Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative and Foreign Law (131)
- Human Rights Law (124)
- Environmental Law (88)
- International Trade Law (81)
- Law and Society (65)
-
- Criminal Law (60)
- Organizations Law (50)
- Legal Ethics and Professional Responsibility (44)
- Commercial Law (43)
- Jurisprudence (33)
- Military, War, and Peace (33)
- Constitutional Law (29)
- Social and Behavioral Sciences (28)
- International Humanitarian Law (26)
- Courts (22)
- Intellectual Property Law (22)
- Dispute Resolution and Arbitration (20)
- Antitrust and Trade Regulation (19)
- Jurisdiction (17)
- Legal History (15)
- Natural Resources Law (15)
- Banking and Finance Law (14)
- Labor and Employment Law (14)
- Law and Gender (13)
- Business Organizations Law (12)
- Law and Economics (12)
- Public Affairs, Public Policy and Public Administration (12)
- Legislation (11)
- Institution
-
- American University Washington College of Law (112)
- Case Western Reserve University School of Law (62)
- BLR (59)
- Fordham Law School (52)
- University of Michigan Law School (43)
-
- Nova Southeastern University (40)
- University of the Pacific (37)
- Syracuse University (30)
- UC Law SF (30)
- Maurer School of Law: Indiana University (29)
- Northwestern Pritzker School of Law (23)
- University of New Mexico (23)
- University of San Diego (23)
- University of Miami Law School (22)
- University of Denver (15)
- Florida State University College of Law (14)
- Georgetown University Law Center (14)
- Yeshiva University, Cardozo School of Law (13)
- Loyola University Chicago, School of Law (12)
- Notre Dame Law School (11)
- University of Georgia School of Law (11)
- Chicago-Kent College of Law (10)
- University at Buffalo School of Law (10)
- UIC School of Law (9)
- Vanderbilt University Law School (9)
- New York Law School (8)
- Washington and Lee University School of Law (8)
- Duke Law (6)
- University of Richmond (6)
- William & Mary Law School (6)
- Keyword
-
- International law (96)
- International Law (80)
- Accountability (44)
- Environmental law (44)
- CAO (43)
-
- IFC (43)
- World bank (43)
- Human rights (29)
- Globalization (26)
- Human Rights Law (25)
- Treaties (22)
- Comparative and Foreign Law (21)
- World Trade Organization (21)
- European Union (16)
- Terrorism (16)
- International Trade (15)
- International trade (14)
- Sovereignty (14)
- Counterterrorism (13)
- WTO (13)
- Competition Law (11)
- European Commission (11)
- International Criminal Court (11)
- Law and Society (11)
- United States (11)
- Constitutional Law (10)
- Fragmentation (10)
- Intellectual Property Law (10)
- Law (10)
- International (9)
- Publication
-
- ExpressO (53)
- Fordham International Law Journal (48)
- ILSA Journal of International & Comparative Law (40)
- IFC E&S Performance Standards (38)
- Case Western Reserve Journal of International Law (37)
-
- Global Business & Development Law Journal (34)
- Faculty Scholarship (31)
- Michigan Journal of International Law (30)
- Syracuse Journal of International Law and Commerce (29)
- Human Rights Brief (25)
- UC Law SF International Law Review (24)
- Northwestern Journal of International Law & Business (23)
- United States - Mexico Law Journal (1993-2005) (23)
- San Diego International Law Journal (22)
- War Crimes Memoranda (21)
- Sustainable Development Law & Policy (20)
- Indiana Journal of Global Legal Studies (16)
- University of Miami Inter-American Law Review (16)
- Human Rights & Human Welfare (15)
- All Faculty Scholarship (13)
- Faculty Publications (13)
- Florida State University Journal of Transnational Law & Policy (13)
- Scholarly Articles in Law Reviews & Journals (12)
- Scholarly Works (12)
- Georgetown Law Faculty Publications and Other Works (11)
- American University International Law Review (10)
- Journal Articles (9)
- Vanderbilt Journal of Transnational Law (9)
- Articles by Maurer Faculty (8)
- Loyola University Chicago International Law Review (8)
- Publication Type
Articles 631 - 660 of 834
Full-Text Articles in International Law
Continuing Crimes In The Rome Statute, Alan Nissel
Continuing Crimes In The Rome Statute, Alan Nissel
Michigan Journal of International Law
One of the most ambitious goals of the International Criminal Court is to balance the ideal of ending impunity with the legalistic protection of the accused from the arbitrary application of law. Accordingly, the main task of this Article will be to determine when continuing crimes will fall under the jurisdiction of the International Criminal Court according to the established primary and secondary sources of international law-i.e., within the rule of law.
International Legal Pluralism, William W. Burke-White
International Legal Pluralism, William W. Burke-White
Michigan Journal of International Law
This symposium has sought to examine the fragmentation of the international legal system. Such a task presupposes that international law is, in fact, undergoing some form of fragmentation. A range of recent scholarship has described this so-called fragmentation in various ways and generally considered it a negative development, a threat to the legal system as we know it. This commentary challenges both these assumptions by suggesting that international law is not fragmenting, but rather is being transformed into a pluralist system. Instead of being undermined by fragmentation, the rules, the institutions, and practices of the international legal order can be …
Regime-Collisions: The Vain Search For Legal Unity In The Fragmentation Of Global Law, Andreas Fischer-Lescano, Gunther Teubner
Regime-Collisions: The Vain Search For Legal Unity In The Fragmentation Of Global Law, Andreas Fischer-Lescano, Gunther Teubner
Michigan Journal of International Law
Predictions of future events tend to be a rarity within the social sciences. It is an even more rare occurrence when predicted events come to pass. Niklas Luhmann's prediction on the future of global law is a memorable exception. In 1971, while theorizing on the concept of world society, Luhmann allowed himself the "speculative hypothesis" that global law would experience a radical fragmentation, not along territorial, but along social sectoral lines. The reason for this would be a transformation from normative (politics, morality, law) to cognitive expectations (economy, science, technology); a transformation that would be effected during the transition from …
Commentary To Andreas Fischer- Lescano & Gunther Teubner. The Legitimacy Of International Law And The Role Of The State, Andreas L. Paulus
Commentary To Andreas Fischer- Lescano & Gunther Teubner. The Legitimacy Of International Law And The Role Of The State, Andreas L. Paulus
Michigan Journal of International Law
It will come as a surprise to many readers that Professor Teubner presented their fascinating contribution on regime collision to the Michigan Journal of International Law's Symposium on a panel devoted to "the Role of the State in International Law." Indeed, one could not imagine better devil's advocates than Professor Teubner and Dr. Andreas Fischer-Lescano. They propose a radical break with a concept of international law and order based on the autonomous will of Nation-States. Accordingly, legal regulation does not only, if at all, emanate from Nation-States, but from a panoply of other public and, mostly, private actors. Thus, the …
Reply To Andreas L. Paulus Consensus As Fiction Of Global Law, Andreas Fischer-Lescano, Gunther Teubner
Reply To Andreas L. Paulus Consensus As Fiction Of Global Law, Andreas Fischer-Lescano, Gunther Teubner
Michigan Journal of International Law
Andreas Paulus reminds us correctly that narratives "of a world of sovereign states loosely cooperating in 'coalitions of the willing' no longer tell the whole story." One of the achievements of the 20th century has been the insertion of a vertical dimension within horizontal international law; a dimension created by the ICJ's Traction decision and the Vienna Convention of the Law of Treaties, and within which we can observe "obligations arising for states without or against their will." Any narrative that characterizes these legal norms as a simple product of interstate consensus is particularly thin if analysis focuses upon the …
The State And Globalization: Denationalized Participation, Saskia Sassen
The State And Globalization: Denationalized Participation, Saskia Sassen
Michigan Journal of International Law
The effort in this paper is to recover the ways in which the state participates in governing the global economy in a context increasingly dominated by deregulation, privatization, and the growing authority of non-state actors. A key organizing proposition, derived from my previous work on global cities' is the embeddedness of much of globalization in national territory, that is to say, in a geographic terrain that has been encased in an elaborate set of national laws and administrative capacities. The embeddedness of the global requires at least a partial lifting of these national encasements and hence signals a necessary participation …
Sub-State Nationalism And International Law, Margaret Moore
Sub-State Nationalism And International Law, Margaret Moore
Michigan Journal of International Law
This Article explores the relationship between international law, defined broadly as the principles, norms, and rules governing the international order and the aspirations for collective self-government by minority national communities. It argues that there will be increasing challenges to the current international legal rules by minority nationalists, and that it is important to develop a principled response to this challenge. It also argues that the current system privileges state actors to a great extent, and that any attempt to channel self-determination claims in a more benign, non-secessionist direction needs to address the statecentric biases of the current rules.
Forum Non Conveniens, Latin America And Blocking Statutes, Henry Saint Dahl
Forum Non Conveniens, Latin America And Blocking Statutes, Henry Saint Dahl
University of Miami Inter-American Law Review
No abstract provided.
Forum Non Conveniens: "Availability" And "Adequacy" Of Latin American Fora From A Comparative Perspective, Alejandro M. Garro
Forum Non Conveniens: "Availability" And "Adequacy" Of Latin American Fora From A Comparative Perspective, Alejandro M. Garro
University of Miami Inter-American Law Review
No abstract provided.
Un Enfoque Comparativo Sobre La Formacion De Los Contratos Electronicos, Roberto Rosas
Un Enfoque Comparativo Sobre La Formacion De Los Contratos Electronicos, Roberto Rosas
Faculty Articles
Understanding the basic principles governing the formation of contracts is of paramount importance when it comes to figuring out the most appropriate to enter into a new contract or to assess the legality of a contract existing ones. While the basic rules for the forming of general contracts are applicable to most type of contracts, regardless of how they are done, there are some legal rules that apply specify to contracts concluded electronically.
Globalization And The Myth Of Absolute National Sovereignty: Reconsidering The "Un-Signing" Of The Rome Statute And The Legacy Of Senator Bricker, John R. Worth
Indiana Law Journal
No abstract provided.
Retrospective Justice Or Retroactive Standards? Human Rights As A Sword In The East German Leaders Case, Brad R. Roth
Retrospective Justice Or Retroactive Standards? Human Rights As A Sword In The East German Leaders Case, Brad R. Roth
Law Faculty Research Publications
No abstract provided.
Sexual Harassment: An International Human Rights Perspective., Christine M. Chinkin
Sexual Harassment: An International Human Rights Perspective., Christine M. Chinkin
Book Chapters
This chapter considers sexual harassment in the workplace from the perspective of international human rights law. Adopting a human rights approach locates sexual harassment in the context of women’s economic and social rights and more broadly in the wider frame of international imperatives such as the maintenance of international peace and security and global economic development. Sexual harassment has come onto the international agenda comparatively recently, and the story comprises both the inclusion of prohibitions within legal instruments and significant silences, especially where breaking the silence requires intrusion into state policies relating to militarism, trade and investment liberalization, and the …
The Security Council And International Law, Steven R. Ratner
The Security Council And International Law, Steven R. Ratner
Book Chapters
The chapters in this volume paint a picture of the Security Council as an organ alternatively robust and paralyzed, playing at best a limited role in international peace and security in the UN's first forty-five years and a more significant part ever since, at least until the 2003 Iraq crisis. There can be little question that the Council's members, with the prodding or acquiescence of other key actors in the United Nations, have used that organ in ways barely if at all contemplated by the Big Three (the United States, the United Kingdom, and the Soviet Union) or the others …
The Varied Policies Of International Juridical Bodies: Reflections On Theory And Practice, John H. Jackson
The Varied Policies Of International Juridical Bodies: Reflections On Theory And Practice, John H. Jackson
Georgetown Law Faculty Publications and Other Works
I would like to turn to how my current thinking and writing relate to the broader issues of international law norm creation. One such article is quite recent and it represents some of my thinking in these broader general issues. It is entitled Sovereignty Modern, and it is a close look at the question of sovereignty and how it affects the fundamental logic of international law. I do not pretend that I have finalized my views, but fundamentally very few people really accept the original, Westphalian idea of sovereignty anymore. There are many other constructs of what sovereignty currently means, …
Interpreting The Wto Agreements- A Commentary On Professor Pauwelyn's Approach, Joshua Meltzer
Interpreting The Wto Agreements- A Commentary On Professor Pauwelyn's Approach, Joshua Meltzer
Michigan Journal of International Law
In his paper, Professor Pauwelyn argues that pursuant to Article 31(3)(c) of the Vienna Convention on the Law of Treaties (Vienna Convention), the Appellate Body should consider other rules of international law in the interpretation of the WTO Agreements, when that law reflects the "common intentions" of the parties to the WTO. He argues that this does not mean that "all the parties to the WTO treaty must have formally and explicitly agreed, one after the other, to the new non-WTO rule; nor even that this rule must be otherwise legally bind all WTO members; but rather, that this new …
Multiple International Judicial Forums: A Reflection Of The Growing Strength Of International Law Or Its Fragmentation?, Pemmaraju Sreenivasa Rao
Multiple International Judicial Forums: A Reflection Of The Growing Strength Of International Law Or Its Fragmentation?, Pemmaraju Sreenivasa Rao
Michigan Journal of International Law
The main thrust of this presentation is to suggest that the creation of multiple international judicial tribunals is a function of the ever-expanding nature of international law and that the creation of such tribunals is a sign of the growing maturity of international law. While it is admitted that these tribunals have to be sensitive to the needs of promoting the unity and integrity of international law, a brief look at the available evidence of their functioning so far has revealed no cause for concern of fragmentation. The author will look specifically at the working of the International Tribunal for …
Reply To Annika Tahvanainen, Montserrat Guibernau
Reply To Annika Tahvanainen, Montserrat Guibernau
Michigan Journal of International Law
A reply to Annika Tahvanainen's comment on Professor Montserrat Guibernau's Nations Without States: Political Communities in the Global Age
The Purpose Of Development, Kamal Malhotra
The Purpose Of Development, Kamal Malhotra
Michigan Journal of International Law
Paper and presentation by Kamal Malhotra, Senior Adviser, Inclusive Globalization, Bureau for Development Policy, United Nations Development Programme, New York, at the "Globalization, Law, and Development" conference at the University of Michigan, Ann Arbor, April 16-18, 2004. This paper covers the topic of defining human development, human poverty, recently neglected human development despite a long history, and measuring human development.
The Changing Character Of Sovereignty In International Law And International Relations, Winston P. Nagan, Craig Hammer
The Changing Character Of Sovereignty In International Law And International Relations, Winston P. Nagan, Craig Hammer
UF Law Faculty Publications
This Article makes observations on the concept of sovereignty; we suggest that the concept be studied using the contextual mapping method articulated by the New Haven School of jurisprudence. We observe tension in applying the concept to developing and developed states, and explore the possibility that sovereignty can be abused. We propose state typologies to explore the concept further and to scrutinize the accommodations of authority and control.
Editor's Note, Dave Newman
Volume 4 Issue 1, Sustainable Development Law & Policy
Volume 4 Issue 1, Sustainable Development Law & Policy
Sustainable Development Law & Policy
No abstract provided.
The Access Initiative: Promoting Sustainable Development Through Good Governance , Melissa Dasgupta
The Access Initiative: Promoting Sustainable Development Through Good Governance , Melissa Dasgupta
Sustainable Development Law & Policy
No abstract provided.
World News, Lydia Edwards, Kirk Herbertson, Dave Herbertson
World News, Lydia Edwards, Kirk Herbertson, Dave Herbertson
Sustainable Development Law & Policy
No abstract provided.
Balancing Indigenous Rights And A State's Right To Develop In Latin America: The Inter-American Rights Regime And Ilo Convention 169, David C. Baluarte
Balancing Indigenous Rights And A State's Right To Develop In Latin America: The Inter-American Rights Regime And Ilo Convention 169, David C. Baluarte
Sustainable Development Law & Policy
No abstract provided.
Indigenous Peoples' Free Prior And Informed Consent In The Inter-American Human Rights System, Alex Page
Indigenous Peoples' Free Prior And Informed Consent In The Inter-American Human Rights System, Alex Page
Sustainable Development Law & Policy
No abstract provided.
National Implementation Of The International Prior Informed Consent Procedures Concerning Hazardous Chemicals And Wastes, Masa Nagai
Sustainable Development Law & Policy
No abstract provided.
Comparative Legal Responses To Terrorism: Lessons From Europe, Jeremie J. Wattellier
Comparative Legal Responses To Terrorism: Lessons From Europe, Jeremie J. Wattellier
UC Law SF International Law Review
After September 11, 2001, the U.S. Congress and President initiated legal changes to combat terrorism. In the late 20th century, Europe also experienced terrorist attacks on its soil and initiated legal adaptations. Europe's legal history with terrorism shows that harsh procedure-stripping rules do not stop terrorism and come at great costs in civil liberties and legal clout. More procedural safeguards would bring the U.S. legal response back in line with its traditional legal values while still providing a way to fight terrorism. This note investigates the European legal response to its terrorist attacks-measuring successes and gauging costs where possible-and evaluates …
Trade Treaty Threats And Sub-National Sovereignty: Multilateral Trade Treaties And Their Negligible Impact On State Laws, David I. Spector
Trade Treaty Threats And Sub-National Sovereignty: Multilateral Trade Treaties And Their Negligible Impact On State Laws, David I. Spector
UC Law SF International Law Review
Advocates of free trade extol the virtues of trade without borders, while opponents decry its abysmal consequences. While debates about the benefits and detriments of free trade seem never-ending, there has been comparatively little discussion of the actual impact of international trade obligations on sub-national components of federal governments. Although the relationship between America's trade treaties and the policies of state governments has become a more visible issue in international trade, relatively little is known about how these international trade obligations really shape state law-making among the fifty U.S. states. This Note examines how international trade treaties have actually impacted …
Introduction 21st Annual Scholarly Programs: The Future Of Force: Waging War In The 21st Century
Introduction 21st Annual Scholarly Programs: The Future Of Force: Waging War In The 21st Century
UC Law SF International Law Review
This year's 21st Annual Scholarly Programs featured two events that brought leaders in the field together to discuss the legal bases for waging war in the 21st Century. The first event, the Scholars Forum, featured Professor Thomas M. Franck, who discussed his paper, Preemption, Prevention and Anticipatory Self-Defense: New Law Regarding Recourse to Force? Professor Diane Marie Amann, Professor David D. Caron, Professor Joel R. Paul and Judge Abraham D. Sofaer responded to Professor Franck's paper and offered their own perspectives. Professor Naomi Roht-Arriaza served as the mediator. The second event, the Rudolph B. Schlesinger Memorial Lecture, featured Michael J. …