International Law Commons^™

Reviving Constitutionalism In Iraq: Key Provisions Of The Transitional Administrative Law, Feisal Amin Istrabadi

Articles by Maurer Faculty

No abstract provided.

The Fight At The Soda Machine: Analyzing The Sweetener Trade Dispute Between The United States And Mexico Before The World Trade Organization , Patricia Larios

American University International Law Review

No abstract provided.

Globalizing What: Education As A Human Right Or As A Traded Service?, Katarina Tomasevski

Indiana Journal of Global Legal Studies

Globalization and Education Symposium

To What Ends: Educational Reform Around The World, Robert F. Arnove

Indiana Journal of Global Legal Studies

Globalization and Education Symposium

The Language Of Higher Education Assessment: Legislative Concerns In A Global Context, Bonnie Urciuoli

Indiana Journal of Global Legal Studies

Globalization and Education Symposium

Will Saddam Hussein Get A Fair Trial?, Michael P. Scharf

Faculty Publications

Debate between Dr. Curtis F. J. Doebbler and Professor Michael P. Scharf

Law Beyond Borders: Jurisdiction In An Era Of Globalization, Introduction To The Symposium, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Towards A Test Of The International Character Of An Armed Conflict: Nicaragua And Tadic, Leo Van Den Hole

Syracuse Journal of International Law and Commerce

Two international Tribunals recently examined what level of direction and control has to be wielded by a State over military or paramilitary groups to make a non-international conflict an international one. The general view perceives the holdings of both tribunals to be in conflict, this article maintains that they are not. It argues that both tribunals were weighing factors, and that every court of first instance always has to weigh these factors to decide whether acts of armed groups can be attributed to a State.

On Law And Democratic Development: Popular Constitutionalism And Judicial Supremacy, Daan Braveman

Syracuse Journal of International Law and Commerce

I was asked to comment on the topic of the conference as it relates to the United States. It is not simply my law background that persuaded me to focus on the issue of judicial supremacy. Examination of law and democracy in the United States at some point must tum its attention to the role of the courts, particularly the Supreme Court, in furthering democratic principles. A fundamental aspect of our democratic experience has been the institution of judicial review, the proposition that unelected, life-tenured judges have the power to declare that our elected representatives have acted unconstitutionally. This is …

Roads To Democracy, Lawrence M. Friedman

Syracuse Journal of International Law and Commerce

Of course, "democracy" is not a simple concept; and no two systems that claim to be democracies are exactly the same. The "rule of law" is if anything an even more contested concept. For the purposes of this paper, we do not really need to define democracy rigorously. A society with a reasonable dose of freedom of speech and the press, freedom of religion, more or less fair elections, and the customary package of basic human rights, respected (on the whole) by the government, qualifies as a democracy. These will also tend to be societies that respect the rule of …

Constitutional Responsibility To Provide A System Of Free Public Schools: How Relevant Is The States' Experience To Shaping Governmental Obligations In Emerging Democracies?, Denise A. Hartman

Syracuse Journal of International Law and Commerce

This article will first briefly outline the evolution of public education in the United States from a national perspective. Next, it will focus in on a couple of states, Massachusetts and Pennsylvania, setting forth in more detail the history of public education in those states, the constitutionalization of the government's responsibility for public education in those states, and judicial interpretations of that constitutional responsibility. Finally, this paper will attempt to draw some inferences and propose a set of principles to guide the formulation of a national role for providing a system of public education in emerging constitutional democracies.

The Tension Between Legal Instrumentalism And The Rule Of Law, Brian Z. Tamanaha

Syracuse Journal of International Law and Commerce

At the heart of the United States legal culture lie two core notions that exist in deep tension with one another: the idea that law is an instrument, and the rule of law ideal. Although they continue to coexist despite this tension, there are indications that the instrumental view of law is putting a serious strain on the rule of law ideal. The substantive version of the rule of law is the idea that there are legal limits on the government: there are certain things the government cannot do, even when exercising its sovereign lawmaking power. This version of the …

Do Free Markets Create Free Societies?, Samuel Krislov

Syracuse Journal of International Law and Commerce

The notion that markets lead to law and freedom is said to have originated in Adam Smith's work and rooted in history. Both the progression and roots seem highly problematic. Neo-Smithian approaches have been refurbished by general acceptance of a contingent nature of the relation. They have also been enhanced by the failures of European Marxist economics in ways predicted with uncanny accuracy. On the other hand, neo-classical claims of democratic welfare system were only a step away from similar failures, which have been refuted. Hopes that an international system might impose democracy from outside the nation-state are overly optimistic. …

Democratic Norms And Regional Stability Panel Deiscussion: An Introduction, David S. Berry

Syracuse Journal of International Law and Commerce

The following three brief articles raise and address fundamental questions about the role of democracy at the regional and international levels. They examine the current status of democracy and the suggested "right to democracy" at international law, particularly in the Americas context. Developed from papers presented at a panel entitled "Democratic Norms and Regional Stability: Global Challenges and Responses in the Americas," these three pieces examine the current role of democracy in the region, including the role of the Inter-American Democratic Charter. The latter document, paralleled by provisions in the Charter of the Organization of American States and resolutions of …

A Jewish Law View Of World Law, Michael J. Broyde

Faculty Articles

This paper will explore two basic Jewish law questions which reflect on the technical issues related to Professor Berman's world law proposal. The first question asks how Jewish law views public international law and whether public international law can be incorporated into the corpus of Jewish law. The second question asks how Jewish law generally incorporates domestic (municipal) law into Jewish law and if this classical paradigm of integration assists in formulating a Jewish law view of world law. To the best of my knowledge, the first matter is a question of nearly first impression in the Jewish law literature.

Private Complainants And International Organizations: A Comparative Study Of The Independent Inspection Mechanisms In International Financial Institutions, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

This paper is a comparative study of the independent inspection mechanisms in international financial institutions. These mechanisms, which are an important development in the accountability of international organizations, allow private complainants who believe that they have been harmed or threatened with harm by the failure of these institutions to act in accordance with their own operational rules and procedures to have their complaints investigated by an independent body.

The paper is divided into three parts. In the first part I discuss the structure, functions and procedures of the World Bank's Inspection Panel, the International Finance Corporation's Compliance Advisor Ombudsman, the …

Book Reviews, Thomas Mills, Elisa Mason, Gail A. Partin, Maryiln J. Raisch, Mary Rumsey, Teresa Stanton, Daniel C. Turack

Faculty Scholarly Works

No abstract provided.

Assessing Claims Of A New Doctrine Of Pre-Emptive War Under The Doctrine Of Sources, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Foreign Precedents In The Federal Judiciary: The Case Of The World Trade Organization’S Dsb Decisions, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

How Necessity May Preclude State Responsibility For Compulsory Licensing Under The Trips Agreement, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

International Justice And The Trading Regime, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Wartime Security And Constitutional Liberty, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

How American Support For Freedom Of Commerce Legitimized King Leopold’S Territorial Ambitions In The Congo, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Mapping The Law Of Legalizing Maps: The Implications Of The Emerging Rule On Map Evidence In International Law, Hyung K. Lee

Washington International Law Journal

Parties to boundary and territory disputes often rely on maps favorable to their claims. Traditional international law, however, restricts the evidentiary value of maps so that they provide only collateral, rather than probative evidence of title. Although international tribunals have not yet abrogated the traditional rule on map evidence, their recent decisions show willingness to depart from it in certain circumstances. The emerging new rule on map evidence poses intriguing theoretical as well as practical questions. This Comment analyzes several decisions of the International Court of Justice and the Permanent Court of Arbitration to reveal the evolution in the status …

Redressing Colonial Genocide: The Hereros' Cause Of Action Against Germany, Rachel J. Anderson

Scholarly Works

In February 2003, the Herero People's Reparations Corporation filed a complaint against Germany in the District Court of the District of Columbia alleging violations of international law, crimes against humanity, genocide, slavery, and forced labor before, during, and after the German-Herero War (1904-07). The German government, modern scholars, and other commentators have long taken the position that genocides committed by colonial governments in the nineteenth century did not violate international law at that time. Arguments for this position rely, inter alia, on the belief that all forms of genocide were first criminalized and made punishable by the 1948 U.N. Convention …

Book Review, Michael Kagan

Scholarly Works

There is a frequent critique of the UN High Commissioner for Refugees’ protection role, which goes like this: as UNHCR has grown as a humanitarian aid delivery agency, law and human rights have lost currency. In Rights in Exile: Janus-Faced Humanitarianism, Guglielmo Verdirame and Barbara Harrell-Bond (with Zachary Lomo and Hannah Garry) take this as a starting point from which to reach a far more searing conclusion: UNHCR itself directly violates the human rights of the people it is supposed to protect. Detailed, direct and at times passionate, this book should be required reading for anyone who wants to …

International Law And The Ethnicity Of Irish Travellers, David Keane

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Law And Politics Of Contemporary Transitional Justice, Ruti G. Teitel

Articles & Chapters

Slobodan Milosevic, Saddam Hussein, Hissene Habre, Augusto Pinochet, Charles Taylor. There have never been more political leaders in the dock, or, under the shadow of its threat. Of what significance are these contemporary instances of transitional justice? This article uses the trials of Slobodan Milosevic and Saddam Hussein as an occasion for revisiting and extending my ongoing project of tracing a genealogy of transitional justice.
/="/">
/="/">In prior work, I have defined "transitional justice" as that conception of justice associated with periods of political change. In an ongoing genealogy, I tie the legal developments in this area to distinct …

The Unforgiven Sources Of International Law: Nation-Building, Violence And Gender In The West(Ern), Ruth Buchanan, Rebecca Johnson

Articles & Book Chapters

In his classic work, ‘Nomos and Narrative,’ Cover reminds us that legal traditions form part of a complex normative world – a ‘nomos’ – a world of language and myth. Because precept and narrative operate together to ground meaning, one cannot truly inhabit any given nomos without a rich understanding of its narratives. The very intelligibility of behaviour within the nomos inheres in the communal nature of common scripts or narratives for that behaviour. International law is also supplied with ‘history and destiny, beginning and end, explanation and purpose’ in and through narratives. In contrast with conventional approaches, new scholarship …

International Animal Rights: Speciesism And Exclusionary Human Dignity, Kyle Ash

Animal Law Review

The primary goal of this paper is to act as a heuristic device, to suggest an unconventional but practical perspective on the evolution of international law. Upon surveying discourse on the history of international law, texts of treaties, and declarations and writings of influential philosophers of law and morality, an antiquated perspective of humanity is apparent. A convention in international law, and a reflection of a common idea which feeds the foreboding trend of how humans relate to the planet, treats humanity as distinctively separate from the Earth’s biodiversity. Though environmental law is beginning to recognize the necessity of conserving …