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The Court of International Trade’s Treatment of the Political Question Doctrine: Placing Totes- Isotoner in the Context of the Court’s Recent and Anticipated Jurisprudence
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Agency Remands Before the United States Court of International Trade: Objectives and Obstacles
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Legal Comedy: A Study of Terence’s the Phormio
Get PDFLegal historians frequently rely on literary evidence to fill gaps left by a paucity of legaldocuments. Literature often supplies a “popular” view of law and legal institutions. This Articleprovides a legal commentary of the ancient Roman comedy, Phormio, written by Terence (circa. 186-159 B.C.). A troupe of actors first performed the Phormio in 161 B.C. Because Terence based hisplay on a Greek original, The Claimant, by Apollodorus of Carystus (a writer of New Comedy in thefirst half of the third century B.C.), the Article uses the text of Terence’s comedy in an effort to identifyand examine both Athenian and Roman law. Legal issues and legal references animate the entire play.In considering the Phormio, we gain legal insight by addressing two specific issues. First,because Terence based his play on an earlier Greek original, certain elements of the plot (some ofwhich include legal matters) are dictated by the Greek original. However, Terence was free to treatother elements (also including legal matters) more freely when they were not essential to the plotitself. Thus, some legal elements that are essential to the plot reflect Athenian law from the time ofthe Greek original (i.e., 300-250 B.C.), while other, nonessential elements may reflect the Romanlaw with which Terence was familiar (i.e., Roman law one hundred years later, 200-150 B.C.). Forexample, because marriage law is so vital to the plot, the laws relating to marriage in the Phormiomust surely be Athenian. But much of the casual dialogue—for example, the banter about the sonsand slaves, and the slave trade—may reflect Roman law regarding the sale of slaves. And even ifTerence did not consciously depict Roman law, his audience most certainly would have related tothe play using its knowledge of contemporary Roman law (not Athenian law).Part II provides a brief summary of the plot. Parts III-VI consider in turn specific areas oflaw: slave law, marriage and family law, contracts and commercial law, and procedure
Negotiating WTO Fisheries Subsidy Disciplines: Can Subsidy Transparency and Classification Provide the Means Towards an End to the Race for Fish?
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Human-Centric International Law: A Model and a Search for Empirical Indicators
Get PDFThis Article is the result of the authors’ application of an explicit model of the evolvinginternational legal situation and an empirical test using multilateral treaties. The authors examineall the multilateral treaties signed over the last 350 years, about 6000 treaties, and discuss the“humanization” of international law
A Judicial Response to Terrorism: The Status of Military Commissions Under Domestic and International Law
Get PDFThey hold fast to their evil purpose; they talk of laying snares secretly, thinking, “Who can see us? Who can search out our crimes? We have thought out a cunningly conceived plot.” For the inward mind and heart of a man are deep!The trial must not be protracted in duration by anything that is obstructive or dilatory, but we must see that it is fair and deliberative and not discredited in times to come by any mob spirit. Those who have regard for the good name of the United States as a symbol of justice under law would not have me proceed otherwise
Implications of the United States’ Reservations and Non-Self-Executing Declaration to the ICCPR for Capital Offenders and Foreign Relations
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Removing Technical Barriers to Trade: The Next Step Toward Freer Trade
Get PDFTechnical standards for products can form technical barriers to trade. These standards have been at issue in many recent disputes brought before GATT. With the decrease in the level of tariffs worldwide, the issue of technical barriers to trade has moved to the forefront in international trade discussions. In 1994, the Technical Barriers to Trade Agreement was created during the Uruguay Round of GATT negotiations. The European Community has established a system of standardization to reduce technical barriers as nontariff barriers to trade. Other regional organizations have followed suit. This Comment analyses the international, regional, and national arrangements designed to reduce the effect of technical barriers to trade. It then analyzes several disputes that have come before dispute panels established by the WTO and other international agreements to understand the process through which the agreements to reduce technical barriers to trade achieve their goals