African Lawyers Harness Human Rights To Face Down Global Poverty,
2017
University of Maine School of Law
African Lawyers Harness Human Rights To Face Down Global Poverty, Lucie E. White
Maine Law Review
This is an exciting time in Africa. Yes, of course it is true that the rise of fundamentalist political movements, armed conflict, epidemic diseases, and extreme poverty will challenge the continent for decades to come. I don’t need to tell you that. Yet at the same time, we are witness to what many call an “African Renaissance.” In many domains, including the arts, civil society, social provision, and democratic governance, African nations are beginning to take their place in a newly configured globe. One of these domains of energy, innovation, and hope is a new human rights movement. This movement …
Legal Formalism Meets Policy-Oriented Jurisprudence: A More European Approach To Frame The War On Terror,
2017
University of Maine School of Law
Legal Formalism Meets Policy-Oriented Jurisprudence: A More European Approach To Frame The War On Terror, Julien Cantegreil
Maine Law Review
Myres S. McDougal, the leader of the New Haven School of International Law (NHSIL), advanced a comprehensive and iconoclastic conception of international law and its goals, one whose continuing influence is well-known today: a visceral rule-skepticism that even his least fervent disciples would never renounce. McDougal’s conception of international law and its goals is fundamentally different from the normativist view of Hans Kelsen, which has been and continues to be enormously influential throughout continental Europe, particularly in France. In the portion of his 1953 course at The Hague Academy of International Law devoted to Kelsen’s canonical Legal Technique in International …
The Role Of Public Interest Groups In Nation-Building: A Maine Lawyer's Experience In Mongolia,
2017
University of Maine School of Law
The Role Of Public Interest Groups In Nation-Building: A Maine Lawyer's Experience In Mongolia, Richard A. Spencer
Maine Law Review
In 2006, I spent three months in Ulaanbaatar, Mongolia working as an environmental lawyer with a small Mongolian human rights group called the Center for Human Rights and Development (CHRD). CHRD was working to stop human trafficking, promote human rights, and protect the environment in the face of extreme poverty, government secrecy, corruption, and a post-Soviet government dominated by former members of the Communist party. During my time assisting the staff at CHRD, I felt I could hear the voice of James Madison echoing through the centuries and across the globe. In The Federalist No. 10, Madison suggested that the …
Volunteer Lawyers And Nation-Building: Using Experience To Serve The World Community,
2017
University of Maine School of Law
Volunteer Lawyers And Nation-Building: Using Experience To Serve The World Community, Jean C. Berman
Maine Law Review
It is with great pride that I note the participation of four International Senior Lawyers Project (ISLP) volunteers in this Symposium of the Maine Law Review. These highly accomplished lawyers, three of whom are from Maine and one from Canada, demonstrate perfectly the premises on which ISLP was founded: first, that the skills and experience of senior-level lawyers from the United States and elsewhere can be of great value to emerging democracies, social justice activists, and nations struggling to overcome poverty; and second, that there is a burgeoning pool of such lawyers, both retired and in active practice, who are …
The Role Of A Banking System In Nation-Building,
2017
University of Maine School of Law
The Role Of A Banking System In Nation-Building, John L. Douglas
Maine Law Review
It seems strange to have a discussion of nation-building devoted to the importance of a banking system. After all, when we think of nations, we think of constitutions, borders, and functioning governments. When we think of failed nations, we think of a lack of effective government, a loss of control over society, and a breakdown in law and order. Banks hardly figure into that discussion at all. Indeed, in our society, while banks play an important role, they usually reside quietly in the background. Many of us never set foot in a bank. Our paychecks may be deposited in a …
The Importance Of Commercial Law In The Legal Architecture Of Post-Conflict "New" States,
2017
University of Maine School of Law
The Importance Of Commercial Law In The Legal Architecture Of Post-Conflict "New" States, Michael J. Stepek
Maine Law Review
In the era of international relations ushered in by the end of the Cold War, nation-building has become all the rage. In a burst of Wilsonian optimism, Western countries have sought to recreate failed states in their own image, fashioning new governmental institutions from the ashes of violent conflict or civil collapse. These projects became possible in a fresh environment of international consensus that has prevailed since the middle of the 1990s. Developing improved legal institutions has been considered a particularly important component of any state-building project and has been a primary focus of almost all such efforts. A new …
Odious Debts And Nation-Building: When The Incubus Departs,
2017
University of Maine School of Law
Odious Debts And Nation-Building: When The Incubus Departs, Lee C. Buchheit, G. Mitu Gulati
Maine Law Review
To most people, the notion that the citizens of a country lucky enough to have ousted a dictator should spend the rest of their lives paying off the debts incurred by that dictator in the name of the state is morally repugnant. This is a situation in which a strict requirement of the law (that governments automatically succeed to, and must honor, the debt obligations of their predecessors) is incongruent with most people’s sense of the morally right outcome. At a superficial level, state responsibility for debts incurred by prior governments resembles the belief that a country carries a collective …
The Rise Of Outsourcing In Modern Warfare: Sovereign Power, Private Military Actors, And The Constitutive Process,
2017
University of Maine School of Law
The Rise Of Outsourcing In Modern Warfare: Sovereign Power, Private Military Actors, And The Constitutive Process, Winston P. Nagan, Craig Hammer
Maine Law Review
Constitutions are continuous outcomes of power relations. The primary function of any constitution is to manage power, a critical feature of which is the prevention of destructive conflict. Warfare—including its facilitation by failure to pursue diplomatic avenues in some circumstances, and its promotion through the development of technological horrors such as nuclear weapons, mini-nukes, and other weapons of mass destruction—is the foremost challenge to the viability of an international constitutional system. The collapse of the League of Nations provided the world with a stark lesson in how aggression and warfare can undo a weak international constitutional regime dedicated to peace …
Refugees And Internally Displaced: A Challenge To Nation-Building,
2017
University of Maine School of Law
Refugees And Internally Displaced: A Challenge To Nation-Building, Rebecca M.M. Wallace, Diego Quiroz
Maine Law Review
Recent statistics published by the United Nations High Commissioner for Refugees (UNHCR) indicate that there are at least 32.9 million people who are “persons of concern to UNHCR.” This growing population includes “refugees, returnees, [and] stateless and internally displaced persons (IDPs).” Furthermore, it is estimated that there are some “[thirty] states in the world . . . that are at some stage or another along the road to possible failure.” These are weak states beset by invasion, civil war, ethnic rivalry and tribal warfare, or struggling in the wake of any of these catastrophes. Given that 2006 saw a fifty-six …
Clash Of The Titans: A Comparative Approach To Reform Of Judicial Accountability In Egypt,
2017
Seattle University School of Law
Clash Of The Titans: A Comparative Approach To Reform Of Judicial Accountability In Egypt, Shams Al Din Al Hajjaji
Seattle University Law Review
This Article argues for the reform of judicial accountability rules in Egypt. The lack of a real separation of powers and “checks and balances” between the three powers often leads the judiciary to become a periphery in the executive body, rather than an independent authority that invigilates and monitors any violation of the law. Judges who refuse to comply with executive wishes are often subjected to persecution from the Ministry of Justice and its Judicial Inspection Department, which can reach up to the level of impeachment. The Ministry of Justice uses judicial accountability as a tool of retribution over disobedient …
The Copyright Box Model,
2017
Seattle University School of Law
The Copyright Box Model, Stephen T. Black
Seattle University Law Review
Intellectual property law is territorial in nature. That is why intellectual property assets have always been favorites among international tax planners. Rapid appreciation, even faster transfer times, and a somewhat vague standard for appraisal and valuation make for an interesting field of play. Transfer the assets to a low tax jurisdiction before the appreciation begins, and you find yourself with a large income stream that is taxed at a low rate. Miss the beat, and you have a large tax hit. For these reasons, many nations have followed the lead of Ireland in providing for so-called “patent box” schemes. These …
Can Self-Defense Serve As An Appropriate Tool Against International Terrorism?,
2017
University of Maine School of Law
Can Self-Defense Serve As An Appropriate Tool Against International Terrorism?, Jan Kittrich
Maine Law Review
The phenomenon of terrorism represents one of the gravest challenges to international order, peace, and security. The unpredictable nature of terrorist attacks threatens the public safety of each member of the international community. At the same time, member states’ responses to terrorism appear to threaten the homogeneity of modern international law and disrupt the uniform system of legal rules. In some aspects, it also seems to divide the community of international scholars. Simply put, terrorism deviates from the rule of law and so might the responsive action that it necessitates. This is the potential danger that terrorism intentionally aims to …
A Century Of French International Law Scholarship,
2017
University of Maine School of Law
A Century Of French International Law Scholarship, Emmanuelle Jouannet
Maine Law Review
In this study of contemporary French scholarship in the field of international law, I aimed to reveal its reality at the dawn of the 21st century, but I quickly discovered that it is difficult to understand the current trends in this area of scholarship without first placing French international legal thought in the broader context of the evolution of international law itself. It seems that the increased stature of international law and its considerable expansion since 1945 are both accepted and problematic. This evolution is not problematic in and of itself; the problem lies in the increased interest it arouses …
Nafta And Its Twenty-Year Effect On Immigration,
2017
Southern Methodist University
Nafta And Its Twenty-Year Effect On Immigration, Natalie Sears
Law and Business Review of the Americas
No abstract provided.
Transitioning To Sometimes Foods: Chile's New Stop-Light Food Labeling Laws,
2017
Southern Methodist University
Transitioning To Sometimes Foods: Chile's New Stop-Light Food Labeling Laws, Tony Godfrey
Law and Business Review of the Americas
No abstract provided.
R. V. Spencer And The Affirmation Of Internet Privacy Rights In Canada,
2017
Southern Methodist University
R. V. Spencer And The Affirmation Of Internet Privacy Rights In Canada, Christopher Cornell
Law and Business Review of the Americas
No abstract provided.
A Wishful Thought: Enforceability And Avoidance Of Labor Provisions In Foreign Trade Agreements,
2017
Southern Methodist University
A Wishful Thought: Enforceability And Avoidance Of Labor Provisions In Foreign Trade Agreements, Angel Torres
Law and Business Review of the Americas
No abstract provided.
The Foreign Sovereign Immunities Act: 2012 Year In Review,
2017
Southern Methodist University
The Foreign Sovereign Immunities Act: 2012 Year In Review
Law and Business Review of the Americas
No abstract provided.
International Remittance Transfers: A Worldwide Effort To Lower Costs,
2017
Southern Methodist University
International Remittance Transfers: A Worldwide Effort To Lower Costs, Anne Moretti Langford
Law and Business Review of the Americas
No abstract provided.
Autonomy, Consent And Medical Confidentiality: Patients' Rights In Argentina,
2017
Southern Methodist University
Autonomy, Consent And Medical Confidentiality: Patients' Rights In Argentina, Martin Hevia, Daniela Schnidrig
Law and Business Review of the Americas
No abstract provided.
