Non-Refoulement in a World of Cooperative Deterrence

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Developed states have what might charitably be called a schizophrenic attitude towards international refugee law. Determined to remain formally engaged with refugee law and yet unwavering in their commitment to avoid assuming their fair share of practical responsibilities under that regime, wealthier countries have embraced the politics of non-entrée, comprising efforts to keep refugees away from their territories but without formally resiling from treaty obligations.

Are Strong Constitutional Courts Always a Good Thing for New Democracies?

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This Article’s starting point is the recent series of direct political attacks by governments on constitutional courts in several new democracies that has had a sobering, if not deflating, effect on what had been the bullish mood concerning the role and success of judicial review in constitutional transitions. It takes the opportunity of these striking episodes to reconsider the standard model and engage in some pragmatic reflection on whether and how judicial review might sometimes also disserve new democracies.

Closing the Implementation Gap: Grievance Redress and India’s Social Welfare Programs

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Poor implementation of social welfare programs is a chronic challenge in developing countries such as India. Yet, despite the large number of people affected and the serious consequences of implementation failure, there have been few studies, and even less theorization, of grievance redress in these contexts. Based on fieldwork conducted by the author, this Article examines grievance redress mechanisms for social welfare programs in the Indian states of Madhya Pradesh and Bihar.

Challenging Extradition: The Doctrine of Specialty in Customary International Law

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The doctrine of specialty, a fundamental feature of extradition law, provides that a state may only prosecute an extradited individual for the offenses agreed to by the sending state. This Note examines jurisprudence in the United States, foreign courts, and international tribunals, and demonstrates that specialty is not applied consistently as a norm of customary international law.

NML Capital, Ltd. v. Republic of Argentina and the Changing Roles of the Pari Passu and Collective Action Clauses in Sovereign Debt Agreements

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The recent defaults or threatened defaults of numerous sovereign states such as the Hellenic Republic, Belize, and Cyprus have made sovereign debt restructuring, once again, an important issue for international financial markets. This Note provides a summary of the development of the pari passu clause from its beginnings as a form of legal subordination to more senior obligations to the “ratable payment” interpretation.