Articles 21/23

RECENT PUBLICATIONS

Jul 10, 2012

Sovereignty Migrates in U.S. and Mexican Law: Transnational Influences in Plenary Power and Non-Int

Mexico and the United States exercise sovereignty that is increasingly transnational and less absolute with respect to migration. This...

Jul 6, 2012

The Responsibility for Post-Conflict Reforms: A Critical Assessment of Jus Post Bellum as a Legal Co

The increasing involvement of international actors in various forms of international missions set up to supervise reconstruction or...

Jul 6, 2012

Cyber-Apocalypse Now: Securing the Internet Against Cyberterrorism and Using Universal Jurisdiction

Cyberterrorism has become one of the most significant threats to the national and international security of the modern state, and...

Jul 6, 2012

Taking Prevention Seriously: Developing a Comprehensive Response to Child Trafficking and Sexual Exp

Millions of children are victims of trafficking and commercial sexual exploitation each year. Governments have responded with a range of...

Jul 6, 2012

Legal Techniques for Dealing with Scientific Uncertainty in Environmental Law

This Article analyzes how scientific uncertainty is handled in international environmental law. It identifies ten legal techniques used...

Jul 6, 2012

Civil Society and Democracy in Japan, Iran, Iraq and Beyond

This Article addresses the mystery of why some countries appear to become democracies seamlessly while others face insurmountable...

Jul 6, 2012

Superior Responsibility of Civilians for International Crimes Committed in Civilian Settings

This Article examines the notion of superior responsibility of civilians for international crimes committed in civilian settings. The...

Jul 6, 2012

The Responsibility to Protect and the Decline of Sovereignty: Free Speech Protection Under Internati

State sovereignty has long held a revered post in international law, but it received a blow in the aftermath of World War II, when the...

Jul 6, 2012

A Global Water Apartheid: From Revelation to Resolution

It is well settled in international human rights law that a human right to water exists. Nevertheless, to date, there has been little...

Jul 6, 2012

A Foothold for Real Democracy in Eastern Europe: How Instituting Jury Trials in Ukraine Can Bring A

Ukraine has never had a criminal or civil jury trial despite the fact that the right to a criminal jury trial is guaranteed by Ukraine’s...

Jul 6, 2012

Judicial Review under a British War Powers Act

This Article considers how U.K. courts might exercise review under a hypothetical British “war powers act,” in the event that the current...

Jul 6, 2012

The Object and Purpose of a Treaty: Three Interpretive Methods

This Article examines the three most prominent uses of the term “object and purpose” within the Vienna Convention on the Law of Treaties...

Jul 5, 2012

Did Trinko Really Kill Antitrust Price Squeeze Claims? A Critical Approach to the Linkline Decision

This Article presents a critical analysis of the Linkline case that refuses to recognize price squeeze claims as antitrust claims under...

Jul 5, 2012

Civilians in Cyberwarfare: Conscripts

Civilian-owned and -operated entities will almost certainly be a target in cyberwarfare because cyberattackers are likely to be more...

Jul 5, 2012

In Defense of Transnational Domestic Labor Regulation

Transnational domestic labor regulation (TDLR) is unilateral regulation introduced by a government to influence labor practices in...

Jul 5, 2012

Panacea or Pathetic Fallacy? The Swiss Ban on Minarets

On November 29, 2009, Swiss voters adopted a ballot initiative introducing a constitutional ban on the construction of minarets. This...

Jul 5, 2012

One New President, One New Patriarch, and a Generous Disregard for the Constitution: A Recipe for t

The government of Russia and the Russian Orthodox Church (ROC)—the country’s predominant religious group—recently underwent back-to-back...

Jul 5, 2012

Deconstructing Transnationalism: Conceptualizing Metanationalism as a Putative Model of Evolving Jur

This Article builds upon Philip C. Jessup’s revolutionary scholarship to pave new pathways for interdisciplinary research and expand the...

Jul 5, 2012

Catfish, Shrimp, and the WTO: Vietnam Loses Its Innocence

This Article explores the advantages that WTO membership brings to Vietnam in connection with antidumping disputes. In particular, this...

Jul 5, 2012

Refugee Credibility Assessment and the “Religious Imposter” Problem: A Case Study of Eritrean Pente

Credibility assessment in refugee status determination (RSD) poses unique challenges when the outcome of asylum applications turns on the...