Chicago Journal of International Law

A biannual journal focusing on international law and policy issues.

Articles from Vol. 1, No. 2, Fall

Building Global Democracy
Building Global Democracy Anne-Marie Slaughter* John Bolton cannot make up his own mind as to whether "we should take global governance seriously." On the one hand, he argues that we must. "The costs to the United States-reduced constitutional autonomy,...
Conservative Idealism and International Institutions
Like many Anglo-American conservatives, Jeremy Rabkin believes that the European Union ("EU") presents "a serious challenge to American policy aims and American political ideals."1 This argument is timely, for the defense of "American sovereignty" seems...
Customary International Law and Private Rights of Action
It has been twenty years since the US Court of Appeals for the Second Circuit issued its landmark decision in Filartiga v Pena-Irala.1 In upholding federal court jurisdiction over a suit between aliens concerning violations of international human rights...
Defending a Person Charged with Genocide
In August 1997, I was asked to represent Dr. Milan Kovacevic, a Bosnian Serb anesthesiologist who had been indicted by the International Criminal Tribunal for Yugoslavia ("ICTY") for complicity in genocide. Had he lived through it, his trial would have...
European Integration: Dangers for the United States
I. OVERVIEW The United States has vital trade, defense, and foreign policy interests in halting the European Union's ("EU") accelerating drive toward a United States of Europe. At the same time, it remains important to encourage fair and free trade in...
Few Reservations about Reservations
I. INTRODUCTION The United States practice of attaching a package of reservations, understandings, and declarations ("RUDs")1 to its ratification of international human rights conventions has been the subject of severe criticism by some human rights...
International Governance and American Democracy
Does international governance threaten to crowd out American democracy? Many public figures and scholars think so. The street theater in Seattle last fall and Senator Dole's effort to establish a national tribunal to review World Trade Organization ("WTO")...
International Law and Infectious Diseases
International Law and Infectious Diseases David P. Fidler Oxford 1999 International law plays an important but under-explored role in infectious disease control. Laws dealing with infectious diseases have implications on a number of important areas in...
International Law and the American National Interest
International Law and the American National Interest Michael Byers* I. INTRODUCTION There are those, John Bolton1 and Paul Stephan2 among them, who worry that international law poses something of a threat to the US national interest. They argue that...
Is EU Policy Eroding the Sovereignty of Non-Member States?
Is EU Policy Eroding the Sovereignty of Non-Member States? Jeremy Rabkin* Ten years ago, the collapse of the Soviet Empire seemed to leave the United States as the last remaining superpower. But the United States is not quite alone. In some respects,...
Is Global Governance Safe for Democracy?
Is Global Governance Safe for Democracy? Joel Richard Paul* Contemporary critics of international legal institutions often frame their opposition in terms of a conflict between global governance and national democratic accountability. Both liberal and...
Power and Constraint
John Bolton raises two distinct sets of questions about global governance: the first involves the creation of supranational authority structures; the second, the penetration of the American domestic political process, especially by transnational non-governmental...
Should International Human Rights Law Trump US Domestic Law?
I. INTRODUCTION Consider the following claims raised in US courts under the International Covenant of Civil and Political Rights ("ICCPR")1, a treaty ratified by the United States: * Nevada sentenced Michael Domingues to death for murdering two people...
Should We Take Global Governance Seriously?
Should We Take Global Governance Seriously? John R. Bolton* I. INTRODUCTION Even the apparently simple act of entitling a conference "Trends in Global Governance: Do They Threaten American Sovereignty? is likely to expose the vast disparities which exist...
South African Perspectives: Its Prospects and Its Income Tax System
This article is dedicated to one of my very best friends and former law partners at Schiff Hardin & Waite, the recently deceased Wayne McCoy, who encouraged me to write about my experiences in South Africa. I. INTRODUCTION From March 1999 until June...
Sovereignty and Multilateralism
I. THE NEW SOVEREIGNTY1 The recent surge of interest in sovereignty, exemplified by this symposium, reflects the empirical reality of 21st century international relations. There are more multilateral agreements and more multilateral institutions addressing...
Sovereignty: EU Experience and EU Policy
I should say immediately that I am in agreement with the main thesis of Jeremy Rabkin's paper-the development and experience of the European Union ("EU") is having a clear impact on the development of multilateral governance. I also agree with the paper's...
The Charade of US Ratification of International Human Rights Treaties
It is sadly academic to ask whether international human rights law should trump US domestic law. That is because, on the few occasions when the US government has ratified a human rights treaty, it has done so in a way designed to preclude the treaty...
The Future of International Human Rights: Commemorating the 50th Anniversary of the Universal Declarations of Human Rights
The Future of International Human Rights: Commemorating the 50th Anniversary of the Universal Declarations of Human Rights Burns H. Weston and Stephen P. Marks, Editors Transnational Press 1999 Burns H. Weston and Stephen P. Marks' volume of essays commemorates...
The Law of Peoples
The Law of Peoples John Rawls Harvard 1999 John Rawls, the great political philosopher, has turned his reflections to questions of international justice, much as his philosophical ancestor Kant did toward the end of his career. Indeed, Kant's conception...
The Political Economy of Global Multilateralism
Many conservatives (at the least the subset who are classical liberals) approve of global multilateral trade agreements and allied agreements that keep global capital markets open. Conservatives, however, tend to be openly skeptical of other global multilateral...
The Rechtsstaat as the Path toward Unity in Liberty
PERSPECTIVES In the beginning of the third millenium, Berlin, like so many times in its history, is sparkling with contrasts. Historical allusions and, at the same time, contradictions abound, especially in the city's center. Today's offices and conference...
The Use of Force in the Clinton Era: Continuity or Discontinuity?
A striking characteristic of the Clinton era has been an increased American propensity to employ military power as an adjunct of foreign policy. Since ordering a cruise missile attack on an Iraqi intelligence headquarters in Baghdad in June 1993 in retaliation...
Transnational Securitites Fraud Regulation: Problems and Solutions
Transnational Securities Fraud Regulation: Problems and Solutions Joshua G. Urquhart* I. INTRODUCTION Although modern exchanges have existed since Elizabethan England, until recently the purchase and sale of securities was largely unregulated.1 As a...
UN Wars, US War Powers
Pressure on traditional notions of US sovereignty are nowhere clearer than in the area of national security. In a number of areas, such as arms control, the Clinton administration has sought to achieve US foreign policy goals through multilateral international...