Sources,
2010
University of Michigan Law School
Sources, Christine Chinkin
Book Chapters
This chapter outlines the sources of international human rights law that are listed in Article 38(1) Statute of the International Court of Justice: treaties, custom, general principles of law, and, as subsidiary sources, judicial decisions and the writings of jurists. The chapter also considers how so-called 'soft law' instruments such as resolutions of the UN General Assembly and the work of human rights expert bodies may also be regarded as sources of human rights law.
Balancing Judicial Cognizance And Caution: Whether Transnational Corporations Are Liable For Foreign Bribery Under The Alien Tort Statute,
2010
Thomas Goode Jones School of Law, Faulkner University
Balancing Judicial Cognizance And Caution: Whether Transnational Corporations Are Liable For Foreign Bribery Under The Alien Tort Statute, Matt A. Vega
Michigan Journal of International Law
In the process of applying the ATS to foreign bribery, this Article will examine several unresolved issues surrounding this statutory grant. It will seek to (1) determine what constitutes a "violation of the law of nations," (2) refute the proposition that private defendants may be prosecuted under the ATS for only the most shocking and egregious jus cogens violations, (3) determine when and to what extent state action is required in ATS litigation, and (4) examine the limitations of the fundamental principles of international law on ATS litigation.
The Use Of Article 31(3)(C) Of The Vclt In The Case Law Of The Ecthr: An Effective Anti-Fragmentation Tool Or A Selective Loophole For The Reinforcement Of Human Rights Teleology?,
2010
University of Michigan Law School
The Use Of Article 31(3)(C) Of The Vclt In The Case Law Of The Ecthr: An Effective Anti-Fragmentation Tool Or A Selective Loophole For The Reinforcement Of Human Rights Teleology?, Vassilis P. Tzevelekos
Michigan Journal of International Law
In Part I the Article will briefly introduce the question of the fragmentation of international law, and will more extensively delineate the role that the ILC attributed to Article 31(3)(c) and the ILC's expectations regarding its success in this role. Next, Part II will give an overview of the special elements of the ECHR socio-normative environment, which gave rise to the case law into which Article 31(3)(c) came into force. The Article will argue that, in addition to benefiting from the very special nature of the ECHR, the Strasbourg Court also has a significant number of interpretative tools that allow …
Misappropriation Of Shuar Traditional Knowledge (Tk) And Trade Secrets: A Case Study On Biopiracy In The Amazon,
2010
University of Florida Levin College of Law
Misappropriation Of Shuar Traditional Knowledge (Tk) And Trade Secrets: A Case Study On Biopiracy In The Amazon, Winston P. Nagan, Eduardo J. Mordujovich, Judit K. Otvos, Jason Taylor
UF Law Faculty Publications
Where the murkiness of biopiracy as a general matter leaves little room for legal theory to anchor, the relative clarity of specific instances of biopiracy may provide sufficient factual information from which to develop appropriate legal theories. In particular, the way biopiracy has been used to misappropriate the traditional knowledge (TK) of the Shuar Nation of Ecuador suggests that there may be legal theories for which the process of misappropriation may give rise to liability under international law as well as under developments in the domestic laws of the United States and Ecuador. The possible efficacy and legal coherence of …
Approaching Visible Justice: Procedural Safeguards For Mental Examinations In China's Capital Cases,
2010
UC Law SF
Approaching Visible Justice: Procedural Safeguards For Mental Examinations In China's Capital Cases, Zhiyuan Guo
UC Law SF International Law Review
In 2008, the Yang Jia cop-killing case became both a national sensation and received worldwide attention. The ensuing vehement debate over Yang Jia's mental fitness and the legitimacy of mental examinations in the case served as the inspiration for this Article. Part I examines procedural flaws in the handling of Yang Jia's case, particularly problems with the mental examinations. Part II addresses the background issue: What led to the tragic disposition of Yang Jia's case? By providing a general overview of the existing legal provisions relating to mental examinations in criminal cases in China, the author concludes that it is …
Tainted Milk: What Kind Of Justice For Victims' Families In China,
2010
UC Law SF
Tainted Milk: What Kind Of Justice For Victims' Families In China, Yungsuk Karen Yoo
UC Law SF International Law Review
The Chinese government's reaction to the fallout from the 2008-2009 tainted milk scandal paints a vivid picture of modem Chinese legal culture and the development of the rule of law. Quick to institute criminal prosecutions but barring affected families from bringing civil suits, the government continues to maintain a firm grip on the courts, preferring to resolve disputes through mediation and settlement. Meanwhile, the Sanlu case marks a turning point in dispute resolution in China, testing the limits of access to justice for private litigants who bring tort law claims in Chinese courts. As China becomes a major global economic …
East Asian Order Formation And Sino-Japanese Relations,
2010
Party School of CPC Central Committee, China
East Asian Order Formation And Sino-Japanese Relations, Men Honghua
Indiana Journal of Global Legal Studies
Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009
Introduction: Eastphalia Emerging?: Asia, International Law, And Global Governance,
2010
Indiana University Maurer School of Law
Introduction: Eastphalia Emerging?: Asia, International Law, And Global Governance, David Fidler
Indiana Journal of Global Legal Studies
Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009
Eastphalia As The Perfection Of Westphalia,
2010
University of Chicago Law School
Eastphalia As The Perfection Of Westphalia, Tom Ginsburg
Indiana Journal of Global Legal Studies
Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009
Pursuing Health As Foreign Policy: The Case Of China,
2010
Seton Hall University
Pursuing Health As Foreign Policy: The Case Of China, Yanzhong Huang
Indiana Journal of Global Legal Studies
Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009
India And Eastphalia,
2010
Indiana University Maurer School of Law
India And Eastphalia, David Fidler, Sumit Ganguly
Indiana Journal of Global Legal Studies
Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009
National Jurisdiction And Global Business Networks (Earl A. Snyder Lecture In International Law),
2010
Indiana University Maurer School of Law
National Jurisdiction And Global Business Networks (Earl A. Snyder Lecture In International Law), Hannah Buxbaum
Indiana Journal of Global Legal Studies
Earl A. Snyder Lecture in International Law, November 1, 2007, Lauterpacht Centre for International Research, University of Cambridge.
Human Security With An Asian Face?,
2010
Ministry of Foreign Affairs and Trade, Republic of Korea
Human Security With An Asian Face?, Sung Won Kim
Indiana Journal of Global Legal Studies
Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009
Un Peacekeeping: A Sheep In Wolves Clothing? Review Of Un Peacekeeping In Lebanon, Somalia And Kosovo: Operational And Legal Issues In Practice,
2010
Florida A&M University College of Law
Un Peacekeeping: A Sheep In Wolves Clothing? Review Of Un Peacekeeping In Lebanon, Somalia And Kosovo: Operational And Legal Issues In Practice, Jeremy I. Levitt
Journal Publications
Scholars and practitioners have been debating the legal and operational aspects of UN military operations since its enforcement actions in North Korea in 1950 and the Congo in 1960 (UN Operation in the Congo [ONUC]). Since then, the UN Security Council (UNSC) has authorized some semblance of enforcement action in Kuwait, Somalia, the former Yugoslavia, Kosovo, East Timor and Albania, and authorized, sanctioned or co-deployed forces in Liberia, Sierra Leone, the Central African Republic, the Democratic Republic of the Congo, Coˆte d’Ivoire and Sudan. The scholarly literature is abundant with analysis of nearly every aspect of peacekeeping and peace enforcement …
Traditional Knowledge: Is Perpetual Protection A Good Idea,
2010
University of Miami School of Law
Traditional Knowledge: Is Perpetual Protection A Good Idea, J. Janewa Osei-Tutu
Articles
No abstract provided.
United States Of America Experience With And Administrative Practice Concerning Mutual Assistance In Tax Affairs,
2010
Saint Louis University School of Law
United States Of America Experience With And Administrative Practice Concerning Mutual Assistance In Tax Affairs, Henry Ordower
All Faculty Scholarship
This report was part of the project for the 2009 meeting of the European Association of Tax Law Professors in Santiago de Compostela, Spain. The general reporter for the project was Professor Dr. Roman Seer, Ruhr Universität, Bochum, Germany. The report identifies and discusses United States cooperation with the member states of the European Union through treaties and other agreements on matters of sharing tax and taxpayer information and assisting in assembling tax information and collecting tax revenue. The United States report responds to questions that the general reporter posed and provides additional information concerning United States tax procedure.
Disintegrating Customary International Law: Reactions To Withdrawing From International Custom,
2010
Indiana University Maurer School of Law
Disintegrating Customary International Law: Reactions To Withdrawing From International Custom, Christiana Ochoa
Articles by Maurer Faculty
Withdrawing from International Custom, a recent article by Curtis Bradley and Mitu Gulati, has sparked interest and debate. Bradley and Gulati’s article, develops with significant nuance and detail that, naturally, can be best understood by a careful reading of their work. In essence, it proposes a modification in customary international law (CIL) doctrine – a change that would permit states to unilaterally exit from existing customary international law. This Essay will act as a brief reflection on that article. In Part I, it will explore the analogies Withdrawing makes between CIL and contract and will argue, first that CIL and …
Continuity And Change In U.S. Nuclear Nonproliferation Policy : A Critical Analysis,
2010
University at Albany, State University of New York
Continuity And Change In U.S. Nuclear Nonproliferation Policy : A Critical Analysis, Darius Edward Watson
Legacy Theses & Dissertations (2009 - 2024)
The study of US nonproliferation policy has traditionally focused on characteristics of the proliferator to explain variations in the preferred US policy outcome: no new nuclear weapons states. Failures in achieving this goal have most often been attributed to the "roguishness" of the proliferating state, its desire for the international prestige normally associated with achieving nuclear weapon status, or intense security concerns which override its desire or ability to adhere to international and US rules governing nuclear proliferation. The argument being forwarded here is that variations within US nonproliferation policy have been the greatest influence on the attainment of US …
On The Use And Abuse Of Standards For Law: Global Governance And Offshore Financial Centers,
2010
Case Western Reserve University School of Law
On The Use And Abuse Of Standards For Law: Global Governance And Offshore Financial Centers, Richard K. Gordon
Faculty Publications
Current trends in international legal scholarship have shifted from a paradigm of state actors working within recognized sources of international law to one that includes networks of domestic regulators that develop and implement best practices or standards on a global basis. The new paradigm can be seen in operation in the efforts by onshore jurisdictions (most of which are financial centers themselves) to restrict the activities of offshore financial centers. Onshore jurisdictions enlisted these regulatory networks, as well as key international organizations, such as the Organization for Economic Co-operation and Development and the International Monetary Fund, to advance new standards …
Seizing The Grotian Moment: Accelerated Formation Of Customary International Law During Times Of Fundamental Change,
2010
Case Western Reserve University - School of Law
Seizing The Grotian Moment: Accelerated Formation Of Customary International Law During Times Of Fundamental Change, Michael P. Scharf
Faculty Publications
Growing out of the author’s experience as Special Assistant to the International Prosecutor of the Cambodia Genocide Tribunal in 28, this article examines the concept of “Grotian moment,” a term the author uses to denote a paradigm-shifting development in which new rules and doctrines of customary international law emerge with unusual rapidity and acceptance. The article makes the case that the paradigm-shifting nature of the Nuremberg precedent, and the universal and unqualified endorsement of the Nuremberg Principles by the U.N. General Assembly in 1946, resulted in accelerated formation of customary international law, including the mode of international criminal responsibility now …
