International Law Commons^™

Book Review, Mark J. Loewenstein

Publications

No abstract provided.

Ratcheting Labor Standards: Regulation For Continuous Improvement In The Global Workplace, Charles F. Sabel, Dara O'Rourke, Archon Fung

Faculty Scholarship

It is a brute fact of contemporary globalization – unmistakable as activists and journalists catalog scandal after scandal – that the very transformations making possible higher quality, cheaper products often lead to unacceptable conditions of work: brutal use of child labor, dangerous environments, punishingly long days, starvation wages, discrimination, suppression of expression and association. In all quarters, the question is not whether to address these conditions, but how.

That question, however, admits no easy answers. Globalization itself has freed capital from many of its former constraints – national workplace standards, collective bargaining, and supervisory state agencies and courts – designed …

The Efficacy Of Strasbourg Law, Mark Weston Janis

Connecticut Journal of International Law

This article explores what we seem to know and what it might be useful to know about the efficacy of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms.' It concludes that, though we know quite a lot of detail about compliance with Strasbourg law, we should be a little more careful about claiming too much success for the system. For an international legal system, Strasbourg law is, from what we can tell, remarkably efficacious, but it is far from (anything but relatively) perfect.

Nato Intervention On Trial: The Legal Case That Was Never Made, Paul Williams, Michael Scharff

Scholarly Articles in Law Reviews & Journals

The United States and its NATO allies have defended the air strikes against Yugoslavia on moral grounds (to stop atrocities) and security grounds (to prevent the conflict from spilling over to neighboring European countries), but curiously they have never articulated a legal justification for the intervention. The nearest the NATO countries have come to articulating a legal rationale has been to cite various resolutions of the Security Council, in which the Council has determined that the actions of Yugoslavia in Kosovo constitute a threat to peace and security in the region and, pursuant to Chapter VII of the UN Charter, …

The Inter-American Human Rights Systems: Activities During 1999 Through October 2000, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Guest Editor's Introduction To The Symposium: War And The United States Military, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Millennia come and millennia go, and the fact of war remains unchanged. People still fight for territory, the land of their fathers, Lebensraum, control of the seas, gold, silver and diamonds, oil, water, pillage and the spoils of war, resources of all kinds, the glorification of leaders, gods of many faiths, politics, ideology, conquest, the establishment, peace and stability of empires, the right to be left alone, and sometimes, so we are told, justice, resistance to aggression, and the preservation of peace. Measured in millennial time, very little about war has changed, and, further, nothing distinguished the passage from 1999 …

The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck

Scholarly Articles in Law Reviews & Journals

With the advent of the global economy and the increasing number of international commercial transactions, arbitration has become an important dispute resolution option. Arbitration is traditionally extolled because it helps to resolve commercial disputes economically, confidentially, and finally within a neutral forum.' Additionally, unlike national court judgments, arbitration provides an internationally recognized method for enforcing awards.' As a result of these benefits, arbitration is now the preferred dispute resolution mechanism for international commercial disagreements. Unfortunately, because of perceived misconduct by arbitrators and the risk of party manipulation, the arbitration process has come under increasing attack through civil actions against arbitrators.

Building The World Community: Challenges For Legal Education, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Settlement Of Investment Disputes Between States And Private Parties - An Overview From The Perspective Of The Icc, Horacio A. Grigera Naón

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Norm Of Justice And The Negotiation Of The Rambouillet/Paris Peace Accords, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.

On Children And Dual Nationality: Sabet And The Islamic Republic Of Iran, Nancy Amoury Combs

Faculty Publications

The Iran-United States Claims Tribunal's recent decision in Sabet and The Islamic Republic of Iran sheds new light on difficult issues concerning the dual nationality of minors. In particular, the case was the first in which the Tribunal determined minor dual national claimants to have a dominant and effective nationality different from that of either of their parents. Further, the Tribunal broke new ground in its analysis of 'the caveat,' an equitable doctrine that can bar the claims of dual nationals. This article applauds the Tribunal's advances in its caveat jurisprudence and develops a new approach that would further those …

The White Rose: Judges And Justice In The Third Reich, Matthew Lippman

Connecticut Journal of International Law

In recent years there has been an increased interest in the Holocaust.' One concern has been to explain the willingness of ordinary Germans2 and highly educated medical professionals' to conform to the draconian dictates of the Third Reich.4 This scholarly effort largely has ignored the complicity of lawyers and judges in the Nazi's depredations.5 The lack of academic concern may be based on the belief that the Reich was a "lawless" regime in which legal professionals performed a limited role. Most studies accordingly have centered on the extra-judicial and summary exterminations carried out by the Nazi government. 6 However, the …

Recent Developments In The Currency War: The Euro, The Dollar, The Yen, And The Bemu, Edieth Y. Wu

Connecticut Journal of International Law

Even though the globalization concept has been almost universally embraced, a single or leading currency has yet totally to emerge. This article addresses the top contenders for the position of leading currency: the euro, the dollar, the yen and the "BEMU," which is undeclared at this time. Projections have been made that "by 2030 the world will have two major currency zones - one European the other American."' This article also addresses the possibilities of a single currency and the obstacles in the way of a single currency. Finally, it concludes that the United States, Japan, and the European Community …