Chayes, Ehrlich, Lowenfeld: International Legal Process: Materials for an Introductory Course

A Review of International Legal Process: Materials for an Introductory Course (2 vols. with supp.) by Abram Chayes, Thomas Ehrlich, and Andreas Lowenfel

Ted Stein: A Personal Tribute

Ted Stein was my student, colleague, collaborator, and friend. He was among the most impressive of the younger American scholars in the field of international law. I remember him as a student, hardly a decade ago. Like many entering law students, then and now, with undergraduate backgrounds in international relations, he professed an interest in international law. Usually that means an interest in being Secretary of State, and it fades quickly as the process of professional socialization takes over. Not for Ted. His interest was a commitment that led him first to an editorial position on the Harvard International Law Journal, then to a term in the State Department\u27s Office of Legal Adviser, and ultimately to what should have been a long life\u27s work of teaching and scholarship in international law

No Final Victories: The Incompleteness of Equity’s Triumph in Federal Public Law

Prominent areas in which the US Supreme Court has denied equitable relief are examined, demonstrating the limited nature of equity\u27s triumph in federal public law. The rationale behind the trend away from equity in such decisions is discussed

Mental Disease and Criminal Responsibility-M\u27Naghten Versus Durham and the American Law Institute\u27s Tentative Draft

On April 5, 1957 a Conference Panel discussion on Mental Disease and Criminal Responsibility was held at the Harvard Law School during the annual meeting of the First and Second Circuits of the American Law Student Association. The participants were Professor Abram J. Chayes, Harvard, who had assisted in the preparation of the Durham opinion and who presented that view; Professor Herbert Wechsler, Columbia, Chief Reporter of the American Law Institute\u27s Model Penal Code, who presented that view; and Professor Jerome Hall, Indiana, who presented the M\u27Naghten view. Professor Louis L. Jaffe, Harvard, presided. Unfortunately, Professor Chayes\u27 and Professor Wechsler\u27s discussions were not available for publication. The following is Professor Hall\u27s discussion, prepared from a tape recording at the Conference. Excerpts from the Durham decision and the American Law Institute\u27s Tentative Draft are included after Professor Hall\u27s introductory remarks and he has added some footnotes to clarify the context of his discussion.

Why we should see international law as a structure: Unpicking international law’s ontology and agency

This article identifies how three dominant ideas of international law (as a process, an institution and a practice) see its agency, concluding that all three share a reluctance to see international law as doing anything more than enabling the operation of other actors, forces or structures. This article argues that we should see international law as a structure because it possesses both the surface structure of rules, principles, processes, personnel and material elements of the international legal system and a deep structure of values that sits deep within our subconscious. As Shklar’s idea of legalism shows us, legalism plays a powerful role in shaping all our understandings of ourselves and the world that surrounds us. Seeing international law as a structure enables us to see how it locates actors within a social hierarchy and how it behaves in similar ways to recognised structures like capitalism and racism

Non-Compliance Terhadap Konvensi ILO Oleh Pemerintah Yordania : Studi Kasus Pekerja Anak Pengungsi Suriah

Jordan is a host country for Syrian refugees despite the fact that they have not ratified the 1951 Refugee Convention. The high cost of living and the difficulty of obtaining legitimate employment in Jordan encouraging of child labor cases from Syrian refugees who are vulnerable to exploitation. In this case, Jordan has actually ratified the ILO Convention on child labor, but there are still many illegal displaced child laborers. This study aims to describe the attitude of non-compliance Jordan in adopting ILO convention. In this study, the authors use the concept of non-compliance of the theory of the international regime to explain that the state is not always willing to comply with international instruments that have been agreed. The research method used is qualitative which is done by collecting and analysing data, to find out the reason behind Jordanian non-compliance even though the government has ratified ILO Conventions. In this study, factors that resulted in the attitude of non-compliance of Jordan, such as the ambiguity of the interpretation of the ILO's Conventions by the Jordanian government, the limited capability of the state, and the influence of the temporal dimension in the country