Chicago Journal of International Law

A biannual journal focusing on international law and policy issues.

Articles from Vol. 2, No. 2, Fall

A Framework for Non-Governmental Organisations in International Diplomacy
This comment on the role of Non-Governmental Organisations ("NGOs") in international relations is divided into two parts. First, it addresses the main theme of Kenneth Anderson's paper, and second, it looks at European attitudes on the subject. 1. THE...
Brussels I: A Race to the Top
On November 30, 2000, the European Union passed a law mandating that online sellers be subject to suit in all fifteen EU states when they sell over the Internet. The new law is an amendment to the 1968 Brussels Convention. Called Brussels I, it is scheduled...
Contextual Determinism and Foreign Relations Federalism
No doubt we are today trolling murky waters in matters involving the intersection of the domestic constitutional order and the global system.1 By way of evidence for the proposition, foreign relations law must now be counted among the hottest topics...
Federalism Values and Foreign Relations
In attacking the orthodox view of an exclusive, incontestable federal monopoly over foreign relations, Edward T. Swaine argues, revisionist scholars have so far failed to address the "ultimate challenge [of] locating new functions and values for the...
Free Trade, Sovereignty, Democracy: The Future of the World Trade Organization
1. INTRODUCTION The World Trade Organization ("WTO"), only six years old, faces two formidable challenges. First, it must mobilize support to confront determined and growing attacks from outside groups and individuals who proclaim that the organization...
Inside "L": Some Thoughts on the Office of the Legal Adviser
I have helped scour a foreign capital hours before a closing to assemble the twenty-one owners of a property we wanted to buy. I have litigated a million dollar case on my own. I have learned what "hak pakai" and "hak guna bangunan" are.1 I have seen...
International Law Advocacy and Its Discontents
Walter Russell Mead has recently observed that there are four fundamental strands of thought in US foreign policy.1 He has given these the provocative labels of the Jeffersonian, Hamiltonian, Jacksonian, and Wilsonian schools. At the risk of simplifying...
International NGOs, State Sovereignty, and Demorcatic Values
For centuries, international diplomacy was predominantly an affair of states. Neither private actors nor even parliaments had much influence on the goals that governments pursued abroad, the commitments they undertook, or the extent to which their behavior...
It Isn't Easy Being Green: Environmental Policy Implications for Foreign Policy, International Law, and Sovereignty
The world is shrinking. Increased interactions between nations, especially in the areas of trade and commerce, have led to an interwoven global community. At the same time, some actors on the world stage have confused this increased globalization as...
On the Balance between International Law and Democratic Sovereignty
I. INTRODUCTION The competition for authority between national sovereignty and international law has waxed and waned for centuries. Precursors to the modern nation-state rose to prominence in Europe by battling the Catholic Church, feudal suzerains,...
Problems with WTO Dispute Settlement
The open multilateral trading system that has been part of the international economic architecture of the last six decades has brought unparalleled growth and economic well-being to a larger proportion of the world than in any prior era. Those who care...
Prosecuting Genocide
The arrest of Slobodan Milosevic and his eventual trial before the International Criminal Tribunal for the Former Yugoslavia ("ICTY") certainly is a good thing for humankind. So too is the recent conviction of Bosnian Serb General Radislav Krstic for...
Sovereignty, Federalism, and the Identification of Local Environmental Problems
Terry Anderson and Bishop Grewell have recently argued that misplaced concerns about international environmental degradation have adverse effects on US foreign policy and US interests. Trade suffers and economic growth falters, thereby reducing resources...
Taking Pride in International Human Rights Litigation
Over the past 20 years, several dozen international human rights cases have been filed in US courts. Many have been dismissed; many are still pending. A small number have resulted in judgments against defendants accused of violations ranging from genocide...
The Costs of International Human Rights Litigation
International human rights litigation in US courts largely began in 1980, with the Second Circuit's decision in Filartiga v Pena-Irala.1 In Filartiga, two Paraguayans were allowed to sue a former Paraguayan police official for the torture and killing...
The Future of Offshore Tax Havens
Recently, the Organization for Economic Cooperation and Development ("OECD") issued a report targeting "harmful tax regimes"-preferential, low tax regimes that are primarily tailored to tap into the tax bases of other countries. The report, Towards Global...
The Limits of Pragmatism in American Foreign Policy: Unsolicited Advice to the Bush Administration on Relations with International Nongovernmental Organizations
I. INTRODUCTION: THE CONSERVATIVE PRAGMATIC MODEL OF INTERNATIONAL NGOs, OR, TEMPERING NGO EXTREMISM The attitude of the Bush administration with respect to the vast array of international nongovernmental organizations ("NGOs") that now populate the...
The Undersea World of Foreign Relations Federalism
Long before "Judge Wapner's Animal Court," commercial television broadcast a nature series perhaps equally relevant to the law-"The Undersea World of Jacques Cousteau." The show was popular because of what it revealed about a world still mysterious to...
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