Law Commons^™

The Substance Of Substantive Equality: Gender Equaility And Turkey's Headscarf Debate, Rachel Rebouché

American University International Law Review

No abstract provided.

Contemporary International Law: An 'Empire Of Law' Or The 'Law Of Empire', José E. Alvarez

American University International Law Review

No abstract provided.

A Rights-Based Approach: Using Cedaw To Protect The Human Rights Of Migrant Workers, Jennifer S. Hainfurther

American University International Law Review

No abstract provided.

Playing Chicken With Bird Flu: "Viral Sovereignty," The Right To Exploit Natural Genetic Resources, And The Potential Human Rights Ramifications, Kenan Mullis

American University International Law Review

No abstract provided.

The Accountability Of Supranational Administration: The Case Of European Union Agencies, Johannes Saurer

American University International Law Review

No abstract provided.

For Love Of Country And International Criminal Law, Prince Zeid Ra'ad Zeid Al-Hussein

American University International Law Review

No abstract provided.

Turkey: At The Crossroads Of Secular West And Traditional East, Padideh Ala'i

American University International Law Review

No abstract provided.

Perennial Outsiders: The Educational Experience Of Turkish Youth In Germany, Catherine J. Ross

American University International Law Review

No abstract provided.

Cartel Price Controls Vs. Free Trade: A Study Of Proposals To Challenge Opec's Influence In The Oil Market Through Wto Dispute Settlement, Tim Carey

American University International Law Review

No abstract provided.

International Governance Of Domestic National Security Measures: The Forgotten Role Of The World Trade Organization, Carla L. Reyes

Faculty Journal Articles and Book Chapters

The current perception of the United Nations as the only institution charged with governing international security issues was neither intended nor required. Although the historical development of the World Trade Organization (WTO) caused a significant shift in its governance focus, the WTO is uniquely situated to remedy several of the governance failures suffered by the United Nations and to act as an effective governor of national security in the economic sphere. need for such an alternative governance mechanism is especially acute when nation-states refuse to recognize the authority of the United Nations over a security dispute or when a veto-holding …

Key Damage Compensation Issues In Oil And Gas International Arbitration Cases, Manuel A. Abdala

American University International Law Review

No abstract provided.

International Legal Updates, Carlin Moore, Bryan Bach, Megan Chapman, Soumya Venkatesh, Kate Kovarovic, Angad Singh, Juvaria Khan

Human Rights Brief

No abstract provided.

International Legal Updates, Carlin Moore, Bryan Bach, Megan Chapman, Soumya Venkatesh, Kate Kovarovic, Angad Singh, Hellia Kanzi

Human Rights Brief

No abstract provided.

International Legal Updates, Evan Wilson, Tracey Begley, Caitlin Shay, Shubra Ohri, Annamaria Racota, Bhavani Raveendran, Ri Yoo, Aileen Thomson

Human Rights Brief

No abstract provided.

International Law In Domestic Courts: A Conflict Of Laws Approach, Karen Knop, Ralf Michaels, Annelise Riles

Cornell Law Faculty Working Papers

The relationship between international law and domestic law is rarely understood as a conflict of laws. Understanding it in this way opens up a parallel with the field of conflict of laws: the field for which the relationship between legal systems, especially the role of another system's jurisdiction, laws, and judgments vis-à-vis the domestic legal system, are exactly the bread-and-butter issues. We argue for such an approach to international law in domestic courts: an approach that we elaborate as "theory through technique."

In our view, conflicts should be seen broadly as the discipline that developed to deal with conflicts between …

Does National Court Involvement Undermine The International Arbitration Processes?, Julian D M Lew

American University International Law Review

No abstract provided.

Separating Private Military Companies From Illegal Mercenaries In International Law: Proposing An International Convention For Legitimate Military And Security Support The Reflects Customary International Law, Michael Scheimer

American University International Law Review

No abstract provided.

For Love Of Country And International Criminal Law, Further Reflections, David Scheffer

American University International Law Review

No abstract provided.

Book Review Of Freedom From Poverty As A Human Right: Who Owes What To The Very Poor?, Michael Ashley Stein

Faculty Publications

No abstract provided.

In Jail, No Notice, No Hearing . . . No Problem? A Closer Look At Immigration Detention And The Due Process Standards Of The International Covenant On Civil And Political Rights, Bridget Kessler

American University International Law Review

No abstract provided.

Feminizing Capital: A Corporate Imperative, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

This Article argues that Norway’s Corporate Board Quota Law (“CBQ”) fosters a productive symbiosis between the public and private spheres. Recent studies indicate that higher numbers of women in executive positions result in stronger rates of corporate return on equity (“ROE”). Countries with higher levels of women's political representation also tend to have higher levels of economic growth. Increasing women's workforce participation outside the home can drive overall economic growth. These factors prompted the CBQ's proponents to argue for the economic imperative of women's corporate leadership. The CBQ will not only ameliorate gender inequality, but will bring new life to …

Pain, Gain, Or Shame: The Evolution Of Environmental Law And The Role Of Multinational Corporations, Michael Ewing-Chow, Darryl Soh

Indiana Journal of Global Legal Studies

The evolution of environmental law in the past century has been linked to the growing acceptance of the notion of collective global responsibility, which entails the notion of sustainable development. At the turn of this century, the focus in environmental law has shifted from the creation of a global framework to deal with environmental problems to that of compliance with these frameworks. As a result, the primary actor of environmental policy has shifted from the state to the corporation. How has environmental law developed so as to encourage compliance by this new primary actor? Conversely, how has the corporation been …

Holding An Arsonist's Feet To The Fire? - The Legality And Enforceability Of The Icc's Arrest Warrant For Sudanese President Omar Al-Bashir, Lucas Buzzard

American University International Law Review

No abstract provided.

Foreword: After Guantanamo, Michael P. Scharf, Sonia Vohra

Faculty Publications

“Guantanamo Bay.” To many around the world those two words conjure up haunting images of orange jumpsuit-clad detainees imprisoned behind barbed-wire fences, subjected to the cruelest imaginable interrogation techniques, and held indefinitely without trial, or awaiting trial before military commissions whose procedures violate international law. It is no surprise, then, that the new U.S. administration perceived the Guantanamo Bay detention center and associated detainee policies as an indelible stain on America's moral authority and an impediment to the success of future U.S. foreign policy.

International Law In Crisis: A Qualitative Empirical Contribution To The Compliance Debate, Michael P. Scharf

Faculty Publications

In the aftermath of the terrorist attacks of September 11, 21, Professors Jack Goldsmith and Eric Posner published The Limits of International Law, a potentially revolutionary book that employs rational choice theory to argue that international law is really just “politics” and does not render a “compliance pull” on State decisionmakers. Critics have pointed out that Goldsmith and Posner’s identification of the role of international law in each of their case studies is largely conjectural, and that what is needed is qualitative empirical data that identifies the international law-based arguments that were actually made and the policy-makers’ responses to such …

Medellin And Originalism, D. A. Jeremy Telman

Law Faculty Publications

In Medellín v. Texas, the Supreme Court permitted Texas to proceed with the execution of a Mexican national who had not been given timely notice of his right of consular notification and consultation in violation of the United States’ obligations under the Vienna Convention on Consular Relations. It did so despite its finding that the United States had an obligation under treaty law to comply with an order of the International Court of Justice that Medellín’s case be granted review and reconsideration. The international obligation, the Court found, was not domestically enforceable because the treaties at issue were not self-executing. …

Foreword: Security Detention, Michael P. Scharf, Gwen Gillespie

Faculty Publications

Foreword to the International Committee of the Red Cross (ICRC) and the Frederick K. Cox International Law Center at Case Western Reserve University organized a two-day experts meeting on security detention, Cleveland, OH, 2009

International Law And The Torture Memos, Michael P. Scharf

Faculty Publications

This article explores the influence of international law in the evolution of the Bush Administration's policies toward detainees in the global war on terror. The detainee case study provides a modern lens for evaluating Jack Goldsmith and Eric Posner's hypothesis set forth in THE LIMITS OF INTERNATIONAL LAW that international law exerts no “compliance pull” on American policymakers in times of crisis.

Sovereignty, Deference, And Deportation: Allocating And Enforcing Immigrants' Rights In The United States And Europe, Angela M. Banks

Faculty Publications

No abstract provided.

Constitutional Displacement, Timothy Zick

Faculty Publications

This Article examines the intersection between territory and constitutional liberty. Territoriality, as defined by Robert Sack, is the attempt to affect, influence, or control people, phenomena, and relationships by delimiting and asserting control over a geographic area. Territoriality affects constitutional liberty in profound ways. These effects have been apparent in certain infamous historical episodes, including the territoriality of racial segregation, the geographic exclusion and internment of Japanese-Americans during World War II, early state migratory exclusions, and isolation of the sick and mentally ill. Today, governments are resorting to territorial restrictions in an increasing number of circumstances, including detention of enemy …