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Full-Text Articles in Law

Legal Formalism Meets Policy-Oriented Jurisprudence: A More European Approach To Frame The War On Terror, Julien Cantegreil Oct 2017

Legal Formalism Meets Policy-Oriented Jurisprudence: A More European Approach To Frame The War On Terror, Julien Cantegreil

Maine Law Review

Myres S. McDougal, the leader of the New Haven School of International Law (NHSIL), advanced a comprehensive and iconoclastic conception of international law and its goals, one whose continuing influence is well-known today: a visceral rule-skepticism that even his least fervent disciples would never renounce. McDougal’s conception of international law and its goals is fundamentally different from the normativist view of Hans Kelsen, which has been and continues to be enormously influential throughout continental Europe, particularly in France. In the portion of his 1953 course at The Hague Academy of International Law devoted to Kelsen’s canonical Legal Technique in International …


The Dynamic Of Institutional Discrepancies And Growing Contradiction Within The International Economic Order, Chantal Thomas Feb 2015

The Dynamic Of Institutional Discrepancies And Growing Contradiction Within The International Economic Order, Chantal Thomas

Chantal Thomas

No abstract provided.


The Other In International Law: 'Community' And International Legal Order, Maxwell O. Chibundu Jul 2011

The Other In International Law: 'Community' And International Legal Order, Maxwell O. Chibundu

Maxwell O. Chibundu

There is a built-in paradox in the emergence of international law over the last decade as a core concern of academics and policy-makers. On the one hand, it is difficult to imagine any other period in history that has witnessed such a profusion of attempts to tame the anarchical society by hedging it in a straight-jacket of legalities. Throughout the 1990s, international conferences generated reams of treaties, codes, and agendas for action. International adjudicatory tribunals proliferated, and endeavored to give teeth to ideas and obligations hitherto thought to be essentially aspirational. And yet, the ability of international law to regulate …


The Other In International Law: 'Community' And International Legal Order, Maxwell O. Chibundu Mar 2004

The Other In International Law: 'Community' And International Legal Order, Maxwell O. Chibundu

Faculty Scholarship

There is a built-in paradox in the emergence of international law over the last decade as a core concern of academics and policy-makers. On the one hand, it is difficult to imagine any other period in history that has witnessed such a profusion of attempts to tame the anarchical society by hedging it in a straight-jacket of legalities. Throughout the 1990s, international conferences generated reams of treaties, codes, and agendas for action. International adjudicatory tribunals proliferated, and endeavored to give teeth to ideas and obligations hitherto thought to be essentially aspirational. And yet, the ability of international law to regulate …


The Dynamic Of Institutional Discrepancies And Growing Contradiction Within The International Economic Order, Chantal Thomas Jan 2003

The Dynamic Of Institutional Discrepancies And Growing Contradiction Within The International Economic Order, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.


Provisional Relief In Transnational Litigation, George A. Bermann Jan 1997

Provisional Relief In Transnational Litigation, George A. Bermann

Faculty Scholarship

In this article, Professor Bermann identifies and analyzes the principal problems raised by the rapidly growing phenomenon of transnational provisional relief National courts are facing serious challenges in organizing such interventions, but as yet lack a sufficiently comprehensive framework of analysis. The author begins with the clarifying distinction that provisional relief may be transnational either because of its significant effects abroad or because it lends support to protective measures ordered by foreign courts, and draws on the experiences of U.S. and foreign courts in determining the costs of both granting and withholding provisional relief He concludes that, despite the very …


Introduction: The Future Of Chinese Law, Stanley B. Lubman Mar 1995

Introduction: The Future Of Chinese Law, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

The interaction between the millennial dominant orientations of Chinese culture and the entire impact of modernization and of Marxism-Leninism is a story that is unfolding before our eyes, and we have no neat formula for predicting its outcome.


Book Review. Asian African Legal Consultative Committee, Report Of The Ninth Session Held In New Delhi From 18th To 29th, December, 1967, A. A. Fatouros Jan 1971

Book Review. Asian African Legal Consultative Committee, Report Of The Ninth Session Held In New Delhi From 18th To 29th, December, 1967, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.