Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Human Rights Law (161)
- Comparative and Foreign Law (127)
- Social and Behavioral Sciences (100)
- International Humanitarian Law (92)
- Political Science (87)
-
- International Relations (84)
- Environmental Law (64)
- Criminal Law (63)
- Public Affairs, Public Policy and Public Administration (60)
- Military, War, and Peace (53)
- International Trade Law (41)
- Constitutional Law (31)
- Food and Drug Law (30)
- Administrative Law (29)
- Agriculture Law (29)
- International and Area Studies (26)
- Litigation (26)
- Natural Resources Law (26)
- Water Law (26)
- Indigenous, Indian, and Aboriginal Law (24)
- Peace and Conflict Studies (23)
- Law and Politics (22)
- Law of the Sea (22)
- Land Use Law (21)
- Social Policy (20)
- National Security Law (19)
- Civil Law (17)
- Transnational Law (17)
- Institution
-
- American University Washington College of Law (98)
- Case Western Reserve University School of Law (88)
- University of Denver (84)
- Fordham Law School (44)
- Maurer School of Law: Indiana University (36)
-
- Nova Southeastern University (28)
- Universitas Indonesia (28)
- University of Miami Law School (27)
- UC Law SF (24)
- University of the Pacific (24)
- University of New Mexico (21)
- Georgetown University Law Center (20)
- Penn State Dickinson Law (20)
- University of Michigan Law School (20)
- U.S. Naval War College (17)
- Loyola University Chicago, School of Law (16)
- Cornell University Law School (14)
- William & Mary Law School (14)
- Columbia Law School (13)
- Vanderbilt University Law School (13)
- Yeshiva University, Cardozo School of Law (13)
- University of Richmond (12)
- University of Georgia School of Law (11)
- University of South Carolina (11)
- Boston University School of Law (9)
- Duke Law (9)
- Washington and Lee University School of Law (8)
- Northwestern Pritzker School of Law (7)
- University of Maryland Francis King Carey School of Law (7)
- University of San Diego (7)
- Keyword
-
- Human rights (95)
- International law (49)
- International Law (46)
- United Nations (27)
- Slavery (19)
-
- Human Rights Law (17)
- Globalization (16)
- Treaties (16)
- Climate change (13)
- Terrorism (13)
- Contemporary slavery (12)
- Democracy (12)
- Humanitarian aid (11)
- Law (11)
- China (10)
- Entrepreneurship (10)
- International Criminal Court (10)
- International relations (10)
- Constitutional Law (9)
- Jurisdiction (9)
- Kyoto Protocol (9)
- Maritime Security (9)
- War on terror (9)
- Development (8)
- European Union (8)
- Human Rights (8)
- Humanitarian intervention (8)
- Law of Armed Conflict (8)
- National security (8)
- Operational Law (8)
- Publication
-
- Human Rights & Human Welfare (82)
- Canada-United States Law Journal (54)
- Faculty Scholarship (45)
- Fordham International Law Journal (44)
- Sustainable Development Law & Policy (34)
-
- Indonesian Journal of International Law (28)
- ILSA Journal of International & Comparative Law (27)
- Publications (25)
- Human Rights Brief (24)
- UC Law SF International Law Review (22)
- Global Business & Development Law Journal (20)
- Penn State International Law Review (1982 - 2011) (19)
- Faculty Publications (18)
- Indiana Journal of Global Legal Studies (17)
- International Law Studies (17)
- Scholarly Articles in Law Reviews & Journals (17)
- University of Miami Inter-American Law Review (17)
- War Crimes Memoranda (16)
- Articles by Maurer Faculty (14)
- Case Western Reserve Journal of International Law (14)
- Loyola University Chicago International Law Review (14)
- American University International Law Review (13)
- South Carolina Journal of International Law and Business (11)
- Articles (10)
- Scholarly Works (9)
- Cornell Law Faculty Publications (8)
- Scholarly Articles (8)
- University of Miami International and Comparative Law Review (8)
- Vanderbilt Journal of Transnational Law (8)
- William & Mary Law Review (8)
- Publication Type
- File Type
Articles 781 - 810 of 864
Full-Text Articles in International Law
Building Victim-Led Coalitions To Press For Justice Following Mass Atrocity, Diane Orentlicher
Building Victim-Led Coalitions To Press For Justice Following Mass Atrocity, Diane Orentlicher
Presentations
Remarks: Assurances of victim participation in proceedings before the International Criminal Court and Extraordinary Chambers in the Courts of Cambodia have been seen as a welcome corrective to the flawed model of earlier tribunals. The first such tribunal created since the postwar period, the International Criminal Tribunal for the former Yugoslavia (ICTY), was established by the UN Security Council in May 1993 without even consulting those who survived the atrocities that gave rise to its creation, the majority of which took place in Bosnia-Herzegovina.Nor were victims formally incorporated into the ICTY's work except for those who provided testimony and other …
Due Process For The Global Crime Era: A Proposal, Song Richardson
Due Process For The Global Crime Era: A Proposal, Song Richardson
Scholarly Articles in Law Reviews & Journals
This article argues that the adjudication of transnational criminal cases in the United States raises troubling questions about the government's commitment to principled criminal process standards. Concern over global crime has resulted in a criminal process that inadequately protects fairness and legitimacy norms. Over 40 years ago, in his seminal work on the domestic criminal process, Herbert Packer described two models of criminal procedure: the crime control model and the due process model. The crime control model posits that the most important function of the criminal justice system is to suppress crime. The due process model focuses on the fallibility …
'Emaciated' Defense Or A Trend To Independence And Equality Of Arms In Internationalized Criminal Tribunals?, Richard J. Wilson
'Emaciated' Defense Or A Trend To Independence And Equality Of Arms In Internationalized Criminal Tribunals?, Richard J. Wilson
Newsletters & Other Publications
This short article gives an overview of recent developments in recognition of the right to effective defense in international criminal proceedings, with particular attention to new structures. The systems for provision of defense lawyers are examined in a case study of the Charles Taylor trial by the Special Court for Sierra Leone, sitting in The Hague, as well as the Bosnian War Crimes Chamber and the Special Tribunal for Lebanon.
Evaluation Of Egypt's Conformity With Intellectual Property Standards In The U.S. Free Trade Agreements, Sherif Ibrahim
Evaluation Of Egypt's Conformity With Intellectual Property Standards In The U.S. Free Trade Agreements, Sherif Ibrahim
Archived Theses and Dissertations
No abstract provided.
Resolving The Dissonance Of Rodriguez And The Right To Education, Angela A. Holland
Resolving The Dissonance Of Rodriguez And The Right To Education, Angela A. Holland
Vanderbilt Journal of Transnational Law
Education exists as a fundamental right recognized by countries worldwide. Overwhelming support for the right to education is reflected in international human rights instruments, including the International Convention on Economic, Social, and Cultural Rights and the Convention on the Rights of the Child. Notwithstanding a near global consensus on this issue, the United States has refused to recognize a federal right to education since the 1973 Supreme Court decision San Antonio Independent School District v. Rodriguez. The ill-effects of Rodriguez linger today; glaring disparities continue to mar the educational prospects of women, minorities, and poor children in the United States. …
Retooling Law Enforcement To Investigate And Prosecute Entrenched Corruption: Key Criminal Procedure Reforms For Indonesia And Other Nations, Leslie Gielow Jacobs, Benjamin B. Wagner
Retooling Law Enforcement To Investigate And Prosecute Entrenched Corruption: Key Criminal Procedure Reforms For Indonesia And Other Nations, Leslie Gielow Jacobs, Benjamin B. Wagner
McGeorge School of Law Scholarly Articles
No abstract provided.
Beyond Wealth: Stories Of Art, War, And Greed, Mary Ellen O'Connell
Beyond Wealth: Stories Of Art, War, And Greed, Mary Ellen O'Connell
Journal Articles
The article tells three stories of great art and priceless antiquities: one about early Christian mosaics from Cyprus, another about five paintings by the Viennese master, Gustav Klimt, and the third about an ancient statute of a Sumerian king from Iraq. All three stories discuss the international law protecting cultural heritage in time of war and occupation. They all tell of individuals pursuing extraordinary profits from the sale of the objects despite the international law that, properly applied, should have protected them from damage and kept them all in places of public display.
The article also tells how in each …
The Current State Of Residential Segregation And Housing Discrimination: The United States' Obligations Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, Michael B. De Leeuw, Megan K. Whyte, Dale Ho, Catherine Meza, Alexis Karteron
The Current State Of Residential Segregation And Housing Discrimination: The United States' Obligations Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, Michael B. De Leeuw, Megan K. Whyte, Dale Ho, Catherine Meza, Alexis Karteron
Michigan Journal of Race and Law
The United States government accepted a number of obligations related to housing when it ratified the International Convention on the Elimination of All Forms of Racial Discrimination ("CERD"). For example, the United States government must ensure that all people enjoy the rights to housing and to own property, without distinction as to race; cease discriminatory actions, including those that are discriminatory in effect regardless of intent; and take affirmative steps to remedy past discrimination and eradicate segregation. This Article discusses the United States government's compliance with those obligations, as well as the importance of meaningful compliance in maintaining the United …
The International Trend Toward Requiring Good Cause For Tenant Eviction: Dangerous Portents For The United States?, Andrea B. Carroll
The International Trend Toward Requiring Good Cause For Tenant Eviction: Dangerous Portents For The United States?, Andrea B. Carroll
Journal Articles
This article is a first step in an effort to critically examine the invasion of a rather dangerous European property law trend into American law. The view of the right to safe, adequate, and affordable housing as a fundamental right held by all mankind is quickly growing, with more than nine countries now recognizing it. The problem is that the recognition of this fundamental right begs the question of how it is to be assured. The method of assurance chosen by most jurisdictions recognizing a right to housing is a scheme of good cause eviction. Under such a regime, a …
Neotrusteeship Or Mistrusteeship? The "Authority Creep" Dilemma In United Nations Transitional Administration, Christian E. Ford, Ben A. Oppenheim
Neotrusteeship Or Mistrusteeship? The "Authority Creep" Dilemma In United Nations Transitional Administration, Christian E. Ford, Ben A. Oppenheim
Vanderbilt Journal of Transnational Law
State failure poses one of the greatest threats to international peace and security. The collapse of governing institutions breeds civil wars, generates refugee flows, causes enormous civilian suffering, foments instability in neighboring countries, and provides safe havens for transnational criminal and terrorist organizations. As a result, commentators and policymakers have increasingly called for a remedy to the problem of state failure. One of the most compelling arguments is to draw on an old legal institution: international trusteeship by the United Nations (U.N.). This Article argues that while trusteeship may prove effective in managing state failure, it also carries risks. International …
The Nobel Effect: Nobel Peace Prize Laureates As International Norm Entrepreneurs, Roger P. Alford
The Nobel Effect: Nobel Peace Prize Laureates As International Norm Entrepreneurs, Roger P. Alford
Journal Articles
For the first time in scholarly literature, this article traces the history of modern international law from the perspective of the constructivist theory of international relations. Constructivism is one of the leadings schools of thought in international relations today. This theory posits that state preferences emerge from social construction and that state interests are evolving rather than fixed. Constructivism further argues that international norms have a life cycle composed of three stages: norm emergence, norm acceptance (or norm cascades), and norm internalization. As such, constructivism treats international law as a dynamic process in which norm entrepreneurs interact with state actors …
United States Opposition To The 1998 Rome Statute Establishing An International Criminal Court: Is The Court's Jurisdiction Truly Complementary To National Criminal Jurisdictions?, Jimmy Gurulé
Journal Articles
Although the United States supports the creation of a permanent International Criminal Court (ICC), it opposes such a court as set forth in the 1998 Rome Statute because it leaves open the potential for United States military personnel and government officials to be prosecuted for unintended loss of civilian life. Can the United States formulate a legal argument to support its view that inadvertent civilian casualties should not be considered a war crime within the jurisdiction of the ICC? The article argues that it can because the ICC’s jurisdiction under the Rome Statute is not complementary to national prosecutions held …
The "Tomimaru" (Japan V. Russian Federation). Judgment. Itlos Case No. 15. At . International Tribunal For The Law Of The Sea, August 6, 2007., Bernard H. Oxman
The "Tomimaru" (Japan V. Russian Federation). Judgment. Itlos Case No. 15. At . International Tribunal For The Law Of The Sea, August 6, 2007., Bernard H. Oxman
Articles
No abstract provided.
The Scope Of Executive Power In The Twenty-First Century: An Introduction, Robert D. Sloane
The Scope Of Executive Power In The Twenty-First Century: An Introduction, Robert D. Sloane
Faculty Scholarship
This is a revised version of introductory remarks to a panel entitled The Scope of Executive Power held on October 12, 2007, at Boston University Law School's symposium, The Role of the President in the 21st Century. It focuses on an argument advanced by Charlie Savage, among others: that the Bush administration has forged a breathtakingly robust view of the scope of executive power by combining (1) the original Unitary Executive thesis, which insists on the "exclusivity" of certain plenary presidential powers; with (2) a new Unitary Executive thesis, which insists on a vastly expanded vision of the "scope" of …
Culture, Sovereignty, And Hollywood: Unesco And The Future Of Trade In Cultural Products, Christopher M. Bruner
Culture, Sovereignty, And Hollywood: Unesco And The Future Of Trade In Cultural Products, Christopher M. Bruner
Scholarly Works
On October 20, 2005, the General Conference of the United Nations Educational, Scientific and CulturalOrganization (UNESCO) adopted a treaty - by a vote of 148-2, with 4 abstentions - that legitimates domestic legal measures aimed at the protection of local producers of cultural activities, goods and services. Opposed by the United States and Israel, the Convention represents a major diplomatic victory for Canada and France - its principal proponents - and a major blow to Hollywood and the United States, audiovisual products being among America's most lucrative exports. Both Canada and France, like many countries around the world, have long …
Unilateral Home State Regulation: Imperialism Or Tool For Subaltern Resistance?, Sara Seck
Unilateral Home State Regulation: Imperialism Or Tool For Subaltern Resistance?, Sara Seck
Articles, Book Chapters, & Popular Press
Home state reluctance to engage in the regulation of international corporate activities in the human rights context is sometimes expressed as a concern that it would constitute an imperialistic infringement of host state sovereignty. This concern may be explicit, or it may be implicit in an expressed desire to avoid conflict with the sovereignty of foreign states. Yet, in the absence of a multilateral treaty directly addressing business and human rights, a role for home states in regulating so as to prevent and remedy human rights harms is increasingly being suggested. The purpose of this paper is to explore theoretical …
Unilateral Home State Regulation: Imperialism Or Tool For Subaltern Resistance?, Sara L. Seck
Unilateral Home State Regulation: Imperialism Or Tool For Subaltern Resistance?, Sara L. Seck
Articles, Book Chapters, & Popular Press
Home state reluctance to engage in the regulation of international corporate activities in the human rights context is sometimes expressed as a concern that it would constitute an imperialistic infringement of host state sovereignty. This concern may be explicit, or it may be implicit in an expressed desire to avoid conflict with the sovereignty of foreign states. Yet, in the absence of a multilateral treaty directly addressing business and human rights, a role for home states in regulating so as to prevent and remedy human rights harms is increasingly being suggested. The purpose of this paper is to explore theoretical …
Home State Responsibility And Local Communities: The Case Of Global Mining, Sara L. Seck
Home State Responsibility And Local Communities: The Case Of Global Mining, Sara L. Seck
Articles, Book Chapters, & Popular Press
Home states that are actively engaged in global mining have considered and rejected calls to regulate the conduct of transnational mining corporations so as to prevent and remedy human rights and environmental harms. This reluctance to regulate is often expressed as a concern that extraterritorial regulation will conflict with the sovereignty of foreign states. This paper argues that the public international law of jurisdiction is permissive of home state regulation that can be justified under the nationality or territoriality principles, provided that there is no true conflict with an exercise of host state jurisdiction. In the human rights and environment …
The Wto And The Anti-Corruption Movement, Padideh Ala'i
The Wto And The Anti-Corruption Movement, Padideh Ala'i
Scholarly Articles in Law Reviews & Journals
This article explores the role of the World Trade Organization (WTO) in promoting good governance while placing WTO within the larger framework of the ongoing global anti-corruption movement. Governmental policies aimed at fighting corruption are part of the good governance criteria set forth by the World Bank and other donor agencies. An important element of good governance is transparency, which has also been one of the pillars of the multilateral trading system. This article argues that from the perspective of the post-Cold War anti-corruption movement, the WTO is an important institution because it provides a comparatively successful forum for the …
Bosnia V. Serbia: Lessons From The Encounter Of The International Court Of Justice With The International Criminal Tribunal For The Former Yugoslavia, Rebecca Hamilton, Richard J. Goldstone
Bosnia V. Serbia: Lessons From The Encounter Of The International Court Of Justice With The International Criminal Tribunal For The Former Yugoslavia, Rebecca Hamilton, Richard J. Goldstone
Scholarly Articles in Law Reviews & Journals
This article uses the recent judgment of the ICJ in Bosnia v. Serbia to highlight the potential problems that arise when international courts have to adjudicate on overlapping situations. It describes the dispute between the ICJ and the ICTY on the appropriate legal standard for the attribution of state responsibility, and finds that the ICJ’s approach in this case suggests that those keen to minimize the fragmentation of international law between adjudicative bodies should not overlook the need for consistency within those bodies.With regard to fact finding, this article raises serious concerns about the manner in which the ICJ relied …
Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto
The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: Several provisions in the Rome Statute of the International Criminal Court (ICC or the Court) indicate that the statute's drafters intended sexual violence and gender-based crimes to be given specific attention during the investigation of potential cases before the Court. For instance, Article 54(1)(b) requires that, in ensuring the "effective investigation and prosecution of crimes within the jurisdiction of the Court," the Prosecutor "take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children."' The Rome Statute also provides that States Parties, which are responsible for nominating and electing …
Louis B. Sohn And The Law Of The Sea, John E. Noyes
Louis B. Sohn And The Law Of The Sea, John E. Noyes
Faculty Scholarship
Louis B. Sohn significantly influenced the modern law of the sea, as he did other areas of international law. Though a positivist immersed in the human history and process of developing the law, Louis was also a visionary who saw international law as a noble endeavor that could improve or even transform the world. Part I of this essay describes Louis's various roles and character. Part II briefly sets out his vision and his sense of the interconnectedness between the law of the sea and other areas of international law. Part III analyzes how Louis saw the international lawmaking process, …
The Assumptions Behind The Assumptions In The War On Terror: Risk Assessment As An Example Of Foundational Disagreement In Counterterrorism Policy, Kenneth Anderson
The Assumptions Behind The Assumptions In The War On Terror: Risk Assessment As An Example Of Foundational Disagreement In Counterterrorism Policy, Kenneth Anderson
Scholarly Articles in Law Reviews & Journals
This 2007 article (based around an invited conference talk at Wayne State in early 2007) addresses risk assessment and cost benefit analysis as mechanisms in counterterrorism policy. It argues that although policy is often best pursued by agreeing to set aside deep foundational differences, in order to obtain a strategic plan for an activity such as counterterrorism, foundational differences must be addressed in order that policy not merely devolve into a policy minimalism that is always and damagingly tactical, never strategic, in order to avoid domestic democratic political conflict. The article takes risk assessment in counterterrorism, using cost benefit analysis, …
Civil Society Networks And The Development Of Environmental Standards At International Financial Institutions, David Hunter
Civil Society Networks And The Development Of Environmental Standards At International Financial Institutions, David Hunter
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Preventing, Implementing And Enforcing International Humanitarian Law, Juan E. Mendez
Preventing, Implementing And Enforcing International Humanitarian Law, Juan E. Mendez
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Symposium 2008: The United Nations Genocide Convention: A 60th Anniversary Commemoration: Keynote Address, Juan E. Mendez
Symposium 2008: The United Nations Genocide Convention: A 60th Anniversary Commemoration: Keynote Address, Juan E. Mendez
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Transatlanticisms: Constitutional Asymmetry And Selective Reception Of U.S. Law And Economics In The Formation Of European Private Law, Fernanda Nicola
Transatlanticisms: Constitutional Asymmetry And Selective Reception Of U.S. Law And Economics In The Formation Of European Private Law, Fernanda Nicola
Scholarly Articles in Law Reviews & Journals
The recurrent claim made by judges, scholars, and lawyers shaping the debate on European private law is that there is a constitutional asymmetry in the European Union (EU). The asymmetry lies in the fact that European Community competences mostly encompass market and economic matters at the expense of social issues, while Member States have full jurisdiction over social matters but only limited jurisdiction over economic matters. Thus, the European constitutional structure leads to a market/technocratic orientation in its supranational institutions, as opposed to the social/political orientation of Member State governments. The pervasiveness of this claim allows jurists critiquing European adjudication …