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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...
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作者：Boehm, Joshua L.
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作者：Heller, Kevin Jon
摘要：Article 17 of the Rome Statute prohibits the International Criminal Court (ICC) from pre-empting a national prosecution of an act that qualifies as a war crime, crime against humanity, or act of genocide unless the State is unwilling or unable genuinely to carry out that prosecution itself. Scholars have long debated to what extent Article 17 permits states to prosecute international crimes as ordinary crimes. Proponents of the hard mirror thesis argue that such prosecutions never satisfy the ...
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作者：Sloss, David L.
作者单位：Santa Clara University
摘要：The Supreme Court's 2008 decision in Medellin v. Texas unleashed a flood of new scholarship on the doctrine of self-executing treaties. Unfortunately, the entire debate has been founded on two erroneous assumptions. First, courts and commentators have assumed that self-execution is a treaty interpretation question. Second, they have assumed that the modern doctrine of self-execution is essentially the same as the doctrine articulated by Chief Justice Marshall in his seminal opinion in Foster v...
