Chicago Journal of International Law

A biannual journal focusing on international law and policy issues.

Articles from Vol. 1, No. 1, Spring

A Compararative Look at the Rule of Law in the European Constitution, by Maria Luisa Fernandez Esteban, and the Constitution of Europe: Do the New Clothes Have an Emperor? and Other
BOOK NOTES Kluwer Law International 1999 Cambridge 1999 How unified is Europe today? How unified will Europe become? These questions underlie two recent books, The Rule of Law in the European Constitution by Maria Luisa Fernandez Esteban and The Constitution...
American Advice and New Constitutions
The early 1990s were among the most extraordinary periods for constitution-- making in the history of the world. Several people at the University of Chicago Law School played a role in this period, mostly as observers, to some small degree as participants....
Benign Hegemony? Dosovo and Article 2(4) of the U.N. Charter
INTRODUCTION 1. UN Charter Art II (1945),59 Star 1031, Treaty Set No 993 (1945). The 1999 U.S.-led, NATO-assisted air strike against Yugoslavia has been extolled by some as leading to the creation of a new rule of international law permitting nations...
Cartering for Israeli-Palestinian Peace
I was on the White House lawn for the first time, cradling the final documents. Presidential adviser George Stephanopoulos asked me why I was holding up an internationally televised signing ceremony. For months Israeli and Palestinian negotiators had...
Diffusion and Focus in International Law Scholarship
Although the advent of the Chicago Journal of International Law is a welcome event, that fact may not be obvious to all followers of international legal scholarship. After all, there are well more than seventy international law journals already being...
EC Company Law
EC Company Law Vanessa Edwards Clarendon Press 1999 The European Council and Commission issues directive orders regulating every member nation of the European Union. The Commission must often proceed carefully, not only to protect national sovereignty,...
Essays on the Nature of International Trade Law
Essays on the Nature of International Trade Law Robert E. Hudec Cameron May 1999 Well-known international trade law scholar Robert E. Hudec has recently compiled several of his essays from the last thirty years. The resulting book, Essays on the Nature...
Gaps in International Legal Literature
I. INTRODUCTION Once upon a time in Minnesota, a student approached a neophyte foreign and international law librarian, and asked for legal resources on the rights of gays in the military in Europe. After much searching, the librarian found hardly any...
I Hate International Law Scholarship (Sort Of)
ESSAYS I loathe international law scholarship for much the same reasons David Byrne hates world music. Music might seem an odd pairing with international law. And certainly David Byrne (rock musician, member of the former band, "Talking Heads," and now...
International Law and International Relations: Together, Apart, Together?
In 1982, I edited a volume on international regimes, a term that was just coming into wider usage in the field of international relations and which had some currency in international law.1 Most of the contributions to the volume, which dealt with a number...
International Law / Intercultural Relations
PERSPECTIVES New Zealand Government is a great place to work if you're interested in public policy. Our Westminster system of government means that it is generally possible to get things done in a more coherent, less "adulterated" form than in the U.S....
International Legal Scholarship at the Millennium
The beginning of a new journal is always a moment of great promise and expectation, and the start of The Chicago Journal of International Law is no exception. The decision to launch an international law journal at this time no doubt reflects both a widespread...
Judging War Crimes
I. SOME BACKGROUND In November 1999, after twenty years as a judge on the United States Court of Appeals for the District of Columbia Circuit, I began serving as a judge on the International Criminal Tribunal for the Former Yugoslavia ("ICTY"). The ICTY...
Sheriff or Prisoner? the United States and the World Trade Organization
One might think that the recent fiasco in Seattle put an end to the claim that globalization and U.S. hegemony amount to the same thing. The United States advanced itself as the host of the World Trade Organization ("WTO") ministerial meeting to identify...
Speaking Law to Power: Popular Sovereignty, Human Rights, and the New International Order
ARTICLES Hegemony is a concept of political power. It speaks to a global order structured by asymmetries of power. Modern law, in contrast, begins with an idea of equality among subjects. For domestic law, this is an equality among individuals; for international...
The Dogs That Didn't Bark: Why Were International Legal Scholars MIA on Kosovo?
When they can, people like to analogize a seemingly obvious, but unnoticed point to Sir Arthur Conan Doyle's Sherlock Holmes story of the dog that didn't bark.1 In the story, Holmes deduced a murderer's identity because a guard dog failed to bark at...
The Historical Turn in the Constitutional Law of Foreign Relations
This essay analyzes the historical turn in the constitutional law of foreign relations. As background, I begin with some assertions about the historical turn in constitutional law scholarship generally. These introductory comments deserve more extensive...
The Human Rights Act 1998 What It Means: The Incorporation of the European Convention on the Humans Rights in the Legal Order of the United Kingdom
The Human Rights Act 1998 What it Means: The Incorporation of the European Convention on the Humans Rights in the Legal Order of the United Kingdom Lammy Beron ed. Kluwer Law International 1998 In 1950, eight European states signed the European Convention...
The Plight of Academic International Law
When I entered the academic world almost twenty years ago, one of my objectives was to change the way public international law was taught, and more generally how it was understood by the wider community of academics and practitioners. The subject as...
The Profession, the Public, and International Law
In the fall of 1976, Richard R. Baxter, the Manley O. Hudson Professor of International Law at Harvard Law School, gave an address entitled "The Current Science of International Law in the United States Today."1 In a portion of the speech relevant to...
The State and Economic Globalization: Any Implications for International Law?
States today confront a new geography of power.' The associated changes in the condition of the state are often described as an overall decline in the state's significance, especially the decline in its regulatory capacities. Economic globalization,...
The Use of Armed Force against Terrorism: American Hegemony of Impotence?
Let our actions today send this message loud and clear: There are no expendable American targets; there will be no sanctuary for terrorists; we will defend our people, our interests and our values; we will help people of all faiths in all parts of the...
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