7,240 research outputs found

    In Honor of Professor Harold G. Maier

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    Among his many other significant accomplishments and career achievements, Professor Maier can count a singular experience which few in the field of international law are privileged to enjoy-that of spending a year as the Counselor on International Law at the U.S. Department of State in Washington, D.C. The Counselor occupies a senior position within the Office of the Legal Adviser. Organizationally, the incumbent reports to and works directly with the Legal Adviser and his Deputies in advising the Secretary of State and other senior officials on whatever fast-moving issues might occupy the foreign policy attention of the government at a given moment. Normally drawn from the ranks of the most gifted and respected up-and-coming academics in public international law, Counselors have in practice also served another important function-bringing fresh ideas and intellectual perspectives into the process of providing legal advice and counsel to the Department as a whole. In that regard, they have traditionally served as a valuable resource for the attorney advisers and Assistant Legal Advisers in the Office

    Keynote: What Does International Law Have to Do with International Development

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    Novel Perspectives on Due Process Symposium: A Commentary on Ingrid Wuerth\u27s \u3ci\u3eThe Due Process and Other Constitutional Rights of Foreign Nations\u3c/i\u3e

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    Are foreign States and governments (and their state-owned enterprises) “persons” for constitutional purposes? Do they—should they—have “due process” rights under the U.S. Constitution? Ingrid Wuerth’s thoughtful and thoroughly researched article addresses those important questions from both the historical and doctrinal perspectives and proposes an innovative approach to resolving the issues. The following commentary provides additional background and context, briefly tracing the origins and history of relevant U.S. case law and noting some of the practical implications of answering the questions affirmatively or negatively, particularly in light of the various exceptions to U.S. jurisdiction under the Foreign Sovereign Immunities Act. It provides an assessment of Wuerth’s analysis and offers some comments on the possible implications of her approach

    Private International Law, the Rule of Law, and Economic Development

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    The article discusses private international law as of July 2011, focusing on the principles of civil law systems, conflict of laws, and jurisdiction. The concept of international judicial assistance, as laid out by the Hague Conference on Private International Law, is also examined. The United Nations Commission on International Trade Law\u27s role as a leader in the field of international commercial arbitration is mentioned

    Human Rights, Terrorism and International Law

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    The Torture Convention and The Reception of International Criminal Law within the United States

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    The unanimous adoption of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by the United Nations General Assembly in 1984 reflected continuing international concern over the use of torture as an instrument of state policy and practice in many parts of the world.\u2

    Private International Law, the Rule of Law, and Economic Development

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    The article discusses private international law as of July 2011, focusing on the principles of civil law systems, conflict of laws, and jurisdiction. The concept of international judicial assistance, as laid out by the Hague Conference on Private International Law, is also examined. The United Nations Commission on International Trade Law\u27s role as a leader in the field of international commercial arbitration is mentioned
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