International Law Commons^™

Human Rights Ngos In East Africa: Defining The Challenges, Makau Wa Mutua

Contributions to Books

Published as Chapter 1 in Human Rights NGOS in East Africa: Political and Normative Tensions, Makau Mutua, ed.

The Centennial Of The Boundary Waters Treaty: A Century Of United States-Canadian Transboundary Water Management, Noah D. Hall

Law Faculty Research Publications

No abstract provided.

Challenges Facing Investment Disputes: Reconsidering Dispute Resolution In International Investment Agreements, Susan Franck

Contributions to Books

International investment and international investment agreements have experienced a particular level of growth in the past few decades. With that growth and the granting of affirmative dispute resolution rights to foreign investors, international investment conflict has become increasingly highlighted; and one particular methodology - namely investment treaty arbitration - has become particularly visible. Reliance on this single option for resolving conflict has a unique set of systemic implications. This chapter therefore takes a more systemic look at investment treaty conflict and, in an effort to provide an appropriate historical and doctrinal framework, approaches to dispute resolution broadly. It asks for …

El Surgimiento Del Derecho Ambiental Global, Robert V. Percival

Faculty Scholarship

Legal systems across the globe are responding to environmental concerns in surprising new ways. As nations upgrade their environmental standards, some are transplanting law and regulatory policy innovations derived from the experience of other countries, including nations with very different legal and cultural traditions. New national, regional, and international initiatives have been undertaken both by governments and private organizations. Greater cross-border collaboration between government officials, nongovernmental organizations, multinational corporations and other entities is shaping environmental policy in ways that blur traditional private/public land domestic/international distinctions. The result has been the emergence of a kind of “global environmental law” – law …

Brain Drain, Fernando R. Tesón

Scholarly Publications

No abstract provided.

Public Symbol In Private Contract: A Case Study, Anna Gelpern, Mitu Gulati

Center for Contract and Economic Organization

This Article revisits a recent shift in standard form sovereign bond contracts to promote collective action among creditors. Major press outlets welcomed the shift as a milestone in fighting financial crises that threatened the global economy. Officials said it was a triumph of market forces. We turned to it for insights into contract change and crisis management. This article is based on our work in the sovereign debt community, including over 100 interviews with investors, lawyers, economists, and government officials. Despite the publicity surrounding contract reform, in private few participants described the substantive change as an effective response to financial …

Patenting Part-Human Chimeras, Transgenics And Stem Cells For Transplantation In The United States, Canada, And Europe, Gregory R. Hagen, Sébastien A. Gittens

Richmond Journal of Law & Technology

The perceived need for part-human materials – considered to be biological materials containing human genetic material for the purposes of this paper – is at least twofold. First, given the continued shortage of human organs and other human biological materials suitable for transplantation, thousands of persons will suffer illness and death each year.

Beyond The Liability Wall: Strengthening Tort Remedies In International Environmental Law, Noah M. Sachs

Law Faculty Publications

Despite decades of effort, the international community has stumbled in attempts to craft tort remedies for victims of transboundary environmental damage. More than a dozen civil liability treaties have been negotiated that create causes of action and prescribe liability rules, but few have entered into force, and most remain unadapted orphans in international environmental law. In this Article, I explain the problematic record of tort liability regimes by developing a theoretical model of liability negotiations grounded in regime theory from political science. Based on this model, I conclude that negotiated liability regimes have foundered because of three main roadblocks: ( …

Victims' Participation In The Investigations Of The International Criminal Court, Susana Sacouto, Katherine A. Cleary

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Narrowing The Accountability Gap: Toward A New Foreign Investor Accountability Mechanism, David Hunter, Natalie L. Bridgeman

Scholarly Articles in Law Reviews & Journals

An ever-increasing number of standards, guidelines, principles, norms, and best practices have been adopted to address the environmental and social impacts of multinational enterprises (MNEs). This increase in standards and norms corresponds to a rise in MNE sensitivity to the environmental and social impacts that their activities have on local communities in developing countries. These standards and norms are considered voluntary by definition because they are typically not state-sponsored or the product of public regulation. They fill a normative gap located between the state-centered focus of international law and the often inadequate or unenforced standards of the developing country hosts …

Rethinking The Political Future: An Alternative To The Ethno-Sectarian Division Of Iraq, Paul Williams, Matt Simpson

Scholarly Articles in Law Reviews & Journals

In the coming year, the political leadership in Iraq will need to make a final determination as to whether they are going to structure the state of Iraq as a federal state with ethnically heterogeneous provinces, a loose federal state with ethnically defined provinces or regions, or whether they are going to divide the state into three new states based on ethno-sectarian lines.

A number of prominent American law makers and foreign policy shapers have strongly advocated for the soft, and sometimes hard, partition of Iraq — either through the creation of a loose federal structure based on ethno-sectarian lines, …

Creative Development: Helping Poor Countries By Building Creative Industries, Mark Schultz, Alec Van Gelder

Kentucky Law Journal

No abstract provided.

International Criminal Law, Dermot Groome, Donald E. Shaver

Faculty Scholarly Works

No abstract provided.

A Critical Appraisal Of The International Legal Tradition Of Taslim Olawale Elias, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Common Ground In The Sky: Extending The 1967 Outer Space Treaty To Reconcile U.S. And Chinese Security Interests, Alex B. Englehart

Washington International Law Journal

A storm is brewing 100 kilometers above the Pacific Rim. The early 21st century finds the People’s Republic of China in the throes of astronomical economic growth, national development, and military expansion. The United States, meanwhile, is staunchly determined to develop an effective missile defense system and to extend its military capabilities in space as it pursues its global war on terrorism. China sees U.S. military space activities as a threat and, along with Russia, has pushed hard in recent years for a ban on all space weapons. So far, the United States has been unwilling to negotiate on the …

The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia M. Saucedo

Buffalo Law Review

No abstract provided.

Killing Globally, Punishing Locally?: The Still-Unmapped Ecology Of Atrocity, Timothy William Waters

Buffalo Law Review

Book review of Mark A. Drumbl's Atrocity, Punishment, and International Law

Proceedings Of The 102nd Asil Annual Meeting, New Voices Inspire New Directions, Mark A. Drumbl

Scholarly Articles

The participants in this New Voices panel inspire theoretical innovation. They contest orthodoxies and align new visions. Each of the papers is complex and nuanced while delivering precise and tangible arguments.

Identical Cousins? On The Road With Dilution And The Right Of Publicity, Mary Lafrance

Scholarly Works

The dilution doctrine and the right of publicity have a great deal in common, because both represent property-like rights that have evolved from legal doctrines largely unrelated to property concerns. Although both doctrines have engendered controversy in the United States, the dilution doctrine generally evokes greater skepticism and confusion. This Article evaluates how these concepts are viewed in a number of jurisdictions outside the United States. From this examination, two conclusions emerge. First, despite the similarities between the doctrines, countries do not tend to adopt or reject them in tandem. Second, the degree to which each doctrine achieves widespread and …

Proceedings Of The Second International Humanitarian Law Dialogs, Sixtieth Anniversary Of The Genocide Convention: The Power Of A Word, Mark A. Drumbl

Scholarly Articles

Introductory lecture to the Second Annual International Humanitarian Law Dialogs.

The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) was adopted sixty years ago. The legacy of the Genocide Convention is inextricable from the legacy of Nuremberg and the legal work of the Nuremberg prosecutors, some of whom join us today. To this end, celebrating Nuremberg also means celebrating the Genocide Convention.

Dog Meat In Korea: A Socio-Legal Challenge, Rakhyun E. Kim

Animal Law Review

This article explores the dog meat debate in Korea from a socio-legal perspective. It first examines the legal status of dogs and dog meat, and the legal protection for dogs under the old and new legislative frameworks. It then discusses socio-legal challenges to banning dog meat in the Korean context, employing examples of both legal approaches taken by other countries and the politics of dog meat in Korea, specifically. The article argues that the controversy over dog meat must be reframed and dog meat be socially redefined in order to protect dogs, which are currently caught in the conflict over …

Climate Change, Intergenerational Equity, And International Law, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

Climate change is an inherently intergenerational problem with extremely serious implications for equity between ourselves and future generations and among communities in the present and the future. More than twenty years ago I wrote an article entitled Climate Change, Intergenerational Equity and International Law. The basic issues and the analysis remain the same, though a number of international agreements relevant to climate change have been concluded since then.

Treaties As Law Of The Land: The Supremacy Clause And The Judicial Enforcement Of Treaties, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

Courts in recent years have perceived threshold obstacles to the enforcement of treaties deriving from their nature as contracts between nations that generally depend for their efficacy on the interest and honor of the parties, rather than on domestic adjudication. This approach to treaty enforcement is in tension with the Constitution’s declaration that treaties are part of the law of the land and its instruction to judges to give them effect. The Founders understood that treaties depended on interest and honor on the international plane, but they made treaties enforceable in our courts anyway in order to avoid the international …

Protecting Foreign Victims Of Domestic Violence: An Analysis Of Asylum Regulations, 12 N.Y.U. J. Legis. & Pub. Pol'y 115 (2008), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

No abstract provided.

True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies

Law Faculty Scholarship

Ideological agendas distort the deliberation required for sound legal advice about national security. Elite government lawyers after September 11 advanced a theory at the expense of context, labeling legal constraints as "lawfare" against American interests. The lawfare critics failed to recognize that legal constraints can empower decision makers by reinforcing reputational and other long-term values. They also failed their history test, ignoring the lessons of presidents from Jefferson to Kennedy who rejected a rigid adherence to ideology in the national security realm. By discounting context, the construction of the lawfare paradigm produced dire results, including the torture memos drafted by …

The Power Of Interpretation: Religious Scholars Elevate The Status Of Female Guardians In Jewish Law, Yehiel S. Kaplan

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Texas Defies President Bush, International Law By Executing Mexican National , Clay Rehrig

Public Interest Law Reporter

No abstract provided.

Indigenous Sovereignty: A Reassessment In Light Of The Un Declaration On The Rights Of Indigenous Peoples, Siegfried Wiessner

Vanderbilt Journal of Transnational Law

This Article explores the concept of "indigenous sovereignty" against the backdrop of the resurgence of indigenous peoples as actors in international and domestic law and policy. The Author starts with the traditional Western notion of sovereignty and its dynamization via the principle of self-determination, cabined by the exclusionary concepts of "terra nullius" and "uti possidetis." The next Part delineates the global indigenous renascence occurring since the 1970s and the resulting state practice that has led to treaties and to the development of customary international law in the field. The Article proceeds to analyze the scope and legal effect of the …

The Un-Exceptionalism Of U.S. Exceptionalism, Sabrina Safrin

Vanderbilt Journal of Transnational Law

This Article challenges the prevailing view that the United States acts exceptionally by examining the insufficiently considered legal exceptionalism of other countries. It puts U.S. exceptionalism in perspective by identifying European exceptionalism as well as noting developing country exceptionalism, pointing to the exceptional rules sought by the European Union and by developing countries in numerous international agreements and institutions. It argues that most nations seek different international rules for themselves when they perceive themselves to have an exceptional need. Indeed, in cases of exceptional need, numerous countries believe themselves entitled to exceptional legal accommodation and may even perceive other countries' …

Book Review, Susan Nevelow Mart

Publications

No abstract provided.