The ambivalent shadow of the pre-Wilsonian rise of international law

The generation of American international lawyers who founded the American Society of International Law in 1906 and nurtured the soil for what has been retrospectively called a “moralistic legalistic approach to international relations” remains little studied. A survey of the rise of international legal literature in the U.S. from the mid-19th century to the eve of the Great War serves as a backdrop to the examination of the boosting effect on international law of the Spanish American War in 1898. An examination of the Insular Cases before the US Supreme Court is then accompanied by the analysis of a number of influential factors behind the pre-war rise of international law in the U.S. The work concludes with an examination of the rise of natural law doctrines in international law during the interwar period and the critiques addressed.by the realist founders of the field of “international relations” to the “moralistic legalistic approach to international relation

Reframing Kurtz’s Painting: Colonial Legacies and Minority Rights in Ethnically Divided Societies

Minority rights constitute some of the most normatively and economically important human rights. Although the political science and legal literatures have proffered a number of constitutional and institutional design solutions to address the protection of minority rights, these solutions are characterized by a noticeable neglect of, and lack of sensitivity to, historical processes. This Article addresses that gap in the literature by developing a causal argument that explains diverging practices of minority rights protections as functions of colonial governments’ variegated institutional practices with respect to particular ethnic groups. Specifically, this Article argues that in instances where colonial governments politicize and institutionalize ethnic hegemony in the pre-independence period, an institutional legacy is created that leads to lower levels of minority rights protections. Conversely, a uniform treatment and depoliticization of ethnicity prior to independence ultimately minimizes ethnic cleavages post-independence and consequently causes higher levels of minority rights protections. Through a highly structured comparative historical analysis of Botswana and Ghana, this Article builds on a new and exciting research agenda that focuses on the role of long-term historio-structural and institutional influences on human rights performance and makes important empirical contributions by eschewing traditional methodologies that focus on single case studies that are largely descriptive in their analyses. Ultimately, this Article highlights both the strength of a historical approach to understanding current variations in minority rights protections and the varied institutional responses within a specific colonial government

Language of Lullabies: The Russification and De-Russification of the Baltic States

This article argues that the laws for promotion of the national languages are a legitimate means for the Baltic states to establish their cultural independence from Russia and the former Soviet Union

Enhanced Water Quality Protection in Florida: An Analysis of the Regulatory and Practical Significance of an Outstanding Florida Water Designation

The Outstanding Florida Water (OFW) designation is the highest protection offered to a body of water by the state of Florida and is available only to those waters whose “natural attributes” warrant it. An OFW designation provides that water body with an antidegradation standard for certain activities affecting its water quality. Ordinarily, waters in Florida must meet the criteria established by rule for their respective class of water (based on the Florida water body classification system), regardless of existing water quality. Once a water body is designated as an OFW, however, a baseline water quality standard is set based on the ambient water quality of that particular water body. Because the OFW water quality standard may be higher than the rule-based water quality classification criteria, regulated activities that may affect the OFW are subject to additional scrutiny by regulatory agencies. In addition, those activities not necessarily occurring within an OFW, but that may “significantly degrade” an OFW, are subject to heightened scrutiny. The ability of current OFW regulation to fulfill the legislative intent behind the OFW designation remains uncertain. Judicial and administrative case law addressing OFWs provide little clear guidance in interpreting the statutory standards for the issuance of permits in or affecting OFWs, especially the “clearly in the public interest” standard. The Florida Department of Environmental Protection (FDEP) should consider adopting for the OFW Program the type of public interest benefits/costs balancing test currently provided for in Aquatic Preserves Program rules. This test creates a discernible distinction between the public interest standard for submerged lands activities that are within aquatic preserves as opposed to those occurring outside of the preserves. The effect of the OFW designation on water quality parameters subject to a narrative standard (nutrients), and on water quality parameters that are not currently established by rule (e.g. emerging pathogens of concern) has not been established. In addition OFWs do not appear to enjoy any special consideration as designated uses subject to impaired waters restoration. The definitions of non-degradation and of ambient water quality for the purposes of OFW designation should be amended to ensure that they contemplate degradation by contaminants other than the current rule–based list of water quality standards and criteria. The extent to which Best Management Practices (BMPs) for silviculture operations are sufficient to safeguard OFW water quality may require further research. In addition, the extent to which the OFW statute and rules recognize the ecological role and recreational value of riparian zones remains in question. This should be clarified by the FDEP