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Agreeing To Disagree?: Continuing Uncertainties in Transatlantic Merger Clearance Post-EC Merger Regulation
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Incorporating the Five Basic Elements of a Model Antitrafficking in Persons Legislation in Domestic Laws: From the United Nations Protocol to the European Convention
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Auguste v. Ridge: Functional Inapplicability of the United Nations Convention Against Torture in the United States
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Liberal International Law Theory and the United Nations Mission in Kosovo: Ideas and Practice
Get PDFThe creation of the United Nations Mission in Kosovo was a unique moment ininternational politics, a moment when events compelled the key players in international politics toreveal what they thought about a crucial question of international affairs: what is a state? The waythe important individual states, the United Nations, the North American Treaty Organization, theEuropean Union, and other international organizations went about creating a new government fromthin air provides important insight into both what ideas dominated international law thinking at thetime and, perhaps more importantly, how ideas impact decision-making at the international level.This Article argues that “disaggregated sovereignty,” and the general corpus of “Liberalism”in international relations and international law, provided the dominant understanding of statebehavior in late twentieth century legal scholarship. Moreover, the Article will argue that theprinciples of this legal and international relations literature underlay the design of the UnitedNations Mission in Kosovo (UNMIK). The administrative and legal framework of UNMIK closelyresembles the idea of a modern liberal state inherent in the disaggregated sovereignty literature.As such, this Article attempts to use the creation of UNMIK instrumentally. Throughanalyzing its structure, it tries to understand what international decision-makers think about thecrucial question of what a “state” is (or rather, thought at the time of the creation of UNMIK), theways in which the answer to this question impacted the citizenry of Kosovo, and the implicationsthis has for contemporary international law theory. This Article argues that, in contrast with thepredictions of purely sociological analyses of the way ideas travel in world society, the internalstructure of disaggregated sovereignty theory was a crucial reason for its adoption as a model forUNMIK
United States of America v. Frederick Schultz: The National Stolen Property Act Revives the Curse of the Pharaohs
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Australia and the United States: Two Common Criminal Justice Systems Uncommonly at Odds
Get PDFAt first glance the criminal justice systems of Australia and the United States look strikinglysimilar. With common law roots from England, they both emphasize the adversary system, the roleof the advocate, the presumption of innocence, and an appeals process. Upon closer reflection,however, they appear starkly different. From both Australian and U.S. perspectives, the authorsexplore those differences, examining important features such as the exclusion of evidence, rulesregarding interrogation, the entrapment defense, and the open nature of trials. The Articleconcludes with an analysis of the reasons for those differences, reasons that heavily relate back tothe founding of the two nations and the drafting of distinctly dissimilar constitutions
