Digital Commons Network^™

Evaluating Effective Lawyer-Client Communication: An International Project Moving From Research To Reform, Clark D. Cunningham

Clark D. Cunningham

No abstract provided.

Bioethics And Self-Governance: The Lessons Of The Universal Declaration On Bioethics And Human Rights, O. Carter Snead

O. Carter Snead

The following article analyzes the process of conception, elaboration, and adoption of the Universal Declaration of Bioethics and Human Rights, and reflects on the lessons it might hold for public bioethics on the international level. The author was involved in the process at a variety of levels: he provided advice to the IBC on behalf of the President's Council of Bioethics; he served as the U.S. representative to UNESCO's Intergovernmental Bioethics Committee; and led the U.S. Delegation in the multilateral negotiation of Government experts that culminated in the adoption of the declaration in its final form. The author is currently …

The (Lack Of) Women Arbitrators In Investment Treaty Arbitration, Gus Van Harten

Gus Van Harten

In this short article, data is presented on the striking lack of women arbitrators in investment treaty arbitrations.The author argues for a mandatory roster system to ensure a more publicly accountable and deliberative merit-based appointments process while also enhancing arbitrator independence.

Diverse Persuasion(S): From Rhetoric To Representation (And Back Again To Rhetoric) In International Human Rights Interpretation, Craig Scott

Craig M. Scott

This article proceeds from a way of thinking about legal-rights reasoning that is grounded in the rhetorical tradition. In light of questions of political legitimacy and personal ethics, a central premise of the article is that the rhetorical enterprise must situate itself within a paradigm of dialogic communication in which mutual persuasion is the orientation to argument and the quest for intersubjective validation of claimed premises, lines of argument, and conclusions is the purposive mode. The first step in the article is to move from a general conception of law as a field of rhetoric to an account of how …

The Isis Crisis And The Development Of International Humanitarian Law, Johan D. Van Der Vyver

Johan D van der Vyver

ABOUT THE ARTICLE This article identifies the rules of international humanitarian law that have a bearing on the Israeli offensive in Gaza. It first of all attempts to establish whether or not Israel remained an Occupying Power after its disengagement from the Gaza Strip in 2005. If due to the control Israel continued to exercise over border crossings, electricity and water supplies and the like, Israel is found to be de facto in occupation of Gaza, the Hamas responses would qualify as a war of liberation, which in terms of Protocol I to the Geneva Conventions of 12 August 1949 …

Openness In International Adoption, Malinda L. Seymore

Malinda L. Seymore

After a long history of secrecy in domestic adoption in the United States, there is a robust trend toward openness. That is, however, not the case with international adoption. The recent growth in international adoption has been spurred, at least in part, by the desire of adoptive parents to return to closed, confidential adoptions where the identity of the birth mother is secret and there is no ongoing contact with her. There is, however, an emergent interest in increased openness in international adoption, spurred by the success of domestic open adoptions, health concerns when an adoptee's genetic history is important, …

Jurisdictional Standards (And Rules), Adam I. Muchmore

Adam I. Muchmore

This Article uses the jurisprudential dichotomy between two opposing types of legal requirements — “rules” and “standards” — to examine extraterritorial regulation by the United States. It argues that there is natural push toward standards in extraterritorial regulation because numerous institutional actors either see standards as the best option in extraterritorial regulation or accept standards as a second-best option when their first choice (a rule favorable to their interests or their worldview) is not feasible. The Article explores several reasons for this push toward standards, including: statutory text, statutory interpretation theories, the nonbinary nature of the domestic/foreign characterization, the tendency …

Value For Money In International Infrastructure Public Private Partnership Policies: Survey Of African States, Michael Regan, Jim Smith, Peter Love

Michael Regan

The international evidence suggests that public private partnership (PPP) procurement methods using value for money evaluation criteria are delivering better infrastructure services at lower cost than traditional procurement methods. Central to the operation of public private partnerships is the systematic evaluation of the procurement options available to government, as well as an output specification to encourage private design, risk transfer, construction and operational innovation, the detailed analysis of projects over their operational life cycle, a rigorous and competitive bid process, and the selection of proposals that deliver value for money. Value for money is a measure that takes into account …

Value For Money In International Infrastructure Public Private Partnership Policies: Survey Of African States, Michael Regan, Jim Smith, Peter Love

Jim Smith

The international evidence suggests that public private partnership (PPP) procurement methods using value for money evaluation criteria are delivering better infrastructure services at lower cost than traditional procurement methods. Central to the operation of public private partnerships is the systematic evaluation of the procurement options available to government, as well as an output specification to encourage private design, risk transfer, construction and operational innovation, the detailed analysis of projects over their operational life cycle, a rigorous and competitive bid process, and the selection of proposals that deliver value for money. Value for money is a measure that takes into account …

Conditions In U.S. Treaty Practice: New Data And Insights Into A Growing Phenomenon, Cindy G. Buys

Cindy G. Buys

The U.S. Senate often adds various types of conditions, also known as reservations, understandings, and declarations, to its advice and consent to multilateral treaties. The ability to add conditions to a treaty likely increases the number of States willing to join a treaty because it allows States to modify their treaty obligations to address domestic concerns. However, the use of conditions also has the potential to undermine the integrity of the treaty by allowing States to opt out of important legal obligations and to create legal uncertainty regarding treaty obligations and relationships. This article examines U.S. treaty practice with respect …

The Dumping Dragon: Analysing China's Evolving Anti-Dumping Behaviour, Umair H. Ghori

Umair H. Ghori

China is a major target for anti-dumping measures by both developed and developing countries. Its rapid industrial transition to higher value-added sectors brings it in direct conflict with the US and the EU. Anti-dumping measures have consistently been employed by the US and the EU to protect their domestic markets from encroaching Chinese exports. In the initial few years of joining the WTO, China rarely initiated any complaint in the WTO Dispute Settlement Mechanism (DSM), while facing several complaints itself. This approach has now evolved. China appears to have acquired the knowledge and capacity to access the WTO DSM for …

The Tectonic Forces Of Global Real Estate, David J. Lynn

David Lynn

[Excerpt] There are major shifts underway in the fundamental structure, or the underlying tectonic plates, of the global commercial real estate industry. These massive plate movements are creating an entirely new landscape within real estate and challenging long-held assumptions about commercial real estate investment, development, and ownership. The industry is transforming from a highly localized, deal-driven business to an international market characterized by lower transactions costs, abundant information, lower risk premiums, and increasing sophistication. Even the perception of real estate as an investment class is changing—investors increasingly see real estate as a stable, secure investment, producing solid returns with less …

In Search Of The Wind-Band: An International Expedition, Daniel Rager

Dan Rager

In Search of the Wind-Band: An International Expedition is a new interactive E-book, exploring 16 countries.

The first-of-a-kind, interactive encyclopedic e-book uses text, video, mp3 and pdf files to bring the history and development of the wind-band to life.

1. Overture: What Constitutes a Wind Band? - 2. Introduction to European History and Development - 3. Historical Homogeneous Wind-Bands - 4. American Wind Music - 5. Denmark Wind Music - 6. Finnish Wind Music - 7. Industry Wind Bands - 8. Ireland Wind Music - 9. Japanese Wind Music - 10. Mexican Wind Music - 11. Native American Indian Wind …

Female Genital Mutilation And Designer Vaginas In Britain: Crafting An Effective Legal And Policy Framework, Lisa Avalos

Lisa Avalos

Barriers To International Business, Chris D. Bellamy

Dr. Chris D. Bellamy

There are many barriers that companies face when attempting to expand operations on a global scale. This paper identifies four barriers businesses must overcome, and the strategies they can deploy to overcome these barriers. The author justifies support for these strategies with current research for each barrier. The paper also identifies and applies current research which document the strategic impact for the four barriers.

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.