Canada-United States Energy, Trade, Security, And Policy,
2010
Case Western Reserve University School of Law
Canada-United States Energy, Trade, Security, And Policy, R. Richard Newcomb, Michal Moore
Canada-United States Law Journal
No abstract provided.
The Intersection Of Border Security And Free Trade Agreements,
2010
Case Western Reserve University School of Law
The Intersection Of Border Security And Free Trade Agreements, Maureen Irish, Greg Kanagelidis, David R. Hamill, Cyndee Todgham Cherniak
Canada-United States Law Journal
No abstract provided.
I Don't Trust Your Judgment: The European Convention On Human Rights Meets The European Union On New Grounds?,
2010
Penn State Dickinson Law
I Don't Trust Your Judgment: The European Convention On Human Rights Meets The European Union On New Grounds?, Michael R. Ribble
Penn State International Law Review (1982 - 2011)
No abstract provided.
Medellin V. Texas: The Roberts Court And New Frontiers For Federalism,
2010
University of Miami Law School
Medellin V. Texas: The Roberts Court And New Frontiers For Federalism, Robert Shawn Hogue
University of Miami Inter-American Law Review
No abstract provided.
Villegas Duran V. Arribada Beaumont: The Second Circuit Court's Interpretation Of Custody Rights Undermines The Purpose Of The Hague Convention On The Civil Aspects Of International Child Abduction,
2010
University of Miami Law School
Villegas Duran V. Arribada Beaumont: The Second Circuit Court's Interpretation Of Custody Rights Undermines The Purpose Of The Hague Convention On The Civil Aspects Of International Child Abduction, Emily Lynch
University of Miami Inter-American Law Review
No abstract provided.
The Definition Of The Crime Of Aggression: Lessons Not Learned,
2010
Case Western Reserve University School of Law
The Definition Of The Crime Of Aggression: Lessons Not Learned, Oscar Solera
Case Western Reserve Journal of International Law
No abstract provided.
The Status Of Corporations In The Travaux Preparatoires Of The Genocide Convention: The Search For Personhood,
2010
Case Western Reserve University School of Law
The Status Of Corporations In The Travaux Preparatoires Of The Genocide Convention: The Search For Personhood, Michael J. Kelly
Case Western Reserve Journal of International Law
No abstract provided.
The Gaza Strip: Israel, Its Foreign Policy, And The Goldstone Report,
2010
Case Western Reserve University School of Law
The Gaza Strip: Israel, Its Foreign Policy, And The Goldstone Report, Milena Sterio
Case Western Reserve Journal of International Law
No abstract provided.
National Ids In A Global World: Surveillance, Security, And Citizenship,
2010
Case Western Reserve University School of Law
National Ids In A Global World: Surveillance, Security, And Citizenship, David Lyon
Case Western Reserve Journal of International Law
No abstract provided.
The Market For Treaties,
2010
Allard School of Law at the University of British Columbia
The Market For Treaties, Natasha Affolder
All Faculty Publications
Corporations are consumers of treaty law. In this article, I empirically examine three biodiversity treaty regimes - the Convention on Biological Diversity, Ramsar Convention, and World Heritage Convention - to demonstrate that corporations implement or internalize treaty norms in a variety of ways that are not captured by the dominant model of treaty implementation – national implementation. As an exegetical model, I explore how corporations use biodiversity treaties as a source of private environmental standards. I focus on the interactions between mining and oil and gas companies and biodiversity treaties, as revealed through transactional documents, corporate reports, security law filings, …
Countering Persistent Contemporary Sea Piracy: Expanding Jurisdictional Regimes,
2010
Ave Maria School of Law
Countering Persistent Contemporary Sea Piracy: Expanding Jurisdictional Regimes, Joseph M. Isanga
American University Law Review
No abstract provided.
No Shortcuts On Human Rights: Bail And The International Criminal Trial,
2010
Willamette University, College of Law
No Shortcuts On Human Rights: Bail And The International Criminal Trial, Caroline L. Davidson
American University Law Review
No abstract provided.
Redressing The Unconscionable Health Gap: A Global Plan For Justice,
2010
Georgetown University Law Center
Redressing The Unconscionable Health Gap: A Global Plan For Justice, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
Consider two children—one born in sub-Saharan Africa and the other in the United States. The African child is twenty-five times more likely to die in the first five years of life; if she lives to child-bearing age, she is a two hundred times more likely to die in labor; and overall, she will die thirty years earlier than the American child. The international community is deeply resistant to taking bold remedial action—more concerned with their geostrategic interests than the health of the poor. The scale of foreign aid is both insufficient and unsustainable and fails to address the key determinants …
The Unconscionable Health Gap: A Global Plan For Justice,
2010
Georgetown University Law Center
The Unconscionable Health Gap: A Global Plan For Justice, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
International norms recognize the special value of health. The WHO Constitution states that “the enjoyment of the highest attainable standard of health” is a fundamental human right. The right to health, moreover, is a treaty obligation with clear obligations. Despite robust international norms, unconscionable health disparities exist between the world’s rich and poor, causing enormous suffering. The WHO urges “closing the health gap in a generation” through action on the social determinants of health. As the Marmot Commission observed: “the social conditions in which people are born, live, and work are the single most important determinant of good or ill …
The O’Neill Institute For National And Global Health Law: Discovering Innovative Solutions For The Most Pressing Health Problems Facing The Nation And The World,
2010
Georgetown University Law Center
The O’Neill Institute For National And Global Health Law: Discovering Innovative Solutions For The Most Pressing Health Problems Facing The Nation And The World, Lawrence O. Gostin, Oscar A. Cabrera, Susan C. Kim
Georgetown Law Faculty Publications and Other Works
The connection between health and an individual’s ability to function in society, as well as the importance of health to a society’s economic, political, and social wellbeing necessitates finding innovative solutions to the world’s most pressing health problems. The O’Neill Institute for National and Global Health Law at Georgetown University seeks to demonstrate the role that academia can play in addressing complex national and global health problems in a comprehensive, evidence-based, intellectually-rigorous, and nonpartisan manner. The O’Neill Institute currently has three research programs: global health law, national health law, and the center for disease prevention and outcomes. Projects within these …
Making Social Rights Conditional: Lessons From India,
2010
Columbia Law School
Making Social Rights Conditional: Lessons From India, Madhav Khosla
Faculty Scholarship
Recent years have witnessed important advancements in the discussion on social rights. The South African experience with social rights has revealed how such rights can be protected without providing for an individualized remedy. Comparative constitutional lawyers now debate the promise of the South African approach, and the possibility of weak-form judicial review in social rights cases. This article considers the Indian experience with social rights, and explains how it exhibits a new form of social rights adjudication. This is the adjudication of a conditional social right; an approach that displays a rare private law model of public law adjudication. This …
Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, And Treaty Non-Self-Execution,
2010
BYU Law
Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, And Treaty Non-Self-Execution, David H. Moore
Faculty Scholarship
No abstract provided.
The President's Unconstitutional Treatymaking,
2010
BYU Law
The President's Unconstitutional Treatymaking, David H. Moore
Faculty Scholarship
The President of the United States frequently signs international agreements but postpones ratification pending Senate consent. Under international law, a state that signs a treaty subject to later ratification must avoid acts that would defeat the treaty's object and purpose until the nation clearly communicates its intent not to join. As a result, the President in signing assumes interim treaty obligations before the treatymaking process is complete. Despite the pervasiveness of this practice, scholars have neglected the question of its constitutionality. As this Article demonstrates, the practice is unconstitutional. Neither the text, structure, nor history of the Constitution supports the …
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.
Al-Bihani, Not So Charming,
2010
Vanderbilt University Law School
Al-Bihani, Not So Charming, Cara M. Walsh
Vanderbilt Journal of Transnational Law
In June 2008, the Supreme Court extended the Suspension Clause to foreign detainees at Guantanamo Bay, Cuba. Since then, courts have struggled to define appropriate standards to govern detainee habeas corpus petitions. Until recently, no court questioned the relevance of international law to the development of these standards. But, in January 2010, a D.C. Circuit panel held that international law does not constrain executive detention power. That decision could devastate detainee habeas corpus petitions by preventing courts from examining the heart of the government's own claimed detention authority.
This Note evaluates the proper role of international law during ongoing Guantanamo …
