Sam F. Halabi
The discipline of comparative constitutional law today is focused in significant part on the study of how and why judges use foreign precedent. Scholars debate the propriety of using foreign precedent as “authority,” circumstances under which such use is consistent with democracy (or a product of democratization), and which constitutional traditions may derive the greatest benefit from comparison. While comparative law theorists have long reflected on, and struggled with, a standard disciplinary vocabulary to describe what judges do when they engage in “comparative constitutional law,” the existing scholarship generally distributes judges’ use of foreign precedent into one of three modes of comparative adjudication. First, courts use foreign precedent to identify “universal” principles of law applicable across jurisdictions. Second, courts sharpen understanding of domestic law through contrasting foreign judgments. Third, courts use foreign authority to identify, then choose, constitutionally permissible options to solve jurisprudential or policy problems. These theories have a methodological approach in common: scholars analyze the treatment given certain foreign decisions and sort the cases into one category or another…
The Notre Dame Journal of International and Comparative Law is proud to announce that the new editor-in-chief for Volume IV will be Alyssa Shaughnessy.
The Journal looks forward to continued success under her leadership.
Julie Dubé Gagnon
On January 6, 2011, President-elect Alassane Ouattara of Côte d’Ivoire requested the Economic Community of West African States (ECOWAS) to intervene in order to remove incumbent Laurent Gbagbo, who refused to leave power following the democratic presidential elections of November 2010. In December 2010, ECOWAS gave a final ultimatum to Laurent Gbagbo to comply with its request on ceding his throne. Otherwise, ECOWAS warned, it would be compelled to use legitimate force to serve the demands of the Ivorian people. This Article ascertains the illegality of a military intervention for pro-democratic motives in light of the current post-election crisis in Côte d’Ivoire. ECOWAS could not have lawfully intervened in Côte d’Ivoire in order to install Alassane Ouattara because such use of military force contravenes the U.N. Charter, and permitting such derogation would destabilize international peace and security.
“Globalization and Race” will elucidate the legal and political connections
between States and corporations and then focus on the remarkably diverse
domestic populations wedged between them.
Ungoverned Spaces, Transnational Crime, and the Prohibition on Extraterritorial Enforcement Jurisdiction in International Law – Dan E. Stigall
Volume II, Issue II
The entire volume is available on PDF here.
Islamic Legal Theory and the Context of Islamist Movements
Terrorism in Violation of the Law of Nations
Friend, Not Foe: The Role of Civil Society in Preventing Violent Extremism
David Cortright with Alistair Millar, Linda Gerber-Stellingwerf, George A. Lopez, Kristen Wall, Eliot Fackler, and Joshua Weaver
Apocalyptic War Rhetoric: Drugs, Narco-Terrorism, and a Federal Court Nightmare from Here to Guantanamo
Thomas A. Durkin
Civil Liberties, Fear, and Terrorism
John Mueller and Mark G. Stewart
Adhering to Law and Values Against Terrorism
Mary Ellen O’Connell