David J Bederman
Biographic Data
| ID | 5198670 |
|---|---|
| NAME | David J Bederman |
| GIVEN NAMES | David J |
| FAMILY NAME | Bederman |
| SIGNATURE | BEDERMAN D J |
| AFFILIATIONS | Emory University |
| VERIFIED | No |
| TOTAL WORKS | 26 |
| TOTAL CITATIONS | 41 |
| AUTHOR COUNT | 26 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1988 |
| LATEST PUBLICATION YEAR | 2015 |
| H-INDEX | 3 |
International Law in the Ancient World
This briefly assesses the historiographic literature about the idea that ancient state systems predicated their relations on the rule of law. It examines ancient practices in relation to diplomatic privileges and immunities, treaty conclusion and observance, and the initiation and limitation of armed conflict. There was a coherent sense among ancient peoples from Near East and Mediterranean traditions that state relations should be conducted in a…
Sabeh el Leil v. France
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Jurisprudence of the Foreign Claims Settlement Commission
Albania ranks among the smallest and poorest countries in Europe, located on the Adriatic and Ionian Seas just north of Greece. It gained its independence from the Ottoman Empire in 1912 (accounting for the fact that a majority of the population is Muslim) and subsisted as a monarchy for much of the interwar period. Albania was occupied by Italy (and then Nazi Germany) for all of the Second World War. Communist partisans expelled the Germans in 1…
The Ideological Origins of American Federalism
Journal Article The Ideological Origins of American Federalism Get access LaCroix Alison L.. The Ideological Origins of American Federalism. Cambridge, MA: Harvard University Press, 2010. 320 pp. $35.00 (cloth). David J. Bederman David J. Bederman Emory University Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 52, Issue 3, July 2012, Pages 406–408, https://doi.org/10.1093/ajlh/52…
International Law in Antiquity
Globalization and International Law
Empire
T his first portion of the volume will examine, in an historical perspective, international law’s role in response to globalizing trends. The exposition will not necessarily be chronological in presentation, but, rather, will focus on a few essential themes that arise in world order studies. The first of these is how we conceive of, and how we construct, a global legal order, and the essential actors in that process.
Medellín’s New Paradigm for Treaty Interpretation
Much of the scholarly attention given to the U.S. Supreme Court’s March 2008 decision in Medellín v. Texas has focused on the Court’s supposed ruling as to the presumptive nonself-execution of international agreements entered into by the United States, and the power of the president to implement such agreements without an act of Congress. Less heed has been paid to the impact and implications of the Court’s reasoning and analysis in interpreting …
Congress Enacts Increased Protections for Sunken Military Craft
The domestic and international legal status of warships and military aircraft submerged in United States waters or in international waters has been quite contentious of late. It has resulted in some notable litigation in U.S. courts, a presidential statement on U.S. policy, official lodgings of positions by foreign governments with the United States, a proposed international convention drafted by the United Nations Educational, Scientific and Cul…
Appraising a Century of Scholarship in the American Journal of International Law
The observation that a century in the life of any person, entity, or institution is a worthy milestone holds just as true for a scholarly journal. The prevalence and permanence of academic serials, especially in the legal field, has spawned a growing literature of centennial commemorations. And while too much can be made of the anniversary of a law journal, it does serve as a propitious moment to take stock, not so much of the achievement of long…
Ancient Laws and Modern Problems
Journal Article Ancient Laws and Modern Problems: The Balance Between Justice and a Legal System Get access Sassoon John. Ancient Laws and Modern Problems: The Balance Between Justice and a Legal System. Portland: Intellect, 2005. 220 pp. $29.95 (paper). David J. Bederman David J. Bederman Emory University School of Law Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 48, Issue 1, …
International Law Casebooks
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Unique Legal Status of the Bank for International Settlements Comes into Focus
The Bank for International Settlements (BIS), created in 1930 to handle German reparations from the First World War, has enjoyed a unique international legal position. This status was questioned when the Bank, in 2001, recalled its shares held by private parties. The resulting arbitral award settled the BIS's sui generis legal status, as well as making some important rulings about the application of state responsibility rules to international ins…
Collective Security, Demilitarization and 'Pariah' States
Demilitarization regimes under international law pose special challenges. Often the result of the retributive politics of post‐war diplomatic adjustment, legal attempts to ensure that formerly aggressive states do not acquire the military establishments, logistics or weaponry to threaten their neighbours or international peace and security, are often doomed to failure. This article considers the demilitarization sanctions imposed against Iraq in …
Counterintuiting Countermeasures
The adoption in August 2001 by the International Law Commission (ILC) of its articles on responsibility of states for internationally wrongful acts well and truly brings to a close the twentieth century’s engagement with international law as (in Martti Koskenniemi’s memorable refashioning of George Kennan’s savage critique) a “gentle civilizer of nations.” Including the entry into force of the Rome Statute of the International Criminal Court, the…
Arbitration—Uncitral Rules—justiciability and indispensable Third parties—legal status of Hawaii
Lance Paul Larsen v. The Hawaiian Kingdom. At http://www.pca-cpa.org >. Permanent Court of Arbitration Tribunal, February 5, 2001. In Larsen v. The Hawaiian Kingdom Lance Paul Larsen, a resident of the state of Hawaii, sought redress from the Hawaiian Kingdom for its failure to protect him from the United States and the State of Hawaii. The parties, who agreed to submit their dispute to arbitration by the Permanent Court of Arbitration (PCA), sha…
Jurisprudence of the Foreign Claims Settlement Commission
The Foreign Claims Settlement Commission (Commission or FCSC) was granted jurisdiction to determine the validity and amounts of certain claims by U.S. nationals against Iran by the Iran Claims Act and the 1990 Settlement Agreement (lump sum settlement) between the United States and Iran. The Iran Claims Act, a 1985 statute enacted in anticipation of the lump sum agreement settling U.S. “small claims” against Iran, required the Commission to apply…
The Curious Resurrection of Custom
Nationality of Individual Claimants Before the Iran-United States Claims Tribunal
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Saghi v. Islamic Republic of Iran
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
United States v. Alaska
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Jurisdiction—1958 New York Convention—enforcement of award by Iran-U.S. Claims Tribunal in United States courts
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Georgia v. South Carolina
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Beneficial Ownership of International Claims
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Border and Transborder Armed Actions (Nicaragua v. Honduras), Jurisdiction and Admissibiuty
On July 28, 1986, the Republic of Nicaragua filed an application instituting proceedings against the Republic of Honduras in the International Court of Justice. Nicaragua alleged that Honduras had allowed armed bands, known as contras , to operate from its territory to the detriment of Nicaraguan sovereignty, that Honduran military forces had directly participated in attacks on Nicaragua and that the Government of Honduras had given material aid …
Counterintuiting Countermeasures
The adoption in August 2001 by the International Law Commission (ILC) of its articles on responsibility of states for internationally wrongful acts well and truly brings to a close the twentieth century’s engagement with international law as (in Martti Koskenniemi’s memorable refashioning of George Kennan’s savage critique) a “gentle civilizer of nations.” Including the entry into force of the Rome Statute of the International Criminal Court, the…
Appraising a Century of Scholarship in the American Journal of International Law
The observation that a century in the life of any person, entity, or institution is a worthy milestone holds just as true for a scholarly journal. The prevalence and permanence of academic serials, especially in the legal field, has spawned a growing literature of centennial commemorations. And while too much can be made of the anniversary of a law journal, it does serve as a propitious moment to take stock, not so much of the achievement of long…
Congress Enacts Increased Protections for Sunken Military Craft
The domestic and international legal status of warships and military aircraft submerged in United States waters or in international waters has been quite contentious of late. It has resulted in some notable litigation in U.S. courts, a presidential statement on U.S. policy, official lodgings of positions by foreign governments with the United States, a proposed international convention drafted by the United Nations Educational, Scientific and Cul…
Jurisprudence of the Foreign Claims Settlement Commission
The Foreign Claims Settlement Commission (Commission or FCSC) was granted jurisdiction to determine the validity and amounts of certain claims by U.S. nationals against Iran by the Iran Claims Act and the 1990 Settlement Agreement (lump sum settlement) between the United States and Iran. The Iran Claims Act, a 1985 statute enacted in anticipation of the lump sum agreement settling U.S. “small claims” against Iran, required the Commission to apply…
Border and Transborder Armed Actions (Nicaragua v. Honduras), Jurisdiction and Admissibiuty
On July 28, 1986, the Republic of Nicaragua filed an application instituting proceedings against the Republic of Honduras in the International Court of Justice. Nicaragua alleged that Honduras had allowed armed bands, known as contras , to operate from its territory to the detriment of Nicaraguan sovereignty, that Honduran military forces had directly participated in attacks on Nicaragua and that the Government of Honduras had given material aid …
Sabeh el Leil v. France
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
International Law Casebooks
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Nationality of Individual Claimants Before the Iran-United States Claims Tribunal
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The 1871 London Declaration, Rebus Sic Stantibus and A Primitivist View of the Law of Nations
International law is the most rarefied of social sciences. Even so, it has scarcely any sense of its intellectual history. International law is finely articulated, oblique in its analysis, and respectful of its position as an arbiter of national competition and conflict. But aside from the casual citation to an ancient arbitration or the consultation of a famous publicist for an essential principle, little credence has been given to its historica…
Jurisprudence of the Foreign Claims Settlement Commission
Albania ranks among the smallest and poorest countries in Europe, located on the Adriatic and Ionian Seas just north of Greece. It gained its independence from the Ottoman Empire in 1912 (accounting for the fact that a majority of the population is Muslim) and subsisted as a monarchy for much of the interwar period. Albania was occupied by Italy (and then Nazi Germany) for all of the Second World War. Communist partisans expelled the Germans in 1…
Ancient Laws and Modern Problems
Journal Article Ancient Laws and Modern Problems: The Balance Between Justice and a Legal System Get access Sassoon John. Ancient Laws and Modern Problems: The Balance Between Justice and a Legal System. Portland: Intellect, 2005. 220 pp. $29.95 (paper). David J. Bederman David J. Bederman Emory University School of Law Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 48, Issue 1, …
The Unique Legal Status of the Bank for International Settlements Comes into Focus
The Bank for International Settlements (BIS), created in 1930 to handle German reparations from the First World War, has enjoyed a unique international legal position. This status was questioned when the Bank, in 2001, recalled its shares held by private parties. The resulting arbitral award settled the BIS's sui generis legal status, as well as making some important rulings about the application of state responsibility rules to international ins…
Collective Security, Demilitarization and 'Pariah' States
Demilitarization regimes under international law pose special challenges. Often the result of the retributive politics of post‐war diplomatic adjustment, legal attempts to ensure that formerly aggressive states do not acquire the military establishments, logistics or weaponry to threaten their neighbours or international peace and security, are often doomed to failure. This article considers the demilitarization sanctions imposed against Iraq in …
Beneficial Ownership of International Claims
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The 1871 London Declaration, Rebus Sic Stantibus and A Primitivist View of the Law of Nations
International law is the most rarefied of social sciences. Even so, it has scarcely any sense of its intellectual history. International law is finely articulated, oblique in its analysis, and respectful of its position as an arbiter of national competition and conflict. But aside from the casual citation to an ancient arbitration or the consultation of a famous publicist for an essential principle, little credence has been given to its historica…
Beneficial Ownership of International Claims
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Border and Transborder Armed Actions (Nicaragua v. Honduras), Jurisdiction and Admissibiuty
On July 28, 1986, the Republic of Nicaragua filed an application instituting proceedings against the Republic of Honduras in the International Court of Justice. Nicaragua alleged that Honduras had allowed armed bands, known as contras , to operate from its territory to the detriment of Nicaraguan sovereignty, that Honduran military forces had directly participated in attacks on Nicaragua and that the Government of Honduras had given material aid …
Jurisdiction—1958 New York Convention—enforcement of award by Iran-U.S. Claims Tribunal in United States courts
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Georgia v. South Carolina
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
United States v. Alaska
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Nationality of Individual Claimants Before the Iran-United States Claims Tribunal
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Saghi v. Islamic Republic of Iran
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Curious Resurrection of Custom
Jurisprudence of the Foreign Claims Settlement Commission
The Foreign Claims Settlement Commission (Commission or FCSC) was granted jurisdiction to determine the validity and amounts of certain claims by U.S. nationals against Iran by the Iran Claims Act and the 1990 Settlement Agreement (lump sum settlement) between the United States and Iran. The Iran Claims Act, a 1985 statute enacted in anticipation of the lump sum agreement settling U.S. “small claims” against Iran, required the Commission to apply…
Arbitration—Uncitral Rules—justiciability and indispensable Third parties—legal status of Hawaii
Lance Paul Larsen v. The Hawaiian Kingdom. At http://www.pca-cpa.org >. Permanent Court of Arbitration Tribunal, February 5, 2001. In Larsen v. The Hawaiian Kingdom Lance Paul Larsen, a resident of the state of Hawaii, sought redress from the Hawaiian Kingdom for its failure to protect him from the United States and the State of Hawaii. The parties, who agreed to submit their dispute to arbitration by the Permanent Court of Arbitration (PCA), sha…
Collective Security, Demilitarization and 'Pariah' States
Demilitarization regimes under international law pose special challenges. Often the result of the retributive politics of post‐war diplomatic adjustment, legal attempts to ensure that formerly aggressive states do not acquire the military establishments, logistics or weaponry to threaten their neighbours or international peace and security, are often doomed to failure. This article considers the demilitarization sanctions imposed against Iraq in …
Counterintuiting Countermeasures
The adoption in August 2001 by the International Law Commission (ILC) of its articles on responsibility of states for internationally wrongful acts well and truly brings to a close the twentieth century’s engagement with international law as (in Martti Koskenniemi’s memorable refashioning of George Kennan’s savage critique) a “gentle civilizer of nations.” Including the entry into force of the Rome Statute of the International Criminal Court, the…
The Unique Legal Status of the Bank for International Settlements Comes into Focus
The Bank for International Settlements (BIS), created in 1930 to handle German reparations from the First World War, has enjoyed a unique international legal position. This status was questioned when the Bank, in 2001, recalled its shares held by private parties. The resulting arbitral award settled the BIS's sui generis legal status, as well as making some important rulings about the application of state responsibility rules to international ins…
International Law Casebooks
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Congress Enacts Increased Protections for Sunken Military Craft
The domestic and international legal status of warships and military aircraft submerged in United States waters or in international waters has been quite contentious of late. It has resulted in some notable litigation in U.S. courts, a presidential statement on U.S. policy, official lodgings of positions by foreign governments with the United States, a proposed international convention drafted by the United Nations Educational, Scientific and Cul…
Appraising a Century of Scholarship in the American Journal of International Law
The observation that a century in the life of any person, entity, or institution is a worthy milestone holds just as true for a scholarly journal. The prevalence and permanence of academic serials, especially in the legal field, has spawned a growing literature of centennial commemorations. And while too much can be made of the anniversary of a law journal, it does serve as a propitious moment to take stock, not so much of the achievement of long…
Ancient Laws and Modern Problems
Journal Article Ancient Laws and Modern Problems: The Balance Between Justice and a Legal System Get access Sassoon John. Ancient Laws and Modern Problems: The Balance Between Justice and a Legal System. Portland: Intellect, 2005. 220 pp. $29.95 (paper). David J. Bederman David J. Bederman Emory University School of Law Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 48, Issue 1, …
Globalization and International Law
Empire
T his first portion of the volume will examine, in an historical perspective, international law’s role in response to globalizing trends. The exposition will not necessarily be chronological in presentation, but, rather, will focus on a few essential themes that arise in world order studies. The first of these is how we conceive of, and how we construct, a global legal order, and the essential actors in that process.
Medellín’s New Paradigm for Treaty Interpretation
Much of the scholarly attention given to the U.S. Supreme Court’s March 2008 decision in Medellín v. Texas has focused on the Court’s supposed ruling as to the presumptive nonself-execution of international agreements entered into by the United States, and the power of the president to implement such agreements without an act of Congress. Less heed has been paid to the impact and implications of the Court’s reasoning and analysis in interpreting …
International Law in Antiquity
Sabeh el Leil v. France
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Jurisprudence of the Foreign Claims Settlement Commission
Albania ranks among the smallest and poorest countries in Europe, located on the Adriatic and Ionian Seas just north of Greece. It gained its independence from the Ottoman Empire in 1912 (accounting for the fact that a majority of the population is Muslim) and subsisted as a monarchy for much of the interwar period. Albania was occupied by Italy (and then Nazi Germany) for all of the Second World War. Communist partisans expelled the Germans in 1…
The Ideological Origins of American Federalism
Journal Article The Ideological Origins of American Federalism Get access LaCroix Alison L.. The Ideological Origins of American Federalism. Cambridge, MA: Harvard University Press, 2010. 320 pp. $35.00 (cloth). David J. Bederman David J. Bederman Emory University Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 52, Issue 3, July 2012, Pages 406–408, https://doi.org/10.1093/ajlh/52…
Political science (24 works) · Law (20 works) · Law (16 works) · International Law and Human Rights (11 works) · Sociology (9 works) · International Arbitration and Investment Law (8 works) · International law (8 works) · Conflict of Laws and Jurisdiction (7 works) · Politics (7 works) · History (6 works)