Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (190)
- Universitas Indonesia (123)
- American University Washington College of Law (61)
- University of Colorado Law School (58)
- University of Michigan Law School (46)
-
- Yeshiva University, Cardozo School of Law (41)
- U.S. Naval War College (37)
- University of Georgia School of Law (33)
- Brooklyn Law School (28)
- UIC School of Law (26)
- Liberty University (18)
- BLR (14)
- New York Law School (14)
- Northwestern Pritzker School of Law (9)
- Notre Dame Law School (9)
- Cornell University Law School (7)
- Penn State Dickinson Law (7)
- Schulich School of Law, Dalhousie University (7)
- University of Denver (7)
- Duke Law (6)
- Florida International University College of Law (6)
- Georgetown University Law Center (6)
- American University in Cairo (5)
- Columbia Law School (5)
- Fordham Law School (5)
- Maurer School of Law: Indiana University (5)
- Pace University (5)
- St. Mary's University (5)
- Washington and Lee University School of Law (5)
- Association of American Law Schools (4)
- Keyword
-
- History (55)
- International law (49)
- International Law (42)
- International Law: History (41)
- Legal History (34)
-
- United States (32)
- Law of Armed Conflict (24)
- International Agreements (23)
- Jurisprudence (21)
- Law (21)
- Human Rights Law (20)
- Treaties (20)
- United Nations (20)
- Constitutional Law (18)
- Human rights (17)
- Jurisdiction (15)
- Law and Society (15)
- Legal history (15)
- Sovereignty (15)
- Law of the Sea (12)
- Articles (11)
- Constitution (11)
- Courts (11)
- Legislation (11)
- Constitutional law (10)
- Copyright (10)
- Criminal Law (10)
- War (10)
- World War II (10)
- Bureau of Land Management (9)
- Publication Year
- Publication
-
- Seattle University Law Review (190)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Scholarly Articles in Law Reviews & Journals (44)
- International Law Studies (37)
- Michigan Law Review (26)
-
- Brooklyn Journal of International Law (25)
- Faculty Scholarship (25)
- Publications (25)
- UIC Law Review (24)
- Georgia Journal of International & Comparative Law (20)
- Faculty Publications and Presentations (18)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (17)
- Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11) (16)
- ExpressO (14)
- Michigan Journal of International Law (12)
- Articles (10)
- Cardozo International & Comparative Law Review (10)
- Cardozo Law Review (10)
- NYLS Law Review (10)
- Scholarly Works (9)
- Cornell Law Faculty Publications (7)
- Faculty Working Papers (7)
- Human Rights & Human Welfare (7)
- Sustainable Development Law & Policy (7)
- Faculty Publications (6)
- Scholarly Articles (6)
- American University International Law Review (5)
- Cardozo Journal of Conflict Resolution (5)
- FIU Law Review (5)
- Georgetown Law Faculty Publications and Other Works (5)
- Publication Type
Articles 481 - 510 of 890
Full-Text Articles in International Law
The Ahistoricism Of Legal Pluralism In International Criminal Law, James G. Stewart, Asad Kiyani
The Ahistoricism Of Legal Pluralism In International Criminal Law, James G. Stewart, Asad Kiyani
All Faculty Publications
International criminal law (“ICL”) is legally plural, not a single unified body of norms. As a whole, trials for international crimes involve a complex dance between international and domestic criminal law, the specificities of which vary markedly from one forum to the next. To date, many excellent scholars have suggested that the resulting doctrinal diversity in ICL should be tolerated and managed under the banner of Legal Pluralism. To our minds, these scholars omit a piece of the puzzle that has major implications for their theory – the law’s history. Neglecting the historical context of the international and national criminal …
Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer
Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer
Georgia Journal of International & Comparative Law
No abstract provided.
Books Received, Georgia Journal Of International And Comparative Law
Books Received, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Oil Under Troubled Waters?: Some Legal Aspects Of The Boundary Dispute Between Malawi And Tanzania Over Lake Malawi, Tiyanjana Maluwa
Oil Under Troubled Waters?: Some Legal Aspects Of The Boundary Dispute Between Malawi And Tanzania Over Lake Malawi, Tiyanjana Maluwa
Michigan Journal of International Law
This article examines the legal aspects of the respective claims by the two claimants to the northeastern stretches of the lake: to the eastern shoreline by Malawi and to the median line by Tanzania. Maluwa proceeds as follows. First, the Article sketches out the historical and political background of the dispute and examines some preliminary legal issues in Part I. Part II discusses the legal significance of boundaries, state succession to boundary treaties, and the relevance of post-colonial African state practice in this respect. A central aspect of this practice is the adoption by African states of the principle of …
Crimea And The Right To Self-Determination: Questioning The Legality Of Crimea's Secession From Ukraine, Alisa Gdalina
Crimea And The Right To Self-Determination: Questioning The Legality Of Crimea's Secession From Ukraine, Alisa Gdalina
Cardozo Journal of International and Comparative Law
The note argues that Crimea's unilateral secession from Ukraine in 2014 was illegal under both domestic Ukrainian law and international law. It contends that Crimea failed to meet the legal criteria for remedial secession, as it did not suffer the requisite severe and persistent human rights violations or exhaustion of alternatives, and that the secession violated Ukraine's constitutional provisions on territorial integrity.
Why Can't We Be Like France? How The Right To Bear Arms Got Left Out Of The Declaration Of Rights And How Gun Registration Was Decreed Just In Time For The Nazi Occupation, Stephen P. Halbrook
Why Can't We Be Like France? How The Right To Bear Arms Got Left Out Of The Declaration Of Rights And How Gun Registration Was Decreed Just In Time For The Nazi Occupation, Stephen P. Halbrook
Fordham Urban Law Journal
No abstract provided.
Seventeenth Annual Grotius Lecture Series - Some Thoughts About Grotius 400 Years On, Sir Kenneth J. Keith
Seventeenth Annual Grotius Lecture Series - Some Thoughts About Grotius 400 Years On, Sir Kenneth J. Keith
American University International Law Review
No abstract provided.
The Effect Of The 1886 Berne Convention On The U.S. Copyright System's Treatment Of Moral Rights And Copyright Term, And Where That Leaves Us Today, Samuel Jacobs
Michigan Telecommunications & Technology Law Review
The 1886 Berne Convention was the most influential copyright related treaty for over a century, and provided important minimum substantive protections for authors. Key provisions included the establishment of the principle of National Treatment, the abolishment of formalities in order to receive copyright protection, a required copyright term of life of the author plus fifty years, and most offensive to the U.S. copyright system, the mandate that signatories provide authors non-economic moral rights. Despite the international importance and widespread acceptance of the Berne Convention, the U.S. did not join the Convention for over one hundred years, making it one of …
Wächter, Carl Georg Von, Ralf Michaels
Wächter, Carl Georg Von, Ralf Michaels
Faculty Scholarship
Carl Georg von Wächter (1797-1880) was once considered 'one of the greatest German jurists of all times’, but was all but forgotten in the 20th century, despite an excellent dissertation on his work in private international law by Nikolaus Sandmann. In private international law, he is known mainly for his critique of earlier theories, in particular the theory of statutes. Positively, Wächter is mainly (and not accurately) known as a proponent of a strong preference for the lex fori and as such mainly presented in opposition to Friedrich Carl von Savigny’s theory (Savigny, Friedrich Carl von). Only recently has there …
#Lawyeringpeace: The Role Of Lawyers In Peacebuilding, Paul Williams, Christin Coster
#Lawyeringpeace: The Role Of Lawyers In Peacebuilding, Paul Williams, Christin Coster
Scholarly Articles in Law Reviews & Journals
Based on the Public International Law & Policy Group’s (“PILPG”) two decades of experience assisting countries and clients in conflict situations, it is clear there are a number of ways for lawyers and international law to promote peacebuilding. This article condenses information shared during the International Law Weekend panel, “International Law and States in Emergency: Responses and Challenges.” The focus of the presentation was how lawyers can and should make a difference in peacebuilding and post-conflict constitution drafting. The world needs more lawyers to “lawyer peace” by assisting countries and clients involved in ongoing conflicts or in peace negotiations. In …
What Is "Colonial" About Colonial Laws?, Arudra Barra
What Is "Colonial" About Colonial Laws?, Arudra Barra
American University International Law Review
No abstract provided.
Emerging International Trends And Practices In Guardianship Law For People With Disabilities, Robert Dinerstein
Emerging International Trends And Practices In Guardianship Law For People With Disabilities, Robert Dinerstein
Scholarly Articles in Law Reviews & Journals
In this article, the authors identify current trends in promoting supported decision-making as an alternative to guardianship for people with disabilities. Support for supported decision-making (SDM) and other reforms to guardianship can be found in international conventions and declarations (notably, Article 12 of the CRPD); Concluding Observations and General Comment No. 1 issued by the UN Committee on the Rights of Persons with Disabilities; and in various countries (or states/provinces/localities within those countries), including the United States, where developments in state legislation, state court cases (including the Jenny Hatch case, in which one of the co-authors was counsel and another …
On The Whittington United Nations Archive, Gail Partin, William Butler
On The Whittington United Nations Archive, Gail Partin, William Butler
Faculty Scholarly Works
On 14 October 1986 Mrs. Louise L. Whittington, the widow of William Vallie Whittington (1904–1986), wrote to inform the Dickinson School of Law that her husband recently had passed away and that she wished to give to the Library of the Law School a leather bound facsimile copy of the United Nations Charter and certain documents related to the surrender of Germany in the Second World War and the creation of the United Nations. Arrangements were completed in Spring 1987 for the transfer of the materials. These remain a significant treasure and important legacy for the development of international law …
Copyright In Pantomime, Brian L. Frye
Copyright In Pantomime, Brian L. Frye
Cardozo Arts & Entertainment Law Journal
Why does the Copyright Act specifically provide for the protection of "pantomimes"? This Article shows that the Copyright Act of 1976 amended the subject matter of copyright to include pantomimes simply in order to conform it to the Berne Convention for the Protection of Literary and Artistic Works. It further shows that the Berlin Act of 1909 amended the Berne Convention to provide for copyright protection of "les pantomimes" and "entertainments in dumb show" in order to ensure copyright protection of silent motion pictures. Unfortunately, the original purpose of providing copyright protection to '"pantomimes " was forgotten. This Article argues …
International Legal Structuralism: A Primer, Justin Deystone
International Legal Structuralism: A Primer, Justin Deystone
Publications
International legal structuralism arrived on the shores of international thought in the 1980s. The arrival was not well-received, perhaps in part, because it was not well-understood. This essay aims to reintroduce legal structuralism and hopefully pave the way for new, and more positive, receptions and understandings. This reintroduction is organized around two claims regarding the broader encounter between international lawyers and critical theory in the ‘80s. The first was a jurisprudential claim about how the critics sought to show how international law was nothing more than a continuation of international politics by other means. The second was a historical claim …
How International Law Can Eradicate Torture: A Response To Cynics, Juan E. Mendez
How International Law Can Eradicate Torture: A Response To Cynics, Juan E. Mendez
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Law Enforcement Access To Data Across Borders: The Evolving Security And Rights Issues, Jennifer Daskal
Law Enforcement Access To Data Across Borders: The Evolving Security And Rights Issues, Jennifer Daskal
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Customary International Law: A Reconceptualization, Roozbeh (Rudy) B. Baker
Customary International Law: A Reconceptualization, Roozbeh (Rudy) B. Baker
Brooklyn Journal of International Law
The current state of international law is one of deep confusion over the role of state practice and opinio juris within the customary element. The debate between adherents of “modern custom” versus those of “traditional custom” has resulted in deep uncertainty and confusion. New theories of customary international law have proved inadequate in clarifying the current state of the field. Confusions over the meanings and relationships between state practice and opinio juris aside, current approaches are all also flawed due to a heavily state-centric bias that fails to take into account the very real affects that norm-generating transnational actors have …
Taking Constitutional Identities Away From The Courts, Pietro Faraguna
Taking Constitutional Identities Away From The Courts, Pietro Faraguna
Brooklyn Journal of International Law
In federal states, constitutional identity is the glue that holds together the Union. On the contrary, in the European Union—not a fully-fledged federation yet—each Member state has its own constitutional identity. On the one hand, the Union may benefit from the particular knowledge, innovation, history, diversity, and culture of its individual states. On the other hand, identity-related claims may have a disintegrating effect. Constitutional diversity needs to come to terms with risks of disintegration. The Treaty on the European Union seeks a balance, providing the obligation to respect the constitutional identities of its Member states. Drawing from the European experience, …
Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee
Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee
Brooklyn Journal of Corporate, Financial & Commercial Law
In Minilateralism: How Trade Alliances, Soft Law, and Financial Engineering Are Redefining Economic Statecraft, Professor Chris Brummer embraces the complexity of the global economic system and its regulation by exploring the emerging role and dominance of varying strands of economic collaboration and regulation that he collectively refers to as “minilateralism.” In describing the turn toward minilateralism, Brummer notes a number of key features of this new minilateral system, including a shift away from global cooperation to strategic alliances composed of the smallest group necessary to achieve a particular goal, a turn from formal treaties to informal non-binding accords and other …
From Apology To Utopia's Point Of Attack, Justin Deystone
From Apology To Utopia's Point Of Attack, Justin Deystone
Publications
This contribution to the Symposium celebrating the Twenty-fifth Anniversary of Martti Koskenniemi's From Apology to Utopia explores the relevance of the book for contemporary theorists of the international world. In doing so, the article puts Koskenniemi's classic in a contest with John Yoo's recent book, Point of Attack. The purpose in doing so is three-fold. First, it is to illustrate the contemporary use of Koskenniemi's structuralist method. Second, it is to show how the use of the method, with its attendant reliance on modes of legal thought, might give pause to international thinkers seeking to reinvigorate particular structures of …
The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews
The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews
Other Publications
No abstract provided.
The Strangely Familiar History Of The Unitary Theory Of Perpetration, James G. Stewart
The Strangely Familiar History Of The Unitary Theory Of Perpetration, James G. Stewart
All Faculty Publications
A unitary theory of perpetration is one that does not espouse different legal standards for different forms of participating in crime. In this Article, I pay homage to Professor Damaška’s influence on my work and career by reiterating my earlier arguments for a unitary theory of perpetration in international criminal law. Whereas my earlier work defended the unitary theory in abstract terms then for international criminal law in particular, this Article looks to the history of the unitary theory in five national systems that have abandoned differentiated systems like that currently in force internationally in favor of a unitary variant. …
John A Sibley Lecture, The Shaping Of International Law, Louis B. Sohn
John A Sibley Lecture, The Shaping Of International Law, Louis B. Sohn
Georgia Journal of International & Comparative Law
No abstract provided.
Revisiting Self-Determination Conflicts In Indonesia: An International Law Perspective, M. Yakub Aiyub Kadir
Revisiting Self-Determination Conflicts In Indonesia: An International Law Perspective, M. Yakub Aiyub Kadir
Indonesia Law Review
Indonesia is a former Dutch colony which declared its independence on August 17, 1945. However, it was not internationally recognised until December 27, 1949, when the Netherlands formally transferred the sovereignty of the Dutch East Indies to a new political entity called ‘Indonesia’ at the Round Table Conference in the Hague. This occasion marked the political union of all diverse kingdoms and regional communities spread over the Indonesian archipelago. This step has been frequently associated with the global spirit of many other countries around the world to gain independence from Western colonisers and with the international principle of self-determination. However, …
Book Review: Jus Et Societas: Essays In Tribute To Wolfgang Friedmann. Eds. G. Wilner & Martinus Nijhoff. The Hague, Boston, London, 1979., Seymour J. Rubin
Book Review: Jus Et Societas: Essays In Tribute To Wolfgang Friedmann. Eds. G. Wilner & Martinus Nijhoff. The Hague, Boston, London, 1979., Seymour J. Rubin
Georgia Journal of International & Comparative Law
No abstract provided.
The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz
The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz
Georgia Journal of International & Comparative Law
No abstract provided.
Parliamentary Diplomacy And The North-South Dialogue, Noel Lateef
Parliamentary Diplomacy And The North-South Dialogue, Noel Lateef
Georgia Journal of International & Comparative Law
No abstract provided.
The European Economic Community: The Right Of Member State Withdrawal, John A. Hill
The European Economic Community: The Right Of Member State Withdrawal, John A. Hill
Georgia Journal of International & Comparative Law
No abstract provided.
Panel Iii: General Discussion, Georgia Journal Of International And Comparative Law
Panel Iii: General Discussion, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.