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Understanding the Hard/Soft Distinction in International Law
Arnold Pronto is a Senior Legal Office at the United Nations Office of Legal Affairs and a Member of the Secretariat of the International...
Oct 30, 2015
Challenges for “Affected States” in Accepting International Disaster Aid: Lessons from Hurricane Kat
Elizabeth Katchka is Counselor to the Chief Counsel in the Office of Chief Counsel, FEMA. Her article discusses the International Law...
Oct 30, 2015


International Organizations and Customary International Law
2014 Jonathan J. Charney Distinguished Lecture in Public International Law Presented at Vanderbilt University Law School on November 4, 2014
Jun 16, 2015


Female Genital Mutilation and Designer Vaginas in Britain: Crafting an Effective Legal and Policy Fr
The prevalence of female genital mutilation (FGM) in Britain and Europe has grown in recent years as a result of international migration,...
Jun 16, 2015


Predictive Due Process and the International Criminal Court
The International Criminal Court (ICC) operates under a regime of complementarity: a domestic state prosecution of a defendant charged...
Jun 16, 2015


Explaining Inhumanity: The Use of Crime-Definition Experts at International Criminal Courts
International criminal courts must not only decide the guilt or innocence of defendants in immensely serious cases, but also make good...
Jun 16, 2015


What Do You Do When They Don’t Say “I Do”? Cross-Border Regulation for Alternative Spousal Relations
Marriage is a local arrangement with international effects. Throughout the Western world, a marriage recognized as valid by the parties’...
Jun 16, 2015


Functions of Freedom: Privacy, Autonomy, Dignity, and the Transnational Legal Process
What is the function of freedom for the transnational legal process? This Article answers this question through the lens of the ongoing...
Jun 16, 2015


Judges as Guardian Angels: The German Practice of Hints and Feedback
The German practice of Richterliche Hinweispflicht is a judicial duty to give hints and feedback. In a very proactive position, the...
Jun 16, 2015


Religious Rights in Historical, Theoretical, and International Context: Hobby Lobby as a Jurispruden
The United States has a long and complicated history concerning religious rights, and the U.S. Supreme Court’s recent decision in Burwell...
Jun 16, 2015


Human Trafficking and Labor Migration: The Dichotomous Law and Complex Realities of Filipina Enterta
This Article examines the complex legal situation of Filipina “entertainers” in U.S. military camp towns in South Korea: the individuals...
Jun 16, 2015


The Political Economy and Legal Regulation of Transnational Commercial Surrogate Labor
India’s commercial surrogacy business has been the focus of intense media scrutiny for the past decade. In that time, it has grown from a...
Mar 28, 2015


Alternate Judges as Sine Qua Nons for International Criminal Trials
When one of the three judges hearing the case against Vojislav Šešelj at the International Tribunal for the former Yugoslavia (ICTY) was...
Mar 28, 2015


Do Human Rights Treaties Help Asylum-Seekers?: Lessons from the United Kingdom
This Article analyzes the circumstances under which international human rights treaties have helped or hurt asylum-seekers in the United...
Mar 28, 2015


Reducing the Price of Peace: The Human Rights Responsibilities of Third-Party Facilitators
Peace agreements can bring about serious injustices. For example, they may establish oppressive regimes, provide for the transfer of...
Mar 28, 2015


Determining International Responsibility Under the New Extra-EU Investment Agreements: What Foreign
The EU’s newly acquired competence over foreign investment poses largely unprecedented legal challenges: the Union’s unique structure and...
Dec 20, 2014


Foreign Direct Investment in the United States and Canada: Fractured Neoliberalism and the Regulator
Although both Canada and the United States review foreign investment for national security concerns, Canada also requires that the...
Dec 20, 2014


The United Nations Watercourses Convention on the Dawn of Entry Into Force
The United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (Watercourses Convention) entered...
Dec 20, 2014


The Dehumanization of International Humanitarian Law: Legal, Ethical, and Political Implications of
In the future, a growing number of combat operations will be carried out by autonomous weapon systems (AWS). At the operational level,...
Dec 20, 2014


Multiple Nationality and Refugees
Full text PDF available here: Bauer Final (PDF) Persons with more than one nationality (“multiple nationals”) who flee persecution in...
Nov 27, 2014
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