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2007

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Articles 601 - 630 of 852

Full-Text Articles in International Law

Reconfiguring Industrial Policy: A Framework With An Application To South Africa, Ricardo Hausmann, Dani Rodrik, Charles F. Sabel Jan 2007

Reconfiguring Industrial Policy: A Framework With An Application To South Africa, Ricardo Hausmann, Dani Rodrik, Charles F. Sabel

Faculty Scholarship

The main purpose of industrial policy is to speed up the process of structural change towards higher productivity activities. This paper builds on our earlier writings to present an overall design for the conduct of industrial policy in a low- to middle-income country. It is stimulated by the specific problems faced by South Africa and by our discussions with business and government officials in that country. We present specific recommendations for the South African government in the penultimate section of the paper.

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The Future Of Internet Governance, Tim Wu, David A. Gross Jan 2007

The Future Of Internet Governance, Tim Wu, David A. Gross

Faculty Scholarship

The issues surrounding Internet naming and Internet governance have been controversial since the mid-1990s. But public attention was drawn to Internet governance in the early 2000s when Europe and other countries declared themselves unhappy with how Internet governance was working, how the domain names were being assigned, and other issues. David, can you summarize what was happening in the early 2000s that created controversy in this area?

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Does International Arbitration Need A Mandatory Rules Method?, Alexander K.A. Greenawalt Jan 2007

Does International Arbitration Need A Mandatory Rules Method?, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

The role of mandatory rules in international arbitration remains a persistent source of debate. The basic problem is a straightforward one: contractual arbitration arises as a matter of the parties’ consent, but the resolution of contractual disputes can implicate mandatory rules of law that are not waivable and are typically designed to protect broader public rights. The literature has often presented the issue in terms of conflict between the authority of the state and the party-derived authority of the arbitrator. Asserting an independent public duty to protect national mandatory laws as well as the enforceability of arbitral awards, some writers …

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Introduction To The Imperial Presidency And The Consequences Of 9/11, Mark R. Shulman Jan 2007

Introduction To The Imperial Presidency And The Consequences Of 9/11, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Protection Elsewhere: The Legal Implications Of Requiring Refugees To Seek Protection In Another State, Michelle Foster Jan 2007

Protection Elsewhere: The Legal Implications Of Requiring Refugees To Seek Protection In Another State, Michelle Foster

Michigan Journal of International Law

This Article first questions the legitimacy of protection elsewhere practices. It then considers the circumstances in which the transfer of refugees might take place. It should be emphasized that the Michigan Guidelines set out the minimum requirements and constraints imposed by international law when a state wishes to implement a protection elsewhere policy. In addition, in some instances the Michigan Guidelines engage in "progressive development" of the law by suggesting safeguards that, while not strictly required by international law, should be respected in order to ensure the implementation of such policies in a way that protects and ensures the rights …

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Privatization And The Human Right To Water: Challenges For The New Century, Melina Williams Jan 2007

Privatization And The Human Right To Water: Challenges For The New Century, Melina Williams

Michigan Journal of International Law

This Note considers implications for the human fight to water in the context of the trend toward privatization of water supplies. Part II examines the legal bases of the right to water, and Part III discusses the potential obligations that arise from it. Part IV then looks at the interaction between the fight to water and arrangements to privatize water supplies. This Note posits that human rights law does not simply support or oppose privatization of water supplies and services. Rather, bringing a human rights perspective to the problem of providing water to the world's population both clarifies the minimum …

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State Intelligence Gathering: Conflict Of Laws, Charles H.B. Garraway Jan 2007

State Intelligence Gathering: Conflict Of Laws, Charles H.B. Garraway

Michigan Journal of International Law

This Article begins with an examination of the development of the law of war (Part II) and human rights law (Part III) before looking at the differing legal categories of armed conflict (Part IV). It then examines the applicability of human rights law in situations of armed conflict (Part V) and the increasing complexity of defining violence, whether as armed conflict or otherwise (Part VI). The Article proceeds with an examination of the overlap between the law of war and human rights law (Part VII) and the risk of divergence that this overlap causes (Part VIII). Finally, it seeks to …

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Counterintuitive: Intelligence Operations And International Law, Glenn Sulmasy, John Yoo Jan 2007

Counterintuitive: Intelligence Operations And International Law, Glenn Sulmasy, John Yoo

Michigan Journal of International Law

The question before us is whether international law is useful or required to govern the covert intelligence-gathering activities of nation-states during peacetime. The very notion that international law is currently capable of regulating intelligence gathering is dubious. In fact, we suggest that international regulation of intelligence operations could have the perverse effect of making international conflict more, rather than less, likely. Certainly, there is legitimate space for coordination and cooperation between states in sharing intelligence, but such "sharing" does not involve significant needs for universal regulation by international law. Simply stated, it is not in the interests of nation-states or …

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What Is The Use Of International Law? International Law As A 21st Century Guardian Of Welfare, Emmanuelle Jouannet Jan 2007

What Is The Use Of International Law? International Law As A 21st Century Guardian Of Welfare, Emmanuelle Jouannet

Michigan Journal of International Law

The thesis of this Essay is that international law currently represents a welfare-driven and bio-political structuring mode for international society which not only counterbalances liberal economic globalization, but also draws from it. This inquiry offers a political interpretation of contemporary international law to clarify its functioning and the effects of its legal rationality, as well as to answer the question of its efficacy. An evolution has taken place for at least a century and has only attainted partial completion. It is the fruit of modernity that constantly projects its aspirations, its unity, and its contradictions onto the international legal system. …

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An Unrecognized State In Foreign And International Courts: The Case Of The Republic Of China On Taiwan, Pasha L. Hsieh Jan 2007

An Unrecognized State In Foreign And International Courts: The Case Of The Republic Of China On Taiwan, Pasha L. Hsieh

Michigan Journal of International Law

This Article provides a comparative analysis of the status of the Republic of China on Taiwan in foreign and international settings. Most existing literature written from the traditional public international law perspective focuses on Taiwan's separate statehood from China. This Article addresses an important pragmatic issue that international courts and courts in foreign countries frequently face: whether Taiwan is a "foreign State" for particular salutatory purposes in judicial proceedings. Part I of this Article provides an overview of China-Taiwan relations and the status of Taiwan under international law. I argue that the ROC on Taiwan has been a sovereign State …

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Secrets And Lies: Intelligence Activities And The Rule Of Law In Times Of Crisis, Simon Chesterman Jan 2007

Secrets And Lies: Intelligence Activities And The Rule Of Law In Times Of Crisis, Simon Chesterman

Michigan Journal of International Law

This Article will consider generally the prospects for an approach to intelligence activities based on the rule of law, focusing on the problem of covertness. In particular, it will examine the debate over how law should deal with crises, epitomized by the "ticking time-bomb" hypothetical. On the one hand, some call for a pragmatic recognition that, in extremis, public officials may be required to act outside the law and should seek after-the-fact ratification of their "extra-legal measures." On the other hand, others argue that the embrace of "extra-legal measures" misconceives the rule of law, underestimates the capacity of a …

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What's International Law Got To Do With It? Transnational Law And The Intelligence Mission, James E. Baker Jan 2007

What's International Law Got To Do With It? Transnational Law And The Intelligence Mission, James E. Baker

Michigan Journal of International Law

This Article describes a continuum of contemporary threats to U.S. national security, with a focus on nonstate terrorism. Part III addresses the role of intelligence and national security law, and in particular law addressed to process, in combating these threats. Good process advances the liberty and safety interests embodied in the concept of national security. Good process improves the quality of decision. It also enhances accountability, which in turn improves decision. Where good process is defined in law to include executive directive, it is better insulated from the immediate imperatives of secrecy and speed.

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Iraq, Secured Transactions & The Promise Of Islamic Law,, Mark J. Sundahl Jan 2007

Iraq, Secured Transactions & The Promise Of Islamic Law,, Mark J. Sundahl

Law Faculty Articles and Essays

When Iraq regains political stability, major reconstruction projects will have to be funded and local businesses will need financing in order to gain a foothold in the new economy. In order to attract the necessary capital, the Iraqi law of secured transactions must be reformed to allow for lenders to take security in the assets of their borrowers. However, the challenge of reforming Iraqi commercial law is complicated by the requirement under the new Iraqi Constitution that any new statutes enacted by the Iraqi legislature must comply with the principles of Islamic law. This Article sets forth proposals for reform …

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Conference: Reparations In The Inter-American System: A Comparative Approach Conference, Ignacio Alvarez, Carlos Ayala, David Baluarte, Agustina Del Campo, Santiago A. Canton, Claudio Grossman, Darren Hutchinson, Pablo Jacoby, Viviana Krsticevic, Elizabeth Abi-Mershed, Fernanda Nicola, Diego Rodríguez-Pinzón, Francisco Quintana, Sergio Garcia Ramirez, Alice Riener, Frank La Rue, Dinah Shelton, Ingrid Nifosi Sutton, Armstrong Wiggins Jan 2007

Conference: Reparations In The Inter-American System: A Comparative Approach Conference, Ignacio Alvarez, Carlos Ayala, David Baluarte, Agustina Del Campo, Santiago A. Canton, Claudio Grossman, Darren Hutchinson, Pablo Jacoby, Viviana Krsticevic, Elizabeth Abi-Mershed, Fernanda Nicola, Diego Rodríguez-Pinzón, Francisco Quintana, Sergio Garcia Ramirez, Alice Riener, Frank La Rue, Dinah Shelton, Ingrid Nifosi Sutton, Armstrong Wiggins

American University Law Review

This publication will enhance the understanding of what we call the law of reparations, developed in the Inter-American Court and Commission of Human Rights. Reparations have a special meaning for the victims of human rights violations and, in particular, the victims of mass and gross violations that took place in this hemisphere during the twentieth century. For those victims and their family members, reestablishing the rights as if no violation had occurred is not possible. Accordingly, to them, avoiding the repetition of those violations in the future is of paramount importance. In achieving that goal, what the victims want is …

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Universal Proceduralism, Edward J. Janger Jan 2007

Universal Proceduralism, Edward J. Janger

Faculty Scholarship

No abstract provided.

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Boticas Y Bodegas: The Development Of Food And Drug Regulation In Peru, Alicia C. Llosa Jan 2007

Boticas Y Bodegas: The Development Of Food And Drug Regulation In Peru, Alicia C. Llosa

University of Miami Inter-American Law Review

No abstract provided.

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Protecting New Technologies In Latin America: The Case For Computer Software Patents In Argentina, Miguel E. Sciancalepore Jan 2007

Protecting New Technologies In Latin America: The Case For Computer Software Patents In Argentina, Miguel E. Sciancalepore

University of Miami Inter-American Law Review

No abstract provided.

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The Good, The Bad & The Ugly - A New Way Of Looking At The Intercountry Adoption Debate, Jena Martin Jan 2007

The Good, The Bad & The Ugly - A New Way Of Looking At The Intercountry Adoption Debate, Jena Martin

Faculty Articles

The two sides of the intercountry adoption debate seem worlds apart. Proponents view international adoption as an effective solution to stop the proliferation of institutionalized and street orphans across the globe. To them, intercountry adoption is a panacea-offering a potential solution to such diverse issues as children orphaned after war and disaster; adults who are unable to conceive; global intolerance; and the limited resources of developing nations. On the other hand, critics of intercountry adoptions view it as modem-day imperialism, allowing dominant, developed cultures to strip away a developing country's most precious resources, its children. Moreover, the view one holds …

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The Cost Of Confusion: Resolving Ambiguities In Detainee Treatment, Kenneth Anderson Jan 2007

The Cost Of Confusion: Resolving Ambiguities In Detainee Treatment, Kenneth Anderson

Research Reports & White Papers

This short policy paper considers US counterterrorism policy with particular attention to treatment of detainees in matters of challenging detention, interrogation, trial of detainees, and release. It analyzes the existing US war on terror and considers future policies that would address both national security concerns and human rights/civil liberties concerns. The paper is written by two experts and advocates in counterterrorism-related issues, coming from the center right and the center left in American politics, as part of a project of the Stanley Foundation, Bridging the Foreign Policy Divide, which publishes papers by pairs of experts coming from conservative and progressive …

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Is International Law A European Conspiracy?, Mark Weston Janis Jan 2007

Is International Law A European Conspiracy?, Mark Weston Janis

Faculty Articles and Papers

Reviewing B.S. Chimni, Third World Approaches to International Law: A Manifesto, The Third World and International Order: Law, Politics And Globalization, pp. 47-73, ed. by A. Anghie, B. Chimni, K. Mickelson and O. Okafor (Leiden, Martinus Nijhoff Publishers, 2004).

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Americans And The Quest For An Ethical International Law, Mark Weston Janis Jan 2007

Americans And The Quest For An Ethical International Law, Mark Weston Janis

Faculty Articles and Papers

Foreign critics sometimes accuse Americans of taking a hypocritical stance on international law. They say we preach an ethical international law to others, but practice a selfishly utilitarian international law ourselves. Here is the remarkable opinion, given just last year, of a leading European international lawyer. Martti Koskenniemi, a distinguished Finnish scholar, is Professor of International Law at the University of Helsinki and a Global Professor of Law at New York University. Koskenniemi believes that the Europeans speak the language of universal international law, but: How differently the Americans see the world! Legalization, is just a policy choice, a matter …

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Justice Without Politics: Prosecutorial Discretion And The International Criminal Court, Alexander K.A. Greenawalt Jan 2007

Justice Without Politics: Prosecutorial Discretion And The International Criminal Court, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

The ICC Prosecutor's own charging policies should be prepared to give way to the judgments of legitimate political actors in times of political transition when actual arrests are more likely and competing justice proposals pose a more troubling challenge to the ICC's authority. In that scenario, I argue that the Prosecutor should encourage legitimate political actors to reach policy decisions that will command deference by the ICC. Such deference could take one or both of the following forms: (1) explicit deference to political actors, principally the U.N. Security Council acting under Chapter VII of the U.N. Charter, and (2) implied …

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John Hanson, Lauren Robel, And Maulvi Wahab (Photograph) Jan 2007

John Hanson, Lauren Robel, And Maulvi Wahab (Photograph)

Lauren Robel (2002 Acting; 2003-2011)

Maulvi Wahab, Ameer or leader of the Ahmadiyya Muslim community of Ghana, visited IUB in late June as one of several distinguished international visitors invited to attend the Indiana Democracy Consortium's congress Democracy and the Modern World: Prospects and Challenges organized by Bennett Bertenthal, dean of the College of Arts and Sciences; Astrid Merget, then dean of the School of Public and Environmental Affairs; and Lauren Robel, dean of the School of Law-Bloomington. The congress was convened by Jeff Isaac, chair of political science. The Ameer, who has served on the presidentially appointed Ghanaian National Recon ciliation Commission, visited his …

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Transboundary Pollution: Harmonizing International And Domestic Law, Noah D. Hall Jan 2007

Transboundary Pollution: Harmonizing International And Domestic Law, Noah D. Hall

Law Faculty Research Publications

Addressing transnational pollution requires both international and domestic law. Transnational pollution is an international problem that demands and deserves the attention of international legal mechanisms such as treaties, agreements, arbitration, and international management and governance. At the same time, transnational pollution problems can often be addressed more effectively and efficiently through the domestic legal system. An ideal approach is to harmonize transnational pollution management and dispute resolution under international and domestic law. This Article seeks to provide pragmatic, feasible, and politically realistic solutions to transnational pollution by harmonizing international and domestic law. However, given the diversity in geography, domestic legal …

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Clash Of The Titans: Collisions Of Economic Regulations And The Need To Harmonize Prescriptive Jurisdiction Rules, Milena Sterio Jan 2007

Clash Of The Titans: Collisions Of Economic Regulations And The Need To Harmonize Prescriptive Jurisdiction Rules, Milena Sterio

Law Faculty Articles and Essays

Part I of this article describes regulatory clashes involving different states' public laws, and then focuses on certain areas of law, including antitrust, securities, and Internet commerce and publishing, where such clashes are most likely to take place. Part II focuses on the different solutions to this regulatory puzzle invoked by scholars, advocating either territorial-based or substance-based approaches. Part III then critiques the two approaches, while emphasizing the need to address the issue from a global perspective, that is, by seeking to harmonize jurisdiction-allocating rules on an international level.

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Business, Steven R. Ratner Jan 2007

Business, Steven R. Ratner

Book Chapters

This chapter seeks to expose some of the divergences between doctrine and reality, and to suggest ways of understanding the field that take proper account of business. It does so first by examining the roles and goals of business entities with respect to international environmental law. It then examines how international law has accommodated the place of business in environmental policy with respect to two key issues: (1) corporations as the target of legal obligations; and (2) corporations as participants in the process of international environmental law, particularly with respect to law-making and implementation. I conclude with some thoughts regarding …

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Individual And State Responsibility For Intelligence Gathering, Dieter Fleck Jan 2007

Individual And State Responsibility For Intelligence Gathering, Dieter Fleck

Michigan Journal of International Law

It is the purpose of this contribution to examine relevant norms and principles for assessing acts of intelligence gathering under international law (Part I), evaluate legal problems of attribution of such acts (Part II), and, where governments commit wrongful acts, look into circumstances precluding their wrongfulness (Part III). Based on these considerations, legal consequences for criminal accountability (Part IV) and reparation (Part V) will be discussed. Finally, some conclusions may be drawn (Part VI).

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Globalization Of Law Firms: A Survey Of The Literature And A Research Agenda For Further Study, D. Daniel Sokol Jan 2007

Globalization Of Law Firms: A Survey Of The Literature And A Research Agenda For Further Study, D. Daniel Sokol

UF Law Faculty Publications

The international expansion of law firms plays a critical role in understanding the business of law and the nature of globalization. This article responds to two articles on law firm expansion in the Indiana University - Bloomington Law School symposium on the Globalization of the Legal Profession. The article utilizes management studies' theoretical work on internationalization and applies it to law firm expansion to explain law firm strategic decision-making. The author creates a six part taxonomy for types of law firm expansion and provides a snapshot of the increasing U.S./U.K. dominance of capital markets, corporate and mergers and acquisitions legal …

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The Impacts Of Global Warming: The Need For Cooperation & Leadership An Overview Of This Issue , Jeff Bingaman Jan 2007

The Impacts Of Global Warming: The Need For Cooperation & Leadership An Overview Of This Issue , Jeff Bingaman

Sustainable Development Law & Policy

No abstract provided.

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Strengthening The Montreal Protocol: Insurance Against Abrupt Climate Change, Donald Kaniaru, Rajendra Shende, Scott Stone, Durwood Zaelke Jan 2007

Strengthening The Montreal Protocol: Insurance Against Abrupt Climate Change, Donald Kaniaru, Rajendra Shende, Scott Stone, Durwood Zaelke

Sustainable Development Law & Policy

No abstract provided.

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