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Articles 1 - 30 of 44
Full-Text Articles in Law
Disaggregating Customary International Law, Paul B. Stephan
Disaggregating Customary International Law, Paul B. Stephan
Duke Journal of Comparative & International Law
No abstract provided.
Identifying And Enforcing Back-End Electoral Rights In International Human Rights Law, Katherine A. Wagner
Identifying And Enforcing Back-End Electoral Rights In International Human Rights Law, Katherine A. Wagner
Michigan Journal of International Law
From Kenya to Afghanistan, Ukraine, the United States, Mexico, and Iran, no region or form of government has been immune from the unsettling effects of a contested election. The story is familiar, and, these days, hardly surprising: a state holds elections, losing candidates and their supporters claim fraud, people take to the streets, diplomats and heads of state equivocate, and everyone waits for the observers' reports. It is the last chapter of this story-the resolution-that remains unfamiliar and still holds the potential to surprise. The increasing focus on and importance of the resolution of contested elections, that resolution's link to …
Israel, Palestine, And The Icc, Daniel Benoliel, Ronen Perry
Israel, Palestine, And The Icc, Daniel Benoliel, Ronen Perry
Michigan Journal of International Law
In the wake of the Israel-Gaza 2008-09 armed conflict and recently commenced process at the International Criminal Court (ICC), the Court will soon face a major challenge with the potential to determine its degree of judicial independence and overall legitimacy. It may need to decide whether a Palestinian state exists, either for the purposes of the Court itself, or perhaps even in general. The ICC, which currently has 113 member states, has not yet recognized Palestine as a sovereign state or as a member. Moreover, although the ICC potentially has the authority to investigate crimes which fall into its subject-matter …
Withdrawing From Custom: Choosing Between Default Rules, Rachel Brewster
Withdrawing From Custom: Choosing Between Default Rules, Rachel Brewster
Duke Journal of Comparative & International Law
No abstract provided.
Customary International Law And Withdrawal Rights In An Age Of Treaties, Curtis A. Bradley, Mitu Gulati
Customary International Law And Withdrawal Rights In An Age Of Treaties, Curtis A. Bradley, Mitu Gulati
Duke Journal of Comparative & International Law
No abstract provided.
Exit, No Exit, Barbara Koremenos, Allison Nau
Exit, No Exit, Barbara Koremenos, Allison Nau
Duke Journal of Comparative & International Law
No abstract provided.
Who Killed Article 38(1)(B)? A Reply To Bradley And Gulati, Anthea Roberts
Who Killed Article 38(1)(B)? A Reply To Bradley And Gulati, Anthea Roberts
Duke Journal of Comparative & International Law
No abstract provided.
Acquiescence, Objections And The Death Of Customary International Law, David J. Bederman
Acquiescence, Objections And The Death Of Customary International Law, David J. Bederman
Duke Journal of Comparative & International Law
No abstract provided.
Exiting Custom: Analogies To Treaty Withdrawals, Laurence R. Helfer
Exiting Custom: Analogies To Treaty Withdrawals, Laurence R. Helfer
Duke Journal of Comparative & International Law
No abstract provided.
Withdrawing From Custom And The Paradox Of Consensualism In International Law, C. L. Lim, Olufemi Elias
Withdrawing From Custom And The Paradox Of Consensualism In International Law, C. L. Lim, Olufemi Elias
Duke Journal of Comparative & International Law
No abstract provided.
Bespoke Custom, Edward T. Swaine
Bespoke Custom, Edward T. Swaine
Duke Journal of Comparative & International Law
No abstract provided.
Persistent Objectors, Cooperation, And The Utility Of Customary International Law, Joel P. Trachtman
Persistent Objectors, Cooperation, And The Utility Of Customary International Law, Joel P. Trachtman
Duke Journal of Comparative & International Law
No abstract provided.
On The Possibilities Of And For Persistent Objection, Dino Kritsiotis
On The Possibilities Of And For Persistent Objection, Dino Kritsiotis
Duke Journal of Comparative & International Law
No abstract provided.
Enforcing International Corrupt Practices Law, Paul D. Carrington
Enforcing International Corrupt Practices Law, Paul D. Carrington
Michigan Journal of International Law
This Essay strives to advance the current international movement to deter the transnational corrupt practices that have long burdened the global economy and weakened governments, especially in "developing" nations. Laws made in the last decade to address this longstanding global problem have not been effectively enforced. Described here are the moderately successful efforts in the United States since 1862 to reward private citizens serving as enforcers of laws prohibiting corrupt practices. It is suggested that this American experience might be adapted by international organizations to enhance enforcement of the new public international laws.
Disintegrating Customary International Law: Reactions To Withdrawing From International Custom, Christiana Ochoa
Disintegrating Customary International Law: Reactions To Withdrawing From International Custom, Christiana Ochoa
Duke Journal of Comparative & International Law
No abstract provided.
The Trouble With Treaties: Immigration And Judicial Law, Angela M. Banks
The Trouble With Treaties: Immigration And Judicial Law, Angela M. Banks
Faculty Publications
No abstract provided.
The Problem Of Parental Relocation: Closing The Loophole In The Law Of International Child Abduction, Maryl Sattler
The Problem Of Parental Relocation: Closing The Loophole In The Law Of International Child Abduction, Maryl Sattler
Washington and Lee Law Review
No abstract provided.
Power, Exit Costs, And Renegotiation In International Law, Timothy L. Meyer
Power, Exit Costs, And Renegotiation In International Law, Timothy L. Meyer
Scholarly Works
Scholars have long understood that the instability of power has ramifications for compliance with international law. Scholars have not, however, focused on how states’ expectations about shifting power affect the initial design of international agreements. In this paper, I integrate shifting power into an analysis of the initial design of both the formal and substantive aspects of agreements. I argue that a state expecting to become more powerful over time incurs an opportunity cost by agreeing to formal provisions that raise the cost of exiting an agreement. Exit costs - which promote the stability of legal rules - have distributional …
The Post-Medellin Case For Legislative Standing, James A. Turner
The Post-Medellin Case For Legislative Standing, James A. Turner
Articles in Law Reviews & Journals
After the terrorist attacks against the United States on September 11, 2001, the balance of power between the executive and legislative branches of government in this country shifted. President Bush expanded the executive’s unilateral authority in international affairs and war powers. Both President Bush and President Obama have extended executive power, and then staunchly protected their expansion of authority from limitation by the legislative and judicial branches. Further, Bush’s use of presidential signing statements to undermine legislative intent suggests that the executive’s power to avoid legislative input may be virtually limitless.
The Supreme Court’s 2008 Medellín v. Texas decision appeared …
The Post-Medellín Case For Legislative Standing, James A. Turner
The Post-Medellín Case For Legislative Standing, James A. Turner
American University Law Review
No abstract provided.
Purposeful Ambiguity As International Legal Strategy: The Two China Problem, Anthony D'Amato
Purposeful Ambiguity As International Legal Strategy: The Two China Problem, Anthony D'Amato
Faculty Working Papers
For every definable term in international law there are clear cases and fuzzy cases. Everyone accepts that the term "state" applies to Paraguay, Poland, Portugal and over a hundred other clear cases, but does it apply to Puerto Rico, Western Samoa, the Isle of Man, the Channel Islands, Gibraltar, or the Vatican City? The word "treaty" has thousands of clear applications, but does it apply to an exchange of faxes between two governments or a handshake between two diplomats at a cocktail party? In addition to ambiguities of this kind, international law is replete with deliberately created ambiguities. One of …
Plural Vision: International Law Seen Through The Varied Lenses Of Domestic Implementation, D. A. Jeremy Telman
Plural Vision: International Law Seen Through The Varied Lenses Of Domestic Implementation, D. A. Jeremy Telman
Law Faculty Publications
This Essay introduces a collection of essays that have evolved from papers presented at a conference on “International Law in the Domestic Context.” The conference was a response to the questions raised by the U.S. Supreme Court’s decision in Medellín v. Texas and also a product of our collective curiosity about how other states address tensions between international obligations and overlapping regimes of national law.
Our constitutional tradition speaks with many voices on the subject of the relationship between domestic and international law. In order to gain a broader perspective on that relationship, we invited experts on foreign law to …
Inaccessible Justice: Human Rights, Persons With Disabilities And The Legal System, Stephanie Ortoleva
Inaccessible Justice: Human Rights, Persons With Disabilities And The Legal System, Stephanie Ortoleva
ILSA Journal of International & Comparative Law
This paper focuses on the important concept of access to justice and what it means to persons with disabilities.
A "Re-Visioned" Foreign Direct Investment Approach From An Emerging Country Perspective: Moving From A Vicious Circle To A Virtuous Cycle, Rumu Sarkar
ILSA Journal of International & Comparative Law
This Critical Essay sets forth and expands upon remarks presented at the International Law Weekend 2010 in New York, New York, which constitutes the annual meeting of the American Branch of the International Law Association (ABILA)
42 U.S.C. § 1983: A Legal Vehicle With No International Human Rights Treaty Passengers, Matthew J. Jowanna
42 U.S.C. § 1983: A Legal Vehicle With No International Human Rights Treaty Passengers, Matthew J. Jowanna
Matthew J. Jowanna
How do international human rights treaties interact with the domestic civil rights law of the United States, and particularly 42 U.S.C. § 1983? How should international human rights treaties interact with the domestic civil rights law of the United States? “International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction as often as questions of right depending upon it are duly presented for their determination.” Whether fully implemented in domestic law or not, the United States is obligated to respect the international treaties it ratifies. However, exactly how has …
International Human Rights Law And Co-Parent Adoption, Prof. Elizabeth Burleson
International Human Rights Law And Co-Parent Adoption, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Children would benefit substantially if governments legally recognized same sex marriages and parenting. This article analyzes international human rights law, co-parent adoption, and the recognition of gay and lesbian families. It addresses civil marriage and adoption challenges for same sex families and assesses European Court of Human Rights jurisprudence relating to same-sex adoption. This article considers the international community's efforts to implement the best interest of the child standard concluding that recognition of same sex families is in the best interest of the child and should be facilitated in a timely manner by jurisdictions at all levels.
Plural Vision: International Law Seen Through The Varied Lenses Of Domestic Implementation, D. A. Jeremy Telman
Plural Vision: International Law Seen Through The Varied Lenses Of Domestic Implementation, D. A. Jeremy Telman
D. A. Jeremy Telman
This essay introduces a collection of essays that have evolved from papers presented at a conference on “International Law in the Domestic Context.” The conference was a response to the questions raised by the U.S. Supreme Court’s decision in Medellín v. Texas and also a product of our collective curiosity about how other states address tensions between international obligations and overlapping regimes of national law.
Our constitutional tradition speaks with many voices on the subject of the relationship between domestic and international law. In order to gain a broader perspective on that relationship, we invited experts on foreign law to …
The Use Of Article 31(3)(C) Of The Vclt In The Case Law Of The Ecthr: An Effective Anti-Fragmentation Tool Or A Selective Loophole For The Reinforcement Of Human Rights Teleology?, Vassilis P. Tzevelekos
The Use Of Article 31(3)(C) Of The Vclt In The Case Law Of The Ecthr: An Effective Anti-Fragmentation Tool Or A Selective Loophole For The Reinforcement Of Human Rights Teleology?, Vassilis P. Tzevelekos
Michigan Journal of International Law
In Part I the Article will briefly introduce the question of the fragmentation of international law, and will more extensively delineate the role that the ILC attributed to Article 31(3)(c) and the ILC's expectations regarding its success in this role. Next, Part II will give an overview of the special elements of the ECHR socio-normative environment, which gave rise to the case law into which Article 31(3)(c) came into force. The Article will argue that, in addition to benefiting from the very special nature of the ECHR, the Strasbourg Court also has a significant number of interpretative tools that allow …
Fifth Colloquium On Challenges In International Refugee Law. The Michigan Guidelines On The Right To Work., Penelope Mathew
Fifth Colloquium On Challenges In International Refugee Law. The Michigan Guidelines On The Right To Work., Penelope Mathew
Michigan Journal of International Law
An Explanatory Note covering the Fifth Michigan Colloquium on Challenges in International Refugee Law and the Right to Work.
The United States And Human Rights Treaties: Race Relations, The Cold War, And Constitutionalism, Curtis A. Bradley
The United States And Human Rights Treaties: Race Relations, The Cold War, And Constitutionalism, Curtis A. Bradley
Faculty Scholarship
The United States prides itself on being a champion of human rights and pressures other countries to improve their human rights practices, and yet appears less willing than other nations to embrace international human rights treaties. Many commentators attribute this phenomenon to the particular historical context that existed in the late 1940s and early 1950s when human rights treaties were first being developed. These commentators especially emphasize the race relations of the time, noting that some conservatives resisted the developing human rights regime because they saw it as an effort by the federal government to extend its authority to address …