Book Review Of Intellectual Property And Human Development: Current Trends And Future Scenarios,
2011
University of Minnesota Law School
Book Review Of Intellectual Property And Human Development: Current Trends And Future Scenarios, Benjamin J. Keele
Library Staff Publications
No abstract provided.
The International Criminal Court And Justice On The Ground,
2011
Georgetown University Law Center
The International Criminal Court And Justice On The Ground, Jane E. Stromseth
Georgetown Law Faculty Publications and Other Works
It is wonderful to be here today to celebrate Justice O'Connor's 80th birthday and to honor her enormous contribution to our national civic life. Let me acknowledge up front that the title of my essay conveys a certain double meaning. Justice O'Connor has always been a "justice on the ground." Grounded in experience and practical wisdom, she has always been concerned with the practical impact of Supreme Court decisions, and very determined that decisions should be understandable to the public (no footnotes allowed!). Moreover, her current work on "Our Courts" recognizes that maintaining fair, independent courts depends crucially on public …
The Beasts In The Jungle: Animal Welfare In International Law,
2011
Schulich School of Law, Dalhousie University
The Beasts In The Jungle: Animal Welfare In International Law, Catherine Sykes
LLM Theses
Animal welfare has emerged as a pervasive concern in modern international law. The purpose of this study is to situate the international legal principle protecting the welfare of animals within the broader framework of international law. The study uses a constructivist model to develop a theory of the place of animal welfare in the international legal regime that has due regard for cultural differences and the diversity of international society. The historical antecedents for an obligation to protect animal welfare in various global cultures are considered. The argument posits an internationally recognized principle of humane treatment of animals based on …
The Power Of Definition: Brazil's Contribution To Universal Concepts Of Indigeneity,
2011
University of Richmond
The Power Of Definition: Brazil's Contribution To Universal Concepts Of Indigeneity, Jan Hoffman French
Sociology and Anthropology Faculty Publications
This article builds on discussions about the potential benefits and difficulties with developing a universal definition of indigenous peoples. It explores the spaces made available for theorizing indigeneity by the lack of a definition in the United Nations Declaration on the Rights of Indigenous Peoples, adopted in 2007. Specifically, this article addresses the challenge presented by the diversity of groups claiming indigenous status in Brazil. To what extent do distinct cosmologies and languages that mark Amazonian Indians as unquestionably indigenous affect newly recognized tribes in the rest of Brazil who share none of the indicia of authenticity? This article theorizes …
Getting To Stay: Clarifying Legal Treatment Of Improper Adoptions,
2011
WilmerHale
Getting To Stay: Clarifying Legal Treatment Of Improper Adoptions, Elena Schwieger
NYLS Law Review
No abstract provided.
Introduction To The Environmental Law And Justice Symposium Issue,
2011
Florida A & M University College of Law
Introduction To The Environmental Law And Justice Symposium Issue, Randall S. Abate, Robert H. Abrams, Robert Graggs
Florida A & M University Law Review
No abstract provided.
An Emerging Norm - Determining The Meaning And Legal Status Of The Responsibility To Protect,
2011
University of Michigan Law School
An Emerging Norm - Determining The Meaning And Legal Status Of The Responsibility To Protect, Jonah Eaton
Michigan Journal of International Law
The responsibility to protect, from its recent nativity in the 2001 report of the International Commission on Intervention and State Sovereignty (ICISS), is the latest round in an old debate pitting the principle of nonintervention in the internal affairs of states against allowing such intervention to prevent gross and systematic violations of human rights. Advocates for the concept see it as an important new commitment by the international community, injecting new meaning into the tragically threadbare promise to never again allow mass atrocities to occur unchallenged. ICISS offered the concept of responsibility to protect as a new way to confront …
International Law As Law, Law As A System Of Rule-Governed Conduct,
2011
Villanova University Charles Widger School of Law
International Law As Law, Law As A System Of Rule-Governed Conduct, John Lawrence Hargrove
Villanova Law Review (1956 - )
The article discusses international law and systems of rule-governed conduct as of July 2011, focusing on the roles of claimants and recalcitrants in a legal system, as well as the international law mechanisms for developing additional rules within a legal system. The views of philosopher John Locke regarding the law are examined, including his idea of a common judge.
William Howard Taft And The Taft Arbitration Treaties,
2011
Villanova University Charles Widger School of Law
William Howard Taft And The Taft Arbitration Treaties, John E. Noyes
Villanova Law Review (1956 - )
An essay is presented on former U.S. President William Howard Taft, focusing on his views towards international law, the two Taft Arbitration Treaties with France and Great Britain, and his role as Chief Justice of the U.S. Supreme Court. Taft's role as the head of the League to Enforce Peace following his presidency is also examined.
The Political Economy Of Jus Cogens,
2011
Vanderbilt University Law School
The Political Economy Of Jus Cogens, Paul B. Stephan
Vanderbilt Journal of Transnational Law
This Article examines the basis of an asserted jus cogens exception to sovereign immunity. It demonstrates that the vision of jus cogens one embraces depends on background assumptions about the present and future of the international system. A robust conception of jus cogens assumes: (1) that independent judges and tribunals, informed by the views of non-state actors, can identify core international obligations and manage their tradeoffs with other values pursued by the international legal system, and (2) that the actions of independent judges and tribunals, informed by non-state actors, will influence state behavior. Doubts about the abilities of judges and …
The International Law Of State Immunity And Its Development By National Institutions,
2011
Vanderbilt University Law School
The International Law Of State Immunity And Its Development By National Institutions, Christian Tomuschat
Vanderbilt Journal of Transnational Law
The proceedings between Germany and Italy currently pending before the International Court of Justice have revived interest in the legal regime of jurisdictional immunity of states. Germany charges Italy with violating the basic rule of state immunity by entertaining reparation claims brought before its civil courts by victims of serious breaches of international humanitarian law committed by Nazi Germany during World War II. Jurisdictional immunity is not absolute, but it remains preserved for truly governmental acts like military operations. None of the generally recognized exceptions apply in the German-Italian dispute. Damages resulting from international armed conflict are not covered by …
Examining The International Judicial Function: International Courts As Dispute Resolvers,
2011
University of Colorado Law School
Examining The International Judicial Function: International Courts As Dispute Resolvers, Anna Spain
Publications
This article examines the judicial function of international courts by considering both what it is and what it ought to be. The article identifies and describes two distinct functions - dispute settlement and peace promotion - and explores the tensions that exist in pursuing these two aims. It then introduces a third way of understanding the international judicial function that respects international courts’ traditional role as dispute settlers while allowing for their more engaged and proactive function as peacemakers. This third approach conceptualizes that the role of international courts is to resolve disputes. Doing so requires understanding courts as entities …
An Unintended Casualty Of The War On Terror,
2011
University of Colorado Law School
An Unintended Casualty Of The War On Terror, Aya Gruber
Publications
As the dust of the Bush administration's war on terror settles, casualties are starting to appear on the legal battlefield. The United States' human rights reputation and the Supreme Court's international influence lay wounded in the wake of U.S. policies that flouted international law by advocating torture, suborning indefinite detention, and erecting irregular tribunals. Through declining citation, the courts of the world are telling the Supreme Court that if it does not respect international and foreign law, international and foreign courts will not respect it. Some might object that the Supreme Court should not be lumped with the Bush administration …
A Tale Of Two Carbon Sinks: Can Forest Carbon Management Serve As A Framework To Implement Ocean Iron Fertilization As A Climate Change Treaty Compliance Mechanism?,
2011
Florida A & M University College of Law
A Tale Of Two Carbon Sinks: Can Forest Carbon Management Serve As A Framework To Implement Ocean Iron Fertilization As A Climate Change Treaty Compliance Mechanism?, Randall S. Abate
Journal Publications
Any post-Kyoto climate change treaty regime must seek to fully engage the use of carbon sinks to complement emissions reduction measures in order to comply with the treaty's mandates. The Kyoto Protocol did not include avoided deforestation as a mechanism for earning emission reduction credits. However, reducing emissions from deforestation and degradation (REDD) quickly gained popularity as a viable climate change compliance strategy in the period immediately preceding the negotiations at the Fifteenth Conference of the Parties (COP 15) in Copenhagen in 2009. The Copenhagen Accord is replete with references to REDD as a focus for the international community's progression …
Repair Versus Rejuvenation: The Condition Of Vaginas As A Proxy For The Societal Status Of Women,
2011
Florida A&M University College of Law
Repair Versus Rejuvenation: The Condition Of Vaginas As A Proxy For The Societal Status Of Women, Patricia A. Broussard
Journal Publications
No abstract provided.
First, Do No Harm: Response To “If You Prick Me”,
2011
FAMU College of Law
First, Do No Harm: Response To “If You Prick Me”, Patricia A. Broussard
Journal Publications
Brianna Lennon makes several cogent and persuasive arguments about Female Genital Mutilation (“FGM”) in her recently published Student Note entitled, If You Prick Me: The American Academy of Pediatrics’ Female Genital Cutting Policy Turnabout. She successfully articulates why she believes that by prohibiting FGM, opponents are in effect reinforcing it as a tie to the former culture or country. However, although Ms. Lennon makes some sound points, she overlooks and thereby, fails to answer the most obvious question which is, who owns a woman’s body? If one reaches the conclusion that a woman owns her body, then the logical extension …
Benevolent Assistance Or Bureaucratic Burden?: Promoting Effective Haitian Reconstruction, Self-Governance, And Human Rights Under The Right To Development,
2011
Florida A & M University College of Law
Benevolent Assistance Or Bureaucratic Burden?: Promoting Effective Haitian Reconstruction, Self-Governance, And Human Rights Under The Right To Development, Jeffery M. Brown
Journal Publications
This Article examines the capacity of regional organizations to coordinate foreign assistance and development programs in underdeveloped states, and in doing so, to promote the transformation of the Right to Development (RTD) - which stresses the right of nations and their people to progress in a manner that insures their ability to meet basic material, security and social needs -from conceptual template to a binding normative framework under international law. As the poorest state in the western hemisphere, but also the recipient of significant influxes of foreign aid, Haiti exemplifies the underdevelopment dilemma. For despite the large sums of aid …
A Hypothetical Postulate For The Polemic Of Extraordinary Rendition Vis-A-Vis The Paradigm Of Asymmetric Warfare,
2011
Florida A&M University College of Law
A Hypothetical Postulate For The Polemic Of Extraordinary Rendition Vis-A-Vis The Paradigm Of Asymmetric Warfare, John C. Duncan, Jr.
Journal Publications
This article presents a controversial hypothetical approach to a side of the polemic regarding extraordinary rendition. War is not always controlled by rules, fairness, or ethics. The United States would prefer the foregoing if forced to go to war, but the enemy may not follow the same approach. As a result, the United States becomes hampered by unilaterally self-imposed rules and standards. Conceivably, we could fail to achieve our military objective because of the enemy's adherence to a very different approach and beliefs regarding warfare. Were we to have the privilege of fighting under relatively similar rules with the other …
Mediation Representation: Representing Clients Anywhere,
2011
Touro College Jacob D. Fuchsberg Law Center
Mediation Representation: Representing Clients Anywhere, Harold Abramson
Scholarly Works
No abstract provided.
Redesigning Global Trade Institutions,
2011
Touro Law Center
Redesigning Global Trade Institutions, John Linarelli
Scholarly Works
This is a draft of an essay for the symposium, 2021: International Law Ten Years from Now, held by the Southwestern Journal of International Law in cooperation with the International Law Association (American Branch) Weekend West. The essay deals with two questions. First, what is to be of the WTO and world trade institutions generally? It examines the rise of regionalism in international trade agreements and possible roles for variable geometry for the WTO. The essay critiques proposals to move towards (or back to) plurilateralism for the WTO. Second, what should trade agreements do? This question goes to the core …
