Chicago Journal of International Law

A biannual journal focusing on international law and policy issues.

Articles from Vol. 10, No. 2, Winter

Assessing Allegations: Judicial Evaluation of Testimonial Evidence in International Tribunals
I. INTRODUCTIONCurrent scholarship focuses on the prohibition of torture1 and the inadmissibility of confessions or statements obtained through torture.2 The scholarship correctly concludes that involuntary confessions or statements should not be admissible...
A State's Duty to Prevent and Respond to Cyberterrorist Acts
Cyberterrorism combines two of the most prominent developments of the last twenty years: the increasing reliance on the internet's infrastructure, and the threat of international terrorism committed by non-state actors. Although multilateral treaties...
Clearing Credit Default Swaps: A Case Study in Global Legal Convergence
In the wake of the global financial crisis, American and European regulators quickly converged on a reform intended to help stave off similar crises in the future: central counterparty clearinghouses for credit default swaps. On both sides of the Adantic,...
Constitutions and Capabilities: A (Necessarily) Pragmatic Approach
I. INTRODUCTIONProfessor Nussbaum has thrown down the gaundet in her Foreword:1 do countries have a moral obligation to develop and abide by constitutional principles that will lead to the full development of all human beings? Or is it either necessary...
Emerging Public International Banking Law? Lessons from the Law of the Sea Experience
"The time has come," the Walrus said,"To talk of many things:Of shoes-and ships-and sealing-waxOf cabbages and kings."1I. INTRODUCTIONThe aftershocks of last year's financial sector implosion continue to reverberate. Policymakers, lawmakers, and regulators...
International Institutional Performance in Crisis
The global financial crisis was a challenge to three of the most promising, and seemingly effective, institutions of international law-the World Trade Organisation, the International Monetary Fund, and the international network of regulatory agencies-and...
Kant, Habermas and Democratic Peace
Philosophers of great stature rarely write about international law or international relations. When they do, their writing, though often illuminating, tends to be brief, episodic and marginal to the rest of their work. We owe a fine essay on the balance...
Legal Ethics in International Criminal Defense
Table of ContentsI. INTRODUCTION ....................................................................................................... 686II. DISTINCTIVE FEATURES OF THE INTERNATIONAL CRIMINAL JUSTICE SYSTEM ...................................................................................................................................
Reply to Diane Wood, Constitutions and Capabilities: A (Necessarily) Pragmatic Approach
What are people actually able to do and to be? And are they really able to do or be these things, or are there impediments, evident or hidden, to their real and substantial freedom, in some areas that are agreed to be of central importance to a rich...
Smaller Exchanges, Larger Regimes: How Trading in Small, Interdependent Units Affects Treaty Stability
Suppose two parties desire to divide a $300 prize equally, but only have bills at their disposal. As long as the unit of exchange remains too large for equal division, the two parties seem destined for an uneven and uneasy agreement. The solution seems...
The Child's Right to Legal Assistance in Removal Proceedings under International Law
I. INTRODUCTIONIn countries around the world, undocumented immigrants are a vulnerable population in need of special legal protections. Within these populations, unaccompanied children especially need protection. They are often hidden from the public...
The Problem of Selective or Sporadic Recognition: A New Economic Rationale for the Law of Foreign Country Judgments
Conventional law and economics analysis overlooks a significant feature of the law of recognition of foreign country judgments-an area of the law that regulates the private local practical use of such judgments. The existing literature on the topic currently...
The Subprime Crisis and Financial Regulation: International and Comparative Perspectives*
I. INTRODUCTIONThe global subprime crisis that erupted in mid-2007 unleashed a torrent of analysis in the US.1 Its impact in some other countries equaled or exceeded that in the US, in part because financial institutions elsewhere in the world purchased...