International Law Commons^™

Gay Marriage - A Modern Proposal: Applying Baehr V. Lewin To The International Covenant On Civil And Political Rights, Anne M. Burton

Indiana Journal of Global Legal Studies

No abstract provided.

Immigration Crisis In Federalism: A Comparison Of The United States And Canada, Kevin Tessier

Indiana Journal of Global Legal Studies

No abstract provided.

International Law, Industrial Location, And Pollution, Duane Chapman, Jean Agras, Vivek Suri

Indiana Journal of Global Legal Studies

The dominant position of economists on trade and environment is that

increasing trade raises living standards, which provide the economic

basis for reduced pollution. Professors Chapman, Agras, and Suri

present a perspective that raises very different points. First, the dramatic

growth of manufacturing in East Asia for global markets is

based entirely (or nearly so) on the importation of processed

pollution-intensive raw materials. For a typical product in this global

system, a U.S. consumer purchasing an Asian product made from

imported resources benefits from a lower price and a cleaner local

environment; however, energy use and pollution associated with the …

Introduction: International Environmental Law And Agencies: The Next Generation Symposium, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

Customary (And Not So Customary) International Environmental Law, Daniel Bodansky

Indiana Journal of Global Legal Studies

In this article, Professor Bodansky examines the creation and importance of customary international law. He suggests that the debate over the legal status of any given norm may be misplaced Instead, he suggests that international lawmakers should spend their time and energy incorporating norms, regardless of their true status, into "concrete treaties and actions." The author begins his discussion by providing a working definition of customary international law. He asserts that such law can be based not just on uniformities of state behavior, as is traditionally held, but also on regularities in behavior. Thus, customary international law can be formed …

The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras

Indiana Journal of Global Legal Studies

The North American Free Trade Agreement (NAFTA) is often claimed to be a "promising beginning" for the reconciliation of trade and environment. Professor Porras, however, suggests that the form that "reconciliation" takes in NAFTA is extremely problematic. Harmonization of standards to facilitate the free flow of trade is a familiar trade goal. NAFTA's provisions regarding environmental standards, however, are not a straightforward requirement to harmonize standards. Rather, NAFTA recognizes state autonomy in standard setting, on the one hand, while requiring a form of upward harmonization, on the other. According to Professor Porras, the result of such an arrangement is the …

International Environmental Law And The "Bottom-Up" Approach: A Review Of The Desertification Convention, Kyle W. Danish

Indiana Journal of Global Legal Studies

The media was once filled with images of encroaching deserts and

starving populations. Attention has since shifted to other issues, but

the problems remain. Desertification is acute not only in familiar

desert regions such as the Sahara, but in regions such as the Sahelian

and Other drylands which comprise nearly thirty-five percent of the

earth's total land area. Mr. Danish analyzes the Desertification

Convention of 1995, discussing both the Convention's efforts to

address the environmental degradation and the Convention's impact

on international notions of the state, crafting large-scale responses,

and generating centralized regulation. This Convention employs a

"bottom-up" approach; it …

Introduction: Indiana Journal Of Global Legal Studies Immigration Project

Indiana Journal of Global Legal Studies

No abstract provided.

Liberal Nationalism By Yael Tamir, Ralph F. Gaebler

Indiana Journal of Global Legal Studies

In this review, Mr. Gaebler addresses the claim that nationalism can supply a sense of community to those who live in liberal societies. He concludes that nationalism is fundamentally incompatible with the liberal values of individualism and tolerance, but that the argument presented in Liberal Nationalsim provides a useful critique of liberalism's cultural and psychological deficits. He suggests that neo-Aristotelian ethics offers a better description of liberal community than that afforded by nationalism.

Institutional Aspects Of International Governance, Elisabeth Zoller

Indiana Journal of Global Legal Studies

Professor Elisabeth Zoller discusses the domain and the methods of internationalg overnance. In PartI , she addresses the notion of the "international community." Professor Zoller argues that the international community is not really a community at all, but several "intertangled communities" with common interests. These common interests emerged as a result of several worldwide events, such as World War I and the Great Depression. The author asserts that common interests among nation states and priority setting are the two prerequisites necessary for international governance. In Part II, the authore xamines the methods of internationalg overnance, beginning with the proposition that …

International Reaction To Hong Kong's Countdown To 1997: Doors Open To Hong Kong's Emigrants, Susan Goldammer

Indiana Journal of Global Legal Studies

No abstract provided.

The Role Of Multilateral Finance And The Environment: A View From The World Bank, Andrew Steer, Jocelyn Mason

Indiana Journal of Global Legal Studies

Dr. Steer and Mr. Mason begin by noting that since fundingfor

the Rio Earth Summit agreements has not been forthcoming,

multilateralfinanciailn stitutions (MFIs) have taken responsibilityf or

advancing the environmental agenda set forth at the Summit. Dr.

Steer and Mr. Mason note that MFIs furnish three crucial functions

in implementing the global environmental agenda. First, MFIs are

able to target investments in developing countries that involve

important environmental issues. Second, MFIs are able to support

policy reforms within developing countries to ensure environmental

standards and issues are properly addressed. Finally, MFIs can

multiply a small amount offunding into a significant …

Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell

Indiana Journal of Global Legal Studies

Professor O'Connell discusses the tradtional methods used for international law "enforcement," and she argues that international law is generally obeyed Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement, however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …

The Challenge Of Immigration Policy In The New South Africa, Kevin Tessier

Indiana Journal of Global Legal Studies

No abstract provided.

The African Elephant, Africa, And Cites: The Next Step, Bill Padgett

Indiana Journal of Global Legal Studies

No abstract provided.

The Hague Convention On The Civil Aspects Of International Child Abduction: Are The Convention's Goals Being Achieved?, Julia A. Todd

Indiana Journal of Global Legal Studies

No abstract provided.

National And International Copyright Liability For Electronic System Operators, Charles J. Meyer

Indiana Journal of Global Legal Studies

No abstract provided.

Transformations Of Law And Place: Introduction To The Articles By Buchanan, Darian-Smith, Maurer, And Aman, David M. Engel

Indiana Journal of Global Legal Studies

No abstract provided.

Border Crossings: Nafta, Regulatory Restructuring, And The Politics Of Place, Ruth Buchanan

Indiana Journal of Global Legal Studies

Professor Buchanan begins her paper by questioning whether

recent economic and political shifts towards notions of

"globalization" (e.g., the NAFTA) have failed to consider the

politics or economics of change in particular places. Her prime

example of a "place" where integration is illogically forced against

a background of differentiation is the U.S.-Mexico border region.

Through the scope of a "regulatory complex" (a complex of legal,

institutional, regulatory, and social orderings), she departs from the

common view of the NAFTA as a productive tool of North American

integration, and instead views the NAFTA as exacerbating

"differences between localities, industries, and labor …

U.S. Policy Toward The New Independent States: A Pragmatic Strategy Grounded In America's Fundamental Interests, Warren Christopher

Indiana Journal of Global Legal Studies

No abstract provided.

A Global Perspective On Current Regulatory Reform: Rejection, Relocation, Or Reinvention?, Alfred C. Aman

Indiana Journal of Global Legal Studies

Dean Alfred Aman 's article addresses recent U.S.

administrations' attempts at regulatory reform and notes that as far

as the actual reforms are concerned, there are more similarities

over time than differences. The globalization of politics and

markets and manufacturing, in particular, has helped create global

political economic forces that militate in favor of various forms of

deregulation and privatization not only in the United States, but in

other western democracies as well. Dean Aman focuses on the

United States, noting that globalization has reduced the effectiveness

of local and national regulators, especially since firms are

increasinglyf ree to choose …

Great Lakes Water Quality Initiative: National Standards Governing A Binational Resource A Call For International Rulemaking, Sean P. Gallagher

Indiana Journal of Global Legal Studies

No abstract provided.

Law Writing, Immigration, And Globalization In The British Virgin Islands, Bill Maurer

Indiana Journal of Global Legal Studies

In this article Mr. Bill Maurer addresses a fundamental tension

at work in the British Virgin Islands: while British Virgin Islanders

(BVIslanders) proudly term themselves a "law and order" people

and seek to distinguish themselves from other Caribbean peoples,

the territory remains as wedded as ever to its British rulers and the

West. Mr. Maurer first notes that when a colonial people begins to

view itself as essentially different from its rulers, it may begin a

concomitant move toward self-rule. He shows that while the BVI

exhibits many attributes of such a territory, BVIslanders consider

their ties to Britain a …

Legal Imagery In The "Garden Of England", Eve Darian-Smith

Indiana Journal of Global Legal Studies

Ms. Darian-Smith explores the relationship between law and the

concept of "landscapes, "which she describes as the spatial imagery

through which law is conceived and from which it draws meaning.

She first defines the complex and historically rich concept of the

"garden image," both in general and as it is seen in (and by)

England, its people, and its surrounding political, cultural, and

spatial contexts. In general terms, the garden image is injected into

issues of environmental law. Further, she notes that the garden has

been a fluid, ever-changing concept for England's society and its

developing legal system. Specifically, Darian-Smith …

European And U.S. Perspectives On Civic Republicanism, David C. Williams

Indiana Journal of Global Legal Studies

No abstract provided.

Global Migration - Immigration - Multiethnicity: Challenges To The Concept Of The Nation-State, Jost Delbruck

Indiana Journal of Global Legal Studies

Professor Delbriick begins his article by briefly discussing the

history and development of the nation-state, and then examines how

changes in the political and social environment, often international

and cross-cultural in nature, have altered the traditional notion of

the nation-state. He argues that the modern form of the State

should be based on the concept of the "Open Republic, " rather than

on that of the traditional closed, self-centered, and self-reliant

nation-state. Professor Delbriick demands that his concept of an

"Open Republic" first be grounded in the form of a republican

State-a constitutional government involving the democratic

participation of all …

Introduction: Migration And Globalization Symposium, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

Are There New Complexities In Global Migration Systems Of Consequence For The United States "Nation-State"?, Dennis Conway

Indiana Journal of Global Legal Studies

No abstract provided.

A View From The United States - Social, Economic, And Legal Change, The Persistence Of The State, And Immigration Policy In The Coming Century, John Scanlan

Indiana Journal of Global Legal Studies

In this article, Professor Scanlan argues that in spite of recent

trends toward globalism, traditionally composed nation-states,

especially the United States, will continue to exercise localized

control over immigration and receiving nations may pursue

increasingly restrictive policies. The author begins with a history

of recent U.S. and European Union (EU) immigration policies,

positing that State self-interest has always played a central role.

Next, he traces the post-World War II development of the

"international refugee regime" as well as the development of the

European Union's "open"- labor market. Professor Scanlan

predicts that international agencies will become less efficacious for

several reasons, …

Law And Administrative Discretion, Sir David Williams David Q. C.

Indiana Journal of Global Legal Studies

Sir David Williams originally presented this paper as the

inaugural lecturer for the Ralph F. Fuchs lecture series at the

Indiana University School of Law on April 15, 1993. Professor

Fuchs was a faculty member of the Indiana University School of

Law from 1945 until his death in 1985. He was an important

contributor to the drafting of the Administrative Procedure Act of

1946, president of the Indiana Civil Liberties Union, an active

participant in the National Association for the Advancement of

Colored People, a leader of the American Association of University

Professors, and a fighter for free speech and …