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The New Sovereignty
In an increasingly complex and interdependent world, states resort to a bewildering array of regulatory agreements to deal with problems as disparate as climate change, nuclear proliferation, international trade, satellite communications, species destruction, and intellectual property. In such a system, there must be some means of ensuring reasonably reliable performance of treaty obligations. The standard approach to this problem, by academics and politicians alike, is a search for treaties with "teeth"--military or economic sanctions to deter and punish violation. The New Sovereignty argues that this approach is misconceived. Cases of coercive enforcement are rare, and sanctions are too co...
President, Prime Minister, Or Constitutional Monarch?
This paper is divided into three parts: an introduction, a brief statement on the issues of constitutional theory involved, and comments on four recent controversies involving these questions: (1) the Iran-Contra affair; (2) the Intelligence Surveillance legislation passed after the Watergate scandal, and the revisions considered by the 100th Congress; (3) the proposals to amend the War Powers Resolution of 1973; (4) and the violent political conflict about the interpretation of the ABM Treaty of 1972, which is reflected in turn in the history of the ratification of the INF Treaty. These four recent episodes are simply conspicuous and dramatic examples of a large class of statutes and practices no one has yet mapped systematically. Comparable constitutional questions arise throughout the realm of governmental activity. Some are trivial, others merely annoying, others still are intrinsically important. What is certain, however, is that the power of congress is growing, and that of the President is being leached away.
Who Owns Outer Space?
Explores the environmental, safety, and security challenges facing humanity's rapid expansion into Space and proposes actionable solutions.
A Well-Founded Fear
In 1996, powerful anti-immigrant forces in Newt Gingrich's 104th Congress worked hard to pass the most restrictive immigration law in decades. The new law has changed virtually every aspect of immigration policy, including the rules for political and religious refugees. However, the law is not as harsh as the chairmen of the immigration committees would have wanted. A fascinating case story of the legislative process and the author's experiences as a public interest lobbyist, A Well-Founded Fear tells how a coalition of human rights and refugee organizations fought to preserve the rights of refugees and asylum seekers. A vital contribution to the relation between human rights and immigration policy Nationally known author
The Sky Is Not the Limit
Space is a contested domain for its very nature and today it is evidently becoming an increasingly important enabler of economic and military power. An increasing number of actors, infrastructures and technologies deployed in space also raises concerns for safety and security, especially in cyberspace. Many countries are striving to achieve space capabilities and autonomous access to space, and this is having a tremendous geopolitical impact, especially since space is emerging as an increasingly critical military and strategic domain. The development of the new space economy, which is increasingly involving the private sector and many industrial actors and services, will also be a game chang...
Smallpox
Looks at the history of the smallpox virus, providing an overview of the political, biological, environmental, medical, and legal issues surrounding the question of whether or not the virus should be exterminated.
Weapons Proliferation and World Order
With the end of the Cold War, the subject of weapons proliferation has acquired new interest and prominence. So too have questions about the nature of the world order that will succeed the structure of the last fifty years. This study explores the connections among these topics. It describes the prevailing conceptual model of nuclear proliferation, evaluates proliferation's changing technical features, considers economic and political factors bearing on its future rate and character, and speculates about proliferation's implications on the post-cold-war world order. It also considers the role of international public policy in meeting proliferation's challenges. Arguing that updated approaches are needed, the analysis emphasizes cooperative over coercive approaches to order. It concludes with an assessment of progress to date in meeting these new challenges, arguing that the new agenda is only slowly coming into focus.
Reflections on Clinical Legal Education
Influential articles on the evolution of clinical legal education over the past three decades, by members of the founding generation of clinical law professors.
International Law as Behavior
Using a multi-disciplinary approach, this volume shows how international law shapes behavior.
By Fire and Ice
The Chemical Weapons Convention is a recently signed treaty that requires the dismantling and destruction of the massive stockpiles that many countries (most notably the United States and Russia) have built over the years. However, no simple or agreed-upon means exist to accomplish this admirable goal of the removal of chemical weapons. National security experts assert that the country, and the world as a whole, will be better off if chemical weapons are eliminated, while environmental experts assert that there is no way to accomplish this ambitious plan while conforming to existing national and community health and safety standards. Koplow examines the forced merger between the national security and the environmental policy makers, recognizing the necessity but warning of potential and actual conflicts in missions. Environmentalism and arms control are two crucial sectors of American and international public life that have long existed in segregated "parallel universes." Now these groups must
