Resources

Publications

2014 Volume 22:1 (Summer)

  • The Potentially Applicable Systems of Law in Commercial and Investment Arbitrations: A Comparative Perspective by Andrej Chvosta
  • Protecting Sea Lanes and Maritime Installations in the Western Indian Ocean Against Terrorism and Piracy: Beyond Atalanta by Stefan Kirchner
  • Private Conciliation of Discrimination Disputes: Confidentiality, Informalism, and Power by Katherine Lynch 
  • The Emergence of Multi-Track Diplomacy in International Dispute Resolution: The Treaty of Portsmouth and the Community that Made Peace Possible by Bradley Raboin
  • China and its Neighbors: Exasperating Territorial Disputes by Yuma Wei
  • Consumer Access to Justice: A Comparison of Consumer Class Action Litigation in the United States of America and the Republic of Chile by Carley Doyle
  • A Reasoned Proposition to a Perilous Problem: Creating a Government Agency to Remedy the Emphatic Failure of Notified Bodies in the Medical Device Industry by Baylie M. Fry
  • Procedural Due Process: The Distinctions Between America and Abroad by Ronald Ryan Smith

Selected Topics in International Law
2013 Volume 21:2 (Winter)

  • Labor Rights and Free Trade; Social Development Parallel to Economic Development by S.M. Hassan Razavi
  • China's New "Common Law"; Using China's Guilding Cases to Understand How to Do Business in the People's Republic of China by Jocelyn E. H. Limmer
  • The Prosecution of Sitting Heads of States by the International Criminal Court by Firew Tiba
  • The United Nations Convention on the Law of International Territoriality by Colin J. McMahon
  • International Regulations for Teleradiology Using GATS and WHO by Jason Spears
  • Torture: Does the Convention Against Torture Work to Actually Prevent Torture in Practice by States Party to the Convention? by Katharine E. Tate

The International Law of Migration and Treatment of Migrants in the U.S.
2013 Volume 21:2 (Winter)

  • 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
2013 Volume 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