Duke Journal of Comparative & International Law

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

Articles from Vol. 23, No. 1, Fall

Deciphering and Defending the European Union's Non-Binding Code of Conduct for Outer Space Activities
INTRODUCTION In 2002, the United States' chief negotiator at the Conference on Disarmament asserted that the interests of all spacefaring states were sufficiently shielded by the "existing multilateral arms control regime." (1) Despite their "groundless"...
The Basis of Unit Self-Defense and Implications for the Use of Force
INTRODUCTION One of the most important responsibilities for a military commander is the protection of his or her own troops. Military personnel are informed that they have a right, and even an obligation, to use force to defend themselves and their...
The Supremacy Clause as Structural Safeguard of Federalism: State Judges and International Law in the Post-Erie Era
Against a backdrop of state constitutional and legislative initiatives aimed at limiting judicial use of international law, this Article argues that state judges have, by and large, interpreted treaties and customary international law so as to narrow...
Tort, Social Security, and No-Fault Schemes: Lessons from Real-World Experiments
In dealing with the problem of personal injury, societies have to make a choice between regimes of tort liability, the general social security system, and tailor-made no-fault compensation schemes. The arguments bearing on this choice are complex and...
Understanding the Debate over Necessity: Unanswered Questions and Future Implications of Annulments in the Argentine Gas Cases
INTRODUCTION Over the past several years, foreign investors have filed 49 claims with the International Centre for Settlement of Investment Disputes (ICSID) against Argentina. (1) Many of these claims originated from certain restrictive measures...