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Articles 751 - 780 of 946
Full-Text Articles in International Law
Seizing The Grotian Moment: Accelerated Formation Of Customary International Law During Times Of Fundamental Change, Michael P. Scharf
Seizing The Grotian Moment: Accelerated Formation Of Customary International Law During Times Of Fundamental Change, Michael P. Scharf
Faculty Publications
Growing out of the author’s experience as Special Assistant to the International Prosecutor of the Cambodia Genocide Tribunal in 28, this article examines the concept of “Grotian moment,” a term the author uses to denote a paradigm-shifting development in which new rules and doctrines of customary international law emerge with unusual rapidity and acceptance. The article makes the case that the paradigm-shifting nature of the Nuremberg precedent, and the universal and unqualified endorsement of the Nuremberg Principles by the U.N. General Assembly in 1946, resulted in accelerated formation of customary international law, including the mode of international criminal responsibility now …
The Challenge Of Interpreting 'Wto-Plus' Provisions, Julia Ya Qin
The Challenge Of Interpreting 'Wto-Plus' Provisions, Julia Ya Qin
Law Faculty Research Publications
This paper seeks to address special interpretive issues raised by the China Accession Protocol, focusing on provisions that prescribe more stringent rules for China than generally applicable WTO disciplines. These ‘WTO-plus’ provisions have already been involved in several WTO disputes. In the light of these disputes, the paper analyzes the interpretive challenge presented by the Protocol and suggests that, to meet the challenge, WTO adjudicators need to embrace a more holistic and systemic interpretive approach. The paper then proposes three working principles that may help to interpret the WTO-plus provisions of the Protocol in a coherent and systematic manner.
"Lawfare" In The War On Terrorism: A Reclamation Project, Melissa A. Waters
"Lawfare" In The War On Terrorism: A Reclamation Project, Melissa A. Waters
Case Western Reserve Journal of International Law
No abstract provided.
The Internationalization Of Securities Regulation: The United States Government's Role In Regulating The Global Capital Markets, Eric. C. Chaffee
The Internationalization Of Securities Regulation: The United States Government's Role In Regulating The Global Capital Markets, Eric. C. Chaffee
Journal of Business & Technology Law
No abstract provided.
Why Should International Law Be Concerned About State Failure?, Chiara Giorgetti
Why Should International Law Be Concerned About State Failure?, Chiara Giorgetti
Law Faculty Publications
In the last fifty years, the international community has undergone a transformation, as social, economic, and political dynamics have been altered. In fact, the international power structure has shifted towards a more complex structure, economies have been largely liberalized, new powerful international actors have emerged, and security threats have altered significantly. These transformations impacted all nation States. Indeed, a new standard of governance emerged that resulted in increased responsibility to each State's nationals. Similarly, States have become increasingly interindependent and have additional (both in numbers and substance) obligations towards each other and the international community in general. Certain States, however, …
Forward, Daniel T. Murphy
Forward, Daniel T. Murphy
Law Faculty Publications
Introduction to Symposium issue, "A Collision of Authority: The U.S. Constitution and Universal Jurisdiction."
Empirical Modalities: Lessons For The Future Of International Investment, Susan Franck
Empirical Modalities: Lessons For The Future Of International Investment, Susan Franck
Scholarly Articles in Law Reviews & Journals
Empirical approaches add value to international investment law and aid in its evolution. Nevertheless, we must "fit the forum to the fuss." When transforming international law, we select proper methodologies for specific research questions and make international law empiricism part of a larger post-structuralist, pluralist legal dialogue. In connection with that, my remarks first place empirical research on international investment in a historical context. I then discuss where the research is today and offer an example of how empirical methods can be used to understand, reassess, and possibly transform international investment law and related institutions. Finally, I consider the future …
Korea's Patent Policy And Its Impact On Economic Development: A Model For Emerging Countries?, Jay Erstling
Korea's Patent Policy And Its Impact On Economic Development: A Model For Emerging Countries?, Jay Erstling
Faculty Scholarship
The purpose of this paper will be to examine Korean patent policy as exemplified by its patent legislation and the activities of Korean Intellectual Property Office (KIPO). Part II will take a brief look at the rationale underpinning Korea's confidence in the power of the patent system to stimulate economic growth. Part III of the paper will look at the Korean Patent Act as an example of strong, comprehensive patent legislation that fully complies with international standards and responds well to the perceived needs of patent applicants. In order to provide a basis of comparison, reference will be made wherever …
A Behavioral Approach To Human Rights, Andrew K. Woods
A Behavioral Approach To Human Rights, Andrew K. Woods
Law Faculty Scholarly Articles
For the last sixty years, scholars and practitioners of international human rights have paid insufficient attention to the ground level social contexts in which human rights norms are imbued with or deprived of social meaning. During the same time period, social science insights have shown that social conditions can have a significant impact on human behavior. This Article is the first to investigate the far-ranging implications of behavioralism—especially behavioral insights about social influence—for the international human rights regime. It explores design implications for three broad components of the regime: the content, adjudication, and implementation of human rights. In addition, the …
Cubing The Kyoto Protocol: Post-Copenhagen Regulatory Reforms To Reset The Global Thermostat, Steven Ferrey
Cubing The Kyoto Protocol: Post-Copenhagen Regulatory Reforms To Reset The Global Thermostat, Steven Ferrey
Suffolk University Law School Faculty Works
The Copenhagen Conference of the Parties (COP-15), which took place in December 2009, was intended to set in stone an ambitious global climate change agreement for the post-2012 period, when the Kyoto Protocol expires. It did not succeed, resulting only in a 13-paragraph “political accord” which was not agreed to, but only “noted” because of lack of consensus. The COP-16 in December 2010 in Cancun, Mexico, met a similar, if less contentious, inconclusive end. Every fundamental issue was left unresolved at both disappointing critical Conferences. Left unreformed as an international legal regulatory mechanism, the Kyoto Protocol has no chance of …
Asia's Participation In Global Health Diplomacy And Global Health Governance, David P. Fidler
Asia's Participation In Global Health Diplomacy And Global Health Governance, David P. Fidler
Articles by Maurer Faculty
This article provides a framework for thinking about Asian approaches to and impact on global health diplomacy and governance that might contribute to more sophisticated analyses on Asia in global health politics, diplomacy, and governance. First, the article examines the "rise of Asia" and "rise of health" as overlapping but unconnected developments in international relations. Second, it analyzes how the shift of power and influence towards Asia, largely caused by China's and India's emergence as great powers; affects global health politics and potential Asian contributions to global health diplomacy and governance in the future. Third, the article looks at normative …
Kenya’S Piracy Prosecutions, James T. Gathii
Kenya’S Piracy Prosecutions, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
The Under-Appreciated Jurisprudence Of African Regional Trade Judiciaries, James T. Gathii
The Under-Appreciated Jurisprudence Of African Regional Trade Judiciaries, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
African Regional Trade Agreements As Flexible Legal Regimes, James T. Gathii
African Regional Trade Agreements As Flexible Legal Regimes, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
The Use Of Force, Freedom Of Commerce, And Double Standards In Prosecuting Pirates In Kenya, James T. Gathii
The Use Of Force, Freedom Of Commerce, And Double Standards In Prosecuting Pirates In Kenya, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
The Financial Action Task Force And Global Administrative Law, James T. Gathii
The Financial Action Task Force And Global Administrative Law, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
Introduction: Gats And Human Rights, James T. Gathii
Introduction: Gats And Human Rights, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
An Escape Route From The Medellin Maze, Anthony S. Winer
An Escape Route From The Medellin Maze, Anthony S. Winer
Faculty Scholarship
Many in the United States who follow international law have tracked the course of the Supreme Court's 2008 Medellin case' especially closely, both before and after the Court's issuance of the decision. The case concerned the Vienna Convention on Consular Relations (the "Vienna Convention, "Convention" or "VCCR"), which imposes certain obligations on the authorities of a State Party when they imprison a national of another State Party. Among these duties is the obligation to inform the foreign prisoner that the Convention affords the prisoner the right to communicate, while in prison, with consular officials from the prisoner's home country. Authorities …
The Goals And Objectives Of Law Schools Beyond Educating Students: Research, Capacity Building, Community Service-The National University Of Singapore School Of Law Experience, Cheng-Han Tan
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Executive And The Courts, Richard Clayton
The Executive And The Courts, Richard Clayton
Penn State International Law Review (1982 - 2011)
No abstract provided.
Methodological Challenges In Comparative Constitutional Law, Vicki Jackson
Methodological Challenges In Comparative Constitutional Law, Vicki Jackson
Penn State International Law Review (1982 - 2011)
No abstract provided.
Introduction To The Ials Conference On Comparative Constitutional Law, Louis Del Duca, Patrick Del Duca, Gianluca Gentili
Introduction To The Ials Conference On Comparative Constitutional Law, Louis Del Duca, Patrick Del Duca, Gianluca Gentili
Penn State International Law Review (1982 - 2011)
No abstract provided.
Foreword: Lawfare!, Michael P. Scharf, Shannon Pagano
Foreword: Lawfare!, Michael P. Scharf, Shannon Pagano
Faculty Publications
Forward to the Case Western Reserve Journal of International Law's symposium "Lawfare!" 2012, Cleveland, OH.
Is The Attorney-Client Privilege Under Attack?, Nancy B. Rapoport, Jennifer Gross
Is The Attorney-Client Privilege Under Attack?, Nancy B. Rapoport, Jennifer Gross
Scholarly Works
This short article discusses the Textron case and attorney-client privilege in foreign jurisdictions.
Reimagining Human Rights Law: Toward Global Regulation Of Transnational Corporations, Rachel J. Anderson
Reimagining Human Rights Law: Toward Global Regulation Of Transnational Corporations, Rachel J. Anderson
Scholarly Works
This article takes a new look at a perennial question of human rights: how to prevent corporate-related human rights abuses and provide remedies for victims. It argues that transnational corporations require specialized and targeted regulations and laws, and that the conflation of human rights law and international human rights law should be reversed to allow the advancement of other forms of human rights law. It makes two proposals. First, reimagine human rights law and international human rights law as separate categories. Specifically, classify international human rights law as a sub-category of human rights law. This distinction highlights the need to …
Promoting Distributional Equality For Women: Some Thoughts On Gender And Global Corporate Citizenship In Foreign Direct Investment, Rachel J. Anderson
Promoting Distributional Equality For Women: Some Thoughts On Gender And Global Corporate Citizenship In Foreign Direct Investment, Rachel J. Anderson
Scholarly Works
This essay applies a legal theory of global corporate citizenship to the question of women’s distributional equality in foreign direct investment. It proposes ways that a legal theory of mandatory global corporate citizenship can expand the ways we think about regulating transnational corporations and promoting gender equality.
Piigs, Itraxx Soyx, Neoliberalism, And Unshackled Finance Capital, Tayyab Mahmud
Piigs, Itraxx Soyx, Neoliberalism, And Unshackled Finance Capital, Tayyab Mahmud
Faculty Articles
No abstract provided.
No Shortcuts On Human Rights: Bail And The International Criminal Trial, Caroline L. Davidson
No Shortcuts On Human Rights: Bail And The International Criminal Trial, Caroline L. Davidson
American University Law Review
No abstract provided.
Making European Tort Law: The Game And Its Players, Marta Infantino
Making European Tort Law: The Game And Its Players, Marta Infantino
Cardozo Journal of International and Comparative Law
In the last several decades, building a common European tort law has become a primary goal for many European institutions and research groups. On the one hand, EU institutions frequently highlight the need to simplify the current diversity in European tort law, and try to achieve this goal by injecting-so far quite incoherent-pieces of legislation into the European legal framework. On the other hand, many research groups aim to enhance the Europanization process through means that are much differentiated one to the other. Some of these groups (e.g., the European Group on Tort Law and the Study Group on a …
The Unconscionable Health Gap: A Global Plan For Justice, Lawrence O. Gostin
The Unconscionable Health Gap: A Global Plan For Justice, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
International norms recognize the special value of health. The WHO Constitution states that “the enjoyment of the highest attainable standard of health” is a fundamental human right. The right to health, moreover, is a treaty obligation with clear obligations. Despite robust international norms, unconscionable health disparities exist between the world’s rich and poor, causing enormous suffering. The WHO urges “closing the health gap in a generation” through action on the social determinants of health. As the Marmot Commission observed: “the social conditions in which people are born, live, and work are the single most important determinant of good or ill …