International Relations Commons^™

Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins

Neal E. Devins

No abstract provided.

The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone

Linda A. Malone

No abstract provided.

The Chernobyl Accident: A Case Study In International Law Regulating State Responsibility For Transboundary Nuclear Pollution, Linda A. Malone

Linda A. Malone

No abstract provided.

Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs

Nancy Combs

No abstract provided.

Bridging The International Law-International Relations Divide: Taking Stock Of Progress, Adam C. Irish, Charlotte Ku, Paul F. Diehl

Charlotte Ku

No abstract provided.

Law(Makers) Of The Land: The Doctrine Of Treaty Non-Self-Execution, David H. Moore

David H. Moore

No abstract provided.

Medellin, The Alien Tort Statute, And The Domestic Status Of International Law, David H. Moore

David H. Moore

No abstract provided.

Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger

Errol Meidinger

Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.

This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …

De L'Affaire Katanga Au Contrat Social Global: Un Regard Sur La Cour Pénale Internationale, Juan Branco

Juan Branco

No abstract provided.

Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.

Donna M. Hughes

Legitimacy Of Taiwan's Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh

Pasha L. HSIEH

The International Politics Of Climate Engineering: A Review And Prospectus For International Relations, Joshua B. Horton, Jesse L. Reynolds

Jesse Reynolds

Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana

Aziz Rana

No abstract provided.

The International Regulation Of Climate Engineering: Lessons From Nuclear Power, Jesse Reynolds

Jesse Reynolds

Help From Above: The Role Of International Law In Facilitating The Use Of Outer Space For Disaster Management, Brian R. Israel

Brian R Israel

This chapter explores the role of international law as well as non-legal mechanisms in enabling the use of outer space for valuable new disaster management applications. This overall challenge is addressed in three phases, ranging from the collective action problems arising from the use of space in general, to sovereignty-based objections to observing the Earth from space, to the complex coordination challenges of harnessing existing space systems for disaster applications. One mechanism in particular, the legally non-binding International Charter for Space and Major Disasters, serves as a remarkable case study in international cooperation because of the speed with which it …

Beyond The National Resource Privilege: Towards An International Court Of The Environment, Fabian Schuppert

Fabian Schuppert

No abstract provided.

International Arbitration Culture And Global Governance, Joshua Karton

Joshua Karton

Academics increasingly characterize international commercial arbitration (ICA) as a form of global governance. However, this literature rarely discusses why ICA should come to provide truly global governance, as opposed to being simply an atomized form of governance derivative of national court litigation — more neutral, more widely enforceable, perhaps faster and cheaper, but essentially the same adjudicative exercise in a different venue. For ICA to constitute global governance, as opposed to merely disconnected resolutions of individual cross-border disputes according to national laws, there are at least two prerequisites. First, legal rules must be formulated at the global level and apply …

Proportionality, General Principles Of Law, And Investor-State Arbitration: A Response To Jose Alvarez, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

The United Nations And The Magna Carta For Children, Winston E. Langley

Winston E. Langley

The impulse that invited the preparation of this book is one which is linked to the convergence of a number of factors bearing on my interest in human rights. First, the brutality visited on children during World War II has had an abiding negative effect on my sense of what is possible in human conduct. Second, I am persuaded that children are not simply the means by which human societies are continued, but, as well, the potential source of moral revitalization and transformation for those societies. Third, I recognize that the human rights movement, which followed World War II, holds …

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …

Escaping Earth’S Orbit But Not Earthly Regulations: A Discussion Of The Implications Of Itar, Ear, Fcc Regulations And Title Vii On Interplanetary Cubesats And Cubesat Programs, Jeremy Straub, Joe Vacekescaping Earth’S Orbit But Not Earthly Regulations: A Discussion Of The Implications Of Itar, Ear, Fcc Regulations And Title Vii On Interplanetary Cubesats And Cubesat Programs

Jeremy Straub

As a small satellite moves further from Earth a lot of mission elements change. More power and/or a larger antenna is needed for communications, fuel requirements increase and mission operations become more complex. What doesn’t change significantly is the set of laws and regulations that the program and spacecraft must operate under. This paper reviews, principally, the impact of the International Trafficking in Arms Regulations (ITAR) and Title VII of the Civil Rights Act of 1964 on the development, discrimination of information about and operations of small satellite programs. It reviews the duties imposed by ITAR, the exemptions enjoyed, particularly, …

When The Claim Hits: Bilateral Investment Treaties And Bounded Rational Learning, Lauge N. Skovgaard Poulsen, Emma Aisbett

Lauge N. Skovgaard Poulsen

Using the international investment regime as its point of departure, the paper introduces notions of bounded rationality to the study of economic diplomacy. Through a multi-method approach, it shows that developing countries often ignored the risks of bilateral investment treaties (BITs) until they themselves became subject to an investment treaty claim. Thus the behavior of developing country governments with regard to the international investment regime is consistent with that observed for individuals in experiments and field studies: they tend to ignore high-impact, low-probability risks if they cannot bring specific ‘vivid’ instances to mind.

Investment Prospectus: Concentrated Solar Power With Heliostat Tower And Molten Salt Storage, Kyle Herman

Dr. Kyle S. Herman

This article delivers a preliminary overview of Concentrated Solar Technology. It offers data for investors and policy-makers in order to more properly understand and mitigate risks of this renewable energy.

¿Acatar O No Acatar El Fallo De La Corte Internacional De Justicia En El Caso Nicaragua V. Colombia?, Andres Barreto

Andres Barreto

Han corrido verdaderos ríos de tinta sobre las implicaciones del fallo proferido por la Corte Internacional de Justicia (CIJ) en el Caso Nicaragua v. Colombia, sin embargo, más allá de los análisis, unos jurídicos y otros políticos, es preciso preguntarse que sigue en el panorama internacional tras la sentencia.

The Carbon Frame: Condensed Version, Kyle Herman

Dr. Kyle S. Herman

Attracting Fdi: The Chilean Government's Role Promoting Renewable Energy, Kyle Herman

Dr. Kyle S. Herman

The development and implementation of renewable energy power plants is important for Chile in order to increase energy security, supply remote mines with electricity, and eventually decrease energy costs. The Chilean government has promoted renewable energy and attracted Foreign Direct Investment (FDI) to develop large-scale renewable energy projects. However, the policies cannot sufficiently attract FDI in unproven renewable energies such as Concentrated Solar Power, though it is proven elsewhere. This paper examines the Chilean government’s renewable energy policies, related government agencies, and the extent that these provide a stable backdrop for FDI in large-scale renewable energy projects. Following that summary, …

Chilean Renewable Energy Investment Potential With Technology Transfer, Kyle Herman

Dr. Kyle S. Herman

For potential for investment in Chilean renewable energy investment is promising. After the Chicago boys effectively transformed the Chilean economy into a haven for FDI (Foreign Direct Investment) during the 1980’s, government laws have aligned definitively with neo-liberal policy—in other words, open markets, incentives for investors, public-private partnerships and consistent injections of capital into its financial markets. This article explore these components and highlights investment potential and offers policy advice.

Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Tom Ginsburg, Zachary Elkins, Beth Simmons

Tom Ginsburg

This Article examines the adoption of rights in national constitutions in the post-World War II period in light of claims of global convergence. Using a comprehensive database on the contents of the world’s constitutions, we observe a qualified convergence on the content of rights. Nearly every single right has increased in prevalence since its introduction, but very few are close to universal. We show that international rights documents, starting with the Universal Declaration of Human Rights, have shaped the rights menu of national constitutions in powerful ways. These covenants appear to coordinate the behavior of domestic drafters, whether or not …

Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern

Kevin H. Govern

This article will assess the roles and responsibilities of Special Operations Forces (SOF) within the newly created U.S. Africa Command (AFRICOM) as an active proponent of a so-called “smart power” national security strategy. In particular, it will outline the economic, political, and military challenges faced in Africa; specifically, how and why SOCAFRICA is the U.S. force of choice for promoting human rights and rule of law in Africa. With the goals of the U.S. military in mind, questions will necessarily arise as to “what success looks like” for both the U.S. and African nations, and the roles of each in …

Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper

Michael D. Cooper, Esq.

Over the last decade, a series of devastating natural disasters have killed hundreds of thousands of people, displaced millions, and decimated the built environment across wide regions, shocking the public imagination and garnering unprecedented financial support for humanitarian relief efforts. Some suggest that disaster migration must be supported by the international community, first as an adaption strategy in response to climate-change, and second, as a matter of international protection. This study surveys the current state of law as it relates to persons displaced by natural disaster, with a specific focus on the 27 member states of the European Union plus …