Digital Commons Network^™

Hostis Humani Generi: Piracy, Terrorism And A New International Law, Douglas R. Burgess Jr.

University of Miami International and Comparative Law Review

No abstract provided.

Patentability Criteria In Different Countries, Umakant Mishra

Umakant Mishra

The patent system is designed to attract inventors to disclose and protect their inventions. While disclosing the invention benefits the society, protecting the invention benefits the inventor. However, the invention must fulfill certain criteria to be patentable. Hence, patentability assessment is extremely important before filing a patent application. Although there are some commonalities in the criteria of patentability there are some differences from country to country depending on the law of the land. In many cases the criteria are very vague and the patent application may be rejected for several unforeseen reasons. A proper patentability assessment helps the inventors assessing …

John Paul Stevens, Human Rights Judge, Diane Marie Amann

Scholarly Works

This article explores the nature and origins of Supreme Court Justice John Paul Stevens' engagement with international and foreign law and norms. It first discusses Stevens' pivotal role in the revived use of such norms to aid constitutional interpretation, as well as 1990s opinions testing the extent to which constitutional protections reach beyond the water's edge and 2004 opinions on post-September 11 detention. It then turns to mid-century experiences that appear to have contributed to Stevens' willingness to consult foreign context. The article reveals that as a code breaker Stevens played a role in the downing of the Japanese general …

The Case For A Flat-Earth Law School, Erik M. Jensen

Faculty Publications

This essay suggests - usually politely - that the American legal academy has been overdoing its push for globalization, and, as a result, education in the basics has suffered. That's a pity because law school graduates need to know the basics to be successful not only in Smalltown USA, but also on a world stage.

Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets

American University Law Review

No abstract provided.

Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets

American University Law Review

No abstract provided.

The Legal Dimensions Of Climate Change: Conference Report, Jennifer Rohleder, Jillian Button

PEEL Alumni Scholarship

The conference was attended by more than 150 participants representing a broad spectrum of the legal community: law students and faculty, in-house counsel, law firm attorneys, government policymakers, and public interest advocates. The attendees gained information about the latest developments in the field, with a special focus on the challenges and opportunities faced by the business sector. Case studies explored how leading companies assess risk, evaluate their emissions, and develop reduction strategies. Participants left the event with information and skills they will be able to use to help assess corporate climate risks and opportunities, and develop strategies for the future. …

The Effects Of The Kyoto Protocol On Taiwan, Yi-Yuan William Su

PEEL Alumni Scholarship

Both the UNFCCC and the Kyoto Protocol, like many international agreements, limit participation in negotiations and ratification to “States.” After the General Assembly of the United Nations recognized the People’s Republic of China (“PRC”) as the only representative of China in 1971, most States severed diplomatic relations with Taiwan. As it is not recognized as a “State” pursuant to international treaty definitions, Taiwan faces a tremendous obstacle to participating in international organizations. For instance, it is typically excluded from negotiations and discussion in all meetings concerning multilateral environmental agreements.

Climate Change, The Kyoto Protocol, And The World Trade Organization: Challenges And Conflicts, Daniel Mcnamee

PEEL Alumni Scholarship

This article seeks to address one possible domestic step that State Parties to the Kyoto Protocol may take to reduce emissions, the additional measure which must be taken to address the international competitiveness of the effected industries, and the compatibility of these measures with WTO obligations. In particular, the article will address the use of a tax based on the amount of carbon or energy used during the production process. While such a tax may effectively reduce harmful emissions, it will also increase costs for domestic industry, thereby reducing international competitiveness. Therefore, governments may seek to implement a border tax …

The Role Of Third-Party Verification In Emissions Trading Systems: Developing Best Practices, Jennifer Rohleder

PEEL Alumni Scholarship

This article examines several of the emissions trading systems currently in place around the world and how they conduct their monitoring and verification processes. By comparing the systems, and studying their experiences, we can distill best practices for implementing an effective monitoring and verification protocol. Compliance is required in both a command-and-control system and a trading system; but a trading system has the additional demands of transparency and confidence in the scheme. Verification is critical because it promotes compliance, which in turn is needed to foster trust and stability in the market. Emissions disclosure must be universally trusted in order …

Korea's Competition Law And Policies In Perspective Symposium On Competition Law And Policy In Developing Countries , Youngjin Jung, Seung Wha Chang

Northwestern Journal of International Law & Business

The aim of this article is to provide an overview of competition law and competition policy in Korea and to analyze their relationship with other important national economic policies. Section II provides a historical survey of the country's competition law and policy. Section III examines the major components of the law and evaluates how the antitrust authority has actually enforced its provisions in practice. It also highlights elements of the law that have been tailored to Korea's unique economic circumstances. Section IV focuses on the relationship between competition policy and related economic policies-in particular, industrial policy and trade and investment …

The Limits Of Intervention—Humanitarian Or Otherwise, J. Peter Pham

Human Rights & Human Welfare

A review of:

The Dark Sides of Virtue: Reassessing International Humanitarianism by David Kennedy. Princeton: Princeton University Press, 2004. 400 pp.

and

At the Point of a Gun: Democratic Dreams and Armed Intervention by David Rieff. New York: Simon & Schuster, 2005. 288 pp.

He Knew Why He Was Here, D. D. Welch

Vanderbilt Journal of Transnational Law

Hal was passionate about his Transnational Legal Studies Program. He was brought to Vanderbilt in 1965 to build an international law program from scratch. In these days of globalization, it is difficult to remember how innovative his work was. In his first year, there were three international law courses at the Law School, all taught by him. There was a testy difference of opinion on campus about whether international law materials should be housed in the Law Library or remain in the University's Central Library...and there were not many materials in that collection. When Maier was named Director of the …

Finding The Winning Combination: How Blending Organ Procurement Systems Used Internationally Can Reduce The Organ Shortage, Sarah E. Statz

Vanderbilt Journal of Transnational Law

The shortage in transplantable organs worldwide not only leads to unnecessary death, but also to grave human rights abuses through illegal methods of procuring organs. The shortage leads some desperate to find an organ through any possible means, including purchasing an organ on the black market. The system for procuring organs in the United States is based on altruism, where potential donors have to opt in to the system in order for their organs to be donated. This creates issues at the time of death for medical professionals or the next of kin to decide whether their patient or loved …

Whose Law Is It Anyway? The Cultural Legitimacy Of International Human Rights In The United States, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.

How Just Is The Union's Area Of Freedom, Security And Justice?:An Assessment Of The Normative Status Of International Fundamental Rights In The Union's Legal Order., Stephen Carruthers

Other resources

This thesis argues that international fundamental rights provide the most appropriate measure of justice for the Union’s area of ‘freedom, security and justice’ (AFSJ). However, it is argued that the normative status of international fundamental rights in Union law is undermined by the pursuit of the objective of autonomy of Union law and deficiencies in the legal mechanisms for giving effect to those rights.

This research analyses the sources and normative status of international fundamental rights in Union law, and in particular the AFSJ, both as currently constituted and under the Constitution, and assesses the robustness and effectiveness of the …

The Alien Tort Statute And The Torture Victims' Protection Act: Jurisdictional Foundations And Procedural Obstacles, Eric A. Engle

Eric A. Engle

Outlines the jurisdictional and procedural obstacles to alien tort claims and claims under the torture victims's protection act and presents solutions to them.

Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin

Faculty Scholarship

No abstract provided.

Rule-Skepticism, "Strategery," And The Limits Of International Law, David Gray

Faculty Scholarship

This is a review essay of Eric Posner and Jack Goldsmith's fascinating book, The Limits of International Law. In the essay I provide an exegesis of the core argument of the book, which is that the conduct of states in fields occupied by international law is more powerfully described by game theory than by law talk. In particular, the authors argue that state conduct traditionally described in terms of obedience and violation is actually determined by self-interest modified by the strategic conditions of identifiable games; principally coincidence games, coordination games, coercion games, and iterated prisoner dilemmas. In the essay I …

In Honor Of Professor Harold G. Maier, David P. Stewart

Vanderbilt Journal of Transnational Law

Among his many other significant accomplishments and career achievements, Professor Maier can count a singular experience which few in the field of international law are privileged to enjoy-that of spending a year as the Counselor on International Law at the U.S. Department of State in Washington, D.C.

The Counselor occupies a senior position within the Office of the Legal Adviser. Organizationally, the incumbent reports to and works directly with the Legal Adviser and his Deputies in advising the Secretary of State and other senior officials on whatever fast-moving issues might occupy the foreign policy attention of the government at a …

Using International Law To Interpret National Constitutions-Conceptual Problems: Reflections On Justice Kirby's Advocacy Of International Law In Domestic Constitutional Jurisprudence, A. Mark Weisburd

American University International Law Review

No abstract provided.

Seal Of Disapproval: International Implications Of South Carolina's Notary Statute, T. David Hoyle

South Carolina Journal of International Law and Business

No abstract provided.

Remarks By An Idealist On The Realism Of 'The Limits Of International Law', Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This paper is a response to Jack L. Goldsmith and Eric A. Posner, 'The Limits of International Law' (Oxford 2005), part of a symposium on the book held at the University of Georgia Law School in October 2005. The review views 'The Limits of International Law' sympathetically, and focuses on the intersection between traditional and new methodologies of international law scholarship, on the one hand, and the substantive political commitments that differing international law scholars hold, on the other. The paper notes that some in the symposium claim that the problem with 'The Limits of International Law' is that it …

The Patent Cooperation Treaty: At The Center Of The International Patent System, Jay Erstling

Faculty Scholarship

In view of the fact that the PCT is composed of almost 130 countries and that more than 100 national and regional patent offices, as well as WIPO itself, perform PCT functions, it is remarkable that the system operates so smoothly and continues to gain momentum. Perhaps the system’s greatest strength comes from the immense diversity of legal, linguistic, and national cultures that constitute the PCT. While the system has served to harmonize divergent practices, it has also been obliged to accommodate to the sometimes inflexible peculiarities of national law and procedure. The PCT’s ability to strike a balance between …

Fundamentally Conflicting Views Of The Rule Of Law In China And The West & (And) Implications For Commercial Disputes, Benedict Sheehy

Northwestern Journal of International Law & Business

This paper is an examination of the notions of law, the Rule of Law, and commercial practice in the West and China. The paper outlines the basic philosophical principles and legal concomitants of the Rule of Law, and the corollary Chinese principles and concomitants. It examines the traditions, differences, and similarities in thinking about the issues in each tradition. It then examines the implications of these differences in commercial dispute resolution. After this discussion of traditions, similarities, and differences and their impact on commercial dispute resolution, the paper turns to address how the discrepancies could be dealt with in the …

Challenges To The Effective Implementation Of Competition Policy In Regulated Sectors: The Case Of Telecommunications In Mexico Symposium On Competition Law And Policy In Developing Countries , Oliver Solano, Rafael Del Villar, Rodrigo Garcia-Verdu

Northwestern Journal of International Law & Business

This article reviews Mexico's competition law and policy, with particular emphasis on the challenges that the Federal Competition Commission ("CFC") has faced in implementing an effective competition policy. Some of the difficulties analyzed are the loopholes in the current laws, the lack of cooperation between the CFC and other sectoral regulators, and the regulatory arbitrage by market participants. These challenges are then illustrated by the developments in the telecommunications sector. This sector is particularly interesting in the case of Mexico given the overwhelming power of the dominant firm and the overlapping and even conflicting mandates of the different government authorities …

The Regime Of Boarding Ships In International Maritime Law, Salam Khadim Baghdad Al-Khafaji

World Maritime University Dissertations

No abstract provided.

An International Train Wreck Caused In Part By A Defective Whistle: When The Extraterritorial Application Of Sox Conflicts With Foreign Laws, Ian L. Schaffer

Fordham Law Review

No abstract provided.

Case Comment, Sanchez-Llamas V. Oregon, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Doctrines Without Borders: Territorial Jurisdiction And The Force Of International Law In The Wake Of Rasul V. Bush, Brennan T. Brooks

Vanderbilt Journal of Transnational Law

Following the attacks of September 11, 2001, the United States responded with military action aimed at eradicating terrorist networks around the world. The action in Afghanistan resulted in several hundred captured enemy combatants being sent to the U.S. naval base at Guantanamo Bay, Cuba. Because the base is not within the territory of the United States, the Bush administration took the position that the detainees could be held indefinitely without review in civilian courts. In a surprising move, the U.S. Supreme Court held that the detainees did have a right to petition civilian courts for habeas corpus review. Thus, the …