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David Aaronson
Prepared in 2012 for members of the Maryland State General Assembly
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Kenneth Anderson
This 3000 word essay is a chapter in a book on globalization aimed at undergraduates, answering certain globalization questions in short yes/no chapters. Under certain circumstances international NGOs, when they treat themselves as "global civil society," make claims about representativeness and intermediation with respect to the "peoples of the world" in relation to international organizations and the international community. This short, simplified account of global civil society expresses considerable skepticism about such claims.
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Kenneth Anderson
The following is a sample chapter from a book on US-UN relations, "Living with the UN." The book offers an analysis of policies available to the United States in its dealings with the United Nations, and offers "heuristics" of engagement to guide US dealings with different parts and functions of the UN. These policy rules of thumb are framed around a larger (mostly sharply critical, particularly in this chapter) analysis of "multilateral engagement" that is presented earlier in the book and which is a combination of analysis specific to US-UN relations and to US foreign policy generally. This book breaks US-UN relations down by function, and argues that whether to engage, and the form of engagement, depends upon particular UN functions. "Living with the UN" thus has chapters addressing the main UN activities - security, development, and values (particularly human rights). This sample chapter (chapter 7) addresses what the book calls the "UN-of-Values," with particular emphasis on human rights and the main body of UN activity around human rights, the Human Rights Council. As the chapter's subtitle says, the fundamental US attitude toward the HRC ought to be to disengage and, indeed, obstruct; it argues that the Obama administration's signature effort to engage with the HRC has been a profound mistake. This argument is set at a "strategic" level, however. Rather than framing this policy around particular incidents in which US engagement with the HRC has been a mistake, this chapter offers instead a strategic and long-run policy vision that emphasizes the larger evolution of human rights as the "apex" value of the United Nations since the 1990s and even earlier. The larger aim of the chapter, while critiquing the Obama administration's mistaken engagement with the HRC, is to show the general trajectory of UN "values" and the actors that "own" them, from organs of the UN to "global civil society." The UN and associated international community is headed, the chapter asserts, toward an ever-more-accommodating canon of human rights, on the one hand, rights to fit all "progressive" social agendas, while simultaneously ideologically underwriting the group identity agendas of "global religious communalism," at the expense of individual rights, on the other. Progressive liberal internationalism, at the UN's values forums, and quite apart from the well-understood, on-going phenomenon of the worst actors capturing the UN's values forums, is being gradually transformed into something like "multicultural internationalism." The Obama administration, through its desire to find compromises especially on issues of free expression in UN forums, abets that process. Meanwhile, the current weaknesses exhibited by the United States suggests that the universalism of the human rights movement shelters, ironically, under the loose hegemony of the United States as the leading democratic sovereign, and if that hegemony weakens in favor of a multipolar world, human rights universalism is the loser, not the winner. (This chapter is available as an open-source sample from the book. The book itself is a brief, high-altitude policy essay, deliberately lightly footnoted and using secondary sources generally available to general readers, rather than a dense academic monograph. The Hoover Institution Press has made the book available through Amazon and other online sellers at a reduced price - $10-13, to make it inexpensive for course adoptions in international law and organizations, international relations, and political science, possibly as a "contrarian" critique of the usual views of human rights, current US views of multilateral engagement, and the UN.)
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Kenneth Anderson
This article criticizes a widely asserted claim that drones make the resort to force and violence — war — “too easy.” Attractive on the surface to many, this article says that “too easy” is not a coherent notion as applied in war. The “too easy” argument comes in two forms, a moral argument and a maximization of social welfare argument. The maximization of social welfare version (on which the article focuses) frames “too easy” as a matter of creating an “inefficient” level of disincentive to use of force on account of insufficient risks to one’s own forces in so doing — appealing deliberately to the apparatus of welfare-maximization and cost-benefit analysis.
The general form of “too easy” argument is one that applies, however, with respect to any form of the reduction of risk on the battlefield — including in principle not just reduction of risk to one's own forces through remote weapon platforms such as drones, but also reduction of risk to civilians on the battlefield through precision technologies and the reduced risk to civilians arising from not having soldiers seeking to protect themselves in battle. Thus, the general form of the social welfare argument — rarely noted or understood by those making it — is that greater efficiency (i.e., reduction of battlefield harms, whether for your own forces or for civilians) in the conduct of hostilities, the “jus in bello,” might result in greater inefficiency in the disincentives to resort to force, the “jus ad bellum.” Efficiency jus in bello might imply less efficiency jus ad bellum.
That there is an “inefficient” level of incentive to resort to force presumes, however, that there is in principle an “efficient” one. The article argues that this is conceptually incoherent and (mis)applies the law and economics of social welfare maximization to a sphere of activity upon which it has little or no purchase. “Easier” resort to force is not the same as “too easy.”
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Jonathan Baker and David Reitman
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Daniel Bradlow
The thesis of this chapter is that, despite all the governance changes that the IFIs have undergone, they still do not have adequate governance arrangements and will need to undergo further reform if they are to perform their mandates effectively. In order to establish this thesis, this chapter is divided into four parts. First, it describes the reforms the IFIs have agreed to and have implemented. Second, it sets out some benchmarks against which these governance reforms can be measured. Third, it assesses the adequacy of the reforms undertaken based on the benchmarks identified in the second section. The final section is a conclusion.
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Janie Chuang and Anne T. Gallagher
This chapter explores the main efforts to produce compliance-focused indicators that can help improve international treaties against human trafficking. It shows that the power held by the US State Department (the organization that tried to pursue such indicators) is used unilaterally, and that this unilateralism can overcome a collective action problem. It then examines other functions of unilateralism, and shows that the indicators for human trafficking created by the US State Department are produced using criteria set by the US legislation.
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Susan D. Franck
In late 2008, as financial markets were crashing, the Vale Columbia Center on Sustainable International Investment launched the Columbia FDI Perspectives. The first Perspective, entitled “The FDI recession has begun,” correctly forecast an FDI recession in the following year. From that first Perspective in late 2008 to the end of 2010, the series published thirty-three concise notes on topical FDI-related issues by diverse experts in the field. The purpose of these Perspectives is to inform readers about some of the important issues and trends in the contemporary debate on FDI, and to promote a wide-ranging discussion about the policy implications of these trends and events. The topics of these Perspectives, while not an exhaustive list of the issues raised by the global investment regime, capture a dynamic period in the global debate on international investment and reflect many hot topics and issues of continuing relevance in 2009-2010. Topics ranged from the implications of the financial crisis and recession for major economies, to the changing geography of the international investment regime and policy questions faced by emerging markets; from the implications of sovereign investment for national security and measures taken to restrict such investment, to policy options for countries seeking to increase inward investment flows and trying to stay competitive in a downward market; from investment in land and agriculture, to investment in extractive industries – raising important questions both for national policy and for the international investment regime. The range of topics reflects the multifaceted, interdisciplinary and rapidly evolving nature of key issues in international investment. This compilation of the Perspectives offers snapshots of some of the most topical issues of 2009-2010 and an opportunity to connect the dots, drawing out the interconnections among the various themes addressed in the stand-alone Perspectives. It is the collection of these issues and policy considerations that, woven together, forms the changing fabric of the international investment regime. By putting these pieces together in one volume, this e-book allows a clearer picture to emerge.
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Susan Franck, Karl P. Sauvant, Jennifer Reimer, Todd Allee, Ilan Alon, Alice H. Amsden, Tadahiro Asami, Reuven S. Avi-Yonah, Paul Barbour, Christian Bellak, Axel Berger, Sjoerd Beugelsdijk, Subrata Bhattacharjee, Harry G. Broadman, Elizabeth Broomfield, Gert Bruche, Matthias Busse, John A. Cantwell, Aleh Cherp, Lorenzo Cotula, Nandita Dasgupta, Kenneth Davies, Alexandre de Gramont, Armand Claude de Mestral, Kabir Duggal, Persephone Economou, John Evans, David N. Fagan, Mark Feldman, Hermann Ferré, Daniel M. Firger, Veljko Fotak, Kevin P. Gallagher, Nilgun Gokgur, Kathryn Gordon, Jose Guimon, Thilo Hanemann, Torfinn Harding, Jean-François Hennart, Seev Hirsch, Wing (Xiaoying) Huo, Beata Smarzynska Javorcik, Nathan M. Jensen, Lise Johnson, Thomas Jost, George Kahale III, Kalman Kalotay, Laza Kekic, John M. Kline, Charles Kovacs, Jürgen Kurtz, Jo En Low, Miguel Pérez Ludeña, Edmund J. Malesky, Geraldine McAllister, William L. Megginson, Sophie Meunier, Michael Mortimore, Joel Moser, Michael D. Nolan, Peter Nunnenkamp, Terutomo Ozawa, Clint Peinhardt, Nicolás M. Perrone, Luke Eric Peterson, Mark Plotkin, Joachim Pohl, Lauge N. Skovgaard Poulsen, Carlos Razo, Daniel Rosen, Martin Roy, Giorgio Sacerdoti, Premila Nazareth Satyanand, Manfred Schekulin, Stephan W. Schill, Francisco Colman Sercovich, Arjen HL Slangen, Roger Smeets, Hans Smit, M. Sornarajah, Frederic G. Sourgens, Jonathan Strauss, Kenneth P. Thomas, Margo Thomas, Perrine Toledano, Julien Topal, Anne van Aaken, Gus Van Harten, Daniel Villar, Sandy Walker, Mira Wilkins, Jason W. Yackee, and Chen Zhao
This second edition of this publication provides an overview of important contemporary issues relating to foreign direct investment (FDI) and multinational enterprises for all those who are interested in this subject, but are not always in a position to follow diverse perspectives and what is being written in the various corners of this field. The contributions are grouped under the following headings: attracting FDI and its impact; the rise of emerging market investors; national policies; sustainable international investment; and international investment treaties and arbitration. The volume brings together all Perspectives published since the inception of this series until 2012.
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Fernanda Giorgia Nicola Dr.
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Jayesh Rathod
An overview of the contributions made by immigrant entrepreneurs in the United States, and the challenges they face.
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Jayesh Rathod
Community development law has assumed pre-eminence among strategies to alleviate entrenched poverty and create sustainable economic and social change within low income communities. Despite the growing prominence of community development within graduate schools and the helping professions, there is no comprehensive textbook to date. This text provides that resource.
Community Economic Development Law: A Text for Engaged Learning provides a flexible set of materials that faculty can customize to meet the goals of the stand-alone community development class, or the pedagogical needs of community development law clinics. The text enables students to approach the substantive material as would problem-solving, community-based practitioners. They do so by entering the community of Ourfuture City, whose Old World immigrants built a vanished industrial prosperity; and of its neighborhood, Milkweed Park, whose new immigrants and long-time residents confront the stresses of physical and financial isolation, racial segregation and economic disinvestment. Students assume the roles of advisors and advocates for the families, teachers, clergy, bankers, entrepreneurs, non-profits, public institutions, and activists of this prototypical struggling municipality.
The book intersperses overviews of substantive areas that are commonly encountered in community development advocacy with exercises and problems presented by the clients from Milkweed Park. Those areas include entity formation, economic development finance, housing, land use and the emerging field of community justice. The exercises use the substantive law to highlight skills that community development lawyers need to address their clients' problems and projects, as a basis for in-class discussion and/or preparation for client representation. -
Macarena Saez
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Lindsay Wiley
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Michael W. Carroll
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Janie Chuang
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Robert Dinerstein
This new Second Edition of Clinical Anthology: Readings for Live Client Clinics has the same goal as the first edition published in 1997: to make available to law students in live client clinical courses materials which introduce the goals and methods of clinical education and identify and address the issues and dilemmas consistently arising in the practice of law.
The Second Edition of Clinical Anthology: Readings for Live Client Clinics is also updated to reflect the growth of clinical scholarship that has had a significant influence on curriculum and methodology in law schools throughout the United States since 1997. And, it differs from the first edition in the following ways: • It is organized into five parts, each with two or three chapters • It includes excerpts in Chapter 1 of portions of the Clinical Legal Education Association sponsored Best Practices Project and the Carnegie Foundation for the Advancement of Teaching study of legal education, which emphasize the critical role of clinical experience in preparing students for the legal profession • It moves the materials from Chapters 2 and 6 of the first edition to Part II titled "Professionalism: Ethics, Values and Access to Justice" in order to emphasize that a lawyer's duty to clients, to the justice system, and to the public are inseparable components of professionalism • It adds a new chapter: "Re-thinking Advocacy: Community Lawyering and Transactional Clinics" in the new Part III to respond to the increased diversity of types of clinics and their approaches
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Robert Dinerstein
This new Second Edition of Clinical Anthology: Readings for Live Client Clinics has the same goal as the first edition published in 1997: to make available to law students in live client clinical courses materials which introduce the goals and methods of clinical education and identify and address the issues and dilemmas consistently arising in the practice of law.
The Second Edition of Clinical Anthology: Readings for Live Client Clinics is also updated to reflect the growth of clinical scholarship that has had a significant influence on curriculum and methodology in law schools throughout the United States since 1997. And, it differs from the first edition in the following ways: • It is organized into five parts, each with two or three chapters • It includes excerpts in Chapter 1 of portions of the Clinical Legal Education Association sponsored Best Practices Project and the Carnegie Foundation for the Advancement of Teaching study of legal education, which emphasize the critical role of clinical experience in preparing students for the legal profession • It moves the materials from Chapters 2 and 6 of the first edition to Part II titled "Professionalism: Ethics, Values and Access to Justice" in order to emphasize that a lawyer's duty to clients, to the justice system, and to the public are inseparable components of professionalism • It adds a new chapter: "Re-thinking Advocacy: Community Lawyering and Transactional Clinics" in the new Part III to respond to the increased diversity of types of clinics and their approaches
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Susan Franck
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Susan Franck, Karl P. Sauvant, Lisa Sachs, Ken Davies, Ruben Zandvliet, Gary Clyde Hufbauer, Laza Kekic, Nathan M. Jensen, Edmund J. Malesky, Reuven S. Avi-Yonah, Jose Guimon, Lorenzo Cotula, Christian Bellak, Markus Leibrecht, Terutomo Ozawa, Michael Mortimore, Carlos Razo, Premila Nazareth Satyanand, Gert Bruche, Anne van Aaken, Jürgen Kurtz, Kathryn Gordon, Joachim Pohl, Veljko Fotak, William L. Megginson, Charles Kovacs, Mark Plotkin, David N. Fagan, Subrata Bhattacharjee, Armand Claude de Mestral, Jason Webb Yackee, Kevin P. Gallagher, Lauge N. Skovgaard Poulsen University College London, Hans Smit, Michael D. Nolan, Frederic G. Sourgens, Luke Eric Peterson, Gus Van Harten, and Alexandre de Gramont
Succinct yet insightful reports are most welcome – especially in our era, distracted as it is by a rising tide of shallow commentary. For those who care about foreign direct investment (FDI), the premier reports are Columbia FDI Perspectives, published every few weeks by the Vale Columbia Center on Sustainable International Investment. Since the first issue (here republished as chapter 2) appeared in November 2008, the Perspectives have adhered to a format of about two pages, authored by a leading expert, on an FDI question of immediate interest. Consequently, there is no better way to keep abreast of changing trends and emerging themes.
Chapter 2 carries the prescient title, “The FDI recession has begun”; several issues (chapters 9-13) document the ascent and challenges of multinational enterprises based in emerging markets, particularly Brazil, India and China; chapter 6 explores farm deals in Africa with the provocative title, “Land grab or development opportunity?”; chapter 1 reveals that emerging markets would attract more than half of FDI in the midst of the Great Recession; chapters. 29 and 30 debate the arbitration featuring environmental claims between Pacific Rim LLC and El Salvador; chapter 22 surprisingly reports that general counsels often know little and care less about bilateral investment treaties.
Fortunately for FDI watchers, these issues of the Perspectives and many more – in fact the complete collection through 2010 – are now available in a single eBook. Corporate executives, who always have too much to read, will find this eBook essential for a quick briefing. Scholars, who always want to read more, will find the eBook a great place to start their quest. And policy officials, who want to know how the wind is blowing on hot questions, can find the direction from these Perspectives.
Much credit for this collection goes to the editor-in-chief, Karl P. Sauvant, the world’s pioneer in gathering reliable statistical information on foreign direct investment, a lifelong observer of FDI questions and a foremost scholar of multinational enterprises. Together with his team at the Vale Columbia Center, Sauvant has done a great service to those of us who care about FDI trends and emerging themes.
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Anna Gelpern
Financial institutions and governments the world over have been locked in mutual dependence since long before the crisis that began in 2007. Postcrisis reforms will not rid banks and governments of one another; at best, they may renegotiate the terms of engagement. This essay uses case studies from the Europe and the Americas to explore the implications of two enduring links between financial institutions and governments: first, the formal and informal public insurance that banks and a growing number of other firms enjoy in exchange for providing critical public services; second, the powerful economic, political and regulatory incentives for financial firms to hold government debt. As a result, an increase in government debt is a common by-product of large-scale bank failure, and large-scale bank failure is a common by-product of government debt default. Such links complicate loss allocation and crisis response. The essay concludes that no sovereign bankruptcy or financial resolution regime can be effective without accounting for the links between governments and financial firms.
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David B. Hunter
Para hacer frente al daño medioambiental, que no reconoce fronteras, aparece el Derecho Internacional del Medio Ambiente como una nueva rama del derecho Internacional. Para el Perú es bastante importante trabajar en este tema ya que "basta recordar que de acuerdo al prestigioso Tyndall Centre, think tank del Reino Unido sobre el Cambio Climático, nuestro país sería el tercero en sufrir los graves estragos del calentamiento global luego de Bangladesh y Honduras", escribió Vera.
To address the environmental damage, which does not recognize borders, international law appears Environment as a new branch of international law. For Peru is very important to work on this issue as "just remember that according to the prestigious Tyndall Centre, UK think tank on climate change, our country would be the third to suffer the ravages of global warming serious after Bangladesh and Honduras "wrote Vera.
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Jeffrey Lubbers
The global explosion of online activity is steadily transforming the relationship between government and the public. The first wave of change, “e-government,” enlisted the Internet to improve management and the delivery of services. More recently, “e-democracy” has aimed to enhance democracy itself using digital information and communication technology. One notable example of e-democratic practice is the government-sponsored (or government-authorized) online forum for public input on policymaking. This book investigates these “online consultations” and their effect on democratic practice in the United States and Europe, examining the potential of Internet-enabled policy forums to enrich democratic citizenship.
The book first situates the online consultation phenomenon in a conceptual framework that takes into account the contemporary media environment and the flow of political communication; then offers a multifaceted look at the experience of online consultation participants in the United States, the United Kingdom, and France; and finally explores the legal architecture of U.S. and E. U. online consultation. As the contributors make clear, online consultations are not simply dialogues between citizens and government but constitute networked communications involving citizens, government, technicians, civil society organizations, and the media. The topics examined are especially relevant today, in light of the Obama administration's innovations in online citizen involvement.
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Binny Miller
This new Second Edition of Clinical Anthology: Readings for Live Client Clinics has the same goal as the first edition published in 1997: to make available to law students in live client clinical courses materials which introduce the goals and methods of clinical education and identify and address the issues and dilemmas consistently arising in the practice of law.
The Second Edition of Clinical Anthology: Readings for Live Client Clinics is also updated to reflect the growth of clinical scholarship that has had a significant influence on curriculum and methodology in law schools throughout the United States since 1997. And, it differs from the first edition in the following ways: • It is organized into five parts, each with two or three chapters • It includes excerpts in Chapter 1 of portions of the Clinical Legal Education Association sponsored Best Practices Project and the Carnegie Foundation for the Advancement of Teaching study of legal education, which emphasize the critical role of clinical experience in preparing students for the legal profession • It moves the materials from Chapters 2 and 6 of the first edition to Part II titled "Professionalism: Ethics, Values and Access to Justice" in order to emphasize that a lawyer's duty to clients, to the justice system, and to the public are inseparable components of professionalism • It adds a new chapter: "Re-thinking Advocacy: Community Lawyering and Transactional Clinics" in the new Part III to respond to the increased diversity of types of clinics and their approaches
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Elliot Milstein and Susan J. Bryant
This new Second Edition of Clinical Anthology: Readings for Live Client Clinics has the same goal as the first edition published in 1997: to make available to law students in live client clinical courses materials which introduce the goals and methods of clinical education and identify and address the issues and dilemmas consistently arising in the practice of law.
The Second Edition of Clinical Anthology: Readings for Live Client Clinics is also updated to reflect the growth of clinical scholarship that has had a significant influence on curriculum and methodology in law schools throughout the United States since 1997. And, it differs from the first edition in the following ways: • It is organized into five parts, each with two or three chapters • It includes excerpts in Chapter 1 of portions of the Clinical Legal Education Association sponsored Best Practices Project and the Carnegie Foundation for the Advancement of Teaching study of legal education, which emphasize the critical role of clinical experience in preparing students for the legal profession • It moves the materials from Chapters 2 and 6 of the first edition to Part II titled "Professionalism: Ethics, Values and Access to Justice" in order to emphasize that a lawyer's duty to clients, to the justice system, and to the public are inseparable components of professionalism • It adds a new chapter: "Re-thinking Advocacy: Community Lawyering and Transactional Clinics" in the new Part III to respond to the increased diversity of types of clinics and their approaches
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Ann Shalleck
This new Second Edition of Clinical Anthology: Readings for Live Client Clinics has the same goal as the first edition published in 1997: to make available to law students in live client clinical courses materials which introduce the goals and methods of clinical education and identify and address the issues and dilemmas consistently arising in the practice of law.
The Second Edition of Clinical Anthology: Readings for Live Client Clinics is also updated to reflect the growth of clinical scholarship that has had a significant influence on curriculum and methodology in law schools throughout the United States since 1997. And, it differs from the first edition in the following ways: • It is organized into five parts, each with two or three chapters • It includes excerpts in Chapter 1 of portions of the Clinical Legal Education Association sponsored Best Practices Project and the Carnegie Foundation for the Advancement of Teaching study of legal education, which emphasize the critical role of clinical experience in preparing students for the legal profession • It moves the materials from Chapters 2 and 6 of the first edition to Part II titled "Professionalism: Ethics, Values and Access to Justice" in order to emphasize that a lawyer's duty to clients, to the justice system, and to the public are inseparable components of professionalism • It adds a new chapter: "Re-thinking Advocacy: Community Lawyering and Transactional Clinics" in the new Part III to respond to the increased diversity of types of clinics and their approaches
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Brenda Smith, Ayelet Waldman, and Robin Levi
Inside This Place, Not of It reveals some of the most egregious human rights violations within women’s prisons in the United States. Here, in their own words, thirteen narrators recount their lives leading up to incarceration and their harrowing struggle for survival once inside.
Among the narrators:
Theresa, who spent years believing her health and life were in danger, being aggressively treated with a variety of medications for a disease she never had. Only on her release did she discover that an incompetent prison medical bureaucracy had misdiagnosed her with HIV.
Anna, who repeatedly warned apathetic prison guards about a suicidal cellmate. When the woman killed herself, the guards punished Anna in an attempt to silence her and hide their own negligence.
Teri, who was sentenced to up to fifty years for aiding and abetting a robbery when she was only seventeen. A prison guard raped Teri, who was still a teenager, and the assaults continued for years with the complicity of other staff.
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Robert Vaughn
Whistleblowers who are public employees are protected by statutes which vary in scope and character, but authorise employees to disclose information outside of the chain of command and under standards that replace internal agency rules or guidelines. During the last decade a number of countries enacted whistleblower statutes that protect public employees who disclose various types of misconduct or incompetence. At the same time, a number of international treaties and conventions addressing governmental corruption have included provisions protecting whistleblowers. The recent activity in providing protection for public sector whistleblowers as well as movements for honesty and transparency in government present a challenge to public employment law.
This chapter examines how the principles and precepts of whistleblower protection challenge public employment law. Beginning with an analysis of the federal whistleblower law in the United States, particularly the Civil Service Reform Act of 1978, the chapter provides a background and review of this law which guides the subsequent analysis. The established themes address concepts of employee loyalty, approval of individual responsibility in the face of hierarchical command, connection to information policy and access to government information, and empowerment of the right of freedom of expression as an underpinning of democratic accountability. These themes are developed in a review of state provisions protecting public sector whistleblowers as well as through comparisons of the whistleblower laws of other countries. This comparison emphasises the many common themes as well as their similar implications for public employment law. The chapter considers how the principles and precepts of whistleblower protection challenge public employment law and concludes with a discussion of how whistleblower protection ironically poses perhaps a challenge to the very notion of a distinct public and private employment law.
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Paul Williams
In the spring of 2010, in Doha, Qatar, the major parties to the Darfur conflict signed a series of framework and ceasefire agreements. The Doha Agreements comprise the Justice and Equality Movement (JEM) Framework, the Liberation and Justice Movement (LJM) Framework, and the LJM Ceasefire Agreements. These accords served two principal purposes. The first and more obvious was to establish a cessation of hostilities and lay the foundation for the negotiation of a comprehensive peace agreement. Critical to each are provisions relating to Security Sector Reform (SSR) and the Disarmament, Demobilization, and Reintegration (DDR) of combatants. Well drafted SSR and DDR provisions, even at the very early stages of a peace process, encourage stabilization in the conflict region and the implementation of the agreement in a sustainable manner. The Doha Agreements, though including occasional language relating to SSR and DDR, largely missed the opportunity to set the framework for mechanisms that would bind the parties to the sustainable deescalation of the conflict. The second and less obvious purpose was to create momentum. From the perspective of the international community, the hope was for momentum to salvage a faltering peace process. From the perspective of the Darfurians, the hope was for momentum to construct a final negotiated settlement that would heal the humanitarian scars of the conflict and generate a level of power-sharing consistent with that enjoyed by Southern Sudan under the Comprehensive Peace Agreement. For the government of Sudan, the hope was for momentum to gain the upper hand in the April elections, legitimize the regime of President Omar Al-Bashir, and complete the process of transforming the Darfur conflict into a “humanitarian matter” that would solidify the status quo, in which they held a superior position, and limit the active engagement of the international community. The competing and highly political interests of the three stakeholders affected the nature and quality of the agreements negotiated in Doha. This chapter examines the collective development and impact of the Doha Agreements, seeking to place them in their appropriate political context, analyze the momentum and political slant of the negotiating processes, and consider the missed opportunities of the abbreviated DDR and SSR programs.
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Richard J. Wilson
Clinical legal education adopted by law schools outside of the United States—as pedagogical method, as academic structure, indeed, as concept itself—is largely an export from the United States, wherein lie its roots. Clinical programs arose from social and protest movements of the 1960s and ‘70s. During that time, law school clinics received an enormous boost from the Ford Foundation-funded Council on Legal Education and Professional Responsibility (CLEPR), which served to spread the gospel and deepen the presence of clinics in US law schools. The first law and development movement came into being in parallel with the growth of clinics in the United States during those decades. The movement exported US legal education models and methods to other countries, and eventually fell prey to a devastating critique that brought it to a screeching halt, including some argue appropriately, all legal education innovations exported from the United States. This chapter attempts to determine the salience of this critique today, particularly as legal imperialism might be strongly associated with legal education methods in the United States. The author concludes that the exportation of clinical legal education cannot today be called legal imperialism and further argues that this critique is as much a function of American hubris as it is real. He next examines legal imperialism through typology, and explores the historical context of the contention. He finally examines the central premises of the legal imperialism critique as it relates to both the sweeping forced assimilation of entire legal cultures, and the narrow issue of clinical legal education.
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Richard J. Wilson
Following the terrorist attacks of 9/11, the United States imprisoned more than seven hundred and fifty men at its naval base at Guantanamo Bay, Cuba. These men, ranging from teenage boys to men in their eighties from over forty different countries, were detained for years without charges, trial, and a fair hearing. Without any legal status or protection, they were truly outside the law: imprisoned in secret, denied communication with their families, and subjected to extreme isolation, physical and mental abuse, and, in some instances, torture. These are the detainees - stories, told by their lawyers because the prisoners themselves were silenced. It took habeas counsel more than two years - and a ruling from the United States Supreme Court - to finally gain the right to visit and talk to their clients at Guantanamo. Even then, lawyers were forced to operate under severe restrictions designed to inhibit communication and envelop the prison in secrecy. In time, however, lawyers were able to meet with their clients and bring the truth about Guantanamo to the world. The Guantanamo Lawyers contains over one hundred personal narratives from attorneys who have represented detainees held at Guantanamo as well as at other lawless detention centers such as Afghanistan’s Bagram Air Base. Mark Denbeaux and Jonathan Hafetz - themselves lawyers for detainees - collected stories that cover virtually every facet of Guantanamo and the litigation it sparked. Together, these moving, powerful voices create a historical record of Guantanamo’s legal, human, and moral failings, and provide a window into America’s catastrophic effort to create a prison beyond the law.
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From the Periphery to the Center? The Evolving WTO Jurisprudence on Transparency and Good Governance Padideh Ala'i
The rise of the regulatory state in the latter half of the 20th century is reflected in the text of the World Trade Organization (WTO) Agreements and specifically its transparency related obligations. The oldest transparency and good governance obligation of the WTO is Article X of General Agreement on Tariffs and Trade (GATT). Article X imposes broad publication and due process requirements on the administration of measures in the area of trade in goods. The language of Article X is duplicated or incorporated by reference throughout the WTO Agreements. During the GATT years (1947-94), Article X was a silent provision dismissed by GATT panels as 'subsidiary' to the other 'substantive' provisions of the GATT. Since the creation of the WTO, Article X has emerged from obscurity, and is now viewed as creating obligations of 'fundamental importance,' such as transparency and due process. In addition, there has been an exponential increase in the number of cases asserting Article X claims before WTO panels and the Appellate Body. The resulting treatment of such claims by the WTO dispute settlement bodies reflects both the emerging role of the WTO as a supranational administrative body and the continuing discomfort of panels and the Appellate Body with applying good governance obligations.
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Jonathan Baker
Competition as a public policy value has always been an important mission of the ABA Section of Antitrust Law, but perhaps never so much as during the economic crisis of 2008-2009. In the face of one of the worst economic downturns since the Great Depression, it is tempting for public policy to turn away from the principles of competition. Competition as Public Policy is a 359-page examination of some of the most relevant competition policy issues in the United States and the world today. It includes an in-depth analysis of competition policy in distressed industries, the history of government regulation in the face of economic crisis, causes of the current financial crisis, competition policy for health care in the United States, and state aid in Europe and around the world. Contributors include Carl Shapiro, Sam Peltzman, Larry White, Tim Greaney, and Andrew Renshaw. The volume also includes a provocative piece by Alfred Kahn on changing the standard for predatory pricing cases. Competition as Public Policy also features transcripts from panel discussions offering perspectives from experienced members of the bar, government officials, and distinguished academics. These discussions review the history of competition as a basis for public policy, examine deregulation in the context of airlines and electricity, analyze competition policy in the financial sector and the healthcare industry, and explore the history and current status of state aid policies globally.
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Jonathan Baker
This comprehensive book provides an extensive overview of the major topics of antitrust law from an economic perspective. Its in-depth treatment and analysis of both the law and economics of antitrust is presented via a collection of interconnected original essays. The contributing authors are among the most influential scholars in antitrust, with a rich diversity of backgrounds. Their entries cover, amongst other issues, predatory pricing, essential facilities, tying, vertical restraints, enforcement, mergers, market power, monopolization standards, and facilitating practices.This well-organized and substantial work will be invaluable to professors of American antitrust law and European competition law, as well as students specializing in competition law. It will also be an important reference for professors and graduate students of economics and business.
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Daniel D. Bradlow
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Daniel Bradlow and David Hunter
This is the conclusion to the edited volume, International Financial Institutions and International Law. After a brief overview of the key points made in the volume, the authors offer some observations on the role that international law plays and should play in the functioning of international financial institutions and some suggestions for future research on the topic.
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Daniel Bradlow and David Hunter
This is the introduction to an edited volume of papers on International Financial Institutions and International Law. The introduction provides an explanation of the editors motivation for undertaking this book project and an overview of the chapters in the book.
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Michael W. Carroll
This comment responds to Professors Bergstrom and Rubinfeld’s chapter, Alternative Economic Designs for Academic Publishing. Their principal argument is that most prices for academic journals are inefficiently high and that open access accomplished by authors placing copies of their articles on the open Internet is one means of creating competition to improve efficiency in this knowledge market. Carroll applauds and provides supplementary support for both the normative and prescriptive elements of this claim. However, from the perspective of copyright law, which is at the root of these inefficiencies, he argues that they do not go far enough. The primary argument for open access is not to improve the efficiency of journal pricing. Instead, scholarly authors must use their copyrights to advance the normative goals of copyright law – to promote the progress of science and useful arts. In the digital environment, that goal is best promoted through open access to the scholarly literature even if journal prices were otherwise set at the efficient level. Authors of these articles do not need the lure of exclusive rights to perform research or to publish their results, and free online access serves to benefit multiple audiences.
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Mary L. Clark
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N. Jeremi Duru
Examining baseball not just as a game but as a social, historical, and political force, this collection of sixteen essays looks at the sport from the perspectives of race, sexual orientation, economic power, social class, imperialism, nationalism, and international diplomacy. Together, the essays underscore the point that baseball is not just a form of entertainment but a major part of the culture and power struggles of American life as well as the nation’s international footprint.
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