Chicago Journal of International Law

A biannual journal focusing on international law and policy issues.

Articles from Vol. 3, No. 1, Spring

Accounting for NGOs
I. INTRODUCTION Non-governmental organizations have enjoyed a phenomenally rapid rise on the world scene. Only a decade ago, few were familiar with the acronym "NGO." Today, it is on the way to becoming one of those few short-hands that has achieved...
Read preview Overview
A Unified Forum? the New Arbitration Rules for Environmental Disputes under the Permanent Court of Arbitration
The international community has long been struggling to find an effective mechanism to resolve transboundary environmental disputes. On June 19, 2001, the ninety-four Member States of the Permanent Court of Arbitration ("PCA")1 adopted by consensus the...
Read preview Overview
Bioterrorism, Public Health, and International Law
I. INTRODUCTION The specter of bioterrorism-long the subject of who-dun-it fiction and wellintentioned but inconclusive policy-making-became a terrifying reality for the United States in October 2001. Less than a month after the worst act of terrorism...
Read preview Overview
Defending Accountability in NGOs
I. INTRODUCTION This symposium addresses the legitimacy of nongovernmental organizations ("NGOs"). Over the past few decades, the number of NGOs operating in world politics has skyrocketed. The financial and territorial reach and capability of these...
Read preview Overview
First Amendment Liberalism as Global Legal Architecture: Ascriptive Groups and the Problems of the Liberal NGO Model of International Civil Society
The growing sense that there exists, or ought soon to exist, an international civil society has begun to inspire among its participants and proponents a quest for a more complete articulation of normative principles, perhaps even a kind of constitution,...
Read preview Overview
From the Core to the Peripheries: Multilateral Governance of Malaria in a Multi-Cultural World
I. INTRODUCTION: THE NEW MULTILATERAL INITIATIVE ON MALARIA The election of Gro Harlem Brundtland, former Prime Minister of Norway and former Chair of the World Commission on Environment and Development ("Brundtland Commission"), as the Director General...
Read preview Overview
International Response to Human Cloning
I. INTRODUCTION In September of 2001, the United Nations placed the topic of human cloning on its agenda at the request of France and Germany. These countries hope that negotiations regarding human cloning will prompt the UN to adopt "an international...
Read preview Overview
Introduction to Witten Symposium on Public Health and International Law
I. INTRODUCTION Public health has emerged as one of the most important issues of our global age. Despite health improvements and gains in life expectancy around the world in the twentieth century, the twenty-first century begins with developed and developing...
Read preview Overview
Introductory Essay: Paradise Lost? NGOs and Global Accountability
Many scholars use the concept of global civil society to understand the political meaning of nongovernmental organizations ("NGOs"). Global civil society refers to the transnationalization of social life. It denotes a realm in which people interact across...
Read preview Overview
Lessons from the Balkans for American Foreign Policy: Building Civil Society within a Multilateral Framework
I. INTRODUCTION The end of the Cold War left the world without a structure of international relations. The first Bush Administration briefly flirted with the vague idea of a New World Order. The Clinton Administration pursued a policy of selective intervention...
Read preview Overview
Of Measurement and Mission: Accounting for Performance in Non-Governmental Organizations
INTRODUCTION In the last decades of the twentieth century, the world witnessed an unprecedented surge in the number and scope of non-governmental organizations ("NGOs")-formal, influence-minded groups unattached to any state.1 We see evidence of these...
Read preview Overview
On War as Hell
If war is hell, then how do you make amends for the suffering of hell? Herein lies the conundrum of war reparations. International law can deal with revolutions, catastrophes, and lesser evils we euphemistically call acts of God. But when the fury of...
Read preview Overview
Perfection of Nonpossessory Security Interests under Revised Article 9: Consequences of the Practical and Conceptual Incompatibility of US and English Secured Transactions Law
Article 9 of the Uniform Commercial Code ("UCC"), governing secured transactions, was recently revised, changing the way in which nonpossessory security interests are perfected.1 All fifty states have approved the revision, which became effective in...
Read preview Overview
Refections on National Security and International Law Issues during the Clinton Administration
I. BACKGROUND I have spent my entire professional life in Washington, DC. Because I am a Democrat, most of that time has been in private practice. But I have worked twice in the Executive Branch: once as a "baby" special assistant for Secretary of Defense...
Read preview Overview
Regulation of Borderless High-Technolgoy Economies: Managing Spillover Effects
In October of 1998, the European Union Data Privacy Directive ("Directive") became effective.1 Consistent with Europe's serious approach to consumer privacy, the Directive mandates that Member States adopt the most rigorous privacy legislation the world...
Read preview Overview
The Human Right to Health, National Courts, and Access to HIV/AIDS Treatment: A Case Study from Venezuela
I. INTRODUCTION The human right to health has been part of the discourse on international law and public health since 1946, when the World Health Organization ("WHO") proclaimed that the enjoyment of the highest attainable standard of health is a fundamental...
Read preview Overview
TRIPS, Pharmaceutical Patents, and Access to Essential Medicines: A Long Way from Seattle to Doha
I. INTRODUCTION Infectious diseases kill over 10 million people each year, more than 90 percent of whom are in the developing world.1 The leading causes of illness and death in Africa, Asia, and South America-regions that account for four-fifths of the...
Read preview Overview
TRIPS, Pharmaceuticals, Developing Countries, and the Doha "Solution"
Pharmaceutical prices in the developing world have been much in the news lately. The bulk of the attention stems from the HIV/AIDS epidemic which affects many developing countries acutely, and where much of the infected population is said to be unable...
Read preview Overview
Tying Prometheus Down: The International Law of Human Genetic Manipulation
"Le jour est venu que l'homme, se rendant moins dependant de la nature, devient fe-sclave de l'anti-nature, la contre-nature, fruit de la science de la nature." Paul Valery1 I. INTRODUCTION The growing literature on the bioethics of the human genome...
Read preview Overview
Unfair Competition under the TRIPS Agreement: Protection of Data Submitted for the Registration of Pharmaceuticals
I. INTRODUCTION As a condition for registration of pharmaceutical products, national authorities normally require registrants to submit data relating to quality, safety, and efficacy. A particularly important issue is third parties' use of the data for...
Read preview Overview
Whose Best Interest? International Child Abduction under the Hague Convention
I. INTRODUCTION Each year 350,000 cases of child abduction occur in the United States. Approximately 10,000 of these cases involve the abduction of children to foreign nations by a parent.1 A swell in divorce rates and ease of international travel are...
Read preview Overview