Law Commons^™

Customary International Law And Private Rights Of Action, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

International Straits And Transit Passages : Focus On Bosporus And Dardanelles, Cleanthis Orphanos

World Maritime University Dissertations

No abstract provided.

Nov. 2, 1999, Tuesday Group Agenda (Bic), Cao

CAO General 1999-Present

No abstract provided.

Is The United States Obligated To Drive On The Right? A Multidisciplinary Inquiry Into The Normative Authority Of Contemporary International Law Using The Arm’S Length Standard As A Case Study, Brian D. Lepard

Duke Journal of Comparative & International Law

No abstract provided.

International Fisheries Management: A Comparative Analysis Of Legal Approaches To Management In The Context Of Polar Fisheries Regimes, Stuart Bruce Kaye

PhD Dissertations

This thesis examines the management of marine living resources in international law. The thesis considers the development of the two principal approaches to fisheries management. The first approach is based upon maximising the yield of particular stocks, and is reflected in the content of the 1982 United Nations Convention on the Law of the Sea. It has evolved out of fisheries management theory developed since the 1950s, and focuses upon extracting the maximum harvest of a particular stock while still permitting that stock's biological regeneration. The second approach uses the precautionary principle, and may include management directed at the entire …

States Of Emergency - Moderating Their Effects On Human Rights, Venkat Iyer

Dalhousie Law Journal

There has been a runaway proliferation of emergency regimes worldwide in recent decades. This, coupled with the high incidence of human rights abuses which accompany them, has made states of emergency a matter of increasing concern among human rights policymakers and monitors. The author evaluates the various measures that have been taken by the international community to moderate the effects of emergencies, and outlines possible future strategies to increase the effectiveness of such measures.

Sept. 17, 1999, Cao New Accountability Mechanism At Ifc And Miga, Cao

CAO General 1999-Present

In 1998 World Bank Group President Wolfensohn created the position of the Compliance Advisor/Ombudsman (CAO) for the International Finance Corporation (IFC) and Multilateral Investment Guarantee Agency (MIGA). The CAO - like the Inspection Panel in the World Bank — is designed to provide a mechanism for local communities adversely affected by IFC and MIGA supported projects to raise then" concerns. The CAO is independent of line management and reports directly to the President. In addition to providing a route for local communities to raise issues and complaints about specific projects, the office is intended to provide independent and objective advice …

Sept.14.1999, Cao, Facilitators' Summary Of Issues Day 1 Of Roundtable, Cao

CAO General 1999-Present

No abstract provided.

Sept. 13-15 1999, Agenda, Cao Roundtable, Mtg On Proc's, Cao

CAO General 1999-Present

No abstract provided.

Sept.13-15, 1999, Cao Discussion Paper For Cao Roundtable Meeting (9.3.1999, Draft), Cao

CAO General 1999-Present

No abstract provided.

Oct. 22.1999, Draft Cao Operational Guidelines (V.7.), Cao

CAO General 1999-Present

The IFC/MIGA Environmental and Social Compliance Advisor Ombudsman (CAO) is an independent post that reports directly to the President of the World Bank Group. The post was established in 1999. Its purpose is assisting the International Finance Corporation (IFC) and the Multilateral Investment Guarantee Agency (MIGA) to enhance the social and environmental outcomes of projects in which they play a role.

Sept. 1999, Draft, Measures For Success For Roundtable., Cao

CAO General 1999-Present

No abstract provided.

Jul. 8, 1999, Harmful Child Labor Interim Guidance, Ifc

IFC E&S Performance Standards

No abstract provided.

Intensional Contexts And The Rule That Statutes Should Be Interpreted As Consistent With International Law, John M. Rogers

Notre Dame Law Review

No abstract provided.

Facing The Truth: Seeing The Convention On Contracts For The International Sale Of Goods As An Obstacle To A Uniform Law Of International Sales, James E. Bailey

Cornell International Law Journal

No abstract provided.

Globalization, Law, And The Transformation Of Sovereignty: The Emergence Of Global Regulatory Governance, Kanishka Jayasuriya

Indiana Journal of Global Legal Studies

No abstract provided.

Guarding The Gates With Two Faces: International Law And Political Reconstruction, Susan Marks

Indiana Journal of Global Legal Studies

No abstract provided.

Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause, Zephyr Rain Teachout

Duke Law Journal

No abstract provided.

April, 1999, Ifc Miga Announces Compliance Advisor, Cao

CAO General 1999-Present

No abstract provided.

March. 23.1999, Letter From R. Caines To D. Hunter, Participation In Ifc Envt Retreat, Richard Caines

CAO General 1999-Present

No abstract provided.

Clash Of Power And Jurisdiction: The United States Supreme Court V. The International Court Of Justice, Charles B. Radlauer

St. Thomas Law Review

In Breard v. Greene, the Supreme Court of the United States ignored an order of the International Court of Justice ("ICJ") requesting a temporary stay of execution. In so doing, the Court may have violated Article 94 of the United Nations Charter, a duly ratified treaty of the United States, which requires the United States to abide by decisions of the ICJ. This case arose in federal court on a writ of habeas corpus on appeal from a state court conviction of attempted rape and murder in Virginia. After the writ of habeas corpus was denied in both the district …

Profile Of Dr.Juan E. Garces, Chief Lawyer In The Spanish Case Against General Augusto Pinochet , Sarah C. Aird, Teven Hernandez

Human Rights Brief

No abstract provided.

Chinese Law And American Legal Education (Foreword), Vincent R. Johnson

Faculty Articles

The rise of international and comparative law within the typical law school curriculum has been a profound change in American legal education. As international and comparative law gradually rose to prominence during the last part of the twentieth century, the attention of American legal educators often focused on Europe. However, law reform in China is today a priority of the government. With a vitality that echos American legislative achievements during the Progressive Era, the New Deal, and the Great Society, China is overhauling the laws that shape Chinese society and govern relations with persons and states abroad.

Members of the …

Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine

Fordham Urban Law Journal

There has been a "religious lawyering movement," where religion has gained increased prominence in the legal profession and academia. This essay discusses one aspect of the movement, Jewish law in the American law school curriculum. The author describes four models for courses teaching Jewish law in American law schools, outlining their advantages and disadvantages. The first model teaches Jewish law in comparative law. The course would compare and contrast the substantive areas of law in both Jewish and American law. The second model teaches Jewish law in international law. By focusing on the impact of Jewish law on Israel's legal …

Jurisdictional Salvation And The Hague Treaty , Kevin M. Clermont

Cornell Law Review

No abstract provided.

Commercial Common Law, The United Nations Convention On The International Sale Of Goods, And The Inertia Of Habit, David Frisch

Law Faculty Publications

This Article develops a model of judicial behavior that rests on the idea that a judge's decision is a function of her attitudes and role orientations and these, in turn, are heavily influenced by her law school education. The result is an intellectual stubbornness that may lead judges to reject not only optional innovations that may present themselves, but may also cause them to construe mandatory provisions as if no change had occurred. This model and the Convention on the International Sale of Goods illustrate situations in which the emerging international commercial code may play an important role in the …

Discovery In International Legal Developments Year In Review: 1998, Christopher J. Borgen

Faculty Publications

American procedure regarding international discovery stems from 28 U.S.C. §§ 1781-1783, and the Federal Rules of Civil Procedure, in particular Rule 28(b). The leading case on the topic of international discovery is the Supreme Court's decision in Société Nationale Industielle Aerospatiale v. United States District Court. Many later cases base their reasoning on interpretations of Aerospatiale. This article is a brief review of developments during the year.

Cultural Relativism And Cultural Imperialism In Human Rights Law, Guyora Binder

Journal Articles

The "Universalism-Cultural Relativism" debate proceeds on the assumption that international human rights law requires the identification of fundamental principles of justice that transcend culture, society, and politics. Thus, the debate presumes that to assert the cultural relativity of justice is to deny the legitimacy of international human rights law. This comment challenges this presumed linkage between international human rights law and universally valid criteria of justice. Human rights standards are obviously culturally relative, and human rights law is obviously a Western institution. But so are the kind of states that human rights law sets out to restrain. The nation-state ideal …

In Memoriam: Abram Chayes (1922-2000), Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

The Sky Is Falling (Or Is It?): International Contracts And The Y2k Problem, Mark B. Baker

Vanderbilt Journal of Transnational Law

Y2K problems at this point in time are reasonably foreseeable due to the amount of attention given the subject. Contracting parties should examine potential Y2K problems arising internally and address them before January 1, 2000. Yet the extent of Y2K problems, be they widespread or solitary occurrences, remains unforeseeable and unpredictable. Even those parties having adequately addressed internal Y2K problems can experience difficulties due to external parties having failed to become Y2K-compliant. This "second tier" of unforeseeability supports the use of excused performance, but the "first tier" foreseeability that Y2K problems potentially exist prevent viable use of the defense. In …