International Law Commons^™

Lochner Disembedded: The Anxieties Of Law In A Global Context, Peer Zumbansen

Indiana Journal of Global Legal Studies

This paper explores, in an inevitably cursory manner, some of the main challenges facing a legal theory of transnational governance today. In part building on and responding to William Twining's identification of key problems of law in a global context (2009; 2012), the following paper adopts a two-fold approach. One element is to suggest a conceptual architecture, which captures law in its transformational state through a focus on actors, norms, and processes. Second, the paper proposes case

studies as a central methodological device to explore the nature, scope, and function of governance-both legal and nonlegal-in a global context. Through the …

Plugging The Democracy Drain In The Struggle For Universal Access To Safe Drinking Water, Tara Paul

Indiana Journal of Global Legal Studies

Privatization of water delivery services has become a global trend as states seek ways to shift both political and economic costs to private actors. The advantage of privatization is that it relieves governments of the daunting expense of repairing and expanding water infrastructure in order to improve quality and reach marginalized communities. But water privatization has also been deeply criticized for corrupt practices, increasing prices to the poor, undermining human rights objectives, and dodging accountability. This note aims to find middle ground, acknowledging that privatization is an important tool to increase freshwater access, but that treating water as a human …

Applicability Of Combatant Status To Pirates, The Pilpg

War Crimes Memoranda

No abstract provided.

Indigenous Peoples' Right To Free, Prior, And Informed Consent In The Context Of State-Sponsored Development: The New Standard Set By Sarayaku V; Ecuador And Its Potential To Delegitimize The Belo Monte Dam, Upasana Khatri

American University International Law Review

No abstract provided.

Successes, Failures, And Remaining Issues Of The Justice System Reform In Japan: An Introduction To The Symposium Issue, Setsuo Miyazawa

UC Law SF International Law Review

No abstract provided.

Historical Genealogy Of Japan's Judicial Reform: Its Achievements And Challenges, Shunsuke Marushima

UC Law SF International Law Review

No abstract provided.

Adjusting Course: Proposals To Recalibrate Japan's Law Schools And Bar Exam System, Eric C. Sibbitt

UC Law SF International Law Review

No abstract provided.

A Step In The Right Direction For Japan's Judicial Reform: Impact Of The Justice System Reform Council Recommendations On Criminal Justice And Citizen Participation In Criminal, Civil, And Administrative Litigation, Hiroshi Fukurai

UC Law SF International Law Review

No abstract provided.

The Difficulty Of Enforcing American Family Law Judgments In Japan, James B. Kildunne

UC Law SF International Law Review

This Note examines modem Japanese family law, focusing particularly on Japan's failure to ratify the Hague Convention on the Civil Aspects of International Child Abduction and the difficulty that poses for parents seeking to enforce custody orders from their home country in Japan; the formal, functional, and cultural limitations within the Japanese legal system that make joint custody between separated parents very difficult to achieve; procedures in place in the United States at both the local and federal level to prevent international child abduction; and, finally, a recommendation that the United States utilize its unique relationship with Japan to urge …

The Impact Of The Human Provincial Administrative Procedure Provisions, Peter Witherington

UC Law SF International Law Review

In April, 2008, Zhou Qiang, then the governor of Hunan Province (and current president of China's Supreme People's Court), presided over the adoption of the Hunan Provincial Administrative Procedure Provisions ("Provisions"). At its passage, this regulation represented the first comprehensive code of administrative procedure to be adopted in the People's Republic of China. This Note contends that Provisions represent a departure for administrative procedure in China, and should be viewed as a positive, if preliminary, step towards comprehensive rule of law.

Beginning with a brief overview of modern Chinese administrative law and its theoretical underpinnings, this Note presents the argument …

The Trials And Tribulations Of Japan's Legal Education Reforms, Daniel H. Foote

UC Law SF International Law Review

No abstract provided.

Japan's Judicial System May Change, But Its Fundamental Nature Says Virtually The Same: Recent Japanese Reforms On The Judicial Appointment And Evaluation, Takayuki Ii

UC Law SF International Law Review

No abstract provided.

Circumstances That Would Prejudice Impartiality: The Meaning Of Fairness In Japanese Jurisprudence, Mark A. Levin

UC Law SF International Law Review

No abstract provided.

Enforcing Online Arbitration Agreements For Cross-Border Consumer Small Claims In China And The United States, Philip Johnson

UC Law SF International Law Review

This Article analyzes the enforceability of provisions found in international business-to-consumer contracts that mandate online arbitration between the parties to resolve their disputes.

Specifically, the Article assesses the applicability of the New York Convention, Chinese law, and United States law to contracts that require online arbitration for disputes that arise out of low value transactions between businesses and consumers in China and the United States. The Article concludes with recommendations for changes in the law that aim to improve online dispute resolution, thereby promoting online commercial activity.

The Unanimous Verdict According To The Talmud: Ancient Law Providing Insight Into Modern Legal Theory, Ephraim Glatt

Pace International Law Review Online Companion

Part I of this paper will provide background information regarding the current academic discussion surrounding the unanimous verdict. Part II will discuss the startling Talmudic passage on the unanimous verdict. It will additionally focus on one explanation that radically reinterprets this passage. Part IIIA will introduce two schools of thought on the rationale behind the anti-unanimity rule. Part IIIB will highlight two areas of modern legal theory affected by such rationales.

The Need For International Laws Of War To Include Cyber Attacks Involving State And Non-State Actors, Christopher D. Deluca

Pace International Law Review Online Companion

This article argues that existing international laws of war are inadequate and need to be adjusted and clearly defined to include cyber attacks involving state and non-state actors. Part II of this article describes the different forms and increasing use of cyber attacks in international conflicts. Part III focuses on the importance and relevance of non-state actors in the international community and today’s asymmetric battlefield. Part IV discusses the applicability of current international laws of war to cyber attacks. Part V of this article suggests ways in which current international law can be improved to include and regulate cyber attacks …

Conceptions Of Civil Society In International Lawmaking And Implementation: A Theoretical Framework, Laura Pedraza-Farina

Michigan Journal of International Law

The last two decades have seen an unprecedented explosion in the number of civil society organizations seeking to influence national and international policy making and implementation. Global leaders, activists, scholars, and policy experts have increasingly called for the inclusion of civil society in international governance and in the national implementation of international commitments. Most recently, the wave of civil uprisings that swept the Middle East and North Africa has put fostering civil society participation high on the agenda of national governments and international organizations. Indeed, most international organizations have devised mechanisms to engage with civil society and regard civil society …

The Michigan Guidelines On The Exclusion Of International Criminals

Michigan Journal of International Law

With a view to promoting a shared understanding of the proper approach to Article 1(F)(a) exclusion from refugee status, we have engaged in sustained collaborative study and reflection on relevant norms and state practice. Our research was debated and refined at the Sixth Colloquium on Challenges in International Refugee Law, convened in March 2013 by the University of Michigan’s Program in Refugee and Asylum Law. These Guidelines are the product of that endeavor, and reflect the consensus of Colloquium participants on how decision makers can best ensure the application of Article 1(F)(a) in a manner that conforms to international legal …

Resilience In Transboundary Water Governance: The Okavango River Basin, Barbara Cosens

Articles

When the availability of a vital resource varies between times of overabundance and extreme scarcity, management regimes must manifest flexibility and authority to adapt while maintaining legitimacy. Unfortunately, the need for adaptability often conflicts with the desire for certainty in legal and regulatory regimes, and laws that fail to account for variability often result in conflict when the inevitable disturbance occurs. Additional keys to resilience are collaboration among physical scientists, political actors, local leaders, and other stakeholders, and, when the commons is shared among sovereign states, collaboration between and among institutions with authority to act at different scales or with …

Or A Treaty Of The United States: Treaties And The Alien Tort Statute After Kiobel, Geoffrey R. Watson

Scholarly Articles

The decision in Kiobel v. Royal Dutch Petroleum Co. left open a number of questions about the scope of the Alien Tort Statute (ATS). One such question is the extent to which Kiobel ’s holding on extraterritoriality applies to the oft-neglected final words of the ATS: “The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” What if one such treaty obliged the United States to provide a civil forum for litigation ofhumanrights violations that occurred abroad …