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作者：Deeks, Ashley S.
作者单位：University of Virginia
摘要：Many celebrate international law as a way to compel states to protect human rights. Often it serves this role. But sometimes it has the reverse effect: states use international agreements to circumvent individual rights in domestic law. For example, the United States reportedly, relied on Italy's consent to render a terrorist suspect from the streets of Milan into secret detention. Pakistan seems to have authorized U.S. lethal striker against Al Qaeda members without regard to rights protectio...
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作者：Suri, Manik V.
作者单位：Harvard University
摘要：Immanuel Kant's 1795 essay, To Perpetual Peace: A Philosophical Sketch (Zum ewigen Frieden), established a concept of cosmopolitan law as the nemesis of war, instilling in generations of thinkers and practitioners a vision of a world without conflict. Kant's paradigm posited that republican constitutions, a commercial spirit of international trade, and a federation of interdependent republics would provide the basis for a perpetual peace amongst states bound together under international law. Y...
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作者：Lockwood, Natalie J.
作者单位：Harvard University
摘要：This Article examines the widely practiced-and widely ignored phenomenon of international vote buying among states, that is, conduct whereby states offer material benefits to other states in exchange for their votes or decisions in international institutions. Domestically, such behavior would be patently illegal as bribery or election fraud. Yet under international law, it is both legal and relatively routine. Should this be so? Is vote buying corruption, or an acceptable feature of internatio...
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作者：Brewster, Rachel
作者单位：Duke University
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作者：Land, Molly
摘要：This Article presents the first in depth analysis of Article 19 of the International Covenant on Civil and Political Rights as it applies to new technologies and uses this analysis to develop the foundation for an international law of the Internet. Although Article 19 does not guarantee a right to the Internet per se, it explicitly protects the technologies of connection and access to information, and it limits states' ability to burden content originating abroad. The principles derived from A...
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作者：Ritwik, Ankita
作者单位：Harvard University
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作者：Paz, Moria
作者单位：Stanford University
摘要：Major international legal instruments commit international law to protect language rights absolutely, irrespective of counter-pressures toward linguistic uniformity. This unconditional commitment to language rights is echoed in the writings of prominent human rights scholars, who argue that language is a constitutive element of cultural identity. This article contrasts the ideals of language rights with the actual record of their enforcement. It presents a detailed analysis of the 133 cases th...
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作者：Elkins, Zachary; Ginsburg, Tom; Simmons, Beth
作者单位：University of Chicago; Harvard University
摘要：This Article examines the adoption of rights in national constitutions in the post-World War II period in light of claims of global convergence. Using a comprehensive database on the contents of the world's constitutions, we observe a qualified convergence on the content of rights. Nearly every single right has increased in prevalence since its introduction, but very few are close to universal. We show that international rights documents, starting with the Universal Declaration of Human Rights...
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作者：Shill, Gregory H.
摘要：Recent multi-billion-dollar damage awards issued by foreign courts against large American companies have focused attention on the once-obscure, patchwork system of enforcing foreign-country judgments in the United States. That system's structural problems are even more serious than its critics have charged. However, the leading proposals for reform overlook the positive potential embedded in its design. In the United States, no treaty or federal law controls the domestication of foreign judgme...
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作者：Mann, Itamar
作者单位：Yale University
摘要：Systematic violations of the rights of unauthorized migrants on the fault lines between developed and developing countries expose the dialectic of transnationalism, a dynamic that occurs when both policy and judicial review go transnational. Three concurrent patterns define the dialectic: First, executive and judicial networks are bifurcated from each other, producing significant policies beyond the reach of judiciaries. Second, judiciaries exacerbate their bifurcation front policymaking throu...
