Resources

Publications

The International Law of Migration and Treatment of Migrants in the U.S.

  • The International Law of Migration Within the United States Constitutional Framework by James A. R. Nafziger
  • Intercepting Migrants at Sea: Differing Views of the U.S. Supreme Court and the European Court of Human Rights by Michael B. Wise
  • Giving Voice to Unaccompanied Children in Removal Proceedings by W. Warren H. Binford
  • Immigration Reform: The Applicability of a Point Based Immigration System in the United States by McKenzie Harker

Bridging Governments: The Role of International Law in State Government
20:1-2 (Winter)

  • Customary International Law in State Courts: A State Court Perspective by Hon. Jack L. Landau
  • International Law in State Courts: Sovereignty, Resistance, Contagion, and Inevitability by John T. Parry
  • The States Take On (Take In) International Law by Peter J. Spiro
  • I Can See Russia From Here: The Alaska Statehouse and International Law by Bruce M. Botelho
  • Sharks on the Precipice of Extinction: A Proposal for National and International Management of Sharks by Christopher R. Funk

Living Law: Modern Constitutionalism and its Effect on Emerging and Dynamic Democracies
2012 Volume 20:1-2 (Winter)

  • Latin American Constitutionalism: An Overview by Robert S. Barker
  • Stay Out of the Cookie Jar: Revisiting Martinez to Explain Why the U.S. Should Keep its Hands out of Tribal Constitutionalism and Internal Self-Governance by Hayley Weedn

Living Law: Modern Constitutionalism and its Effect on Emerging and Dynamic Democracies
2012 Volume 20:1 (Summer)

  • Statements of (Little) Interest: The Limited Impact of U.S. State Department Submissions in Alien Tort Statute Corporate Human Rights Cases by Kevin L. Cope
  • Latin American Constitutionalism: An Overview by Robert S. Barker
  • Stay Out of the Cookie Jar: Revisiting Martinez to Explain Why the U.S. Should Keep its Hands out of Tribal Constitutionalism and Internal Self-Governance by Hayley Weedn

Lawyering for Humanity: The Role of International NGOs
2011 Volume 19:2 (Winter)

  • The Role of International NGOs: An Introduction by Barbara K. Woodward
  • Moving Beyond International Non-Governmental Organizations’ Accountability: Promoting International Human Rights-Based Review of INGOs’ Performance by Anastasia Telesetsky
  • The Contribution of Non-Governmental Organizations in Strengthening and Shaping International Human Rights Law: The Successful Drives to Ban Landmines and to Create an International Criminal Court by Ved P. Nanda
  • Making a Difference: The Role of International NGOs in the Evolution of International Human Rights and Humanitarian Law (HRHL) by Russy D. Sumariwalla
  • Request for Congressional Action to Protect Delivery of Humanitarian Aid Intended to Relieve Human Suffering in Famine Stricken Somalia by Jeremiah Centrella and Matthew Trick
  • International  Commercial Arbitration in China: Issues Surrounding the Resolution of International Commercial Disputes Through Chinese Arbitration by Rick Stockmann

 

Developments in International Water Law Part II
2011 Volume 19:1 (Summer)

  • Implementing the Human Right to Water in Europe: Lessons from French and British Experiences by Marie Tsanga Tabi
  • Troubling the Waters: Tribal Struggles for Inclusion and Enforcement Within State Water Allocation Systems by Annie Kellough
  • The Human Right to Water: Proposal for a Human Rights-Based Prioritization Approach by Brett Hartley and Heather J. Van Meter
  • Implementation of the Human Right to Water: Comparative Approaches by Francine Rochford
  • The Struggle for a Right to Water as a Human Right: ‘No More Deaths’ and the Limits of Legality in the Ninth Circuit Decision of United States v. Millis by Gary Minda
  • Wave Energy Regulation: Today and Tomorrow by Joseph W. Lucas

Peoples and Governments: Issues Of Status In Comparative And International Law
2010 Volume 18:2 (Winter)

  • The Three Waves of The Constitutionalism-Democracy Debate in the U.S. (and an Invitation to Return to the First) by Joel I. Colón-Ríos
  • So Close, Yet So Far Away: A Comparative Analysis of Indian Status in Canada and the United States by Brian L. Lewis
  • A Comparative Analysis of Nondiscrimination in Multilateral Agreements: North American Free Trade Agreement (NAFTA), Energy Charter Treaty (ECT), and General Agreement on Tariffs and Trade (GATT) by Candice A. Wyllie
  • Can Havruta Style Learning Be a Best Practice in Law School? By Barbara Pinkerton Blumenfeld

Developments in International Water Law Part I
2010 Volume 18:1 (Summer)

  • Entitlement, Water Resources, and the Common Good by Jennie L. Bricker
  • Why Access to Water was Never a “Right”: Historical Perspectives on American Water Law by Paul Finkelman
  • Customary Practice and Community Governance in Implementing the Human Right to Water – the Case of the Acequia Communities of Colorado’s Rio Culebra Watershed by Gregory A. Hicks and Devon G. Peña
  • The Justiciability of Water Rights: Mazibuko v. City of Johannesburg by Lucy A. Williams
  • Let Them Eat Cake: Constitutional Rights to Food by Jesse Burgess

Taxation in an Era of Globalization
2009 Volume 17:2 (Winter)

  • Basic Introduction to Tax Treaties by Carlos Perez-Gautrin
  • Your Own Personal Tax Law: Dispute Resolution under the OECD Model Tax Convention by Allison Christians
  • A Pass-Through Approach to International Taxation: An Alternative to Deferral and Avoidance in Practice and Policy by Joel D. Kuntz
  • Concluding Comments From the Host State by Henry C. Breithaupt
  • CFIUS and Congress Reconsidered: Fire Alarms, Police Patrols, and a New Oversight Regime by Matthew C. Sullivan

International Law Weekend 2009 Part II
2009 Volume 17:1 (Summer)

  • Understanding the Limitations On Invoking the Courts-Martial Option for Trying Captured Terrorists by Geoffrey S. Corn
  • After Sosa: The Future of Customary International Law in the United States by William S. Dodge
  • United Parcel Service, Inc., v Government of Canada: An Example of a Trend in the Arbitration of NAFTA-Related Investment Disputes by James A.R. Nafziger and Angela N. Wanak
  • Prosecuting Core Crimes in the United States: Recent Changes and Prospects for 2010 by Naomi Roht-Arriaza
  • NAFTA at 15 Years by Milos Barutciski

International Law Weekend 2009 Part I
2009 Volume 16:2 (Winter)

  • Introduction Issue by James A.R. Nafziger
  • Introduction to Panel on World Peace Through Human Rights, Law of the Sea, and the United Nations: A Tribute to Louis B. Sohn by James A.R. Nafziger
  • Louis B. Sohn and the Law of the Sea by John E. Noyes
  • World Peace Through Human Rights, the Law of the Sea, and the United Nations: A Tribute to Louis B. Sohn by Ivan Shearer
  • Legacies of Louis B. Sohn: The United Nations Charter and International Environmental Law by Edith Brown Weiss
  • Bringing International Law to Bear on the Detention of Refugees in the United States by Gwynne Skinner
  • Empirical Approaches to International Law: The international Laws of War as reflected in 500 Years of Multilateral Treaty-Making by John King Gamble & Daniel P. Hido
  • Developing Empirical Methodologies to Study Law of War Violations by Victor M. Hansen
  • Grotius and the Freedom of the Seas on the Seventeenth Century by Edward Gordon
  • The American Law Institute Goes Global: The Restatement Of International Commercial Arbitration by George A. Bermann
  • Empirical Approaches to the International Law of War - Moderator: Aaron Fellmeth; Panelists: John King Gamble, Victor M. Hansen, Richard Jackson & Douglas J. Sylvester

International Childrens' Rights
2008 Volume 16:1 (Summer)

  • Tokenism Versus Genuine Participation: Children's Parliaments and the Right of the Child to be Heard Under International Law by Aisling Parkes
  • School Lessons in War: Children at Tuol Sleng & The Rise of International Protections for Children in War by W. Warren H. Binford
  • The Right for Disabled Children to Access the Natural Environment: A Law and Policy Critique by Nadia R. von Benzon, Karen Makuch & Zen Makuch
  • Educating Girls in Africa: A Case Study of a Nonprofit Organization Working to Ensure the International Human Right to Education by Angela Wanak
  • Corporate Human Rights Obligations at the International Level by Jernej Letnar Cernic

New Frontiers of International Law: Recent Lectures
2007 Volume 15:2 (Winter)

  • Privatization of Civil Justice by Peter L. Murray
  • Tribal Sovereignty in Alaska by Bruce Botelho
  • Marine Policy: Europe and Beyond by Juan L. Suarez De Vivero
  • Migration and Development: Towards Sustainable Solutions by Philip Martin
  • Recent Trends in the Smuggling of Chinese into the United States by Jason Blatt
 

Current Issues in Chinese Law
2007 Volume 15:1 (Summer)

  • Globalization with Chinese Characteristics: China's Use of Merger, Acquisition and Investment Policy in its Economic Development Strategy by John Matheson
  • Overturning a Final Judgment Tainted by Fraud: A Comparison Between Mainland China and Hong Kong by Jie Huang
  • Modern Chinese Constitutionalism: Reflections of Economic Change by George Finch
  • The Situation and New Legislation of China Labor Dispute by Yujuan Zhai & Han Li
 

Cultural Heritage: Dispute Resolution Avoidance
2006 Volume 14:2 (Winter)

  • Revolving Material Culture Disputes: Human Rights, Property Rights and Crimes Against Humanity by Robert K. Paterson
  • The Protection and Repatriation of Indigenous Cultural Heritage in the United States by James A.R. Nafziger
  • Using UNIDROIT to Avoid Cultural Heritage Disputes: Limitation Periods by Patrick O'Keefe
  • Avoidance and Resolution of Cultural Heritage Disputes: Recovery of Art Looted During the Holocaust by Lawrence M. Kaye
 

Frontiers in International Human Rights Law & Summer 2006 Student Writing Competition Selection
2006 Volume 14:1 (Summer)

  • The Alien Tort Statute and the Torture Victims' Protections Act: Jurisdictional Foundations and Procedural Obstacles by Eric Engle
  • Burning The Barn To Roast The Pig? Proportionality Concerns in the War on Terror and the Damadola Incident by Saad Gul & Katherine M. Royal
  • The Limits of Queer Theory in LGBT Litigation and the International Human Rights Discourse by Sami Zeidan
  • The Right to a Healthy Environment: Core Obligations Under the International Covenant of Economic, Social and Cultural Right by Melissa Fung
  • Universalism and Cultural Relativism in Roper v. Simmons by Robert Sinnott
 

Borders and Boundaries in International Law
2005 Volume 13:2 (Winter)

  • Building Walls and Burning Bridges: Legal Obligations of the United States with Respect to Israel's Construction of the Wall of Separation In Occupied Palestinian Territory by Zaha Hassan
  • Cross-Border Water Conflicts in Mesopotamia: An Analysis According to International Law by Murat Metin Hakki
  • Sometimes the Postman Doesn't Ring at all: Serving Process by Mail to a Post Office Box Abroad by Yvonne A. Tamayo
  • Compensation for Agent Orange Damage in Vietnam by Lisa C. Toohey
  • Paradiplomatic Maneuvers on the Longest Undefended Border: National and Subnational Fire Protection Agreements Between Canada and the United States by R. Bruce Sackinger

International Law and Religion
2005 Volume 13:1 (Summer)

  • Survival or Extinction? Animistic Dispute resolution in the Sultanate of Brunei by Ann Black
  • Federal Funding to Faith-based Organizations: unconstitutional, Wherever the Spirit Moves Them by Charles L. Butler, III
  • How Wide the Margin of Appreciation? The Turkish Headscarf Case, the Strasbourg Court, and Secularist Tolerance by Natan Lerner
  • Rook Review: Regulating Religion -- Case Studies From Around the Globe by Peter Cumper
  • Arbitration As a Bridge to Global Markets in Transitional Economies: The Republic of China by Lucy V. Katz
  • Alvarez-Machain v. United States and Alvarez-Machain v. Sosa: The Brooding Omnipresence of Natural Law by Eric Engle

Conflicts of Law
2004 Volume 12:2 (Winter)

  • Oregon's Project to Codify Conflicts Law Applicable to Torts by James A.R. Nafziger
  • Infinite Combinations: Whether the Duty of Competency Requires Lawyers to Include Choice of Law Clauses in Contracts They Draft for their Clients by David Hricik
  • Whither Choice of Law? a Look at Canada and Australia by Joost Blom
  • Judicial Globalization and Avoidance of Conflict: a Look at International Contract Litigation by Hannah L. Buxbaum
  • Journey to the West: a Comparative Analysis of China's 2003 Proposed, WTO Complaint, Franchise Rules by Robert P. Zarkos
  • The Reality of International Adjudication and Arbitration by Judge Stephen W. Schwebel

Biotechnology
2004 Volume 12:1 (Summer)

  • Biotechnology Policy: Global Economic and Legal Issues by Neil E. Harl
  • Apomixis for Crop Production: Status of Technology Development and Commercialization Implications by John G. Carman
  • The Power of Biotechnology to Impel Change in the Grain and Oilseeds Markets by Eluned Jones and Stephanie Mercier
  • New Wine in Old Wineskins: Thinking About Structural Barriers to an Effective Intentional Legal Approach to Terrorism by Nels S.D. Peterson
  • The Terrorism Era: Should the International Community Redefine its Legal Standards on Use of Force in Self-Defense? by Erin L. Guruli
  • Child Soldiers: No Longer a Minor Incident by Ann Davison
  • Compensating Victims under the "Terrorism-Exception" of the Foreign Sovereign Immunities Act: a State-Sponsored Victim's Compensation Fund by Kelly A. Atherton

Vienna Convention on Consular Relations
2003 Volume 11

  • Violations of the Vienna Convention on Consular Relations: Time for Remedies by Valerie Epps
  • The Law of State Responsibility and the Right to Consular Access by John Quigley
  • The Vienna Convention on Consular Relations: An Oregon Law Enforcement Perspective by Peter Shepherd
  • International Law, Extraterritorial Abductions and the Exercise of Criminal Jurisdiction in the United States by Julie Philippe and Laurent Tristan
  • Judicial Reform in Russia: Russia Looks to the Past to Create a New Adversarial System of Criminal Justice by Justice Paul J. De Muniz
  • Terrorism: The Known Element No One Can Define by Gabriel Soll

Comparative Dispute Resolution
2002 Volume 10

  • The Fiftieth Anniversary Meeting of the American Society of Comparative Law by Symeon C. Symeonides
  • The American Society of Comparative Law: The Early Days by Arthur T. von Mehren
  • Comparative Dispute Resolution: a New Look by James A.R. Nafziger
  • Institutionalized Settlement in England: a Contemporary Panorama by Simon Roberts
  • A Wide-Angle on Dispute Management by Laura Nader
  • Ancient Greek Approaches Toward Alternative Dispute Resolution by Kaja Harter-Uibopuu
  • Multiculturalism, Pluralism, and Pragmatism: Political Gridlock or Theoretical Impasse? by Isaak Dore, Michael T. Carper
  • Cross-Cultural Dispute Resolution: The Consequences of Conflicting Interpretations of Norms by Alison Dundes Renteln
  • Mediation in Mexico by Leonel Pereznieto Castro
  • Litigation in Japan: a New Look at Old Problems by John O. Haley
  • The Serviceable Texts of International Commercial Arbitration: An Embarrassment of Riches by Jack J. Coe, Jr.
  • The Art of War and East Asian Negotiation Styles by John Chu
  • What Makes a Lawyer in China? Chinese Legal Education System After China's Entry into the WTO by Lingyun Gao

The Twenty-Fifth Anniversary of the Foreign Sovereign Immunities Act
2001 Volume 9

  • Removal From State Court Under The FSIA: Escape Hatch Or Booby Trap? by Charles H. Brower, II
  • The Tate Letter Revisited by Ruth Donner
  • The Commercial Activity Exception Under The FSIA, Personhood Under The Fifth Amendment and Jurisdiction Over Foreign States: a Partial Roadmap For The Supreme Court In The New Millennium by Stephen J. Leacock
  • Refining The Foreign Sovereign Immunities Act by Joseph W. Dellapenna
  • European Convention On State Immunityand Other International Aspects of Sovereign Immunity by Reinhard Von Hennigs

Transnational Dispute Resolution
2000 Volume 8

  • Introduction by James A.R. Nafziger
  • Courtroom With a View: Building Judicial Independence With Public Participation by Shirley S. Abrahamson
  • Resisting The Pressures of "Americanization": The Influence of European Community Law On The "European Sport Model" by Stephen Weatherill
  • A New Pandora's Box? Private Remedies For Foreign Investors Under The North American Free Trade Agreement by Robert K. Paterson
  • Arbitration Decision: Robert Azinian and Others V. United Mexican States
  • Arbitration Decision: In The Matter of An Arbitration Under Chapter Eleven of The North American Free Trade Agreement Between Pope & Talbot, Inc. and The Government of Canada
  • Postscript: a New Pandora's Box? Private Remedies For Foreign Investors Under The North American Free Trade Agreement by Robert K. Paterson

The Impact of E-Commerce on the Laws of Nations
2000 Volume 7

  • Foreword by Vincent Chiappetta
  • The U.S. Privacy Balance and The European Privacy Directive: Reflections On The United States Privacy Policy by Julia Gladstone
  • Negotiating a Domain Name Dispute: Problem Solving V. Competitive Approaches by Kevin Cheatham
  • Foreign Infringement of Business Method Patents by Timothy F. Myers
  • State Taxation of The Internet: a Review of Some Issues by George B. Delta
  • The Code of Electronic Commerce
  • Electronic Commerce Platform Nederland

Symposium: Current Issues in Conserving and Managing North Pacific Fisheries
1998 Volume 6

  • The New Internationalization of North Pacific Fisheries by Jon L. Jacobson
  • Recent Decisions On International Fisheries Governance by William T. Burke
  • Collaborative Approaches To Pacific Northwest Fisheries Management: The Salmon Experience by Susan L. Smith
  • Reinvigorating The Pacific Salmon Treaty Through Collaborative Dispute Resolution by Bruce Botelho
  • A Canadian View of The Canada-United States Pacific Salmon Treaty: The International Legal Content (I) by Ted L. Mcdorman
  • A Canadian View of The Canada-United States Pacific Salmon Agreement: a Positive Turning Point? (II) by Ted L. Mcdorman
  • The Pacific Salmon Treaty: The Washington Department of Fish and Wildlife Perspective by Bruce A. Crawford
  • International Law and The Pacific Salmon Treaty: An Alaska Perspective by Michael A.D. Stanley
  • Tribal Sovereignty and The Endangered Species Act by Jami K. Elison
  • The 1999 John C. Paulus Lecture: Immigrants, Minorities, and Pluralism: What Kind of Society Do We Really Want? by Stephen H. Legomsky

Symposium: European Security on the Threshold of the 21st Century: Current Developments and Future Challenges
1997 Volume 5

  • Balancing Justice, Expediency, and Legal Certainty: The Free Movement of Goods In The European Union by Eric F. Hinton
  • Russian Security Interests and The Cis by John P. Willerton
  • The Legal Impact of Improved Relations Between Nato, Russia and The Ukraine by Christopher J. Eggert
  • The Human Rights Era At Fifty: Looking Back and Looking Forward by Ved P. Nanda
  • Judicial Interpretation In China by Li Wei
  • Judicial Review and Political Stability In Post-Communist Europe: Radical Politicians and Free Speech In The Czech Republic by Stephen W. Bucher

Symposium: New Patterns of Investment Law in the Global Community
1996 Volume 4

  • A Comparative Approach To Securitization In The United States, Japan, Germany, and France by Rafael Diaz-Granados
  • Management of Legal Risks In International Agreements by Michael Gruson
  • The Albanian Law On Investment Funds by Agron Alibali Comments
  • The Destruction of Cultural Property In The Former Yugoslavia As a War Crime by Lauren Walsh
  • Turning The Lens Inward: Focusing On International Human Rights Issues In Burma by Robert Joseph Burke, Jr.

China Symposium
1995 Volume 3

  • Forward: From The Year of The Rat by James A.R. Nafziger
  • When East Meets West: Understanding Contract Laws and Remedies In The People's Republic of China by Jerry J. Burgdoerfer and Susan Lee K. Seah
  • Cultural Property In China: The Market, The Law, and The Reality by J. David Murphy
  • Resolving The Question of Sovereignty Over The Spratly Islands by Brinton Scott
  • U.S. Foreign Policy and The World of Islam by Douglas W. Simon
  • Norway, The International Whaling Moratorium, and Sustainable Use: a Modern Environmental Policy Conundrum by Gregory D. Fullem
  • Cross-Cultural Issues In International Commercial Arbitration by Timothy B. Cash

WBILP Volume 2
1994 Volume 2

  • International Labour Organisation Convention Number 169: Celebrate The Differences by James W. Colborn
  • A Survey of Foreign Investment Incentives In The People's Republic of China by Stella J. Edens
  • The 1994 Phillip C. Jessup International Law Moot Court Competition: Case Concerning The Granting of Refugee Status In The International Court of Justice by Freedonia V. Balboa, Brinton M. Scott and Richard P. Mortorff

Symposium: Current Issues in Conserving and Managing North Pacific Fisheries
1993 Volume 1

  • Foreword by Robert Misner
  • Introduction by James A. R. Nafziger
  • Risking Our Future: The Unjustified Controversy Over International Family Planning-A Historical Perspective by Senator Bob Packwood
  • The Implantation of Foreign Legal Systems and Legal Culture In Japan by Satoshi Miyajima
  • The U.S. and Japan In The Post-Cold War Era by Tasuku Asano
  • Prosecutorial Immunity In Criminal Proceedings In Japan: a Comparative Study by Yasutoshi Tamura
  • The Conservation/Free Trade Debate Resurfaces: The Uncertain Intersection of The 1992 Driftnet Fisheries Avt and Gatt by Paul Stanton Kibel
  • Enforcing Foreign Civil Judgments In Japan