Anton’s Weekly Digest of International Law, Vol. 2, No. 16 (28 Apr 2011)

Anton’s Weekly Digest of
International Law

(email subscription available athttp://mailman.anu.edu.au/mailman/listinfo/intlawprofessors)

Vol. 2, No. 16
(scholarship focus fortnight edition, 28 Apr 2011)

A PDF VERSION OF THIS ISSUE OF THE DIGEST IS HERE

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Contents

I. SSRN Legal Scholarship Network/bepress Legal Repository/NELLCO Legal Scholarship Repository/Publishers Advances

  • A. New and Recent Scholarship
  • B. Older Items Uploaded This Week

II. Books
III. Journals

I. SSRN Legal Scholarship Network/bepress Legal Repository/NELLCO Legal Scholarship Repository/Publishers Advances

(Abstracts in this Bulletin have been significantly edited for brevity)

A. New and Recent Research

Pushing the Limits of Global Governance: Trading Rights, Censorship, and WTO Jurisprudence – A Commentary on the China-Publications Case

Julia Ya Qin 
Wayne State University Law School
Chinese Journal of International Law, Vol. 10, 2011 

[posted April 27, 2011]

For decades, China has maintained state import monopoly in cultural products. The opaque state-trading operations ensure a maximum level of flexibility and efficacy in the government censorship of imports. The WTO judiciary held in the China-Publications case that this practice is inconsistent with China’s trading rights commitments under its Accession Protocol and cannot be justified by the public morals exception of the GATT. To comply with the WTO ruling, China must restructure its censorship regime, which it apparently is not prepared to do. This article analyzes the implications of the WTO decision and provides a critical assessment of the new WTO jurisprudence regarding trading rights and the China Accession Protocol.

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Apportioning Responsbility Among Joint Tortfeasors for International Law Violations

Roger Paul Alford 
Pepperdine University – School of Law

Pepperdine Law Review, Vol. 38, 2011
Pepperdine University Legal Studies Research Paper No. 2011/5

[posted April 26, 2011]

With the new wave of claims against corporations for human rights violations – particularly in the context of aiding and abetting government abuse – there are unusually difficult problems of joint tortfeasor liability. In many circumstances, one tortfeasor – the corporation – is a deep-pocketed defendant, easily subject to suit, but only marginally involved in the unlawful conduct. Another tortfeasor – the sovereign – is a central player in the unlawful conduct, but, with limited exceptions, is immune from suit under the Foreign Sovereign Immunities Act. A third tortfeasor – the low-level security personnel – accused of actually committing the atrocity, is beyond the jurisdictional reach of the forum and is an insolvent, judgment-proof defendant. How should an adjudicator apportion responsibility among these joint tortfeasors? Does it matter that the principal players are immune or insolvent, while the marginal player is not? In apportioning responsibility, is it relevant that one tortfeasor simply knew of the misconduct or was negligent with respect to its likely occurrence, although it did not intend for the violation to occur? Despite the saliency of these questions, international law does not provide the answers. These problems are only exacerbated by the fact that international law violations can be pursued in multiple arenas – in national courts, international tribunals, and international arbitral bodies. As a general rule, international tribunals will resolve the question of apportioning liability using public international law, while domestic courts will resolve the question by recourse to private international law, and arbitral panels will rely on the governing law of the contract. The approach for resolving questions of apportionment will differ in these contexts, although each will resort to domestic tort law in one way or another.

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New Governance of the Transnational Variety: Can Transnational Domestic Labor Regulation Harness the Power of Private Legal Regulation? (Reviewing David J. Doorey, in Defense of Transnational Domestic Labor Regulation, Vanderbilt Journal of Transnational Law, Vol. 43, p. 953, 2010)

Paul M. Secunda 
Marquette University – Law School
Jotwell (The Journal of Things We Like (Lots)), April 25, 2011

[posted April 26, 2011]

In his new paper, In Defense of Transnational Domestic Labor Regulation, Professor David Doorey has written a meticulously footnoted and researched article on an important issue that is increasingly facing modern democratic economies: to what extent should such countries seek to use their influence to improve labor practices in economically-developing countries? As Doorey explains, the answer is not as simple as merely deciding you want a labor side agreement to the latest free trade agreement. No, in addition to more formal legislative enactments, Doorey thoroughly explains the developing trend of using techniques which exist outside of formal state action, but nevertheless serve to influence and regulate working conditions and employer-employee relationships in third-world countries. Examples of this “de-centered legal orientation” range from nongovernmental organizations (NGOs) monitoring and investigating multi-national corporations (MNCs), industry-led initiatives seeking to eliminate sweatshops, and consumer boycotts of MNCs that employ abusive labor practices. Doorey explains that these types of non-state activities are here to stay and the central issue is whether these informal practices can be put to good use to advance progressive labor policies in third-world countries. . . .

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What Happens to the Frozen Fortune? The Libya Situation and Claims for Reparation

Conor McCarthy 
University of Cambridge – Jesus College
European Human Rights Law Review, Vol. 3, 2011

[posted April 26, 2011]

The imposition of an assets freeze is now well established in the practice of the Security Council as part of the range of measures at its disposal to maintain or restore international peace and security. With an enormous body of wealth now frozen in Europe, the United States and elsewhere, what is the position of individuals who have been injured in violence, for which the Libyan state or individuals within its senior leadership are alleged to bear responsibility? Is it possible that any of the funds now frozen pursuant to Security Council Resolution 1970 (2011) (or subsequently frozen in accordance with a decision of the Council’s Sanctions Committee on Libya) could be used to satisfy claims for reparation in respect of such responsibility, assuming it could be established? Given that the conflict in Libya is not limited merely to violence for which Libyan state forces are responsible, the position of those injured in egregious acts for which the rebels are responsible will also be considered, both in circumstances where their revolution is successful and in circumstances where it is not. In considering the position of different individuals the article explores the possibilities and the obstacles – legal, procedural and practical – at the national and international levels facing those injured in the present turmoil in Libya who may seek redress for atrocities or other forms of egregious conduct. More generally, in light of the situation in Libya, the article will draw a number of broader observations regarding the limitations of international law and institutions as fora for determining how the effects of repression or conflict-related mass violence should be remedied.

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The Language of the Age: Shari’a and Natural Justice in the Egyptian Revolution

Khaled Abou El Fadl

52 Harv. Int’l L.J. Online 311 (2011)

[RSS Feed Apr. 25, 2011]

One of the most memorable images of the Egyptian Revolution is that of hundreds of people lined up for Islamic prayer in Tahrir Square in Cairo, in Alexandria, and in all of the other cities around the country. Hundreds organized into neat rows, standing, bowing, and prostrating in tandem to perform Islamic ritual prayer as they endured assaults of hot gushing water and tear gas by riot police. For a number of political analysts and commentators, such images of public religiosity and religious performance throughout the course of the Egyptian Revolution proved to be challenging, if not confusing. For some, it appeared paradoxical, if not incongruous, that despite the decidedly prominent role of expressions of Islamicity, whether through forms of expression of Islamic identity, such as collective prayer, or the invocation of Islamic symbolism, or the usage of Islamic phrases, the Egyptian Revolution was not a call for a theocratic government or an Islamic government. However, what is beyond dispute is that although the Muslim Brotherhood did play a limited role in the revolts, the Egyptian Revolution was not led or engineered by Islamists to bring about an Islamic state modeled after Iran or Saudi Arabia. Nonetheless, the display of religious symbolism was not simply an expression of cultural proclivities devoid of normative ideological commitments. To the contrary, Islam, and more particularly Shari’a, which embodies a set of values and normative commitments, played an important role in fueling and engineering the Revolution, and all indications are that it will continue doing so in the future. To the extent that this dynamic seems to be fundamentally paradoxical to many in the West, the Egyptian Revolution serves as an important indicator that we need a complete paradigm shift in the way we view religion and society, and religion and politics, especially as to the role of Shari’a in the age of revolutions in the Arab world.

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Rorty and Human Rights: Contingency, Emotions and How to Defend Human Rights Telling Stories

José-Manuel Barreto 
University of London – Goldsmiths College
Utrecht Law Review, Vol. 7, No. 2, pp. 93-112, April 2011

[posted April 25, 2011]

This article draws some of the consequences of Rorty’s thinking for the way human rights can be conceptualized and cultivated today. On the basis of Rorty’s critique of foundationalism, this reflection sketches a theory of human rights without metaphysics – a cultural theory of natural law. It turns from a rationalistic theory of rights towards emotions, and presents sympathy and solidarity as the sine qua non of moral progress. This article also calls for a moral global warming. Agreeing with Rorty that ours is a literary culture, this text finds in the poeticisation of scientific and cold modernity one of the more adequate paths for the sensibilisation of the contemporary global culture – the sentimental education of the epoch – and for advancing the quest for human rights in our times.

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Lawfare and U.S. National Security

Orde F. Kittrie 
Arizona State University (ASU) – Sandra Day O’Connor College of Law
Case Western Reserve Journal of International Law, Vol. 43, p. 393, 2011

[posted April 25, 2011]

The increasing legalization of international relations has made law an increasingly powerful alternative to traditional military means to achieve operational objectives. Major General Charles Dunlap, Jr., has famously coined the term “lawfare” to describe the strategy of so using – or misusing – law. Terrorist groups and their state sponsors have made explicit and sometimes effective use of lawfare to achieve their operational objectives. Under the Obama Administration, and especially the Bush Administration, the U.S. executive branch‘s response to law‘s potential as a tool for advancing military objectives has thus far been predominantly defensive. This is unfortunate. If there are ways of accomplishing traditional military objectives using law, the United States should not only fight back hard against terrorists‘ use of them but also vigorously look for ways to itself so use law. First, lawfare is less deadly than traditional warfare. Second, if some portion of the battle can take place in the courts rather than the battlefield, that should be to the U.S.‘s great advantage. While the United States does have more sophisticated lethal weapons than those of its adversaries, its advantage in sophisticated legal weapons is surely even greater. However, the U.S.‘s advantage in sophisticated legal weapons has thus far been underutilized. . . .

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Flexible Arbitration for the Developing World: Piero Foresti and the Future of Bilateral Investment Treaties in the Global South

Andrew Friedman 
affiliation not provided to SSRN
Brigham Young International Law and Management Review, Vol. 7 , No. 37, 2011

[posted April 25, 2011]

Abstract: 
The recent arbitration of Piero Foresti et al v. Republic of South Africa opened several questions that will no doubt have tremendous implications going forward in the world of international investment. It concerned the rights of investors weighed against the right of a host state to pass legislation in an effort to remedy past discrimination. The paper suggests a flexible method for review of such cases in an effort to allow host states to fulfill internationally recognized goals such as remedying past discrimination and marginalization.

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Implications of European Disintegration for International Law

Matthew C. Turk 
New York University (NYU)
Columbia Journal of European Law, Forthcoming

[posted April 25, 2011]

The European debt crisis that started in 2009 has revealed underlying structural problems in the European Monetary Union, threatening the viability of the common currency in its current form. An unraveling of monetary coordination in Europe would mark a significant event of disintegration, in the face of a decades-long trend of integration that was commonly considered an inevitable and self-sustaining process. This Article argues that even a reasonable possibility of disintegration of this magnitude upsets previous theorizing about European integration which over-emphasized the EU’s “supranational” character. More generally, disintegration poses serious problems for international law scholarship across the ideological spectrum, much of which has organized itself around the historically contingent trend of integration as if it were an a-historical given. The debt crises reveals that use of Europe by both “Skeptical” and “Cosmopolitan” international law scholars is largely an opportunistic rhetorical strategy that conceals fundamental weaknesses of both viewpoints in their debate over the limits and promise of international legalization and cooperation.

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The Rhetoric of ‘Legal Fragmentation’ and its Discontents: Evolutionary Dilemmas in the Constitutional Semantics of Global Law

Pablo Holmes 
Flensburg University
Utrecht Law Review, Vol. 7, No. 2, pp. 113-140, April 2011

[posted April 25, 2011]

This paper engages in the current debate on legal fragmentation and social inclusion from the perspective of systems theory. Its particular focus is directed at the changing patterns of social inclusion/exclusion under the condition of the emerging constitutional discourses of world law. While fragmented global law would still be able to safeguard functional differentiation, the neutralization of exclusionary dynamics is successively failing. This failure is attributed to the decline of politics in world society. A fragmented global law operates to a lesser degree in concert with national politics in order to guarantee the modern imperative towards full inclusion.

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Toward a Unified Theory of Professional Ethics and Human Rights

Jonathan H. Marks 
Edmond J. Safra Center for Ethics, Harvard University; Pennsylvania State University
Michigan Journal of International Law, Forthcoming

[posted April 25, 2011]

This article begins with a simple empirical claim – that professionals (doctors, lawyers, and psychologists, among others) may either facilitate or prevent human rights violations. They possess this power by virtue of their expertise, access and social status. Building on this claim, I argue that states are dependent upon the assistance of professionals in order to comply with their international human rights obligations. Compliance with these obligations is an essential condition of the legitimacy of states; non-compliance is a matter of global concern and, if systemic, renders the state liable to interference from external agents in the international community. It follows that states are, in this fundamental respect, dependent upon professionals. But professionals are also dependent upon states; their ability to perform their professional functions in full is contingent upon privileges and protections accorded to them by the state. Given this mutual dependence, I advance a contractarian account of the relationship between professionals and the state – one that gives rise to a duty on the part of professionals to assist the state with the performance of its human rights obligations. The content of that duty varies across professions and among professionals, since it depends upon the nature of the professional’s expertise, and the degree of access and social status she possesses. This account offers both theoretical and practical benefits. First, it avoids human rights foundationalism because it ties the ethical obligations of professionals to international legal norms, rather than to human rights conceived as ethical claims. Second, the account offers a further approach for bridging the gap that scholars and advocates have identified between human rights commitments and compliance. The incorporation of human rights norms into domestic law, political institutions and corporate governance may all contribute to this. But the essential role professionals can play in the acculturation of and compliance with human rights has been neglected. The account advanced here has a number of important practical implications – not least, the need for more (and better) human rights education and mentorship for professionals.

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Pragmatism Not Dogmatism: The Inconvenient Need for Border Adjustment Tariffs Based on What is Known About Climate Change, Trade, and China

Adam J. Moser 
US-China Partnership for Environmental Law – Vermont Law School
Vermont Journal of Environmental Law, Vol. 12, p. 1, 2011
Vermont Law School Research Paper No. 11-10

[posted April 24, 2011]

The current paradigm for global trade is as antagonistic to low-carbon development as it is supportive of it. Considering the risks that climate change presents to human development, the global economy’s reliance on trade should be actively leveraged to promote low-carbon development. This is especially the case with China, where decisions made today about energy infrastructure investment will greatly influence GHG emissions for decades to come. The commonly promoted idea that all goods and all sectors should be treated equally under the global trade regime finds no practical support at the national level and even less support when the global externalities of certain sectors are critically analyzed, e.g., goods and services related to energy infrastructure. In a less than perfect world, GHG based border tariffs are a pragmatic option for mitigating climate change. The promotion of border tariffs is far more pragmatic than the Panglossian belief that sans intervention the market will produce technological solutions that sufficiently address climate change. The continued dogmatic belief in an amoral free trade system for all sectors as the best option for addressing climate change will be far more harmful to the world’s poor and the global commons than well-managed border adjustment tariffs.

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The Legal Status of Decisions by Human Rights Treaty Bodies in National Law

Andre Nollkaemper 
University of Amsterdam – Amsterdam Center for International Law
Rosanne Van Alebeek 
University of Amsterdam, Faculty of Law, Amsterdam Center for International Law
HUMAN RIGHTS TREATY BODIES, H. Keller and G. Ulfstein, eds., Cambridge University Press, 2011
Amsterdam Law School Research Paper No. 2011-02
Amsterdam Center for International Law Research Paper No. 2011-02

[posted April 23, 2011]

The success of UN human rights treaty monitoring mechanisms (such as the Human Rights Committee) depends largely on the influence that the findings of these bodies exert on national legal orders. This paper examines the effects that national courts can and do give to such findings. It examines, on the basis of available data on the practice of national courts, whether and how decisions of treaty bodies acquire legal effect at the national level and more in particular in the practice of national courts.

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Internationalizing the Public Trust Doctrine: Natural Law and Constitutional and Statutory Approaches to Fulifilling the Saxion Vision

Michael C. Blumm 
Lewis & Clark Law School
R. D. Guthrie 
Lewis & Clark Law School
University of California Davis Law Review, Vol. 44, 2012

[posted April 24, 2011]

The public trust doctrine, an ancient doctrine emanating from Roman law and inherited from England by the American states, has been extended in recent years beyond its traditional role in protecting public uses of navigable waters to include new resources like groundwater and for new purposes like preserving ecological function. But those state-law developments, coming slowly and haphazardly, have failed to fulfill the vision that Professor Joseph Sax sketched in his landmark article of forty years ago. However, in the last two decades, several countries in South Asia, Africa, and the Western Hemisphere have discovered that the public trust doctrine is fundamental to their jurisprudence, due to natural law or to constitutional or statutory interpretation. In these dozen countries, the doctrine is likely to supply environmental protection for all natural resources, not just public access to navigable waters. This international public trust case law also incorporates principles of precaution, sustainable development, and intergenerational equity; accords plaintiffs liberalized public standing; and reflects a judicial willingness to oversee complex remedies. These developments make the non-U.S. public trust case law a much better reflection than U.S. case law of Professor Sax’s vision of the doctrine.

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Adjudicating Armed Conflict in Domestic Courts: The Experience of Israel’s Supreme Court

Galit Raguan 
Berkeley Law (Boalt Hall)
Yearbook of International Humanitarian Law, Forthcoming

[posted April 22, 2011]

The Israeli Supreme Court in recent years has engaged in judicial review of questions pertaining to the conduct of hostilities within the context of what it has recognized as an armed conflict between Israel and Palestinian armed groups. This can be attributed to several factors that are unique to Israel, the most prominent being Israel’s long-time military presence in the Territories, which has made the Israeli Supreme Court accustomed to adjudicating matters governed by international law and scrutinizing the discretion of military commanders. Combined with the evolution in the Court’s jurisprudence regarding standing and political question doctrine, which has made the Court overall more accessible to general petitions challenging national security issues, this paved the road to adjudication of questions pertaining to the modern battlefield, as at least some counter-terrorism policies, previously considered to be law enforcement actions, have come to be perceived in Israel and elsewhere as part of the armed conflict paradigm. While the Israeli situation is unique in many aspects, other jurisdictions are also encountering legal challenges to the actions of the military in combat arenas abroad. To the extent that such jurisdictions are receptive to comparative law, the Israeli experience may prove useful in developing domestic jurisprudence on questions pertaining to the Law of Armed Conflict and its application to executive policy in the ‘war on terror’.

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The Interplay of International Dispute Resolution Mechanisms: The Softwood Lumber Controversy

Leonila Guglya
University of Geneva – Departement of Private International Law
Journal of International Dispute Settlement, Vol. 2, No. 1, pp. 175-207, 2011

[posted April 22, 2011]

The Article discusses the interrelation of ‘competing’ international mechanisms for the settlement of disputes originating from the same factual background. The problem is assessed with reference to the of the fourth and fifth phases of the Softwood Lumber controversy between the United States and Canada – an immense dispute featuring the interplay between domestic litigation, investment arbitration and dispute settlement conducted under the rules of different chapters of the regional trade agreement (North American Free Trade Agreement), WTO dispute settlement, as well as interstate arbitration proceedings conducted within the London Court of International Arbitration under specially ‘customized’ rules of the latter.

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The Interplay of International Dispute Resolution Mechanisms: The Softwood Lumber Controversy

Leonila Guglya 
University of Geneva – Departement of Private International Law
Journal of International Dispute Settlement, Vol. 2, No. 1, pp. 175-207, 2011

[posted April 22, 2011]

The Article discusses the interrelation of ‘competing’ international mechanisms for the settlement of disputes originating from the same factual background. The problem is assessed with reference to the of the fourth and fifth phases of the Softwood Lumber controversy between the United States and Canada – an immense dispute featuring the interplay between domestic litigation, investment arbitration and dispute settlement conducted under the rules of different chapters of the regional trade agreement (North American Free Trade Agreement), WTO dispute settlement, as well as interstate arbitration proceedings conducted within the London Court of International Arbitration under specially ‘customized’ rules of the latter.

……

Regulating Information Flows, Regulating Conflict: An Analysis of United States Conflict Minerals Legislation

Christiana Ochoa
Indiana University Maurer School of Law
Patrick Keenan
University of Illinois College of Law
Geottingen Journal of International Law, Forthcoming
Illinois Public Law Research Paper No. 191
Indiana Legal Studies Research Paper No. 191

[posted April 21, 2011]

The connection between conflict and commercial activity is the focus of this paper. In particular, it focuses on the ongoing conflict in the Eastern Democratic Republic of Congo (DRC) that is funded, in large part, by the sale of conflict commodities – minerals, metals and petroleum that fund violent groups at their source and then enters legitimate markets and products around the world. Recently, attention has turned to how to regulate conflict commerce as a tool for divesting from violent conflict. In the United States, for example, the recently-adopted Dodd-Frank Wall Street Reform and Consumer Protection Act include a provision addressing conflict minerals originating from this region. The violent and secretive nature of conflict minerals transactions makes crafting effective regulation and policing strategies challenging. As a result the Dodd-Frank Act, like other domestic and international efforts, is designed in large part to discover, gather and disseminate information about the nature and scale of conflict commodities emanating from the DRC. This paper analyzes this legislation while also discussing a number of other current conflict commerce governance efforts. It observes the difficulty of regulating in the context of conflict and corruption and analyses the use of regulation as a tool for information-extraction, information-forcing and information-dissemination, as opposed to its use as a tool for directly proscribing undesirable behavior.

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Lemkin’s Situation: Toward a Rhetorical Understanding of ‘Genocide’

Perry S. Bechky
Seattle University School of Law
Brooklyn Law Review, Forthcoming

[posted, April 21, 2011]

Legal debate about genocide revolves around the definition set forth in the 1948 Genocide Convention, but often critically and with prescriptions for amendment. Many other definitions compete in public discourse. Generally lost in all the discussion about what genocide does or should mean is the original intent of Raphael Lemkin, the man who coined the word and convinced the United Nations to denounce and outlaw the “odious scourge” of genocide. Once largely forgotten, Lemkin has recently started to receive scholarly attention. There is not yet, however, a systematic study of why Lemkin coined genocide and the work he expected his word to perform. This Article begins to fill that gap by conceiving of Lemkin’s coinage as rhetoric – that is, as part of his strategy to persuade the nations of the world to change international law and, indeed, the nature of international society. Accordingly, this Article applies lessons from rhetorical scholarship to a reading of nine of Lemkin’s published works. In particular, it draws on Lloyd Bitzer’s idea of the “rhetorical situation” to uncover “Lemkin’s situation” and thereby reveal genocide’s original meaning and intended function. It also provides an example of how the original understanding developed here can improve our construction of the Genocide Convention, and points the way toward further use of the Bitzer method to assess genocide’s ongoing value in public discourse.

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International Investment Law after the Pax Americana: The BOOT on the Other Foot

David Collins 
The City Law School of City University London; Institute for Globalisation and International Regulation, Maastricht University
April 21, 2011

An increasing proportion of outward foreign direct investment (‘FDI’) originates from emerging market economies, indicating a new stage of globalization in which multinational enterprises from the developing world will increasingly engage in commercial operations in the developed world. This trend will place pressure upon the existing regime of international investment law, created largely to serve the needs of American multinationals in the 20th Century and with little regard for permitting policy space of developing host states vulnerable to foreign competition. This article will consider the key transformations within international investment law, as embodied variously by multilateral and bilateral instruments of the 21st Century, which may be embraced to address the rising FDI flows from the emerging world. Some areas of convergence between the interests of the new and traditional capital exporting states are observed, such as regulatory transparency and neutral dispute settlement. There are also crucial areas of divergence, including the need to accommodate state owned enterprises and allow pre-establishment screening for various public policy goals. This new stage of globalization in which FDI flows both ways and the concepts of home and host state become meaningless will require a more balanced approach to international investment law.

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Hybrid Sources of Law: Armed Groups and the Creation of International Law

Anthea Roberts 
London School of Economics – Department of Law
Sandesh Sivakumaran 
University of Nottingham
Yale Journal of International Law, Forthcoming

[posted April 21, 2011]

This article considers a novel and potentially controversial issue: whether non-state armed groups can, do and should play a role in the creation of international humanitarian law applicable in non-international armed conflicts. . . . In analyzing the potential role that such actors could play in law creation, we reject the traditional state/non-state distinction underlying the doctrine of sources in favor of a tripartite framework of states, state empowered bodies (such as international courts and international governmental organizations), and non-state actors (such as individuals, businesses, NGOs and armed groups). Focusing on the last category, we explore various theories for justifying some or all non-state actors playing a role in international law-making. In particular, we assess the merits of giving armed groups a role in the creation of international humanitarian law applicable in non-international armed conflicts. Drawing on a wide range of rarely discussed practice, we demonstrate that armed groups already participate in law-making in a number of circumstances. Building on these developments, we contend that it is possible to move away from the traditional statist approach to sources, which denies armed groups any role in law-making, without moving to the extreme position of giving such groups complete control over their obligations or equal law-making powers with states. Accordingly, we put forward a theory of hybrid sources under which armed groups could be permitted to recognize existing international obligations or undertake new ones, without raising concerns about placing armed groups and states on a par or downgrading international legal standards.

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The Alien Tort Statute, Federalism, and the Next Wave of International Law Litigation

Donald Earl Childress III 
Pepperdine University School of Law
Georgetown Law Journal, Vol. 100, 2012
Pepperdine University Legal Studies Research Paper No. 2011-9

[posted April 21, 2011]

This Article examines the question of what role international law should play in domestic courts through the lens of the Alien Tort Statute (“ATS”) and points to the next battlegrounds for transnational litigation under state and foreign law. The Article provides clarity as to why federal appellate courts have limited ATS cases. In light of federal retrenchment, this Article uniquely explores the potential for a new wave of international law litigation under state and foreign law and the potential for that wave to reach state courts. The Article analyzes forthcoming issues of federalism, choice of law, preemption, and due process that will arise as part of the next wave of international law litigation. After critically evaluating these areas, the Article provides a scholarly agenda for further study related to the question of international law in domestic courts. The Article seeks to apply the rich academic literature produced to date by such eminent scholars as Curtis Bradley, Jack Goldsmith, Harold Koh, and others to this new wave of transnational litigation. In so doing, it creates a new legal and normative framework for further studies regarding the role of international law in U.S. courts. The Article concludes by proposing a congressional fix that uses the Class Action Fairness Act of 2005 as a model for alleviating federalism concerns that exist when international law cases are brought in domestic courts.

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Jus Cogens: International Law’s Higher Ethical Norms

Mary Ellen O’Connell 
Notre Dame Law School
THE ROLE OF ETHICS IN INTERNATIONAL LAW, Donald Earl Childress III, ed., Cambridge, 2011

[posted April 20, 2011]

Most international lawyers recognize that the international legal system includes a category of higher norms known as jus cogens or peremptory norms. Most international lawyers also agree that jus cogens norms are superior to and may void conflicting laws. Beyond these points, however, there is little agreement. This Chapter presents evidence and arguments toward building consensus in the field of international law respecting additional aspects of jus cogens. In particular, it argues for the following propositions: Jus cogens norms are moral or ethical norms in nature. Other imperative norms such as those critical to the operation of the international legal system, are general principles of law, not jus cogens. Jus cogens norms invalidate directly conflicting international or national laws. Jus cogens norms do not have the effect of striking down otherwise valid law or of imposing affirmative duties. Only natural law theory contains explanations of jus cogens norms; positivism is inadequate to explain the existence and operation of jus cogens. Much natural law theorizing reflects a scholar or judge’s own subjective views. This problematic aspect often seen in theorizing about jus cogens may be addressed through combining natural law theory with an adjunct legal theory known as legal process.

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The Aggression Amendments: Points of Consensus and Dissention

Beth Van Schaack 
Santa Clara University – School of Law
April 20, 2011
Santa Clara University Legal Studies Research Paper No. 7-11

[posted April 24, 2011]

This paper encapsulates remarks made at the Annual Meeting of the American Society of International Law on a panel devoted to considering the new amendments to the ICC Statute adding the crime of aggression to the Court’s subject matter jurisdiction. It addresses the interpretive understandings adopted at the Review Conference in Kampala Uganda vis-a-vis the definition of the crime, the negotiations surrounding the crime’s jurisdictional regime, and lingering confusion over the way in which the ICC Statute’s amendment provisions should apply to the codification of the crime of aggression. The paper argues that the plain language reading of Article 121(5) should govern the question of when states parties are “bound” by the amendments such that the Court can prosecute the crime when committed by their nationals or on their territories.

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Global Intellectual Property Governance (Under Construction)

Margaret Chon

Theoretical Inquiries in Law: Vol. 12 : No. 1, Article 12 (2011)

[accessed April 20, 2011]

Top down as well as bottom-up models of regulation are shifting to a governance paradigm characterized by the greater interaction among public, private and civil society sectors, as well as potential increased flexibility of law. As applied to intellectual property, particularly in the international context, governance literature is emerging but still episodic. In this Article, I examine the World Intellectual Property Organization’s Development Agenda, currently being implemented through its Committee on Development and Intellectual Property. WIPO’s efforts to address global development goals with intellectual property can be theorized through the more participatory and dynamic legal mechanisms promised by global governance. Among the challenges are fragmentation, policy incoherence and a relative lack of due process of softer law, as enacted and as enforced. The pragmatic impact of this major WIPO initiative — evaluated both in terms of the projected benefits and risks of global governance — remains to be seen.

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Legal Pluralism and Modernization: American Law Professors in Ethiopia and the Downfall of the Restatements of African Customary Law

Kaius Tuori 
Center of Excellence in Global Governance Research
Journal of Legal Pluralism, Forthcoming
Helsinki Legal Studies Research Paper No. 3

[posted April 20, 2011]

The purpose of the article is to explore the “law and development” movement’s controversial impact in Ethiopia through the involvement of American law professors such as A. Arthur Schiller in the struggle between modernization and traditionalism in the 1960s and 1970s. Elsewhere in Africa there were efforts to improve the administration of law by producing restatements of customary indigenous law, but Ethiopia had opted for wholesale modernization of its legal system. Because it was claimed that the Ethiopian law reform had led to the nullification of law, Schiller attempted to produce a restatement of customary indigenous land law in order to show the viability of traditional law. These two contradictory trends, modernization and traditionalism, are presented against the background of the intellectual currents of normative pluralism and colonialism. Schiller’s work was based on the premise that legal pluralism would be the future of African law. The Ethiopian codification recognized customary law only in the norms of land tenure, which Schiller used as a pretext for his project to demonstrate that law reform based on the utilization of traditional law was possible and would successfully correct the nullification of law in rural areas. In the end, all legal reforms were made redundant by the 1974-1975 socialist revolution in Ethiopia. The legacy of Schiller is in the development of legal pluralism, where he attempted to chart a course between the subjection of indigenous law to the state legal system and its irrelevance by advocating autonomy and development within the traditional legal culture.

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Estimating the Constraints to Developing Countries Trade – A Taxonomy of the Binding Constraints to Trade Expansion of Landlocked Countries, Small and Vulnerable Economies, and Commodity Exporters

Jean-Jacques Hallaert 
Organisation for Economic Co-operation and Development (OECD); Groupe d’Economie Mondiale (GEM) de Sciences-Po; International Monetary Fund (IMF)
Ricardo H. Cavazos-Cepeda 
Organization for Economic Co-Operation and Development (OECD)
Gimin Kang 
affiliation not provided to SSRN
April 20, 2011

This study identifies the most binding constraints to trade expansion faced by developing countries and estimate their severity for trade and economic growth. This process is crucial to prioritize trade reforms and to guide aid-for-trade resource allocations. The core of the analysis is a cross-country econometric analysis but the insight is complemented by two case studies. We look at the growth impact of both exports and imports (and at the binding constraints they face) for all countries, landlocked countries, small and vulnerable economies, and commodity exporters.

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Bowman Lives: The Extraterritorial Application of U.S. Criminal Law after Morrison v. National Australia Bank

Zachary D. Clopton 
United States Attorney’s Office – Northern District of Illinois
NYU Annual Survey of American Law, Forthcoming

[posted April 20, 2011]

The presumption against extraterritoriality declares that, unless a contrary intent appears, courts should presume that statutes apply only within the territory of the United States. Repeatedly during the 20th Century, the Supreme Court applied the presumption to civil statutes. Over the last two decades, the Supreme Court has revisited the presumption in civil cases and issued decisions that appear to strengthen the presumption’s bite. The presumption against extraterritoriality supposedly applies in criminal cases as well, although the Supreme Court has not spoken to this issue in over a century. In 1922, the Court decided United States v. Bowman, professing an allegiance to the presumption for criminal cases, although it held that the criminal prohibition on defrauding government-owned entities should apply extraterritorially. . . . The Supreme Court recently returned to the presumption in the civil case Morrison v. National Australia Bank. Morrison forcefully asserted the presumption against extraterritoriality in the context of U.S. securities laws, but its “real motor” was the new rule that the presumption must be applied in light of the “focus” of the statute. The majority opinion asserted that, for purposes of assessing extraterritoriality, the court must look only at those facts comprising the “focus” of the statute. Although this view appears to strengthen the presumption and thus expand the range of situations insulated from U.S. law – territorial connections that are relevant to the case but outside the statute’s “focus” are insufficient to avoid the presumption – the “focus” inquiry opens a new path to reconcile Bowman and its progeny with the original presumption. If adopted, this approach could be justified by the same factors that the Supreme Court has invoked to justify its criminal- and civil-law pronouncements on the presumption against extraterritoriality.

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How Nations Share

Allison Christians 
University of Wisconsin Law School
April 19, 2011
Indiana Law Journal, Vol. 87, 2011
Univ. of Wisconsin Legal Studies Research Paper No. 1159

Every nation has an interest in sharing the gains they help create by participating in globalization. If governments fail to claim an adequate share of these gains, they will be forced to look ever more intensely to personal taxes on their own already-burdened citizens. Yet because of the structure of law and the mechanisms of legal decision-making in this area, it is all but impossible to observe how, and how much, governments are in fact claiming. This article shows that to date, excessive protection of taxpayer confidentiality has led to obscurity and minimization of hard law and a network of abstraction through soft law as its faulty and inadequate replacement. It argues that this paradigm serves the political goals of special interest groups at a high social cost. It concludes that at a time when national economic and political fortunes are experiencing high stress, uncertainty and volatility, we need much better information about how international tax law develops and works in practice.

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Friends of the Panel: The Evolution of Amicus Participation in International Investment Arbitration

Andrew Friedman 
affiliation not provided to SSRN
April 19, 2011

This paper traces the history of amicus briefs in international investment arbitration from their first introduction through their recent use. It further discusses the potential future importance of amicus participation in international investment arbitration due to the newest generation of bilateral investment treaties.

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Taking Economic Human Rights Seriously After the Debt Crisis

Steven A. Ramirez 
Loyola University of Chicago School of Law
Loyola University Chicago Law Journal, Vol. 42, No. 4, p. 713, 2011
Loyola University Chicago School of Law Research Paper

[posted April 18, 2011]

The debt crisis of 2007-2009 and its continuing economic fallout reveal costly flaws in the current legal construction of globalization. Most notably, the system of dollar based currency reserves led to excessive debt in the US and diminished durable consumption worldwide. Vindication of economic human rights can sustain consumption and support macroeconomic growth and stability. Even before the crisis, economic human rights demonstrably facilitated economic growth and stability. Unfortunately, economic human rights suffered from deficient legal enforcement mechanisms and billions of global citizens suffered from deficient economic development as a result. Yet, the nearly $10 trillion in currency reserves proves that the world economy holds sufficient wealth to mobilize these human resources. This paper suggests that the IMF, the World Bank and the WTO place economic human rights front and center in terms of all facets of their operations. It also argues that these global institutions be reconfigured to expand the issuance of special drawing rights as an alternative reserve currency. Currency reserves could be banked with the IMF and leveraged (through fractional reserve banking) to fund massive development lending to actualize economic human rights.

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Toward Transatlantic Convergence in Financial Regulation

Hwa-Jin Kim
Seoul National University School of Law
April 18, 2011
U of Michigan Law & Econ, Empirical Legal Studies Center Paper No. 11-004
U of Michigan Public Law Working Paper No. 234

This Article reviews the historical background of the Glass-Steagall Act of 1933 along with the developments in the markets that led to the Gramm-Leach-Bliley Act of 1999. It analyzes the discussions on the Volcker Rule in the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 from a comparative perspective. It shows how the reform in the United States may impact financial institutions and markets in other jurisdictions. Germany and Switzerland, where universal banking is the hallmark of the financial services industry, are the primary jurisdictions of interest. After taking a historical and political look at the regulation of financial institutions in the United States and Europe, this Article touches on the issues of global regulatory reform to see if the global solution might fit into the structural issues of financial institutions and systems. Building on the discussions on convergence in bank corporate governance, it predicts Transatlantic convergence in the financial system and structure of banking business preceded by convergence in the practices and strategies of financial institutions in the United States and Europe.

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The Regulation of Climate Engineering Research

Jesse Reynolds 
Tilburg Institute for Law, Technology and Society (TILT)
April 18, 2011

Climate engineering, or geoengineering, is a group of proposals to intentionally intervene in global physical, chemical, and biological systems on a massive scale in order to reduce the threat of anthropogenic climate change. Climate engineering is receiving increasing attention, and research is moving forward. Regulation remains inadequate, and climate engineering presents significant regulatory challenges. Key to overcoming these challenges is distinguishing between the two primary forms of climate engineering, and between deployment and research. One of the two primary forms, carbon dioxide removal, can largely be addressed through existing legal instruments. In the case of the other primary form, solar radiation management, focusing initially on research can bypass the geopolitical quagmire of deployment. Because this is the approach of the SRM Governance Initiative, it holds potential for significant progress toward regulation of SRM research. Two particular challenges remain: establishing regulatory legitimacy, and developing an appropriate definition of research.

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Exercising Freedom of Speech behind the Great Firewall: A Study of Judges’ and Lawyers’ Blogs in China

Anne SY Cheung

52 Harv. Int’l L.J. Online 250 (2011)

[RSS Feed, April 18, 2011]

In order to better understand the relationship between the power of the Internet and the exercise of free speech in China, this study has chosen to examine the blogs of 42 judges and 13 public interest lawyers in the period between January 1, 2007 and December 31, 2008. Both judges and lawyers represent two unique groups of professionals, where the former are often perceived to be government representatives while the latter are seen as guardians of people’s welfare. The focus of the study, therefore, is on an analysis of these two groups of legal elites and how they have made use of their unique roles to open up a professional public sphere on the Internet and to act as a go-between in coordinating a match between the state and the people. Through passing on messages of contention and dissatisfaction from the people to the ruler, and in reminding both of them of the significance of law, the legal and political boundaries set by the authorities are being pushed, challenged, and renegotiated. Drawing on existing literature on boundary contention and the Chinese cultural norm of fencun (decorum), this study highlights the paradox of how one has to fight within boundaries so as to expand the contours of the latter for one’s ultimate freedom. Judging from the content of the collected postings, one finds that, in various degrees, critical voices can be tolerated. What emerges is a responsive and engaging form of justice which endeavors to address grievances in society, and to resolve them in unique ways both online and offline.

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Territorial Jurisdiction and Statehood

Emily Crawford 
University of Sydney – Faculty of Law
INTERNATIONAL LAW IN THE ERA OF CLIMATE CHANGE, Rosemary Rayfuse, Shirley Scott, eds., Edward Elgar Publishing, 2011

[posted April 18, 2011]

If predictions are to be believed, the planet is facing an ocean-level rise due to climate change, one that will effect all coastal States. The most dire predictions include the loss of entire countries due to total submergence from a rising sea. While total submergence remains a possibility, a more immediate threat facing low-lying and small island nations is the increasingly difficult environmental circumstances these nations will have to endure. Extreme weather, king tides, and other changes to environmental conditions such as increased salinity levels and higher levels of water-borne disease vectors will force these communities to relocate long before the seas rise to permanently cover any land. Regardless of the means that bring about dislocation for the populations of these states, a serious international law issue that will need to be addressed. That is, what status these people will have, and what becomes of their “abandoned” homeland? Specifically, what will climate change do to the international personality, statehood, and territorial jurisdiction of those threatened States?

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Financial Crises and Civil Society

Claire Kelly 
Brooklyn Law School
Chicago Journal of International Law, Vol. 11, 2011
Brooklyn Law School, Legal Studies Paper No. 228

[posted April 18, 2011]

International financial law institutions struggle to confront financial crises effectively and flexibly, playing the role of both regulator and rescuer. At the same time, these institutions confront demands for greater legitimacy in light of the public policy implications of their actions. Some might argue that greater participation by civil society may serve to foster greater legitimacy by improving representativeness, transparency, accountability, and reasoned decision-making. But greater civil society access also has costs that can undermine both regulation and rescue efforts. I argue that we should not presume greater civil society participation lends greater legitimacy to international financial institutions. Rather, we should examine various types of civil society contributions at different points in the financial crisis and attempt to identify when and what kind of participation would be most helpful in light of the role played by the different institutions involved. As a general rule subject to certain caveats, civil society groups whose missions are closely related to interests affected by the institutions’ actions can make their greatest contribution to policy-setting institutions while civil society groups with a high degree of expertise should be more involved with institutions when they are performing detailed rule-making functions.

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The Cost of ‘Empty Words’: A Comment on the Justice Department’s Libya Opinion

Michael J. Glennon 
Tufts University – The Fletcher School
Harvard National Security Journal Forum, April 201[1]

[posted April 17, 2011]

The April 1, 2011 opinion of the Justice Department’s Office of Legal Counsel (OLC) presents three main arguments in seeking to justify the constitutionality of the U.S. use of force against Libya. (1) The President has a “broad constitutional power” to order the use of force without congressional approval, OLC claims, particularly when the given use of force isn’t really a war. (2) The existence of a United Nations Security Council resolution expands that power because the President has a responsibility to preserve the Council’s credibility and to ensure that its edicts do not turn out to be “empty words.” (3) In any event, Congress has allowed the President to undertake this action through the War Powers Resolution, which permits him to use force for us to 60 days without specific, advance approval. I suggest in this paper that none of these claims is convincing, and I conclude with some thoughts about OLC’s concern about empty words.

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Foreign Official Immunity Determinations in U.S. Courts: The Case Against the State Department

Ingrid B. Wuerth
Vanderbilt Law School
[posted April 17, 2011]
Virginia Journal of International Law, Vol. 51, No. 4, p. 1, 2011
Vanderbilt Public Law Research Paper

The immunity of foreign states from suit in U.S. courts is governed by a federal statute, the Foreign Sovereign Immunities Act (“FSIA”). This statute does not apply to the immunity of individual foreign officials, however, as the Court recently held in Yousuf v. Samantar, 130 S.Ct. 2278 (2010). Instead, the Court reasoned, the immunity of foreign government officials is controlled by common law. But there is no extant body of federal or state common law governing foreign official immunity, and the Court did not clarify how this law should be developed going forward. The State Department claims the constitutional power to make individual immunity determinations on a case-by-case basis that are binding on the courts, and that the immunity principles articulated by the government should be followed even in cases where it does not make a specific determination. This article argues that the executive branch lacks such “lawmaking” power. The text and structure of the Constitution, functional and historical arguments, the Court’s case law, and implied congressional authorization are all examined and rejected as possible grounds for the power asserted by the executive branch. Instead, the development by courts of a federal common law of individual immunity (with no binding authority in the executive branch) fits comfortably within the existing jurisprudence on federal common law and is preferable on functional grounds. Federal common law should be constrained in some respects, however, by the content of the FSIA, by customary international law, and by the views of the executive branch on certain discrete issues.

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The Transnational Regime Complex for Climate Change

Kenneth W. Abbott 
Arizona State University
April 17, 2011

In climate change as in other issue areas, recent years have produced a “Cambrian explosion” of international and transnational institutions, rules, implementation mechanisms, financing arrangements and operational programs. This renders governance highly complex: climate governance is not only fragmented but decentralized, operating with little central coordination. It is more appropriate to view it as a regime “complex” than as a unified regime. Most discussions of the climate change regime complex focus on inter-state institutions, especially those that promulgate legally binding rules. A recent example is Robert Keohane & David Victor’s important 2011 paper in Perspectives on Politics, “The Regime Complex for Climate Change.” The present paper, in contrast, maps the true regime complex for climate change: the inter-state arrangements Keohane & Victor identify, plus the diverse and expanding array of transnational organizations engaged in climate change governance. The paper then characterizes transnational climate governance in terms of two theoretical frameworks developed specifically to describe, explain and evaluate complex governance arrangements; this reveals potentially fruitful lines of positive and normative analysis. Regime complex theory provides some useful insights, but its core arguments are of limited utility for transnational governance. A looser version of the theory, though, directs attention to the causes and effects of institutional fragmentation and to ways of managing fragmentation. Polycentric governance theory, associated with the work of Elinor Ostrom, also considers the benefits and costs of fragmentation. But it directs particular attention to the scale of individual organizations and to the operations of governance systems at multiple scales, arguing that polycentric, multi-scalar systems can produce collective action more effectively than unified institutions such as the UNFCCC/Kyoto Protocol process. This has important implications for climate governance.

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Countervailing Duty Against China: Opening a Pandora’s Box in the WTO System?

Dukgeun Ahn 
Seoul National University
Jieun Lee 
University of Michigan at Ann Arbor – Gerald R. Ford School of Public Policy
Journal of International Economic Law, Forthcoming

[posted April 18, 2011]

In this paper, we trace the jurisprudential history of the applicability of US countervailing duty (CVD) law to non-market economies (NMEs). We describe how, since the United States reversed its long standing policy of not imposing CVDs on NMEs, concurrent application of antidumping (AD) and countervailing duties has become the country’s major trade remedy action against China. Although the WTO panel rejected China’s claim of WTO-inconsistency regarding the current US practices, the US Court of International Trade firmly ruled that the Department of Commerce’s double counting of AD and CVD against China violates domestic regulation. Finally, the WTO Appellate Body ruled that this ‘double remedy’ violates the rule to levy CVDs ‘in the appropriate amounts’ under Article 19.3 of the SCM Agreement. We will argue that, although the Appellate Body’s ruling is praiseworthy in preventing an illogical practice, its legal reasoning may give rise to some doubts and controversy when the negotiating history of Article 19 is examined. We will also analyze key features of current double remedy practices in the United States and Canada.

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‘Efficiency’ Jus in Bello and ‘Efficiency’ Jus Ad Bellum in the Practice of Targeted Killing Through Drone Warfare?

Kenneth Anderson 
Washington College of Law, American University; Stanford University – The Hoover Institution on War, Revolution and Peace; Brookings Institution – Governance Studies
April 16, 2011

A peculiar feature of the targeted killing using drone technology debate is that it appears to set up a tension between the two traditional categories of the law and ethics of war, jus in bello and jus ad bellum. The more targeted killing technologies allow more precise targeting and reducing collateral casualties and harm (jus in bello), and that moreover at less personal risk to the drone user’s forces, perhaps the less inhibition that party has in resorting to force (jus ad bellum). A strong version of this claim says: The perverse effect of increasing the efficiency of jus in bello through targeted killing (reducing civilian harm and increasing military effectiveness) is to reduce the efficiency of jus ad bellum (making the resort to force too easy). Improvements in jus in bello conduct ironically makes it too easy, too unconstrained (by lack of personal risk to one’s forces because of drones and lowered civilian harm because of improved targeting) to resort to force. This paper evaluates this claim, and more broadly the idea that jus in bello proportionality and jus ad bellum resort to force can each have a form of efficiency. It rejects the claim as incoherent, because the existence of sides in conflict results in incommensurable meanings of winning and losing in jus ad bellum, without which there cannot be an “optimal” level of the resort to force. The conceptual claim depends upon highly fact specific assumptions about the practice of targeted killing and drone warfare today. The essay walks through a number of these assumptions in an informal way, drawing upon the author’s discussions with governmental and non-governmental actors, particularly on the question of civilian casualties, and ways in which some of the anxieties over targeted killing and drone technologies might not reflect current practices. These assumptions are ones that the reader might or might not accept, given that they are not corroborated and reflect interviews, informal, and off the record discussions that are far from conclusive. Even if the reader does not share the premises in fact, the essay invites accepting them for purposes of evaluating the ethical argument. The essay intertwines an abstract argument about efficiency in the ethics of war, and a practical part that discusses premises crucial to that abstract argument.

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Law and International Commerce: Between the Parochial and the Cosmopolitan

J. J. Spigelman
Supreme Court of New South Wales
CONSTITUTING LAW: LEGAL ARGUMENT AND SOCIAL VALUES, Chapter 12, Gleeson, J., Higgins, R., eds., Federation Press, 2011

[posted April 16, 2011]
Abstract:
In the context of international commerce, legal decision-makers in the legislative, executive and judicial branches of government are influenced by their philosophical predisposition about respect for foreign elements of the matter involved. This predisposition ranges over a broad spectrum: from parochialism at one end to cosmopolitanism at the other. This paper discusses those areas of the law where the contrasting values of cosmopolitanism and parochialism are evident, including commercial arbitration, the possible emergence of an international lex mercatoria, venue and forum disputation, the availability and use of anti-suit injunctions, the enforcement of foreign judgments, judicial cooperation and comity, and the determination of questions of foreign law. In all these contexts, this paper argues that international judicial cooperation is required to provide a functional response to cross-border problems, and that the trend towards judicial globalisation ought to continue.

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Legitimacy at the United Nations

Ian Hurd 
Dept. of Political Science, Northwestern University
April 15, 2011

[posted April 22, 2011]

The United Nations is centrally concerned with the politics of legitimacy and legitimation in international affairs. Its authority relies on perceptions of its legitimacy, but many of its structures and decisions are criticized as being illegitimate. The diverse audience and diverse activities of the organization ensure that disagreements about the UN’s legitimacy will never be resolved. Drawing on legal theory and sociology, this essay examines the concept of legitimacy and argues for its relevance to the United Nations and international organizations more generally.

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Das Kosovo-Gutachten und Globaler Konstitutionalismus (The Kosovo Opinion and Global Constitutionalism)

Anne Peters 
University of Basel – Faculty of Law
April 15, 2011

In July 2010, the International Court of Justice rendered an Advisory Opinion on the conformity of the unilateral declaration of independence of Kosovo with international law. The paper examines the contribution of this opinion to the constitutionalization of international law. “Constitutionalization” is understood here as the emergence of constitutional (and constitutionalist) law in the international legal order. The question is whether the Kosovo opinion is in conformity with constitutionalist principles, whether it further develops these principles, and whether a public-law paradigm is apt to adequately frame the problem of secession. The first principle touched by the advisory opinion is the prohibition of the use of force. This is a genuinely international constitutional principle, not derived from any domestic legal principle. Furthermore, international constitutional law comprises principles that are well known from national constitutional law and which have in a modified form been transferred to the international level. Among these are the rule of law and popular sovereignty, a twin principle of the right of a people to self-determination. Both principles are dealt with in the Advisory Opinion. A merit of the Kosovo Opinion is its distinction between the objective of secession and the means to reach the end. The use of force is prohibited, whereas peaceful and democratic means are prescribed. A secession, if it is to be exceptionally tolerated by international law, must be realized through appropriate procedures. The procedure of the secession of Kosovo was far from perfect, but it more or less respected both the prohibition of the use of force and the procedural standards of self-determination. The procedure of secession therefore fulfilled the minimal procedural requirements of peacefulness and of democratic self-determination, at least if a generous yardstick is applied.

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Taking Rape Seriously: Rape as Slavery

Jane Kim 
Columbia University – Law School; Harvard University
Harvard Journal of Law and Gender, Vol. 35, No. 1, Forthcoming
Columbia Public Law Research Paper

[posted April 15, 2011]

In bedrooms and back alleys, at parties, in offices, and within families: rape happens, rape is real. At this very moment, there are approximately 20 million women in the United States who have been raped during their lifetime, and each year, over one million women are raped in the United States. The numbers are staggering, but not unfamiliar. Despite the devastating and continued prevalence of rape in the United States, estimated state rape conviction rates are as low as 2 to 9 percent of total instances of rape. In effect, the rift between the widespread perpetration of rape and sexual assault and the minimal prosecution and conviction of rapists questions the commitment and priority of law enforcement, law makers, courts, and the public in treating rape as seriously before the law as it is treated in name. If rape is serious, why don’t we take rape prosecution seriously? This paper identifies and challenges the incongruity between the purportedly-accepted gravity of rape crimes and the pervasive continuance of rape impunity in the United States. . . . While it is not possible to predict the prospective success of federally criminalizing rape, this paper concludes by finding that the benefits of enabling national action against rape outweigh the unlikely harms of such action. In order to construct and prosecute rape in a manner consistent with its purported gravity – in order for federal and local actors to take rape seriously – rape must be afforded the protections of the Thirteenth Amendment and federal action is necessary. Accordingly, continued federal inaction in working with states and in compelling rape non-impunity stems from an unwillingness rather than an inability to intervene, and will signify continued federal rape tolerance.

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Views on International Law and International Relations in Adam Smith’s Lectures on Jurisprudence

Nicolas Hachez 
Leuven Centre for Global Governance Studies
April 14, 2011

This article aims to analyze and interpret the views on international relations and international law expressed in Adam Smith’s little studied Lectures on Jurisprudence, in connection with the works of Grotius, Hobbes and Pufendorf. In order to do so, the article first tries to unravel Smith’s account of the formation of society and government in domestic orders, understood as a complex intertwinement of human and economic factors. The article then goes on to analyze Smith’s stated reasons why the seemingly universal human and economic processes leading to the formation of domestic societies and governments are failing when they are to apply in the international order. Finally, this article explores Smith’s views on the idiosyncratic rules governing international relations, i.e. the Law of Nations. The conclusion of the article then attempts to formulate insights for a more harmonious international society based on Smith’s premises.

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Humanity’s Histories: Evaluating the Historical Accounts of International Tribunals and Truth Commissions

Richard Ashby Wilson 
affiliation not provided to SSRN
April 14, 2011

[posted April 27, 2011]

Since the trials of high-ranking Nazi war criminals in Nuremberg during 1945-1946, commentators have been asking whether courts are the best place to write a history of war crimes and crimes against humanity. This debate gained momentum during the 1961 Eichmann trial in Israel and the Holocaust trials in France in the 1970s and 1980s, and took on new relevance during the wave of democratizations in Africa, Latin America and Eastern Europe in the 1980s and 1990s. During the 1990s, the United Nations and major donor governments adopted official policies stating that the task of writing a new official history was central to facilitating both co-existence and accountability after authoritarianism and violent conflict, and they promoted new institutions such as truth and reconciliation commissions to fulfill this undertaking. Now it is time to critically evaluate this range of institutions and ask: have international tribunals or commissions of inquiry actually provided significant insights into the origins and causes of political violence? How might states or international institutions document human rights violations in a way that is comprehensive and engages in a meaningful reckoning with the past?

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The International Criminal Court and the Doctrine of Complementarity

Raluca David 
affiliation not provided to SSRN
April 14, 2011

[posted April 17, 2011]

The doctrine of complementarity as related to the International Criminal Court has been implicated in its fair share of controversy during its short lifetime. Most of the legal issues arising out of this doctrine are actually misunderstandings or misinterpretations of sections from the statute that created it: the Rome Statute. The correct definition of the doctrine of complementarity will be outlined, and then a detailed analysis of the relevant Articles which put in place the safeguards, checks and balances of the ICC will be completed. Finally, the ICC and the principle of complementarity will be considered in the context of the international State system, and their interaction with the issues of sovereignty and politicization in particular. This essay will show that even with all the mistakes of statutory interpretation, the criticisms and the underlying political and sovereignty fears, the doctrine of complementarity remains not only a useful and workable principle but one of the cornerstones of the International Criminal Court, which can lead to worldwide acceptance of the Rome Statute, and thus to the advancement of international justice.

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Unlimited War and Social Change: Unpacking the Cold War’s Impact

Mary L. Dudziak 
University of Southern California Law School
WAR TIME: AN IDEA, ITS HISTORY, ITS CONSEQUENCES, Oxford University Press, January 2012
USC Law Legal Studies Paper No. 10-15

[posted April 14, 2011]

This paper is a draft chapter of a short book critically examining the way assumptions about the temporality of war inform American legal and political thought. In earlier work, I show that a set of ideas about time are a feature of the way we think about war. Historical progression is thought to consist in movement from one kind of time to another (from wartime to peacetime, to wartime, etc.). Wartime is thought of as an exception to normal life, inevitably followed by peacetime. Scholars who study the impact of war on American law and politics tend to work within this framework, viewing war as exceptional. This conception of war does not capture the predominant nature of American war, at least since World War II, characterized not by cataclysmic battles and great military victories, but by “small wars,” surveillance, and stalemate. The ambiguity of the Cold War might have signaled that the conventional categories no longer fit – that wartime and peacetime coexisted or had melted together. But rather than viewing the Cold War years as rupturing the older categories of war and peace, contemporary thinkers find ways to fit the experiences of that era into pre-existing conceptual boxes. The Cold War becomes for some writers a “wartime,” complete with a dramatic ending. This paper examines historical and contemporary thinking about the Cold War. Turning to scholarship on war and rights, my focus is not on the way particular rights or lines of case law develop, but instead on the way writers conceptualize the world within which rights are framed. Ultimately I argue that a wartime frame persists in our thinking about the Cold War, and this obscures our understanding of the impact of war on domestic law and politics. It reinforces the idea that war is a discreet historical experience, and that “peacetime” is the norm, when instead ongoing limited war has become the American experience. The years of the Cold War are one moment in a longer pattern of ongoing war.

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Democratic Revolutions

Richard Albert 
Boston College – Law School
Denver University Law Review, Vol. 89, No. 2, 2011

[posted April 13, 2011]

In this Article, which will appear in the Denver Law Review as the featured piece to which invited scholars will respond, I begin the work of repairing the democratic foundations of revolution theory. My point of departure is an observation: conventional theories of revolution rarely venture beyond the only question that seems to matter in the study of revolution, namely whether the episode occurred suddenly, with violence, and on the strength of a popular movement. This procedural, amoral, and mechanical inquiry frustrates the possibility of cultivating a concept of a democratic revolution precisely because conventional revolution theory invites no judgment about the merits of revolution. Revolution theory, in my view, can do better. To do so, revolution theory must free itself from the shackles of proceduralism – shackles that compel revolution theorists to speak in the same breath of all revolutions as if there were no helpful structural principles to help us distinguish virtuous from vicious ones nor any basis upon which to define a particular episode as a democratic revolution and another as an undemocratic one. There is indeed a way, and articulating it is the task I have given myself in these pages.

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The Inter-Play Between Multilateral Environmental and Fisheries Law: A Struggle to Sustainably Regulate an Economic Activity – Including a Case Study on the North Sea

Ellen Hey 
Erasmus School of Law
April 13, 2011

This essay focuses on the impact of multilateral environmental policy and law on multilateral fisheries policy and law, however, en route it will also point to the limited impact that developments in these fields of law have had on multilateral law concerned with the economics of the fishing industry. First, by way of an illustrative case study, this essay will explore the inter-play between environmental policy and law and fisheries policy and law in the North Sea, as it is with in this region that the precautionary principle first emerged and that environmental bodies started to address fishing activities. Thereafter, the impact of multilateral environmental policy and law on multilateral fisheries policy and law will be assessed. First, the recognition of fishing activities as impacting on the environment will be discussed. Subsequently, the manner in which the environmental impact of fishing activities has been conceptualized will be analyzed. In these last two parts of the essay the analysis focuses mainly on multilateral fisheries instruments that address high seas fishing activities, including fishing for straddling and highly migratory stocks. Finally, by way of conclusion, the factors that have limited the contribution of multilateral law to the introduction of sustainable fishing activities as well as an alternative approach to fisheries management will be revisited.

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Environmental Security and its Implications for China’s Foreign Relations

ZhongXiang Zhang 
East-West Center – Research Program
April 13, 2011
FEEM Working Paper No. 30.2011

China’s emerging standing in the world demands a major rethinking of its diplomatic strategies. Given its population size, geographical scale, economic power and military presence, China is poised to play a larger political role in the twenty-first century, and is thus perceived by the international community to have greater capacities, capabilities and responsibilities. At the same time, environmental stresses caused by China’s energy and resources demands have become increasingly evident in recent years, urging China to cultivate delicate diplomatic relations with its neighbors and strategic partners. Tensions have been seen in areas such as transboundary air pollution, cross-border water resources management and resources exploitation, and more recently in global issues such as climate change. As the Chinese leadership begins to embrace the identity of a responsible developing country, it is becoming apparent that while unabated resources demands and environmental deterioration may pose a great threat to environmental security, a shared sense of urgency could foster enhanced cooperation. For China to move beyond existing and probable diplomatic tensions, a greater attention to domestic and regional environmental security will no doubt be necessary. This article explores such interrelations among domestic, regional and global environmental securities and China’s diplomacy, and suggests possible means by which China could contribute to strengthening global environmental security.

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A New Twist on an Old Story: Lawfare and the Mixing of Proportionalities

Laurie R. Blank 
Emory University School of Law
Case Western Reserve Journal of International Law, Vol. 43, No. 3, 2011
Emory Public Law Research Paper No. 11-149

[posted April 12, 2011]

The claim that a just cause erases any wrongs committed in war is an old story, just like the opposite claim that an unjust cause renders all acts unlawful. International law has traditionally reinforced a strict separation between jus ad bellum – the law governing the resort to force – and jus in bello – the law governing the conduct of hostilities and protection of persons during conflict. Nonetheless, we see today a new twist on this old story that threatens the separation between jus ad bellum and jus in bello from the opposite perspective. In essence, there is an ever-louder claim that excessive civilian deaths under jus in bello proportionality render an entire military operation unjust under jus ad bellum. Protection of civilians is a central purpose of international humanitarian law and media coverage of conflict and civilian deaths is critical to efforts to minimize human suffering during war. However, insurgent groups and terrorists exploit this greater focus on civilian casualties to their own advantage through tactics often termed lawfare, such as human shields, perfidy and other unlawful tactics. Not only do they seek greater protection for their fighters, but they also use the resulting civilian casualties as a tool of war. This article analyzes the growing use of alleged violations of jus in bello proportionality to make claims of disproportionate force under jus ad bellum. In doing so, it highlights the strategic and operational ramifications for combat operations and the impact on investigations and analyses of IHL compliance and accountability. Ultimately, this new twist on an old story has significant consequences for the application of IHL, for decisions to use force, and for the implementation of strategic, operational and tactical goals during conflict. Most of all, it places civilians in increasing danger because it encourages tactics and strategies that directly harm civilians.

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Member State Interest Articulation in the Commission Phase: Institutional Pre-Conditions for Influencing ‘Brussels’

Markus Haverland 
Erasmus University Rotterdam – Faculty of Social Science
Duncan Liefferink 
Nijmegen University
Journal of European Public Policy, Vol. 19, 2012

[posted April 12, 2011]

There is a large literature on Member State influence in the European Union, typically focusing on a combination of preferences of the Member States and their strategies with an emphasis on Council negotiations. However, prior to Council negotiations Member States also seek to influence the Commission’s development of legislative proposals. This article argues that Member States need scientific expertise, experiential knowledge and target group support to make this strategy work and that the availability of these resources is partly shaped by domestic institutions, such as the territorial organization of the state, the recruitment principles of governmental departments, and the structure of government’s relationship with business groups and societal interests. As a plausibility probe for our argument we have conducted a case study of the Dutch government’s strategy regarding the Regulation on Chemical Substances (REACH).

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Targeted Killing Court: Why the United States Needs to Adopt International Legal Standards for Targeted Killings and How to Do So in a Domestic Court

Michael Robert Epstein
Journal of International Law
April 12, 2011

In light of the fact that the Obama Administration appears committed to continuing and expanding the use of drones and targeted killing as a primary counter-terrorism method, addressing both domestic and international concerns about the legality of our drone use is no simple task. Much has been written on the topic, and various definitions and interpretations of international law have been proposed; in order to address all of these concerns simultaneously while balancing the obvious reality that drone strikes will not stop anytime soon, I propose that a domestic judicial mechanism is required. . . .

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The Complexity of Transnational Law: Coherence and Fragmentation of Private Law

Jan M. Smits 
Maastricht University Faculty of Law – Maastricht European Private Law Institute (M-EPLI); University of Helsinki – Center of Excellence in Foundations of European Law and Polity
April, 11 2011
Helsinki Legal Studies Research Paper No. 1

[posted April 12, 2011]

It is generally acknowledged that legal rules increasingly flow from different (national, European and supranational) sources. It is equally well established that this multiplication of sources deeply disturbs our idea of law as a coherent and unitary system. The aim of this contribution is to explore this increasing complexity for the field of private law. One aspect of this complexity is an undeniable fragmentation of law. This paper (written as the Netherlands report for the XVIIIth International Congress of Comparative Law 2010) pays special attention to how fragmentation of private law is perceived in the Netherlands and which strategies are adopted to remedy the problems it causes. The approach of the Dutch legislature in dealing with this fragmentation is to try to re-establish a coherent system. This is apparent from both the ways in which European directives are implemented and from the Dutch efforts to deal with the increasing complexity of private international law. European directives are implemented as much as possible inside the Dutch Civil Code in order to keep the private law system intact, even though this cannot take away the causes of increasing incoherence. Also the disperse rules on private international law are structured in a new Book of the Civil Code, even though it is no longer in the power of the national legislature to create a coherent system. This strategy of the Dutch legislature is clearly wrong because it is no longer in the power of a national legislature to create a coherent system through legislation. We should therefore seek new strategies to deal with the various legal regimes that exist on a national territory. The paper explores several of these strategies.

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If Subsidies Do Not Cross Borders, Litigation Will: Do the U.S. Auto Bailouts Violate the Subsidies and Countervailing Measures Agreement under the GATT?

Michael John Fanizzo Jr. 
affiliation not provided to SSRN
April 11, 2011

The $76 billion the U.S. Government provided to General Motors and Chrysler, may constitute violations of the Subsidies and Countervailing Measures Agreement under the General Agreement on Tariffs and Trade. This matters because violations entitle other World Trade Organization members to retaliate against any U.S. industry to correct the imbalance caused by the subsidies. . . . Part I provides a background on the General Agreement on Tariffs and Trade, as well as, the Subsidies and Countervailing Measures Agreement. Sections A and B provide backgrounds on the GATT and the agreement, and Section C provides a background for the auto bailouts. Section D details precedent under the Agreement in terms of the elements for finding a subsidy under the Agreement. Part II details how the U.S. auto bailouts constitute subsidy violations under the Agreement. It specifically describes how the terms of the U.S. loans, the debt forgiveness, low-interest rates, and non-commercial motives, preclude the U.S. from satisfying the market benchmark required to rebut a subsidy claim. Part II also discusses the slippery nature of the Agreement’s “Traffic Light System.” As Prohibited Subsidies are limited, factually, and Allowable Subsidies are also limited, procedurally and substantively, the presumptions included in Actionable Subsidies analysis makes the Actionable determination all but assured.

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Accountability in International Project Finance: The Equator Principles and the Creation of Third-Party-Beneficiary Status for Project-Affected Communities

Marissa Marco 
affiliation not provided to SSRN
Fordham International Law Journal, Vol. 34, p. 452, 2011

[posted April 11, 2011]

The Equator Principles are a set of voluntary social and environmental guidelines that apply to the majority of private commercial banks engaged in project finance, which is a method of financing often used to create large infrastructure projects. The Equator Principles provide ten standards to which a project must comply as a condition to obtaining funding, such as requirements to perform a social and environmental assessment and to communicate adequately with project-affected communities. Even for projects that promise to abide by these standards, however, noncompliance continues as investors try to maximize profit and avoid their contractual responsibilities. This failure results in serious social and environmental impacts that leave project-affected communities devastated and often without a legal remedy. Recognition of a third-party-beneficiary right in US contract law may provide a legal remedy for project-affected communities. Recognition of such a right to enforce compliance with social and environmental standards would challenge borrowers to keep their contractual commitments under the Equator Principles. This Note discusses the viability of gleaning from the Equator Principles a third-party-beneficiary right for project-affected communities to ensure compliance with the project finance industry’s social and environmental standards.

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The Psychological Costs of War: Military Combat and Mental Health

Resul Cesur 
Georgia State University – Department of Economics
Joseph J. Sabia 
American University
Erdal Tekin 
Georgia State University – Department of Economics; National Bureau of Economic Research (NBER); Institute for the Study of Labor (IZA)
IZA Discussion Paper No. 5615

[posted April 11, 2011]

While descriptive evidence suggests that deployment in the Global War on Terrorism is associated with adverse mental health, the causal effect of combat is not well established. Using data drawn from the National Longitudinal Study of Adolescent Health, we exploit exogenous variation in deployment assignment and find that soldiers deployed to combat zones where they engage in frequent enemy firefight or witness allied or civilian deaths are at substantially increased risk for suicidal ideation, psychological counseling, and post-traumatic stress disorder (PTSD). Our estimates imply lower-bound health care costs of $1.5 to $2.7 billion for combat-induced PTSD.

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Law and Peace: Contracts and the Success of the Danish Dairy Cooperatives

Ingrid Henriksen 
University of Copenhagen – Department of Economics
Morten Hviid 
University of East Anglia – Centre for Competition Policy (CCP)
Paul Richard Sharp 
University of Copenhagen – Department of Economics; Humboldt University of Berlin
April, 11 2011
Univ. of Copenhagen Dept. of Economics Discussion Paper No. 11-11

[posted April 13, 2011]

We consider the successful early emergence of cooperative creameries in Denmark in the late nineteenth century within the framework of the ‘new institutional economics’ presented by Williamson (2000). Previous work has focused on the social cohesion of the Danes, but we demonstrate that this was not sufficient for the success. The Danish legal system, which we compare to that of other countries, was also of crucial importance, along with the way in which rules were monitored and enforced. Of particular importance was the Danish cooperatives’ use of contracts, which we explore with evidence from a variety of primary and secondary sources.

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Universal Jurisdiction and Third States in the Reform of the Brussels I Regulation

Johannes Weber 
Max Planck Institute for Comparative and International Private Law
April 10, 2011
Rabels Zeitschrift für Ausländisches und Internationales Privatrecht, Forthcoming
Max Planck Private Law Research Paper No. 11/7

In December 2010, the European Commission published a Proposal for a reform of the Brussels I Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. One of the cornerstones of the Proposal is the operation of the Regulation in the international legal order, a subject which has proven to be one of the most intricate issues in European international civil procedure. The following paper will give a first assessment of the Commission Proposal as regards third State scenarios. After a brief discussion of the Union’s competence and the Union’s interest to legislate in this field, it will turn to the extension of special heads of jurisdiction to third State defendants, the decline of jurisdiction in favour of third States and the proposal for new subsidiary grounds of jurisdiction, before briefly concluding on recognition and enforcement of third State judgments.

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The Concept of Law in Transnational Arbitral Legal Orders and Some of its Consequences

Thomas Schultz 
University of Geneva
Journal of International Dispute Settlement, 2011 

[posted April 10, 2011]

Abstract. If an arbitration system, hypothetically disconnected from states, were to seek to replicate the rule of law beyond the state, in its own transnational order, what would it look like? This question, which seems current given the proliferation of international dispute resolution mechanism and the continuing rise of international arbitration, formed an implicit theme of the scholarship known as the School of Dijon. Some thirty years ago, the School of Dijon asserted the existence of non-national legal systems revolving around arbitration mechanisms, such as the lex mercatoria. Over the years, their claim developed into the argument that these systems’ own legality forms a basis for claims of autonomy from the state, the presence of law dispensing from the need for control by another legal order. This article argues first that this line of arguments is an enthymeme, as the concept of law has been the object of a near wholesale eschewal of definitional attention by the School of Dijon and its kindred theories. The article then maintains that any concept of law used for the aforementioned rhetorical and political purposes ought to include the fundamental principles of the rule of law. It then examines the guise that the rule of law takes when applied to transnational adjudicative normative orders instead of national legal systems.

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Internet Disputes, Fairness in Arbitration and Transnationalism: A Reply to Dr Hörnle

Thomas Schultz
University of Geneva
International Journal of Law and Information, Forthcoming

[posted April 10, 2011]

This article is a reply to Julia Hörnle’s book Cross-border Internet Dispute Resolution. Starting from Dr Hörnle’s insistence on fairness, the author discusses three dimensions of online arbitration that shape the contours of justice in a transnational dispute resolution setting: accuracy, due process and applicable law. The author contends that online arbitration must remain limited to seeking approximate truth, applying an 80/20 principle to due process, where 20 per cent of the efforts yield 80 of the results in terms of due process. More importantly, the author maintains that the pursuit of the sort of justice with associate with the rule law requires online arbitration to apply transnational rules, and national consumer laws.

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Choice of Court Agreements, Coordination of Proceedings and Provisional Measures in the Reform of the Brussels I Regulation

Christian A. Heinze 
Max Planck Institute for Comparative and International Private Law
April 10, 2011
Rabels Zeitschrift für Ausländisches und Internationales Privatrecht, Forthcoming
Max Planck Private Law Research Paper No. 11/5

In December 2010, the European Commission published a Proposal for a Regulation of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the Brussels I Regulation. The Commission proposes significant amendments which would considerably change the structure of the Brussels Regulation. In view of these developments in an area which is central for European cooperation in civil matters and the development of European private international law in general, the following paper will give a first assessment of the Commission Proposal. It will focus on the changes proposed for choice of court agreements (II), for coordination of legal proceedings (III), and for provisional measures (IV).

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Seeking the Better Interests of Children with a New International Law of Adoption

Richard R. Carlson 
South Texas College of Law
New York Law School Law Review, Vol. 55, No. 1, 2011

[posted April 9, 2011]

Intercountry adoption matches children in need with parental aspirations across national borders. Recently, however, intercountry adoption has been the object of intense criticism, some of it constructive, some of it destructive. This article summarizes the spectrum of views from hostile to sanguine, rebuts the most cynical arguments, and builds on the contributions of those who seek to preserve, advance and strengthen intercountry adoption for the sake of the thousands of families it continues to serve around the world.

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Who are We Fighting? Conceptions of the Enemy in the War on Terror

Lawrence Friedman 
New England School of Law
Ohio North University Law Review, Vol. 37, No. 1, 2011

[posted April 8, 2011]

Right now, there is a question as to whether the terrorism suspects detained at Guantanamo – and, it follows, future terrorism detainees who qualify as alien enemy combatants – should be tried for their alleged crimes before military commissions rather than in civilian courts in the United States. Some assert that the terrorism suspects, because of what they are alleged to have done or who they are, simply do not deserve trials with all of the protections the federal criminal justice system affords defendants. This is the position that I explore in this brief essay, to try and get at what the argument means, and to sketch its implications. I contrast the implicit definition of the detainees to which the United States government has subscribed, in legislation and in policy decisions spanning successive Presidential administrations, with an alternative perspective provided by Ward Just’s remarkable post-September 11 novel, Forgetfulness. The book tells the story of an American, Thomas Railles, whose wife is killed by terrorists. It comes to pass that Thomas has the opportunity to confront precisely our question: just who is it we are fighting in this war, and are they different from ordinary criminals, either because of their goals or their capacity for evil?

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Christianity, American Indians, and the Doctrine of Discovery

Robert J. Miller
Lewis & Clark Law School
REMEMBERING JAMESTOWN: HARD QUESTIONS ABOUT CHRISTIAN MISSION, Amos Yong, Barbara Brown Zikmund, eds., Pickwick Publications, 2010

[posted April 8, 2011]

Abstract:
The European countries that explored and colonized North America utilized the international law Doctrine of Discovery to claim the sovereign, property, and human rights of Indigenous peoples. Discovery was developed primarily in the fifteenth century by Spain, Portugal, England, and the Church and was designed to control the acquisition of non-European lands. The assumed superiority of European religions and civilizations played a major role in justifying Discovery. Starting with the fifteenth century papal bulls and the later English Royal charters, the primary goals of colonization were alleged to be “propagating Christian Religion” and bringing “human civility” to the “pagan,” “heathen,” “Infidels and Savages” who “yet live[d] in Darkness and miserable ignorance of the true Knowledge and Worship of God.” The United States Supreme Court expressly adopted the Doctrine of Discovery in 1823 in Johnson v. M’Intosh and expressly relied on Christian religion and Euro-American civilization to justify its decision. The goals of, and the justifications for, Discovery continued to be part of United States Indian policy and Manifest Destiny until nearly the end of the twentieth century.

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Seminar on the Outcome of the Advisory Opinion Issued by the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea on 1 February 2011 on the Responsibilities and Obligations of States Sponsoring Activities in the International Seabed Area

Cymie R. Payne 
Lewis & Clark Law School
April 7, 2011

[posted April 21, 2011]

The Seabed Disputes Chamber has issued an important opinion advising on the current state of the law regarding the obligations and liability of States sponsoring deep seabed mining activities in the zone beyond national jurisdiction (“the Area”). This presentation discusses the common heritage nature of the Area and the measures that sponsoring States will need to take to satisfy their obligations under the UN Convention on the Law of the Sea and related instruments.

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Remedies for Breach of EU Law Revisited

Jaanika Erne 
University of Tartu Faculty of Law
April 6, 2011

The article explains judicial and non-judicial remedies given to the natural or legal persons by the Court of Justice of the European Union and by the European Commission.

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Children’s Oppression, Rights and Liberation

Samantha Godwin 
Georgetown University Law Center; University College London
Northwestern Interdisciplinary Law Review, Vol. 4, 2011

[posted April 6, 2011]

This paper advances a radical and controversial analysis of the legal status of children. I argue that the denial of equal rights and equal protection to children under the law is inconsistent with liberal and progressive beliefs about social justice and fairness. In order to do this I first situate children’s legal and social status in its historical context, examining popular assumptions about children and their rights, and expose the false necessity of children’s current legal status. I then offer a philosophical analysis for why children’s present subordination is unjust, and an explanation of how society could be sensibly and stably arranged otherwise by synthesizing Eileen McDonagh’s distinction between decisional autonomy and bodily integrity with Howard Cohen’s writing on borrowed capabilities and child agents. My first conclusion from this analysis is that age based classifications should not be presumed to be rational. The paper then proceeds to apply these theoretical arguments to specific legal questions. I suggest an argument for treating children as a suspect class for the purposes of equal protection analysis, as well as recognizing that many of the ways children are legally disadvantaged implicate their fundamental rights, and that many (but not all) age based classifications should therefore be subject to strict scrutiny. I then go on to analyze specific legal issues such as voting rights, corporal punishment, runaway children, and due process in juvenile justice using this framework.

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Human Rights and the European Court of Justice: Past and Present Tendencies

Andrew Trevor Williams 
University of Warwick – School of Law
April 5, 2011
Warwick School of Law Research Paper No. 2011/06

The purpose of this paper is to consider the ECJ’s jurisprudence as a specific story in the complex web of human rights in the European Union. I aim to do this in two parts. In the first, I analyse the principles that have guided the ECJ in its development of fundamental rights. These consist of largely jurisdictional issues: when and over which fundamental rights matters, and over whom can the Court exercise judgment? They encompass questions of the sources of inspiration the Court uses for interpreting human rights. The second part then assesses how particular human rights have been developed in the ECJ’s case law with specific attention paid to recent decisions. My approach here is to examine the jurisprudence in terms of the rights expressed in the EU Charter of Fundamental Rights. Although this is a fairly recent document (and I have some doubts over its reflection of rights protected over the history of the Union) it is represented by the EU as the most apt compilation of those rights it aims to promote if not respect. Its lack of legal enforceability until the Lisbon Treaty came into force at the end of 2009 has not prevented it shadowing the Court’s appreciation of fundamental rights.

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Suing Government Lawyers for Giving Dubious Legal Advice in a National Security Crisis: Notes on How (Not) to Become a Banana Republic

Peter H. Schuck 
Yale University – Law School
April 5, 2011
Yale Law School, Public Law Working Paper No. 229

[posted April 11, 2011]

Given as a keynote address to a conference on “Official Wrongdoing and the Civil Liability of the Federal Government and Officers” convened by St. Thomas University Law School, this short paper discusses the public interest in vigorous affirmative decisionmaking by government officials, especially “street-level bureaucrats,” an interest protected by official immunity doctrine. I first explain the different incentive effects that liability rules tend to create for public and private actors, and then argue that the post-9/11 environment has increased the risk that public officials operating in the national security area will be over-deterred in ways that may jeopardize the public interest. I then explore these issues, and the law of official immunity, in the specific context of the pending Bivens action brought by terrorist Jose Padilla against John Yoo, an author of the so-called “torture” memos. I conclude that the district judge wrongly denied Yoo the immunity, that the Ninth Circuit should reverse that decision, that personal liability is a perverse method for seeking to hold public officials in Yoo’s situation accountable for erroneous legal advice (if that’s what it was), and that the existing official immunity, properly understood and applied, should prevent courts from being used to exact political vengeance for unpopular legal interpretations in areas of legal uncertainty.

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Education as a Counterterrorism Tool and the Curious Case of the Texas School Book Resolution

Diane Webber 
affiliation not provided to SSRN
Maryland Law Journal of Race, Religion, Gender and Class, Forthcoming 

[posted April 5, 2011]

As a case study, this paper reviews a resolution passed by the Texas State Board of Education on September 24, 2010. The resolution rejects certain Social Studies texts that contain what the Board determined were pro-Islamic/anti-Christian distortions…The resolution is itself doing what it complains about – it is showing “chronic partiality to one of the world’s great religions and animus against another.”…At a time when “reciprocal negative perceptions between the Western and Muslim worlds continue to escalate”, it is essential to acknowledge the important role of education to promote tolerance… The knowledge gained from religious tolerance education can then be used to help reduce feelings of alienation within minority communities, and to counter “radicalization”. Thus education becomes an effective and essential counterterrorism tool.

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The Global Trade Mark

Edward Lee 
Illinois Institute of Technology – Chicago-Kent College of Law
April 4, 2011

This Article offers a proposal for WTO countries to adopt global IP rights for a special class of trademarks: famous or well-known marks. Well-known marks are well-suited for greater departure from the territoriality principle, given the transnational protections for well-known marks that already exist under the Paris Convention and TRIPS Agreement. This Article proposes creating a Global Trademark (GTM) for well-known marks, to be governed by one, uniform international law. The GTM will span all countries in the WTO. The GTM is inspired, in part, by the Community Trade Mark (CTM) in the European Union, the first truly transnational IP form. While the CTM is regional in scope, the GTM will be international. This Article proceeds in five Parts. Part I discusses the theory behind the Global Trade Mark (GTM) and why it is worth adopting today. Part II discusses the outlines of the proposed Global Trade Mark Treaty, whose signal feature will be to establish a uniform body of international law to govern the GTM and an International Court of the GTM to resolve conflicts over its interpretation. Part III discusses the two Pathways by which a trademark can be registered as a GTM: (1) international registration of an existing famous mark that is famous in a certain threshold number of countries (here under a proposed Rule of 7 countries, the formula of which is discussed below), or (2) an “intent-to-develop” registration of a mark an owner intends to make famous under the Rule of 7 countries within a prescribed time of 10 years. Part IV discusses enforcement of GTMs in national courts and post-registration issues, including abandonment and genericide. Part V addresses objections.

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Tribal Constitutions and Native Sovereignty

Robert J. Miller 
Lewis & Clark Law School
April 4, 2011

More than 565 Indigenous tribal governments exercise extensive sovereign and political powers within the United States today. Only about 230 of the native communities that created these governments, however, have chosen to adopt written constitutions to define and control the political powers of their governments. Many observers would no doubt ask how a government can function without a written constitution to guide its formation and operation, and how the rights of citizens can be defined and protected without a written constitution. This essay addresses these questions and many more concerning American Indian and Alaska Native tribal constitutions. It is clear that constitutionalism is nothing new to Indigenous peoples in North America. This fact is demonstrated by the Iroquois Confederacy of the Haudenosaunee people who have governed themselves under an unwritten constitution for many hundreds of years, by the Cherokee Nation who apparently created the first written tribal constitution in 1827, by the many dozens of tribal governments who adopted written constitutions from 1837-1930, and by the hundreds of Indigenous governments who adopted constitutions under the federal Indian Reorganization Act of 1934. This essay examines these facts and more, and addresses whether modern day tribal constitutions adequately serve the needs of native communities and help these communities and their political entities to exercise and protect their sovereignty.

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Globalization Versus Normative Policy: A Case Study on the Failure of the Barbie Doll in the Indian Market

Priti Nemani 
Northern Illinois University College of Law
April 4, 2011

[posted April 9, 2011]

. . . This study investigates the reasons for why one multinational corporate giant – Mattel, Inc. – failed to capture the Indian market and how other multinational corporations may benefit from the story of Barbie in India. In order for a global corporation to succeed overseas, it must adhere to the written and the unwritten laws of a foreign people. Part I of this paper discusses the era of globalization and its profitable impact on multinational corporations, like Mattel. This section provides an overview of Mattel’s Barbie brand and its corporate philosophy behind marketing the doll to young girls around the world. Part II examines Mattel’s business practices in the Indian market both before and after India’s economic liberalization in 1991 and discusses the way in which reforms in trade policy impacted Mattel. Part III argues that Barbie’s failure in India resulted from the doll’s sexualized body and her inauthentic depiction of Indian culture. This section discusses the way in which Barbie’s hyper-sexualized physique directly defied Indian cultural norms regarding sexuality and gender, ultimately leading to Mattel removing the Barbie doll from the Indian mass market. The article concludes with a reflection on the importance of responsible corporate marketing and the way in which willful ignorance of local normative policy creates a strong risk of international failure.

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Making Health a Human Right: The World Health Organisation and the United Nations Programme on Human Rights and Scientific and Technological Developments

Benjamin Mason Meier 
University of North Carolina at Chapel Hill
April 3, 2011

This article explores the role of the World Health Organisation (WHO) in establishing global health governance through human rights, tracing WHO’s evolving participation in the United Nations’ (UN’s) Programme on Human Rights and Scientific and Technological Developments. From a fear of the risks of technology arising out of the 1968 International Conference on Human Rights, the UN would frame medical science as a serious threat to the rights and freedoms of individuals. However, once WHO actively asserted a position that identified health as a human right, this WHO emergence in rights-based policy discourse would come to reframe science and technology positively in global health policy. With WHO focusing on the right to health as a source of positive obligations on states to realise the benefits of science and technology for the public’s health, this analytic narrative highlights a path through which human rights has come to frame global health.

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Fraternity, Responsibility and Sustainability: The International Legal Protection of Climate (or Environmental) Migrants at the Crossroads

Benoit Mayer 
Centre for International Sustainable Development Law (CSIDL); McGill university, faculty of law
April 1, 2011

Many lands are becoming uninhabitable because of anthropogenic global warming, either through the rise in sea-level and increasingly severe climate dangers (e.g. Bangladesh, the Maldives) or through desertification (e.g. Nigeria, Egypt). Up to 350 million people may be displaced before 2050 and many will be coerced into seeking refuge abroad. An argument for an international protection of climate migrants may be derived from one or another of the following notions: 1. Fraternity: international responsibility to protect Human Rights of foreign populations whose state is unable to do so, 2. Responsibility, in particular through the common but differentiated responsibility principle or the doctrine of unjust enrichment or a regime of strict liability, or 3. Sustainability: protection of peace and security and human security. Each justification would lead to dramatic differences relating to the nature and the scope of states’ obligations, as well as to the content of climate migrants’ protected rights.

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YouTube from Afghanistan to Zimbabwe: Tyrannize Locally, Censor Globally

Hannibal Travis
Florida International University College of Law
April 1, 2011
Florida International University Legal Studies Research Paper No. 11-10

This chapter in a forthcoming book attempts to map global patterns by which local tyrannies become sources of potentially global infringements on freedom of expression, particularly but not exclusively on the YouTube Web site. It illustrates certain parallels between the efforts to force copyright filters on YouTube and the Web in the West, and to harden the Great Firewalls of China, Arabia, and Persia in the East. The parallels include preemptive filtering, deep packet inspection, overbroad restrictions, and harms to user privacy. . . .

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Conflict, Peace and Women: International Initiatives – Focus on Europe

Uzma Shujaat
Area Study Centre for Europe
March 31, 2011

Armed conflict negatively affects women, particularly owing to gender-specific vulnerabilities. This negative impact of armed conflict on women is not recognized or addressed by the mainstream, for the perceptions about conflict and post-conflict reconstruction programmes are usually gender blind. Gender inequalities reflect the power imbalances of the social structures that exist in pre-conflict periods and its aftermath. The reason why such gender blindness persists is because of the stereotypical interpretations of societies and the conflicts that afflict them.

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Accountable Altruism: The Impact of the Federal Material Support Statute on Humanitarian Aid

Peter Margulies 
Roger Williams University School of Law
March 31, 2011
Roger Williams Univ. Legal Studies Paper No. 104

[posted April 2, 2011]

Humanitarian groups face a dilemma after the Supreme Court’s decision in Humanitarian Law Project v. Holder (HLP) upholding Congress’s prohibition on “material support” to designated foreign terrorist organizations (DFTOs). Prohibited material support could include mainstays of humanitarian aid: tangible assistance such as food and building materials that a DFTO diverts from intended recipients, as well as advice on conflict resolution that aid groups provide to further peaceful outcomes. Aid groups complying with the statute’s restrictions might appear to be taking sides, thus violating the principle of neutrality. Aid officials that ignore the statute expose their group to criminal prosecution.
This Articles argues that aid groups and the United States government can agree on a regime of tailored accountability that avoids these stark scenarios. To buy into this regime, aid groups would have to recognize the merit of the HLP Court’s finding that DFTOs exploit humanitarian aid and advice. The Court’s warning dovetails with an internal critique of humanitarian activities during the Rwandan genocide, when fighters converted humanitarian aid into logistical support. Aid groups knew this, but competition for media attention and donor dollars sparked a race to the bottom. In a regime of tailored accountability, the government would also have to recognize that humanitarian aid alleviates suffering and enhances the United States’ soft power. . . .

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Fog in GATS Commitments – Boon or Bane?

Rudolf Adlung 
World Trade Organization
Peter Morrison 
affiliation not provided to SSRN
Martin Roy 
World Trade Organization (WTO) – Trade in Services Division
Weiwei Zhang 
affiliation not provided to SSRN
March 31, 2011

The creation of the General Agreement on Trade in Services (GATS), in the Uruguay Round, and its entry into force in 1995 marked a new stage in the history of the multilateral system. It was motivated essentially by the rapid expansion of international services trade within an increasingly open environment in many countries. Given the peculiarities of services trade, including the intangible nature of the products concerned and the need for direct contact between supplier and user in many cases, the Agreement contains a variety of conceptual innovations, including its extension to modes of supply beyond conventional cross-border trade (consumption abroad, commercial presence, and presence of natural persons) and its coverage, and legitimization, of various types of non-tariff restrictions. In turn, the new concepts needed time to be absorbed by the ministries and agencies involved in services trade. Further, the positive-list, or bottom-up, approach to scheduling trade commitments under the GATS meant that great flexibility was given to Members in selecting the sectors concerned and specifying the levels of access provided under individual modes. Thus, not surprisingly, the schedules that emerged from the Uruguay Round, which still account for the majority of current commitments, contain a variety of unclear or superfluous entries that may cause interpretation problems. Their solution could contribute significantly to the clarity and comparability of access obligations across sectors and WTO Members. The scheduling conventions agreed for the Doha Round thus provide specifically for the possibility of technical refinements that leave the substance of commitments unchanged. However, not only was this possibility used more sparingly to date than might have been expected, but additional flaws would be introduced if some current offers were to enter into effect. The following discussion, with a focus on a particular group of entries (market access via commercial presence), tries to explain the scope for such refinements and develop a clearer picture of the areas where further action might be needed.

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Language Policy in Ukraine: International Standards and Obligation, and Ukrainian Law and Legislation

Bill Bowring 
Birkbeck College – School of Law
March 31, 2011

Language policy in Ukraine has a political and historical context of unique complexity, even when compared with other post-colonial linguistic puzzles, for example those in Ireland, Spain or Turkey. As Kulyk points out, the Soviet past is “… the only past common to all Ukrainian regions, because it was only in the 1940s that they found themselves in one polity after many centuries of divided existence.” This Report does not seek to analyse the often heated politics of post-Soviet Ukraine, which I have explored over the years in relation to a number of issues, and which are analysed in this volume. It is of course essential to consider law in its social and political context. What follows is an attempt to analyse and evaluate existing and proposed law and practice, and to make recommendations.

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Dignity as an Expressive Norm: Neither Vacuous Nor a Panacea

Tarunabh Khaitan 
Faculty of Law, University of Oxford
March 25, 2011

Proponents of dignity see it as a useful tool which solves the most important (if not all) of the practical and theoretical problems in human rights law. Arguing against the sympathetic position on the other side of the debate are the sceptics, who have raised troubling questions about dignity’s alleged indeterminacy, as well as about the illiberal role that it has allegedly played in certain contexts. In this paper, I argue that designing a defensible and useful conception of dignity which is distinguishable from other values such as equality and autonomy may be possible, but not without addressing some genuine infirmities that the critics have pointed out. If there is indeed such a conception of dignity, it is likely to be “expressive” in character. I therefore argue that the legal ideal of dignity is best understood as an expressive norm: whether an act disrespects someone’s dignity depends on the meaning that such act expresses, rather than its consequences or any other attribute of that act.

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Protected Areas and the Impact of Restricted Access on Local Livelihoods: The Case of Biligiri Rangaswamy Temple Wildlife Sanctuary, India

Ozmond Roshan D’Souza
Unaffiliated Authors
Nitin D. Rai
affiliation not provided to SSRN
March 23, 2011

Forest dwelling communities, and indigenous tribes, have for centuries depended on forest resources for their livelihoods. In recent times the establishment of protected areas has affected this dependence. Here we discuss the impacts of protected areas on local livelihoods. The core argument of the paper is that conservation policies have ignored the people dependent on forest resources for generations and this contributes to increased poverty. While there is no denying the fact that conserving biodiversity is a top priority for environmentalists, we might ask why doing so should be at the cost of driving forest dependent communities to poverty. Our paper while discussing conservation (protected area) induced displacement and it’s impact on forest dwelling communities, draws upon Cernea’s (2006) argument that ‘restricted access’ has the same effect as that of physical relocation. We argue that ‘restricted access’ to a community’s resource streams negatively impacts their livelihoods, and drives them to poverty. . . .

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Imbalance of World Heritage List: Did the UNESCO Strategy Work?

Lasse Steiner 
University of Zurich
Bruno S. Frey 
University of Zurich – Faculty of Business Administration – Institute for Empirical Research in Economics (IEW)
March 1, 2011
University of Zurich, Economics Working Paper No. 14

[posted April 13, 2011]

The official intention of the UNESCO World Heritage List is to protect the global heritage. However, the imbalance of the distribution of Sites according to countries and continents is striking. Consequently, the World Heritage Committee launched the Global Strategy for a Balanced, Representative and Credible World Heritage List in 1994. To date, there have not been any empirical analyses conducted to study the impact of this strategy. This paper shows that the imbalance did not decrease and perhaps increased over time, thus reflecting the inability of the Global Strategy to achieve a more balanced distribution of Sites.

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The Lines Begin to Blur? Opinio Juris and the Moralisation of Customary International Law

Noora Johanna Arajärvi 
European University Institute; Tilburg University – Department of European & International Public Law
March 2011

[posted April 26, 2011]

According to Article 38(1) of the Statute of the ICJ, customary international law is traditionally composed of two elements, state practice and opinio juris sive necessitatis (“opinio juris”): the practice and the belief that the practice is required by law. The notion of customary international law, however, has been changing and both practice and opinio juris have assumed novel and broader forms. It has been attested that opinio juris has broadened the impetus “to follow the norm out of a sense of legal or moral obligation”. For instance, international tribunals have found “existing customary international law” when actual practice has been absent, but morally compelling reasons have led the court to rule on the illegality of certain atrocities. Hence, the internal inconsistencies in the understanding of opinio juris within the doctrine are centered on morality. This article explores, with references to selected case-law, whether we are in the realm of a new, more inclusive concept of customary international law – in the wake of a new source of international law not explicitly listed in the Article 38(1) of the Statute of the International Court of Justice – or simply uncovering moral norms disguised as custom.

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Justice in Burma

Scott Nowak
Michigan State Journal of International Law
January 23, 2011
Michigan State University College of Law, Journal of International Law, Vol. 19, No. 3, 2011

Burma (Myanmar) is a nation that – since 1990 – has been illegitimately controlled by a military junta known as the State Peace and Development Council (SPDC). During their rule, the world has been witness to widespread and systematic abuses of the Burmese people that are alleged to be SPDC policy. The dire situation existing within Burma is thoroughly detailed in “Justice in Burma,” with the paper’s intentions being to detail how a trial of SPDC leadership would unfold before the International Criminal Court on charges of war crimes and crimes against humanity. The paper further places the Burmese struggle in the context of historical factors that brought such a global court into existence; it also looks at contemporary international relations to decipher whether such a trial is realistically possible.

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The Two-Trillion Dollar Carve-Out: Foreign Manufacturers of Defective Goods and the Death of H.R. 4678 in the 111th Congress

Andrew F. Popper 
American University, Washington College of Law
BNA Insight, Vol. 26, No. 4, January 2011
American University, WCL Research Paper No. 2011-09

[posted April 10, 2011]

Whatever happened to H.R. 4678, The Foreign Manufacturers Legal Accountability Act? While at first the bill looked like it would sail through, vocal and well-funded opposition from foreign manufacturers and their U.S. representatives placed its future in doubt – and ultimately killed the bill. Gross sales of foreign manufactured goods in the U.S. exceed two trillion dollars annually. Conservatively, there are tens of millions of defective, dangerous, and in some instances deadly goods produced abroad for sale in U.S. markets (e.g., Chinese dry-wall, toxic levels of lead paint on toys, contaminated pet food, allegedly lurching cars, infant cribs that to give rise to the prospect of strangulation, etc.). Because of the complex post-Asahi minimum contacts puzzle, many of those producers are not subject to tort liability in state courts regardless of the fact that their products are dangerous and likely to be sold in the U.S. H.R. 4678 would have required foreign manufacturers of certain products and component parts to designate a registered U.S. agent to accept service of process in a state where the manufacturer has a substantial connection either through importation, distribution, or sale of its products. This was a simple, elegant, and appropriate step forward. It would have leveled the civil liability landscape, stripping foreign manufacturers of an unfair advantage over domestic manufacturers and addressing a powerful but understandable anomaly in our legal system. By making possible litigation against those who place into the stream of commerce defective goods, the bill would have triggered the corrective justice incentive mechanisms of the tort system. When you create the realistic possibility for liability, you activate incentives to make safer and more efficient products. All too many foreign manufacturers selling products in the United States have secured the rich financial benefits of the U.S. marketplace without being subject to U.S tort law. A simple and wise legislative initiative could have changed that, leveled the playing field for U.S. businesses subject to tort law, and in so doing, protected U.S. consumers. Unfortunately, politics and self-interest stood in the way.

B. Pre-2011 Research Posted This Week

American University International Law Review

American University Digital Commons

Volume 25 (2010)

Volume 24 (2009)

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Individual Rights and Transnational Networks

Francesca Bignami 
George Washington University – Law School
COMPARATIVE ADMINISTRATIVE LAW, pp. 632-638, Susan Rose-Ackerman, Peter L. Lindseth, eds., 2010

[posted April 25, 2011]

Transnational regulatory networks have become increasingly powerful over the past decades. For public law scholars, one of the most pressing questions raised by transnational networks is whether they respect the constitutional and administrative principles that have been developed within the context of the nation state. Although the focus of recent scholarship has been the democratic accountability of networks tasked with agenda-setting and rule-making powers, certain networks are also responsible for individualized decision-making and carry the risk of undermining liberal rights. Examples include the UN Sanctions Committee, Europol, and the administration of EU customs and agricultural policy. This contribution identifies some of the challenges of protecting rights in the radically fragmented universe of network governance and offers reflections on how these challenges might be met based on the longstanding experience of the European Court of Justice.

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Les Références Croisées Entre Les Juridictions Internationales Des Droits De L’Homme (Cross-Fertilization between International Human Rights Courts) (in French)

Ludovic Hennebel 
Perelman Center for Legal Philosophy; Magna Carta Institute
P. Martens, et al., LE DIALOGUE DES JUGES, 2007 

[posted April 25, 2011]

This paper examines the “cross-fertilization” of norms and jurisprudence between the European Court of Human Rights, the Human Rights Committee of the United Nations, and the Inter-American Court of Human Rights.

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The International Criminal Court and Non-Party States

William A. Schabas 
University College, Galway (UCG) – Faculty of Law; Criminal Law Forum; Irish Centre for Human Rights
Windsor Yearbook of Access to Justice, Vol. 28, No. 1, p. 1, 2010

[posted April 23, 2011]

Although more than half of the States in the world are parties to the Rome Statute of the International Criminal Court, more than eighty have yet to ratify. The article considers the relationship of the Court with these non-party States. It examines the exercise of jurisdiction over their nationals, arguing that international law immunities continue in force despite the terms of the Statute. Declarations of jurisdiction by non-party States are also studied, including the declaration formulated by the Palestinian Authority with respect to Gaza in January 2009. Non-party States may be asked to cooperate with the Court and, where so ordered by the United Nations Security Council, they may be required to do this.

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Conceptualizing Global Substantive Justice in the Age of Obama

Adrien K. Wing 
University of Iowa – College of Law
Journal of Gender, Race & Justice, Vol. 13, p. 705, 2010
U Iowa Legal Studies Research Paper No. 11-18

[posted April 22, 2011]

What would the United States look like if it stood on the side of peace and justice? In this keynote address, Adrien Wing advocates that it would have to support substantive justice. It must commit itself to respecting and using international law to further this type of justice. The United States must seriously consider adopting second-generation rights in the Constitution as well as ratifying ICESCR, CRC, and CEDAW. It must catch up with its peers by prioritizing gender equality and adding it to the Constitution. The author examines what such a concept would mean in the age of Obama through the lens of Critical Race Theory (CRT). Part II of the article presents some key policy points. Part III focus on what might become discussable during the Obama administration, although might not come to fruition until long afterward. Part IV concludes with recommendations.

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Global Health Governance and the Contentious Politics of Human Rights: Mainstreaming the Right to Health for Public Health Advancement

Benjamin Mason Meier 
University of North Carolina at Chapel Hill
Stanford Journal of International Law, Vol. 46, No. 1, 2010

[posted April 22, 2011]

This Article chronicles the evolution of a human right to health, focusing on WHO’s role in developing and implementing these legal obligations. Through legal analysis of treaty language and historical analysis of treaty travaux préparatoires (official preparatory documents) – complemented by archival research examining the internal communications of both the U.N. and WHO – this research examines WHO’s contributions to (and, in many cases, negligence of) the evolution of the right to health, analyzing how WHO has mediated the translation of health discourse into health rights. While other studies have examined the treaty language of the right to health, no previous study has examined the underlying organizational discourses that developed the basis for international treaty negotiations. Only through an analysis of these institutional communications in global health governance does it become possible to understand the seminal competing norms that culminated in the international legal language of the human right to health, highlighting the institutions underlying the successes and failures of those norms in achieving state obligations for health.

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The Interplay Between U.S. Statutory Rights and Public Policy Under the FAA/New York Convention in International Disputes

Daniel Schwarz 
University of Miami – University of Miami Law Review
November 23, 2010

[Posted April 19, 2011]

The “prospective waiver” doctrine allows U.S. courts to invalidate or sever arbitration clauses in otherwise valid agreements to arbitrate where arbitrating under foreign law would prevent a U.S. party from seeking relief under a U.S. statute. The loss of this opportunity is said to affront U.S. public policy. This paper acknowledges that courts’ application of this idea has resulted in the need for a more fundamental revisiting of the question of whose law should be “mandatory” in international arbitration. But more specifically, this paper proposes appropriate sets of factors for pre-arbitration courts, arbitrators, and post-arbitration enforcement courts to consider in balancing the competing forces of desiring to protect vulnerable parties, to hold parties to their bargain, to give regard to the general preference for international arbitration as a beneficial means for resolving international commercial disputes, and otherwise to ensure that the interest in effective implementation of public policy is not stifled.

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Unsafe Abortion in 2008: Global and Regional Levels and Trends

Iqbal Shah 
WHO
Elisabeth Ahman 
COnsultant, Preventing Unsafe Abortion, Department of Reproductive Health & Research, WHO, Switzerland
Reproductive Health Matters, Vol. 18, No. 36, pp. 90-101, November 2010

[posted April 19, 2011]

Despite the availability of safe and highly effective methods of abortion, unsafe abortions continue to be widespread, nearly all in developing countries. The latest estimates from the World Health Organization put the figure at 21.6 million unsafe abortions worldwide in 2008, up from 19.7 million in 2003, a rise due almost entirely to the increasing number of women of reproductive age globally. No substantial decline was found in the unsafe abortion rate globally or by major region; the unsafe abortion rate of 14 per 1,000 women aged 15-44 years globally remained the same from 2003 to 2008. Modest reductions in unsafe abortion rates were found in 2008 as compared to 2003 in most sub-regions, however. The upward changes in rates in Middle Africa, Western Asia and Central America were due to better coverage and more reliable information in 2008 than in 2003. Eastern and Middle Africa showed the highest rates of unsafe abortion among all sub-regions. Some 47,000 women per year are estimated to lose their lives from the complications of unsafe abortion, almost all of which could have been prevented through better access to sexuality education, fertility awareness, contraception and especially safe abortion services.

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The Sources of International Human Rights Law and Their Application in the United States of America

Michele Maria Porcelluzzi 
Bocconi University – Institute of Comparative Law (IDC); Duke University – School of Law
October 22, 2010

[posted April 17, 2011]

Is the torture morally and legally justifiable in some cases? What is the relations between the Human Rights and the International Law? Is the International Law applied by the U.S. Courts? Can the Human Rights be considered jus cogens? What are the preemptive norms? Is the sentence “less free but more safe” true? These are some of the questions that this article tries to answer. This paper considers the sources of International Human Rights Law and their application by the Courts of the United States. Based on the recent decisions of different Courts and the Restatement (third) of the Foreign Relations law of the United States, the paper explains how the judges apply the Treaties and criticizes the “self executing” character as too strict described by the U.S. Supreme Court in Meddelin v. Texas .

Further, the paper analyzes the concept of Customary International Law, its relation with Human Rights, and the different theories about the application of International Custom in U.S. Courts. The article argues that Customary International Law is federal Law of U.S., with the traditional theory of the Customary International Law. I think the needs to protect Human Rights and the fact that many national constitutions provides the automatic incorporation of customary international law caused the distortions of the definition of International Custom which is accepted by some scholars like a religious dogma. In my prospective, according to the Restatment and Schachter, only few Human Rights provisions can be retained Customary Law because in compliance with the two requirements: state practice and opinion juris.

The most innovative part of the article is about the jus cogens, its definition and its content. Analyzing all the positions about it and its application by the Greek Aeropago and Italian Corte di Cassazione, the paper affirms the existence of jus cogens and rethinks its role in International Law. In particular, the paper answers to the three questions which Antony D’amato wrote in his article in which criticizes the concept of jus cogens: 1. What is the utility of a norm of jus cogens? 2. How does a purported norm of jus cogens arise? 3. Once one arises, how can international law change it or get rid of it?

The conclusion is about the function of International Law and his role played in the defense of Human Rights. The paper argues that the principal purpose of International Law, in order to defend all the people and all the human beings, is avoiding this “injection of hate” in faithfulness bringing forth justice. That is settling common rules among the nations mainly through the agreement of the States but also through those norms essential for the pacific consistence of the people.

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SPS National Measures Under the WTO or the Uneasy Relationship Between Science and Trade Law

Katia Fach Gómez
University of Zaragoza
September 3, 2010

This paper is going to explain the substance of the SPS Agreement, which is focused on achieving a balanced relationship between biotechnology and international trade. Various cases decided by the WTO settlement system in this area will also be referenced (Part II). In addition, the paper will focus on a particularly controversial aspect of applying the SPS Agreement: the Assessment of Risk and Determination of the Appropriate Level of Sanitary or Phytosanitary Protection. The strict interpretation of what the DSS has been doing in regards to Article 5 SPS Agreement has meant so far that all national measures have been considered inconsistent with the SPS Agreement. This result is questionable and calls for reflection on how regulatory diversity on sensitive issues such as SPS measures can be considered as beneficial, or at least tolerable, in the realm of the WTO (Part III). To analyze this question from different prisms, the paper will also devotes a section to study the SPS Agreement from the perspective of the developing countries (Part IV). Once all of these considerations have been made, the paper will present a final conclusion (Part V).

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Hedge Funds, Human Rights, and Her Majesty’s Treasury: Challenging the Margin of Appreciation Under the European Convention on Human Rights

Michael John Fanizzo Jr. 
affiliation not provided to SSRN
February 1, 2010

[posted April 20, 2011]

In the European Court of Human Rights, a feature of international law called the margin of appreciation often precludes full substantive analysis of legitimate claims arising under the European Convention on Human Rights. The margin of appreciation is a deference that the international court provides to a challenged government for public policy legislation. . . . In SRM Global Master Fund LP v. Treasury Commissioner, shareholders invoked the Convention in the British Court of Appeal to challenge the compensation scheme for shares expropriated by the British government when it nationalized a bank. The Human Rights Act, passed by the British Parliament in 1998, provides jurisdiction in British courts for claims arising under the Convention. Under the Act, the source of law for British courts is the European Court of Human Rights. When shareholders invoked the Convention to challenge the compensation scheme for the nationalization, the British Court of Appeal applied a wide margin of appreciation and upheld the scheme. The court determined that the subsidization, and subsequent nationalization, amounted to public policy and, consequently, merited a wide margin of appreciation application. This Note asserts that claimants should preclude a wide margin of appreciation to achieve substantive review of expropriation compensation challenges under the European Convention of Human Rights. The claimants in SRM Global Master Fund LP v. Treasury Commissioner unsuccessfully attempted this; however, the case’s facts and decision reveal a promising strategy. Using the facts, arguments, and analysis in SRM, as well as precedent under the Convention, this Note targets the consideration that triggers a wide margin of appreciation: public policy. By asserting that the challenged expropriation is a distinct expropriation, an expropriation lacking a public policy basis, claimants may preclude a wide margin of appreciation and gain substantive review of their claims.

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An Ever Distant Union: The Cross-Border Loss Relief Conundrum in EU Law

Violeta Ruiz Almendral 
Universidad Carlos III de Madrid
Intertax, Vol. 38, No. 10, p. 476, 2010

[posted April 20, 2011]

Cross-border loss relief may well be the last milestone, barring total tax consolidation, in the EU market integration from a tax law perspective. As the Commission’s Communication on the Tax Treatment of Losses in Cross-Border Situations demonstrates, there is yet a lot of ground to be covered in harmonizing this aspect of corporation income taxes. While the CCCTB proposal seems to be stalled, a series of relatively recent ECJ cases (among other, X Holding BV) may be tilting the balance in the interest of Member States, for the first time allowing the safeguard of revenues, or the “balanced allocation of taxing powers” to be the deciding argument in allowing restrictions on the offsetting of losses. Losses cannot be analyzed in isolation of the rules to determine the taxable base, as they are one more piece in the tax base puzzle. In the paper I focus on two issues: multinational groups and permanent establishments, as they comprise the main problems arising in Cross-border Loss Relief. The different methods employed to grant loss relief are assessed, as well as the new OECD proposals on the taxation of permanent establishments. My main argument is that restrictions of loss relief have an effect that go beyond discriminating or restricting, i.e., beyond making it “less attractive” to move around the EU. Such restrictions touch the core of taxation of income. If no loss relief is provided, the tax is not reflecting the real ability to pay, thus not only is it not being neutral and it is being inefficient, it is also creating a fictional tax debt.

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Introduction: Contemporary Food Regulatory Regimes and the Challenges Ahead

Alessandra Arcuri 
Erasmus University Rotterdam (EUR) – Erasmus School of Law
Erasmus Law Review, Vol. 3, No. 4, p. 197, 2010

[posted April 19, 2011]

Food is one of the fundamental elements of human life: it guarantees survival, it can dispense death and, above all, as Marcel Proust reminds us, it is deeply connected to our own ‘essence,’ having the power of blessing men with ‘exquisite pleasure’ and ‘all-powerful joy.’ Given the exceptional nature of the regulated matter, regulating food transcends its own domain, mirroring some of the most crucial challenges of regulating contemporary societies. This short introduction to the issue of Erasmus Law Review on ‘food regulatory regimes and the challenges ahead’ identifies two interlinked challenges for contemporary ‘food regulators’: the first is how national and regional regulators can best deal with the increasingly globalised nature of food production and the second is how to create consistency and harmony in a highly fragmented regulatory space. The four contributions to this issue all deal with these two challenges, albeit in different ways.

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Multi-Level Governance in Competition Policy: The European Competition Network

Firat Cengiz 
Tilburg Law School, University of Tilburg; Tilburg Law and Economics Center (TILEC)
European Law Review, Vol. 35, p. 661, 2010

[posted April 9, 2011]

This article analyses the general characteristics and practical cooperation mechanisms of the European Competition Network (ECN) as well as the initial experiences of policy enforcement through this network in the light of and in response to the European Commission Report on the Functioning of Regulation 1/2003. In general, this analysis is positive regarding the initial experiences of ECN. The article, however, finds significant accountability and due process problems caused in particular by the opacity of network management. Primarily, the article argues that, as an unintended consequence of Modernisation, EU competition policy has become vulnerable to the general systemic problems of multi-level governance.

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Creating Global Alliance for Effective Mechanism Against Cartels

Geetan Ghumman 
Symbiosis Law School
November 20, 2010

[posted April 7, 2011]

The term “cartel” refers to the worst kind of such communication, as it deals with the creation of agreements to fix prices of goods and services at an artificially high level. Cartels are universally established as being the most pernicious form of agreement for competition regulators. The OECD refers to them as “the most egregious violations of competition law,” and has repeatedly found that one of the most important goals of Competition Policy must be to root out cartels. The European Union has repeatedly stated the harms caused by them in terms of reducing consumer welfare and distorting allocative efficiency. Small number of firms in an industry, high concentration, barriers to entry, low technological advancement, homogeneous product, strong ability of competing firms to exchange information on price and other terms of sale, uniformity in cost or efficiency, severe punishment which can be inflicted on the cheater, and effective trade association etc. make it conducive for firms to cartelize and to continue as such on a long term basis. The less fear of detection and punishment also encourages firms to cartelize.

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Australia’s Accession to the ‘Cybercrime Convention’: Is the ‘Convention’ Still Relevant in Combating Cybercrime in the Era of Botnets and Obfuscation Crime Tools?

Alana Maurushat 
University of New South Wales (UNSW) – Faculty of Law
University of New South Wales Law Journal, Vol. 33, No. 2, pp. 431-473, 2010
UNSW Law Research Paper No. 2011-20

[posted April 4, 2011]

The key aspects and features of the Council of Europe’s Convention on Cybercrime are discussed. Cybercrime will need to be addressed through changes to protocol, education and training of end users and businesses, more secure practices by business, continued efforts by software and hardware companies to produce more secure products.

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Imaginary Risk, Public Health Regulation, and WTO Trade Dispute: A Rational Choice
Perspective

Jinyul Ju 
Pusan National University
Asian Journal of Law and Economics, Vol. 1, No. 1, 2010

In this essay I seek answers to the following questions: why is it so difficult to resolve international trade disputes caused by domestic health risk regulation against a foreign food; why does the WTO legal system not work very well in solving the disputes; and what might be done to resolve the disputes properly. I argue that it is irrational public fear which gave rise to decades-long, complex, and serious trade disputes. If the public are free from irrational fear, then there might be no pressure to impose an import ban and, consequently, no trade dispute and no non-compliance. Therefore an ultimate solution to trade conflict due to irrational fear should be sought in addressing imaginary risk directly. I suggest that the disputing parties provide consumers with information about their own welfare loss caused by the misguided import ban so that the public can make a rational decision on the imaginary risk problem.

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Ongoing Debates on Participatory Governance in the EU: Evidence from Consumer Protection and Health

Paulette Kurzer 
University of Arizona
Alice H. Cooper 
affiliation not provided to SSRN
Western Political Science Association 2010 Annual Meeting Paper

This paper addresses the debate on participatory governance and the impact of non-governmental organizations on European Union decision making. The literature argues that NGOs carry limited weight and are often outmaneuvered by business. We look at the EU Platform on Diet, Physical Activity and Health. Consisting of representatives from business and health/consumer organizations, the Platform established a venue in which corporate and societal interests are formally equal. We argue, however, that even the Platform exhibits asymmetry of influence between the two, and NGOs’ preferences remain subordinated to the interests of producer/business groups. In spite of equal representation on the Platform, the food industry persuaded European institutions to accept industry self-regulation and to adopt its preferred version of a pan-European nutritional labeling law.

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Asylum Rights and Wrongs:

What the Proposed Refugee Protection Act Will Do and What More Will Need to Be Done

Michele R. Pistone

Villanova University Legal Working Paper Series. Villanova University School of Law Working Paper Series. Working Paper 159 (2010)

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) added major new restrictions to U.S. asylum law. Several other laws passed in the wake of 9/11 produced additional restrictions. Various proposals to modify or even eliminate the changes made by IIRI¬RA and the post-9/11 laws have been introduced over the years; the Refu¬gee Protection Act of 2010 (RPA) is the most prominent recent example of these efforts. As this Article details, the RPA has much to commend within it, especially its proposed elimination of the one year deadline for asylum applications that was originally imposed by IIRIRA.

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MOU between New York and New South Wales

J. J. Spigelman
Supreme Court of New South Wales
Bar News, pp. 79-81, Summer 2010-2011
New York State Bar Association International Law Practicum, Vol. 23, p. 79, 2010

This paper sets out the objectives of the Memorandum of Understanding signed between the Chief Justice of New South Wales and the Chief Judge of New York. Globalisation has expanded the scope and range of cross-border legal issues that arise in the course of dispute resolution. The MOU creates an innovative mechanism for determining a question of law of one jurisdiction when it arises in legal proceeding in the other jurisdiction. The traditional mechanism for proof of foreign law is on the basis of expert evidence. This method is plagued by numerous inadequacies, including cost, delay, and a propensity to lead to entirely incorrect conclusions. The MOU will enable the Court in one jurisdiction to provide an advisory opinion on a question of that jurisdiction’s law arising in the other jurisdiction.

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The Global Financial Crisis and Australian Courts

J. J. Spigelman 
Supreme Court of New South Wales
Australian Law Journal, Vol. 84, p. 615, 2010

The effects of the global financial crisis after the collapse of Lehman Brothers are discernible in Australian courts. This paper surveys the range of legal proceedings that have flowed from the credit crunch and the resultant corporate collapses. The litigation discussed is characterised by its complexity, which is partly a consequence of the highly leveraged and interlocked nature of failed companies and investment schemes, and by the significance of cross-border issues. The crisis has highlighted the need for cross border judicial co-operation in resolving commercial disputes in a cost effective way including assistance with service of process and evidence, applications for freezing and search orders, interim measures in commercial arbitration, and the harmonious resolution of cross border insolvency issues.

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Pre-Trial Detention and Control Orders Under British Anti-Terror Legislation Post 9/11: Balancing a Need for Security With the European Convention on Human Rights – An Overview

Sascha-Dominik Oliver Vladimir Bachmann 
affiliation not provided to SSRN
Peter Galvin 
affiliation not provided to SSRN
Windsor Yearbook of Access to Justice, Vol. 28, No. 1, p. 185, 2010

[posted April 23, 2010]

Contemporary British anti-terror legislation has been characterised by an extensive use of extra-ordinary detention measures: the Terrorism Act 2000 and Terrorism Act 2006 contain provisions, which enable the extended pre-charge detention of terror suspects beyond the limits of normal criminal procedure. The now repealed provisions of Part IV of the Anti-terrorism, Crime and Security Act 2001 allowed the indefinite detention of foreign national terror suspects on a quasi-judicial basis. Its successor, the Prevention of Terrorism Act 2005, enables the use of Control Orders, effectively a form of house arrest characterised by restrictions on an individual’s liberty. In short, these measures have in common the extensive limitation of the individual’s right to liberty under Article 5 of the European Convention on Human Rights. Whilst the judiciary have curtailed the most abhorrent manifestations of such extraordinary measures, as detailed, the legal framework as it exists today, still raises ECHR compliancy issues. Legal reformation should be sought to end such an impasse by amending at the very least the statutory framework already in place. Ideally anti-terror detention provisions should be brought back within the sphere of criminal law and in compliance with the ECHR.

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Law, Force, and Resistance to Disorder in Herman Melville’s Billy Budd

Lawrence Friedman 
New England School of Law
Thomas Jefferson Law Review, Vol. 33, No. 1, 2010

[posted April 18, 2011]

The Herman Melville law and literature classic, Billy Budd, Sailor (an inside narrative), illustrates the choice between force and law as means by which to achieve public order in a community. In that story, Captain Edward Fairfax “Starry” Vere believes the law leads inexorably to the determination that the sailor Billy Budd must be tried and executed for causing the death of the ship’s master-at-arms, John Claggart. Like other commentators – including Richard Weisberg and, more recently, Daniel J. Solove – I conclude that, within the context of the story, the law did not, in fact, dictate such a determination. Captain Vere had the discretion, in the circumstances, to choose between following the path of law or not. Relying upon the facts and law as Melville gives them in the story, I suggest an explanation for Vere’s actions, if not necessarily a justification: Vere, by virtue of character and temperament, had a need for order in the midst of the creeping anxiety that disorder was near at hand. Vere’s aversion to disorder both private and public precipitated his reliance upon force, rather than law, to prevent the disruption he feared might result from a failure to punish Billy for the death of the master-at-arms. This disruption may be seen as proxy for the larger currents of disorder that may disturb nearly any community. And though his decision to use force may have led to a return to the status quo condition of order on board the H.M.S. Bellipotent, the long-term impact of Vere’s decision was not quite so clear. There are lessons to be drawn from that decision about the value of adherence to the rule of law, even when such adherence may not appear to be expedient.

……

The Scope of the Obligation to Respect and to Ensure Respect for International Humanitarian Law

Tomasz Zych 
affiliation not provided to SSRN
Windsor Yearbook of Access to Justice, Vol. 27, No. 2, 2009

[posted April 25, 2011]

This article disputes what seems to have become the dominant interpretation of the obligation to respect and to ensure respect for International Humanitarian Law, as codified in common Article1 of the Geneva Conventions and in Article 1(1) of Additional Protocol I. According to this dominant interpretation, States are required to take all appropriate measures to ensure that IHL is observed universally, including by other States and by non-State actors operating in other States. It is argued that the intention of the High Contracting Parties, coupled with their subsequent practice, calls for a much more narrow interpretation of that obligation.

……

The Concept of Treaty in Relation to War and Peace in Islam

Muhammad Munir 
International Islamic University Islamabad (IIUI)
Fikro Nazar Urdu Journal, Vol. 47, No. 1, July-September 2009

[posted April 22, 2011]

This article explains the law of peace treaties in Islam. Its findings are that the Imam (Muslim head of state) can enter into a peace treaty if it is beneficial for the Muslims and its provisions are not against the injunctions of Shari‘a. According to the preferred opinions of Muslim fuqha, the duration of a peace treaty is left to the Imam who will decide it in the interest of Muslim community. A Muslim state can terminate a treaty (a) on the expiry of its period, (b) if the other party breaches one of its fundamental provisions, (c) if the other party directly or indirectly assists a third party to wage war against the Muslims, (d) if the other party was hatching a conspiracy against the Muslims. Some Muslim jurists consider aman (pledge) as a kind of treaty. The agreement of jizya (poll-tax) between non-Muslim citizens of Muslim state and it is practically abolished as such non-Muslims are protected under the Constitutions of Muslim states.

……

Externalized Borders and the Invisible Refugee

Lori A. Nessel 
Seton Hall University School of Law
Columbia Human Rights Law Review, Vol. 40, No. 625, 2009

[posted April 20, 2011]

This Article undertakes a comparative analysis of external border enforcement measures in the European Union and the United States, with particular emphasis on the efforts of both to curtail migration by sea. Nations around the world are moving the locus of border enforcement efforts beyond their terrestrial borders into the sea or onto territories of foreign countries, in an effort to halt the flow of refugees. In the European Union, some Member States have begun to externalize the EU borders by using the EU joint external border guard agency (FRONTEX) to intercept and repatriate thousands of migrants caught at sea. EU Member States with borders in close proximity to Africa have entered into agreements with nations with large emigrant populations in order to shift responsibility for refugee flows onto already overburdened developing nations. Nations with large emigrant populations have little choice but to enter into immigration agreements with EU Member States, since development funding or visa-allotment is often tied to acceptance of these agreements. . . .

……

Selling Souls: The Effect of Globalization on Human Trafficking and Forced Servitude

Luz Estella Nagle 
Stetson University – College of Law
Wisconsin International Law Journal, Vol. 26, No. 1, 2008

[posted April 26, 2011]

Globalization and regional integration have contributed to human trafficking becoming the fastest growing and the third most widespread criminal enterprise in the world after drugs and weapons trafficking. The rush to integrate trading blocs and to compete in the international marketplace has led unscrupulous entrepreneurs and international criminal organizations to create a supply chain of men, women, and children for exploitation in agriculture, manufacturing, services industries, construction, and worst of all, sexual servitude in the sex tourism industry. The crimes perpetrated by human traffickers constitute egregious human rights abuses and crimes against international law. This article examines the nexus between globalization and human trafficking, why human trafficking is growing at a alarming rate worldwide, and what can be done by nation states to control and stop this most insidious international crime.

……

The Customary International Law Applicable in Non-International Armed Conflicts

Emily Crawford 
University of Sydney – Faculty of Law
Australian International Law Journal, Vol. 15, pp 29-54, 2008

[posted April 25, 2011]

This article looks at the emergence and evolution of the customary international humanitarian law applicable in situations of non-international armed conflict. In the years since the adoption of the Geneva Conventions and the Additional Protocols, a large number of rules relating to conduct in armed conflict have crystallised as customary international law, applicable in all instances of armed conflict. The significance of such development is that there are far fewer treaty rules regulating conduct in non-international armed conflict than in international armed conflict. Customary international humanitarian law has ‘stepped in’ to fill in many of the lacunae in the current treaty law of non-international armed conflict. It is now possible to speak of a comprehensive body of rules that are applicable in all instances of armed conflict. Twenty-first century armed conflict continues to evolve and defy traditional definitions of armed conflict as mainly the preserve of sovereign States. Any harmonisation of the law relating to armed conflict can only be beneficial in ensuring that more of these non-traditional armed conflicts fall within the regulatory scope of the law of war.

……

Implementation of International Trade Rules Governing Software Protection and Development in Four Asian Jurisdictions (Part 1)

Junlei Peng 
University of Hong Kong – Faculty of Law
Donald Lewis 
University of Hong Kong – Faculty of Law
Computer and Telecommunications Law Review Issues, No. 7, p. 191, November 2008

[posted April 24, 2011]

Multilateral and regional trade rules are improved to meet the increasing needs for software protection and development. Nonetheless, in Southeast Asia and China, there are still discrepancies among countries at different development levels to keep their relevant domestic law and policy in line with those international trade rules. Therefore this article will undertake to closely examine the status on the implementation of relevant multilateral rules, e.g. World Trade Organization (WTO) and World Intellectual Property Organization (WIPO) agreements as well as regional rules, e.g. ASEAN and Asia-Pacific Economic Cooperation (APEC) rules in four jurisdictions: China, Hong Kong, Singapore and Thailand.

……

Implementation of International Trade Rules Governing Software Protection and Development in Four Asian Jurisdictions (Part 2)

Junlei Peng 
University of Hong Kong – Faculty of Law
Donald Lewis 
University of Hong Kong – Faculty of Law
Computer and Telecommunications Law Review Issues, No. 8, p. 223, November 2008

[posted April 24, 2011]

Multilateral and regional trade rules are improved to meet the increasing needs for software protection and development. Nonetheless, in Southeast Asia and China, there are still discrepancies among countries at different development levels to keep their relevant domestic law and policy in line with those international trade rules. Therefore this article will undertake to closely examine the status on the implementation of relevant multilateral rules, e.g. World Trade Organization (WTO) and World Intellectual Property Organization (WIPO) agreements as well as regional rules, e.g. ASEAN and Asia-Pacific Economic Cooperation (APEC) rules in four jurisdictions: China, Hong Kong, Singapore and Thailand.

……

Doha Round Schisms: Numerous, Technical, and Deep

Raj Bhala 
University of Kansas – School of Law
Loyola University Chicago International Law Review, Vol. 6, pp. 5-171, 2008

[posted April 13, 2011]

[…] This article chronicles the schisms in the Doha Round, which was launched in November 2001 in the Qatari capital, with resoluteness to fight back in the international economic arena against terrorism. Yet, many of the schisms existed well before the terrorist attacks of September 11, 2001, dating from the 1986-94 Uruguay Round, and even before. The solidarity in the post-9/11 environment proved short-lived, and was perhaps nothing more than a thin veil. Sections II, III, and IV, respectively, cover the fall 2007 Doha Round talks in agriculture, industrial trade and services, and trade remedy rules. Section V reviews the winter 2007 discussions on agriculture. Section VI summarizes the Draft Modalities Texts of February 2008. Section VII offers concluding observations.

……

Unequal Before the Law: The Case for the Elimination of the Distinction between International and Non-International Armed Conflict

Emily Crawford 
University of Sydney – Faculty of Law
Leiden Journal of International Law, Vol. 20, pp 441-465, 2007

[posted April 22, 2011]

This article examines the possibility of creating a law of armed conflict that could be uniformly applied to both international and non-international armed conflict. The article looks at the history of modern armed conflict, and charts the progression of warfare from a predominantly interstate event to that which is more likely to be characterized as non-international or internal. The increasing prevalence of non-international armed conflicts throughout the twentieth century has lead to ongoing moves on behalf of the international community to bring the regulation of such conflicts further within the ambit of international regulation. With this in mind, the article argues that such moves have blurred the historical distinction between types of armed conflict to the point where the distinction could be eliminated altogether. By looking at international treaties, tribunals, and state practice, this article asserts that the law of armed conflict could be uniformly applied, with the aim of ensuring that all participants in armed conflict are equally and humanely treated.

……

Reconceptualising Self-Defence in International Law

Kalliopi Chainoglou 
affiliation not provided to SSRN
King’s Law Journal, Vol. 18, pp. 61-94, 2007 

[posted April 17, 2011]

The rise to prominence of the WMD threat raises questions regarding the role of international law concerning WMD and the legality of the use of force against states and non-state actors which have access to WMD technology and WMD related activities. In parallel, the developments in international law and international institutions have been more than troubling. The Caroline case provides the criteria according to which states may resort to force in self-defence: states must show that ‘the necessity of self-defence is instant, overwhelming, and leaving no choice of means, and no moment for deliberation’. This article argues that if we want the existing international legal system to address the contemporary threats of terrorism, state failure and WMD proliferation, we need to re-conceive the concept of ‘armed attack’ and the Caroline criteria. This article discusses the existing legal framework established by the UN Charter with regard to the exercise of the right of self-defence and examines the definitions of the concept of armed attack and of the Caroline criteria of imminence and necessity. It argues that the concepts of armed attack and imminence should be refined and re-determined and that the right of self-defence is in the process of re-conceptualisation. Finally, it addresses the exercise of the right of self-defence especially with regard to WMD proliferation and terrorism.

……

Migration, Human Rights and the United Nations: An Investigation into the Obstacles to the UN Convention on Migrant Workers’ Rights

Antoine Pecoud 
affiliation not provided to SSRN
Windsor Yearbook of Access to Justice, Vol. 24, No. 2, 2006

[posted April 22, 2011]

This article reviews the reasons behind the low ratification record of the United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. This Convention represents the most comprehensive treaty in the field of migrants’ rights; it was adopted in 1990 and entered into force in 2003. After presenting the main issues surrounding the human rights of migrants, the history and content of the Convention and the ratification process, it outlines, on the basis of reports commissioned by UNESCO, the major obstacles to its acceptance by states. It distinguishes four types of obstacles – linked to the content of the Convention as well as to administrative, financial and political issues – and shows that political obstacles are dominant. It concludes by describing possible ways of fostering the ratification of the Convention.

……

Sailing Away from Judicial Interference: Arbitrating the America’s Cup

Thomas Schultz 
University of Geneva
International Sports Law Journal, Vol. 1, No. 2, p. 27, 2006

[posted April 17, 2011]

The America’s Cup is one of the most prestigious and oldest sports events in the world. The stakes involved are huge, be it only in financial terms. Moreover, it is organized in an almost entirely autonomous fashion, in the sense that the respective defender of the Cup (the sailing club that last won the Cup), along with its first challenger are almost completely free to organize the competition as they see fit, the only real constraint being a 150-years old two-pages document. The combination of this liberty and the stakes just mentioned lead, over the years, to a series of interesting adjustment as regards the way dispute arising in the context of the Cup are resolved. From long and bitter litigation in connection with Dennis Conner’s famous catamaran, the sailing community has learned the importance of providing for extra-judicial methods and bodies. These methods and bodies have, over the last editions of the America’s Cup, gradually evolved, thereby revealing likely strong points and pitfalls in the setting up of ad hoc dispute resolution. This article first introduces the various documents and rules that govern the Cup. It then goes back over the court proceedings that sparked the intention to equip this sporting event with private dispute resolution mechanisms. Thereafter, it presents the three different dispute resolution bodies that accompanied the five last editions of the Cup. Finally, this article reviews the jurisprudence (13 arbitral awards so far) of the current edition of the Cup.

……

Saudia Arabia, the WTO, and American Trade Law and Policy

Raj Bhala 
University of Kansas – School of Law
The International Lawyer, Vol. 38, pp.741-812, 2004

[posted April 13, 2011]

This article will consider whether American trade law toward the Kingdom of Saudi Arabia (Kingdom) is “constructive.” This author rejects the proposition that American trade law toward the Kingdom has no merits. However, the thesis offered is that this law, on balance, may not be constructive. Moreover, one wonders whether the law is a foundation for even greater resentment against the United States.

……

Austin’s Ghost and DSU Reform

Raj Bhala 
University of Kansas – School of Law
Lucienne Attard 
affiliation not provided to SSRN
International Lawyer, Vol. 37, No. 3, pp. 651-676, 2003

[posted April 23, 2011]

Members of the World Trade Organization face numerous issues relating to the reform of the dispute settlement mechanism. At bottom, all of the issues present a challenge: Are the Members serious about advancing the rule of law in international trade? That is, what kind of “legal” system do they want to govern cross-border trade? This challenge presumes a definition of what “law” is. Among many scholars through the ages, the nineteenth century English legal philosopher, John Austin, considered the definition. His three-part test defined “law” as (1) the issuance of a command by a central authority, (2) the reinforcement of that command by threat of punishment, and (3) the habitual obedience to commands of the authority, and is useful in classifying the WTO dispute settlement reform issues. Rather than merely listing a complex array, the issues can be put into one of three categories inspired by Austin’s famed Command Theory of Law. That exercise underscores the enormity of the challenge now facing the WTO.

……

How Should We then Live? Globalization and the New Partnership for Africa’s Development

Nsongurua J. Udombana 
University of Uyo
Boston University International Law Journal, Vol. 20, No. 2, 2002

[posted April 20, 2011]

The Article examines the phonomena of globalization and the challenges of the New Partnership for Africa’s Development (NEPAD). Its claim is that the inequitable workings of the international economic system contributes to Africa’s impovershiment. It also argues that failures of political and economic leadership in many African countries have impeded the effective mobilization and utilization of scarce resources into productive areas of activity that could attract and facilitate domestic and foreign investments. For Africa to experience an economic renaissance, its leaders will need to consolidate democracy and sound economic management. In the meantime, the international community should respond positively to NEPAD through, inter alia, an equitable implementation of the normative standards that govern globalization.

……

Social Conduct in Transnational Enterprise Operations: The Role of the International Labour Organization

Janelle Marie Diller 
affiliation not provided to SSRN
MULTINATIONAL ENTERPRISES AND THE SOCIAL CHALLENGES OF THE XXIST CENTURY, Roger Blanpain, ed., Kluwer Law International, 2000

[posted April 22, 2011]

In the context of the exponential growth of globalized business relationships, this paper examines action taken by the International Labour Organization to address the social conduct of enterprises, and explores its relationship to the contemporary globalized models of enterprise social initiatives. It analyzes the existing multilateral frameworks for addressing the social impact of transnational business, including public sector regulation and private sector guidelines. A comparative review including the ILO’s Tripartite Declaration of Principles on Multinational Enterprises and Social Policy highlights that, unlike other frameworks, the ILO’s Declaration addresses the dynamic relationship between MNEs and governments, and also with employers’ organizations including national level enterprises, and workers’ organizations representing local or other stakeholders. In contrast, private sector initiatives such as codes of conduct and social labels show a high degree of selectivity in the choice of labour issues covered and variation in their consistency with international labour standards. Implementation of such initiatives, including internal training, assessment and external verification, in practice, manifests more reliability in cases of independent verification or joint initiatives involving trade unions. From a public policy perspective, such self-regulatory initiatives may complement public regulatory efforts, serve a supplementary role in situations where the will or capacity to enforce labour laws or policies is lacking; some even move beyond compliance behavior to serve as catalysts to advance law or policy. Nonetheless, experience confirms that private sector initiatives are also fraught with special challenges arising from their non-state, or private, character and development outside traditional regulatory frameworks.

……

The Myth about Stare Decisis and International Trade Law (Part One of a Trilogy)

Raj Bhala 
University of Kansas – School of Law
American University International Law Review, Vol. 14, pp. 845-956, 1999

[posted April 26, 2011]

[…] There is an ineluctable – and remarkably rapid – change occurring in the international legal order. It is a movement away from the old-fashioned, continental-style approach to international dispute resolution, and towards the Americanization of adjudicatory mechanisms. The fact that the World Trade Organization’s (“WTO”) Appellate Body increasingly functions not simply like a court, as distinct from an arbitral tribunal, but like an American court, is one aspect of this more general trend in the global economy of the new millennium. […]

……

Equilibrium Theory, the FICAS Model, and International Banking Law

Raj Bhala 
University of Kansas – School of Law
Harvard International Law Journal, Vol. 38, No. 1, pp. 1-57, Winter 1997

[posted April 26, 2011]

[…] Conventional wisdom finds that international banking law is an applied field. In contrast to a traditional field like constitutional law, in which well-developed bodies of literature exist that draw upon feminist legal theory, critical race theory, law and economics, and critical legal studies, international banking law seems bereft of jurisprudential perspectives. Finance professors may ruminate about whether exchange rates move in accordance with the interest rate parity theorem, but what possible contribution could legal theorists make to understand international banking? […]

II. Books

Baker & McKenzie International Arbitration Yearbook: 2010-2011

(Juris Publishing Inc., April 2011)

Baker & McKenzie, Nancy Thevenin, Exec. Ed.

This is the fourth edition of the Baker & McKenzie International Arbitration Yearbook, an annual series established by the Firm in 2007. This collection of articles is comprised of reports in key jurisdictions around the globe on arbitration. Leading lawyers of the Firm’s International Arbitration Practice Group, a division of the Firm’s Global Dispute Resolution Practice Group, report on recent developments in national laws relating to arbitration and address current arbitral trends and tendencies in the jurisdictions in which they practice. For this 2010-2011 edition, the topic of Section C of each chapter describes the results, both in practice and according to national legislation, when arbitration meets with the insolvency or bankruptcy proceedings of one of the parties to the arbitration. This Yearbook highlights the more important recent developments in international arbitration, without aspiring to be an exhaustive case reporter or a text-book to arbitration in the broad sense. This volume will prove a useful tool for those contemplating and using arbitration to resolve international business disputes.

……

Risk and Precaution

(Cambridge Univ. Press, Feb. 2011)

Alan Randall

The precautionary principle has been labeled simplistic and the rational approach to decision-making under risk was modeled on well-specified games of chance. How then are we to manage the risks, uncertainties, and ‘unknown unknowns’ of the real world? In this book, Alan Randall unravels the key controversies surrounding the precautionary principle and develops a new framework that can be taken seriously in policy and management circles. Respecting the complexity of the real world, he defines a justifiable role for the precautionary principle in a risk management framework that integrates precaution with elements of the standard risk management model. This is explained using examples from medicine, pharmacy, synthetic chemicals, nanotechnology, the environment and natural resources conservation. This carefully reasoned but highly accessible book will appeal to readers from a broad range of disciplines, including environmental policy, risk management and cost-benefit analysis.

……

China and the European Union in Africa: Partners or Competitors?

(Ashgate, May 2011)

Edited by Jing Men and Benjamin Barton

China’s rise on the international scene over the past few years has correlated with its exponential economic growth. The European Union (EU), the world’s largest development aid provider, has been feeling the heat of Beijing’s closer ties with Africa. As a result, the EU’s overall policy-making towards Africa has suffered from a loss of credibility and this has been further exposed both by the success of China’s investments in Africa, and by the favourable response that China’s investment proposals have received from African leaders.  Dividing the book into five parts, the editors and an outstanding line up of Chinese and European contributors guide the reader through the complexities of China’s rising influence in Africa, but they also analyse if and how the EU should adapt to this. ” Part One explains how Western pressure affects the Chinese perception of their growing implication in Africa primarily from a Chinese perspective. ” Part Two explores recent military cooperation specifically looking at the fight against piracy off the coast of Somalia and the proliferation of Small Arms and Light Weapons (SALW). ” Part Three examines competitiveness that exists between the EU and China in the area of human rights, national sovereignty and the responsibility to protect (R2P principle). ” Part Four exposes the economic development in Africa and the competition between China and the EU on development aid to Africa. ” Part Five outlines the future for cooperation or competition between the EU and China in Africa.

……

Research Methodologies in EU and International Law

(Hart Publishing, April 2011)

Robert Cryer, Tamara Hervey and Bal Sokhi-Bulley, with Alexandra Bohm

Law research students often begin their PhDs without having an awareness of methodology, or the opportunity to think about the practice of research and its theoretical implications. Law Schools are, however, increasingly alive to the need to provide training in research methods to their students. They are also alive to the need to develop the research capacities of their early career scholars, not least for the Research Excellence Framework exercise. This book offers a structured approach to doing so, focusing on issues of methodology – ie, the theoretical elements of research – within the context of EU and international law.

The book can be used alone, or could form the basis of a seminar-based course, or a departmental, or even regional, discussion group. At the core of the book are the materials produced for a series of workshops, funded by the Arts & Humanities Research Council’s Collaborative Doctoral Training Fund, on Legal Research Methodologies in EU and international law. These materials consist of a document with readings on main and less mainstream methodological approaches (what we call modern and critical approaches, and the ‘law and’ approaches) to research in EU and international law, and a series of questions and exercises which encourage reflection on those readings, both in their own terms, and in terms of different research agendas. There are also supporting materials, giving guidance on practical matters, such as how to give a paper or be a discussant at an academic conference.

The basic aim of the book is to help scholars in EU and international law reflect on their research: where does it fit within the discipline, what kinds of research questions they think interesting, how do they pursue them, what theoretical perspective best supports their way of thinking their project, and so on. The book is aimed both at PhD students and early career scholars in EU and international law, and also at more established scholars who are interested in reflecting on the development of their discipline, as well as supervising research projects.

……

Beyond the Established Legal Orders:

Policy Interconnections between the EU and the Rest of the World

(Hart Publishing, April 2011)

Edited by Malcolm Evans and Panos Koutrakos

A lively debate on the constitutionalisation of the international legal order has emerged in recent years. A similar debate has also taken place within the European Union. This book complements that debate, exploring the underlying realities that the moves towards constitutionalism seek to address. It does this by focusing on the substantive interconnections that the EU has developed over the years with the rest of the world, and assesses the practical impact these have both in the development of its legal order as well as in the international community.

Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in March 2009, this collection of essays examines policy areas of economic governance (trade, financial services, migration, environment), political governance (human rights, criminal law, responses to financing terrorism), security governance (counter-terrorism, use of force, non-proliferation), and the issue of the emergence of European and global values. How are these areas shaped by the interaction between EU law and other legal orders and polities?  In what ways does the EU impact on other transnational legal systems? And how are its own rules and principles shaped by such systems? These questions are addressed in the light of the specific legal and political context within which the EU pursues its policies by interacting with the rest of the world.

……

Reappraising the Resort to Force:

International Law, Jus ad Bellum and the War on Terror

(Hart Publishing, New in Paperback April 2011)

Lindsay Moir

A number of commentators assert that the military response to the terrorist atrocities of 11 September 2001 – encompassing attacks on Afghanistan and Iraq, and commonly referred to as the ‘war on terror’ – has significantly impacted upon the international law regulating resort to armed force by states (jus ad bellum), loosening the constraints on self-defence. Some even suggest that the very future of the United Nations, in particular the Security Council and its collective security system, is at risk – at least in its current form. This book does not address the question of the future of the United Nations, an issue probably best left to scholars of international relations. Instead, it seeks to place the ‘war on terror’ within the context of international law, assessing how, or whether, it can be accommodated within the existing legal framework limiting the use of force. Through an examination of the lawfulness (or otherwise) of both Operation Enduring Freedom and Operation Iraqi Freedom, including the legal justifications advanced by those states involved and the reaction of the international community, and involving a detailed discussion of the most important developments (ie, the permissibility of self-defence against non-state, terrorist, actors and the ‘Bush doctrine’ of pre-emptive self-defence against terrorists as proclaimed in the 2002 US National Security Strategy) the book determines whether, and to what extent, the right to use force – or the acceptability of such military action – is currently undergoing a radical transformation. By assessing subsequent developments illustrating the impact that military action against Afghanistan and Iraq has had on the jus ad bellum, this book represents a distinctive and original contribution to the academic literature.

……

International Law in East Asia

(Ashgate, May 2011)

Edited by Zou Keyuan and Jianfu Che

As the world’s political and economic landscape changes in response to the rise of Asian countries such as China, so Asian influences on the global legal order will become more pronounced. Many countries in the region, such as Japan and South Korea, influence the development of international law in various ways, either individually or collectively through multinational organisations such as ASEAN.

This collection of published work by leading East Asian scholars covers Asian perspectives concerning various issues in international law, ranging from general perspectives to particular themes such as international economic law, international human rights law, international law ocean law, international criminal law, international security law and international dispute settlement. For the first time it provides a comprehensive picture of how and why East Asian countries participate in international law making, as well as comply with international law in their state practices. In so doing, the editors attempt to address the question whether the rising powers in East Asia will change the existing international legal order in future.

……

The Human Rights of Children:

From Visions to Implementation

(Ashgate, May 2011)

Edited by Antonella Invernizzi and Jane Williams

This volume provides a series of critical analyses of some of the contemporary debates in relation to the human rights of children, resituating them within visions which informed the text of the United Nations Convention on the Rights of the Child in 1989. The studies embrace examination of some of today’s widespread interpretations of the CRC, analysis of what is implied by a human rights-based approach in research and advocacy and consideration of advances and barriers to research and to several aspects of CRC implementation. With contributions by leading experts in the field, the book examines the CRC as an international instrument, its inherent dilemmas and some of the debates generated by the challenges of implementation. It embraces examinations of different levels of governance from the international to the state party, regional and local levels, including institutional developments and changes in law, policy and practice.

……

Ethics and the Use of Force:

Just War in Historical Perspective

(Ashgate, May 2011)

James Turner Johnson

Highlighting the just war tradition in historical perspective, this valuable study looks at contemporary implications drawn out in the context of several important contemporary debates: within the field of religion, including both Christian and Islamic thought; within the field of debate related to the international law of armed conflicts; within the field of policy relating to the use of armed force where the issue is just war thinking vs. realism; and debates over pressing contemporary issues in the ethics of war which cross disciplinary lines.

James Turner Johnson has been writing on just war tradition since 1975, developing the historical understanding of just war and seeking to draw out its implications for contemporary armed conflict. He is frequently asked to lecture on topics drawn from his work. This current book brings together a number of essays which reflect his recent thinking on understanding how and why just war tradition coalesced in the first place, how and why it has developed as it has, and relating contemporary just war reasoning to the historical tradition of just war.

……

University of Washington Law Library

Recent Acquisitions

III. Journals (some entries edited to avoid duplication)

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 62: Apr 27, 2011

ALAN O’NEIL SYKES, EDITOR

Foreign Official Immunity Determinations in U.S. Courts: The Case Against the State Department

Ingrid B. Wuerth, Vanderbilt Law School

 

The Aggression Amendments: Points of Consensus and Dissention

Beth Van Schaack, Santa Clara University – School of Law

 

Conceptualizing Global Substantive Justice in the Age of Obama

Adrien Katherine Wing, University of Iowa – College of Law

 

The Legal Status of Decisions by Human Rights Treaty Bodies in National Law

Andre Nollkaemper, University of Amsterdam – Amsterdam Center for International Law
Rosanne van Alebeek, University of Amsterdam, Faculty of Law, Amsterdam Center for International Law

 

Agriculture and the Clean Development Mechanism

Donald F. Larson, World Bank Development Research Group
Ariel Dinar, World Bank – Agriculture and Rural Development Department
J. Aapris Frisbie, affiliation not provided to SSRN

 

Financial Crises and Civil Society

Claire Kelly, Brooklyn Law School

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 61: Apr 26, 2011

ALAN O’NEIL SYKES, EDITOR

The Role of Private Standardization in Public International Lawmaking

Janelle Marie Diller, affiliation not provided to SSRN

 

The Role of Non-State Actors in Climate Compliance

Eric Dannenmaier, Indiana University, Indianapolis

 

Guantanamo as a ‘Legal Black Hole’: A Base for Expanding Space, Markets, and Culture

Ernesto Adolfo Hernandez Lopez, Chapman University School of Law

 

‘Sana Crítica’: The System for Evaluating Evidence Utilized by the Inter-American Court of Human Rights

Álvaro Paúl, University of Dublin – Trinity College

 

Book Review of ‘The International Law of Belligerent Occupation’ by Yoram Dinstein, Cambridge University Press, 2009

Konstantinos Mastorodimos, University of London – Queen Mary – Department of Law

 

Imbalance of World Heritage List: Did the UNESCO Strategy Work?

Lasse Steiner, University of Zurich
Bruno S. Frey, University of Zurich – Faculty of Business Administration – Institute for Empirical Research in Economics (IEW)

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 60: Apr 25, 2011

ALAN O’NEIL SYKES, EDITOR

Lex Sportiva: Transnational Law in Action

Ken Foster, University of Westminster – School of Law

 

One Size Fits All: The Supreme Court’s Interpretation of Ne Exeat Rights for Purposes of the Hague Convention

Fayenisha H. Matthews, affiliation not provided to SSRN

 

Impact of Children’s Rights on Child Related Policy and Adult – Child Relation

Ola Adelusi, The Institute of Education

 

Complimentary Protection for Victims of Human Trafficking

Vladislava Stoyanova, Lund University, Law Faculty

 

Reputational Costs Beyond Treaty Exclusion: International Law Violations as Security Threat Focal Points

Andrew Blandford, University of Missouri at Kansas City School of Law

 

An Elementary Consideration of Humanity? Linking Trade-Related Intellectual Property Rights to the Human Right to Health in International Law

Lisa Forman, University of Toronto

 

Time to Be Heard: How Advocates Can Use the Convention on the Rights of Persons with Disabilities to Drive Change

Paul David Harpur, The University of Queensland – T.C. Beirne School of Law

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 59: Apr 20, 2011

ALAN O’NEIL SYKES, EDITOR

Drone Attacks Under the Jus ad Bellum and Jus in Bello: Clearing the ‘Fog of Law’

Michael N. Schmitt, Durham University – Department of Law

 

Rape as a War Crime

Supreet Kaur, affiliation not provided to SSRN

 

Non-Refoulement Obligations in Public International Law: Towards a New Protection Status?

Francesco Messineo, University of Kent, Canterbury – Kent Law School, University of Cambridge

 

Legal Framework and Harmonization of ADR/ODR Methods

Aura Esther Vilalta, International Interdisciplinary Institute (IN3), Open University of Catalunya (UOC)

 

The Tainted Interpretation: The Misapplication of the Hague Convention in the Supreme Court Case, Abbott V. Abbott

Ashley Smith, affiliation not provided to SSRN

 

Judicious Influence: Non-Self-Executing Treaties and the Charming Betsy Canon

Rebecca Crootof, affiliation not provided to SSRN

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 58: Apr 19, 2011

ALAN O’NEIL SYKES, EDITOR

Cultural Diversity and International Law

Christa Rautenbach, North-West Unversity, North-West University (Potchefstroom Campus)

 

Commentary on the Trial Judgment in the Case of Prosecutor v. Ljube Boškoski and Johan Tarćulovski

Alexander Zahar, Macquarie Law School

 

Cyber Operations and the Jus in Bello: Key Issues

Michael N. Schmitt, Durham University – Department of Law

 

Federal Constitutions and Global Governance: The Case of Climate Change

Blake Hudson, Stetson University – College of Law

 

The Need for a Qualitative Approach to Palestinian Mobility between the West Bank and Jordan

Véronique Bontemps, affiliation not provided to SSRN

 

Forcible Transfer or Forced Migration of Palestinians in the Occupied Palestinian Territory from an International Law Standpoint

Shawan Jabarin, affiliation not provided to SSRN

 

Refugee Law in Islam

Dr. Muhammad Munir, International Islamic University Islamabad (IIUI)

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 57: Apr 18, 2011

ALAN O’NEIL SYKES, EDITOR

International Law and Domestic Gender Justice: Why Case Studies Matter

Catherine O’Rourke, Transitional Justice Institute (University of Ulster)

 

Securing Investment: Innovative Business Strategies for Conflict Management in Latin America

Mariana D. Hernandez-Crespo, University of St. Thomas – School of Law (Minnesota)

 

Issues of Shared Responsibility Before the International Court of Justice

Andre Nollkaemper, University of Amsterdam – Amsterdam Center for International Law

 

Conundrum

Derek E. Bambauer, Brooklyn Law School

 

Universal Jurisdiction and Third States in the Reform of the Brussels I Regulation

Johannes Weber, Max Planck Institute for Comparative and International Private Law

 

Promise against Peril: Of Power, Purpose, and Principle in International Law

Robert C. Hockett, Cornell University – School of Law

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 56: Apr 14, 2011

ALAN O’NEIL SYKES, EDITOR

Towards a Convention for the International Sale of Real Property: Challenges, Commonalities, and Possibilities

Christopher K. Odinet, Phelps Dunbar, LLP

 

Wings Over Libya: The No-Fly Zone in Legal Perspective

Michael N. Schmitt, Durham University – Department of Law

 

Courting New Solutions Using Problem-Solving Justice: Key Components, Guiding Principles, Strategies, Responses, Models, Approaches, Blueprints and Tool Kits

Peggy Fulton Hora, affiliation not provided to SSRN

 

War Disaster Management Operation in Southern Philippines: The Experience of Pikit, Aleosan, Midsayap, and Pigcawayan, North Cotabato

Radzak Abag Sam, Universiti Sains Malaysia

 

UNRWA and Its Needs

Jalal Al Husseini, affiliation not provided to SSRN

 

Before the Abyss: Reshaping International Humanitarian Law to Suit the Ends of Power

Eitan Diamond, International Committee of the Red Cross (ICRC)

……

PUBLIC INTERNATIONAL LAW eJOURNAL

Vol. 6, No. 55: Apr 12, 2011

ALAN O’NEIL SYKES, EDITOR

Transforming Students, Transforming Selves: Teaching Social Justice Struggles in Context

Raquel E. Aldana, University of the Pacific – McGeorge School of Law

 

Diplomatic Protection of Northern Irish Residents by the Republic of Ireland in Reliance Upon the Irish Nationality and Citizenship Act, 1956

Aonghus Heatley, affiliation not provided to SSRN

 

Beyond Iraq: The Future of World Order

Amitav Acharya, School of International Service, American University
Hiro Katsumata, Waseda University Institute of Asia-Pacific Studies

 

Toward a Unified Theory of Human Rights Obligations: Collapsing Rights Typologies into a More Usable, Enforcement-Oriented Taxonomic Schema

Tara J. Melish, State University of New York at Buffalo – Law School Faculty

 

The Unlawful Detention of Unauthorised Aliens Under the European System for the Protection of Human Rights

Ian Bryan, Lancaster University
Peter Langford, Edge Hill University

 

All Policies are Glocal: International Policymaking with Strategic Subnational Policymakers

Michael Bechtel, ETH Zurich
Johannes Urpelainen, Columbia University

 

Taming Governance with Legality? Critical Reflections upon Global Administrative Law as Small-c Global Constitutionalism

Ming-Sung Kuo, University of Warwick School of Law

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 48: Apr 26, 2011

CHRISTIANA OCHOA, EDITOR

Navigating New Landscapes: The Contribution of Socio-Legal Scholarship in Mapping the Plurality of International Economic Law and Locating Power in International Economic Relations

Celine Tan, University of Birmingham – Birmingham Law School

 

Trade Policies in Southeast Asia in the Wider Asian Perspective

Razeen Sally, London School of Economics & Political Science (LSE)
Rahul Sen, ISEAS

 

The European Food Import Safety Regime Under a ‘Stress Test’: The Melamine Contamination of the Global Food Supply Chain

Alberto Alemanno, HEC Paris – Law Department

 

The Global Arena of Food Law: Emerging Contours of a Meta-Framework

Bernd M.J. van der Meulen, Wageningen UR

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 47: Apr 25, 2011

CHRISTIANA OCHOA, EDITOR

The Sources of International Human Rights Law and Their Application in the United States of America

Michele Maria Porcelluzzi, Bocconi University – Institute of Comparative Law (IDC), Duke University – School of Law

 

Das Kosovo-Gutachten und Globaler Konstitutionalismus (The Kosovo Opinion and Global Constitutionalism)

Anne Peters, University of Basel – Faculty of Law

 

Road to Nowhere? The Future for a Declaration on Fundamental Standards of Humanity

Emily Crawford, University of Sydney – Faculty of Law

 

Is the Legalization of Human Rights Really the Problem? Genocide in the Guatemalan Historical Clarification Commission

Richard Ashby Wilson, affiliation not provided to SSRN

 

Justice in Burma

Scott Nowak, Michigan State Journal of International Law

 

Psychic Numbing and Mass Atrocity

Paul Slovic, Decision Research, University of Oregon – Department of Psychology
David Zionts, Harvard Law School
Andrew K. Woods, Harvard Law School
Ryan Goodman, New York University (NYU) – School of Law
Derek Jinks, University of Texas School of Law

 

Компетенция третейских cудов по рассмотрению споров об инвестициях в создание недвижимости в России  (Arbitrability of Disputes About Investment in the Construction of Real Estate in Russia)

Sergey Victorovich Strembelev, Egorov, Puginsky, Afanasiev & Partners

 

Book Review: Gentian Zyberi, The Humanitarian Face of the International Court of Justice: Its Contribution to Interpreting and Developing International Human Rights and Humanitarian Law Rules and Principles

Jernej Letnar Cernic, European Faculty of Law (EVRO-PF), Faculty of State and European Studies

 

The State, a Perpetual Respondent in Investment Arbitration? Some Unorthodox Considerations

Mehmet Toral, affiliation not provided to SSRN
Thomas Schultz, University of Geneva

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 46: Apr 20, 2011

CHRISTIANA OCHOA, EDITOR

South Africa’s Experience in Constitution-Building

Heinz Klug, University of Wisconsin Law School

 

Europe’s New ‘Colonial’ Frontier

Laura Stafford, Columbia University – Law School

 

International Joint Ventures Transformed: Foreign Buyouts, Firm Performance and Managerial Turnover

Neviana Petkova, University of Oregon
Jing-Lin Duanmu, University of Surrey – Faculty of Management & Law

 

Fraternity, Responsibility and Sustainability: The International Legal Protection of Climate (or Environmental) Migrants at the Crossroads

Benoit Mayer, Centre for International Sustainable Development Law (CSIDL), McGill university, faculty of law

 

Adjudicating International Human Rights Claims in Canada

Antonin I. Pribetic, Steinberg Morton Hope & Israel LLP, University of Toronto at Mississauga-Rotman School of Management-Diploma in Forensic & Investigative Accounting (DIFA)

 

Satisfaction Level of Religious Minorities about Government Policies of Pakistan

Muhammad Akram Mehar, University of Aberdeen – College of Arts and Social Sciences

 

When the State is Evil: Biblical Civil (Dis)Obedience in South Africa

Joel A. Nichols, Univ. of St. Thomas School of Law (MN)
James William McCarty III, Emory University

 

Proliferation of Regional Trade Agreements: Complementing or Supplanting Multilateralism?

Rafael Leal-Arcas, Queen Mary University of London – School of Law

 

A New Twist on an Old Story: Lawfare and the Mixing of Proportionalities

Laurie R. Blank, Emory University School of Law

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 45: Apr 19, 2011

CHRISTIANA OCHOA, EDITOR

The Productivity Advantage and Global Scope of U.S. Multinational Firms

Raymond J. Mataloni, U.S. Department of Commerce

 

Hands Off My Pudendum: A Critique of the Human Rights Approach to Female Genital Rituals

Obiajulu Nnamuchi, Centre for Health, Bioethics & Human Rights

 

A Legal Insight into the European Convention Against the Backdrop of Human Rights

Shishir Akhouri, affiliation not provided to SSRN

 

‘Sana Crítica’: The System for Evaluating Evidence Utilized by the Inter-American Court of Human Rights

Álvaro Paúl, University of Dublin – Trinity College

 

The Positive Impact of The Convention on the Rights of Persons with Disabilities: A Case Study on the South Pacific and Lessons from the U.S. Experience

Paul David Harpur, The University of Queensland – T.C. Beirne School of Law

 

The Role of Non-State Actors in Climate Compliance

Eric Dannenmaier, Indiana University, Indianapolis

 

The Concept of Law in Transnational Arbitral Legal Orders and Some of its Consequences

Thomas Schultz, Graduate Institute of International and Development Studies, University of Geneva

 

Should American Law Schools Continue to Graduate Lawyers Whom Clients Consider Worthless?

Clark D. Cunningham, Georgia State University – College of Law

 

Hedge Fund Regulation Via Basel III

Wulf A. Kaal, Mississippi College – School of Law

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 44: Apr 18, 2011

CHRISTIANA OCHOA, EDITOR

Plurality of Sources in European Private Law, or: How to Live with Legal Diversity?

Jan M. Smits, Maastricht University Faculty of Law – Maastricht European Private Law Institute (M-EPLI), University of Helsinki – Center of Excellence in Foundations of European Law and Polity

 

The Global Trade Mark

Edward Lee, Illinois Institute of Technology – Chicago-Kent College of Law

 

International Law and Domestic Gender Justice: Why Case Studies Matter

Catherine O’Rourke, Transitional Justice Institute (University of Ulster)

 

Brussels I and Arbitration Revisited – The European Commission’s Proposal COM(2010) 748 final –

Martin Illmer, Max Planck Institute for Comparative and International Private Law

 

The Limits of Transnational Judicial Dialogue

David S. Law, Washington University School of Law in St. Louis, Washington University, Saint Louis – Department of Political Science
Wen-Chen Chang, National Taiwan University College of Law

 

Complimentary Protection for Victims of Human Trafficking

Vladislava Stoyanova, Lund University, Law Faculty

 

An Elementary Consideration of Humanity? Linking Trade-Related Intellectual Property Rights to the Human Right to Health in International Law

Lisa Forman, University of Toronto

 

Time to Be Heard: How Advocates Can Use the Convention on the Rights of Persons with Disabilities to Drive Change

Paul David Harpur, The University of Queensland – T.C. Beirne School of Law

……

LAW & SOCIETY: INTERNATIONAL & COMPARATIVE LAW eJOURNAL

Vol. 6, No. 43: Apr 15, 2011

CHRISTIANA OCHOA, EDITOR

Toward a Unified Theory of Human Rights Obligations: Collapsing Rights Typologies into a More Usable, Enforcement-Oriented Taxonomic Schema

Tara J. Melish, State University of New York at Buffalo – Law School Faculty

 

Forcible Transfer or Forced Migration of Palestinians in the Occupied Palestinian Territory from an International Law Standpoint

Shawan Jabarin, affiliation not provided to SSRN

 

Patent Strategies for Companies Doing Business in Nigeria

Ufuoma Barbara Akpotaire, Columbia University – School of Law
Patrick O. Omeke, Columbia University – School of Law

 

Rape as a War Crime

Supreet Kaur, affiliation not provided to SSRN

 

One Size Fits All: The Supreme Court’s Interpretation of Ne Exeat Rights for Purposes of the Hague Convention

Fayenisha H. Matthews, affiliation not provided to SSRN

 

The Unlawful Detention of Unauthorised Aliens Under the European System for the Protection of Human Rights

Ian Bryan, Lancaster University
Peter Langford, Edge Hill University

 

Redesigning Global Trade Institutions

John Linarelli, University of La Verne College of Law

 

The Tainted Interpretation: The Misapplication of the Hague Convention in the Supreme Court Case, Abbott V. Abbott

Ashley Smith, affiliation not provided to SSRN

 

To Testify or Not to Testify: A Comparative Analysis of Australian and American Approaches to a Parent-Child Testimonial Exemption

Hillary B. Farber, Northeastern University

……

INTERNATIONAL ENVIRONMENTAL LAW eJOURNAL

Vol. 3, No. 19: Apr. 27, 2011

DAVID D. CARON & TSEMING YANG, EDS.

International Environmental Agreements in the Presence of Adaptation

Walid Marrouch, CIRANO, Lebanese American University
Amrita Ray Chaudhuri, Tilburg University – Center and Faculty of Economics and Business Administration, Tilburg Law and Economics Center (TILEC)

 

Regulating Information Flows, Regulating Conflict: An Analysis of United States Conflict Minerals Legislation

Christiana Ochoa, Indiana University Maurer School of Law
Patrick James Keenan, University of Illinois College of Law

 

The Transnational Regime Complex for Climate Change

Kenneth Wayne Abbott, Arizona State University

 

Programmes of Measures under the Water Framework Directive – A Comparative Case Study

Lasse Baaner, University of Copenhagen

 

Climate Contracts

Eric Wills Orts, University of Pennsylvania – Legal Studies Department

 

Seminar on the Outcome of the Advisory Opinion Issued by the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea on 1 February 2011 on the Responsibilities and Obligations of States Sponsoring Activities in the International Seabed Area

Cymie R. Payne, Lewis & Clark Law School

……

INTERNATIONAL ENVIRONMENTAL LAW eJOURNAL

Vol. 3, No. 18: Apr. 20, 2011

DAVID D. CARON & TSEMING YANG, EDS.

Issues of Shared Responsibility Before the International Court of Justice

Andre Nollkaemper, University of Amsterdam – Amsterdam Center for International Law

 

Environmental Enforcement Networks: A Qualitative Analysis

Grant Pink, Charles Sturt University

 

Emissions Intensity and Global Patterns of Trade and Development

Stratford Marion Douglas, West Virginia University
Shuichiro Nishioka, West Virginia University

 

Is There Light at the End of the Gas Pipe? On the (Provisional?) Applicability of the Energy Charter Treaty to the 2009 Russia-Ukraine Gas Transit Dispute and the Relevance of the Yukos Interim Awards

Anna Marhold, affiliation not provided to SSRN

 

The Role of Non-State Actors in Climate Compliance

Eric Dannenmaier, Indiana University, Indianapolis

 

Water Security: Identifying Governance Issues and Engaging Stakeholders

Eric Dannenmaier, Indiana University, Indianapolis

……

INTERNATIONAL ENVIRONMENTAL LAW eJOURNAL

Vol. 3, No. 17: Apr. 13, 2011

DAVID D. CARON & TSEMING YANG, EDS.

Smart Grid in America and Europe: Similar Desires, Different Approaches (Part 1)

Zhen Zhang, affiliation not provided to SSRN

 

All Policies are Glocal: International Policymaking with Strategic Subnational Policymakers

Michael Bechtel, ETH Zurich
Johannes Urpelainen, Columbia University

 

Federal Constitutions and Global Governance: The Case of Climate Change

Blake Hudson, Stetson University – College of Law

 

India’s Role in an International Legal Solution to the Global Climate Change Problem

Sonali P. Chitre, affiliation not provided to SSRN

 

Smart Grid in America and Europe: Past Accomplishments and Future Plans (Part 2)

Zhen Zhang, affiliation not provided to SSRN

……

INTERNATIONAL ECONOMIC LAW eJOURNAL

Vol. 6, No. 37, Apr 26, 2011

ALAN O’NEIL SYKES, EDITOR

 

The Concept of Law in Transnational Arbitral Legal Orders and Some of its Consequences

Thomas Schultz, University of Geneva

 

Institutional Reforms Debate and FDI Flows to MENA Region: Does One ‘Best’ Fit All?

Wasseem Mina, UAE University, Economic Research Forum (ERF)

 

The Untapped Potential of Investor-State Dispute Settlement Involving Intellectual Property Rights and Expropriation in Free Trade Agreements

Bryan Christopher Mercurio, Chinese University of Hong Kong – Faculty of Law, University of New South Wales – Faculty of Law

 

Drafting a Model Collective Action Clause for Eurozone Sovereign Bonds

Lee C. Buchheit, Cleary Gottlieb Steen & Hamilton LLP – New York Office
Gaurang Mitu Gulati, Duke University – School of Law

……

INTERNATIONAL ECONOMIC LAW eJOURNAL

Vol. 6, No. 36, Apr 25, 2011

ALAN O’NEIL SYKES, EDITOR

The Global Trade Mark

Edward Lee, Illinois Institute of Technology – Chicago-Kent College of Law

 

Doha Round Betrayals

Raj Bhala, University of Kansas – School of Law

 

The Three Pursuits of Dispute Settlement

Thomas Schultz, University of Geneva

 

SPS National Measures Under the WTO or the Uneasy Relationship Between Science and Trade Law

Katia Fach Gomez, University of Zaragoza

 

Hedge Fund Regulation Via Basel III

Wulf A. Kaal, Mississippi College – School of Law

……

INTERNATIONAL ECONOMIC LAW eJOURNAL

Vol. 6, No. 35, Apr 19, 2011

ALAN O’NEIL SYKES, EDITOR

Redesigning Global Trade Institutions

John Linarelli, University of La Verne College of Law

 

The Competence of Investment Arbitration Tribunals to Seek Preliminary Rulings from European Courts

Miloš Olík, affiliation not provided to SSRN
David Fyrbach, affiliation not provided to SSRN

 

Non-Tariff Barriers in the EAC Customs Union: Implications for Trade in Uganda with Other EAC Countries

Peace Nagawa, affiliation not provided to SSRN

 

An Elementary Consideration of Humanity? Linking Trade-Related Intellectual Property Rights to the Human Right to Health in International Law

Lisa Forman, University of Toronto

 

Interpretation of the WTO Agreements, Democratic Legitimacy and Developing Nations

R. Rajesh Babu, Indian Institute of Management (IIM), Calcutta

……

INTERNATIONAL ECONOMIC LAW eJOURNAL

Vol. 6, No. 34, Apr 18, 2011

ALAN O’NEIL SYKES, EDITOR

‘Rights and Obligations’ in WTO Law

Chios C. Carmody, University of Western Ontario – Faculty of Law

 

Efficient Contracting Between Foreign Investors and Host States: Evidence from Stabilization Clauses

Sam Halabi, University of Tulsa – College of Law

 

Imaginary Risk, Public Health Regulation, and WTO Trade Dispute: A Rational Choice Perspective

Jinyul Ju, Pusan National University

 

Avoidance and Consensus Building in the Association of Southeast Asian States (ASEAN): The Path Towards a New ‘ASEAN Way’

Otto Federico von Feigenblatt, Nova Southeastern University, Journal of Alternative Perspectives in the Social Sciences, Millenia Atlantic University

……

INTERNATIONAL ECONOMIC LAW eJOURNAL

Vol. 6, No. 33, Apr 13, 2011

ALAN O’NEIL SYKES, EDITOR

Does WTO Matter for the Extensive and the Intensive Margins of Trade?

Pushan Dutt, INSEAD – Economics and Political Sciences
Ilian Mihov, INSEAD – Economics and Political Sciences, Centre for Economic Policy Research (CEPR)
Timothy Van Zandt, INSEAD – Economics and Political Sciences, Centre for Economic Policy Research (CEPR)

 

Development Disputes in International Trade

Tomer Broude, Hebrew University of Jerusalem – International Law Forum

 

Proliferation of Regional Trade Agreements: Complementing or Supplanting Multilateralism?

Rafael Leal-Arcas, Queen Mary University of London – School of Law

 

Institutional Diversity in Trade Agreements and Foreign Direct Investment: Credibility, Commitment, and Economic Flows in the Developing World, 1970-2007

Tim Buthe, Duke University
Helen V. Milner, Princeton University

 

The Duty to Settle in WTO Dispute Settlement

Chios C. Carmody, University of Western Ontario – Faculty of Law

 

Globalization and Economic Partnerships Effects on International Trade with Reference to Sudan

Issam A.W. Mohamed, Al-Neelain University – Department of Economics

……

HUMAN RIGHTS & THE GLOBAL ECONOMY eJOURNAL

Vol. 5, No. 31, Apr. 20, 2011

Hope Lewis, Wendy E. Parmet & Rashmi Dyal-Chand, eds.

The Positive Impact of The Convention on the Rights of Persons with Disabilities: A Case Study on the South Pacific and Lessons from the U.S. Experience

Paul David Harpur, The University of Queensland – T.C. Beirne School of Law

 

The Role of Private Standardization in Public International Lawmaking

Janelle Marie Diller, affiliation not provided to SSRN

 

Hands Off My Pudendum: A Critique of the Human Rights Approach to Female Genital Rituals

Obiajulu Nnamuchi, Centre for Health, Bioethics & Human Rights

 

The Untapped Potential of Investor-State Dispute Settlement Involving Intellectual Property Rights and Expropriation in Free Trade Agreements

Bryan Christopher Mercurio, Chinese University of Hong Kong – Faculty of Law, University of New South Wales – Faculty of Law

 

Aid Efficiency in an Armed Conflict: The Role of Civil Society in Escalation of Violence in the North Caucasus

Huseyn Aliyev, affiliation not provided to SSRN

 

Transforming Students, Transforming Self: The Power of Teaching Social Justice Struggles in Context

Raquel E. Aldana, University of the Pacific – McGeorge School of Law

……

HUMAN RIGHTS & THE GLOBAL ECONOMY eJOURNAL

Vol. 5, No. 30, Apr. 19, 2011

Hope Lewis, Wendy E. Parmet & Rashmi Dyal-Chand, eds.

Human Rights and the European Court of Justice: Past and Present Tendencies

Andrew Trevor Williams, University of Warwick – School of Law

 

Indigenous Peoples’ Human Rights in Africa: The Pragmatic Revolution of the African Commission on Human and Peoples’ Rights

Jeremie Gilbert, Middlesex University

 

Complimentary Protection for Victims of Human Trafficking

Vladislava Stoyanova, Lund University, Law Faculty

 

Time to Be Heard: How Advocates Can Use the Convention on the Rights of Persons with Disabilities to Drive Change

Paul David Harpur, The University of Queensland – T.C. Beirne School of Law

 

Globalization Versus Normative Policy: A Case Study on the Failure of the Barbie Doll in the Indian Market

Priti Nemani, Northern Illinois University College of Law

……

HUMAN RIGHTS & THE GLOBAL ECONOMY eJOURNAL

Vol. 5, No. , Apr. , 2011

Hope Lewis, Wendy E. Parmet & Rashmi Dyal-Chand, eds.

Genocide in the Middle East: The Ottoman Empire, Iraq, and Sudan

Hannibal Travis, Florida International University College of Law

 

Is the Legalization of Human Rights Really the Problem? Genocide in the Guatemalan Historical Clarification Commission

Richard Ashby Wilson, affiliation not provided to SSRN

 

Psychic Numbing and Mass Atrocity

Paul Slovic, Decision Research, University of Oregon – Department of Psychology
David Zionts, Harvard Law School
Andrew K. Woods, Harvard Law School
Ryan Goodman, New York University (NYU) – School of Law
Derek Jinks, University of Texas School of Law

 

Road to Nowhere? The Future for a Declaration on Fundamental Standards of Humanity

Emily Crawford, University of Sydney – Faculty of Law

 

Sunlight for the Heart of Darkness: Conflict Minerals and the First Wave of SEC Regulation of Social Issues

Jonathan C. Drimmer, Georgetown University Law Center
Noah Joshua Phillips, Steptoe & Johnson LLP

……

INTERNATIONAL, TRANSNATIONAL & COMPARATIVE CRIMINAL LAW eJOURNAL

Vol. 5, No. 19: Apr 27, 2011

DIANE MARIE AMANN, EDITOR

The Speedy Trial Rights of Military Detainees

Walter E. Kuhn, United States Senate Judiciary Committee, Subcommittee on the Constitution, Civil Rights and Human Rights

 

The Canadian Criminal Jury

Neil Vidmar, Duke University – School of Law
Regina Schuller, affiliation not provided to SSRN

 

Genocide in the Middle East: The Ottoman Empire, Iraq, and Sudan

Hannibal Travis, Florida International University College of Law

 

Justice in Burma

Scott Nowak, Michigan State Journal of International Law

 

The International Criminal Court and the Doctrine of Complementarity

Raluca David, affiliation not provided to SSRN

 

Humanity’s Histories: Evaluating the Historical Accounts of International Tribunals and Truth Commissions

Richard Ashby Wilson, affiliation not provided to SSRN

……

INTERNATIONAL, TRANSNATIONAL & COMPARATIVE CRIMINAL LAW eJOURNAL

Vol. 5, No. 18: Apr 21, 2011

DIANE MARIE AMANN, EDITOR

Drug Policy in Context: Rhetoric and Practice in the United States and the United Kingdom

Richard C. Boldt, University of Maryland – School of Law

 

International Law and Domestic Gender Justice: Why Case Studies Matter

Catherine O’Rourke, Transitional Justice Institute (University of Ulster)

 

The Protection of Prisoners of War in Islam

Dr. Muhammad Munir, International Islamic University Islamabad (IIUI)

 

Rape as a War Crime

Supreet Kaur, affiliation not provided to SSRN

 

To Testify or Not to Testify: A Comparative Analysis of Australian and American Approaches to a Parent-Child Testimonial Exemption

Hillary B. Farber, Northeastern University

 

Complimentary Protection for Victims of Human Trafficking

Vladislava Stoyanova, Lund University, Law Faculty

……

EUROPEAN PUBLIC LAW: EU eJOURNAL

Vol. 8, No. 38: Apr 27, 2011

PAUL B. STEPHAN & JOHN S. BELL, EDITORS

The Role of Competition Policy and Competition Enforcers in the EU Response to the Financial Crisis: Applying the State Aid Rules of the TFEU to Bank Bailouts in Order to Limit Distortions of Competition in the Financial Sector

Jonathan M. DeVito, affiliation not provided to SSRN

 

New Licensing Models for Online Music Services in the European Union: From Collective to Customized Management

Giuseppe Mazziotti, Columbia University – Law School

 

Europe’s New ‘Colonial’ Frontier

Laura Stafford, Columbia University – Law School

 

The Emerging EU Framework for Bank Recovery and Resolution

Roman A. Tomasic, Durham University – Durham Law School

 

Regulation and Competition NGA Regulation A Rocky Road to the Data Superhighway

Christoph Pennings, IDATE
Tiana Ramahandry, IDATE

 

Europe’s New Financial Regulatory Bodies

Eddy O. Wymeersch, Ghent University – Financial Law Institute, ECGI

……

EUROPEAN PUBLIC LAW: EU eJOURNAL

Vol. 8, No. 37: Apr 19, 2011

PAUL B. STEPHAN & JOHN S. BELL, EDITORS

 

Evaluation of the Regulations of Credit Rating Agencies in the United States and the European Community

Maria Costanza Barducci, University of Pennsylvania
Dr. Timo Fest, Ludwig Maximilians University of Munich

 

The Shaping of Infringement Procedures in European Union Law: The Case of Safeguards for the Member States

Marton Varju, University of Hull – School of Law

 

Multi-Level Governance in Competition Policy: The European Competition Network

Firat Cengiz, Tilburg Law School, University of Tilburg, Tilburg Law and Economics Center (TILEC)

 

Member State Interest Articulation in the Commission Phase: Institutional Pre-Conditions for Influencing ‘Brussels’

Markus Haverland, Erasmus University Rotterdam – Faculty of Social Science
Duncan Liefferink, Nijmegen University

 

A Legal Insight into the European Convention Against the Backdrop of Human Rights

Shishir Akhouri, affiliation not provided to SSRN

……

EUROPEAN PUBLIC LAW: EU eJOURNAL

Vol. 8, No. 33: Apr 08, 2011

PAUL B. STEPHAN & JOHN S. BELL, EDITORS

Human Rights and the European Court of Justice: Past and Present Tendencies

Andrew Trevor Williams, University of Warwick – School of Law

 

The EU’s Development Assistance to Africa: The China Factor

Tasneem Sultana, University of Karachi – Area Study Centre for Europe

 

Regional Growth in Europe: The Role of European and National Policies

Fernanda Llussa, Universidad Nova de Lisboa
José Mário Lopes, New University of Lisbon – Faculdade de Economia

 

Evaluating Leniency and Modeling Cartel Durations: Time-Varying Policy Impacts and Sample Selection

Jun Zhou, Bonn University, Wirtschaftspolitische Abteilung

 

Creating an EU-Level Supervisor for Cross-Border Banking Groups: Issues Raised by the U.S. Experience with Dual Banking

Larry D. Wall, Federal Reserve Bank of Atlanta – Research Department
Maria J. Nieto, Bank of Spain
David G. Mayes, University of Auckland

 

Crisis Cartels: For Better or for Worse?

Lia Vitzilaiou, Lambadarios Law Firm

……

South African Yearbook of International Law, Volume 34, 2009

AFRICA AND THE INTERNATIONAL CRIMINAL COURT

  • Making Amend(ment)s: South Africa and the International Criminal Court from 2009 to 2010 (Max du Plessis and Christopher Gevers) p.1
  • Some lessons on complementarity for the International Criminal Court Review Conference (Nidal Nabil Jurdi) p.28
  • The African Union and the International Criminal Court: The battle for the soul of international law (Dire Tladi) p.57

ARTICLES

  • Journalists: Shielded from the dangers of war in their pursuit of the truth? (Shannon Bosch) p.70
  • The responsibility of international organisations for conduct arising out of armed conflict situations (Hennie Strydom) p.101
  • Fragmentation: Friend or foe in the effective implementation of the Cultural Diversity Convention in South Africa? (Christa Rautenback and Anel du Plessis) p.132

HIGHLIGHTS FROM THE OFFICE OF THE CHIEF STATE LAW ADVISER (INTERNATIONAL LAW) (JGS de Wet) p.159

NOTES AND COMMENTS

  • Seeking an advisory opinion on Israel’s apartheid and colonial practices in the Occupied Palestinian Territories (Max du Plessis) p.169
  • Agreement between the Governments of South Africa and Zimbabwe for the Reciprocal Protection of Investments: A BIT too late–if at all? (EC Schlemmer) p.183
  • The Iranian uranium enrichment programme: Establishing whether the United States of America has the right to use pre-emptive self-defence against Iran (David Abrahams and Ashley C Moorhouse) p.200
  • Status of treaties entered into with indigenous peoples predating modern state practice (George N Barrie) p.223

FOREIGN JUDICIAL DECISIONS

  • An overview of cases before British courts during 2008-2009 (Michele Olivier) p.233
  • The Special Court of Sierre Leone’s last judgment (Nazreen Shaik-Peremanov) p.243

SOUTH AFRICAN JUDICIAL DECISIONS

  • Rewriting the Constitution: The ‘strange alchemy’ of Justice Sachs, indeed? (Neville Botha) p.253
  • Trends and Developments in South African Foreign Policy: 2009 (Yolanda Spies) p.268
  • Southern African Events of International Significance–2008 (Margaret Beukes) p.289

TREATIES AND LITERATURE

  • Treaties (Rika van der Wat) p.304
  • Literature (P Vrancken and M Leitch) p.309

BOOK REVIEW

  • F Francioni and M Scheinin (eds) – Cultural human rights (Margaret Beukes) p.314

……

University of Pennsylvania Journal of International Law, Volume 32, Number 3, Spring 2011

ARTICLES

  • An Environmental Justice Critique of Comparative Advantage: Indigenous Peoples, Trade Policy, and the Mexican Neoliberal Economic Reforms (Carmen G. Gonzalez) p.723
  • Hate Speech and the Language of Racism in Latin America: A Lens for Reconsidering Global Hate Speech Restrictions and Legislation Models (Tanya Katerí Hernández) p.805
  • Environmental Benefits and the Notion of Positive Environmental Justice (Colin Crawford) p.911

COMMENTS

  • Leveraging International Law to Help Arsenic Mitigation Efforts in Bangladesh (Turhan F. Sarwar) p.843
  • Diplomacy as a Means to Successfully Disarm North Korea (Jade Palomino) p.937

……

Pepperdine Law Review, Volume 38, Number 3, March 2011

ARTICLES

  • THE TORTS RESTATEMENT’S INCHOATE DEFINITION OF INTENT FOR BATTERY, AND REFLECTIONS ON THE PROVINCE OF RESTATEMENTS (JOSEPH H. KING) p.623
  • LAWYERS JUDGING EXPERTS: OVERSIMPLIFYING SCIENCE AND UNDERVALUING ADVOCACY TO CONSTRUCT AN ETHICAL DUTY? (DAVID S. CAUDILL) p.675

NOTES

  • THE AUDITOR FOR THE AUDITORS’ AUDITOR: ACCOUNTING FOR THE UNITARY EXECUTIVE IN FREE ENTERPRISE FUND V. PUBLIC COMPANY ACCOUNTING OVERSIGHT BOARD (KELSEY ELIZABETH STAPLER) p.709
  • BEYOND THE EXECUTIVE AGREEMENT: THE FOREIGN POLICY PREFERENCE UNDER MOVSESIAN AND THE RETURN OF THE DORMANT FOREIGN AFFAIRS POWER IN NORTON SIMON (AMIR M. TIKRITI) p.755

……

Indiana International & Comparative Law Review, Volume 20, Number 2, 2010

ARTICLES

  • Against the Dilution of a Child’s Voice in Court (Melissa L. Breger) p.175
  • Trips Article 31bis and H1N1 Swine Flu: Any Emergency or Urgency Exception to Patent Protection? (Dawn Dziuba) p.195
  • A Comparative Analysis Between Italian Civil Proceedings and American Civil Proceedings Before Federal Courts (Simona Grossi) p.213

NOTES

  • Conveyancing at a Crossroads: The Transition to E-Conveyancing Applications in the U.S. and Abroad (Michael E. Doversberger) p.281
  • Oh La, La! How Will the Polarized Decisions of the United States and France Regarding the Responsibility for Policing Trademarks on Online Auction Sites Be Synthesized? (Olivia M. Fleming) p.313
  • Leveling the Trade Playing Field: The Ailing U.S. Manufacturing Sector and the Need For Trade Parity (Zachary T. Lee) p.355
  • Food-Borne Illnesses Strike U.S. Food Supply: A Discussion of Inadequate Safety Procedures and Regulations in the U.S. and Abroad (Elizabeth A. Trachtman) p.385

……

Netherlands International Law Review
Volume 58 – Issue 01 – 2011

View Table of Contents as PDF

Articles

TRANSNATIONAL INVESTMENT LAW AND ENVIRONMENTAL PROTECTION: RUSSIAN STATE INTERVENTION IN THE SAKHALIN II PROJECT – THE EMPIRE STRIKES BACK?

David M. Ong

Netherlands International Law Review / Volume 58 / Issue 01, pp 1 – 42

DOI:10.1017/S0165070X11100017 (About DOI)

Abstract

THE GENERAL AGREEMENT ON TRADE IN SERVICES (GATS), WATER, AND HUMAN RIGHTS FROM THE PERSPECTIVE OF DEVELOPING COUNTRIES

Shawkat Alam, Pundarik Mukhopadhaya and David Randle

Netherlands International Law Review / Volume 58 / Issue 01, pp 43 – 75

DOI:10.1017/S0165070X11100029 (About DOI)

Abstract

THE ROLE AND PLACE OF HUMAN RIGHTS IN THE MANDATE AND WORKS OF THE PEACE AND SECURITY COUNCIL OF THE AU: AN APPRAISAL

Solomon A. Dersso

Netherlands International Law Review / Volume 58 / Issue 01, pp 77 – 101

DOI:10.1017/S0165070X11100030 (About DOI)

Abstract

UN PEACE-BUILDING, TRANSITIONAL JUSTICE AND THE RULE OF LAW IN EAST TIMOR: THE LIMITS OF INSTITUTIONAL RESPONSES TO POLITICAL QUESTIONS

Pádraig McAuliffe

Netherlands International Law Review / Volume 58 / Issue 01, pp 103 – 135

DOI:10.1017/S0165070X11100042 (About DOI)

Abstract

Book Reviews

M.P. Scharf; P.R. Williams, Shaping Foreign Policy in Times of Crisis: The Role of International Law and the State Department Legal Adviser, Cambridge University Press, Cambridge 2010, xxiv + 305 pp., UK£18.99/US$30.99, ISBN 978-0-521-16770-3 (paperback); UK£50/US$85, ISBN 978-0-521-76680-7 (hardback).

Johan G. Lammers

Netherlands International Law Review / Volume 58 / Issue 01, pp 137 – 139

DOI:10.1017/S0165070X11100054 (About DOI)

A. De Zayas, Völkermord als Staatsgeheimnis: Vom Wissen über die ‘Endlösung der Judenfrage’ im Dritten Reich, Olzog Verlag, Munich 2011, 208 pp., € 26.90 (hardback). ISBN 978-3-7892-8329-1.

Johannes van Aggelen

Netherlands International Law Review / Volume 58 / Issue 01, pp 139 – 142

DOI:10.1017/S0165070X11100066 (About DOI)

Hague Case Law – Latest Developments

HAGUE CASE LAW – LATEST DEVELOPMENTS

Erik V. Koppe

Netherlands International Law Review / Volume 58 / Issue 01, pp 143 – 144

DOI:10.1017/S0165070X11100078 (About DOI)

Abstract

……

Miskolc Journal of International Law, Volume 8, Number 1, 2011

Articles

  • Palestinian Statehood: A Secessionist Dialogue (William R. SLOMANSON) p.1-16
  • Les obligations de l’État du point de vue de l’éducation et de la formation aux droits de l’homme (Péter KOVÁCS) p.17-22
  • United Nations and Corporate Responsibility for Human Rights (Jernej Letnar ČERNIČ) p.23-30

Review

  • Dr. Alina Ioana Szabó (née Apreotesei): The International Criminal Court: Starting with Africa (Origins, Development and Future of the International Criminal Court to Prosecute Gross Violations of International Humanitarian and Human Rights Laws, Ottawa: Free World Publishing. 2010., Pp. 232. ISBN 978-0-9738848-5-2.) (Dobromir MIHAJLOV) p.31-34

……

Syracuse Journal of International Law and Commerce, Volume 38, Number 1, Fall 2010

ARTICLES

  • Unenforceable Impracticality: Exploring Keibler’s Constitutional, Jurisprudential and Practical Miscues (J. David Campbell, Jr.) p.1
  • The Two Percent: The Practical Application of International Law on the Death Penalty in the United States (Sarah Mazzochi) p.31
  • The Constitutional and Jurisdictional Limitations of In Rein Jurisdiction in Forfeiture Actions: A Response to International Forfeiture and the Constitution: The Limits of Forfeiture Jurisdiction Over Foreign Assets Under 28 U.S.C. § 1355(B)(2) (Amy M. Schaldenbrand) p.55
  • The Treatment of Employees as Stakeholders in the European Union: Current and Future Trends (Tom C. Hodge) p.91

NOTES

  • Farm Workers and Forced Labor: Why Including Agricultural Guest Workers in the Migrant and Seasonal Worker Protection Act Prevents Human Trafficking (Sovereign Hager) p.173
  • Clean Air the Natural Way: A Case for Harmonizing Global Auto Emissions Standards (John M. Amandolare) p.201

……

Human Rights, Volume 37, Number 3, Summer 2010

  • The Impact of the Beijing Platform for Action: 1995 to 2010 (Hon. Linda Tarr-Whelan) p.2
  • What Health Reform Means for Women (Marcia Greenberger and Lisa Codispoti) p.5
  • Successes and Further Goals for Women in the Workforce (Congresswoman Rosa L. DeLauro) p.9
  • The Women’s Bureau: A Continuous Fight against Inequality (Sara Manzano-Diaz) p.12
  • The Legal Response to the Employment Needs of Domestic Violence Victims: An Update (Robin R. Runge) p.13
  • Title IX and the Importance of a Reinvigorated OCR (Kristen Galles) p.18
  • CEDAW Ratification: Backseated Once Again (Penny Wakefield) p.22
  • Interview with Paul M. Smith (Stephen J. Wermiel) p.25
  • Human Rights Hero – Justice Ruth Bader Ginsburg (Martha Barnett) p.26

……

Journal of International Trade Law & Policy, Volume 9, Number 3, 2010

  • The implementation paradox: intellectual property regulation in the Arab world (Mohammed El Said) p.221-235
  • International business ethics (Ben Tran) p.236-255
  • The impact of the recent financial crisis on EU competition policy for the banking sector (Ilias Kapsis) p.256-274
  • Blurring regime boundaries: uneven legalization of non-trade concerns in the WTO (Sieglinde Gstöhl) p.275-296
  • WTO effectiveness in resolving transatlantic trade-environment conflict (David J. Hornsby) p.297-309
  • Book Review
  • The Development of Intellectual Property Protection in the Arab World (Moe Alramahi) p.311-311
  • Doyle’s Practical Guide to Business Law in Emerging Countries in Asia (Leon Moller) p.310-310

……

Journal of World Investment & Trade, Volume 12, Number 1, February 2011

  • Recent Trends in the Scientific Basis of Sanitary and Phytosanitary Trade Rules and Their Potential Impact on Investment (Stuart J. Smyth, William A. Kerr and Peter W. B. Phillips) p.5
  • Human Rights Law and BIT Protection: Areas of Convergence (Timothy G. Nelson) p.27
  • China’s First Ten Years in WTO Dispute Settlement (Xiuli HAN) p.49
  • Implications of International Investment Law for Tobacco Flavouring Regulation (Tania Voon and Andrew Mitchell) p.65
  • Voluntary “Westernization” of the Expropriation Rules in Chinese BITs and Its Implication: An Empirical Study (JI Ye) p.81
  • Labour Standards, the Environment and US Model BIT Practice: Where to Next? (Edward Guntrip) p.101
  • WTO and the Financial Crisis: What Lessons Should We Learn? (Roberto Soprano)

……

World Trade Review, Volume 10, Issue 2, April 2011

  • Consumer preferences and the National Treatment Principle: emerging environmental regulations prompt a new look at an old problem (EMILY BARRETT LYDGATE) p.165-188
  • International regulation of free zones: an analysis of multilateral customs and trade rules (SHERZOD SHADIKHODJAEV) p.189-216
  • Transparency of complex regulation: how should WTO trade policy reviews deal with sanitary and phytosanitary policies? (VALENTIN ZAHRNT) p.217-247
  • Assessing the adjustment implications of trade policy changes using the Tariff Reform Impact Simulation Tool (TRIST) (PAUL BRENTON, CHRISTIAN SABOROWSKI, CORN….) p.249-276

……

Northwestern University Journal of International Human Rights, Volume 9, Issue 1, Fall 2010

Articles

  • Should New Bills of Rights Address Emerging International Human Rights Norms? The Challenge of “Defamation of Religion” (Robert C. Blitt) p.1
  • Rights As Footprints: A New Metaphor For Contemporary Human Rights Practice (Jeremy Perelman & Katharine Young) p.27
  • Left Out By the Pied Piper: The U.N. Response to Children in Localized Conflict Settings (Mukul Saxena) p.59
  • Notes & Comments
  • Children Left Behind Bars: Sullivan, Graham, and Juvenile Life without Parole Sentences (Tera Agyepong) p.83
  • Water Scarcity and the Recognition of the Human Right to Safe Freshwater (Elliot Curry) p.103

……

University of Pennsylvania Law Review, Volume 159, Number 4, March 2011

  • Randomizing Law (Michael Abramowicz, Ian Ayres & Yair Listokin) p.929
  • Lasting Legislation (Rebecca M. Kysar) p.1007
  • International Courts and the U.S. Constitution: Reexamining the History (Jenny S. Martinez) p.1069

……

Denver Journal of International Law and Policy, Volume 39,Number 2, Spring 2011

GENERAL ARTICLES

  • MARITIME PIRACY: HOW CAN INTERNATIONAL LAW AND POLICY ADDRESS THIS GROWING GLOBAL MENACE? (Ved P. Nanda) p.177
  • A GROTIAN MOMENT: CHANGES IN THE LEGAL THEORY OF STATEHOOD (Milena Sterio) p.209
  • PROSECUTION AND PEACE: A ROLE FOR AMNESTY BEFORE THE ICC? (Kate Allan) p.239
  • CORPORATE OBLIGATIONS UNDER THE HUMAN RIGHT TO WATER (Jernej Letnar Černič) p.303
  • NEW HOPES AND CHALLENGES FOR THE PROTECTION OF IDPs IN AFRICA: THE KAMPALA CONVENTION FOR THE PROTECTION AND ASSISTANCE OF INTERNALLY DISPLACED PERSONS IN AFRICA (Flavia Zorzi Giustiniani) p.347

BOOK REVIEW

  • PERU, YALE, AND CULTURAL PROPERTY: UNDERSTANDING THE DISPUTE THROUGH AN ENGAGING TALE OF ADVENTURE (Carrie Golden) p.371

……

Fordham International Law Journal, Volume 34, Number 3, February 2011

ESSAYS

  • CARTELS IN THE EUROPEAN UNION: PROCEDURAL FAIRNESS FOR DEFENDANTS AND CLAIMANTS (David Anderson & Rachel Cuff) p.385
  • SHAREHOLDER LIABILITY FOR JOINT VENTURE INFRINGEMENTS IN THE EUROPEAN UNION (Jolling K. de Pree & Stefan C.H. Molin) p.431

NOTES

  • ACCOUNTABILITY IN INTERNATIONAL PROJECT FINANCE: THE EQUATOR PRINCIPLES AND THE CREATION OF THIRD-PARTY-BENEFICIARY STATUS FOR PROJECT-AFFECTED COMMUNITIES (Marissa Marco) p.452
  • AFTER GUANTÁNAMO: LEGAL RIGHTS OF FOREIGN DETAINEES HELD IN THE UNITED STATES IN THE “WAR ON TERROR” (Ashley C. Pope) p.504
  • COMMENT
  • AWAKING THE SLEEPING DRAGON: THE EVOLVING CHINESE PATENT LAW AND ITS IMPLICATIONS FOR PHARMACEUTICAL PATENTS (Rachel T. Wu) p.549

……

Asia-Pacific Journal on Human Rights and the Law, Volume 11, Number 2, 2010

ARTICLES

  • The Significance of the UN Declaration on the Rights of Indigenous Peoples: The Australian Perspectives (Kanchana Kariyawasam) p.1
  • Euthanasia and its Legality from Indian and International Perspectives (Tushar Kumar Biswas and Arnab Sengupta) p.18
  • The European Court of Human Rights and India: A Study Contrasting their Respective Approaches towards Human Rights Issues (S V Adithya Vidyasagar and Siddharth Tatiya) p.31

SELECTED HUMAN RIGHTS DOCUMENTS

  • Advisory Council of Jurists’ Final Report: Reference on Human Rights, Sexual Orientation and Gender Identity p.52
  • Terms of Reference of the ASEAN Commission for the Promotion and Protection of the Rights of Women and Children (ACWC) p.82
  • Universal Declaration of Human Rights in Ponapean p.92

……

New York University Annual Survey of American Law, Volume 66, Number 3, 2011

  • TOWARDS AN INTERNATIONAL DIALOGUE ON THE INSTITUTIONAL SIDE OF ANTITRUST (Philip J. Weiser) p.445

……

Muslim World Journal of Human Rights, Volume 7, Issue 2, January 2011

Articles

  • Paradoxes of Democratic Progress in Kuwait: The Case of the Kuwaiti Women’s Rights Movement (Doron Shultziner and Mary Ann Tétreault)
  • Towards Substantive Equality in Iranian Constitutional Discourse (Amin Reza Koohestani)
  • Human Rights and Islamic Law: A Legal Analysis Challenging the Husband’s Authority to Punish “Rebellious” Wives” (Murad H. Elsaidi)
  • Citizenship in Question: Chicago Muslims Before and After 9/11 (Jackleen M. Salem)
  • Restrictions on the Press under King Mohammed VI and Morocco’s Obligations under International and Domestic Laws on Freedom of Expression (Agatha Koprowski)

Book Reviews

  • Review of Justice & Rights: Christian and Muslim Perspectives (David T. Buckley)
  • Review of Human Rights, Southern Voices: Francis Deng, Abdullahi An-Na’im, Yash Ghai and Upendra Baxi (Jane I. Smith)

……

Journal of Water Law, Volume 20, Number 5, 2010

SPECIAL ISSUE CONTEMPORARY INDIGENOUS PEOPLES’ LEGAL RIGHTS TO WATER IN THE AMERICAS AND AUSTRALASIA

  • INTRODUCTION Introducing why it matters: Indigenous peoples, the law and water (Ruru, Jacinta) p.221-223
  • Native American Winters doctrine and Stevens Treaty water rights: Recognition, quantification, management (Paschal Osborn, Rachael) p.224-235
  • Undefined and unresolved: Exploring Indigenous rights in Aotearoa New Zealand’s freshwater legal regime (Ruru, Jacinta) p.236-242
  • Realising capacity: Indigenous involvement in water law and policy reform in south-eastern Australia (Godden, Lee; Gunther, Mahala) p.243-253
  • Indigenous peoples and water rights: Does the United Nations’ adoption of the Declaration on the Rights of Indigenous Peoples help? (Morse, Bradford W.) p.254-267
  • Indigenous water rights in the Andes: Struggles over resources and legitimacy (Boelens, Rutgerd.; Guevara-Gil, Armando.; Panfichi, Aldo.) p.268-277
  • The recognition of Indigenous customary law in water resource management (Craig, Donna.; Gachenga, Elizabeth.) p.278-284
  • Indigenous challenges to enhance freshwater governance and management in Aotearoa New Zealand—The Waikato River settlement (Te Aho, Linda.) p.285

……

William & Mary Environmental Law and Policy Review, Volume 35, Number 2, Winter 2011

  • WATER LAW IN THE UNITED STATES AND BRAZIL—CLIMATE CHANGE & TWO APPROACHES TO EMERGING WATER POVERTY (David N. Cassuto & Rômulo S. R. Sampaio) p.371
  • A COMPARATIVE REVIEW OF ENVIRONMENTAL PROTECTION POLICIES AND LAWS INVOLVING HAZARDOUS PRIVATE DAMS: ‘APPROPRIATE’ PRACTICE MODELS FOR SAFE CATCHMENTS (John D. Pisaniello) p.515
  • DECREASING DIRTY DUMPING? A REEVALUATION OF TOXIC WASTE COLONIALISM AND THE GLOBAL MANAGEMENT OF TRANSBOUNDARY HAZARDOUS WASTE (Laura A. W. Pratt) p.581

Notes

  • ECO-PATENT COMMONS: A DONATION APPROACH ENCOURAGING INNOVATION WITHIN THE PATENT SYSTEM (Andrew Boynton) p.659
  • FINDING A NEW GREEN IN POSTWAR IRAQ AND AFGHANISTAN: AN ARGUMENT FOR COOPERATION (Nathan Kent Miller) p.687

……

International Business Law Journal, Number 2, 2011

ARTICLES

  • International Carriage of Nuclear Materials: Conflict Rules on Nuclear Liability (Patrick BLANCHARD) p.131
  • Public Versus Private Water in Italy: A Wind of Reform Against Dunes of Sand (Giuseppe VELLUTO) p.149
  • Comment Column
  • Project Finance Securitizations: Market Shift or Market Anamoly? (Paul A. ORTA) p.167

ACTUALITES

  • DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE / INTERNATIONAL TRADE AND COMPETITION LAW
  • Politiques de concurrence / Competition Policies (Nathalie JALABERT-DOURY, Frederick AMIEL….) p.177
  • SURETES, PAIEMENTS ET FINANCEMENTS INTERNATIONAUX/ SECURITIES, INTERNATIONAL PAYMENTS AND FINANCING
  • Une garantie de l’affectation des fonds dans les montages de financement de projet : la lettre de change (Charles ZAGOH) p.195
  • ARBITRAGE INTERNATIONAL ET AUTRES MODES DE REGLEMENT DES CONFLITS / INTERNATIONAL ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION
  • Les « breves » / Briefing (Christophe SERAGLINI, Delphine ROOZ, Antonio MUSELLA) p.203

……

Journal of Legal Pluralism and Unofficial Law, Volume 60, 2010

HUMAN RIGHTS AND LEGAL PLURALISM

  • HOW TO INTEGRATE UNIVERSAL HUMAN RIGHTS INTO CUSTOMARY AND RELIGIOUS LEGAL SYSTEMS? (Yüksel Sezgin) p.5
  • WOMEN ENTERING THE LEGAL LANDSCAPE: NEGOTIATING LEGAL GENDER REFORMS IN A ‘TRIBAL’ WOMEN’S FORUM IN SOUTH RAJASTHAN, INDIA (Mengia Hong Tschalaer) p.41
  • HUMAN RIGHTS PROMOTION IN POST CONFLICT SIERRA LEONE: COMING TO GRIPS WITH PLURALITY IN CUSTOMARY JUSTICE (Giselle Corradi) p.73
  • TRANSFORMATIVE JURICULTURAL PLURALISM: INDIGENOUS JUSTICE SYSTEMS IN LATIN AMERICA AND INTERNATIONAL HUMAN RIGHTS (Kimberly Inksater) p.105
  • DEEP LEGAL PLURALISM IN SOUTH AFRICA: JUDICIAL ACCOMMODATION OF NON-STATE LAW (Christa Rautenbach) p.143
  • BOOK REVIEW
  • International Council on Human Rights Policy, W hen Legal Worlds Overlap: Human Rights, State and Non-State Law. Geneva: ICHRP. 2009. (Milena Stefanova and Nicholas Menzies) p.179

……

Philippine Law Journal, Volume 84, Number 4, 2009

  • Disaster, Displacement and Duty: The application of international Human Rights Law to Philippine Relief and Recovery (Jacqueline Joyce F. Espenilla) p.956
  • Comment: Treaties, Chinese “Tied Loans”, Government procurement and good Governance (Herminio Harry L. Roque, Jr.) p.1037

……

Irish Journal of European Law, Volume 16, Numbers 1 & 2, 2009

  • Fixing a Hole Where the Rain Gets In: The Lisbon Treaty and the Irish ‘Legal Guarantees’ (Laurent Pech & Patrick B Griffin) p.5
  • Constitutional Courts and the Lisbon Treaty (The Hon Mrs Justice Susan Denham & Genevieve Burke) p.93
  • The Significance of the Free Trade Jurisprudence of the Court of Justice of the European Union to the Constitutional Development of the Australian Single Market (Gonzalo Villalta Puig) p.131
  • The Protection of Workers’ Rights and the Freedom of Movement: Compatible objectives in the EU Legal Order? A Critical Analysis of the Laval and Rüffert Judgments of the ECJ (Cathal Flynn) p.159
  • Economics Based Dominance — Has The Tide Turned? (Sinead Eaton) p.195

……

Environmental Policy and Law, Volume 41, Number 1, 2011

UNITED NATIONS ACTIVITIES

  • UN / GA 65th Session
  • Environmental Policy and Legal Resolutions (Elisa Morgera) p.2
  • UNCSD-Rio+20 / ISM-1
  • Finding Common Ground (Elsa Tsioumani) p.9

UNFCCC / KYOTO PROTOCOL

  • Outcomes of the Cancún Conference (Soledad Aguilar) p.10
  • Clean Development Mechanism – Proposal for an Appeals Process (Michael Bothe, Thilo Marauhn, Eckard Reh….) p.14

CMS / ACCOBAMS / MOP-4

  • Geographical Area Overlapping with ASCOBANS – Legal or Other Implications (Elizabeth Maruma Mrema, Heidrun Frisch) p.18

CMS

  • International Tiger Forum – Reflections (Aline Kühl) p.22
  • Montreal Protocol / MOP-22
  • “Universal” Agreement Makes Limited Progress p.24
  • INC Mercury-1 & 2
  • Negotiations Commence p.26

OTHER INTERNATIONAL DEVELOPMENTS

  • Marine Genetic Resources beyond National Jurisdiction – Coordination and Harmonisation of Governance Regimes (Arianna Broggiato) p.35
  • Environmental Damage – A New Challenge for China, Continuing Challenges for Western Legal Systems (Mariachiara Albertson, Luciano Butti, Ma….) p.42
  • GEF / 39th Council
  • Few Surprises in the Meeting (Soledad Aguilar) p.52

REFERENCES TO OTHER TOPICS p.53

……

Journal of Conflict Resolution, Volume 55, Number 2, April 2011

  • Aiding and Abetting: Human Rights INGOs and Domestic Protest (Amanda Murdie and Tavishi Bhasin) p.163-191
  • Diversion and Political Survival in Latin America (Ross A. Miller and Özlem Elgün) p.192-219
  • Funerals and Elections: The Effects of Terrorism on Voting Behavior in Turkey (Arzu Kibris) p.220-247
  • Shared Human Rights Norms and Military Conflict (Timothy M. Peterson and Leah Graham) p.248-273
  • Anger, Hatred, and the Quest for Peace: Anger Can Be Constructive in the Absence of Hatred (Eran Halperin, Alexandra G. Russell, Car….) p.274-291
  • Political Irrelevance, Democracy, and the Limits of Militarized Conflict (Bear F. Braumoeller and Austin Carson) p.292-320

……

Feminist Legal Studies, Volume 19, Number 1, April 2011

  • Revisiting the Continental Shelf: Moira Gatens on Law, Religion, and Human Rights in Eliot, Feuerbach, and Spinoza (Stacy Douglas and Moira Gatens) p.75-82

……

International Journal of Human Rights, Volume 15, Number 4, 2011

  • Democracy promotion and human rights in US foreign policy (Oz Hassan; Jason Ralph) p.509-519

Articles

  • Exporting virtue: neoconservatism, democracy promotion and the end of history (Mark J. L. McClelland) p.520-531
  • The rise and fall of American’s freedom agenda in Afghanistan: counter-terrorism, nation-building and democracy (Oz Hassan; Andrew Hammond) p.532-551
  • ‘It’s the political, stupid’: national versus transnational perspectives on democratisation in Iraq (Jeff Bridoux) p.552-571
  • Barack Obama’s democracy promotion at midterm (Nicolas Bouchet) p.572-588
  • What’s so extraordinary about rendition? (James D. Boys) p.589-604
  • (Im)plausible legality: the rationalisation of human rights abuses in the American ‘Global War on Terror’ (Rebecca Sanders) p.605-626
  • Dirty hands or dirty decisions? Investigating, prosecuting and punishing those responsible for abuses of detainees in counter terrorism operations (Maureen Ramsay) p.627-643

Book review

  • Why Not Torture Terrorists? (Ruth Blakeley) p.644-646

……

Rutgers Law Review, Volume 63, Number 1, Fall 2010

  • CHILD LABOR AS INVOLUNTARY SERVITUDE: THE FAILURE OF CONGRESS TO LEGISLATE AGAINST CHILD LABOR PURSUANT TO THE THIRTEENTH AMENDMENT IN THE EARLY TWENTIETH CENTURY (Dina Mishra) p.59
  • PROVING GENOCIDAL INTENT: INTERNATIONAL PRECEDENT AND ECCC CASE 002 (Ryan Park) p.129
  • JOINT CRIMINAL ENTERPRISE AND THE JURISDICTION OF THE EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA (Jared L. Watkins & Randle C. DeFalco) p.193

……

Journal of Banking Regulation, Volume 12, Issue 2, March 2011

  • Basel III market and regulatory compromise (George Alexander Walker) p.95-99
  • Developing Asia and the global financial regulatory agenda (Douglas W Arner and Cyn-Young Park) p.119-143

……

Duke Law Journal, Volume 60, Number 7, April 2011

  • Environmental Harms, Use Conflicts, and Neutral Baselines in Environmental Law (Todd S. Aagaard)

……

International Journal of Refugee Law

Vol. 23, Issue 2 (July 2011)

Articles

Mark Loong

Return and Reintegration of Human Trafficking Victims from Australia

Int J Refugee Law (2011) 23(2): 143-173 doi:10.1093/ijrl/eer003

Abstract  Full Text (HTML)  Full Text (PDF)

Violeta Moreno-Lax

Seeking Asylum in the Mediterranean: Against a Fragmentary Reading of EU Member States’ Obligations Accruing at Sea

Int J Refugee Law (2011) 23(2): 174-220 doi:10.1093/ijrl/eer005

Abstract  Full Text (HTML)  Full Text (PDF)

Lauren Groth

Engendering Protection: an Analysis of the 2009 Kampala Convention and its Provisions for Internally Displaced Women

Int J Refugee Law (2011) 23(2): 221-251 doi:10.1093/ijrl/eer002

Abstract  Full Text (HTML)  Full Text (PDF)

Pia Zambelli

Problematic Trends in the Analysis of State Protection and Article 1F(a) Exclusion in Canadian Refugee Law

Int J Refugee Law (2011) 23(2): 252-287 doi:10.1093/ijrl/eer004

Abstract  Full Text (HTML)  Full Text (PDF)

Case Law

Case of M.S.S. v. Belgium and Greece European Court of Human Rights

Int J Refugee Law (2011) 23(2): 288-403 doi:10.1093/ijrl/eer006

Extract  Full Text (HTML)  Full Text (PDF)

Secretary of State for the Home Department (Appellant) v. DD (Afghanistan) (Respondent)

Int J Refugee Law (2011) 23(2): 404-424 doi:10.1093/ijrl/eer007

Extract  Full Text (HTML)  Full Text (PDF)

Book Reviews

Ulrike Brandl

The United Nations High Commissioner for Refugees (UNHCR): The politics and practice of refugee protection into the twenty-first century

Int J Refugee Law (2011) 23(2): 425-427 doi:10.1093/ijrl/eer010

Extract  Full Text (HTML)  Full Text (PDF)

Ulrike Brandl

The Limits of Transnational Law: Refugee Law, Policy Harmonization and Judicial Dialogue in the European Union

Int J Refugee Law (2011) 23(2): 428-431 doi:10.1093/ijrl/eer011

Extract  Full Text (HTML)  Full Text (PDF)

Michelle Foster

Refugees, Asylum Seekers and the Rule of Law

Int J Refugee Law (2011) 23(2): 431-434 doi:10.1093/ijrl/eer009

Extract  Full Text (HTML)  Full Text (PDF)

Mike Sanderson

Asylum, Welfare and the Cosmopolitan Ideal: A Sociology of Rights

Int J Refugee Law (2011) 23(2): 434-440 doi:10.1093/ijrl/eer008

Extract  Full Text (HTML) Full Text (PDF)

……

International Journal on Minority and Group Rights

Volume 18, Number 2, 2011

Civil Society Actors and the International Protection Regime for Minorities: Festschrift in Honour of Alan Phillips
pp. 131-133(3)
Author: Thornberry, Patrick

Introductory Study: Civil Society Actors and the International Protection Regime for Minorities
pp. 135-160(26)
Authors: Bíró, Anna-Mária

The Power of Words? NGO Engagement in the Working Group on Minorities
pp. 161-184(24)
Author: Schweizer, Natalie

Two Campaigns to Strengthen United Nations Mechanisms on Minority Rights
pp. 185-199(15)
Authors: Chapman, Chris; Ramsay, Kathryn

Civil Society Contributions to the Work of the OSCE High Commissioner on National Minorities
pp. 201-218(18)
Authors: Altenhoener, Charlotte; Palermo, Francesco

The International Protection Regime for Minorities, the Aftermath of the 2008 Financial Crisis and the EU: New Challenges for Non-State Actors
pp. 219-234(16)
Author: Ruzza, Carlo

Influence of Civil Society Actors on Formulation of Roma Issues within the EU Framework
pp. 235-256(22)
Author: Sobotka, Eva

Inclusion of Afro-Descendents in Ethnic Data Collection: Towards Visibility
pp. 257-275(19)
Authors: Lennox, Corinne; Minott, Carlos

The Framework Convention for the Protection of National Minorities: a Useful Pan-European Instrument?
pp. 277-280(4)
Author: Ahmed, Tawhida

Contemporary Issues in International Environmental Law
pp. 281-285(5)
Author: Hossain, Kamrul

Bottom of Form

……

Journal of International Criminal Justice

Vol. 9, Issue 2 (May 2011)

Debate

Malcolm N. Shaw, QC

The Article 12(3) Declaration of the Palestinian Authority, the International Criminal Court and International Law

J Int Criminal Justice (2011) 9(2): 301-324 doi:10.1093/jicj/mqr012

Abstract   Full Text (HTML)  Full Text (PDF)

Amir Attaran, Roger Bate, and Megan Kendall

Why and How to Make an International Crime of Medicine Counterfeiting

J Int Criminal Justice (2011) 9(2): 325-354 doi:10.1093/jicj/mqr005

Abstract  FREE Full Text (HTML)  Full Text (PDF)

Articles

Darryl Robinson

Editor’s Choice: The Controversy over Territorial State Referrals and Reflections on ICL Discourse

J Int Criminal Justice (2011) 9(2): 355-384 doi:10.1093/jicj/mqr009

Abstract  FREE Full Text (HTML)  Full Text (PDF)

Michele Caianiello

First Decisions on the Admission of Evidence at ICC Trials: A Blending of Accusatorial and Inquisitorial Models?

J Int Criminal Justice (2011) 9(2): 385-410 doi:10.1093/jicj/mqr011

Abstract  Full Text (HTML)  Full Text (PDF)

Barbora Holá, Alette Smeulers, and Catrien Bijleveld

International Sentencing Facts and Figures: Sentencing Practice at the ICTY and ICTR

J Int Criminal Justice (2011) 9(2): 411-439 doi:10.1093/jicj/mqr014

Abstract  Full Text (HTML)  Full Text (PDF)

Ruth Bettina Birn

Criminals as Manipulative Witnesses: A Case Study of SS General von dem Bach-Zelewski

J Int Criminal Justice (2011) 9(2): 441-474 doi:10.1093/jicj/mqq055

Abstract  Full Text (HTML)  Full Text (PDF)

Anthology

Ruth Bettina Birn and Walter H. Rapp

Introductory NoteInterrogation of Bach-Zelewski

J Int Criminal Justice (2011) 9(2): 475-479 doi:10.1093/jicj/mqr013

Extract  Full Text (HTML)  Full Text (PDF)

Highlights

Katharina Margetts and Katerina I. Kappos

Current Developments at the Ad Hoc International Criminal Tribunals

J Int Criminal Justice (2011) 9(2): 481-518 doi:10.1093/jicj/mqr008

Extract  Full Text (HTML)  Full Text (PDF)

……

International Organization

Volume 65 – Issue 02 – April 2011

Struggles for Individual Rights and the Expansion of the International System

Christian Reus-Smit

International Organization / Volume 65 / Issue 02, pp 207 – 242

DOI:10.1017/S0020818311000038 (About DOI)

Before Hegemony: Generalized Trust and the Creation and Design of International Security Organizations

Brian C. Rathbun

International Organization / Volume 65 / Issue 02, pp 243 – 273

DOI:10.1017/S0020818311000014 (About DOI)

The Making of the Territorial Order: New Borders and the Emergence of Interstate Conflict

David B. Carter and H. E. Goemans

International Organization / Volume 65 / Issue 02, pp 275 – 309

DOI:10.1017/S0020818311000051 (About DOI)

The Reductionist Gamble: Open Economy Politics in the Global Economy

Thomas Oatley

International Organization / Volume 65 / Issue 02, pp 311 – 341

DOI:10.1017/S002081831100004X (About DOI)

Research Note

The Effect of Repeated Play on Reputation Building: An Experimental Approach

Dustin H. Tingley and Barbara F. Walter

International Organization / Volume 65 / Issue 02, pp 343 – 365

DOI:10.1017/S0020818311000026 (About DOI)

Review Essay

Historical Institutionalism in International Relations

Orfeo Fioretos

International Organization / Volume 65 / Issue 02, pp 367 – 399

DOI:10.1017/S0020818311000002 (About DOI)

……

Journal of Business Law, Issue 2, 2011

  • The European Court of Justice and Age Discrimination (Malcolm Sargeant) p.144

……

European Food and Feed Law Review, 2011, Number 1

  • Distinction between Feed Materials and Feed Additives in Consideration of the General Principles of Law, and with a View to the Demarcation Guidelines established by the European Commission with Recommendation No 2011/25/EU of 14 January 2011 (Barbara Klaus) p.2
  • A legal-economic Analysis of International Diversity in Food Safety Legislation: Content and Impact (Harry Bremmers, Bernd van der Meulen, Jo….) p.41

……

Vienna Journal on International Constitutional Law, Volume 4, Issue 3, 2010

Articles

  • Wartime Detention Based on Secret Evidence: A Question of Executive Authority and Constitutional Liberty (Adam P. Jason) p.326
  • The Constitutionality of the Predator Drone Program (Jamie L. Kleidman) p.359
  • The New Faces of U.S. Armed Forces: The Constitution and Private Military Firms (Jenna Norys) p.384
  • The EU as an emerging ‘Surveillance Society’: The function creep case study and challenges to privacy and data protection (Maria Tzanou) p.407
  • The Spanish Intelligence Service (CNI): New Threats, same secrecy, better oversight? (Susana Sánchez Ferro) p.428
  • Intelligence agencies and the State secret privilege: the Italian experience (Tommaso F. Giupponi; Federico Fabbrini) p.443
  • An Example of ‘Worst Practice’? The coercive Counter-Terrorism Powers of the Australian Security Intelligence Organisation (Nicola McGarrity) p.467

Constitutional Developments

  • The Decision of the Hungarian Constitutional Court according to the freedom of access to information of public interest (Tímea Drinóczi) p.485
  • The Hungarian Constitutional Court’s decision on the Restrain Act (Tímea Drinóczi) p.489
  • The decision of the Hungarian Constitutional Court about the form of the oath of the civil servants – in the context of the freedom of religion (Tímea Drinóczi) p.493

Book Review

  • Santiago Montt, State Liability in Investment Treaty Arbitration: Global Constitutional and Administrative Law in the BIT Generation, Hart Publishing, 2009, ISBN 978-1-841-13856-5, 460 pp. (Reviewed by Christina Knahr) p.559
  • Janet Halley, Split Decisions: How and Why to Take a Break from Feminism, Princeton University Press, 2006 (paperback 2008), ISBN 978-0-691-13632-5, 363 pp. (Reviewed by Jackie Jones) p.561

……

Climate Law, Volume 1, Number 3, 2010

  • A pale reflection of political reality: Integration of global climate, wetland, and biodiversity agreements (Jamie Pittock) p.343-373
  • The United Nations Security Council and climate change: Challenges and opportunities (Darragh Conway) p.375-407
  • Verifying greenhouse gas emissions of Annex I parties: Methods we have and methods we want (Alexander Zahar) p.409-427
  • Geoengineering: A critique (Gareth Davies) p.429-441
  • Book Reviews p.443-466

……

European Journal of Risk Regulation, Issue 3, 2010

MINI-SYMPOSIUM ON THE DEEPWATER HORIZON OIL SPILL – Comments of the Society for Risk Analysis’s Past Presidents (Robert Tardiff, Lester Lave, John Garric….) p.211

ARTICLES

  • The Role of Regulatory Impact Assessment in Fighting Climate Change and the Economic Downturn: A EU-US Perspective (Jacopo Torriti and Ragnar E. Lofstedt) p.251
  • International Conference on Harmonisation and Standardisation Initiatives in the Pharmaceutical Domain (Sabine Brosch and Alessandro Spina) p.274
  • Regulatory Impact Assessment and Sustainable Development: Towards a Common Framework? (Klaus Jacob) p.276
  • Global Governance of Risks: WTO, Codex Alimentarius and Private Standards–Report on the SRA-Europe 19th Annual Conference (Alessandra Arcuri, Lukasz Gruszczynski and Alexia Herwig) p.285

……

Environmental Law Review, Volume 12, Number 4, 2010

  • The Convention on Biological Diversity: will the decisions made at COP10 in Nagoya make it easier to conserve biodiversity? (Lynda M. Warren) p.245

……

International Journal of Constitutional Law, Volume 8, Number 3, July 2010

  • A typology of economic and social rights adjudication: Exploring the catalytic function of judicial review (Katharine G. Young) p.385-420
  • Paradigms of public law: transnational constitutional values and democratic challenges (Vicki C. Jackson) p.517-562
  • Situating the debate on global constitutionalism (Christine E. J. Schwöbel) p.611-635
  • Globalization and the future of the law of the sovereign state (Eric C. Ip) p.636-655

……

Journal of Private International Law, Volume 7, Number 1, April 2011

  • Jurisdictional Discovery in Transnational Litigation: Extraterritorial Effects of United States Federal Practice (Strong, S.I.) p.1-31
  • Authentic Instruments and European Private International Law in Civil and Commercial Matters: Is Now the Time to Break New Ground? (Fitchen, Jonathan) p.33-100
  • Consumer Collective Redress in European Private International Law (Tang, Zheng Sophia) p.101-147
  • The Relevance of the Rome I Regulation to International Commercial Arbitration in The European Union (Yüksel, Burcu) p.149-178
  • Contractual Conflicts in the People’s Republic of China: The Applicable Law in the Absence Of Choice (Tu, Guangjian; Xu, Muchi) p.179-202
  • The Harmonisation of Private International Law in Europe: Taking the Character Out of Family Law? (Harding, Maebh) p.203-229

……

UCLA Pacific Basin Law Journal, Volume 27, Number 2, Spring 2010

  • THE RIGHT TO FREEDOM OF ASSOCIATION IN THE WORKPLACE: AUSTRALIA’S COMPLIANCE WITH INTERNATIONAL HUMAN RIGHTS LAW (Zoé Hutchinson) p.119
  • A FALSE PROMISE OF FAIR TRIALS: A CASE STUDY OF CHINA’S MALLEABLE CRIMINAL PROCEDURE LAW (Rongjie Lan) p.153
  • PRIZONIZATION OR SOCIALIZATION? SOCIAL FACTORS ASSOCIATED WITH CHINESE ADMINISTRATIVE OFFENCES (Li Enshen) p.213

……

Australian Law Journal, Volume 85, Number 4, April 2011

INTERNATIONAL FOCUS – Editor: Ryszard Piotrowicz

  • Drama in the desert: Libya and the United Nations p.204

……

 IGENTA International Law Database

April 26, 2011

Record 1.
TI: Mainstreaming Gender into European Family Law? The Case of International Child Abduction and Brussels II Revised
AU: Lamont, Ruth
JN: European Law Journal
PD: May 2011
VO: 17
NO: 3
PG: 366-384(19)
PB: Blackwell Publishing Ltd
IS: 1351-5993

Record 2.
TI: Jurisdictional Competition. Selected Cases in International and European Law By Nikolaos Lavranos
AU: Lickova, Magdalena
JN: European Law Journal
PD: May 2011
VO: 17
NO: 3
PG: 435-436(2)
PB: Blackwell Publishing Ltd
IS: 1351-5993

Record 3.
TI: When Cooperation Fails. The International Law and Politics of Genetically Modified Foods By Mark A. Pollack and Gregory C. Shaffer
AU: Alemanno, Alberto
JN: European Law Journal
PD: May 2011
VO: 17
NO: 3
PG: 436-439(4)
PB: Blackwell Publishing Ltd
IS: 1351-5993

Record 4.
TI: Forest Policy Reform and the Organization of Logging in Peruvian Amazonia
AU: Sears, Robin R.; Pinedo-Vasquez, Miguel
JN: Development and Change
PD: March 2011
VO: 42
NO: 2
PG: 609-631(23)
PB: Blackwell Publishing Ltd
IS: 0012-155X

Record 5.
TI: Islamic Banking in Kazakhstan Law
AU: Maggs, Peter B.
JN: Review of Central and East European Law
PD: April 2011
VO: 36
NO: 1
PG: 1-32(32)
PB: Martinus Nijhoff Publishers
IS: 0925-9880

Record 6.
TI: The overexploitation and illegal trade of Prunus africana in the protected areas in the light of international environmental law a case study of the Democratic Republic of Congo
AU: Shamwana, Freddy Tshibundu
JN: International Journal of Green Economics
PD: April 2011
VO: 5
NO: 1
PG: 75-86(12)
PB: Inderscience Publishers Ltd
IS: 1744-9928

Record 7.
TI: The Power of Words? NGO Engagement in the Working Group on Minorities
AU: Schweizer, Natalie
JN: International Journal on Minority and Group Rights
PD: April 2011
VO: 18
NO: 2
PG: 161-184(24)
PB: Martinus Nijhoff Publishers
IS: 1385-4879

Record 8.
TI: Influence of Civil Society Actors on Formulation of Roma Issues within the EU Framework
AU: Sobotka, Eva
JN: International Journal on Minority and Group Rights
PD: April 2011
VO: 18
NO: 2
PG: 235-256(22)
PB: Martinus Nijhoff Publishers
IS: 1385-4879

Record 9.
TI: Contemporary Issues in International Environmental Law
AU: Hossain, Kamrul
JN: International Journal on Minority and Group Rights
PD: April 2011
VO: 18
NO: 2
PG: 281-285(5)
PB: Martinus Nijhoff Publishers
IS: 1385-4879

Record 10.
TI: KANT’S CONCEPTION OF RESPECT AND AFRICAN AMERICAN EDUCATION RIGHTS
AU: Bynum, Gregory Lewis
JN: Educational Theory
PD: February 2011
VO: 61
NO: 1
PG: 17-40(24)
PB: Blackwell Publishing Ltd
IS: 0013-2004

Record 11.
TI: Acquiring domicile in Switzerland: consequences of the matrimonial property regime
AU: Pulfer, Philippe; Djalili, Azadeh
JN: Trusts Trustees
PD: 12 May 2011
VO: 17
NO: 4
PG: 323-327(5)
PB: Oxford University Press
IS: 1363-1780

Record 12.
TI: Recognition and enforcement of orders of the Family Division against offshore trustees
AU: Graham, Toby; Steen, Peter
JN: Trusts Trustees
PD: 12 May 2011
VO: 17
NO: 4
PG: 334-341(8)
PB: Oxford University Press
IS: 1363-1780

Record 13.
TI: Enforcement of US judgments against domestic and offshore trusts and trustees
AU: Prudhoe, Tim; Notebaert, Jessica
JN: Trusts Trustees
PD: 12 May 2011
VO: 17
NO: 4
PG: 342-354(13)
PB: Oxford University Press
IS: 1363-1780

……

IGENTA International Law Database

April 19, 2011

Record 1.
TI: The Lawful Detention of Unauthorised Aliens under the European System for the Protection of Human Rights
AU: Bryan, Ian; Langford, Peter
JN: Nordic Journal of International Law
PD: April 2011
VO: 80
NO: 2
PG: 193-218(26)
PB: Martinus Nijhoff Publishers
IS: 0902-7351

Record 2.
TI: Individual Responsibility and the Application of Ignoratio Juris Non Excusat in International Law
AU: Bantekas, Ilias
JN: European Journal of Crime, Criminal Law and Criminal Justice
PD: April 2011
VO: 19
NO: 2
PG: 85-101(17)
PB: Martinus Nijhoff Publishers
IS: 0928-9569

Record 3.
TI: International standards for radiation protection
AU: Ambrosi, Peter
JN: Radiation Protection Dosimetry
PD: 9 March 2011
VO: 144
NO: 1-4
PG: 26-32(7)
PB: Oxford University Press
IS: 0144-8420

Record 4.
TI: Jurisdictional Discovery in Transnational Litigation: Extraterritorial Effects of United States Federal Practice
AU: Strong, S.I.
JN: Journal of Private International Law
PD: April 2011
VO: 7
NO: 1
PG: 1-31(31)
PB: Hart Publishing
IS: 1744-1048

Record 5.
TI: Authentic Instruments and European Private International Law in Civil and Commercial Matters: Is Now the Time to Break New Ground?
AU: Fitchen, Jonathan
JN: Journal of Private International Law
PD: April 2011
VO: 7
NO: 1
PG: 33-100(68)
PB: Hart Publishing
IS: 1744-1048

Record 6.
TI: Consumer Collective Redress in European Private International Law
AU: Tang, Zheng Sophia
JN: Journal of Private International Law
PD: April 2011
VO: 7
NO: 1
PG: 101-147(47)
PB: Hart Publishing
IS: 1744-1048

Record 7.
TI: The Relevance of the Rome I Regulation to International Commercial Arbitration in The European Union
AU: Yuksel, Burcu
JN: Journal of Private International Law
PD: April 2011
VO: 7
NO: 1
PG: 149-178(30)
PB: Hart Publishing
IS: 1744-1048

Record 8.
TI: Contractual Conflicts in the People’s Republic of China: The Applicable Law in the Absence Of Choice
AU: Tu, Guangjian; Xu, Muchi
JN: Journal of Private International Law
PD: April 2011
VO: 7
NO: 1
PG: 179-202(24)
PB: Hart Publishing
IS: 1744-1048

Record 9.
TI: The Harmonisation of Private International Law in Europe: Taking the Character Out of Family Law?
AU: Harding, Maebh
JN: Journal of Private International Law
PD: April 2011
VO: 7
NO: 1
PG: 203-229(27)
PB: Hart Publishing
IS: 1744-1048

Record 10.
TI: The Human Dimension of International Cultural Heritage Law: An Introduction
AU: Francioni, Francesco
JN: European Journal of International Law
PD: 2011
VO: 22
NO: 1
PG: 9-16(8)
PB: Oxford University Press
IS: 0938-5428

Record 11.
TI: Genocide and Restitution: Ensuring Each Group’s Contribution to Humanity
AU: Vrdoljak, Ana Filipa
JN: European Journal of International Law
PD: 2011
VO: 22
NO: 1
PG: 17-47(31)
PB: Oxford University Press
IS: 0938-5428

Record 12.
TI: Intangible Cultural Heritage: The Living Culture of Peoples
AU: Lenzerini, Federico
JN: European Journal of International Law
PD: 2011
VO: 22
NO: 1
PG: 101-120(20)
PB: Oxford University Press
IS: 0938-5428

Record 13.
TI: The Cultural Rights of Indigenous Peoples:Achievements and Continuing Challenges
AU: Wiessner, Siegfried
JN: European Journal of International Law
PD: 2011
VO: 22
NO: 1
PG: 121-140(20)
PB: Oxford University Press
IS: 0938-5428

Record 14.
TI: Towards a Jurisprudential Articulation of Indigenous Land Rights
AU: Pentassuglia, Gaetano
JN: European Journal of International Law
PD: 2011
VO: 22
NO: 1
PG: 165-202(38)
PB: Oxford University Press

Record 15.
TI: The Criminalization of Offences against Cultural Heritage in Times of Armed Conflict: The Quest for Consistency
AU: Frulli, Micaela
JN: European Journal of International Law
PD: 2011
VO: 22
NO: 1
PG: 203-217(15)
PB: Oxford University Press
IS: 0938-5428

Record 16.
TI: Re-envisaging the International Law of Internal Armed Conflict
AU: Sivakumaran, Sandesh
JN: European Journal of International Law
PD: 2011
VO: 22
NO: 1
PG: 219-264(46)
PB: Oxford University Press
IS: 0938-5428

Record 17.
TI: Re-envisaging the International Law of Internal Armed Conflict: A Reply to Sandesh Sivakumaran
AU: Blum, Gabriella
JN: European Journal of International Law
PD: 2011
VO: 22
NO: 1
PG: 265-271(7)
PB: Oxford University Press
IS: 0938-5428

Record 18.
TI: Re-envisaging the International Law of Internal Armed Conflict: A Rejoinder to Gabriella Blum
AU: Sivakumaran, Sandesh
JN: European Journal of International Law
PD: 2011
VO: 22
NO: 1
PG: 273-275(3)
PB: Oxford University Press
IS: 0938-5428

Record 19.
TI: Steven Wheatley. The Democratic Legitimacy of International Law
AU: Venzke, Ingo
JN: European Journal of International Law
PD: 2011
VO: 22
NO: 1
PG: 277-279(3)
PB: Oxford University Press
IS: 0938-5428

Record 20.
TI: Filippo Fontanelli, Giuseppe Martinico Paolo Carrozza (eds). Shaping Rule of Law Through Dialogue. International and Supranational Experiences
AU: Laukamp, Luis Castellv
JN: European Journal of International Law
PD: 2011
VO: 22
NO: 1
PG: 291-296(6)
PB: Oxford University Press
IS: 0938-5428

Record 21.
TI: The Consequences of Kadi: Where the Divergence of Opinion between EU and International Lawyers Lies?
AU: Vara, Juan Santos
JN: European Law Journal
PD: March 2011
VO: 17
NO: 2
PG: 252-274(23)
PB: Blackwell Publishing Ltd
IS: 1351-5993

Record 22.
TI: Multilateralism, bilateralism and unilateralism: a critical commentary on the EU’s triple-track approach to the international dimension of competition policy
AU: Davison, Leigh; Johnson, Debra
JN: European Business Review
PD: 1 February 2002
VO: 14
NO: 1
PG: 7-19(13)
PB: Emerald Group Publishing Limited
IS: 0955-534X

Record 23.
TI: International complications
AU: Seadle, Michael
JN: Library Hi Tech
PD: 1 September 1999
VO: 17
NO: 3
PG: 326-332(7)
PB: Emerald Group Publishing Limited
IS: 0737-8831


* Prepared by Donald K. Anton, The Australian National University College of Law, with the assistance of ANU College of Law students: Caitlin Powell & Kate Robinson.  This digest draws on independent research together with information gleaned from the RSS feeds of a host of international law publishers, law libraries, and blogs.

§ Information contained in the digest is current to 5.00 pm (local Canberra time) the day before issue.

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