Texas International Law Journal

Texas International Law Journal is an academic journal focusing on Texas International Law

Articles from Vol. 38, No. 3, 2003

Disconnect: The 1988 Brazilian Constitution, Customary International Law, and Indigenous Land Rights in Northern Brazil
I. INTRODUCTIONFederal policy in Brazil called for the full demarcation1 of traditional indigenous lands by October 5, 1993.2 As of December 2001, with the help of the 1988 Constitution3 and ten significant years of international attention and pressure,...
Emergence from the Dilemmas of Justice Reform
I. INTRODUCTIONA. InspirationFor nearly ten years as an academic expert and adviser in several countries (mainly in the Near1 and Far East2), I have observed the practical operation of several judicial systems, the profound problems they encounter, and...
Experiences from the WTO Appellate Body
I. INTRODUCTIONOne of the best experts of World Trade Organization (WTO) law, Professor Thomas Cottier, has observed recently:The WTO is the most advanced laboratory of contemporary international law. It combines two unique features. First, a rule-making...
Foreword: Globalization of the Judiciary
On September 5 and 6, 2002, the Texas International Law Journal hosted an international symposium on the globalization of the judiciary. The first day dealt with the phenomenon commonly referred to as "judicialization of international law." "Judicialization"...
International Judicial Negotiation
In the interests of comity, one [court] or other must give way. I wish that we could sit together to discuss it.1Lord Denning, MRI. INTRODUCTIONThis article explores a type of judicial activity that has existed for some time and is growing in importance...
Judicial Dialogue and the Cross-Fertilization of Legal Systems: The European Court of Justice
I. INTRODUCTIONIn view of the discussion, at this conference, of comparisons between the European Union and the United States, I should like to emphasize that there are great similarities, but also profound differences, between the two systems. These...
Judicial Globalization: New Development or Old Wine in New Bottles?
I. INTRODUCTIONIn the last few years a number of articles have been published in American law journals on what has been called judicial globalization.1 That term is used to describe the phenomenon of high court judges (whether international, regional,...
Judicialization and Globalization in the North American Free Trade Agreement
I. INTRODUCTIONThe North American Free Trade Agreement (NAFTA) creates a new set of international tribunals with significant powers in areas traditionally reserved to domestic law. However, the experience under NAFTA has been one of globalization with...
No Badges, No Bars: A Conspicuous Oversight in the Development of an International Criminal Court
Article IThe CourtAn International Criminal Court (the Court) is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred...
State Supreme Courts: Local Courts in a Global World
I. INTRODUCTIONThe interrelationship between the federal and state courts is one of the most arcane and yet most fascinating aspects of the American experiment. After more than twenty years as a state judge, I remain amazed by how hard both Congress...
The European Court of Human Rights and Its Recent Case Law
I. INTRODUCTIONIt is a great honor for me to participate in this Symposium on behalf of the European Court of Human Rights. Judge Luzius Wildhaber, the President of our Court, was unable to attend the meeting and has asked me to convey his best greetings...
The International Criminal Court and the Limits of Global Judicialization
I. INTRODUCTIONThe increased resort to international courts to deal with human rights violations has become a key fact of life in two regions of the world. In Europe and in Latin America, which have well-established and well-functioning regional human...
The New Dispute Settlers: (Half) Truths and Consequences
I. INTRODUCTIONNot long ago, at a conference not unlike this one on "The Proliferation of International Judicial Bodies" at New York University, it was suggested that the "enormous expansion and transformation of the international judiciary" at the end...
The Trouble with Global Constitutionalism
I. INTRODUCTIONIt is becoming more and more obvious that those of us who study the American structural constitution need to broaden our horizons. There are a lot of reasons for this. One is the longstanding-if also long-neglected-value of comparative...