Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (28)
- Comparative and Foreign Law (19)
- Military, War, and Peace (13)
- National Security Law (6)
- Human Rights Law (5)
-
- Organizations Law (5)
- Courts (4)
- International Trade Law (3)
- Law and Society (3)
- Criminal Law (2)
- Disaster Law (2)
- Environmental Law (2)
- International Humanitarian Law (2)
- Legal History (2)
- Science and Technology Law (2)
- Transnational Law (2)
- Business Organizations Law (1)
- Civil Law (1)
- Civil Rights and Discrimination (1)
- Conflict of Laws (1)
- Dispute Resolution and Arbitration (1)
- First Amendment (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Internet Law (1)
- Law and Politics (1)
- Law of the Sea (1)
- Privacy Law (1)
- Supreme Court of the United States (1)
- Keyword
-
- Governance (17)
- Legal systems (15)
- Law reform (12)
- Sovereignty (12)
- Treaties (11)
-
- Legal institutions (10)
- Armed conflicts (9)
- China (8)
- Self-determination (7)
- Accountability (6)
- Democracy (6)
- History (6)
- Development (5)
- Globalization (5)
- Justice (5)
- Minorities (5)
- United Nations (5)
- Africa (4)
- Atrocities (4)
- Autonomy (4)
- Change (4)
- Crimes (4)
- Espionage (4)
- Intelligence gathering (4)
- Japan (4)
- Terrorism (4)
- Tribunals (4)
- Authority (3)
- Culture (3)
- Economics (3)
Articles 31 - 60 of 64
Full-Text Articles in Rule of Law
Nations Without States: Political Communities In The Global Age, Montserrat Guibernau
Nations Without States: Political Communities In The Global Age, Montserrat Guibernau
Michigan Journal of International Law
The nation has become one of the most contested concepts of our times. The multifarious definitions of the nation focus on cultural, political, psychological, territorial, ethnic, and sociological principles according to different scholars, politicians, and political activists willing to shed some light into such a disputed term. Their lack of agreement suggests a major difficulty in dealing with such a complex phenomenon. The crux of the matter probably resides close to the link which has been established between nation and State, and to the common practice of using the nation as a source of political legitimacy. To be or not …
Diversity Or Cacophony? The Continuing Debate Over New Sources Of International Law, Kalypso Nicolaïdis, Joyce L. Tong
Diversity Or Cacophony? The Continuing Debate Over New Sources Of International Law, Kalypso Nicolaïdis, Joyce L. Tong
Michigan Journal of International Law
We have reached a point when lawyers' commissions are summoned to discuss the consequences of legal proliferation as an ill threatening the standing of international law through incompatibility or irrelevance. Should this trend towards fragmentation be reversed? Should we devise a legal non-proliferation treaty? Or should we, conversely, welcome the current diversification in the sources of law as reflecting the realities of today's world, as a reflection of the flexibility and adaptability of law when the norm of sovereignty on which it is based is itself undergoing considerable recalibration? In short: how should we deal theoretically as well as practically …
The Political Economy Of Rule Of Law Reform In Developing Countries, Ronald J. Daniels, Michael Trebilcock
The Political Economy Of Rule Of Law Reform In Developing Countries, Ronald J. Daniels, Michael Trebilcock
Michigan Journal of International Law
In this paper, the authors briefly review the recent experience with rule of law reform initiatives in Latin America, Africa, and Central and Eastern Europe, drawing on more detailed case studies by the authors. The authors are currently working on a similar case study on rule of law reform experiences in Asia.
What Can The Rule Of Law Variable Tell Us About Rule Of Law Reforms?, Kevin E. Davis
What Can The Rule Of Law Variable Tell Us About Rule Of Law Reforms?, Kevin E. Davis
Michigan Journal of International Law
In 2001 per capita income in Haiti was $480, the infant mortality rate was seventy-nine per 1000 live births and the illiteracy rate (age fifteen and over) hovered around fifty percent. By comparison, in the United States, less than two hours flying time away, the per capita income was $34,280, the infant mortality rate was seven per 1000 live births, and the illiteracy rate was negligible. Understanding the reasons why these sorts of disparities in important measures of development arise and persist is one of the greatest challenges in all of the social sciences.
The War Against Iraq And The Future Of International Law: Hegemony Or Pluralism?, Andreas Paulus
The War Against Iraq And The Future Of International Law: Hegemony Or Pluralism?, Andreas Paulus
Michigan Journal of International Law
This Article is devoted to the question of the future relevance of international law at a time when the idea of a "rule of law" in international affairs seems to be waning. Why should the sole superpower look to international law in its quest for protection from dangers of weapons of mass destruction and terrorists? Is the European insistence on questions of legality, which was visible in the dramatic British attempts to secure some kind of Security Council backing and to advance international legal arguments for its participation in the invasion of Iraq, more than a fig leaf for a …
Sub-State Nationalism And International Law, Margaret Moore
Sub-State Nationalism And International Law, Margaret Moore
Michigan Journal of International Law
This Article explores the relationship between international law, defined broadly as the principles, norms, and rules governing the international order and the aspirations for collective self-government by minority national communities. It argues that there will be increasing challenges to the current international legal rules by minority nationalists, and that it is important to develop a principled response to this challenge. It also argues that the current system privileges state actors to a great extent, and that any attempt to channel self-determination claims in a more benign, non-secessionist direction needs to address the statecentric biases of the current rules.
Multiple International Judicial Forums: A Reflection Of The Growing Strength Of International Law Or Its Fragmentation?, Pemmaraju Sreenivasa Rao
Multiple International Judicial Forums: A Reflection Of The Growing Strength Of International Law Or Its Fragmentation?, Pemmaraju Sreenivasa Rao
Michigan Journal of International Law
The main thrust of this presentation is to suggest that the creation of multiple international judicial tribunals is a function of the ever-expanding nature of international law and that the creation of such tribunals is a sign of the growing maturity of international law. While it is admitted that these tribunals have to be sensitive to the needs of promoting the unity and integrity of international law, a brief look at the available evidence of their functioning so far has revealed no cause for concern of fragmentation. The author will look specifically at the working of the International Tribunal for …
Reply To Annika Tahvanainen, Montserrat Guibernau
Reply To Annika Tahvanainen, Montserrat Guibernau
Michigan Journal of International Law
A reply to Annika Tahvanainen's comment on Professor Montserrat Guibernau's Nations Without States: Political Communities in the Global Age
A Commentary To Montserrat Guibernau Nations Without States: Political Communities In The Global Age, Beatrice Tice, Jason Nelson
A Commentary To Montserrat Guibernau Nations Without States: Political Communities In The Global Age, Beatrice Tice, Jason Nelson
Michigan Journal of International Law
Commentary on Professor Montserrat Guibernau's Nations Without States: Political Communities in the Global Age
Enforcement Of Foreign Judgements, The First Amendment, And Internet Speech: Notes For The Next Yahoo! V. Licra, Molly S. Van Houweling
Enforcement Of Foreign Judgements, The First Amendment, And Internet Speech: Notes For The Next Yahoo! V. Licra, Molly S. Van Houweling
Michigan Journal of International Law
The Article begins with a review of the relevant rules governing enforcement of foreign judgments in the United States. Part II explains how courts have unpersuasively applied these rules when refusing to enforce foreign libel judgments. Part III then explains how the Yahoo! court adopted much of this faulty reasoning. Finally, Part IV explains the considerations that better justify judicial refusal to enforce speech-restrictive foreign judgments, especially those triggered by Internet speech. The Article concludes that the prospect that U.S. Internet speakers will choose to speak only to a U.S. audience-even when their speech would be legal everywhere-is the most …
Articulating The Right To Democratic Governance In Africa, Nsongurua J. Udombana
Articulating The Right To Democratic Governance In Africa, Nsongurua J. Udombana
Michigan Journal of International Law
This Article articulates the right to democratic governance in Africa, arguing that democratic entitlement ought to acquire, if indeed it already has not acquired, a degree of legitimacy in the continent. If democratic governance is a fundamental human right, which this Article asserts it is, it follows that any African State that denies its citizens the right to any of the elements of democratic entitlement-such as free and open elections-is violating a fundamental right, which should attract responsibility. The Article begins with an examination of the patrimonial State structure in Africa and its negative impact on governance. It is a …
The Concept Of Accountability In World Politics And The Use Of Force, Robert O. Keohane
The Concept Of Accountability In World Politics And The Use Of Force, Robert O. Keohane
Michigan Journal of International Law
This paper proceeds as follows. In Part I, the author discuss a pluralistic theory of accountability. He begins by defining accountability in a standard fashion, emphasizing two conditions: the availability of information to accountability-holders, and their ability to sanction power-wielders. The author then proceeds to discuss a pluralistic conception of accountability systems. Part II then develops a typology of eight accountability mechanisms, all of which are found in democratic societies, but not all of which are democratic per se. Part III builds on the Jacobson-Ku discussion of the current practices, relative to accountability, of the Security Council and asks …
Global Government Networks, Global Information Agencies, And Disaggregated Democracy, Anne-Marie Slaughter
Global Government Networks, Global Information Agencies, And Disaggregated Democracy, Anne-Marie Slaughter
Michigan Journal of International Law
This essay seeks to broaden our understanding of government networks by placing them in more historical context and by elaborating different types of government networks within and without traditional international institutions. After a brief overview of the literature on transgovernmentalism since the 1970s in Part I, Part H sets forth a typology of three different categories of government networks. Part III then seeks to pinpoint the specific accountability concerns associated with each type. Part IV offers one approach to answering some current accountability concerns by adapting the concept of "information agencies" from the European Union to the global level. This …
The Promise Of Truth Commissions In Times Of Transition, Mariah Jackson Christensen
The Promise Of Truth Commissions In Times Of Transition, Mariah Jackson Christensen
Michigan Journal of International Law
Review of Unspeakable Truths: Confronting State Terror and Atrocity by Priscilla B. Hayner
Truth As Right And Remedy In International Human Rights Experience, Thomas M. Antkowiak
Truth As Right And Remedy In International Human Rights Experience, Thomas M. Antkowiak
Michigan Journal of International Law
This Note seeks to explore the origins, scope, and key possibilities of an evolving right to the truth. It will argue that truth is not only an essential component of the universally recognized "right to an effective remedy," but that it also serves as the gateway to a broader reparative framework necessary for victims of gross human rights abuse. The analysis shall span the Inter-American, European, and United Nations systems of human rights protection, and also will treat the burgeoning idea of the truth commission, a very prominent means of extra-judicial inquiry in contemporary transitional societies. At the conclusion, the …
Let One Hundered Flowers Bloom, One Hundred Schools Contend: Debating Rule Of Law In China, Randall Peerenboom
Let One Hundered Flowers Bloom, One Hundred Schools Contend: Debating Rule Of Law In China, Randall Peerenboom
Michigan Journal of International Law
The Article proceeds in three stages. Part I provides a brief overview of thin versions of rule of law and their relation to thick theories. Part II then takes up the four thick versions of rule of law. Part III addresses a number of thorny theoretical issues that apply to rule of law theories generally and more specifically to the applicability of rule of law to China. For instance, can the minimal conditions for rule of law be sufficiently specified to be useful? Should China's legal system at this point be described as rule by law, as in transition to …
The Post-Conflict Transitional Administration Of Kosovo And The Lessons-Learned In Efforts To Establish A Judiciary And Rule Of Law, Wendy S. Betts, Scott N. Carlson, Gregory Grisvold
The Post-Conflict Transitional Administration Of Kosovo And The Lessons-Learned In Efforts To Establish A Judiciary And Rule Of Law, Wendy S. Betts, Scott N. Carlson, Gregory Grisvold
Michigan Journal of International Law
The study of post-conflict Kosovo presents an important opportunity to distill lessons that can provide guidance for future post-conflict, transitional administrations. The lessons-learned from an analysis of any post-conflict setting are many and varied. The goal of this short paper is limited to the identification of key lessons-learned in the effort to reestablish the judiciary and rule of law in post-conflict Kosovo. Even within this limited setting, this paper is not intended to provide exhaustive coverage of the issue. Rather, it is intended to provide the reader with basic information and central themes that are essential to a discussion of …
The Role Of The Presiding Judge In Garnering Respect For Decisions Of International Courts, Jean Allain
The Role Of The Presiding Judge In Garnering Respect For Decisions Of International Courts, Jean Allain
Michigan Journal of International Law
The following study considers the role that should be assumed by a presiding judge to ensure full respect for the rule of law internationally. The foundation for this study lies in an examination of the dispute settlement provisions of the Law of the Sea Convention as well as its mechanism for the settlement of disputes-the International Tribunal for the Law of the Sea. The Tribunal was called upon to deliver judgment in the MIV Saiga case. The judgment, along with the primary dissenting opinion, are considered, compared, and analyzed in order to demonstrate the extent to which the judgment is, …
The Fractured Soul Of The Dayton Peace Agreement: A Legal Analysis, Fionnuala Ni Aolain
The Fractured Soul Of The Dayton Peace Agreement: A Legal Analysis, Fionnuala Ni Aolain
Michigan Journal of International Law
This essay examines the substantial bilateral relationships between the domestic and international legal systems that have had enormous effects on the perception and efficacy of the local legal order. In particular, it charts the effect of the International Tribunal for the Former Yugoslavia on local legal culture and the potential for greater liaison and support between local and international legal entities. This essay also notes the extent to which overlapping and confused mandates by a myriad of international organizations, many of which exercise legal functions, have been unresponsive to or dismissive of localized capacity.
The Badinter Commission: The Use And Misuse Of The International Court Of Justice's Jurisprudence, Michla Pomerance
The Badinter Commission: The Use And Misuse Of The International Court Of Justice's Jurisprudence, Michla Pomerance
Michigan Journal of International Law
It has long been the dream of those anxious to increase the role of adjudication in international relations that the International Court of Justice ("ICJ," "International Court," or "the Court") would act in the international arena as a superior court-a forum whose pronouncements would nourish, sustain, and help unify the jurisprudence of other international tribunals, whether of an ad hoc or standing nature, and of national courts handling international law issues. In the context of self-determination, the Arbitration Commission of the European Community's Conference for Peace in Yugoslavia ("the Badinter Commission," "the Commission," or "the Arbitration Commission") would appear, at …
The Beginnings Of The Rule Of Law In The International Trade System Despite U.S. Constitutional Constraints, Yong K. Kim
The Beginnings Of The Rule Of Law In The International Trade System Despite U.S. Constitutional Constraints, Yong K. Kim
Michigan Journal of International Law
This study focuses on the emergence of ROL in U.S. international trade policy, a development which merits closer examination for the following reasons. First, the United States must still be considered the leader in international trade policy, and a ROL order without the most important trading entity would make little sense. Second, the United States is probably the foremost proponent of instituting a ROL order in international trade, though, ironically, it may also be the prime culprit in adhering to certain power-ordered relationships. Third, it seems only fair, if not natural, to extend the United States' domestic respect for the …
International Ethics For A New Era: The Problem Of The Kind World Policeman, Fernando R. Tesón
International Ethics For A New Era: The Problem Of The Kind World Policeman, Fernando R. Tesón
Michigan Journal of International Law
Review of American Hegemony: Political Morality in a One-Superpower World by Lea Brilmayer
Why Redraw The Map Of Africa: A Moral And Legal Inquiry, Makau Wa Mutua
Why Redraw The Map Of Africa: A Moral And Legal Inquiry, Makau Wa Mutua
Michigan Journal of International Law
The author argues in this Article that the post-colonial state, the uncritical successor of the colonial state, is doomed because it lacks basic moral legitimacy. Its normative and territorial construction on the African colonial state, itself a legal and moral nullity, is the fundamental reason for its failure. The author argues that, at independence, the West decolonized the colonial state, not the African peoples subject to it. In other words, the right to self-determination was exercised not by the victims of colonization but their victimizers, the elites who control the international state system.
Custom, Power, And The Power Of Rules, Michael Byers
Custom, Power, And The Power Of Rules, Michael Byers
Michigan Journal of International Law
This article begins by explaining briefly the differing perspectives which these two general categories of scholars - those who study international law and those who study international relations - have of international society generally, and of law and power more specifically. This article exposes the fact that power is an important but largely unnoticed subject of much international legal discourse and also canvasses attempts by international relations scholars to incorporate law into their understandings of power.
Nothing But The Truth? Transitional Regimes Confront The Past, Joan Fitzpatrick
Nothing But The Truth? Transitional Regimes Confront The Past, Joan Fitzpatrick
Michigan Journal of International Law
Review of Impunity and Human Rights in International Law and Practice (Naomi Roht-Arriaza ed.)
Problems And Prospects For The Kurdish Struggle For Self-Determination After The End Of The Gulf And Cold Wars, Richard Falk
Problems And Prospects For The Kurdish Struggle For Self-Determination After The End Of The Gulf And Cold Wars, Richard Falk
Michigan Journal of International Law
At a dinner in Istanbul with Kurdish journalists and academicians in early 1992, a young sociologist told the author that he had just finished a survey of Kurdish attitudes toward different solutions to the Kurdish problem. His principal finding was that Kurds living in the Middle East were generally in favor of modest solutions within the boundaries of existing States, while Kurds living in exile were overwhelmingly in support of the establishment of a single sovereign State, to be called Kurdistan, that would provide a homeland for all Kurdish people. Whether or not the study would satisfy social science standards …
The Role Of Law In The Soviet System: Looking Back And Moving Forward, Sarah J. Reynolds
The Role Of Law In The Soviet System: Looking Back And Moving Forward, Sarah J. Reynolds
Michigan Journal of International Law
Review of Russian Law: The End of the Soviet System and the Role of Law by F.J.M. Feldbrugge
Perspectives On The Gulf War, Majid Khadduri
Perspectives On The Gulf War, Majid Khadduri
Michigan Journal of International Law
Review of Crisis in the Gulf: Enforcing the Rule of Law by John Norton Moore, and The Gulf Conflict, 1990-1991: Diplomacy and War in the New World Order by Lawrence Freedman and Efraim Karsh
Cause For Cautious Celebration: Hungarian Post-Communist Environmental Reform, Karen S. Libertiny
Cause For Cautious Celebration: Hungarian Post-Communist Environmental Reform, Karen S. Libertiny
Michigan Journal of International Law
In October 1989, the Hungarian Communist regime collapsed and was replaced by a democratic government. This new government was confronted with a visible and grave concern: environmental degradation. In just three years, the new Hungarian government, sometimes of its own impetus, sometimes at the prodding of environmentalists and foreign governments, has taken tremendous steps toward establishing palpable environmental legislation. More importantly, it has created an administrative and information-gathering infrastructure capable of sustaining a cohesive system of environmental protection initiatives. Although the path to further progress is littered with obstacles, this East European country has proven itself a worthy warrior in …
Explorations At The Edge Of Time: The Prospects For World Order, Catherine Tinker
Explorations At The Edge Of Time: The Prospects For World Order, Catherine Tinker
Michigan Journal of International Law
Review of the book by Richard A. Falk.