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International Law

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Full-Text Articles in Law

Remarks On Professor B.S. Chimi's A Just World Under Law: A View From The South, Philip Alston Jan 2007

Remarks On Professor B.S. Chimi's A Just World Under Law: A View From The South, Philip Alston

American University International Law Review

No abstract provided.


Leveling The Playing Field: Is It Time For A Legal Assistance Center For Developing Nations In Investment Treaty Arbitration?, Eric Gottwald Jan 2007

Leveling The Playing Field: Is It Time For A Legal Assistance Center For Developing Nations In Investment Treaty Arbitration?, Eric Gottwald

American University International Law Review

No abstract provided.


Torts And Terror: Rethinking Deterrence Models And Catastrophic Terrorist Attack, James Kraska Jan 2007

Torts And Terror: Rethinking Deterrence Models And Catastrophic Terrorist Attack, James Kraska

American University International Law Review

No abstract provided.


Six Reasons Why Nuclear Weapons Are More Dangerous Than Ever, Peter Weiss Jan 2007

Six Reasons Why Nuclear Weapons Are More Dangerous Than Ever, Peter Weiss

American University International Law Review

No abstract provided.


Iran And The Limits Of The Nuclear Non-Proliferation Regime, Michael Spies Jan 2007

Iran And The Limits Of The Nuclear Non-Proliferation Regime, Michael Spies

American University International Law Review

No abstract provided.


The European Court Of Human Rights: The Past, The Present, The Future , Luzius Wildhaber Jan 2007

The European Court Of Human Rights: The Past, The Present, The Future , Luzius Wildhaber

American University International Law Review

No abstract provided.


Regulating Voice Over Internet Protocol: An E.U./U.S. Comparative Approach, Daniel B. Garrie, Rebecca Wong Jan 2007

Regulating Voice Over Internet Protocol: An E.U./U.S. Comparative Approach, Daniel B. Garrie, Rebecca Wong

American University International Law Review

No abstract provided.


Enforcement Of Social And Economic Rights, Albie Sachs Jan 2007

Enforcement Of Social And Economic Rights, Albie Sachs

American University International Law Review

No abstract provided.


Social Security For Migrant Workers: The Eu, Ilo & Treaty Based Regimes, Barbara J. Fick, Alma Clara Garcia Flechas Jan 2007

Social Security For Migrant Workers: The Eu, Ilo & Treaty Based Regimes, Barbara J. Fick, Alma Clara Garcia Flechas

Journal Articles

Migrant workers face special problems in terms of qualifying for, and receiving payment under, national social security systems. In an effort to mitigate these problems, many states coordinate their social security systems. This paper explores how coordination schemes work in regional mechanisms such as the European Union, in international conventions adopted by the International Labour Organisation, and in multi-lateral treaties such as the Andean Social Security Instrument.


Challenges To Maritime Interception Operations In The War On Terror: Bridging The Gap, Sandra L. Hodgkinson, Edward Cook, Thomas Fichter, Christian Fleming, Jonathan Shapiro, Jon Mellis, Brandon Boutelle, Stephen Sarnoski, Gregory P. Noone Jan 2007

Challenges To Maritime Interception Operations In The War On Terror: Bridging The Gap, Sandra L. Hodgkinson, Edward Cook, Thomas Fichter, Christian Fleming, Jonathan Shapiro, Jon Mellis, Brandon Boutelle, Stephen Sarnoski, Gregory P. Noone

American University International Law Review

No abstract provided.


Chopping Away At Chapter 11: The Softwood Lumber Agreement's Effect On The Nafta Investor-State Dispute Resolution Mechanism, Matthew T. Simpson Jan 2007

Chopping Away At Chapter 11: The Softwood Lumber Agreement's Effect On The Nafta Investor-State Dispute Resolution Mechanism, Matthew T. Simpson

American University International Law Review

No abstract provided.


Diplomatic Immunity Ratione Personae Did The International Court Of Justice Create A New Rule Of Customary International Law In Congo V Belgium, Mark A. Summers Jan 2007

Diplomatic Immunity Ratione Personae Did The International Court Of Justice Create A New Rule Of Customary International Law In Congo V Belgium, Mark A. Summers

Faculty Scholarship

No abstract provided.


A Pluralist Approach To International Law, Paul Schiff Berman Jan 2007

A Pluralist Approach To International Law, Paul Schiff Berman

GW Law Faculty Publications & Other Works

This Essay is a contribution to a recent symposium at Yale Law School asking whether there is a new New Haven School of International Law. The original New Haven School of International Law offered a significant, process-based, rejoinder to the realism and positivism that had dominated international relations theory in the United States since the close of World War II. Whereas international relations realists viewed international law as merely a product of state power relations, and positivists dismissed international law entirely because it lacked both sovereign commands and a rule of recognition, scholars of the New Haven School studied law …


Life Without Parole For Juvenile Offenders: A Violation Of Customary International Law, Molly C. Quinn Jan 2007

Life Without Parole For Juvenile Offenders: A Violation Of Customary International Law, Molly C. Quinn

Saint Louis University Law Journal

No abstract provided.


The Act Requirement As A Basic Concept Of Criminal Law, Luis E. Chiesa Jan 2007

The Act Requirement As A Basic Concept Of Criminal Law, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Justice Without Politics: Prosecutorial Discretion And The International Criminal Court, Alexander K.A. Greenawalt Jan 2007

Justice Without Politics: Prosecutorial Discretion And The International Criminal Court, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

The ICC Prosecutor's own charging policies should be prepared to give way to the judgments of legitimate political actors in times of political transition when actual arrests are more likely and competing justice proposals pose a more troubling challenge to the ICC's authority. In that scenario, I argue that the Prosecutor should encourage legitimate political actors to reach policy decisions that will command deference by the ICC. Such deference could take one or both of the following forms: (1) explicit deference to political actors, principally the U.N. Security Council acting under Chapter VII of the U.N. Charter, and (2) implied …


The Role Of The International Criminal Court In Enforcing International Criminal Law, Philippe Kirsch Jan 2007

The Role Of The International Criminal Court In Enforcing International Criminal Law, Philippe Kirsch

American University International Law Review

No abstract provided.


Forward: Lessons From The Saddam Trial, Michael P. Scharf Jan 2007

Forward: Lessons From The Saddam Trial, Michael P. Scharf

Faculty Publications

Forward to the conference on "Lessons from the Daddam Trial."


U.N. Documents In U.S. Case Law, Paul Hellyer Jan 2007

U.N. Documents In U.S. Case Law, Paul Hellyer

Library Staff Publications

Mr. Hellyer explores the role pLayed by U.N. documents in the opinions of United States courts. He examines the subject matter of opinions in which U.N. documents were cited, the types of documents that were cited, the purpose of the citations, the treatment received by the cited documents, and the time periods in which the citations occurred.


Illegal Peace? Power Sharing With Warlords In Africa, Jeremy I. Levitt Jan 2007

Illegal Peace? Power Sharing With Warlords In Africa, Jeremy I. Levitt

Journal Publications

This paper examines the legality of power-sharing in Africa with specific reference to the Accra and Lome accords, which brought about a fragile cessation of the conflicts in Liberian and Sierra Leone, respectively. It examines the future of international criminal law vis-a-vis power-sharing by prospectively examining gaps in state practice and rules that arguably permit the "crime of illegal peace" by insurrectionists, political elites, and moral guarantors. When warlords use violence to coerce democratically constituted governments to share power, does power-sharing simply become a euphemism for "guns for jobs"? Which legal rules, if any, govern peace agreements in internal conflicts? …


A Theory Of Expressive International Law, Alex Geisinger, Michael Ashley Stein Jan 2007

A Theory Of Expressive International Law, Alex Geisinger, Michael Ashley Stein

Faculty Publications

Ever since Grotius first suggested that desire for esteem from the broader global community motivates States to comply with international law, identifying just how this desire effects compliance has proven illusive. The ability to harness the pull of international society is important to virtually all treaty formation and compliance. It is especially important in the area of human rights regimes where other compliance forces such as coercion, are rarely, if ever, used. Recent empirical evidence, however, suggests that human rights regimes are ineffective. Indeed, in many situations this evidence suggests that the human rights practices of States that ratify such …


Creeping Monism: The Judicial Trend Toward Interpretive Incorporation Of Human Rights Treaties, Melissa A. Waters Jan 2007

Creeping Monism: The Judicial Trend Toward Interpretive Incorporation Of Human Rights Treaties, Melissa A. Waters

Scholarship@WashULaw

This Article offers a narrow lens analysis of a key debate over the role of foreign authority in U.S. courts: the use of international human rights treaties in interpreting domestic law. Professor Waters argues that recent U.S. Supreme Court decisions (including Roper v. Simmons) should be viewed as part of a transnational trend among common law courts, a trend that she calls creeping monism. Common law judges are increasingly abandoning their traditional dualist orientation to treaties and are beginning to utilize human rights treaties despite the absence of implementing legislation giving domestic legal effect to the treaties. By developing a …


Using Human Rights Treaties To Resolve Ambiguity: The Advent Of A Rights-Conscious Charming Betsy Canon, Melissa A. Waters Jan 2007

Using Human Rights Treaties To Resolve Ambiguity: The Advent Of A Rights-Conscious Charming Betsy Canon, Melissa A. Waters

Scholarship@WashULaw

This article considers the role of international human rights law in the domestic context, and examines in particular the use of what the author calls a "rights­-conscious Charming Betsy canon", whereby judges in New Zealand, Canada, the United States and Australia have interpreted statutory provisions (focusing on the case study of immigration law) so as to be consistent with international human rights norms. The author also considers the more radical use of the canon, proposed in particular by the High Court of Australia's Justice Kirby, which proposes that even constitutional texts may be interpreted to be consistent with international law, …


Normativity In The "New" Schools: Assessing The Legitimacy Of International Legal Norms Created By Domestic Courts, Melissa A. Waters Jan 2007

Normativity In The "New" Schools: Assessing The Legitimacy Of International Legal Norms Created By Domestic Courts, Melissa A. Waters

Scholarship@WashULaw

One of the great legacies of the New Haven School was its early recognition of the tremendous dynamism and complexity of the international lawmaking process. Its proponents wisely rejected both Austinian positivism and the traditional conception of "law" as a dichotomy of "national" and "international" legal rules. Instead, the policy-oriented jurisprudence of the New Haven School recognized and embraced the interactivity of a multiplicity of decisionmakers in shaping the international legal regime. Moreover, in defining law as an iterative process of authoritative decisionmaking, the New Haven School recognized that authoritative decisions need not necessarily come from official bodies such as …


Treaty Dialogue In Sanchez-Llamas: Is Chief Justice Roberts A Transnationalist, After All?, Melissa A. Waters Jan 2007

Treaty Dialogue In Sanchez-Llamas: Is Chief Justice Roberts A Transnationalist, After All?, Melissa A. Waters

Scholarship@WashULaw

Chief Justice John Roberts is generally considered to be a “nationalist” with respect to transnational judicial dialogue: for example, he has expressed skepticism as to the value of foreign authority in constitutional interpretation. In his majority opinion in Sanchez-Llamas v. Oregon, however, Roberts eagerly engages in treaty dialogue, by considering foreign and international sources in interpreting U.S. treaty obligations. This Essay examines Roberts’ use of both “direct” and “indirect” treaty dialogue in interpreting the Vienna Convention on Consular Relations. By engaging in dialogue with both treaty partners and the International Court of Justice, Roberts allows foreign precedent and practice to …


Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction In The Age Of Globalization, Steve Coughlan, Robert Currie, Hugh Kindred, Teresa Scassa Jan 2007

Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction In The Age Of Globalization, Steve Coughlan, Robert Currie, Hugh Kindred, Teresa Scassa

Articles, Book Chapters, & Popular Press

The reach of national law is often greater than its grasp. Canada, like other countries, has effective legal power over its territory and all within it. However, one consequence of the current process of globalization, for good or ill, is that Canadian interests are no longer contained exclusively within Canadian borders. Canada thus finds it increasingly necessary to consider asserting its legal jurisdiction beyond its frontiers. Such extraterritorial assertion of Canadian authority may well run into strong opposition from other countries, who might view Canada as attempting to intervene in their own national territory and domestic affairs. Likewise, other states, …


Congress, The Supreme Court, And Enemy Combatants: How Lawmakers Buoyed Judicial Supremacy By Placing Limits On Federal Court Jurisdiction, Neal Devins Jan 2007

Congress, The Supreme Court, And Enemy Combatants: How Lawmakers Buoyed Judicial Supremacy By Placing Limits On Federal Court Jurisdiction, Neal Devins

Faculty Publications

No abstract provided.


Introduction Of President Luzius Wildhaber, Stephen G. Breyer Jan 2007

Introduction Of President Luzius Wildhaber, Stephen G. Breyer

American University International Law Review

No abstract provided.


The Allocation Of Free Emissions Allowances By Germany To Its Steel Industry: A Possible Subsidy Claim Under The W.T.O. Agreement On Subsides And Countervailing Measures, Vidhi R. Shah Jan 2007

The Allocation Of Free Emissions Allowances By Germany To Its Steel Industry: A Possible Subsidy Claim Under The W.T.O. Agreement On Subsides And Countervailing Measures, Vidhi R. Shah

American University International Law Review

No abstract provided.


Who's Afraid Of The Geneva Conventions? Treaty Interpretation In The Wake Of Hamdan V. Rumsfeld, Anthony Clark Arend Jan 2007

Who's Afraid Of The Geneva Conventions? Treaty Interpretation In The Wake Of Hamdan V. Rumsfeld, Anthony Clark Arend

American University International Law Review

No abstract provided.