Michigan Journal of International Law最新文献

{"title":"The Italian Constitutional Court and the Relationship Between the Italian Legal System and the European Community","authors":"M. Cartabia","doi":"10.5040/9781472561909.ch-004","DOIUrl":"https://doi.org/10.5040/9781472561909.ch-004","url":null,"abstract":"","PeriodicalId":331401,"journal":{"name":"Michigan Journal of International Law","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121806523","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Place of Law in Collective Security","authors":"M. Koskenniemi","doi":"10.5040/9781472565587.ch-003","DOIUrl":"https://doi.org/10.5040/9781472565587.ch-003","url":null,"abstract":"fashion in which \"collective security\" has often been portrayed. However, the theses are also limited. They operate with a very narrow notion of \"rule-application\" and fail to see to what extent their determining concepts such as \"interest,\" \"power,\" or \"security\" are themselves defined and operative within a normative context. Realism receives its strength from its focus on empirical-instrumental questions such as \"what happened?\" or \"what can be made to happen?\" But it avoids posing normative questions such as \"what should happen?\" or \"what should have happened?\" Or more accurately, Realism deals with the latter set of questions on the basis of its responses to the former. Having committed itself to a descriptive sociology of the international world characterized by the struggle for \"power\" by \"states\" in the pursuit of \"national interests,\" Realism marginalizes normative questions into issues of \"ethics,\" oscillating between the private (and thus inscrutable) morality of individual statesmen and the public morality of states in which it seems necessary sometimes to dirty one's hands in order to prevent the system's collapse into anarchy. Realism is avowedly instrumentalist, that is, concerned with the effects of particular policies on the world. However, its instrumentalism is not that of the situated participant but that of the external observer, the rational calculator, the theorybuilder. To the external observer, the statesmen and states are atomistic subjects, equipped with a predetermined bag of interests or \"values,\" standing outside the international polity on which they seek to employ various diplomatic, economic, and military management techniques. However, since the basic tenents of its sociology turn out to be normatively loaded, Realism seems compelled to defend itself on normative terms: one's \"security\" will appear as another's domination, one's \"intervention\" as another's \"protection of sovereignty.\"38 In this debate, there is no privileged realm of pure description. A. The Normative in the Empirical The interpretative thesis argued that legal or political principles \"are not sufficient to explain either the past history of collective security or the course of events in the Gulf. '39 The determinant factors in recent Council actions were not Charter provisions or international law, but the new rapport between the United States and the Soviet Union/Russia, the strategic and economic significance of Kuwait to the Western allies, and 38. For this latter theme, see Cynthia Weber's collapsing of the two apparent opposites into a single term she refers to as \"sovereignty-intervention,\" a term which can characterize any conceivable inter-state relationship. CYNTHIA WEBER, SIMULATING SOVEREIGNTY: INTERVENTION, THE STATE AND SYMBOLIC EXCHANGE 123-27 (Cambridge Stud. Int'l Rel. No. 37, 1995). 39. Hurrell, supra note 2, at 49. Winter 19961 Michigan Journal of International Law so on. I have no great problem with this thesis. It opens a cri","PeriodicalId":331401,"journal":{"name":"Michigan Journal of International Law","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116821955","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Bordering Capabilities versus Borders: Implications for National Borders","authors":"S. Sassen","doi":"10.1057/9781137468857_2","DOIUrl":"https://doi.org/10.1057/9781137468857_2","url":null,"abstract":"","PeriodicalId":331401,"journal":{"name":"Michigan Journal of International Law","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122603416","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Trade-Based Solutions for Revitalizing Post-Conflict Economies","authors":"Ryan Migeed","doi":"10.36642/mjil.44.3.trade","DOIUrl":"https://doi.org/10.36642/mjil.44.3.trade","url":null,"abstract":"International trade improves efficiency in home markets, creates new sources of demand for domestic industries, and boosts worker productivity. However, some types of trade are better than others for reviving the economies of countries emerging from internal or international armed conflicts. This note evaluates existing trade mechanisms that ostensibly help developing countries but fail to actually do so. It ultimately recommends the use of investor-state partnerships over trade-based mechanisms as the appropriate tool for improving the economies of post-conflict states. Part I evaluates a number of these existing trade mechanisms, including preferential trade agreements and the General System of Preferences. Part II raises two problems unique to post-conflict countries that must be factored into any analysis of how to best help their economies: aid dependency and resource dependency. Part III undertakes several historical comparisons to examine the effects of these measures in practice. It offers a set of brief case studies into postwar reconstruction efforts in Germany and Japan after World War II and Iraq after the First Gulf War. Finally, Part IV distills the lessons learned from these inquiries and presents “build-operate-transfer” schemes as the “ideal” way to boost tradable goods sectors in post-conflict countries and ensure that funds used to do so are directed to their purposes effectively and efficiently.","PeriodicalId":331401,"journal":{"name":"Michigan Journal of International Law","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128741472","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Identifying Fundamental Breach of Article 25 and 49 of the CISG: The Good Faith Duty of Collaborative Efforts to Cure Defects - Make the Parties Draw a Line in the Sand of Substantiality","authors":"Yasutoshi Ishida","doi":"10.36642/mjil.41.1.identifying","DOIUrl":"https://doi.org/10.36642/mjil.41.1.identifying","url":null,"abstract":"Article 49(1) of the CISG allows buyers of international goods to avoid their sales contracts “if the failure by the seller to perform . . . amounts to a fundamental breach.” A breach is “fundamental,” as defined by CISG article 25, when it causes the buyer such detriment “as substantially to deprive him of what he is entitled to expect under the contract.” This definition is followed by the so-called “foreseeability test,” an “unless” clause that excepts the situation where “the party in breach did not foresee[,] and a reasonable person of the same kind in the same circumstances would not have foreseen[,] such a result.” There are two long-standing and daunting problems in the interpretation of article 25. The first problem lies in the foreseeability test. The second problem lies in how “substantially deprived” the buyer must be for the seller’s breach to become fundamental.\u0000\u0000This article attempts to provide parties and judges with an alternative solution to interpreting articles 25 and 49: Determining the existence of a fundamental breach by evaluating the success of the parties’ own attempts to cure. In analyzing this solution, this article argues that article 7(1)’s good faith requirement obliges the parties to collaboratively attempt to cure. Thus, where a buyer fails to meet her good faith obligations to cure, there is no fundamental breach, disincentivizing buyers from opportunistic avoidance. But where the seller fails to meet his good faith obligations to cure (or makes good faith efforts but does not succeed), there is a fundamental breach that permits avoidance. This incentivizes sellers to right their deliveries, and it correctly allows buyers to avoid contracts where they cannot get any other relief. This theory, therefore, replaces an irrational test with a rational one. Because it allows avoidance only where societally and economically beneficial, it should be of much use to courts and parties alike than the former foreseeability test.","PeriodicalId":331401,"journal":{"name":"Michigan Journal of International Law","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121272732","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Fractured Soul of the Dayton Peace Agreement: A Legal Analysis","authors":"F. N. Aoláin","doi":"10.4324/9781315203812-11","DOIUrl":"https://doi.org/10.4324/9781315203812-11","url":null,"abstract":"","PeriodicalId":331401,"journal":{"name":"Michigan Journal of International Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122449291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Shedding New Light on Multinational Corporations and Human Rights: Promises and Limits of “Blockchainizing” the Global Supply Chain","authors":"Chang-hsien Tsai, Ching-Fu Lin","doi":"10.36642/mjil.44.1.shedding","DOIUrl":"https://doi.org/10.36642/mjil.44.1.shedding","url":null,"abstract":"Over the last few decades, advances in transportation and production technology, in conjunction with economic globalization and the emergence of multinational corporations, have consolidated fragmented production processes into long and complex supply chains across jurisdictions. While there are benefits to such global supply chains (“GSCs”), the prevalence of human rights violations attributable to information asymmetry, as well as rule of law gaps between different jurisdictions, has been a constant challenge. Modern slavery, child abuse, harsh working conditions, low wages, and other problems have reoccurred in the factories of upstream suppliers in the global South and have been systemically ignored by buyers in the global North. As such, how to alleviate human rights abuses along GSCs is indeed a daunting problem.\u0000\u0000Today, various public, private, and hybrid approaches have been designed and implemented at different levels by different actors to address GSC human rights challenges, such as the United Nations’ Guiding Principles on Business and Human Rights (“UNGPs”), the Organization for Economic Co-operation and Development’s (“OECD”) Guidelines for Multinational Enterprises, the United Kingdom’s Modern Slavery Act, the United States’ Dodd-Frank Act, the Responsible Business Alliance Codes of Conduct, and the Social Accountability 8000 International Standard. However, these public, private, and hybrid governance mechanisms have grown more ineffective and inefficient due to—again—information asymmetry, and rule of law gaps. A stronger approach that is premised upon transparency and traceability in the GSC is urgently needed.\u0000\u0000To fill these gaps, the recent emergence of distributed ledger technologies (commonly referred to as blockchain) may offer a promising disintermediation step toward a “technological fix” to GSCs’ human rights challenges. To assess such a possibility from both a theoretical and a practical perspective, we first examine in Section II the characteristics, benefits, and cross-border spillover effects of GSCs, as well as human rights violations by multinational corporations and their power and responsibilities. Section III illuminates the ineffectiveness of existing governance models and regulatory measures, at both the international and national levels, and identifies information asymmetry and rule of law gaps as fundamental flaws. This finding leads us to examine the extent to which blockchain can serve as a governance tool along GSCs. Section IV discusses how the key features of blockchain—transparency, traceability, data consistency and security, authenticity, and completeness—can alleviate problems of information asymmetry, rule of law gaps, and corporate compliance along GSCs, further helping to ameliorate transnational human rights issues. Nevertheless, while “blockchainizing” GSCs seems to have the potential to overcome challenges of public and private governance, some normative and technical limits and risks remain t","PeriodicalId":331401,"journal":{"name":"Michigan Journal of International Law","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126656240","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Resolving Economic Disputes in Russia's Market Economy","authors":"K. Halverson","doi":"10.4324/9780203495438","DOIUrl":"https://doi.org/10.4324/9780203495438","url":null,"abstract":"","PeriodicalId":331401,"journal":{"name":"Michigan Journal of International Law","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132170924","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Higher Authority: Canada’s Cannabis Legalization in the Context of International Law","authors":"A. Eliason, R. Howse","doi":"10.36642/mjil.40.2.higher","DOIUrl":"https://doi.org/10.36642/mjil.40.2.higher","url":null,"abstract":"Part I of this Article provides an overview of some of the key terms and provisions of Canada’s Cannabis Act. Part II looks at the Cannabis Act in the context of the International Drug Conventions, examining how the various convention provisions might apply, looking first at the Single Convention and then at the 1988 Convention and how that convention fits with Canadian constitutional provisions. Part III focuses on the international human rights framework and how the Cannabis Act might be viewed as compatible with international human rights law even where incompatible with the International Drug Conventions. This Part also offers a look at some of the cannabis-related human rights jurisprudence that arose in various jurisdictions. Finally, Part IV analyzes the Cannabis Act in light of the international economic law framework, providing an in-depth overview of how various WTO provisions might affect the Cannabis Act as drafted.","PeriodicalId":331401,"journal":{"name":"Michigan Journal of International Law","volume":"2015 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121479875","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"State-Centered Refugee Law: From Resettlement to Containment","authors":"T. Aleinikoff","doi":"10.1525/9780520341234-016","DOIUrl":"https://doi.org/10.1525/9780520341234-016","url":null,"abstract":"","PeriodicalId":331401,"journal":{"name":"Michigan Journal of International Law","volume":"226 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122852587","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}