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Articles 1561 - 1590 of 3382
Full-Text Articles in Law
International Security And International Law In The Northwest Passage, James Kraska
International Security And International Law In The Northwest Passage, James Kraska
Vanderbilt Journal of Transnational Law
Concern over the loss of sea ice has renewed discussions over the legal status of the Arctic and subarctic transcontinental maritime route connecting the Atlantic and Pacific Oceans, referred to as the "Northwest Passage." Over the past thirty years, Canada has maintained that the waters of the Passage are some combination of internal waters or territorial seas. Applying the rules of international law, as reflected in the 1982 United Nations Law of the Sea Convention, suggests that the Passage is a strait used for international navigation. Expressing concerns over maritime safety and security, recognition of northern sovereignty, and protection of …
The Crisis Of International Law, Rafael Domingo
The Crisis Of International Law, Rafael Domingo
Vanderbilt Journal of Transnational Law
This Article delves into the reasons for the current crisis in the traditional international law system, considering how the system developed through the centuries in order to respond to the needs and circumstances of past historical epochs, as well as how the system is no longer capable of meeting the unique developments and needs of life in the Third Millennium. The Article considers the fundamental problems of a state-based system of international law that--rather than focusing on the prime actor and focus of the law, the human person, and his inherent dignity--concentrates on and gives enormous power to the artificial …
Does Anyone Really Want A Parliament Of Man?, Kenneth Anderson
Does Anyone Really Want A Parliament Of Man?, Kenneth Anderson
Scholarly Articles in Law Reviews & Journals
American University, WCL Research Paper No. 2010-05 Abstract: This is a review-essay of historian Paul Kennedy's recent history of the UN and global governance, The Parliament of Man. It offers a critical look at Kennedy's account of the development of the UN as the gradual, if fitful, progress of the United Nations towards global governance under an order of liberal internationalism - the slow triumph of international institutions and law over the the anarchy of international power politics among sovereign states. The essay argues that what Kennedy views as the gradual movement toward global governance by the UN, or international …
The Future Of Corporate Accountability For Violations Of Human Rights, Christiana Ochoa
The Future Of Corporate Accountability For Violations Of Human Rights, Christiana Ochoa
Articles by Maurer Faculty
No abstract provided.
The City And International Law: In Pursuit Of Sustainable Development, Ileana Porras
The City And International Law: In Pursuit Of Sustainable Development, Ileana Porras
Articles
No abstract provided.
International Law: Practical Authority, Global Justice, John Linarelli
International Law: Practical Authority, Global Justice, John Linarelli
Scholarly Works
No abstract provided.
American Law And Transnational Corruption: Is There A Need For Lincoln’S Law Abroad?, Paul D. Carrington
American Law And Transnational Corruption: Is There A Need For Lincoln’S Law Abroad?, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Treaties As "Part Of Our Law", Ernest A. Young
Treaties As "Part Of Our Law", Ernest A. Young
Faculty Scholarship
No abstract provided.
Can International Law Work? A Constructivist Expansion, Harlan G. Cohen
Can International Law Work? A Constructivist Expansion, Harlan G. Cohen
Faculty Scholarship
An increasing number of scholars have begun to apply rational choice methodologies to the study of international law. Earlier rational choice scholarship voicing skepticism about international law’s true force has since been followed by sophisticated rational choice defenses of international law. This review essay focuses on Andrew Guzman’s recent book HOW INTERNATIONAL LAW WORKS: A RATIONAL CHOICE THEORY (2008), one of the best of those defenses. In that book, Guzman develops an elegant and sophisticated account of 'reputation' and the role it can play in encouraging rational compliance with international law. Based on this account, Guzman makes a powerful case …
Toward A Theory Of Persuasive Authority, Chad Flanders
Toward A Theory Of Persuasive Authority, Chad Flanders
All Faculty Scholarship
The debate about the citation of foreign authorities has become stale. One side says that citing foreign authorities means being beholden to foreign sovereigns. The other side responds that this is nonsense, as the authorities are being used only for their "persuasive value." But do we even have a good idea of what it means to be a persuasive authority? My essay is the first to focus entirely on the notion of persuasive authority and to make the first steps towards providing a general theory of it. I make two major contributions. First, I try to show that there is …
United States Detention Operations In Afghanistan And The Law Of Armed Conflict, Matthew C. Waxman
United States Detention Operations In Afghanistan And The Law Of Armed Conflict, Matthew C. Waxman
Faculty Scholarship
Looking back on US and coalition detention operations in Afghanistan to date, three key issues stand out: one substantive, one procedural and one policy. The substantive matter – what are the minimum baseline treatment standards required as a matter of international law? – has clarified significantly during the course of operations there, largely as a result of the US Supreme Court’s holding in Hamdan v. Rumsfeld. The procedural matter – what adjudicative processes does international law require for determining who may be detained? – eludes consensus and has become more controversial the longer the Afghan conflict continues. And the …
Great Power Politics And The Structure Of Foreign Relations Law, Daniel Abebe
Great Power Politics And The Structure Of Foreign Relations Law, Daniel Abebe
Faculty Scholarship
Foreign relations law serves as an internal constraint on the unilateral exercise of foreign relations powers through the distribution of authority within the national government. Given the predominance of the executive branch in foreign affairs, courts routinely resolve questions regarding the breadth of the executive's authority by reference to the Constitution, legal precedent, historical practice, and functional considerations. Though courts generally focus on these domestic factors, they have been historically quite sensitive to the international political implications of their decisions. But we don't have a clear understanding of how or when courts consider international politics in resolving foreign relations law …
The 60th Anniversary Of The Prc: A Retrospective On The Chinese Legal System – Introduction, Benjamin L. Liebman
The 60th Anniversary Of The Prc: A Retrospective On The Chinese Legal System – Introduction, Benjamin L. Liebman
Faculty Scholarship
Since its establishment in 1987, the Columbia Journal of Chinese Law and its successor, the Columbia Journal of Asian Law, have played an important role in publishing English language scholarship about the law of China and Asia. An important part of this mission has been the publication of scholarship not only by scholars in the United States and Europe, but also by scholars from China and elsewhere in Asia. I am delighted that this special edition of the Journal, marking the sixtieth anniversary of the establishment of the People's Republic of China and thirty years of legal reforms in China, …
Crucial Role Of The States And Private International Law Treaties: A Model For Accommodating Globalization, The, Julian G. Ku
Crucial Role Of The States And Private International Law Treaties: A Model For Accommodating Globalization, The, Julian G. Ku
Missouri Law Review
This brief essay highlights the central and important role that state governments play in the development and integration of private international law treaties into the United States legal system. States play this central role even though, as some of the papers in this symposium have concluded, there are few, if any, constitutional constraints on the ability of the federal government to sign, ratify, and implement treaties that would displace state law. The primacy of states in the integration of private international law, this essay argues, points the way to a model of accommodation of other kinds of treaties affecting traditional …
What Story Got Wrong - Federalism, Localist Opportunism And International Law, Paul B. Stephan
What Story Got Wrong - Federalism, Localist Opportunism And International Law, Paul B. Stephan
Missouri Law Review
I first explain the theoretical underpinning of the argument against the inevitability of localist opportunism. I then illustrate the general theory with three examples where the international obligations of the United States can be met without the strong federal supervision that Story deemed necessary and that latter-day nationalists embrace. I first discuss the body of law that was the subject of Swift v. Tyson, namely the rules governing negotiable instruments. Story thought that developing a federal common law was necessary to thwart idiosyncratic, and presumably opportunistic, state decisions. Yet both before and after the overthrow of Swift v. Tyson in …
Foreword, Margaret E. Mcguinness
Foreword, Margaret E. Mcguinness
Missouri Law Review
Columbia, Missouri is a fitting venue at which to continue the conversation about Missouri v. Holland and explore the intersection of law-making at the international, national and sub-national levels. This symposium revisits the debate over national and local control over foreign affairs and brings together the constitutional doctrinal discussion and accounts of the globalization of regulation that consider the complexity of influences operating within and between multiple systems of law. Both the factual background of Holland (primarily a case about environmental regulation) and the doctrinal context in which it arose (a Supreme Court poised to move toward constitutional endorsement of …
Federalism And Horizontality In International Human Rights , Margaret E. Mcguinness
Federalism And Horizontality In International Human Rights , Margaret E. Mcguinness
Missouri Law Review
The advent of the international human rights system is one of the many changes to international law since the time Missouri v. Holland was decided. As other contributions to this symposium note, one of the challenging federalism questions raised by Holland in this new era is the effect of international human rights treaties and emerging customary international human rights law on U.S. states. And just as the creation of the international human rights regime has affected domestic analysis of federalism, the international human rights system has itself adjusted to the processes of federalism. The human rights regime is largely structured …
Internationalism Of American Federalism: Missouri And Holland, The, Judith Resnik
Internationalism Of American Federalism: Missouri And Holland, The, Judith Resnik
Missouri Law Review
This Earl F. Nelson Lecture, given at the University of Missouri School of Law's Symposium, Return to Missouri v. Holland: Federalism and International Law, developed from and overlaps with a series of articles including Ratifying Kyoto at the Local Level: Sovereigntism, Federalism, and Translocal Organizations of Government Actors (TOGAs), 50 ARIZ. L. REV. 709 (2008) (with Joshua Civin and Joseph Frueh); Lessons in Federalism from the 1960s Class Action Rule and the 2005 Class Action Fairness Act: "The Political Safeguards'" ofAggregate Translocal Actions, 156 U. PA. L. REv. 1929 (2008); Law as Affiliation: "Foreign " Law, Democratic Federalism, and the …
Federalism And International Law Through The Lens Of Legal Pluralism, Paul Schiff Berman
Federalism And International Law Through The Lens Of Legal Pluralism, Paul Schiff Berman
Missouri Law Review
In this brief Essay, then, I wish to engage in a thought experiment by looking at both federalism and international law through a pluralist rather than a sovereigntist lens. First, I summarize the pluralist literature and some of its core insights and suggest that scholars interested in international law (and its relationship with domestic law) would do well to consider this literature. Second, I provide a few examples of jurisdictional redundancy operating in the transnational, international, and federalist realm and show how the existence of multiple fora can both empower voices that might otherwise be silenced and effect changes of …
Foreign Affairs, International Law, And The New Federalism: Lessons From Coordination, Robert B. Ahdieh
Foreign Affairs, International Law, And The New Federalism: Lessons From Coordination, Robert B. Ahdieh
Missouri Law Review
Even after the departure of two of its most prominent advocates - Chief Justice William Rehnquist and Justice Sandra Day O'Connor - the federalism revolution initiated by the Supreme Court almost twenty years ago continues its onward advance. If recent court decisions and congressional legislation are any indication, in fact, it may have reached a new beachhead in the realm of foreign affairs and international law. The emerging federalism in foreign affairs and international law is of a distinct form, however, with distinct implications for the relationship of sub-national, national, and international institutions and interests. This article draws on the …
International Decision: Munaf V. Geren, Harlan G. Cohen
International Decision: Munaf V. Geren, Harlan G. Cohen
Scholarly Works
This International Decision case comment, the final version of which will be published in Volume 102, No. 4, of the American Journal of International Law (forthcoming), examines the U.S. Supreme Court's decision in Munaf v. Geren, a case arising out of U.S. operations in Iraq and allegations of potential torture in Iraqi custody. In that decision, a unanimous Supreme Court held that the federal courts have jurisdiction under the habeas corpus statute to hear claims brought by American citizens held overseas by American forces "operating subject to an American chain of command, even when those forces are acting as a …
States, Markets, And Gatekeepers: Public-Private Regulatory Regimes In An Era Of Economic Globalization, Christopher M. Bruner
States, Markets, And Gatekeepers: Public-Private Regulatory Regimes In An Era Of Economic Globalization, Christopher M. Bruner
Scholarly Works
This paper illuminates the spectrum of international economic regimes through discussion of an under-theorized regulatory structure in which traditional distinctions between state and market, public and private power, hard and soft law, and international and domestic policy realms, essentially collapse - the public-private gatekeeper.
Specifically, I examine striking similarities between global bond markets and e-commerce markets through comparison of entities regulating admission to them - the dominant credit rating agencies (Standard & Poor's and Moody's), and the Internet Corporation for Assigned Names and Numbers (ICANN). Following anexamination of the development of these markets and the global regulatory power exercised by …
Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir
Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir
University of Miami International and Comparative Law Review
In 2004-05, two American Citizens, Shaqir Omar and Mohamed Munaf were separately arrested in Iraq and placed in the Camp Cropper Military Facility, pending adjudication. Both prisoners filed writs of habeas corpus in the United States District Court for the District of Columbia. The primary issue that the lower courts grappled with was whether or not the courts had jurisdiction to hear the petitions. After various appeals, the United States Supreme Court concluded that the federal courts did have jurisdiction to entertain the habeas petitions but that the petitions would fail on the merits. This paper argues that the standard …
The Inter-American System Of Human Rights: Challenges For The Future, Claudio Grossman
The Inter-American System Of Human Rights: Challenges For The Future, Claudio Grossman
Scholarly Articles in Law Reviews & Journals
The Inter-American system is a combination of human rights norms and supervisory institutions within the Americas. The applicable rules consist primarily of the American Declaration on the Rights and Duties of Man ("American Declaration") and the American Convention on Human Rights ("American Convention"). The institutions involved are the organs responsible for supervising compliance with the established rules: the Inter-American Commission on Human Rights ("the Commission") and the Inter-American Court of Human Rights ("the Court"). The system performs supervisory functions basically through country reports adopted by the Commission which describe the overall human rights situation in a country and decisions in …
Foreign Affairs, International Law, And The New Federalism: Lessons From Coordination, Robert B. Ahdieh
Foreign Affairs, International Law, And The New Federalism: Lessons From Coordination, Robert B. Ahdieh
Faculty Scholarship
Even after the departure of two of its most prominent advocates - Chief Justice William Rehnquist and Justice Sandra Day O'Connor - the federalism revolution initiated by the Supreme Court almost twenty years ago continues its onward advance. If recent court decisions and congressional legislation are any indication, in fact, it may have reached a new beachhead in the realm of foreign affairs and international law. The emerging federalism in foreign affairs and international law is of a distinct form, however, with distinct implications for the relationship of sub-national, national, and international institutions and interests.
This article - prepared for …
Second Panel: Labor Markets, Income Inequality And Globalization, Fran Ansley
Second Panel: Labor Markets, Income Inequality And Globalization, Fran Ansley
Scholarly Works
No abstract provided.
Citizenship, Public And Private, Karen Knop
Citizenship, Public And Private, Karen Knop
Law and Contemporary Problems
Knop develops private international law as the private side of citizenship. She shows that although individuals think of citizenship as public, private international law covers some of the same ground. Private international law also harks back to a historical conception of the legal citizen as someone who could sue and be sued, and someone who belonged to a community of shared or common law that was not necessarily a territorial community. She demonstrates that Anglo-Canadian private international law has particular value as private citizenship in a post-9/11 world because its treatment of enemy aliens, illegal immigrants, and members of religious …
Victims And Promise Of Remedies: International Law Fairytale Gone Bad, Sanja Djajic
Victims And Promise Of Remedies: International Law Fairytale Gone Bad, Sanja Djajic
San Diego International Law Journal
The aim of this Article is to examine such developments and the current availability of remedies for human rights violations in general. The Author will also examine the appropriateness of such remedies and opportunities to pursue them. The Article starts by identifying remedies in international law. This is followed by a case study and analysis of attempts by several national judiciaries to grapple with remedies prescribed by international law, against the background of international and national remedies. In the course of examining the reasons for an inadequate remedial structure, the Article will focus on several national cases. They will illustrate …
Human Trafficking: Addressing The International Criminal Industry In The Backyard, Sarah King
Human Trafficking: Addressing The International Criminal Industry In The Backyard, Sarah King
University of Miami International and Comparative Law Review
Human trafficking is a modern phenomenon with ancient roots; it is a degrading institution that generates billions of dollars annually; it is an international problem that sits in our own backyards. Because human trafficking raises, among many issues, questions of international law, human rights violations, global economic concerns and matters related to organized crime, a discussion on human trafficking could take many forms. This paper will attempt define human trafficking in a modern context; discuss the interplay between international, national, and state specific human trafficking laws; and provide analysis on where we need to go as part of an international …
The Evolution Of International Law, Milena Sterio
The Evolution Of International Law, Milena Sterio
Law Faculty Articles and Essays
Globalization, characterized by the inter-connectivity of persons, states, and non-state actors on a global plane, has led to the development of binding international law across several legal fields, namely, international human rights, international criminal law, and private international law. This Article explores the proliferation of actors, norms, and organizations, as well as the expansion of international jurisdiction that has underscored the development of international law over the last half century. The Article focuses on the impact of globalized international law on state actors, as well as on individuals, by reshaping their behavior in the international realm. In particular, this Article …