Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Human Rights Law (162)
- Comparative and Foreign Law (126)
- Social and Behavioral Sciences (102)
- International Trade Law (89)
- Dispute Resolution and Arbitration (86)
-
- International Humanitarian Law (67)
- Public Affairs, Public Policy and Public Administration (67)
- Military, War, and Peace (63)
- Criminal Law (62)
- Transnational Law (59)
- Environmental Law (58)
- Political Science (58)
- International Relations (41)
- International and Area Studies (36)
- Courts (35)
- Intellectual Property Law (34)
- Law and Economics (33)
- Law and Society (31)
- Litigation (30)
- Law and Politics (29)
- Science and Technology Law (29)
- Other Law (28)
- Commercial Law (27)
- National Security Law (27)
- Rule of Law (27)
- Family Law (26)
- Jurisdiction (26)
- Water Law (26)
- Institution
-
- Case Western Reserve University School of Law (86)
- Pepperdine University (77)
- American University Washington College of Law (67)
- Maurer School of Law: Indiana University (40)
- University of Maryland Francis King Carey School of Law (28)
-
- Nova Southeastern University (27)
- Georgetown University Law Center (25)
- University of Denver (25)
- University of Colorado Law School (24)
- University of the Pacific (23)
- Columbia Law School (22)
- Penn State Dickinson Law (21)
- U.S. Naval War College (21)
- University of Baltimore Law (21)
- Pace University (19)
- Northwestern Pritzker School of Law (18)
- UC Law SF (18)
- University of Michigan Law School (16)
- William & Mary Law School (16)
- Yeshiva University, Cardozo School of Law (16)
- Loyola University Chicago, School of Law (15)
- Notre Dame Law School (14)
- Florida A&M University College of Law (12)
- University of Georgia School of Law (12)
- Vanderbilt University Law School (12)
- University of San Diego (11)
- Cleveland State University (10)
- Duke Law (10)
- Schulich School of Law, Dalhousie University (10)
- University of Miami Law School (10)
- Keyword
-
- International law (84)
- Human rights (67)
- International Law (31)
- United Nations (30)
- United States (27)
-
- International (22)
- Law of Armed Conflict (21)
- Treaties (21)
- Arbitration (19)
- Law (19)
- China (18)
- European Union (18)
- Operational Law (17)
- International commercial arbitration (15)
- Dispute resolution (13)
- International Criminal Court (13)
- Human Rights (12)
- Jurisdiction (12)
- Sovereignty (12)
- Use of Force (12)
- Responsibility to protect (11)
- Same-sex marriage (11)
- Women (11)
- Alternative dispute resolution (10)
- Children (10)
- Crimes against humanity (10)
- Customary international law (10)
- Enforcement (10)
- Globalization (10)
- India (10)
- Publication
-
- Faculty Scholarship (54)
- Case Western Reserve Journal of International Law (53)
- Pepperdine Dispute Resolution Law Journal (41)
- Pepperdine Law Review (33)
- ILSA Journal of International & Comparative Law (27)
-
- Human Rights & Human Welfare (25)
- Indiana Journal of Global Legal Studies (25)
- Faculty Publications (21)
- Georgetown Law Faculty Publications and Other Works (21)
- International Law Studies (21)
- American University International Law Review (19)
- Global Business & Development Law Journal (19)
- Penn State Journal of Law & International Affairs (2012 - Present) (18)
- American University Journal of Gender, Social Policy & the Law (17)
- War Crimes Memoranda (17)
- Maryland Journal of International Law (15)
- Scholarly Works (15)
- UC Law SF International Law Review (15)
- 2012 Energy Justice Conference and Technology Exposition (September 17-18) (13)
- All Faculty Scholarship (13)
- Canada-United States Law Journal (13)
- Loyola University Chicago International Law Review (13)
- Publications (13)
- Scholarly Articles in Law Reviews & Journals (12)
- San Diego International Law Journal (11)
- University of Baltimore Journal of International Law (11)
- Vanderbilt Journal of Transnational Law (11)
- Columbia Center on Sustainable Investment Staff Publications (9)
- Michigan Journal of International Law (9)
- Northwestern Journal of International Law & Business (9)
- Publication Type
Articles 61 - 90 of 925
Full-Text Articles in International Law
Thoughts On The German Constitutional Court Decision On The Esm, Richard Stith
Thoughts On The German Constitutional Court Decision On The Esm, Richard Stith
Law Faculty Publications
No abstract provided.
Scope Of Liability Under The Alien Tort Statute: The Relevance Of Choice Of Law Doctrine In The Aftermath Of Kiobel V. Royal Dutch Petroleum, Jon E. Crain
Pace Law Review
Recently Judge José A. Cabranes, of the United States Court of Appeals for the Second Circuit, issued a decision that drastically undermined the efficacy of the Alien Tort Statute (ATS). Writing for the majority in Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111 (2d Cir. 2010), Judge Cabranes ruled that corporate entities cannot be held liable under the ATS. This Comment will examine the choice-of-law aspect of that decision, and argue that Judge Cabranes erred in interpreting the ATS to mandate application of customary international law (CIL).
Reading Between The Lines: Charging Instruments At The Ictr And The Icc, Claire Knittel
Reading Between The Lines: Charging Instruments At The Ictr And The Icc, Claire Knittel
Pace Law Review
International criminal procedure, including the principle of notice, has grown exponentially from the Nuremburg Trials conducted after WWII, but the tribunals of today still face many sticky procedural issues. This Article will focus on two problems that the ICTR and the International Criminal Court (ICC), respectively, have faced with regard to notice. Part I reviews the jurisprudence of the ICTR and ICC, focusing particularly on requirements of notice and the requirements of the charging instruments in each tribunal. Part II discusses in detail a problem that each tribunal is facing: vagueness in the indictment at the ICTR and informal changes …
Maritime Piracy: Changes In U.S. Law Needed To Combat This Critical National Security Concern, Daniel Pines
Maritime Piracy: Changes In U.S. Law Needed To Combat This Critical National Security Concern, Daniel Pines
Seattle University Law Review
Piracy threatens, and has taken, the lives of American crews and civilians. It poses an enormous economic threat, both in terms of ransom payments and impact on global commerce. It enhances political instability in significant regions of the world, such as the Horn of Africa and the Straits of Malacca. Most critically, though, maritime piracy offers an easy and tempting conduit for terrorism. Terrorists have already used maritime options to advance their cause in several dramatic attacks, including the hijacking of a cruise ship (and murder of a Jewish passenger), the ramming of a boat into a U.S. destroyer (killing …
Corruption And Human Rights: Exploring The Relationships, Berihun Adugna Gebeye
Corruption And Human Rights: Exploring The Relationships, Berihun Adugna Gebeye
Human Rights & Human Welfare
Corruption is a global phenomenon which every society faces though its degree of severity varies from country to country. Despite its long history, there is no single universally agreed upon definition of corruption. Moreover, its causes, forms and impacts are diverse and multi-faceted. Understanding corruption by itself is a complex undertaking. However, it is agreed that corruption is inimical to public administration, undermines democracy, degrades the moral fabrics of the society and violates human rights. The pain of corruption touches all the human family but it disproportionately affects the vulnerable sections of the society. It reinforces discrimination, exclusion and arbitrariness. …
Book Review: The Public International Law Regime Governing International Investment, By Jose E. Alvarez, The Hague: Hague Academy Of International Law, Susan Franck
Book Reviews
Jose Alverez's recent book, The Public International Law Regime Governing International Investment, places international investment law firmly within the rubric of public international law. Historically, international investment law might have been classified as pure private international law given the private commercial actors and investment activities involved. Alvarez posits that a dichotomous public versus private law paradigm does not work in the context of international investment and makes the implicit explicit by considering investment law’s unique, arguably sui generis, hybrid essence that crosses the public and private international law divides. This book review explores Alvarez's primary thesis and his extended exposition …
International & Comparative Law Perspectives: Fall 2012, Int'l & Comp. Law Program
International & Comparative Law Perspectives: Fall 2012, Int'l & Comp. Law Program
International & Comparative Law Perspectives
No abstract provided.
Batter Up: Who’S Prepared To Take The Hit From The Stuxnet Aftermath?, Kortney Mosley
Batter Up: Who’S Prepared To Take The Hit From The Stuxnet Aftermath?, Kortney Mosley
In the Balance
No abstract provided.
Judicial Creativity And Constraint Of Legal Rules: Dueling Cannons Of International Law, Vitalius Tumonis
Judicial Creativity And Constraint Of Legal Rules: Dueling Cannons Of International Law, Vitalius Tumonis
University of Miami International and Comparative Law Review
According to the traditional theory of judicial decision-making, legal rules constrain judicial creativity because they entail an objectively correct legal answer. Therefore, even if judges want to engage in judicial legislation they are nonetheless constrained by legal rules. This article argues that this understanding is flawed. First, the selection effect ensures that most cases that reach international courts revolve around uncertain legal rules. Second, various cannons of construction will usually allow judges to ascertain several equally plausible legal rules; judges are likely to select those rules which favor their preferred outcome of the case; and their preferred outcome will be …
Universal Civil Jurisdiction And The Extraterritorial Reach Of The Alien Tort Statute: The Case Of Kiobel Before The United States Supreme Court, Paul Barker
University of Miami International and Comparative Law Review
No abstract provided.
The Effect Of Violence On Tourism: Israel-Gaza Conflict, Jeromy Simonovic
The Effect Of Violence On Tourism: Israel-Gaza Conflict, Jeromy Simonovic
In the Balance
No abstract provided.
Free Expression And Censorship: The Evolving Role Of American Companies In The Age Of The Internet, Daniel Witt
Free Expression And Censorship: The Evolving Role Of American Companies In The Age Of The Internet, Daniel Witt
In the Balance
No abstract provided.
National Discretion And International Deference In The Restriction Of Human Rights: A Comparison Between The Jurisprudence Of The European And The Inter-American Court Of Human Rights, Pablo Contreras
Northwestern Journal of Human Rights
No abstract provided.
International Ngos, The Arab Upheaval, And Human Rights: Examining Ngo Resource Allocation, Gerald M. Steinberg
International Ngos, The Arab Upheaval, And Human Rights: Examining Ngo Resource Allocation, Gerald M. Steinberg
Northwestern Journal of Human Rights
No abstract provided.
Speechlessness And Trauma: Why The International Criminal Court Needs A Public Interviewing Guide, Philip A. Sandick
Speechlessness And Trauma: Why The International Criminal Court Needs A Public Interviewing Guide, Philip A. Sandick
Northwestern Journal of Human Rights
No abstract provided.
Groundwater In New Mexico, Darcy Bushnell
Fall 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Fall 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
Kirtland Afb - Bulk Fuels Facility Spill: Regulatory Authority Under Rcra And History, New Mexico Environment Department, University Of New Mexico - School Of Law
Kirtland Afb - Bulk Fuels Facility Spill: Regulatory Authority Under Rcra And History, New Mexico Environment Department, University Of New Mexico - School Of Law
Publications
No abstract provided.
Politics As Usual At The Un: Implementing Pillar Three Of Rtop, Eric A. Heinze
Politics As Usual At The Un: Implementing Pillar Three Of Rtop, Eric A. Heinze
Human Rights & Human Welfare
UN Secretary-General Ban Ki-Moon's most recent report on RtoP seeks to evaluate the various ways that Pillar Three of RtoP can be implemented. As anyone familiar with RtoP is aware, the commitment is understood to have three separate but interrelated pillars. The first pillar says that states have the primary responsibility to protect their own citizens from genocide, war crimes, crimes against humanity, and ethnic cleansing. Pillar Two says that the international community should assist states in fulfilling this responsibility, while Pillar Three says that if the state fails in its primary responsibility to protect its citizens from these crimes, …
The Legality Of Banning Online Gambling In South Africa: Is Online Gambling Not A Component Of Gambling?, Segoane Lawrence Monnye
The Legality Of Banning Online Gambling In South Africa: Is Online Gambling Not A Component Of Gambling?, Segoane Lawrence Monnye
UNLV Gaming Law Journal
In light of the potential income generating capability of online gambling and its perceivable threat to location based gambling, this Article examines the legality of banning online gambling despite the promulgation of the National Gambling Amendment Act, which is intended to legalize online gambling, and the constitutional implications of such ban. Part II examines the definition of gambling to argue that online gambling is a mere component of gambling. Part III provides the current legal framework governing gambling and its application to online gambling. Parts IV and V focus on the overall purpose of this Article, i.e. to scrutinize the …
“The Rtop And Responsibility While Protecting: The Secretary-General’S Timely And Decisive Report On Timely And Decisive Responses”, James Pattison
“The Rtop And Responsibility While Protecting: The Secretary-General’S Timely And Decisive Report On Timely And Decisive Responses”, James Pattison
Human Rights & Human Welfare
The United Nations Secretary-General's report on pillar three of the responsibility to protect (RtoP), "Responsibility to Protect: Timely and Decisive Response," is the most interesting, timely, and decisive of his four reports thus far on the RtoP. To start with, the subject matter of pillar three – the international community's potentially coercive responses to humanitarian crises, including humanitarian intervention – is the most controversial part of the RtoP doctrine and the area that has attracted the most criticism from skeptics. Previous reports, such as Implementing the Responsibility to Protect(2009), gave pillar three, and humanitarian intervention in particular, fairly short shrift, …
Strategies & Decisiveness: What Is Implied By A “Timely And Decisive Response” For Rtop Situations, H. M. Roff
Strategies & Decisiveness: What Is Implied By A “Timely And Decisive Response” For Rtop Situations, H. M. Roff
Human Rights & Human Welfare
Reflecting upon United Nations Secretary-General Ban Ki-moon's recent report concerning the third pillar of the Responsibility to Protect (RtoP), on the "timely and decisive response," two items become clear to me. First is that the third pillar is inherently coercive in nature, even though the report and many RtoP pundits stress that it entails more than merely sanctioning the use of force. Second is that this is unsurprising if we recall that the purpose of RtoP is to ensure the protection of particular human rights (rights against: genocide, war crimes, crimes against humanity, and ethnic cleansing) and that having a …
The Supremacy Clause As Structural Safeguard Of Federalism: State Judges And International Law In The Post-Erie Era, Sam F. Halabi
The Supremacy Clause As Structural Safeguard Of Federalism: State Judges And International Law In The Post-Erie Era, Sam F. Halabi
Faculty Publications
Against a backdrop of state constitutional and legislative initiatives aimed at limiting judicial use of international law, this Article argues that state judges have, by and large, interpreted treaties and customary international law so as to narrow their effect on state law-making prerogatives. Where state judges have used international law more liberally, they have done so to give effect to state executive and legislative objectives. Not only does this thesis suggest that the trend among state legislatures to limit state judges' use of international law is self-defeating, it also gives substance to a relatively unexplored structural safeguard of federalism: state …
The Evolving Asean Human Rights System: The Asean Human Rights Declaration Of 2012, Gerard Clarke
The Evolving Asean Human Rights System: The Asean Human Rights Declaration Of 2012, Gerard Clarke
Northwestern Journal of Human Rights
No abstract provided.
Constitutional Apostasy: The Ambiguities In Islamic Law After The Arab Spring, Brian O'Connell
Constitutional Apostasy: The Ambiguities In Islamic Law After The Arab Spring, Brian O'Connell
Northwestern Journal of Human Rights
No abstract provided.
Value Divergence In Global Intellectual Property Law, J. Janewa Oseitutu
Value Divergence In Global Intellectual Property Law, J. Janewa Oseitutu
Indiana Law Journal
It is a challenge for the United States to adequately protect the interests of its intellectual property industries. It is particularly difficult to effectively achieve this objective when the interests of the United States are not in line with the social, cultural, and economic goals of other nations. Yet, as a major exporter of intellectual property protected goods, the United States has an interest in negotiating effective international intellectual property agreements that are perceived to be legitimate by the state signatories and their constituents. Focusing on value divergence, this Article contributes to the growing body of literature on developing a …
Value Divergence In Global Intellectual Property Law, J. Janewa Osei-Tutu
Value Divergence In Global Intellectual Property Law, J. Janewa Osei-Tutu
Articles
It is a challenge for the United States to adequately protect the interests of its intellectual property industries. It is particularly difficult to effectively achieve this objective when the interests of the United States are not in line with the social, cultural, and economic goals of other nations. Yet, as a major exporter of intellectual property protected goods, the United States has an interest in negotiating effective international intellectual property agreements that are perceived to be legitimate by the state signatories and their constituents. Focusing on value divergence, this Article contributes to the growing body of literature on developing a …
How Nations Share, Allison Christians
How Nations Share, Allison Christians
Indiana Law Journal
Every nation has an interest in sharing the gains they help create by participating in globalization. Citizens should be very interested in discovering how well their governments fare in claiming an adequate share of this international income stream, since a government that cannot or will not exert its taxing jurisdiction internationally is potentially missing out on a very large and very productive source of revenue. Yet it is all but impossible for citizens to observe exactly how, or how well, their governments navigate this aspect of economic globalization. The vast majority of international tax law plays out in practice through …
Federal Constitutions, Global Governance, And The Role Of Forests In Regulating Climate Change, Blake Hudson
Federal Constitutions, Global Governance, And The Role Of Forests In Regulating Climate Change, Blake Hudson
Indiana Law Journal
Federal systems of government present more difficulties for international treaty formation than perhaps any other form of governance. Federal constitutions that grant subnational governments virtually exclusive regulatory authority over certain subject matter may constrain national governments during international negotiations—a national government that cannot constitutionally bind subnational governments to an international agreement cannot freely arrange its international obligations. While federal nations that grant subnational governments exclusive regulatory control obviously place value on stringent decentralization and the benefits it provides in those regulatory areas, the difficulty lies in striking a balance between global governance and constitutional decentralization in federal systems. Recent scholarship …
Why Copyright Falls Behind The Requirement For Protecting Graphic User Interfaces: Case Studies On Limitations Of Copyright Protection For Guis In China, Ling Jin, Yihong Ying
Why Copyright Falls Behind The Requirement For Protecting Graphic User Interfaces: Case Studies On Limitations Of Copyright Protection For Guis In China, Ling Jin, Yihong Ying
IP Theory
No abstract provided.