Duke Journal of Comparative & International Law

Duke Journal of Comparative & International Law is a magazine specializing in Law topics.

Articles from Vol. 18, No. 2, Spring

Commercial Peace and Political Competition in the Crosshairs of International Arbitration
INTRODUCTION This article examines the mixed effect of arbitration upon the generation of international law norms; in particular, how arbitration can generate private law norms so effectively and yet still face strong resistance in public international...
Custom and Its Revival in Transnational Private Law
INTRODUCTION Traditionally, custom was considered to be an autonomous source of law, similar to legislation and case law, but its force was weakened in the 19th century under the influence of modern sovereignty notions and the idea that law could...
International Commercial Arbitration and International Courts
INTRODUCTION In the last fifty years, arbitration has become the most important mechanism for resolving international commercial disputes. (1) Firms in global commerce routinely agree to submit their disputes to private arbitral panels, and states...
Litigation, Arbitration, and the Transnational Shadow of the Law
INTRODUCTION That arbitration has replaced litigation as the leading method of transnational dispute resolution has become a cliche. (1) But like many cliches, neither its empirical basis nor its broader implications are entirely clear. From the...
Naturalism in International Adjudication
INTRODUCTION In the decentralized international legal system, how should legal norms be formed? The international system lacks a legislature with the authority to make law, an authoritative court with mandatory jurisdiction to articulate norms,...
Privacy Protection: When Is "Adequate" Actually Adequate?
INTRODUCTION Notice has been referred to as an essential element of privacy when dealing with the sharing and dissemination of personal information, but because websites are not always required to provide individuals with notice of their privacy...
Public and Private Law in the Global Adjudication System: Three Questions to the Panelists
OPENING REMARKS FEBRUARY 15, 2008 In its recent decision in Medellin v. Texas, the U.S. Supreme Court had to decide whether the conviction of a murderer should be reopened in light of U.S. obligations under public international law. (1) After...
Supranational Rulings as Judgments and Precedents
Why do domestic courts routinely enforce arbitral awards rendered by tribunals operating abroad, and yet frequently refuse to defer to the decisions rendered by supranational judicial bodies? Scholars of international and foreign relations law have...
Testing the Legitimacy of the Joint Criminal Enterprise Doctrine in the ICTY: A Comparison of Individual Liability for Group Conduct in International and Domestic Law
INTRODUCTION On June 14, 1992, a group of armed men entered Jaskici, a village in the Prijedor region of Bosnia. (1) The group summoned Jaskici residents from their homes and separated the men from the women and children. (2) The men were beaten...
The Functions and Limits of Arbitration and Judicial Settlement under Private and Public International Law
INTRODUCTION When drafting international agreements, be they contracts or treaties, lawyers often provide for resolution of future disputes, usually by selecting arbitration or judicial settlement. (1) For contracts likely to produce international...
The Public-Private Distinction in the Conflict of Laws
INTRODUCTION Morton Horwitz dates the full emergence of the public-private distinction in law to the nineteenth century. "One of the central goals of nineteenth century legal thought was to create a clear separation between constitutional, criminal,...