International Law Commons^™

Gender Dimorphism In The United States Legal System: A "Post-Feminist" And Comparative Critique, Jim Wilets

ILSA Journal of International & Comparative Law

In the last three decades, there has been extensive jurisprudential literature positing that the structure, values, and processes of the American legal and educational system, focusing heavily on adversarial battle among parties in court, and competition in law school, are fundamentally "male- centered.

Law In Isolation: The Legal History Of Pitcairn Island, 1900-2010, Michael O. Eshleman

ILSA Journal of International & Comparative Law

"Mis-ter Chris-tian!" is a bark echoing through the decades, a byword for insubordination, thanks to Charles Laughton's signature-and quite fanciful-performance as Captain William Bligh, R.N., commander of the Royal Navy's Bounty

Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin

Faculty Scholarship

Since 2001 the European Court of Human Rights has decided a series of cases involving Islam and the claims of Muslim communities (both majorities and minorities) to freedom of religion and belief. This Article suggests that what is most interesting about these cases is how they are unsettling existing normative legal categories under the ECHR and catalyzing new forms of politics and rethinking of both the historical and theoretical premises of modern liberal political orders. These controversies raise anew two critical questions for ECHR jurisprudence: first, regarding the proper scope of the right to religious freedom; and second, regarding the …

A Return To Lüth, Peter E. Quint

Faculty Scholarship

In the following brief essay, which is based on a paper delivered at the 2009 Annual Meeting of Americal Society of Comparative Law, the author revisits the Lüth case, one of the central decisions of German constitutional law.

In Pursuit Of Gradual Stabilization And Peace Dividends: Cross-Taiwan Strait Relations And Their Influence On The Asia Pacific, Kwei-Bo Huang

Maryland Series in Contemporary Asian Studies

No abstract provided.

Institutional Design And Development In The Roc (Taiwan): A Critical Review Of The Thoughts Of Sun Yat-Sen And The Global Development Of The Ombudsman System, Yeong-Kuang Ger

Maryland Series in Contemporary Asian Studies

No abstract provided.

Combating Acid Violence In Bangladesh, India, And Cambodia, Sital Kalantry, Jocelyn Getgen Kestenbaum

Avon Global Center for Women and Justice and Dorothea S. Clarke Program in Feminist Jurisprudence

This Report is the first comprehensive, comparative study of acid violence that examines the underlying causes, its consequences, and the multiple barriers to justice for its victims. Acid attacks, like other forms of violence against women, are not random or natural phenomena. Rather, they are social phenomena deeply embedded in a gender order that has historically privileged patriarchal control over women and justified the use of violence to “keep women in their places.”

Through an in-depth study of three countries, the authors of the Report argue that the due diligence standard can be a powerful tool for state and non-state …

A Realist Defense Of The Alien Tort Statute, Robert Knowles

Law Faculty Publications

This Article offers a new justification for modern litigation under the Alien Tort Statute (ATS), a provision from the 1789 Judiciary Act that permits victims of human rights violations anywhere in the world to sue tortfeasors in U.S. courts. The ATS, moribund for nearly 200 years, has recently emerged as an important but controversial tool for the enforcement of human rights norms. “Realist” critics contend that ATS litigation exasperates U.S. allies and rivals, weakens efforts to combat terrorism, and threatens U.S. sovereignty by importing into our jurisprudence undemocratic international law norms. Defenders of the statute, largely because they do not …

Tribute By Professor David Bogen, David S. Bogen

In Memoriam, Professor Hungdah Chiu (1936-2011)

No abstract provided.

Tribute In Memory Of Dr. Hungdah Chiu, Ying-Jeou Ma

In Memoriam, Professor Hungdah Chiu (1936-2011)

No abstract provided.

Euology, Su Chi

In Memoriam, Professor Hungdah Chiu (1936-2011)

No abstract provided.

The Status Of International And Regional Conventions Relating To Ship Source Marine Pollution In States In The Baltic Region, Proshanto K. Mukherjee, Abhinayan Basu Bal

Baltic Master II

The Baltic Sea region consists of nine countries, Estonia, Latvia, Lithuania, Sweden, Denmark, Finland, Germany, Poland, and the Russian Federation all of which except Russia are European Union (EU) members. This report presents a study of the current status of implementing international and regional conventions for ship-source marine pollution in the Baltic Sea region.

The Deep Seabed: The Laws Of Nature And Nature’S Manganese Nodules, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Nuremberg And The Crime Of Abortion, Jeffrey C. Tuomala

Faculty Publications and Presentations

The crime of abortion played prominently in two international trials held at Nuremberg following World War II—the Goering and Greifelt cases. Allied prosecutors made the case that voluntary and involuntary abortion were war crimes and crimes against humanity. The Goering Judgment identified policies promoting abortion as activities marking the Political Leadership Corps of the Nazi Party as a Criminal Organization. The Greifelt Indictment charged ten defendants with voluntary and involuntary abortion. A focus of the prosecution’s case was the removal of the protection of law from unborn children in occupied Poland and racially non-valuable unborn children of Eastern workers in …

Plurality Of Political Opinion And The Concentration Of The Media, Maurice Stucke

Book Chapters

No abstract provided.

Ballast Water Management Convention, 2004: Towards Combating Unintentional Transfer Of Harmful Aquatic Organisms And Pathogens, Sabitiyu Abosede Lawal

LLM Theses

The introduction of harmful aquatic organisms and pathogens transferred through ships' ballast water and sediments from one coastal region to another has ecological, economic, environmental, and human impacts. The international community, through numerous binding and non-binding instruments, also sought to combat this problem. Ultimately, the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 was adopted by the International Maritime Organization as the dedicated legal regime intended to prevent, control and ultimately eradicate the introduction and spread of harmful aquatic organisms and pathogens through ships' ballast water and sediments. By its Regulations, the Convention sets …

Are People Self-Interested? The Implications Of Behavioral Economics On Competition Policy, Maurice Stucke

Book Chapters

No abstract provided.

Disparate Notions Of Fairness: Comparative Insider Trading Regulation In An Evolving Global Landscape, Joan Macleod Heminway

Book Chapters

No abstract provided.

The Wider Context: The Future Of Capital Markets Regulation In Developed Markets, Cally Jordan

Faculty Papers & Publications

At a time of such great turbulence, looking to the future directions of capital markets and their regulation in developed economies is a particularly risky business. We are in the midst of a great sea change. Nevertheless, there are several current, and readily observable, phenomena which are likely to shape capital markets regulation in the near future. First of all, the blurring of the distinctions between developed and developing markets themselves, as well as that between domestic and international markets, has put into question the adequacy of existing regulatory frameworks. Also, the transatlantic dialogue, London – New York, has given …

Behrami V. France: An Unfortunate Step Backwards In The Protection Of Human Rights, Sadia R. Sorathia

Maryland Journal of International Law

No abstract provided.

The Origins Of Authorisation: Article Vi Of The Outer Space Treaty And International Space Law, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

First three paragraphs:

The issue of authorisation of private space activities, the key theme of the present book, ultimately goes back to the principled political disagreements in the 50s and 60s between the two (then) superpowers in space, the United States and the Soviet Union, on the proper role of other entities than states in space activities. The Soviet Union, true to its communist ideology, was squarely against any private activities in most economically-relevant areas of society, but certainly so in an area of such strategic concern as outer space. l By contrast, the United States throughout its existence has …

The Regulatory Turn In International Law, Jacob Katz Cogan

Faculty Articles and Other Publications

In the post-War era, international law became a talisman for the protection of individuals from governmental abuse. Such was the success of this "humanization of international law" that by the 1990s human rights had become "part of... international political and legal culture." This Article argues that there has been an unnoticed contemporary counter trend -- the "regulatory turn in international law." Within the past two decades, states and international organizations have at an unprecedented rate entered into agreements, passed resolutions, enacted laws, and created institutions and networks, formal and informal, that impose and enforce direct and indirect international duties upon …

Rule Of Law For Whom? Strengthening Rule Of Law As A Solution To Sexual Violence In The Democratic Republic Of Congo, Ryan S. Lincoln

Articles

This article suggests that programs designed to strengthen the rule of law in general are unlikely to be effective against the widespread problem of sexual violence in the Democratic Republic of the Congo. I argue that while weak rule of law perpetuates sexual violence, only rule of law programs designed specifically with respect to the needs, risks, and cultural norms pertaining to Congolese women can help curb this problem. The article begins with a brief history of conflict in the Great Lakes region of Africa to provide context for a discussion of the scope of sexual violence in the eastern …

The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato

Faculty Working Papers

In this essay we shall be concerned with the real world relevance of theories of international law; that is, with the question of the theories themselves as a factor in international decision-making. To do this it is first necessary to review briefly the substance of the jurisprudential debate among legal scholars, then to view some basic jurisprudential ideas as factors in international views of "law," and finally to reach the question of the operative difference a study of these theories might make in world politics.

New Approaches To Customary International Law, Anthony D'Amato

Faculty Working Papers

Reviews Eric A. Posner, The Perils of Global Legalism; Andrew T. Guzman, How International Law Works; Brian A. Lepard, Customary International Law.

After a century of benign neglect, international theorizing has taken off. The three contributors to legal theory reviewed here can be placed along a linear spectrum with Posner at the extreme political science end, Lepard at the opposite international law end and Andrew Guzman holding up the middle.

Non-State Actors From The Perspective Of The Policy-Oriented School: Power, Law, Actors And The View From New Haven, Anthony A. D'Amato

Faculty Working Papers

Law needs Power for enforcement of its rules; Power utilizes Law for creating conditions of stability that enhance its salience. Yet when the New Haven school tries to include international law in its power-oriented view of international relations, it ends up with a misleading two-dimensional descriptivism.

Partisan Conflicts Over Presidential Authority, Jide Okechuku Nzelibe

Faculty Working Papers

A prevailing view in the legal and political science literature assumes that power holders seek to expand or contract their constitutional authority based on incentives that are intrinsic to the logic of the institutional offices they occupy. For instance, it is generally assumed that Presidents are empire builders who will almost always prefer maximum flexibility in shaping their policy objectives, whereas members of Congress may sometimes shirk their institutional prerogatives because of electoral incentives or collective action problems. A similar institutional logic underpins the view that federal courts will often seek to expand their interpretive authority in constitutional controversies at …

Re-Imagining The Wheel: Seeking A Feasible International Regime To Protect Indigenous Cultural Expressions Through Trademark Law, Jimmy Pak

Global Business & Development Law Journal

No abstract provided.

The Niger Delta And Human Rights Lawsuits: A Search For The Optimal Legal Regime, Micaela L. Neal

Global Business & Development Law Journal

No abstract provided.

The Human Right Of Sanitation For All: A Study Of India, Rebecca M. Coleman

Global Business & Development Law Journal

No abstract provided.