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International Legal Control Of Domestic Administrative Action, Joel P. Trachtman Feb 2014

International Legal Control Of Domestic Administrative Action, Joel P. Trachtman

Joel P Trachtman

International law increasingly is designed to constrain the regulatory activities of countries where these activities have external effects on other countries. While countries retain the right to regulate, it is a qualified right, with a number of restrictions under international trade, investment, finance, human rights, and other areas of international law. The restrictions are often nuanced: while maintaining maximum policy autonomy, countries agree to international legal rules that establish increasingly complex preconditions for national regulatory action. In some cases, preconditions are formulated so as to establish procedural, as distinguished from substantive, predicates for national action. These varying types of preconditions …


A Failure To Consider: Why Lawmakers Create Risk By Ignoring Trade Obligations, David R. Kocan Professor Mar 2013

A Failure To Consider: Why Lawmakers Create Risk By Ignoring Trade Obligations, David R. Kocan Professor

David R. Kocan Professor

The U.S. Congress frequently passes laws facially unrelated to trade that significantly impact U.S. trade relations. These impacts are often harmful, significant, and long-lasting. Despite this fact, these bills rarely receive adequate consideration of how they will impact trade. Without this consideration, Congress cannot properly conduct a cost-benefit analysis necessary to pass effective laws. To remedy this problem, the U.S. Trade Representative should evaluate U.S. domestic law to determine whether it is consistent with international trade obligations. Moreover, the U.S. Congress committee structure should be amended so that laws that might impact trade are considered within that light. In the …


Social Protection Afforded To Irregular Migrant Workers: Thoughts On International Norms, The Southern African Development Community, Botswana And South Africa, Bruno Ps Van Eck, Felicia Snyman Mar 2013

Social Protection Afforded To Irregular Migrant Workers: Thoughts On International Norms, The Southern African Development Community, Botswana And South Africa, Bruno Ps Van Eck, Felicia Snyman

Bruno PS Van Eck

The majority of migrant workers target those countries in southern Africa that have stronger economies. Irregular migrants are in a particularly vulnerable position, and this article discusses the protection that this category of persons may expect to experience in the southern African region. The authors recommend that the broad notion of “social protection”, rather than the narrower concept “social security” should be emphasized. International, continental and regional instruments providing protection to irregular migrants are traversed and the constitutional and legislative frameworks in relation to social protection in Botswana and South Africa are compared. The article concludes that there are significant …


Rise Of The Intercontinentalexchange And Implications Of Its Merger With Nyse Euronext, Latoya C. Brown Jan 2013

Rise Of The Intercontinentalexchange And Implications Of Its Merger With Nyse Euronext, Latoya C. Brown

Latoya C. Brown, Esq.

This paper examines the impending merger between the IntercontinentalExchange (ICE) and NYSE Euronext against the backdrop of the current structure of the global financial services industry. The paper concludes that the merger embodies what the financial services industry is becoming and captures the model that will allow exchanges to remain competitive in today’s marketplace: mega-exchanges with broader asset classes and electronic platforms. As technology and globalization threaten their vitality, exchanges will need to continue reinventing and adapting. Increasingly over the last decade they have done so by merging and by moving, at least a part of, their operations on screen. …


After Privacy: The Rise Of Facebook, The Fall Of Wikileaks, And Singapore’S Personal Data Protection Act 2012, Simon Chesterman Dec 2012

After Privacy: The Rise Of Facebook, The Fall Of Wikileaks, And Singapore’S Personal Data Protection Act 2012, Simon Chesterman

Simon Chesterman

This article discusses the changing ways in which information is produced, stored, and shared — exemplified by the rise of social-networking sites like Facebook and controversies over the activities of WikiLeaks — and the implications for privacy and data protection. Legal protections of privacy have always been reactive, but the coherence of any legal regime has also been undermined by the lack of a strong theory of what privacy is. There is more promise in the narrower field of data protection. Singapore, which does not recognise a right to privacy, has positioned itself as an e-commerce hub but had no …


Natural Justice And Its Applications In Administrative Law, Mubashshir Sarshar Jan 2008

Natural Justice And Its Applications In Administrative Law, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


A Climate Of Extremes: Transboundary Conflict Resolution, Prof. Elizabeth Burleson Jan 2008

A Climate Of Extremes: Transboundary Conflict Resolution, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This Article examines evolving climate change policy. In April 2007 Massachusetts v. Environmental Protection Agency clarified that the EPA has the authority to regulate greenhouse gas emissions. This Supreme Court ruling coincided with the United Nations Security Council's decision to put climate change on its agenda. The Intergovernmental Panel on Climate Change (IPCC) has found that anthropogenic climate change has impacted the natural world and human societies. Scientific and governmental consensus has coalesced that multilateral climate mitigation and adaptation must be implemented. International institutions, governments, businesses, non-governmental organizations, and civil society can achieve multilateral greenhouse gas mitigation and climate adaptation.