Digital Commons Network^™

Flattening The World Of Legal Services? The Ethical And Liability Minefields Of Offshoring Legal And Law-Related Services, Carole Silver, Mary Daly

Carole Silver

This article examines offshore outsourcing of legal and law-related services as the newest twist in the international market for legal services. We consider the impact of offshore outsourcing on the profession generally and analyze the ethical issues raised by offshore outsourcing, both as it exists today and as the practice may develop in the future. The article begins by situating offshore outsourcing in the framework of relationships created in the context of delivery of legal services. This framework is used, in turn, to construct a structure of analysis for the ethical implications of offshore outsourcing. Lawyers who outsource to offshore …

The New U.S. Approach To The Fissile Material Cutoff Treaty: Will Deletion Of A Verification Regime Provide The Way Out Of The Wilderness?, David S. Jonas

David S. Jonas

No abstract provided.

How Biometrics Helps The Seafarer And World Trade, Cleopatra Doumbia-Henry

Cleopatra Doumbia-Henry

No abstract provided.

Trips And Traditional Knowledge: Local Communities, Local Knowledge, And Global Intellectual Property Frameworks (Trips Symposium), Olufunmilayo B. Arewa

Olufunmilayo B. Arewa

Intellectual property treatment of traditional or local knowledge is a major issue of contention today, particularly since the implementation of the TRIPs Agreement, which establishes minimum levels of intellectual property protection for members of the World Trade Organization. Discourse surrounding local knowledge is highly charged with accusations of "piracy" from Western countries countered with allegations of "biopiracy" from Third World countries. Flowing beneath the surface of this dialogue are multiple levels of historical experience. Intellectual property frameworks were formed in the nineteenth century during a period when evolutionary views of the development of human societies were paramount. Local knowledge was …

Sharing Potential And The Potential For Sharing: Open Source Licensing As A Legal And Economic Modality For The Dissemination Of Renewable Energy Technology, Jason Wiener

Jason Wiener

No abstract provided.

Why Trade Law Needs A Theory Of Justice, Frank J. Garcia

Frank J. Garcia

No abstract provided.

Is International Law A Threat To Democracy: Framing The Question, Andrew L. Strauss

Andrew L. Strauss

No abstract provided.

In The Shadow Of The Khmer Rouge Tribunal: The Domestic Trials Of Nuon Paet, Chhouk Rin And Sam Bith, And The Search For Judicial Legitimacy In Cambodia, John A. Hall

John A. Hall

This paper examines the Cambodian trials of three former Khmer Rouge commanders, Nuon Paet, Sam Bith and Chhouk Rin. Between 1999 and 2006, all three were prosecuted, convicted and sentenced to life imprisonment by Cambodian civilian courts for their role in a 1994 train ambush and the subsequent kidnapping and murder of three Western backpackers. The trials are unique in the history of Cambodia, and were the first time that any commanders of the Khmer Rouge had been brought into civilian court to answer for their crimes. At a time when the Cambodian government was negotiating with the international community …

Framing Political Theory Of International Courts And Tribunals: Reflections At The Centennial, David D. Caron

David D. Caron

This lecture given at the 100th Annual Meeting of the American Society of International Law explores the lack of agreement on political theory informing scholarship regarding international courts and tribunals. The lecture provides a sketch of such a frame in which the primary object is to identify different generating impulses for courts and tribunals in the international arena. It is not an effort to theorize about which of several forms of institution is chosen ultimately, but instead to understand the impulse to create a court or tribunal at all and therefore the contours of the phenomena that scholars studies.

International Law And The Rise Of China, John C. Yoo, Eric Posner

John C Yoo

The rise of China raises questions about the future of international law. The current system of international law depends largely on American hegemony, along with the dominance of western European states that share America's general goals and values. It is possible that China in the future will not threaten this system, either because China comes to share these goals and values or because China breaks apart. But the more likely scenario is that China will compete with the U.S. for regional and then global influence. We argue that in such a world the current system of international law will not …

Force Rules, John C. Yoo

John C Yoo

This piece criticizes U.N. proposals to reform the international legal rules on the use of force. While they properly identify threats to international peace and security as arising outside the context of great power warfare, they make it even more difficult for nations to address these new challenges. They codify a rule that gives the Security Council complete authority over all uses of force short of national self-defense, rather than providing nations with flexibility. They expand the size of the Security Council, which will only aggravate the body's collective action troubles in authorizing force. Reform should begin by modifying the …

The Role Of International Treaties In The Interpretation Of Canadian Intellectual Property Statutes, Daniel J. Gervais

Daniel J Gervais

The relationship between domestic intellectual property statutes and international law in growing in scope and depth. This paper is a chapter in a book that emphasizes that international law is not only used to interpret domestic law but in fact may itself become a guide for international tribunals, such as the World Trade Organization Dispute-Settlement Body. The Paper considers mostly the role that international norms have played in recent decisions of the Supreme Court of Canada and the Federal Court.

Contemporary Private Military Firms Under International Law: An Unregulated “Gold Rush”, Jackson N. Maogoto, Benedict Sheehy

Jackson Nyamuya Maogoto

Clearly, the issues raised by the ascendance of contemporary PMFs would be suitable for a book length treatment; however, in light of the pressing nature of the present situation expediency dictates a shorter but timelier piece. This article has as its modest aim an exploration of the thorny legal issues raised by the commodification of force. It discusses the nature of the contemporary PMF noting that it bears vestiges of yester year mercenaries. It then grapples with their uncertain status under international law despite the fact that they potentially pose problems for state authority and the direct control of states …

Rational War And Constitutional Design, John C. Yoo, Jide Nzelibe

John C Yoo

Contemporary accounts of the allocation of war powers authority often focus on textual or historical debates as to whether the President or Congress holds the power to initiate military hostilities. In this Essay, we move beyond such debates and instead pursue a purely functional or comparative institutional analysis of the relationship between Congress and the President on war powers. More specifically, we focus on the following question: Which war powers system would best enhance the effectiveness of the United States in making decisions on war and peace? Our answer draws on one of the few facts considered to be close …

Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan

Donald J. Kochan