same time allow the legalization of consumption in local U.S. states.

Special International Zones In Practice And Theory, Tom W. Bell

Tom W. Bell

Book Review: Global Energy Justice, Carmen G. Gonzalez

Carmen G. Gonzalez

Rehabilitation In Article 14 Of The Convention Against Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment, Claudio M. Grossman, Nora Sevaass, Felice Gaer

Claudio M. Grossman

Personal Jurisdiction And Aliens, Scott Dodson, William Dodge

Scott Dodson

Business Methods, Technology, And Discrimination, Daniel Harris Brean

Daniel Harris Brean

The Relevance Of Fatf’S Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, José Carlos Llerena Robles

Laurel S. Terry

Blockchain And Smart Contracts: The Missing Link In Copyright Licensing?, Balazs Bodo, Daniel Gervais, Joao Pedro Quintais

Daniel J Gervais

The International Legal Framework For Climate Engineering, Jesse Reynolds

Jesse Reynolds

Why The Unfccc And Cbd Should Refrain From Regulating Solar Climate Engineering

Jesse Reynolds