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Surprises In The Skies: Resolving The Circuit Split On How Courts Should Determine Whether An "Accident" Is "Unexpected Or Unusual" Under The Montreal Convention, Ashley Tang

Washington Law Review

Article 17 of both the Montreal Convention and its predecessor, the Warsaw Convention, imposes liability onto air carriers for certain injuries and damages from “accidents” incurred by passengers during international air carriage. However, neither Convention defines the term “accident.” While the United States Supreme Court opined that, for the purposes of Article 17, an air carrier’s liability “arises only if a passenger’s injury is caused by an unexpected or unusual event or happening that is external to the passenger,” it did not explain what standards lower courts should employ to discern whether an event is “unexpected or unusual.” In 2004, …

The Important Contributions Of The Special Court For Sierra Leone On Amnesties And Immunities: Reinforcing Foundational Principles Of International Criminal Law, Leila Nadya Sadat

FIU Law Review

No abstract provided.

The Rise Of Transnational Commercial Courts: The Astana International Financial Centre Court, Ilias Bantekas

Pace International Law Review

The proliferation of international commercial courts aims to boost income from legal services and serve as a catalyst for newly found rules of law and thus attract investor confidence. The latter is the underlying purpose for the creation of the Astana International Financial Centre (AIFC) and its Court. The Court’s legal framework is set out in the tradition of its competitors in the Gulf and similarly employs an impressive lineup of former senior judges from the United Kingdom. It is a unique experiment because it strives to create a balance between maintaining a judicial institution of the highest caliber while …

Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton

Ocean and Coastal Law Journal

People may initial not see the area known as the South China Sea as worthy of the trouble of an Arbitral Tribunal proceeding courtesy of the United Nations Convention on the Law of the Sea (UNCLOS), especially when they are unsure of the trouble it may bring. This area, rich in resources and firmly entrenched in various historical claims, became the subject of controversy between multiple nations. According to the NUS Centre for International Law in its book The South China Sea Arbitration: The Legal Dimension, the end to the controversy hinged on how the tribunal would choose to characterize …

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo

Ocean and Coastal Law Journal

Using a legal history methodology, this paper examines existing marine renewable energy law and policy in Nova Scotia with a focus on its application in the Bay of Fundy. This paper critically assesses the current approach to coastal management in light of recent recommendations summarized in the Fournier report. This paper argues that, despite clear calls to develop integrated ocean management and marine spatial planning in policies and regulations, Canada and Nova Scotia have failed to do so because of unclear federal-provincial boundaries. Ambiguous domestic borders in the Bay of Fundy have been at the source of an overly cautious, …

Deepwater Port Act Of 1974: Some International And Environmental Implications, James H. Gnann Jr.

Georgia Journal of International & Comparative Law

No abstract provided.

Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe

Georgia Journal of International & Comparative Law

No abstract provided.

Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.

To Whom It May Concern: International Human Rights Law And Global Public Goods, Daniel Augenstein

Indiana Journal of Global Legal Studies

Public goods and human rights are sometimes treated as intimately related, if not interchangeable, strategies to address matters of common global concern. The aim of the present contribution is to disentangle the two notions to shed some critical light on their respective potential to attend to contemporary problems of globalization. I distinguish the standard economic approach to public goods as a supposedly value-neutral technique to coordinate economic activity between states and markets from a political conception of human rights law that empowers individuals to partake in the definition of the public good. On this basis, I contend that framing global …

An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett

Seattle University Law Review

The indigenous rights movement has been defined as a struggle for land and jurisdiction. Over the last forty years, American and Canadian governments made much progress on the land question in the Arctic and sub-Arctic; however, from an irrational fear of the unknown, politicians in Washington, D.C. and Ottawa have effectively blocked the pathways to aboriginal jurisdiction or self-government. During the late-twentieth century in the Yukon, Northwest Territories, and Nunavut, as well as in Nisga’a territory, indigenous governments negotiated local government powers, but continent-wide progress on the question of indigenous jurisdiction has stalled. This Article considers the formation and implementation …

The Competing Approaches To The Foreign Trade Antitrust Improvements Act: A Fundamental Disagreement, Morgan Franz

Pepperdine Law Review

This Comment explores the history and reasoning behind a recent reexamination of the FTAIA in light of Arbaugh v. Y & H Corp., examines both the propriety and the implications of the competing interpretations of the FTAIA, and argues that the resolution of the competing approaches is beyond the purview of the lower courts. Part II provides an overview of the extraterritorial reach of the Sherman Act leading up to the FTAIA, as well as the judicial treatment of the FTAIA prior to Arbaugh. Part III discusses the impact of Arbaugh and subsequent Supreme Court cases applying the “clearly states” …

Regulatory Conflicts: International Tender And Exchange Offers In The 1990s, John C. Maguire

Pepperdine Law Review

No abstract provided.

Home State, Cross-Border Custody, And Habitual Residence Jurisdiction: Time For A Temporal Standard In International Family Law, Todd Heine

Annual Survey of International & Comparative Law

This article addresses three jurisdictional standards that arise in every cross-border child custody dispute between European Union Member States and the United States: home state, cross-border, and habitual residence jurisdiction. These jurisdictional standards face uncertainty in many cases.

First, this article provides a history of family law jurisdiction in the United States and thoroughly reviews home state jurisdiction in United States domestic law. While domestic family lawyers know this standard, the standard’s rigidity and fragmented application among the states baffle many foreign family lawyers.

Second, this article offers an overview of the remarkable emergence of family law in European Union …

Standing On A Spectrum: Third Party Standing In The United States, Canada, And Australia, Gwendolyn Mckee

Barry Law Review

This article examines third party standing cases in the United States, Canada, and Australia. It demonstrates that third party standing can only be understood with reference to the role of modern courts in broad-based, constitutional style rights protection. This type of protection has been the main factor driving courts to create exceptions to the traditional standing requirements. It is only once these exceptions have been established that a court begins to consider allowing third party standing in cases that do not involve rights. The effects of this theory can be seen in the three countries examined in this article.

Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir

University of Miami International and Comparative Law Review

In 2004-05, two American Citizens, Shaqir Omar and Mohamed Munaf were separately arrested in Iraq and placed in the Camp Cropper Military Facility, pending adjudication. Both prisoners filed writs of habeas corpus in the United States District Court for the District of Columbia. The primary issue that the lower courts grappled with was whether or not the courts had jurisdiction to hear the petitions. After various appeals, the United States Supreme Court concluded that the federal courts did have jurisdiction to entertain the habeas petitions but that the petitions would fail on the merits. This paper argues that the standard …

Extraterritorial Jurisdiction In Civil, Commercial, And Investment Matters, Anibal Sabater

ILSA Journal of International & Comparative Law

Extraterritorial jurisdiction can be defined as a government's ability to adjudicate disputes involving individuals who are located and/or events that have taken place in anotherjurisdiction, including acts and omissions of foreign officials.

The Republic Of Adaria V. The Republic Of Bobbia, Kingdom Of Cazalia, Commonwealth Of Dingoth, State Of Ephraim, And Kingdom Of Finbar, Luke Mclaurin, Rachel Olander, Marquerite Roy, Ashley Walker, Liang Wei Wong

ILSA Journal of International & Comparative Law

The Republic of Adaria, the Republic of Bobbia, the Kingdom of Cazalia, the Commonwealth of Dingoth, the State of Ephraim, and the Kingdom of Finbar submit the present dispute to this Court by Special Agreement, dated September 1,2006, pursuant to article 40(1) of the Court's Statute.

The Republic Of Acastus V. The State Of Rubia: The Case Concerning The Elysian Fields, Zabrina Lau, Timothy Parker, Kay Seto, Yvonne Shi, Megan Yeung

ILSA Journal of International & Comparative Law

The Republic of Acastus and the State of Rubria have agreed to submit the present controversy for final resolution by the International Court of Justice ("ICJ") by Special Agreement pursuant to Article 40, Paragraph 1 of the Statute of this Court

The Republic Of Acastus V. The State Of Rubia: The Case Concerning The Elysian Fields, Cora Charly Von Der Heide, Jessica Henopp, Sore Jotten, Felix Machts, Torben Spliedt

ILSA Journal of International & Comparative Law

The differences between the Republic of Acastus and the State of Rubria concerning the Elysian Fields have been brought before the International Court of Justice in accordance with Article 40(1) of its statute by notification of the Compromis for Submission to the International Court of Justice of the Differences between the Republic of Acastus (Applicant) and the State of Rubria (Respondent) Concerning the Elysian Fields.

Countering Terrorism: From Wigged Judges To Helmeted Soldiers - Legal Perspectives On America's Counter-Terrorism Responses, Jackson Nyamuya Maogoto

San Diego International Law Journal

This Article aims to evaluate the international legal perspectives attendant to U.S. counter-terrorism measures and policy and the attendant strictures an implications. Part II commences by grappling with the uneasy relationship that legal and political complexities have foisted on the UN's ability to address terrorism and the difficult issue of the definition of terrorism. Within the context of this part, the Article also addresses the two dominant counter-terrorism paradigms-law enforcement and conflict management. Part III oves on to evaluate the law enforcement paradigm which treats terrorism as a crime engaging domestic law enforcement. This part offers a discussion of the …

Lagrand And Avena Establish A Right, But Is There A Remedy? Brief Comments On The Legal Effect Of Lagrand And Avena In The U.S, Malvina Halberstam

ILSA Journal of International & Comparative Law

The United States is obligated under international law to review and reconsider the conviction and sentence of persons who were not informed of their right to request that their Consul be notified of their arrest and to meet with him, as provided for by Article 36 of the Vienna Convention on Consular Relations.

The 2005 Philip C. Jessup International Lawmoot Court Competition. The Case Concerning The Vessel The Mairi Maru, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

In April of 2001, an agreement was entered into between Appollonia (Applicant) and Maguffin (not party to this case) for the exportation of MOX, produced by an Appollonian State-owned power plant. Since then, Appollonia has exported MOX to Maguffin via shipments traveling through the waters of Raglan (Respondent), located halfway between Appollonia and Maguffin.

Address To The American International Law Association, Tal Becker

ILSA Journal of International & Comparative Law

It is a pleasure and an honor for me to participate in this panel discussion. In my day job, I serve as the legal adviser to Israel's mission to the United Nations, and most of my comments today emerge less from academic research into the field of universal jurisdiction, and more from practical experience in issues related to international criminal justice both at the UN and outside it.

Forum Non Conveniens: "Availability" And "Adequacy" Of Latin American Fora From A Comparative Perspective, Alejandro M. Garro

University of Miami Inter-American Law Review

No abstract provided.

The Special Court For Sierra Leone: Establishing A New Approach To International Criminal Justice, John Cerone

ILSA Journal of International & Comparative Law

The proposed Special Court for Sierra Leone is sometimes referred to as a national/international hybrid entity.

The Foreign Sovereign Immunities Act And The Human Rights Violations, Elizabeth Defeis

ILSA Journal of International & Comparative Law

The Foreign Sovereign Immunities Act (FSIA) was enacted in 1976 and provides the sole basis for obtaining jurisdiction over a foreign state in the federal courts.'

The Pinochet Case In Spain, Antoni Pigrau Sole'

ILSA Journal of International & Comparative Law

The London arrest of the senator and retired general, Augusto Pinochet Ugarte, on October 16, 1998, at the request of Spanish judge, Baltasar Garz6n, (the judge of the Fifth Central Court of Instruction of the National Court), and the steps taken thus far by the British and Spanish courts since the arrest have had, and will continue to have, undisputed transcendence.

Anti-Piracy Law In The Year Of The Ocean: Problems And Opportunity, Samuel Pyeatt Menefee

ILSA Journal of International & Comparative Law

This is an appropriate, if perhaps unexpected, coda to a centennium which feathured [irate expert Philip Gosse's optimistic assertion that "[t]he end of piracy, after centuries, was brought about by public feeling, backed up by the steam-engine and telegraph."

Law Of The Sea Dispute Settlement: Past, Present, And Future, John E. Noyes

ILSA Journal of International & Comparative Law

For some, the vision of international courts able to issue binding rules of decision and clarify the meaning of rules of international law has had great pull.