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2016

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Articles 721 - 750 of 1038

Full-Text Articles in International Law

Understanding The Global In Global Finance And Regulation, Lawrence G. Baxter Jan 2016

Understanding The Global In Global Finance And Regulation, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


The Evolution Of Codification: A Principal-Agent Theory Of The International Law Commission's Influence, Laurence R. Helfer, Timothy Meyer Jan 2016

The Evolution Of Codification: A Principal-Agent Theory Of The International Law Commission's Influence, Laurence R. Helfer, Timothy Meyer

Faculty Scholarship

No abstract provided.


Backlash Against International Courts In West, East And Southern Africa: Causes And Consequences, Karen J. Alter, James T. Gathii, Laurence R. Helfer Jan 2016

Backlash Against International Courts In West, East And Southern Africa: Causes And Consequences, Karen J. Alter, James T. Gathii, Laurence R. Helfer

Faculty Scholarship

This paper discusses three credible attempts by African governments to restrict the jurisdiction of three similarly-situated sub-regional courts in response to politically controversial rulings. In West Africa, when the ECOWAS Court upheld allegations of torture by opposition journalists in the Gambia, that country’s political leaders sought to restrict the Court’s power to review human rights complaints. The other member states ultimately defeated the Gambia’s proposal. In East Africa, Kenya failed in its efforts to eliminate the EACJ and to remove some of its judges after a decision challenging an election to a sub-regional legislature. However, the member states agreed to …


Customary International Law: An Instrument Choice Perspective, Laurence R. Helfer, Ingrid B. Wuerth Jan 2016

Customary International Law: An Instrument Choice Perspective, Laurence R. Helfer, Ingrid B. Wuerth

Faculty Scholarship

Contemporary international lawmaking is characterized by a rapid growth of “soft law” instruments. Interdisciplinary studies have followed suit, purporting to frame the key question states face as a choice between soft and “hard” law. But this literature focuses on only one form of hard law—treaties—and cooperation through formal institutions. Customary international law (CIL) is barely mentioned. Other scholars dismiss CIL as increasingly irrelevant or even obsolete. Entirely missing from these debates is any consideration of whether and when states might prefer custom over treaties or soft law.


Presidential War Powers As A Two-Level Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith Jan 2016

Presidential War Powers As A Two-Level Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith

Faculty Scholarship

There is a rich literature on the circumstances under which the United Nations Charter or specific Security Council resolutions authorize nations to use force abroad, and there is a rich literature on the circumstances under which the U.S. Constitution and statutory law allows the President to use force abroad. These are largely separate areas of scholarship, addressing what are generally perceived to be two distinct levels of legal doctrine. This Article, by contrast, considers these two levels of doctrine together as they relate to the United States. In doing so, it makes three main contributions. First, it demonstrates striking parallels …


The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr. Jan 2016

The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr.

Faculty Scholarship

The U.S. Department of Defense’s (DoD) new Law of War Manual has generated serious debate about its treatment of a variety of issues including human shields, the status of journalists, cyber operations, the precautions to be taken prior to attacks and even the role of honor in war. Although this article does not purport to be a comprehensive response to every critique of the Manual and, indeed, cites opportunities for its improvement, it nevertheless concludes that on balance the Manual provides an excellent, comprehensive and much-needed statement of DoD’s view of the lex lata of the law of war.


Feminism And International Law In The Post 9/11 Era, Jayne C. Huckerby Jan 2016

Feminism And International Law In The Post 9/11 Era, Jayne C. Huckerby

Faculty Scholarship

No abstract provided.


Accountability And Autonomous Weapons: Much Ado About Nothing?, Charles J. Dunlap Jr. Jan 2016

Accountability And Autonomous Weapons: Much Ado About Nothing?, Charles J. Dunlap Jr.

Faculty Scholarship

This purpose of this essay is to critique a 2015 report entitled Mind the Gap: The Lack of Accountability for Killer Robots by Human Rights Watch (HRW) produced with the assistance of the Harvard Law School’s International Human Rights Clinic (IHRC). The HRW/IHRC paper attempted to establish that autonomous weapons should be banned because, they claim, “neither criminal law nor civil law guarantees adequate accountability for individuals directly or indirectly involved in the use of fully autonomous systems.” Contrary to HRW/IHRC assertions, this article maintains that although no one can “guarantee” accountability, there are sufficient legal tools to do so …


Can Greece Be Expelled From The Eurozone? Toward A Default Rule On Expulsion From International Organizations, Joseph Blocher, Mitu Gulati, Laurence R. Helfer Jan 2016

Can Greece Be Expelled From The Eurozone? Toward A Default Rule On Expulsion From International Organizations, Joseph Blocher, Mitu Gulati, Laurence R. Helfer

Faculty Scholarship

The ongoing European crisis has raised uncomfortable questions about the conditions under which treaty-based unions of nations like the EU or the EMU can legally expel a member—Greece being the most obvious candidate. The EU, for example, has rules governing the voluntary withdrawal of members, but says nothing about whether a member can be expelled. As a matter of international law, what does the silence mean? Put differently: What is the default rule regarding expulsions when a treaty says nothing about forced withdrawals? Is there an absolute bar on expulsion, as some have suggested? Conversely, is there an implicit right …


Towards A New International Law Of The Atmosphere?, Peter H. Sand, Jonathan B. Wiener Jan 2016

Towards A New International Law Of The Atmosphere?, Peter H. Sand, Jonathan B. Wiener

Faculty Scholarship

Inclusion of the topic ‘protection of the atmosphere’ in the current work programme of the UN International Law Commission (ILC) reflects the long overdue recognition of the fact that the scope of contemporary international law for the Earth’s atmosphere extends far beyond the traditional discipline of ‘air law’ as a synonym for airspace and air navigation law. Instead, the atmospheric commons are regulated by a ‘regime complex’ comprising a multitude of economic uses including global communications, pollutant emissions and diffusion, in different geographical sectors and vertical zones, in the face of different categories of risks, and addressed by a wide …


Does Brexit Spell The Death Of Transnational Law?, Ralf Michaels Jan 2016

Does Brexit Spell The Death Of Transnational Law?, Ralf Michaels

Faculty Scholarship

The British leave vote in the referendum on EU membership has important implications for how we think about law . The vote must be viewed as a manifestation of a globalized nationalism that we find in many EU member states and many other countries. As such, it is also a challenge of the idea of transnational law, forcefully introduced in Jessup’s book on Transnational law 60 years ago. In this paper, I suggest that the hope to return from transnational law to the nation state of the 19th century is nostalgic and futile. However, I argue that transnational law has …


The Language Of Data Privacy Law (And How It Differs From Reality), Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Christopher Millard Jan 2016

The Language Of Data Privacy Law (And How It Differs From Reality), Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Christopher Millard

Articles by Maurer Faculty

No abstract provided.


Evading The Treaty Power?: The Constitutionality Of Nonbinding Agreements, Michael D. Ramsey Jan 2016

Evading The Treaty Power?: The Constitutionality Of Nonbinding Agreements, Michael D. Ramsey

FIU Law Review

No abstract provided.


Promotion Of Green Electricity And International Dispute Settlement: Trade And Investment Issues, Sherzod Shadikhodjaev Jan 2016

Promotion Of Green Electricity And International Dispute Settlement: Trade And Investment Issues, Sherzod Shadikhodjaev

The International Lawyer

The issue of greater utilization of renewables in energy supply-mix has become a priority environmental agenda in many countries. Feed-in incentives, quota schemes, public tenders and net metering are common support programmes that are designed to encourage the production and consumption of electricity generated from renewable energy sources. Promotion policies of this kind have provoked a number of international disputes at both global and regional levels. This article examines disputes brought to the World Trade Organization (WTO), the Court of Justice of the European Union (“Court of Justice”) and investor-state tribunals, and explores some intersectional implications and comparisons for the …


Bad Math: State-Centric Anti-Corruption Enforcement + International Information Sharing Agreements = Conflicting Corporate Incentives, Matthew Reeder Jan 2016

Bad Math: State-Centric Anti-Corruption Enforcement + International Information Sharing Agreements = Conflicting Corporate Incentives, Matthew Reeder

The International Lawyer

No abstract provided.


The Trajectory Of Crimean Flight 2014: Falling Through The Cracks Between The Rock Of Refugee And The Hard Place Of Internally Displaced Person, Iryna Zaverukha Jan 2016

The Trajectory Of Crimean Flight 2014: Falling Through The Cracks Between The Rock Of Refugee And The Hard Place Of Internally Displaced Person, Iryna Zaverukha

The International Lawyer

No abstract provided.


Front Matter Jan 2016

Front Matter

The International Lawyer

No abstract provided.


International Trade, Stephanie Bell, Johny Chaklader, Sylvia Chen, Shane Devins, Laura El-Sabaawi, Jeffrey Frank, Cynthia Galvez, Geoffrey Goodale, Derick Holt, Bernd Janzen Jan 2016

International Trade, Stephanie Bell, Johny Chaklader, Sylvia Chen, Shane Devins, Laura El-Sabaawi, Jeffrey Frank, Cynthia Galvez, Geoffrey Goodale, Derick Holt, Bernd Janzen

The International Lawyer

No abstract provided.


International Arbitration, Manuel Liatowitsch, Jeffrey Rosenthal, Christopher P. Denicola, Elizabeth M. Hanly, Mauricio Becerra De La Roca Donoso, Diepiriye Anga, James Menz, Guido Carducci, Medhavi Singh, Hanns-Christian Salger Jan 2016

International Arbitration, Manuel Liatowitsch, Jeffrey Rosenthal, Christopher P. Denicola, Elizabeth M. Hanly, Mauricio Becerra De La Roca Donoso, Diepiriye Anga, James Menz, Guido Carducci, Medhavi Singh, Hanns-Christian Salger

The International Lawyer

No abstract provided.


International Family Law, Robert G. Spector, Melissa A. Kucinski Jan 2016

International Family Law, Robert G. Spector, Melissa A. Kucinski

The International Lawyer

No abstract provided.


International Litigation, Aaron Marr Page, Jonathan I. Blackman, Carmine D. Boccuzzi, Erin Lawrence, Phillip B. Dye Jr., Matthew D. Slater, Howard Zelbo, Charles A. Patrizia, Joseph R. Profaizer, Igor V. Timofeyev Jan 2016

International Litigation, Aaron Marr Page, Jonathan I. Blackman, Carmine D. Boccuzzi, Erin Lawrence, Phillip B. Dye Jr., Matthew D. Slater, Howard Zelbo, Charles A. Patrizia, Joseph R. Profaizer, Igor V. Timofeyev

The International Lawyer

No abstract provided.


International Intellectual Property Law, Caroline Berube, Susan Brushaber, Amanda Covington, Manish Dhingra, Robin S. Fahlberg, Carolina Keller Jupitz, Jennifer Kwon, Mrityunjay Kumar, Daniel Marugg, Bruce A. Mcdonald Jan 2016

International Intellectual Property Law, Caroline Berube, Susan Brushaber, Amanda Covington, Manish Dhingra, Robin S. Fahlberg, Carolina Keller Jupitz, Jennifer Kwon, Mrityunjay Kumar, Daniel Marugg, Bruce A. Mcdonald

The International Lawyer

No abstract provided.


International Criminal Law, Linda Strite Murnane Jan 2016

International Criminal Law, Linda Strite Murnane

The International Lawyer

No abstract provided.


International Antitrust, Paul Schoff, Katrina Groshinkski, Eric White, Maria Cecilia Andrade, Rafaela P. De Calcena, Adam S. Goodman, Peter Wang, Yizhe Zhang, Laurie-Anne Grelier, Peter Camesasca Jan 2016

International Antitrust, Paul Schoff, Katrina Groshinkski, Eric White, Maria Cecilia Andrade, Rafaela P. De Calcena, Adam S. Goodman, Peter Wang, Yizhe Zhang, Laurie-Anne Grelier, Peter Camesasca

The International Lawyer

No abstract provided.


International Energy And Natural Resources, Kristin Drecktrah Paz, Mariana Ardizzone, Ricardo A. Silva, Sara Frazao, Mauricio Becerra De La Roca Donoso, Joao Otavio Pinheiro Oliverio, Jehmal T. Hudson, Leonardo Sempertegui, Ariel Cohen Jan 2016

International Energy And Natural Resources, Kristin Drecktrah Paz, Mariana Ardizzone, Ricardo A. Silva, Sara Frazao, Mauricio Becerra De La Roca Donoso, Joao Otavio Pinheiro Oliverio, Jehmal T. Hudson, Leonardo Sempertegui, Ariel Cohen

The International Lawyer

No abstract provided.


International Commercial Transactions, Sun Chang, Hernan Verly Jan 2016

International Commercial Transactions, Sun Chang, Hernan Verly

The International Lawyer

No abstract provided.


International Procurement, Martin G. Masse, Erin Brown, Steven D. Tibbets, Helene Gogadze, Samuel W. Jack Jan 2016

International Procurement, Martin G. Masse, Erin Brown, Steven D. Tibbets, Helene Gogadze, Samuel W. Jack

The International Lawyer

No abstract provided.


International Tax, Margriet Lukkien, Christie Galinski, David Dingfa Liu, Aseem Chawla, Eugenio Romita, Guillermo Villsenor, Jorge Lopez, Star Q. Lopez Jan 2016

International Tax, Margriet Lukkien, Christie Galinski, David Dingfa Liu, Aseem Chawla, Eugenio Romita, Guillermo Villsenor, Jorge Lopez, Star Q. Lopez

The International Lawyer

No abstract provided.


International Art And Cultural Heritage Law, Patty Gerstenblith, Jacqueline Farinella, David Bright, Kevin Ray Jan 2016

International Art And Cultural Heritage Law, Patty Gerstenblith, Jacqueline Farinella, David Bright, Kevin Ray

The International Lawyer

No abstract provided.


Canada, Angela E. Weaver, Erin Brown, Melissa N. Burkett, Sunita D. Doobay, Theodore Goloff, George Karaynnides, Ken Mcdonald, Martin G. Masse, Terri-Lee Oleniuk, Taylor Schappert Jan 2016

Canada, Angela E. Weaver, Erin Brown, Melissa N. Burkett, Sunita D. Doobay, Theodore Goloff, George Karaynnides, Ken Mcdonald, Martin G. Masse, Terri-Lee Oleniuk, Taylor Schappert

The International Lawyer

No abstract provided.