Law Commons^™

International Criminal Jurisprudence Comes Of Age: The Substance And Procedure Of An Emerging Discipline, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Can International Law Help? An Analysis Of The Colombian Peace Process, Jorge L. Esquirol

Faculty Publications

No abstract provided.

Why Courts Review Arbitral Awards, William W. Park

Faculty Scholarship

Judicial review of arbitral awards constitutes a form of risk management. In most countries courts may vacate decisions of perverse arbitrators who have ignored basic procedural fairness, as well as those of alleged arbitrators who have attempted to resolve matters never properly submitted to their jurisdiction. In some countries judges may also correct legal error or monitor an award's consistency with public policy.

Public scrutiny of arbitration is inevitable at the time of award recognition. Judges can hardly ignore the basic fairness of an arbitral proceeding when asked to give an award res judicata effect by seizing assets or staying …

The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian

Articles

Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative power …

Democratic Governance And International Law, Edited By Gregory H. Fox And Brad R. Roth, Richard A. Barnes

Indiana Journal of Global Legal Studies

No abstract provided.

Regulating Corporate Human Rights Abuses: Is Unocal The Answer?, Pia Zara Thadhani

William & Mary Law Review

No abstract provided.

The Political Economy Of Global Multilateralism, John O. Mcginnis

Articles

Many conservatives (at the least the subset who are classical liberals) approve of global multilateral trade agreements and allied agreements that keep global capital markets open. Conservatives, however, tend to be openly skeptical of other global multilateral agreements, be they environmental accords, human rights conventions, military pacts, or an agreement on an international criminal court. In this paper I offer the beginnings of a framework of sound political economy that justifies these divergent intuitions and shows that they are rooted in more than just a reflexive liking for trade combined with a disdain for the environment, human rights, criminal justice, …

Berner-Kadish V. Minister Of Interior, Dalia Dorner, Dorit Beinisch, Abdel Rahman Zuabi

Translated Opinions

The First and Second Petitioners (hereinafter: the Petitioners,) two women who have been life partners for seven years, are Israeli citizens. Their permanent residence is in the State of California, in the United States. On January 12, 1996 the Second Petitioner (hereinafter: the mother) gave birth to the Third Petitioner (hereinafter: the son,) after having become pregnant via sperm donation. The son was adopted by the First Petitioner (hereinafter: the adoptive mother,) with the mother’s consent, according to an adoption decree granted by a California court – where the son was born and where the three Petitioners reside. The adoptive …

Gap-Filling And Freedom Of Contract, Shumei Lu

LLM Theses and Essays

When a client asks his lawyer what his duties are under a particular contract, normally the lawyer’s first response is “show me the contract.” Does the contract provide all the contract duties in its expressed form? Definitely not. By now everyone acknowledges that, to some extent, all contracts have some gaps. Even the most carefully drafted document rests on volumes of assumptions that cannot be explicitly expressed.1 The inevitability of gaps reflects both our “relative ignorance of fact” and “our relative indeterminacy of aim.” Generally speaking, there are three types of gaps: first, the parties to a contract have not …

Of Law, Lawlessness, And Sovereignty : Multinational Peacekeeping And International Law, Antje Mays

Dacus Library Faculty Publications

Laws of war have been carefully defined by individual nations’ own codes of law as well as by supranational bodies. Yet the international scene has seen an increasing movement away from traditionally declared war toward multinational peacekeeping missions geared at containing local conflicts when perceived as potential threats to their respective regions’ political stability. While individual nations’ laws governing warfare presuppose national sovereignty, the multinational nature of peacekeeping scenarios can blur the lines of command structures, soldiers’ national loyalties, occupational jurisdiction, and raise profound questions as to which countries’ moral sense/governmental system is to be the one upheld. Historically increasingly …

The Internet Is Changing The Public International Legal System, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

The Right To Development: Implications For International Economic Law, Isabella D. Bunn

American University International Law Review

No abstract provided.

Guatemalan "Justice Centers": The Centerpiece For Advancing Transparency, Efficiency, Due Process, And Access To Justice, Steven E. Hendrix

American University International Law Review

No abstract provided.

Fostering Protection Of The Marine Environment And Economic Development: Article 121(3) Of The Third Law Of The Sea Convention, Jonathan L. Hafetz

American University International Law Review

No abstract provided.

The Imminent Threat To China's Intervention In Macau's Autonomy: Using Hong Kong's Past To Secure Macau's Future, Frances M. Luke

American University International Law Review

No abstract provided.

International Tribunals And Rules Of Evidence: The Case For Respecting And Preserving The "Priest-Penitent" Privilege Under International Law, Robert John Araujo S.J.

American University International Law Review

No abstract provided.

The Experts Roundtable: A Hemispheric Approach To Combating Corruption

American University International Law Review

No abstract provided.

Current Development: Afghanistan Recognizes Chechnya, Thomas D. Grant

American University International Law Review

No abstract provided.

Convention Against Torture: A Viable Alternative Legal Remedy For Domestic Violence Victims, Barbara Cochrane Alexander

American University International Law Review

No abstract provided.

Compulsory Licensing Provisions Under The Trips Agreement: Balancing Pills And Patents, Sara M. Ford

American University International Law Review

No abstract provided.

Facts On The Ground: An Examination Of Israeli Municipal Policy In East Jerusalem, Ardi Imseis

American University International Law Review

No abstract provided.

The Finality Of Judgment And Sentence Prerequisite In The United States-Peru Bilateral Prisoner Transfer Treaty: Calling Congress And The President To Reform And Justifying Jurisdiction Of The Inter-American Human Rights Commission And Court, Ralph Ruebner, Lisa Carroll

American University International Law Review

No abstract provided.

International Governmental Organization Knowledge Management For Multilateral Trade Lawmaking, Michael P. Ryan, W. Christopher Lenhardt, Katsuya Tamai

American University International Law Review

No abstract provided.

Mending Walls: The Economic Aspects Of Israeli-Palestinian Peace, Oren Gross

American University International Law Review

No abstract provided.

Introductory Essay: Uncorking International Trade, Filling The Cup Of International Economic Law, Jeffery Atik

American University International Law Review

No abstract provided.

Enter The Dragon: An Essay On China's Wto Accession Saga, Raj Bhala

American University International Law Review

No abstract provided.

Competing Values: Taking A Broad View On The Narrowing Conservation Regime Of The 1982 United Nations Convention On The Law Of The Sea, Sean Hern

American University International Law Review

No abstract provided.

A False Sense Of Security: Lessons Learned From The United Nations Organization And Conduct Mission In East Timor, Jennifer Toole

American University International Law Review

No abstract provided.

Permeable Fences Make Good Neighbors: Improving A Seemingly Intractable Border Conflict Between Israelis And Palestinians, Barry A. Feinstein, Mohammed S. Dajani-Daoudi

American University International Law Review

No abstract provided.

Foreward: Mergers, Market Access And The Millennium, Eleanor M. Fox

Northwestern Journal of International Law & Business

The symposium issue is a nice microcosm of the competition law issues facing the world. It presents the tensions between national control and world integration. It presents the twin, conflicting impulses to eschew internationalization, hoping to do well enough by deepened positive comity (Waller), and to embrace internationalization at least cautiously to address concerns where unharnessed operation of national interests obstructs efficient solutions and where internationalization is most likely to sidestep the political landmines (Fiebig).