Digital Commons Network^™

Child Laundering: How The Intercountry Adoption System Legitimizes And Incentivizes The Practices Of Buying, Trafficking, Kidnapping, And Stealing Children, David M. Smolin

David M. Smolin

This article documents and analyzes a substantial incidence of "child laundering" within the intercountry adoption system. Child laundering occurs when children are taken illegally from birth families through child buying or kidnapping, and then "laundered" through the adoption system as "orphans" and then "adoptees." The article then proposes reforms to the intercountry adoption system that could substantially reduce the incidence of child laundering.

Transforming Into An International Lawyer, Susan Franck

Susan D. Franck

No abstract provided.

“The (Cisg) Road Less Travelled”: Grecon Dimter Inc. V. J.R. Normand Inc., Antonin I. Pribetic

Antonin I. Pribetic

This case comment discusses two recently released Canadian decisions on the enforceability of arbitration clauses from the perspective of the United Nations Convention on Contracts for the International Sale of Goods 1980 CISG). At first glance, the Supreme Court of Canada's decision in GreCon Dimter Inc. v. J.R. Normand Inc. appears to be a case upholding the primacy of international commercial arbitration, choice of forum and choice of law clauses. Upon closer scrutiny, however, the Supreme Court of Canada failed to consider the application of the CISG to the overall dispute. Interestingly, the same choice of forum and choice of …

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.

The Challenges Of Wto Law: Strategies For Developing Country Adaptation, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

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

Cleopatra Doumbia-Henry

No abstract provided.

Rules Are Made To Be Broken: How The Process Of Expedited Removal Fails Asylum Seekers, Michele Pistone, John Hoeffner

Michele R. Pistone

Immigration inspectors are authorized to deport persons who arrive at U.S. ports without valid travel documents. This process, which usually occurs within 48 hours and does not allow for judicial review, is called expedited removal. This article begins by summarizing the findings of the few studies allowed access to the process. The authors extrapolate from the studies to demonstrate that thousands of genuine asylum seekers have erroneously been deported via expedited removal. The greatest cause of erroneous deportation is a failure by the agency responsible for the process, Customs and Border Protection (CBP), to follow its own rules. The heart …

Bringing Locus Into Focus: A Choice-Of-Law Methodology For Cisg-Based Concurrent Contract And Product Liability Claims, Antonin I. Pribetic

Antonin I. Pribetic

The article discusses choice-of-law theories for both contractual and tort/product liability claims governed by the CISG. The underlying theme is that concurrent claims are not necessarily equivalent claims. While concurrent liability in contract and tort (namely, product liability) may be applicable or alternative remedies available, the focus of the CISG is the harmonization of rules governing international sale contracts. The article argues that factors such as the place of injury or where the damages are sustained are less relevant than the situs of the contract, based upon the view that, without privity of contract, the concurrent tort would not arise. …

Is Resisting Genocide A Human Right?, David B. Kopel, Paul Gallant, Joanne D. Eisen

David B Kopel

The genocide in Darfur, Sudan, is perhaps the worst human rights crisis of the new century. This article examines the failures of the international response so far, and offers a solution based on international human rights law.

Conducting an in-depth study of the Darfur genocide, and also discussing other genocides, the Article details the inadequacy of many of the international community's response to genocides, including “targeted sanctions” or international peacekeeping forces.

The Article then examines international legal authorities such as the Genocide Convention, the Universal Declaration of Human Rights, and the International Court of Justice, and demonstrates that groups which …

Orange Revolution In Red, White, And Blue: U.S. Impact On The 2004 Ukrainian Election , Natalie Prescott

Natalie Prescott

This article discusses the impact of the U.S. political efforts and the role of the U.S. judiciary in the 2004 Ukrainian election. The article provides an extensive background of Ukrainian election laws, the 2004 controversy, and the impact of U.S. landmark cases on the Ukrainian Supreme Court's decision. The author concludes that the United States played a major role in facilitating the Orange Revolution in Ukraine, and that its influence is likely to continue in the future. This article was presented at Yale Journal of International Law Fourth Annual Young Scholars Conference on March 4, 2006.

Antarrashtriya Dand Nyayalaya Aur Bharat: Kuch Sawaal-Jawaab, Saumya Uma

Saumya Uma

This is the Hindi translation of the publication 'International Criminal Court & India: Some Questions & Answers'

Danda Mukti Ko Virodh, Vahida Nainar, Saumya Uma

Saumya Uma

This is a Hindi translation of the English publication 'Combating Impunity'

Prescriptive Standards Give Way To Principles, 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 …

The Issue Of A Foreign Company Wholly Owned By National Shareholders In The Context Of Icsid Arbitration, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

This article deals with the issue of nationality of corporations in the context of ICSID arbitrations.

A New World Of Discovery: The Ramifications Of Two Recent Federal Courts Decisions Granting Judicial Assistance To Arbitral Tribunals, Anna Conley

Anna Conley

No abstract provided.

The Future Of Transatlantic Economic Relations: Continuity Amid Discord, Gregory C. Shaffer, Mark Pollack

Gregory C Shaffer

No abstract provided.

What's New In Eu Trade Dispute Settlement? Judicialisation, Public-Private Networks And The Wto Legal Order, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

Commentary Of Article 37 Of The Statute Of The International Court Of Justice, Daphne Richemond-Barak, Bruno Simma

Daphne Richemond-Barak

No abstract provided.

Mutual Recognition And Enforcement Of Arbitral Awards In Mainland China And Taiwan: A Breakthrough In Cross-Strait Relations, Jason A. Blatt

Jason A Blatt

While political relations between China and Taiwan have gone from bad to worse in recent years, the growing importance of economic relations between both sides of the Taiwan Strait has compelled governments on both sides to amend relevant laws and regulations so that courts may recognize and enforce arbitral awards rendered by each other's arbitral organizations. This historic trend started in 1992, when Taiwan passed a statute authorizing courts to recognize and enforce Chinese arbitral awards. China reciprocated in 1998 by issuing regulations permitting recognition and enforcement of Taiwan-issued arbitral awards. Significantly, courts on both sides have recently begun enforcing …

I Am My Own Worst Enemy: Problems And Possibilities Of European Foreign, Eric A. Engle

Eric A. Engle

The European Union ("EU") implements a Common Foreign and Security Policy. This paper argues EU Foreign policy is incohesive, but growing more cohesive. The EU poses no threat to U.S. interests; however, poses only limited opportunities for U.S. foreign policy because the U.S. has relentlessly pursued a short-sighted and self-destructive foreign policy since 2002. The paper elaborates this thesis by considering institutional actors and historical experiences. Thus, it provides an overview of the institutional structure of the EU Common Foreign and Security Policy, as well as an overview of historic experiences of EC foreign policy.

Theseus's Ship Of State: Confederated Europa Between The Scylla Of Mere Alliance And The Charybdis Of, Eric A. Engle

Eric A. Engle

The article argues that Europe is a confederation, that confederations can be one form of state, and that the EU is best apprehended not as a sui generis entity like the British Commonwealth but as a weak and limited confederal state.

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.

The Trial Smelter Case, International Environmental Harms, And The Draft Articles On State Responsibility, Mark Drumbl

Mark A. Drumbl

No abstract provided.

The Maritime Labour Convention, 2006 Consolidates Seafarers’ Labour Instruments, Cleopatra Doumbia-Henry, D. Devlin, Moira Mcconnell

Cleopatra Doumbia-Henry

No abstract provided.

The Role Of The Soviet Union At The International Military Tribunal At Nuremberg, Michael Bazyler

Michael Bazyler

No abstract provided.

Free Trade Agreements And Labour Rights: Recent Developments, Cleopatra Doumbia-Henry, Eric Gravel

Cleopatra Doumbia-Henry

No abstract provided.

Supplement Of Basic Documents To International Law And World Order, Andrew Strauss, Burns Weston, Richard Falk, Hilary Charlesworth

Andrew L. Strauss

No abstract provided.

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

Frank J. Garcia

No abstract provided.