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Articles 1201 - 1230 of 2279
Full-Text Articles in Law
Power, Authority And International Investment Law , Tai-Heng Cheng
Power, Authority And International Investment Law , Tai-Heng Cheng
American University International Law Review
No abstract provided.
The Changing International Status Of Export Cartel Exemptions, Valerie Y. Suslow
The Changing International Status Of Export Cartel Exemptions, Valerie Y. Suslow
American University International Law Review
No abstract provided.
Lori Berenson V. Peru: An Analysis Of Selected Holdings By The Inter-American Court Of Human Rights, Joseph May
Lori Berenson V. Peru: An Analysis Of Selected Holdings By The Inter-American Court Of Human Rights, Joseph May
American University International Law Review
No abstract provided.
The State Of Investor-State Arbitration-Some Reflections On Professor Brower's Plea For Sensible Principles, Jack J. Coe Jr.
The State Of Investor-State Arbitration-Some Reflections On Professor Brower's Plea For Sensible Principles, Jack J. Coe Jr.
American University International Law Review
No abstract provided.
Lex Loci Arbitri And Annulment Of Foreign Arbitral Awards In U.S. Courts, Catherine A. Giambatiani
Lex Loci Arbitri And Annulment Of Foreign Arbitral Awards In U.S. Courts, Catherine A. Giambatiani
American University International Law Review
No abstract provided.
International Arbitration And Money Laundering, Andrew De Lotbiniére Mcdougall
International Arbitration And Money Laundering, Andrew De Lotbiniére Mcdougall
American University International Law Review
No abstract provided.
Wto Agreements Mandate That Congress Repeal The Farm Bill Of 2002 And Enact An Agriculture Law Embodying Free Market Principles, Elizabeth Bullington
Wto Agreements Mandate That Congress Repeal The Farm Bill Of 2002 And Enact An Agriculture Law Embodying Free Market Principles, Elizabeth Bullington
American University International Law Review
No abstract provided.
The Vocation Of The International Arbitrator, Catherine A. Rogers
The Vocation Of The International Arbitrator, Catherine A. Rogers
American University International Law Review
No abstract provided.
Should A Requirement Of "Clean Hands" Be A Prerequisite To The Exercise Of Diplomatic Protection? Human Rights Implications Of The International Law Commission's Debate, Aleksandr Shapovalov
Should A Requirement Of "Clean Hands" Be A Prerequisite To The Exercise Of Diplomatic Protection? Human Rights Implications Of The International Law Commission's Debate, Aleksandr Shapovalov
American University International Law Review
No abstract provided.
The Rome Statute, Some Reservations Concerning Amnesties, And A Distributive Problem, Dwight G. Newman
The Rome Statute, Some Reservations Concerning Amnesties, And A Distributive Problem, Dwight G. Newman
American University International Law Review
No abstract provided.
Averting Nuclear Terrorism: Building A Global Regime Of Cooperative Threat Reduction, James C. Kraska
Averting Nuclear Terrorism: Building A Global Regime Of Cooperative Threat Reduction, James C. Kraska
American University International Law Review
No abstract provided.
Private Disputes And The Public Good: Explaining Arbitration Law, William W. Park
Private Disputes And The Public Good: Explaining Arbitration Law, William W. Park
American University International Law Review
No abstract provided.
Internally-Displaced Persons And The Sardar Sarovar Project: A Case For Rehabilitative Reform In Rural Media, Pooja Mehta
Internally-Displaced Persons And The Sardar Sarovar Project: A Case For Rehabilitative Reform In Rural Media, Pooja Mehta
American University International Law Review
No abstract provided.
Conflict Of Laws Analyses For The Era Of Free Trade, Andrew J. Walker
Conflict Of Laws Analyses For The Era Of Free Trade, Andrew J. Walker
American University International Law Review
No abstract provided.
The Tricky Nature Of Proving Genocide Against Saddam Hussein Before The Iraqi Special Tribunal, Michael J. Kelly
The Tricky Nature Of Proving Genocide Against Saddam Hussein Before The Iraqi Special Tribunal, Michael J. Kelly
Cornell International Law Journal
In this article in the Symposium on Milosevic & Hussein on Trial, the author discusses procedural challenges to proving genocide in the trial of Saddam Hussein to argue that the legitimacy of the Iraqi Special Tribunal (IST) & the proof of genocide rest on a sense of fairness, transparency, & completion of trials on a reasonable schedule. The Geneva Convention definition of genocide is discussed in terms of the impact of general verses specific intent in the International Criminal Tribunal for the former Yugoslavia (ICTY). A historical analysis of the colonial creation of Iraq relates Saddam's style of government control …
Iucn As Catalyst For A Law Of The Biosphere: Acting Globally And Locally, Nicholas A. Robinson
Iucn As Catalyst For A Law Of The Biosphere: Acting Globally And Locally, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Unique among international organizations, the International Union for the Conservation of Nature and Natural Resources (IUCN) operates at the global, regional, and national levels to build governmental capacity to protect the environment. With a membership of over 75 sovereign states and 800 nongovernmental organizations, IUCN functions as an intergovernmental organization at the transnational level while operationally embodying the maxim "think globally, act locally." IUCN acts as a consortium of environmental scientists and professionals, including environmental lawyers who have proposed and secured adoption of significant environmental treaties such as the Convention on the International Trade in Endangered Species (CITES) and their …
Government For Hire: Privatizing Foreign Affairs And The Problem Of Accountability Under International Law, Laura T. Dickinson
Government For Hire: Privatizing Foreign Affairs And The Problem Of Accountability Under International Law, Laura T. Dickinson
GW Law Faculty Publications & Other Works
Although the privatization of governmental functions has long since become a fixture of the American political landscape and has engendered a rich scholarly debate among domestic administrative law scholars, far less attention has been paid to the simultaneous privatization of what might be called the foreign affairs functions of government. Yet privatization is as significant in the international realm as it is domestically. The United States and other countries now regularly rely on private parties to provide all forms of foreign aid, to perform once sacrosanct diplomatic tasks such as peace negotiations, and even to undertake a wide variety of …
A Terrible Purity: International Law, Morality, Religion, Exclusion, Tawia Ansah
A Terrible Purity: International Law, Morality, Religion, Exclusion, Tawia Ansah
Cornell International Law Journal
Explores the separations, constructions, & barriers between law & religion from both a secular & religious perspective. Maintaining boundaries between law & religion often results in the construction of the repudiated religious Other. Creation of a public/private divide is based on an exclusion that functions like what psychoanalysts call abjection. However, the abject (religion) is a latent source of creativity that remains outside the domain of the law but weakens it as the primary site of authority. Removing religion from the sidelines of public juridical dialogue reduces the constraining power of discourse & widens the states discretion. The failure of …
Global Governance, Antitrust, And The Limits Of International Cooperation, Paul B. Stephan
Global Governance, Antitrust, And The Limits Of International Cooperation, Paul B. Stephan
Cornell International Law Journal
Argues that eliminating international institutions is the best way to solve the problem of inadequate national regulation. Private actions that frustrate competition are highlighted to show that the problem of government failure exists at the international level. The nature of competition policy & its potential for abuse are described to point out the inseparability of competition policy & trade policy, as well as difficulties that result from the less transparent nature of competition law. A review of proposals to develop international regimes to accommodate substantive competition law or allocate regulatory jurisdiction emphasizes why such regimes are likely to be unsatisfactory. …
Post-Conflict Justice In Iraq: An Appraisal Of The Iraq Special Tribunal, M. Cherif Bassiouni
Post-Conflict Justice In Iraq: An Appraisal Of The Iraq Special Tribunal, M. Cherif Bassiouni
Cornell International Law Journal
Argues that post-conflict justice is desperately needed in Iraq. The desire of the Iraqi people for post-conflict justice against Saddam Hussein's regime has been overshadowed by the 2003 invasion by coalition forces, post-occupation internal violence, & Abu Ghraib torture by American forces. The goals of post-conflict justice include enhancing social reconciliation while avoiding individual acts of vengeance; restoring an independent judiciary; holding officials responsible for systematic repression; & prosecuting Saddam. The evolution of post-conflict justice proposals over the last decade is traced. It is acknowledged that the establishment of the Iraq Special Tribunal was an important first step on the …
The Seduction Of The Appellate Body: Shrimp/Sea Turtle I And Ii And The Proper Role Of States In Wto Governance, J. Patrick Kelly
The Seduction Of The Appellate Body: Shrimp/Sea Turtle I And Ii And The Proper Role Of States In Wto Governance, J. Patrick Kelly
Cornell International Law Journal
The Article, proposes new interpretations of GATT Article XX to minimize the harmful effects of recent WTO jurisprudence that threaten to undermine the goals of the trading system and diminish the role of states in policymaking. In the Shrimp/Turtle cases the WTO's Appellate Body ("AB") utilized an "evolutionary" methodology to interpret the conservation of "exhaustible natural resources" exception in Article XX(g) to permit the unilateral regulation by one country of how goods are produced ("PPMs") in other countries. Such an expansive approach to interpretation permits wealthy nations with large markets to unilaterally impose their preferred environmental policies, and presumably other …
The World Court’S Ruling Regarding Israel’S West Bank Barrier And The Primacy Of International Law: An Insider’S Perspective, Pieter H. F. Bekker
The World Court’S Ruling Regarding Israel’S West Bank Barrier And The Primacy Of International Law: An Insider’S Perspective, Pieter H. F. Bekker
Cornell International Law Journal
A former UN official & staff lawyer for the International Court of Justice (ICJ) reflects on that courts ruling on Israels construction of a wall in the Occupied Palestinian Territory. It is emphasized that the Court's primary focus was upholding international law. The case was not about Israels right to build a protective structure on its own territory but about the course of the West Bank barrier that extends past the Green Line designated in the 1949 Armistice Agreement. Key pronouncements of the landmark opinion are examined, including condemnation of the settlements that Israel had established in Palestinian territories; the …
Ending Impunity: How International Criminal Law Can Put Tyrants On Trial, Geoffrey Robertson
Ending Impunity: How International Criminal Law Can Put Tyrants On Trial, Geoffrey Robertson
Cornell International Law Journal
In this keynote address to the Symposium on Milosevic & Hussein on Trial, the author argues that the two trials demonstrate that the historical immunity problem of tyrants has been solved, & have ushered in a period when international justice will have its own momentum. Historical analysis of the denial of impunity to tyrants relates the evolution of sovereign immunity in the Treaty of Westphalia, & the trials of Charles I, Louis XVI, & Napoleon. Head of state immunity was further removed in the Nuremberg Tribunals, & international accountability for international crimes was established with the trial of Prime Minister …
Emasculating The Philosophy Of International Criminal Justice In The Iraqi Special Tribunal, Farhad Malekian
Emasculating The Philosophy Of International Criminal Justice In The Iraqi Special Tribunal, Farhad Malekian
Cornell International Law Journal
In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the principle of international tribunality of jurisdiction is a form of globalization of international criminal justice that has the purpose of preventing the problems seen in the Iraqi Special Tribunal (IST) & the monopolization of international law by the United Nations Charter. Examination of historical, contemporary, & prospective approaches to the system of international law concerning the prosecution & punishment of individuals questions whether the laws of the IST reflect the basic foundations of international criminal justice. The principles of the Criminal Justice System …
In Defense Of Hybridity: Towards A Representational Theory Of International Criminal Justice, Frederic Megret
In Defense Of Hybridity: Towards A Representational Theory Of International Criminal Justice, Frederic Megret
Cornell International Law Journal
In this article in the Symposium on Milosevic & Hussein on Trial, the author proposes a critical & normative "representational theory" of what international criminals should be tried by in a hybrid tribunal framework that surpasses complementarity & primacy, & mitigates the lack of dimension in purely international or domestic trials. A discussion of universality issues regarding sovereignty & complementarity, & the complications of "ownership" in international crimes supports the assertion that the hybrid nature of the theory as a representation of crimes & acknowledgement of the affected communities. Comparative analysis between complementarity & hybridity are applied to the cases …
Global Criminal Justice: An Idea Whose Time Has Passed, Jeremy Rabkin
Global Criminal Justice: An Idea Whose Time Has Passed, Jeremy Rabkin
Cornell International Law Journal
In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that not only is global justice brain dead as a possible reality, but the concept was always an unreachable dream in a world with no global authority to be held accountable for the world's misery. Explanation of the author's assertions locates the source of the dream in the International Criminal Tribunal for the former Yugoslavia (ICTY), since it was the only truly international tribunal in history. The advantage of local or national justice over issues of moral hazard, challenges to justice, the political responsibility of …
Address To The Cornell International Law Journal Symposium: Milosevic & (And) Hussein On Trial, Ruth Wedgwood
Address To The Cornell International Law Journal Symposium: Milosevic & (And) Hussein On Trial, Ruth Wedgwood
Cornell International Law Journal
In this essay in the Symposium on Milosevic & Hussein on Trial, the author questions the critiques of the Iraqi Special Tribunal (IST) to argue that the tribunal offers advantages of availability to citizens in location, language, & differences in legal categories that were not available to people in the former Yugoslavia & Rwanda trials. Language issues that have emerged in fact finding, establishing culpability, & barriers in witness interviews are described. The meaning of moral responsibility in terms of exculpatory evidence, & command responsibility are difficult to communicate or interpret. The advantages of local trials are the increased possibility …
Modes Of Participation In Mass Atrocity, Mark J. Osiel
Modes Of Participation In Mass Atrocity, Mark J. Osiel
Cornell International Law Journal
In this essay in the Symposium on Milosevic & Hussein on Trial, the author addresses the choice between "command responsibility" & "participation in a joint criminal enterprise" in mass atrocity to argue that the International Criminal Tribunal on the former Yugoslavia (ICTY) makes liability under command responsibility too difficult to prosecute. Analysis of the incentives of prosecutors & the limitations of the binary character of liability delineates the difficulties of linking perpetrators & accessories. The US posture toward enterprise participation is discussed in terms of national versus international prosecutors & superior responsibility. A discussion of the domestic politics of international …
Tyranny On Trial: Personality And Courtroom Conduct Of Defendants Slobodan Milosevic And Saddam Hussein, Jerrold M. Post, Lara K. Panis
Tyranny On Trial: Personality And Courtroom Conduct Of Defendants Slobodan Milosevic And Saddam Hussein, Jerrold M. Post, Lara K. Panis
Cornell International Law Journal
In this essay in the Symposium on Milosevic & Hussein on Trial, the author explores the impacts of personality & courtroom conduct in trial outcome to argue that the likenesses between the two defendants will result in Saddam's projection of grand defiance. Biographical narratives of the two leaders trace the psychological development of each personality through childhood to their political careers characterized by defiant resistance & compensatory grandiosity that may be the source of the similarities of behaviors in the courtroom. Asserting that Saddam is following the Milosevic model of courtroom behavior by derailment of the proceeding, exploitation of the …
The Law And Politics Of Contemporary Transitional Justice, Ruti Teitel
The Law And Politics Of Contemporary Transitional Justice, Ruti Teitel
Cornell International Law Journal
In this article in the Symposium on Milosevic & Hussein on Trial, the author continues a project of tracing the genealogy of "transitional justice" in an analysis of the trials of the two Presidents. The author argues that an intellectual genealogy of "transitional justice" is defined in terms of periods of political change, & the relation of legal development to distinct political phases in world history & various political purposes are contextualized in the history of responses to political conflict. Three historical phases of the genealogy place the trials in Phase III of transitional justice seeking responses associated with post-Cold …