AMERICAN JUDGES AND INTERNATIONAL LAW Introduction I. The Nature of Customary International Law II. The Traditional American Approach to Customary International Law IlL. Current American Approaches to Determining the Content of Customary International law A. The Concept of Jus Cogens

THE ROLE OF RECIPROCITY IN INTERNATIONAL LAW Francesco Parisi and Nita ghei INTRODUCTION contented with so much liberty against other men as he would allow other men against himsel/'6 [A] man be willing, when others are too, as far forth for peace and defense of himself, The concept of reciprocity assumes

The role of private international law in the united states Beating the not-Quite-Dead Horse of jurisdiction Kevin m clermont Territorial authority to adjudicate is the preeminent component of private international law. Empiricalresearch proves that forum really affects outcome, probably by multiple influences. This practical effect makes international harmonization of jurisdictional law highly desirable. Although harmonization of nonjurisdictional law remains quite unlikely, jurisdictional harmonization is

Abstract This Article examines international law from the perspective of compliance Using insights from international relations theory, the article adopts a theory in which compliance comes about in a model of rational, self-interested states. Specifically, states are concerned about both reputational and direc t sanctions tor their conduct

Is International Law Impartial? Steven R. Ratner The last decade has seen a resurgence of interest among philosophers in the core questions of ethics and justice on the international plane. Issues once discussed primarily in the response to the major global debates of the 1960s and 1970s-the vietnam War and

The Economics of Public International Law Alan O. Sykes\ Abstract: This paper is a preliminary draft for eventual inclusion in the Handbook of Law and Economics, A. Mitchell Polinsky Steven Shavell editors. It reviews and synthesizes the work of economists and law and economics scholars in the field of public international law. The bulk of that work has been in the area of international trade, but many of the ideas in the trade literature have implications for other subfields

The Uses of History in Law and economics Ron harris During the last quarter of the twentieth century, the humanities and social sciences have turned toward history something that culminated in the 1990s, and this phenomenon was evident in law as well. However until recently law and economics, the most infuential post-World War

KEEPING LEGAL HISTORY MEANINGFUL Richard H. pildes For nearly a generation after the end of reconstruction, conventionally identified as the 1876 disputed Presidential election and subsequent withdrawal of federal troops from the South black Americans' political participation remained surprisingly robust. Even in the 1890s, half of black men continued to vote in key gubernatorial races in Southern states

“现代化冲击下的世界”丛书总序 以西方眼光衡量,中国人常被认为过份倚赖与尊重群体 另一方面,中华民族作为一个整体,却又十分自足,即使受 到外界极大刺激或面对种种炫惑,也往往无动于中。从中国 近代学术史的发展趋向来观察,这种看法似乎是不无道理的 在上一个世纪,讲求西学的前驱如魏源、王韬、郑观应等犹 如空谷足音,响应乏人,固不待言

Beyond Preemption: The Law and Policy of Intellectual Property Licensing Mark A. Lemleylt Table of Contents Introduction ion Retween article and Int I. The Tension Between Article 2B and Intellectual Property A. Article 2B's Expansion of the Scope and Power of Contractsintellectu B. Potential Conflicts with Intellectual Property Law