International Law Commons^™

Alternatives To Economic Sanctions, Christine M. Chinkin

Book Chapters

Considering the merits of non-coercive alternatives to economic sanctions inevitably risks the charges of idealism and naIvete. However a number of speakers in this conference have raised considerable doubts about the efficacy of sanctions: even on their own terms sanctions rarely work and the material costs to non-targeted states and the implications for human rights make their justification problematic, even when they can in some sense be said to have worked. It therefore makes sense at least to give consideration to some non- coercive alternatives, either in conjunction with sanctioning policies or separate from them. The other alternative is the …

Causation In Context: Interpreting The Nexus Clause In The Refugee Convention, Michelle Foster

Michigan Journal of International Law

The aim of this Article is to explore current approaches to identifying and applying the causation test inherent in the "for reasons of" clause and to attempt to devise a sui generis test appropriate to the unique aims and objects of the Convention. Part I begins by reviewing both the principles governing the causation analysis and their methods of application in different jurisdictions. Part II then proceeds to review the considerations that might inform the development of a causation standard in refugee law, including guidance that might be obtained from other areas of law, against the background of the need …

Fit And Functional In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers

Michigan Journal of International Law

In this Article, the author develops a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, integrated mechanisms for making those norms both binding and enforceable are proposed. In making these proposals, the author rejects the classical conception of legal ethics as a purely deontological product derived from first principles. This Article argues, instead, that ethics derive from the inter-relational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, the author …

The Principle Of Complementarity: A New Machinery To Implement International Criminal Law, Mohamed M. El Zeidy

Michigan Journal of International Law

According to the doctrine of State sovereignty each State has the right to exercise its jurisdiction over crimes committed in its territory-known as the territoriality principle. Even if the crimes committed are of a type that affects the international community as a whole, States are often hesitant to have their own nationals tried by an international judicial organ. History demonstrates that States rarely waived this right, which is inherent to their sovereignties, and did not rely exclusively on international justice. Rather they always preferred to exercise their jurisdiction exclusively, and only occasionally, when coerced by special circumstances, have they accepted …

Dueling Fates: Should The International Legal Regine Accept A Collective Or Individual Pradigm To Protect Women's Rights?, Michigan Journal Of International Law

Michigan Journal of International Law

Transcript for Symposium held at the University of Michigan Law School on Saturday, April 6, 2002.

Volume 2 Issue 2, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

Editor's Note, Dave Newman

Sustainable Development Law & Policy

No abstract provided.

News Update: Gearing Up For The World Summit On Sustainable Development , Roxanne Sher-Skelton

Sustainable Development Law & Policy

No abstract provided.

Relative Normativity: Challenging The Sovereignty Norm Through Human Rights Litigation, William J. Aceves

UC Law SF International Law Review

Since 1945, two developments in human rights law have challenged the dominion of the sovereignty norm. First, the international community has recognized the existence of competing human rights norms, some of which now compete with the sovereignty norm for primacy. Second, a diverse group of institutions has applied these norms to challenge the sovereignty norm by imposing civil and criminal liability on government officials when they commit human rights violations. This essay examines how the sovereignty norm has been challenged through human rights litigation. Two recent human rights cases. Filartiga v. Pena-Irala and Regina v. Bow Street Metropolitan Stipendiary Magistrate, …

A Proposal To Use Alternative Dispute Resolution As A Foundation To Build An Independent Global Cyberlaw Jurisdiction Using Business To Consumer Transactions As A Model, Victoria C. Crawford

UC Law SF International Law Review

Alternative Dispute Resolution ("ADR") has traditionally operated on the outskirts of the law as an alternative or supplement to traditional court constructs. ADR is typically described as operating in the shadow of the law and certainly not as the foundation for it. The uniqueness of the internet has the potential to reverse this traditional relationship. This paper suggests that online ADR techniques could be used as a foundation upon which to build an independently existing global cyberlaw jurisdiction for business to consumer transactions.

Sovereignty, Territoriality, And The Rule Of Law, Joan Fitzpatrick

UC Law SF International Law Review

On November 13, 2001, President George W. Bush issued a Military Order in which he claimed power as Commander in Chief to detain indefinitely and to try, by ad hoc military commissions, persons designated by him as international terrorists. This Order represents a stunning claim to absolutist power and a rejection of any meaningful legal constraints on the treatment of the captives. The Order and the "War on Terrorism" on which it is premised challenge the most commonly accepted principles of post-Westphalian sovereignty: exclusive control over territory, noninterference, and equality among states.

The legal premise for the Order is the …

The International Convention On The Elimination Of All Forms Of Discrimination Against Women: A Comparison Of Its Implementation And The Role Of Non-Governmental Organisations In The United Kingdom And Hong Kong, Carole J. Petersen, Harriet Samuels

UC Law SF International Law Review

Although the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW") was implemented in Hong Kong a full ten years after its enactment in the United Kingdom, evidence suggests that it is having a more practical impact in Hong Kong than in the United Kingdom largely because Hong Kong women's organizations are making more use of CEDAW in their current lobbying efforts. This article introduces CEDAW and its enforcement mechanisms, and compares its implementation in the two jurisdictions. The authors analyze the extent to which CEDAW is considered in public policy making, the extent to which the …

The Universal Declaration Of Human Rights And The Domestic Courts, Edward D. Re

St. Thomas Law Review

As we approach the Fiftieth Anniversary of the adoption of the Universal Declaration of Human Rights by the General Assembly of the United Nations, it is fitting to commemorate that historic event, and to assess the progress that has been made in achieving the fundamental principles of human rights and freedoms that it proclaims. Upon its adoption on December 10, 1948, it was hailed "as a common standard of achievement for all peoples and for all nations." High hopes were expressed that this Declaration would soon become a new Magna Carta of human rights and fundamental freedoms for all people …

The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver

Articles by Maurer Faculty

This article contributes a new perspective to existing scholarship on internationalization of the legal profession by focusing on the increasing presence of foreign lawyers in U.S. law schools and law firms. It analyzes the interaction between foreign-educated lawyers and the legal profession in the U.S. based upon two sources of information: first, a series of interviews with foreign-educated lawyers and U.S. law firm hiring partners regarding experiences in law school and in firms, and second, a database comprised of biographical information for more than 300 foreign-educated lawyers who were working in New York during 1999 and 2000.

The various roles …

Selective Justice: The Case Of Israel And The Occupied Territories, Kathleen A. Cavanaugh

Fordham International Law Journal

While the focus in transitional justice literature is most often on functional or quasi-functional processes, this Article turns to the rather less explored path of dysfunctional transitions through the lens of the Israeli/Palestinian case. The stop and start nature of the "transition" from a conflict to the post-conflict process has reverted to a situation that the Israeli government has recently described as an 'armed conflict short of war." Against this backdrop, this Article provides insight into the role of law or its absence in transitioning conflict. As there are conflicting Israeli and Palestinian arguments regarding the legitimacy of Israeli occupation …

Book Review. Cross-Border Collateral: Legal Risk And The Conflict Of Laws. Edited By Richard Potok., Hannah Buxbaum

Articles by Maurer Faculty

No abstract provided.

Book Review. Perceptions And Interpretations Of Law From Past To Present In The Subcontinent, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.

Introduction To Written Symposium On Public Health And International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Bioterrorism, Public Health, And International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

A 90 Year-Old Snapshot Of Our Family Of International Lawyers, Mark Weston Janis

Faculty Articles and Papers

It so happened that I was leafing through the Report of the 27th Conference (Paris, May 27-June 1, 1912) of the International Law Association (ILA)' on the same day that I received the Preliminary Program for the 96th ASIL Conference (Washington, March 13-16, 2002).2 Noting that the 2002 ASIL conference has as its twin themes "the legalization of international relations" and "the internationalization of legal relations," I thought it might be interesting and useful to see if I could find comparable themes in an international law conference ninety years ago. This led me to some observations about the similarities and …

Corporatization And Privatization: A Chinese Perspective, Yuwa Wei

Northwestern Journal of International Law & Business

Although the enterprise reform in China has its own causes, it conforms to the current movement of commercializing public enterprises in a global sense. Thus, over the course of its enterprise reform, China has the advantage of drawing lessons and gaining wisdom from the experience of other jurisdictions. Consequently, China may achieve two goals, commercializing its public sector and standardizing the practice of its corporatized enterprises, at the same time. Meanwhile, the Chinese enterprise reform will provide an interesting case for comparative study, since the country is pioneering a different path in the process of corporatizing and privatizing its public …

International Labor Standards In The Wto’S “New World Order”: Towards “Development-Based” Standard Setting, Carlin Meyer

Other Publications

No abstract provided.

Sovereign Domains: A Declaration Of Independence Of Cctlds From Foreign Control, Kim G. Von Arx, Gregory R. Hagan

Richmond Journal of Law & Technology

In the year 2000, the Government Advisory Committee (“GAC”) of the Internet Corporation for Assigned Names and Numbers (“ICANN”) passed a set of principles that essentially claimed national sovereignty over country code top-level domains (“ccTLD”s) such as .us, .ca, .uk and .au. Shortly thereafter, ICANN redelegated several ccTLDs in accordance with new GAC principles. Despite the outcry accompanying the passage of these principles and ICANN’s self-professed adherence thereto, the entire exercise could easily be criticized as merely symbolic because of the overriding power of ICANN in the operation of the Domain Name System (“DNS”). Indeed, Stuart Lynn, ICANN’s current president, …

The Legal Status Of The Doha Declaration On Trips And Public Health Under The Vienna Convention Of The Law Of Treaties, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Rights, Patents, Markets And The Global Aids Pandemic, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Consumer And Pharmaceutical Dimensions Of Addressing Bio-Terrorism: An Analysis Of In Re Ciprofloxacin Hydrochloride Antitrust Litigation, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Persecution In The Fog Of War: The House Of Lords’ Decision In Adan, Michael Kagan, William P. Johnson

Scholarly Works

International law requires that a refugee have a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group. It is not enough to be at risk of being persecuted, nor is it even enough to be a member of a particular race or religion. There must be a “nexus” between the danger and one of the five Convention-recognized reasons for persecution. In the 1998 decision in Adan v. Secretary of State for the Home Department, the House of Lords concluded that a man fleeing clan warfare in Somalia could not …

Environmental Supra-Nationalism, Mark A. Drumbl

Washington and Lee Law Review

No abstract provided.

Hacia Un Regimen De Responsabilidad Civil Por Dano Ambiental Transfronterizo, Henry Mcgee, Luz E. Ortiz Nagle

Faculty Articles

This article discusses the importance of protecting the environment on a global level. In view of the gravity of the ecological problems, and the ineffectiveness of existing environmental standards of regimes that are purely national, countries and specialized institutions have concluded that it is imperative to implement international regulations.

Invoking State Responsibility In The Twenty-First Century, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

This essay reviews the articles on the invocation of state responsibility, analyzes them in historical context, and notes where they represent progressive development of international law. It then surveys a wide range of contemporary situations where individuals, other nonstate entities, and international organizations invoke state responsibility by initiating judicial or other formal complaint proceedings. The essay concludes that, in light of this contemporary practice, the articles usefully advance the codification and development of international law but do not deal sufficiently with the right of individuals and nonstate entities to invoke the responsibility of states.