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Articles 481 - 510 of 766
Full-Text Articles in International Law
The Unanimous Verdict According To The Talmud: Ancient Law Providing Insight Into Modern Legal Theory, Ephraim Glatt
The Unanimous Verdict According To The Talmud: Ancient Law Providing Insight Into Modern Legal Theory, Ephraim Glatt
Pace International Law Review Online Companion
Part I of this paper will provide background information regarding the current academic discussion surrounding the unanimous verdict. Part II will discuss the startling Talmudic passage on the unanimous verdict. It will additionally focus on one explanation that radically reinterprets this passage. Part IIIA will introduce two schools of thought on the rationale behind the anti-unanimity rule. Part IIIB will highlight two areas of modern legal theory affected by such rationales.
The Need For International Laws Of War To Include Cyber Attacks Involving State And Non-State Actors, Christopher D. Deluca
The Need For International Laws Of War To Include Cyber Attacks Involving State And Non-State Actors, Christopher D. Deluca
Pace International Law Review Online Companion
This article argues that existing international laws of war are inadequate and need to be adjusted and clearly defined to include cyber attacks involving state and non-state actors. Part II of this article describes the different forms and increasing use of cyber attacks in international conflicts. Part III focuses on the importance and relevance of non-state actors in the international community and today’s asymmetric battlefield. Part IV discusses the applicability of current international laws of war to cyber attacks. Part V of this article suggests ways in which current international law can be improved to include and regulate cyber attacks …
Conceptions Of Civil Society In International Lawmaking And Implementation: A Theoretical Framework, Laura Pedraza-Farina
Conceptions Of Civil Society In International Lawmaking And Implementation: A Theoretical Framework, Laura Pedraza-Farina
Michigan Journal of International Law
The last two decades have seen an unprecedented explosion in the number of civil society organizations seeking to influence national and international policy making and implementation. Global leaders, activists, scholars, and policy experts have increasingly called for the inclusion of civil society in international governance and in the national implementation of international commitments. Most recently, the wave of civil uprisings that swept the Middle East and North Africa has put fostering civil society participation high on the agenda of national governments and international organizations. Indeed, most international organizations have devised mechanisms to engage with civil society and regard civil society …
The Michigan Guidelines On The Exclusion Of International Criminals
The Michigan Guidelines On The Exclusion Of International Criminals
Michigan Journal of International Law
With a view to promoting a shared understanding of the proper approach to Article 1(F)(a) exclusion from refugee status, we have engaged in sustained collaborative study and reflection on relevant norms and state practice. Our research was debated and refined at the Sixth Colloquium on Challenges in International Refugee Law, convened in March 2013 by the University of Michigan’s Program in Refugee and Asylum Law. These Guidelines are the product of that endeavor, and reflect the consensus of Colloquium participants on how decision makers can best ensure the application of Article 1(F)(a) in a manner that conforms to international legal …
Resilience In Transboundary Water Governance: The Okavango River Basin, Barbara Cosens
Resilience In Transboundary Water Governance: The Okavango River Basin, Barbara Cosens
Articles
When the availability of a vital resource varies between times of overabundance and extreme scarcity, management regimes must manifest flexibility and authority to adapt while maintaining legitimacy. Unfortunately, the need for adaptability often conflicts with the desire for certainty in legal and regulatory regimes, and laws that fail to account for variability often result in conflict when the inevitable disturbance occurs. Additional keys to resilience are collaboration among physical scientists, political actors, local leaders, and other stakeholders, and, when the commons is shared among sovereign states, collaboration between and among institutions with authority to act at different scales or with …
Or A Treaty Of The United States: Treaties And The Alien Tort Statute After Kiobel, Geoffrey R. Watson
Or A Treaty Of The United States: Treaties And The Alien Tort Statute After Kiobel, Geoffrey R. Watson
Scholarly Articles
The decision in Kiobel v. Royal Dutch Petroleum Co. left open a number of questions about the scope of the Alien Tort Statute (ATS). One such question is the extent to which Kiobel ’s holding on extraterritoriality applies to the oft-neglected final words of the ATS: “The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” What if one such treaty obliged the United States to provide a civil forum for litigation ofhumanrights violations that occurred abroad …
Transcending Victimhood: Child Soldiers And Restorative Justice, In Victims Of International Crimes: An Interdisciplinary Discourse (Thorsten Bonacker & Christoph Safferling Eds., 2013), Mark A. Drumbl
Books and Chapters
The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same assumptions. This chapter, which takes a second look at these efforts, aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. As a starting point, this chapter proposes that the dominant language used to characterise child soldiers—that of passive victimhood—be revisited so as to better recognise the potentiality of child soldiers to participate in and lead post-conflict reconstructive efforts. This chapter suggests a variety of …
The Convention On The Rights Of Persons With Disabilities: Reflection On Four Flaws That Tarnish Its Promise, Lucia A. Silecchia
The Convention On The Rights Of Persons With Disabilities: Reflection On Four Flaws That Tarnish Its Promise, Lucia A. Silecchia
Scholarly Articles
On December 13, 2006, the United Nations adopted the Convention on the Rights of Persons with Disabilities (“CRPD”). Widely touted as the “first comprehensive human rights treaty of the 21st century,” and effusively praised for its open negotiation process, the CRPD was opened for signature on March 30, 2007. The CRPD quickly entered into force on May 3, 2008. As it rapidly amassed signatories, the CRPD inspired great hope that its comprehensive approach would do much to overcome the consistent failure to promote the dignity of those with disabilities in meaningfully concrete ways.
The CRPD has garnered much recent and …
Frameworks For Amending Reservoir Water Management, Ethan Mower, Leandro E. Miranda
Frameworks For Amending Reservoir Water Management, Ethan Mower, Leandro E. Miranda
Publications
Managing water storage and withdrawals in many reservoirs requires establishing seasonal targets for water levels (i.e., rule curves) that are influenced by regional precipitation and diverse water demands. Rule curves are established as an attempt to balance various water needs such as flood control, irrigation, and environmental benefits such as fish and wildlife management. The processes and challenges associated with amending rule curves to balance multiuse needs are complicated and mostly unfamiliar to non-US Army Corps of Engineers (USACE) natural resource managers and to the public. To inform natural resource managers and the public we describe the policies and process …
Winter 2013 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Winter 2013 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
Assessing Legal Advocacy To Advance Roma Health In Macedonia, Romania, And Serbia, Tamar Ezer
Assessing Legal Advocacy To Advance Roma Health In Macedonia, Romania, And Serbia, Tamar Ezer
Articles
Across Europe, Roma suffer extreme marginalisation, negatively impacting their health. Many cannot access healthcare at all. For others, the health system is a hostile place. At the same time, good legal frameworks are in place to protect health rights, and there is increasing recognition of systemic violations experienced by Roma. Essential to building on this momentum and closing the gap between standards and implementation is Roma ability to conduct legal advocacy. Since 2010, the Open Society Foundations has supported Roma engagement in Macedonia, Romania and Serbia in the following advocacy strategies: i) legal empowerment, ii) documentation and advocacy, iii) media …
Flexibility In International Agreements, Laurence R. Helfer
Flexibility In International Agreements, Laurence R. Helfer
Faculty Scholarship
The form and substance of international agreements are intimately linked. This insight, recently articulated by scholars working at the intersection of international law (IL) and international relations (IR) (Guzman 2005; Hathaway 2005; Raustiala 2005), has important implications for the study of legalized interstate cooperation. The relationship between form and substance affects issues central to the international legal system, including treaty design, the choice between hard and soft law, delegation of authority to international organizations and tribunals, and treaty compliance. The form and substance equation is, in turn, shaped by the many uncertainties that pervade international affairs, including insufficient information about …
Collective Action Clauses For The Eurozone, Michael Bradley, Mitu Gulati
Collective Action Clauses For The Eurozone, Michael Bradley, Mitu Gulati
Faculty Scholarship
One of the primary policy initiatives instituted in response to the Eurozone sovereign debt crisis is a requirement that all Eurozone sovereign bonds issued after January 1 2013 include provisions referred to as Collective Action Clauses or CACs. These CACs allow for a super-majority of creditors to impose restructuring terms on minority holdouts. This article assesses the likely effect of this proposal on the borrowing costs of sovereign debtors. Contrary to much of the literature, we find that the presence of CACs leads to a lower cost of capital, especially for below-investment grade bonds
How Customary Is Customary International Law?, Emily Kadens, Ernest A. Young
How Customary Is Customary International Law?, Emily Kadens, Ernest A. Young
Faculty Scholarship
No abstract provided.
Globalization And Law: Law Beyond The State, Ralf Michaels
Globalization And Law: Law Beyond The State, Ralf Michaels
Faculty Scholarship
The chapter provides an introduction into law and globalization for sociolegal studies. Instead of treating globalization as an external factor that impacts the law, globalization and law are here viewed as intertwined. I suggest that three types of globalization should be distinguished—globalization as empirical phenomenon, globalization as theory, and globalization as ideology. I go on to discuss one central theme of globalization, namely in what way society, and therefore law, move beyond the state. This is done along the three classical elements of the state—territory, population/citizenship, and government. The role of all of these elements is shifting, suggesting we need …
A New International Human Rights Court For West Africa: The Ecowas Community Court Of Justice, Karen J. Alter, Laurence R. Helfer, Jacqueline R. Mcallister
A New International Human Rights Court For West Africa: The Ecowas Community Court Of Justice, Karen J. Alter, Laurence R. Helfer, Jacqueline R. Mcallister
Faculty Scholarship
The ECOWAS Community Court of Justice (ECCJ) is an increasingly active and bold international adjudicator of human rights violations in West Africa. Since acquiring jurisdiction over human rights issues in 2005, the ECCJ has issued several path-breaking judgments, including against the Gambia for the torture of journalists, against Niger for condoning modern forms of slavery, and against Nigeria for failing to regulate the multinational oil companies that polluted the Niger Delta. This article explains why ECOWAS member states authorized the ECCJ to review human rights suits by individuals but did not allow private actors to complain about violations of regional …
Where Should Europe’S Investment Path Lead?: Reflections On August Reinisch, “Quo Vadis Europe?”, Julie A. Maupin
Where Should Europe’S Investment Path Lead?: Reflections On August Reinisch, “Quo Vadis Europe?”, Julie A. Maupin
Faculty Scholarship
Relative to the past policies of its Member States, will the European Union’s new comprehensive international investment policy constitute a step forward, a step backward, or a perpetuation of the status quo? Professor Reinisch’s contribution to this volume opens a wide window on the current state of the debate. His cogent analysis suggests that, at present, all three possibilities remain live ones, although some basic contours of a likely trajectory are beginning to take shape. I use his musings as a springboard to investigate two questions which follow naturally from his. That is, in view of Professor Reinisch’s response to …
Transparency In International Investment Law: The Good, The Bad, And The Murky, Julie A. Maupin
Transparency In International Investment Law: The Good, The Bad, And The Murky, Julie A. Maupin
Faculty Scholarship
How transparent is the international investment law regime, and how transparent should it be? Most studies approach these questions from one of two competing premises. One camp maintains that the existing regime is opaque and should be made completely transparent; the other finds the regime sufficiently transparent and worries that any further transparency reforms would undermine the regime’s essential functioning. This paper explores the tenability of these two positions by plumbing the precise contours of transparency as an overarching norm within international investment law. After defining transparency in a manner befitting the decentralized nature of the regime, the paper identifies …
Revisiting Sovereign Bankruptcy, Lee C. Buchheit, Anna Gelpern, Mitu Gulati, Ugo Panizza, Beatrice Weder Di Mauro, Jeromin Zettelmeyer
Revisiting Sovereign Bankruptcy, Lee C. Buchheit, Anna Gelpern, Mitu Gulati, Ugo Panizza, Beatrice Weder Di Mauro, Jeromin Zettelmeyer
Faculty Scholarship
Sovereign debt crises occur regularly and often violently. Yet there is no legally and politically recognized procedure for restructuring the debt of bankrupt sovereigns. Procedures of this type have been periodically debated, but so far been rejected, for two main reasons. First, countries have been reluctant to give up power to supranational rules or institutions, and creditors and debtors have felt that there were sufficient instruments for addressing debt crises at hoc. Second, fears that making debt easier to restructure would raise the costs and reduce the amounts of sovereign borrowing in many countries. This was perceived to be against …
Private Lawyer In Disguise? On The Absence Of Private Law And Private International Law In Martti Koskenniemi’S Work, Ralf Michaels
Private Lawyer In Disguise? On The Absence Of Private Law And Private International Law In Martti Koskenniemi’S Work, Ralf Michaels
Faculty Scholarship
No abstract provided.
Hollingsworth V. Perry, Brief For Foreign And Comparative Law Experts Harold Hongju Koh Et. Al. As Amici Curiae Supporting Respondents, Harold Hongju Koh, Sarah H. Cleveland, Laurence R. Helfer, Ryan Goodman
Hollingsworth V. Perry, Brief For Foreign And Comparative Law Experts Harold Hongju Koh Et. Al. As Amici Curiae Supporting Respondents, Harold Hongju Koh, Sarah H. Cleveland, Laurence R. Helfer, Ryan Goodman
Faculty Scholarship
No abstract provided.
Misplaced Boldness: The Avoidance Of Substance In The International Court Of Justice's Kosovo Opinion, Timothy W. Waters
Misplaced Boldness: The Avoidance Of Substance In The International Court Of Justice's Kosovo Opinion, Timothy W. Waters
Articles by Maurer Faculty
The International Court of Justice's Kosovo Advisory Opinion is a masterpiece of avoidance. The Court has lived to run another day, and one can only admire the judges' skill in arriving at the vacant place between difficult and clashing conclusions of substance. Still, in the wake of the Opinion, questions inevitably arise: Of what use is this document? Has it advanced a project of justice, or of law? The Opinion has done something, though not, perhaps, what it purports to do. To understand it, we must engage this cautious, crimped document in its full context-or rather, we must understand the …
The Nsa's Prism Program And The New Eu Privacy Regulation: Why U.S. Companies With A Presence In The Eu Could Be In Trouble, Juhi Tariq
American University Business Law Review
No abstract provided.
The Chevron-Ecuador Dispute, Forum Non Conveniens, And The Problem Of Ex Ante Inadequacy, Howard M. Erichson
The Chevron-Ecuador Dispute, Forum Non Conveniens, And The Problem Of Ex Ante Inadequacy, Howard M. Erichson
Faculty Scholarship
These opening lines from Chevron's website of "facts about Chevron and Texaco in Ecuador" refer to the latest salvo in a long-running environmental dispute concerning a Texaco subsidiary's Ecuadorian oil-drilling activities. Chevron resisted enforcement in the United States of an Ecuadorian court's $18 billion judgment, and the plaintiffs are seeking to enforce the judgment against Chevron in various courts around the world. Chevron's account suggests that the plaintiffs' lawyers are engaged in improper forum-shopping. The plaintiffs'lawyers, according to Chevron, ought to pursue enforcement of the judgment in the United States.
Supranational? Federal? Intergovernmental? The Governmental Structure Of The European Union After The Treaty Of Lisbon, Roger J. Goebel
Supranational? Federal? Intergovernmental? The Governmental Structure Of The European Union After The Treaty Of Lisbon, Roger J. Goebel
Faculty Scholarship
The goal of this article is to provide an overview of the progressive augmentation of the supranational character of the governmental structure of the initial EEC, gradually evolving into the present European Union, particularly as a consequence of revisions to the constituent Treaties. Part I of this article presents the European Commission, the initial institution whose structure and operations have always been markedly supranational in character and which has always been dedicated to the promotion of supranational goals. Part II examines the Council of Ministers, the political institution that is intrinsically intergovernmental in character, but whose operational role in the …
Title Page, Title Page
Yaiguaje V. Chevron Corporation: Testing The Limits Of Natural Justice And The Recognition Of Foreign Judgments In Canada, Lucien J. Dhooge
Yaiguaje V. Chevron Corporation: Testing The Limits Of Natural Justice And The Recognition Of Foreign Judgments In Canada, Lucien J. Dhooge
Canada-United States Law Journal
No abstract provided.
Canadian V. American Defamation Law: What Can We Learn From Hyperlinks, Mitchell Drucker
Canadian V. American Defamation Law: What Can We Learn From Hyperlinks, Mitchell Drucker
Canada-United States Law Journal
No abstract provided.
Applying The Lockerbie Model To A Proposed Extraterritorial Somali Anti-Piracy Court, The Pilpg
Applying The Lockerbie Model To A Proposed Extraterritorial Somali Anti-Piracy Court, The Pilpg
War Crimes Memoranda
No abstract provided.
Piracy Definitions In Domestic And Regional Systems, The Pilpg
Piracy Definitions In Domestic And Regional Systems, The Pilpg
War Crimes Memoranda
No abstract provided.