Changing The Rules Of The (International) Game: How International Law Is Turning National Courts Into International Political Actors,
2015
University of Washington School of Law
Changing The Rules Of The (International) Game: How International Law Is Turning National Courts Into International Political Actors, Osnat Grady Schwartz
Washington International Law Journal
Courts are known to be political actors. National courts play the political game in the national domain. International courts play it in the international sphere. This article studies the transformation of national courts into international political actors (IPAs), and the part international law plays in so making them. The article identifies, categorizes, and demonstrates the influence of national courts and judges on international relations (IR), separating the influence into two main categories: direct and indirect. Direct influence, is the effect of a national court taking a position on international issues in concrete situations with immediate IR implications. Indirect influence is …
University Of Baltimore Journal Of International Law Volume 4 No. 1 (2015-2016) Front Matter,
2015
University of Baltimore Law
University Of Baltimore Journal Of International Law Volume 4 No. 1 (2015-2016) Front Matter
University of Baltimore Journal of International Law
No abstract provided.
Cesare Beccaria, John Bessler And The Birth Of Modern Criminal Law,
2015
University of Parma
Cesare Beccaria, John Bessler And The Birth Of Modern Criminal Law, Alberto Cadoppi
University of Baltimore Journal of International Law
Professor Bessler’s The Birth of American Law offers a contribution to the research on Cesare Beccaria of extraordinary value for legal historians and for legal scholars in general. Not only is the book extremely fascinating, but it gives us an enormous mass of information about the “celebrated Marquis” and his influence on the developments of the law and the legal jurisprudence in Europe and outside Europe over the last 250 years. Here follows a brief summary of Professor Bessler’s book
Legal Reform And The Chongquing Effect: Two Steps Forward One Step Back?,
2015
University of Baltimore Law
Legal Reform And The Chongquing Effect: Two Steps Forward One Step Back?, Veronica Pastor
University of Baltimore Journal of International Law
For those steeped in the Western legal tradition, the Chinese political and legal system is, in the famous words of Winston Churchill, a riddle wrapped in a mystery inside an enigma.1 Of course, Churchill was describing the potential actions of Russia, not China.2 But, to continue borrowing from Churchill, perhaps there is a key – Chinese national interest and the interest of the Chinese Communist Party.3 This research explores the interaction between political, economic, and legal reform, and posits that the Chongqing incident4 was ultimately a positive turning point in the country’s institutional development. The theory presented herein is that …
The Map Is Not The Territory: How South Africa Followed The Anti-Corruption Roadmap And Got Lost Along The Way,
2015
University of Baltimore Law
The Map Is Not The Territory: How South Africa Followed The Anti-Corruption Roadmap And Got Lost Along The Way, George Langendorf
University of Baltimore Journal of International Law
This paper charts the development of the anti-corruption roadmap and considers whether it has been effective in South Africa. Part I begins with an overview of the FCPA, the first and most influential anticorruption law. Part II reviews the multilateral treaties and conventions that proliferated in the 1990s and early 2000s and that outline the contemporary anticorruption roadmap. Part III focuses on the efforts of South Africa to follow the roadmap, and reviews the laws and institutions it established after acceding to the instruments and treaties described in Part II. Part IV looks at what happened next, summarizing four major …
University Of Baltimore Journal Of International Law Volume 3 No. 2 (2014-2015) Front Matter,
2015
University of Baltimore Law
University Of Baltimore Journal Of International Law Volume 3 No. 2 (2014-2015) Front Matter
University of Baltimore Journal of International Law
No abstract provided.
Emerging Issues: The Case Of Maria Teresa Rivera: The Fight For Reproductive Rights In El Salvador,
2015
University of Baltimore
Emerging Issues: The Case Of Maria Teresa Rivera: The Fight For Reproductive Rights In El Salvador, Carisa Hatfield
University of Baltimore Journal of International Law
In 2011, Maria Teresa Rivera, then a 27-year-old garment factory worker and single mother of a five-year-old son, was working an afternoon shift when she started bleeding. She left work for home and was found later passed out in the bathroom by her mother who took her to the hospital. There she learned she had suffered a miscarriage from a pregnancy that she did not know about, but instead of being treated and released, the hospital reported Maria to the police for aborting her unborn child. She was handcuffed to her hospital bed while seven police officers surrounded and questioned …
Emerging Issues: To Be Or Not To Be, That Is The Statehood Question,
2015
University of Baltimore
Emerging Issues: To Be Or Not To Be, That Is The Statehood Question, Alexandra Rickart
University of Baltimore Journal of International Law
The Montevideo Convention on the Rights and Duties of States lists the four necessary qualifications in order to become a recognized state: a) permanent population; b) defined territory; c) government; and d) capacity to enter into relations with other States.1 However, how does a territory become its own state or part of a new state if it is already a section of another state? There are two different ways this can happen: secession and annexation. While both of these processes are recognized as ways to attain statehood in international law, they are not generally accepted as viable options except in …
Student Comment: Exchange Cooperation For Visas: Flaws In U.S. Immigration System Criminalizes Trafficking Victims,
2015
University of Baltimore
Student Comment: Exchange Cooperation For Visas: Flaws In U.S. Immigration System Criminalizes Trafficking Victims, Laurie Culkin
University of Baltimore Journal of International Law
This student comment explores the Palermo Protocol to the United Nation’s Convention Against Transnational Organized Crime, and the United State’s response, the Trafficking Victim’s Protection Act (TVPA). Under the TVPA, the U.S. made a temporary, nonimmigrant visa, the T-Visa, available to trafficking victims illegally located in the U.S., provided that the victim cooperates with law enforcement to prosecute their trafficker. Though at first blush the TVisa seems like a valuable resource to victims who would otherwise find no immigration relief for violations of criminal and immigration law as a result of their victimization, but in practice the flawed process to …
Masthead,
2015
University of South Carolina
Masthead
South Carolina Journal of International Law and Business
No abstract provided.
The Surprising Acquittals In The Gotovina And Perišić Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep’S Clothing?,
2015
Barry University, Dwayne O. Andreas School of Law
The Surprising Acquittals In The Gotovina And Perišić Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep’S Clothing?, Mark A. Summers
Richmond Journal of Global Law & Business
No abstract provided.
Recognition And Enforcement Of Foreign Judgments - A Second Attempt In The Hague?,
2015
University of Wroclaw Law School
Recognition And Enforcement Of Foreign Judgments - A Second Attempt In The Hague?, Justyna Regan
Richmond Journal of Global Law & Business
No abstract provided.
Talking Foreign Policy,
2015
Case Western Reserve University
Talking Foreign Policy, Michael P. Scharf
Case Western Reserve Journal of International Law
No abstract provided.
What Is The Role Of International Dispute Resolution In Interpreting Domestic Disputes?,
2015
Case Western Reserve University School of Law
What Is The Role Of International Dispute Resolution In Interpreting Domestic Disputes?, Mark A. Barnett
Case Western Reserve Journal of International Law
No abstract provided.
Transitional Justice And The Rule Of Law: Lessons From The Field,
2015
Case Western Reserve University School of Law
Transitional Justice And The Rule Of Law: Lessons From The Field, Elizabeth Andersen
Case Western Reserve Journal of International Law
No abstract provided.
The Metaculture Of Law School Admissions: A Commentary On Lazarus-Black And Globokar,
2015
Hamilton College
The Metaculture Of Law School Admissions: A Commentary On Lazarus-Black And Globokar, Bonnie Urciuoli
Indiana Journal of Global Legal Studies
What does it mean for law school applicants to become, as Mindie Lazarus-Black and Julie Globokar put it, "what the ranking[s] count[]"? What does it mean for foreign applicants to develop responses to the application process by writing essays in certain ways, to project themselves (again as Lazarus-Black and Globokar put it) as "commodified persona[s]"? The application process analyzed by Lazarus-Black and Globokar exemplifies what Greg Urban calls metaculture: cultural forms that point actors toward recognizing and understanding what they do as exemplifying a particular cultural pattern. Metaculture is the mechanism by which culture is reproduced, moving through time and …
Subsaharan Africa,
2015
American University Washington College of Law
Asia & Oceania,
2015
American University Washington College of Law
Middle East & North Africa,
2015
American University Washington College of Law
Middle East & North Africa, Human Rights Brief
Human Rights Brief
No abstract provided.
Europe,
2015
American University Washington College of Law
