Tulane University Journal Publishing
Not a member yet
2980 research outputs found
Sort by
On Global Constitutionalism’s Philosophical and Biopolitical Significance: The Case of Implied Legal Principles and Rules
Get PDFGlobal constitutionalism is a scholarly agenda characterized by a positive and normativecomponent—the former taking the form of positive inquiry, the latter of normative thinking.Delving into this double-feature essence, this Article argues that global constitutionalism has aphilosophical and biopolitical significance that escapes the rationalist purview of positive analysis.For the very same reason, however, an engagement with this “surplus” might benefit its normativepotential. The Article shows this by drawing from the view which understands phenomenology asthe negative (i.e., normative and non-positive) analytical method of philosophy conceived asontology. More particularly, it shows that globalist discourse’s philosophical and biopoliticalsignificance can be grasped through a postnational phenomenology of authority and sovereignty’ssupra-logical negativity centred around the functioning of implied (i.e., negative and non-posited)legal principles and rules on the global and transnational scale. Using global constitutionalism’s“domestic analogy” against itself, it sets out the conditions under which the operativity of suchprovisions creates a postnational “space” in which the modern secularisation of naked/bare life andpolitical/public existence that Giorgio Agamben assigns to the negativity of the modern nationstate’sconstituting process recurs
Paji? v. Croatia: The European Court of Human Rights Continues the Incremental Trend Towards Equal Legal Recognition of Same-Sex Couples
No full textN/
Corporate Liability for International Crimes: A Matter of Legal Policy Since Nuremberg
Get PDFThis Article addresses the question whether, at this point, there exists sufficient basis toconclude that holding corporations liable for international crimes before a permanent internationaltribunal is not only legally sound, but also the most suitable response to an impunity gap that hasnot yet been fully addressed by civil liability mechanisms and domestic jurisdictions. Part IIhighlights the normative and operational problems that prevent civil remedies from being asufficiently adequate response to corporate involvement in the perpetration of international crimes.Part III analyzes the current trend towards the recognition of corporate criminal liability in differentjurisdictions and how this could arguably be regarded as an early stage in the consolidation of acustomary norm. Part IV makes the case for the recognition of corporate criminal liability at theinternational level in light of the developments that have taken place in the field since theNuremberg Trials
Who’s on the Hook? (And Who Can Afford the Hook Anyway?): Responding to Customs and Border Protection’s Requests for Factual Information: Responsibilities, Burdens, and Consequences
Get PDFN/
No Reservations: A Proposal To Streamline Calendar Practice in the United States Court of International Trade
Get PDFThe Reserve Calendar of the United States Court of International Trade has long been thebane of litigants and the court alike. At best, it burdens the bar to draft, the government to review,the clerk to grant, and the plaintiffs to fund motion practice that does nothing more than toperpetuate a status quo that, but for the calendar deadlines, would remain undisturbed; at worst,plaintiffs and the government may engage in extended briefing and argument before the courtconcerning relatively banal issues, an effort that distracts from the substance of the case, drags outresolution of the dispute, and needlessly increases litigation costs and expends judicial resources.In many ways, the current Reserve Calendar is anathema to Rule 1 of the court, which explains thatthe rules “should be construed and administered to secure the just, speedy, and inexpensivedetermination of every action and proceeding.” 1But there is one simple cure for the Reserve Calendar: to eliminate it. The historicalreasons for the Reserve Calendar no longer exist, and time has shown that the Reserve Calendar ismore trouble than it is worth. To accomplish this reform, this Article proposes amendments to thecourt’s rules guiding the entire calendar system by consolidating the Reserve, Suspension, andSuspension Disposition Calendars into a single calendar governing all affected actions
The Constitutionality and Advancement of International Humanitarian Ideals in Libya by NATO and United States’ Operations Odyssey Dawn and Unified Protector
Get PDFN/
International Child Abduction and Courts’ Evolving Considerations in Evaluating the Hague Convention’s Defenses To Return
Get PDFN/
The Cultural Wealth of Nations in International Law
Get PDFInternational cultural law has emerged as the new frontier of international law. Governingcultural phenomena in their various forms, international cultural law includes extremely diversecomponents and constitutes a good example of legal pluralism. International cultural law has beenapproached in a fragmented fashion, adopting a variety of perspectives, methods, and finalities.This Article aims at defining international cultural law as an emerging field of study and mappingits current contours by systematising the state of art and clarifying its substantive focus (the culturalwealth of nations), analytical tools (theoretical and legal paradigms), and normative underpinnings.This Article contributes to the existing literature on international cultural law, adding a systematicconceptualisation and overview of the same and identifying key themes and emerging challenges