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Articles 1 - 30 of 37
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Terrorism And The Law (Yonah Alexander And Edgar H. Brenner, Eds., Transnational Publishers 2001). , Fara Gold
Terrorism And The Law (Yonah Alexander And Edgar H. Brenner, Eds., Transnational Publishers 2001). , Fara Gold
University of Miami International and Comparative Law Review
No abstract provided.
Foreword, Stephen M. Schwebel
Foreword, Stephen M. Schwebel
Vanderbilt Journal of Transnational Law
I was glad to return to Vanderbilt Law School to take part in this Symposium on International Commercial Arbitration. I came because Jon Charney telephoned me last autumn to ask me to come. Jon Charney was a superb international lawyer and a splendid human being. He became a reigning expert on the Law of the Sea. But his interests in international law were wider than that wide subject. He wrote, for example, on the proliferation of international tribunals and on the position of the persistent objector in international law with exceptional acuity and insight.
Jon's professional accomplishments were increasingly large. …
International Royalty And Continental Shelf Limits: Emerging Issues For The Canadian Offshore, Aldo Chircop, Bruce Marchand
International Royalty And Continental Shelf Limits: Emerging Issues For The Canadian Offshore, Aldo Chircop, Bruce Marchand
Dalhousie Law Journal
Article 82 of the United Nations Convention on the Law of the Sea, 1982, provides a novel obligation in international law that is likely to become operative within the decade. It establishes an international royalty on production from the utilization of non-living resources (such as oil and gas) on the continental shelf beyond 200 nautical miles, but within the outer limit of a coastal state's jurisdiction. Producing states will have an obligation to make payments or contributions in kind that are calculated on the basis of an incremental rate applicable as from the sixth year of production and reaching a …
Terrorism And The Use Of Force In International Law, Michael Schmitt
Terrorism And The Use Of Force In International Law, Michael Schmitt
International Law Studies
No abstract provided.
Vattel's Doctrine On Territory Transfers In International Law And The Cession Of Louisiana To The United States Of America, Stéphane Beaulac
Vattel's Doctrine On Territory Transfers In International Law And The Cession Of Louisiana To The United States Of America, Stéphane Beaulac
Louisiana Law Review
No abstract provided.
Le Transfert De Territoire En Droit International Selon Vattel Et La Cession De La Louisiane Aux États-Unis D'Amérique, Stéphane Beaulac
Le Transfert De Territoire En Droit International Selon Vattel Et La Cession De La Louisiane Aux États-Unis D'Amérique, Stéphane Beaulac
Louisiana Law Review
No abstract provided.
Normative Creativity And Global Legal Pluralism: Reflections On The Democratic Critique Of Transnational Law, Oren Perez
Normative Creativity And Global Legal Pluralism: Reflections On The Democratic Critique Of Transnational Law, Oren Perez
Indiana Journal of Global Legal Studies
No abstract provided.
Redefining The Slave Trade: Current Trends In The International Trafficking Of Women, Fara Gold
Redefining The Slave Trade: Current Trends In The International Trafficking Of Women, Fara Gold
University of Miami International and Comparative Law Review
No abstract provided.
Promising Protection Through Internationally Derived Duties, Victoria Orlowski
Promising Protection Through Internationally Derived Duties, Victoria Orlowski
Cornell International Law Journal
No abstract provided.
Imputing War Crimes In The War On Terrorism: The U.S., Northern Alliance, And 'Container Crimes', Ahmed S. Younis
Imputing War Crimes In The War On Terrorism: The U.S., Northern Alliance, And 'Container Crimes', Ahmed S. Younis
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Offshore Petroleum In Australia - Cooperative Governance In A Sea Of Federalism, Nathan Evans
Offshore Petroleum In Australia - Cooperative Governance In A Sea Of Federalism, Nathan Evans
Dalhousie Law Journal
Since 1980 when jurisdiction over the offshore was finally settled, divisive jurisdictional posturing between the state and federal governments has been reduced. Since then, efforts have concentrated on improving the administration and policy affecting offshore sectors, especially with respect to petroleum resources. In this context, the inclusion of environmental drivers represents a natural progression. Building upon this enhanced responsibility integration with other maritime sectors would seem to be the next objective for the petroleum sector to pursue. Although now mandated by government policy, integration as a concept challenges sectoral decision-making so fundamentally that the delivery of integrated ocean policy approaches …
Arbitrage, Bioethics, And Cloning: The Abcs Of Gestating A United National Cloning Convention, Rosario M. Isasi, George J. Annas
Arbitrage, Bioethics, And Cloning: The Abcs Of Gestating A United National Cloning Convention, Rosario M. Isasi, George J. Annas
Case Western Reserve Journal of International Law
No abstract provided.
The Natural Law Basis Of Legal Obligation: International Antitrust And Opec In Context, Joel B. Moore
The Natural Law Basis Of Legal Obligation: International Antitrust And Opec In Context, Joel B. Moore
Vanderbilt Journal of Transnational Law
The Organization of the Petroleum Exporting Countries (OPEC) stabilizes petroleum prices to promote the economic prosperity of its member nations for which oil is a substantial export. Price stabilization influences the price of petroleum around the world, impacting the economies of developed and developing countries. Under U.S. antitrust jurisprudence, the OPEC quota agreements that stabilize prices would likely be declared illegal, and other countries might also declare price fixing to be illegal under their respective competition laws.
Several U.S. Senators have recently proposed that price fixing should be illegal under international law as well. This Note avoids a superficial analysis …
Professor Jonathan I. Charney: Commitment Underpinned By Conviction, James R. Mchenry, Iii
Professor Jonathan I. Charney: Commitment Underpinned By Conviction, James R. Mchenry, Iii
Vanderbilt Journal of Transnational Law
When I was asked to speak on behalf of the students regarding Professor Charney's contributions to the Law School, I did initially wonder how closely my relationship with him mirrored the experiences of other students. I worked for him for almost two years as a research assistant for the American Journal of International Law; I spoke with him frequently, either in person or via e-mail, about various international legal issues; and he advised me on both my student note for the Vanderbilt Journal of Transnational Law and on my PhD dissertation. Thus, I knew the image that I had of …
Jonathan I. Charney--Mourning And Celebration, Louis Henkin
Jonathan I. Charney--Mourning And Celebration, Louis Henkin
Vanderbilt Journal of Transnational Law
Here, today, I wish to speak with you about Jon Charney, his good life, and his remarkable achievements. On this occasion I am pleased to add that I knew Jon Charney "professionally" before he began on the road to eminence. I was "present at the creation," as Jon Charney took his first steps toward becoming a world authority on the international Law of the Sea, and an eminent, prominent, lawyer and scholar in international law generally.
Jonny was still a law student when he spent a summer as my research assistant, when both of us learned that there was an …
Jonathan I. Charney: An Appreciation, W. Michael Reisman
Jonathan I. Charney: An Appreciation, W. Michael Reisman
Vanderbilt Journal of Transnational Law
Jonathan Charney was one of the leading international legal scholars of his generation. He was the authority on the Law of the Sea and his magisterial four-volume work on international maritime boundaries quickly became the "vade mecum" for anyone involved in virtually any aspect of the Law of the Sea. But Law of the Sea was only a part of his awesome oeuvre. He wrote authoritatively on the use of force and humanitarian intervention; self-determination; customary international law and, in particular, soft law; international environmental law, international tribunals and jurisdiction, technology, and constitutional law. All of his work was marked …
Nigeria's Crisis Of Corruption--Can The U.N. Global Programme Hope To Resolve This Dilemma?, Nicholas A. Goodling
Nigeria's Crisis Of Corruption--Can The U.N. Global Programme Hope To Resolve This Dilemma?, Nicholas A. Goodling
Vanderbilt Journal of Transnational Law
Transparency International consistently rates the levels of corruption in Nigeria among the highest in the world. Pervasive corruption appears to permeate many levels of Nigerian society. The current Nigerian government, however, has taken great steps to combat this problem through cooperation with the U.N. Global Programme.
This Note examines the structure and goals of the Global Programme and evaluates Nigeria's participation in the project. Part I provides a background analysis of corruption, the effects of corruption, and Nigeria's efforts to curb corruption. Part III analyzes the basic structure of the Programme, while Part IV outlines Nigeria's efforts pursuant to the …
Choice Of Law In Third-Millennium Arbitrations, Fabrizio Marrella
Choice Of Law In Third-Millennium Arbitrations, Fabrizio Marrella
Vanderbilt Journal of Transnational Law
There is little doubt that third-millennium international arbitrators will face the flowering of a transnational rule such as the UNIDROIT Principles for international commercial contracts. They will be used to solve problems of characterization, preliminary questions, and choice of law to the merits of the dispute. In this sense, it appears clearly that these rules are to be construed under a triangular scheme. Thus, lex mercatoria and transnational rules like the UNIDROIT Principles will intervene more and more in the arbitral choice-of-law process in three competing contexts: (1) as a lex contractus; (2) as a means to interpret, supplement, or …
American Judges And International Law, A. M. Weisburd
American Judges And International Law, A. M. Weisburd
Vanderbilt Journal of Transnational Law
This article addresses an issue with which federal courts have been forced to deal with increasing frequency: How ought a judge go about determining the content of customary international law? The article seeks to demonstrate, using the example of the treatment of the concept of "jus cogens" by the courts of appeals, that federal courts have come to rely on doubtful sources in addressing questions of international law. More specifically, it sets out to show that courts frequently do not rely on the actual practice of governments to determine the content of customary international law, which would seem to be …
The Internationalization Of Constitutional Law, Herman Schwartz
The Internationalization Of Constitutional Law, Herman Schwartz
Human Rights Brief
No abstract provided.
An Appreciation Of Jonathan I. Charney, Lori F. Damrosch
An Appreciation Of Jonathan I. Charney, Lori F. Damrosch
Vanderbilt Journal of Transnational Law
Jon Charney preceded me into the academic world by a dozen years and already had a well-established reputation in international law when I was a brand-new law teacher. At the time we met in 1984, Jon was tackling some of the most ambitious topics in the theory and practice of international law, and he reached out to others for collegial engagement on those subjects. From the mid-1980s, he and I worked together on three collaborative books and on many projects for the American Society of International Law and the American Journal of International Law.
Among the themes that preoccupied Jon …
The Return Of Timberlane?: The Fifth Circuit Signals A Return To Restrictive Notions Of Extraterritorial Antitrust, William J. Tuttle
The Return Of Timberlane?: The Fifth Circuit Signals A Return To Restrictive Notions Of Extraterritorial Antitrust, William J. Tuttle
Vanderbilt Journal of Transnational Law
Over the past 100 years, the United States has remained ambivalent regarding the potential extraterritorial application of its antitrust laws. The executive, legislative, and judicial branches began with a doctrine of strict territoriality but promptly shifted toward an examination of the effects of the antitrust activity on U.S. commerce. Since the 1970s, the branches of government have refrained the question as one of statutory interpretation, embraced considerations of international comity, modified those considerations, and eventually rejected many of those same considerations.
Throughout this chaos, however, the results reached by the various branches of government have typically been consistent with the …
Remarks On Jonathan I. Charney, Jeffrey Schoenblum
Remarks On Jonathan I. Charney, Jeffrey Schoenblum
Vanderbilt Journal of Transnational Law
I have been asked to speak for 10 to 15 minutes about a very dear friend and colleague of 25 years, Jon Charney, specifically about his contribution to Vanderbilt Law School. It is difficult to encapsulate any professor's contribution over the course of 30 years in mere minutes. This is especially difficult in Jon Charney's case, because in my opinion, Jon made an extraordinary, extensive, and enduring contribution that has earned him a place in the pantheon, among the giants in the history of this Law School.
This might seem an odd assertion to those who were acquainted with Jon. …
Taking Stock Of Nafta Chapter 11 In Its Tenth Year, Jack J. Coe, Jr.
Taking Stock Of Nafta Chapter 11 In Its Tenth Year, Jack J. Coe, Jr.
Vanderbilt Journal of Transnational Law
The North American Free Trade Agreement (NAFTA) came into force on January 1, 1994. Its Eleventh Chapter establishes substantive guarantees and an arbitral mechanism by which qualifying investors may seek damages for breach of those guarantees. The much-discussed investor-state arbitration apparatus was first invoked in September 1996, and since then has been resorted to several times against each NAFTA state. Many cases have concluded, while others are nearing completion. Though a mature jurisprudence has by no means emerged, substantive trends have been established and several of Chapter l's distinctive features, strengths, and weaknesses have been illuminated.
NAFTA's investor-state docket has …
The Exercise Of Contract Freedom In The Making Of Arbitration Agreements, Thomas E. Carbonneau
The Exercise Of Contract Freedom In The Making Of Arbitration Agreements, Thomas E. Carbonneau
Vanderbilt Journal of Transnational Law
The privatization and contractualization of arbitration, while they empower parties and unburden public institutions, should not eliminate completely the basis for the public regulation of the process. The string of "one-off' arbitrations, gathered together, has consequences upon the public interest in the orderly administration of adjudicative relations in both domestic and international law. The use of arbitration does have a bearing upon the substantive content of legal rights. Judicial vigilance should not only ward off the flagrant abuses of process and procedure in arbitration, but it should also establish an "interests of justice" limitation upon the operation of the process …
Nafta's Investment Chapter: Initial Thoughts About Second-Generation Rights, Charles H. Brower Ii
Nafta's Investment Chapter: Initial Thoughts About Second-Generation Rights, Charles H. Brower Ii
Vanderbilt Journal of Transnational Law
In this Article Professor Brower argues that most observers of NAFTA's investment chapter have missed an important and surprising development: Although the treaty's text shares a philosophical affinity with civil and political rights, its application has revealed an astonishing level of support for economic and social rights (ESCRs) in North America. Professor Brower examines the practical implications of this development both for the presentation of claims in investor-state arbitration and for the better integration of ESCRs into the mainstream of international law.
A Call To Restructure Existing International Environmental Law In Light Of Africa's Renaissance: The United Nations Convention To Combat Desertification And The New Partnership For Africa's Development (Nepad), Leslie C. Clark
Seattle University Law Review
This Comment warns that recent, continent-wide economic development strategies have threatened the ability of Africa to combat desertification. Therefore, the existing desertification treaty, UNCCD, must be amended to ensure its ability to effectuate environmental protection.
The Professional Professor, Kent D. Syverud
The Professional Professor, Kent D. Syverud
Vanderbilt Journal of Transnational Law
Welcome to the Vanderbilt Law School and to this happy occasion in which we reflect on the life and career of Jonathan Charney. I say this is a "happy" occasion deliberately. There have been two months and a lot of tears since Jonathan died, and I know for many people here including me the loss is still deeply felt in expected and unexpected ways. But we are celebrating today, and we should be happy as we reflect on the extraordinary career and accomplishments and life of Jonathan Charney.
Jonathan I. Charney: A Tribute, Richard B. Bilder
Jonathan I. Charney: A Tribute, Richard B. Bilder
Vanderbilt Journal of Transnational Law
I first met Jonathan in 1967 when he was a student in my international law class at the University of Wisconsin Law School. It was only my second year of teaching--I had just come to Wisconsin after some years with the State Department's Office of Legal Adviser. But Jonathan was a generous and forgiving, as well as excellent, student and somehow we both got through the course. Anyway, Jonathan became, first, the student of whom I was most fond; then, as his career developed, the student of whom I was most proud; and, eventually, as the years passed and our …
The Culture Of Arbitration, Tom Ginsburg
The Culture Of Arbitration, Tom Ginsburg
Vanderbilt Journal of Transnational Law
The relationship between "legal culture" and the practice of international arbitration has received increasing attention in recent years. Many see arbitration as a meeting point for different legal cultures, a place of convergence and interchange wherein practitioners from different backgrounds create new practices. Some have suggested that this process has led to an emergent "international arbitration culture" fusing together elements of the common law and civil law traditions. Others see arbitration as a locus of conflict among traditions or as competition among various players.
This comment contests the view that the current state of convergence in arbitration is properly considered …