Law Commons^™

May 12, 2005, Cao, Reference Group Meeting Draft Agenda, Cao

CAO General 1999-Present

No abstract provided.

May 10, 2005, Ltr From M. Taylor To D. Hunter, Re Ifc Performance Standards, Meg Taylor

CAO General 1999-Present

No abstract provided.

Divided By Common Interests: Transatlanticism And The Future Of International Law After Iraq, Aaron X. Fellmeth

ExpressO

This article argues that the Security Council dispute between the United States and England on one hand and France and Germany on the other should not be taken to indicate any fundamental disagreement about the role of international law in the world public order.

May 5, 2005, Cao Agenda, Cao

CAO General 1999-Present

No abstract provided.

May 5-6 2005, Cao, Agenda Strategic Advisors Meeting, Cao

CAO General 1999-Present

No abstract provided.

May 5, 2005, M. Taylor, Summary Of Cao Origins For Paul Wolfowitz, Meg Taylor

CAO General 1999-Present

No abstract provided.

May 2005, Dfid, Comments Of The Uk's Dfid On Ifc Safeguards Rev, Ifc

IFC E&S Performance Standards

No abstract provided.

David P. Forsythe On The United States And The Rule Of Law In International Affairs By John F. Murphy. Cambridge: Cambridge University Press, 2004. 367pp., David P. Forsythe

Human Rights & Human Welfare

A review of:

The United States and the Rule of Law in International Affairs by John F. Murphy. Cambridge: Cambridge University Press, 2004. 367pp.

Apr. 29, 2005, Civil Society Matrix Analysis Of Ifc Draft Policy And Pss, Ifc

IFC E&S Performance Standards

No abstract provided.

Apr. 29, 2005, Consultation Advisory No.7, Ann Pasco

IFC E&S Performance Standards

No abstract provided.

Apr. 27, 2005, Ifc, Slides For Ces Strategy, Ifc

IFC E&S Performance Standards

No abstract provided.

The Customary International Law Game, Joel P. Trachtman, George Norman

ExpressO

Structural realists in political science and some rationalist legal scholars argue that customary international law cannot affect state behavior: that it is “epiphenomenal.” This article develops a game theoretic model of a multilateral prisoner’s dilemma in the customary international law context that shows that it is plausible that states would comply with customary international law under certain circumstances. Our model shows that these circumstances relate to: (i) the relative value of cooperation versus defection, (ii) the number of states effectively involved, (iii) the extent to which increasing the number of states involved increases the value of cooperation or the detriments …

Apr. 8, 2005, Pres. Wolfensohn, Ifc Strategic Directions- Implementation Update And Fy06-Fy08 Outlook, Ifc

IFC E&S Performance Standards

No abstract provided.

The New Deterrence: Crime And Policy In The Age Of Globalization, Patrick Keenan

ExpressO

Globalization has made it much easier for criminal activity to cross borders, but deterrence theory has not kept up with this changed reality. I draw insights from both law-and-economics and criminology literature to enrich our understanding of deterrence. I ground my theoretical discussion in the real-world problem of sex tourism as an example of the kind of unwanted activity that now crosses borders and has complicated our understanding of deterrence. I focus on two issues central to deterrence that have not gotten sufficient scholarly attention: the phenomenon of displacement and the role of status. I argue that informal sanctions, as …

Environmental Justice: A Universal Discourse, Dean Rivkin

Scholarly Works

No abstract provided.

Tax Discrimination In The Nafta Bloc: The Impact Of Tax And Trade Agreements On The Cross-Border Trade In Services, Catherine Brown

Dalhousie Law Journal

This paper considers the impact of international agreements in disciplining tax discrimination affecting cross-bordertrade in services. It addresses three questions. First, how do tax and trade agreements interact in the discipline of tax measures affecting cross-border service providers? Second, does this interaction result in tax discrimination against foreign service providers in the NAFTA bloc? Third, if so, what remedies, if any, are available to cross-border service providers with respect to tax measures that are discnminatory? The paper concludes with illustrative examples that service providers in the NAFTA bloc, depending on the applicable treaty are subject to differing tax treatments, are …

Draft- Civil Society Analysis Of Ifc's Proposed Performance Standard, Ifc

IFC E&S Performance Standards

No abstract provided.

Mar. 29, 2005, A. Durbin Foe. J. Frijns Banktrack Memo To Equator Banks Re Ifc Draft, Andrea Durbin

IFC E&S Performance Standards

No abstract provided.

Compliance Theory And The Inter-American Court Of Human Rights, Morse Tan

ExpressO

Abstract This essay fills a gap by exploring compliance theory in international law to the Inter-American Court of Human Rights. After introducing the topic and setting the context, it delves into the question of why nations follow international law. Interacting with prominent theoretical models (including the managerial model, fairness and legitimacy, transnational legal process, self-interest, and a comparative perspective with Europe), it arrives at a critical synthesis in the conclusion.

Teaching National Security Law, Michael J. Glennon

Journal of Legal Education

No abstract provided.

Compliance Theory And The Inter-American Court Of Human Rights, Morse Tan

ExpressO

This essay fills a gap by exploring compliance theory in international law in relation to the Inter-American Court of Human Rights. After introducing the topic and setting the context, it delves into the question of why nations follow international law. Interacting with prominent theoretical models (including the managerial model, fairness and legitimacy, transnational legal process, self-interest, and a comparative perspective with Europe), it arrives at a critical synthesis in the conclusion.

The Jurisprudential Foundation Of Law, Especially International Law: The Basis For True Progress & Reform, Morse Tan

ExpressO

This essay makes a unique case for the existence of justice, higher law and virtue by drawing on classic thinkers from both East and West. It asserts that no better jurisprudential foundation can be found. The need for this foundation emerges more clearly in the international context, but it applies to all legal systems.

After introducing the topic, explaining the relevance of this jurisprudence, responding to objections, and critiquing competing approaches, this essay presents pertinent sources from the East. Well-regarded in the East but less known to the West, writers such as Mencius, Tao, Hsuntze, and the Neo Confucianists from …

Minority Rights, Minority Wrongs, Elena A. Baylis

ExpressO

Many of the new democracies established in the last twenty years are severely ethnically divided, with numerous minority groups, languages and religions. In conflicts between minorities and the state, human rights and minority rights values are one set of battlefields, and claimed abuses are the weapons of choice for all sides.

National human rights institutions stand at the center of these conflicts. Minority groups should be a primary constituency for these institutions. Nonetheless, only a few of the human rights institutions in severely divided states report developing programs directed at minorities, and many shy away from involvement in their conflicts. …

Blocking Legal Evolution And Paying The Price: Property And Conflict In The Nigerian Highlands, Karol C. Boudreaux

ExpressO

This article examines current high levels of violent conflict in Plateau State in central Nigeria using an economic property-rights analysis that draws on the work of Harold Demsetz, Robert Cooter, Terry Anderson and Fred McChesney.

The thesis of the article is that this wide-spread violent conflict over resource use/access is tied, in important ways, to the passage of federal legislation in Nigeria that nationalized land. This legislation, I contend, blocked the continued evolution of customary land-law norms that had evolved to meet a variety of land-use needs and that had a relatively low-cost and transparent indigenous dispute resolution mechanism.

The …

Compliance Theory And The Inter-American Court Of Human Rights, Morse Hyun-Myung Tan

ExpressO

This essay fills a gap by exploring compliance theory in international law to the Inter-American Court of Human Rights. After introducing the topic and setting the context, it delves into the question of why nations follow international law. Interacting with prominent theoretical models (including the managerial model, fairness and legitimacy, transnational legal process, self-interest, and a comparative perspective with Europe), it arrives at a critical synthesis in the conclusion.

Authorizations For The Use Of Force, International Law, And The "Charming Betsy" Canon, Ingrid Wuerth

Vanderbilt Law School Faculty Publications

Although international law has figured prominently in many disputes around actions of the U.S. military, the precise relationship between international law and the President's war powers has gone largely unexplored. This Article seeks to clarify one important aspect of that relationship: the role of international law in determining the scope of Congress's general authorizations for the use of force. In the seminal case of Hamdi v. Rumsfeld, the plurality opinion used international law to interpret the authorization by Congress for the use of force, but did so without adequate attention to the content or interpretive function of international law. This …

The Milosevic Trial - Live: An Iconical Analysis Of International Law's Claim Of Legitimate Authority, Maya Steinitz

Faculty Scholarship

It has been argued that international law has recently "come of age", that it is a fully-fledged legal system like any other. It has also been argued that in order for a normative system to qualify as "law" it must, at the least, claim to possess legitimate authority and to be supreme to other normative systems. This article examines one highly visible development in international law - the criminal war trials - from a sociological perspective, trying to discern whether and how international law claims legitimate authority and supremacy. Specifically, it focuses on a deeply symbolic example of international criminal …

Aaron Peron Ogletree On Indigenous Peoples In International Law (Second Edition) By S. James Anaya. Oxford: Oxford University Press, 2004. 396pp., Aaron Peron Ogletree

Human Rights & Human Welfare

A review of:

Indigenous Peoples In International Law (Second Edition) by S. James Anaya. Oxford: Oxford University Press, 2004. 396pp.

Feb 14, 2005, Agenda, Participiants For Mtg On Ifc And Human Rights, Ifc

IFC E&S Performance Standards

No abstract provided.

Reply Declaration On Issues Of International Law, Laws Of War, Corporate Liability In International Law In Agent Orange Ats Litigation, Kenneth Anderson

Legislative Testimony & Comments

This reply declaration elaborates the November 2, 2004 declaration on behalf of corporate defendants by Kenneth Anderson in the Agent Orange product liability ATS case heard before Judge Jack B. Weinstein. I have posted the declaration and this reply declaration to SSRN because of frequent requests for them from academics and because the declaration has been cited in scholarship. The reply declaration addresses the use of Agent Orange in the Vietnam War and the claim that its use in that period violated the laws of armed conflict. It discusses treaty and customary law of poison and poisoned weapons, issues of …