Love It Or Hate It, But For The Right Reasons: Pragmatism And The New Haven School's International Law Of Human Dignity,
2012
Osgoode Hall Law School of York University
Love It Or Hate It, But For The Right Reasons: Pragmatism And The New Haven School's International Law Of Human Dignity, Hengameh Saberi
Articles & Book Chapters
This Article presents a novel understanding of pragmatism in the New Haven School of international law. The New Haven Jurisprudence is wrapped in layers of mystification and the scant accounts of its pragmatism in the literature are either entirely mistaken or only partially helpful, betray a vernacular or truncated understanding of pragmatism, and fail to engage with the internal, epistemic structure of the policy-oriented jurisprudence. In response, this Article uncovers a contradictory form of foundationalist pragmatism in the Yale Jurisprudence in a peculiar relationship between its contextualist and problem-solving promises and its unreflective normative commitments to a set of postulated …
Military Lawyers And The Two Cultures Problem,
2012
Georgetown University Law Center
Military Lawyers And The Two Cultures Problem, David Luban
Georgetown Law Faculty Publications and Other Works
Military and humanitarian lawyers approach the laws of war—labeled “law of armed conflict” by the former and “international humanitarian law” by the latter—in very different ways. For military lawyers, the starting point is military necessity, and the reigning assumption is that legal regulation of war must accommodate military necessity. For humanitarian lawyers, the starting point is human dignity and human rights. This article argues that from these radically different axioms legal consequences systematically follow regarding treaty interpretation, the sources and reach of customary international law, the nature of international law, deference and discretion to military commanders, and the connection between …
Institutionalizing Democracy In Africa: A Comment On The African Charter On Democracy, Elections And Governance,
2012
Georgetown University Law Center
Institutionalizing Democracy In Africa: A Comment On The African Charter On Democracy, Elections And Governance, Patrick J. Glen
Georgetown Law Faculty Publications and Other Works
This article provides an exegesis of the recently entered-into-force African Charter on Democracy, Elections and Governance. Democracy has a decidedly mixed history in Africa and, despite a concerted effort by the African Union (AU), it has made only halting inroads in those states that are nondemocratic or struggling to consolidate democracy. That may change as more states ratify and implement the Charter, a comprehensive regional attempt to promote, protect, and consolidate democracy that entered into force in February 2012. This Charter, the culmination of two decades of African thinking on how democracy should develop on the continent, represents the AU’s …
Train Wreck: The U.S. Violation Of The Chemical Weapons Convention,
2012
Georgetown University Law Center
Train Wreck: The U.S. Violation Of The Chemical Weapons Convention, David A. Koplow
Georgetown Law Faculty Publications and Other Works
The 1993 Chemical Weapons Convention (CWC) is one of the most important multilateral arms control instruments; it requires its 188 parties to refrain from producing, acquiring, retaining or using chemical weapons (CW) and to destroy their existing CW stockpiles by a fixed date. The United States and Russia declared the possession of the world’s largest CW inventories and have been working assiduously to incinerate, chemically neutralize or otherwise dispose of their respective caches. Unfortunately, neither country met the treaty’s April 29, 2012 final, non-extendable deadline. The United States managed to destroy 90% of its CW stocks on time, but under …
Of Wife And The Domestic Servant In The Arab World,
2012
Georgetown University Law Center
Of Wife And The Domestic Servant In The Arab World, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
The author asserts to avoid common misunderstandings on the relevance of Sharia to modern women in the Arab World that a) Shari’s relevance to the lives of modern women in the Arab World has been largely confined to the area of family law, b) in the modern nation state Sharia has been codified, i.e., certain rules derived from Islamic jurisprudence on the family have been selected and passed as laws, each nation state having its own unique combination of such rules, c) the courts and the judges who adjudicate disputes on family law are either secular courts/judges, or judges trained …
Alien Tort Claims And The Status Of Customary International Law,
2012
Georgetown University Law Center
Alien Tort Claims And The Status Of Customary International Law, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
Much of the recent debate about the status of customary international law in the U.S. legal system has revolved around the alien tort provision of the Judiciary Act of 1789, currently section 1350 of Title 28. In Filártiga v. Peńa-Irala, the decision that launched modern human rights litigation in the United States, the Court of Appeals for the Second Circuit relied on the view that customary international law has the status of federal common law in upholding section 1350’s grant of federal jurisdiction over a suit between aliens. The court’s position that customary international law was federal law was …
Lessons From Social Psychology For Complex Operations,
2012
Georgetown University Law Center
Lessons From Social Psychology For Complex Operations, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
This short essay looks at several social forces that powerfully affect human behavior, often trumping individual “character,” personality, knowledge, and even deeply held moral beliefs. Specifically, this essay looks briefly at issues of obedience, conformity, and group polarization, discussing the ways in which they can affect and distort individual behavior. Ultimately, this essay suggests, understanding these dynamics can have important implications for how we think about counterinsurgency and stability operations.
Democracy Promotion: Done Right, A Progressive Cause,
2012
Georgetown University Law Center
Democracy Promotion: Done Right, A Progressive Cause, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
By the beginning of the Obama Administration, democracy promotion had become a rather tarnished idea, and understandably so. Like Islam or Christianity, much blood has been shed beneath its banner. It may be true that democracies don’t go to war with one another, but they certainly go to war, and their wars kill people just as dead as the wars undertaken by illiberal regimes. Anyone on the political left can tell the story: During the Cold War, the United States fought endless proxy wars and engaged in a great deal of overt and covert mischief, all in the name of …
Shifting Public Health Priorities And The Global Effort To Prevent A Bird Flu Pandemic,
2012
Saint Louis University School of Law
Shifting Public Health Priorities And The Global Effort To Prevent A Bird Flu Pandemic, Robert Gatter
All Faculty Scholarship
Global strategy to control highly pathogenic avian influenza (HPAI) has changed dramatically since 2003 when it was first reported that a confirmed bird flu jumped the species barrier to infect a human in Hong Kong. Evidence of this shift in priorities in the global fight against HPAI can be found most clearly in program funding trends. In late 2008 and into 2009, financial commitments from international donors for all HPAI programs dropped significantly. Meanwhile, within HPAI programs, funding shifted substantially away from animal biosecurity projects and into human response and preparedness work. This Article examines three reasons for this shift …
Sovereign Wealth Funds And Global Finance,
2012
Columbia Law School
Sovereign Wealth Funds And Global Finance, Katharina Pistor
Faculty Scholarship
This chapter focuses on a number of specific sovereign wealth funds (SWFs) whose portfolios indicate strong interests in finance both in their home countries and abroad. It first reviews empirical evidence that shows SWFs having been major investors in Western financial intermediaries for decades. It then considers the organization and governance of SWFs, with particular emphasis on the three main schools of thought as well as the predictions one can derive from them vis-à-vis the behavior of individual actors in the global financial network: economic theories, economic sociology, and political economy. It also presents case studies that “test” these theories …
The Second Annual Environmental Law And Justice Symposium Issue,
2012
Florida A & M University College of Law
The Second Annual Environmental Law And Justice Symposium Issue, Randall S. Abate
Florida A & M University Law Review
No abstract provided.
Environmental Justice With Chinese Characteristics: Recent Developments In Using Environmental Public Interest Litigation To Strengthen Access To Environmental Justice,
2012
Florida A&M University College of Law
Environmental Justice With Chinese Characteristics: Recent Developments In Using Environmental Public Interest Litigation To Strengthen Access To Environmental Justice, Jingjing Liu
Florida A & M University Law Review
China's unprecedented economic growth and rapid urbanization in the past three decades has exerted a heavy toll on the country's environment. Set against the backdrop of China's daunting environmental challenges, this article will first discuss how the environmental justice issue manifests itself on Chinese soil and how its evolvement differs from the American experience. This discussion will be followed by an analysis on how environmental public interest litigation, inspired by citizen suits in the U.S., has been fermenting in China and advocated by environmentalists as a new approach to broaden and strengthen access to environmental justice. The article will then …
Biopiracy In The Brazilian Amazon: Learning From International And Comparative Law Successes And Shortcomings To Help Promote Biodiversity Conservation In Brazil,
2012
Florida A&M University College of Law
Biopiracy In The Brazilian Amazon: Learning From International And Comparative Law Successes And Shortcomings To Help Promote Biodiversity Conservation In Brazil, Vanessa Danley
Florida A & M University Law Review
No abstract provided.
How The Internet Is Used To Facilitate The Trafficking Of Humans As Sex Slaves,
2012
FAMU College of Law
How The Internet Is Used To Facilitate The Trafficking Of Humans As Sex Slaves, Cheryl Page
Journal Publications
Human trafficking is, sadly, a part of the fabric of the 21st century global community, but it has different goals than those of sex trafficking. One expert defines human trafficking as “‘an opportunistic response’ to the tension between the economic necessity to migrate . . . and the politically motivated restrictions on migration”. To give an idea of how widespread sex trafficking is, understand that it is now more profitable for criminals to sell women for sex than it is to sell drugs. Drugs are disposable and finite. Women can be resold over and over and over again. These “commodities” …
Adios To Paradise: The Yacyreta Dam And The Destruction Of Environmental And Human Rights,
2012
Florida A&M University College of Law
Adios To Paradise: The Yacyreta Dam And The Destruction Of Environmental And Human Rights, Itzchak E. Kornfeld
Florida A & M University Law Review
No abstract provided.
Environmental Rights In International Law: Explicitly Recognized Or Creatively Interpreted,
2012
Florida A&M University College of Law
Environmental Rights In International Law: Explicitly Recognized Or Creatively Interpreted, Svitlana Kravchenko
Florida A & M University Law Review
No abstract provided.
China's Internet Policies Within The Global Community,
2012
Florida A&M University College of Law
China's Internet Policies Within The Global Community, Omar Saleem
Journal Publications
No abstract provided.
The Strong Arm Of The Law Is Weak: How The Tvpa Fails To Effectively Assist Victims Of The Sex Trade,
2012
FAMU College of Law
The Strong Arm Of The Law Is Weak: How The Tvpa Fails To Effectively Assist Victims Of The Sex Trade, Cheryl Page
Journal Publications
Acts that occur in the underbelly of our global community can be shocking to many, but they occur every night and day right in our own neighborhoods. Sex trafficking, a derivative of human trafficking, is occurring in epidemic proportions on a global scale while the victims are suffering in silence. Sexual exploitation has taken the media forefront in recent years.' Much legislation has been passed to try to curb this illegal marketing of innocent women and children. Laws in various countries have been evaluated, studied, and researched and lead to the sad conclusion that these laws alone are insufficient in …
Cybercrime,
2012
Florida A & M University College of Law
Cybercrime, Ronald C. Griffin
Journal Publications
This essay recounts campaigns against privacy; the fortifications erected against them; and hi-jinx attributable to hackers, crackers, and miscreants under the Fair Credit Reporting Act.
Economic Development And The Problem With The Problem-Solving Approach,
2012
University of Colorado Law School
Economic Development And The Problem With The Problem-Solving Approach, Justin Deystone
Publications
Scholars and practitioners alike have recently pointed to the idea of a "new moment" in the field of law and economic development, as well as a hope for a fruitful rethinking of political economy. The idea is that we have passed out of the period of high "neoliberalism," associated at one time with Reagan, Thatcher, and the so-called Washington Consensus and now eclipsed by the ascendance of the Obama Administration. The hope attending the new consensus is that, in the wake of neoliberal law and policy, the field of law and development might be on the verge of a new …
