Georgetown Journal of International Law articles from September 2004

Georgetown Journal of International Law archives from September 2004

Article 36 of the Vienna Convention on Consular Relations: the International Court of Justice in Mexico v. United States (Avena) speaks emphatically to the Supreme Court of the United States about the fundamental nature of the right to consul.
September 22, 2004... TABLE OF CONTENTS I. INTRODUCTION II. UNITED STATES JURISPRUDENCE ON ARTICLE 36 VIOLATIONS A. No Fundamental Right, No Remedy B. Individual Rights May Exist but There Is No Remedy Unless Prejudice Is Found ...

Recovering lost profits in international disputes.
September 22, 2004... I. INTRODUCTION Under the laws of many countries, the purpose of damages for breach of contract is to place the injured party in the position it would have enjoyed had the contract been performed. (1) That is, the injured party should...

The rights of one year on: transformation or consolidation?
September 22, 2004... I. INTRODUCTION An estimated 175 million people, nearly three percent of the world's population, are international migrants. (1) This figure includes refugees, displaced persons, stateless persons, and migrant workers. Migrant workers...

Thinking beyond the domestic-international divide: toward a unified concept of public law.
September 22, 2004... TABLE OF CONTENTS I. THE STRUCTURAL/FUNCTIONAL DISTINCTION II. THE LIMITATIONS OF THE STRUCTURAL/FUNCTIONAL DISTINCTION A. Polyarchy in Domestic and International Politics B. Disaggregating the Concept of the State...