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
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THE RIGHTS OF THE EMBRYO AND THE FOETUS UNDER DUTCH Veelke derckx and Ewoud Hondius IV C3 Introduction In June 2001 the Dutch abortion ship belonging to the pressure group Women On Waves set sail for Ireland. The intention was to carry out abortions off the Irish coast. During the same(Northern Hem isphere)summer there were heated discussions taking place in many countries concerning the status of the em bryo and f gametes(reproductive cells). As a result President Bush decided to finance
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The question of whether a govemment can go bankrupt in the Netherlands is not a new one. The Supreme Court, for example, was asked as early as 1922 whether a municipality(in this case, Wormerveer)could be decared bankrupt. Through the appeal in cassation, the court did not reach a principled verdict in this matter. Ever since, it has remained a vexed question that regularly kept rearing its head, both in the literature and in case-law. There were
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Collective labour relations: the institutional context Collective labour relations are shaped by the interaction between the unions. employers'assocations and the govemment. In the Netherlands most unions are
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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
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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
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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
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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
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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
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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
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