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Full-Text Articles in Law
No Longer Immune? How Network Theory Decodes Normative Shifts In Personal Immunity For Heads Of State, Nadia Banteka
No Longer Immune? How Network Theory Decodes Normative Shifts In Personal Immunity For Heads Of State, Nadia Banteka
McGeorge School of Law Scholarly Articles
The customary international law (CIL) norm of personal immunity for Heads of State has come under significant fire in the past decade. While immunity norms have traditionally been absolute, the increasing influence of the human rights and anti-impunity movements, coupled with pleas for international criminal responsibility for egregious human rights and humanitarian violations, have eroded them, particulary within international jurisdictions. These changes reflect a larger challenge to the traditional statecentric model. Although states remain the primary makers of international law, many other participants, including international organizations, courts, and non-governmental oganizations (NGOs), are crucial to the development of international legal norms …
The Road Not Taken: A Comparison Of The E.U. And U.S. Insider Trading Prohibitions, Franklin A. Gevurtz
The Road Not Taken: A Comparison Of The E.U. And U.S. Insider Trading Prohibitions, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
This essay, written for a symposium on insider trading in the Washington University Journal of Law and Policy, explores the different paths taken by the United States and the European Union with respect to who is subject to the prohibition on insider trading. After providing an overview of the difference between the U.S. and the E.U. prohibition, the essay explores the different outcomes that would occur under U.S. versus E.U. law in several high profile insider trading cases of recent years. The essay also addresses the jurisdictional reach of each regime’s prohibition and considers the normative lessons of this …
Using International Property Law As A Lever To Evolve Toward Integrative Ocean Governance, Rachael E. Salcido
Using International Property Law As A Lever To Evolve Toward Integrative Ocean Governance, Rachael E. Salcido
McGeorge School of Law Scholarly Articles
TABLE OF CONTENTS I. INTRODUCTION .............................................................................................. 254 II. BACKGROUND ............................................................................................... 255 A. Brief Primer on Ocean Jurisdiction ...................................................... 256 B. Dispute Resolution and International Governance ............................... 257 C. The Power of Property .......................................................................... 259 D. Ocean Governance Support for an International Property Law Thesis ..................................................................................................... 260 III. STATE OF OCEAN HEALTH ........................................................................... 261 A. Overfishing ............................................................................................ 262 B. Climate Change ..................................................................................... 263 C. Pollution ................................................................................................ 264 1. Traditional Pollution ...................................................................... 264 2. Special Growing Plastic Pollution Problem ................................... 265 D. Industrialization .................................................................................... 265 1. Marine Renewable Energy .............................................................. 266 2. Aquaculture ..................................................................................... 268 3. Offshore Oil and Gas ...................................................................... 268 …
The Global Right To Property, John G. Sprankling
The Global Right To Property, John G. Sprankling
McGeorge School of Law Scholarly Articles
Does a right to property exist under international law? The traditional answer to this question is “no”―a right to property can arise only under national law. But sweeping economic and political changes in recent decades have laid the foundation for recognizing a global right to property. Ideological opposition to property rights has faded with the end of the Cold War; China, Russia, and other socialist states have transitioned to market economies which are premised on private property; and the globalization of trade has enhanced international support for protecting property rights. Accordingly, it is appropriate to revisit the question.
This article …
The Subversion Of State – To State Investment Treaty Arbitration, Jarrod Wong
The Subversion Of State – To State Investment Treaty Arbitration, Jarrod Wong
McGeorge School of Law Scholarly Articles
State-to-state arbitration provisions in bilateral investment treaties and other international investment agreements (collectively called BITs here) have been little used—and rightly so—given the introduction of investor-state arbitration provisions in the same BITs. In a handful of cases, however, some states have sought to resurrect state-to-state arbitration, either to contest issues already decided in separate investorstate arbitral proceedings, or else to stave off such proceedings. Most recently and controversially, in Ecuador v. U.S., Ecuador initiated arbitration against the United States under the U.S.-Ecuador BIT to (re)arbitrate an issue that had arguably been determined against Ecuador in a separate prior arbitration between …
An Introduction To The Symposium And An Examination Of Morrison’S Impact On The Presumption Against Extraterritoriality, Franklin A. Gevurtz
An Introduction To The Symposium And An Examination Of Morrison’S Impact On The Presumption Against Extraterritoriality, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
There’S A Whole World Out There: Justice Kennedy’S Use Of International Sources, Stephen C. Mccaffrey
There’S A Whole World Out There: Justice Kennedy’S Use Of International Sources, Stephen C. Mccaffrey
McGeorge School of Law Scholarly Articles
No abstract provided.
The Future Of The International Criminal Court: Complimentarity As A Strength Or A Weakness?, Linda Carter
The Future Of The International Criminal Court: Complimentarity As A Strength Or A Weakness?, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
Keynote: Sustainability And Sovereignty In The 21st Century, Stephen C. Mccaffrey
Keynote: Sustainability And Sovereignty In The 21st Century, Stephen C. Mccaffrey
McGeorge School of Law Scholarly Articles
No abstract provided.
The Global Impact And Implementation Of Human Rights Norms: Introduction, Linda Carter
The Global Impact And Implementation Of Human Rights Norms: Introduction, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
Contractualism In The Law Of Treaties, Omar M. Dajani
Contractualism In The Law Of Treaties, Omar M. Dajani
McGeorge School of Law Scholarly Articles
No abstract provided.
The Emergence Of International Property Law, John G. Sprankling
The Emergence Of International Property Law, John G. Sprankling
McGeorge School of Law Scholarly Articles
This Article explores a new field: international property law. International law increasingly creates, regulates, or otherwise affects the property rights of individuals, business entities, and other non-state actors. Globalization, democratic reforms, technology, and human rights principles have all contributed to this development.
The Article begins by examining the unsuccessful effort to create a broad, internationally-enforceable human right to property during the second half of the twentieth century. Despite this failure, international property law doctrines have evolved in specialized contexts over recent decades. The Article demonstrates that these doctrines stem from four sources: (a) regulation of the global commons; (b) …
Torture And The War On Terror: The Need For Consistent Definitions And Legal Remedies, Linda Carter
Torture And The War On Terror: The Need For Consistent Definitions And Legal Remedies, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
The Globalization Of Corporate Law: The End Of History Or A Never-Ending Story?, Franklin A. Gevurtz
The Globalization Of Corporate Law: The End Of History Or A Never-Ending Story?, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
Considerable scholarship during the last few decades addresses the question of whether corporate laws are becoming global by converging on commonly accepted approaches. Some scholars have asserted that such convergence is occurring around the most efficient laws and institutions, thereby marking the “End of History” for corporate law. This Article responds to such assertions by developing three claims not previously given due attention in the convergence literature. First, it demonstrates that the history of corporations and corporate law has been one of seemingly constant movement toward global convergence, yet the resulting convergence is always incomplete or transitory. Next, it points …
Beyond International Water Law: Successfully Negotiating Mutual Gains Agreements For International Watercourses, Alex Grzybowski, Stephen C. Mccaffrey, Richard K. Paisley
Beyond International Water Law: Successfully Negotiating Mutual Gains Agreements For International Watercourses, Alex Grzybowski, Stephen C. Mccaffrey, Richard K. Paisley
McGeorge School of Law Scholarly Articles
No abstract provided.
The Principle Of Complementarity And The International Criminal Court: The Role Of Ne Bis In Idem, Linda Carter
The Principle Of Complementarity And The International Criminal Court: The Role Of Ne Bis In Idem, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
Reconstructing The Responsibility To Protect In The Wake Of Cyclones And Separatism, Jarrod Wong
Reconstructing The Responsibility To Protect In The Wake Of Cyclones And Separatism, Jarrod Wong
McGeorge School of Law Scholarly Articles
This Article reconceptualizes the doctrine of the responsibility to protect (R2P). R2P provides that when a government fails to protect its citizens from genocide, war crimes, ethnic cleansing or crimes against humanity (“mass atrocities”), that responsibility shifts to the international community acting through the United Nations.
The U.N.'s apparent failure to include natural disasters in the catalogue of harms potentially justifying R2P intervention generated considerable controversy following Myanmar's refusal of foreign aid following the devastation wrought by Cyclone Nargis. Those seeking to limit the scope of R2P considered it inapplicable in the case of Myanmar, reading the U.N.'s focus on …
The International Law Commission Adopts Draft Articles On Transboundary Aquifers, Stephen C. Mccaffrey
The International Law Commission Adopts Draft Articles On Transboundary Aquifers, Stephen C. Mccaffrey
McGeorge School of Law Scholarly Articles
No abstract provided.
The 1997 U.N. Watercourses Convention: Retrospect And Prospect, Stephen C. Mccaffrey
The 1997 U.N. Watercourses Convention: Retrospect And Prospect, Stephen C. Mccaffrey
McGeorge School of Law Scholarly Articles
No abstract provided.
The Asymmetrical Nature Of The U.S. Treaty Processes And The Challenges That Poses For Human Rights, John Cary Sims
The Asymmetrical Nature Of The U.S. Treaty Processes And The Challenges That Poses For Human Rights, John Cary Sims
McGeorge School of Law Scholarly Articles
No abstract provided.
Retooling Law Enforcement To Investigate And Prosecute Entrenched Corruption: Key Criminal Procedure Reforms For Indonesia And Other Nations, Leslie Gielow Jacobs, Benjamin B. Wagner
Retooling Law Enforcement To Investigate And Prosecute Entrenched Corruption: Key Criminal Procedure Reforms For Indonesia And Other Nations, Leslie Gielow Jacobs, Benjamin B. Wagner
McGeorge School of Law Scholarly Articles
No abstract provided.
Justice And Reconciliation On Trial: Gacaca Proceedings In Rwanda, Linda Carter
Justice And Reconciliation On Trial: Gacaca Proceedings In Rwanda, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
The Shrinking Dead Sea And The Red-Dead Canal: A Sisyphean Tale, Stephen C. Mccaffrey
The Shrinking Dead Sea And The Red-Dead Canal: A Sisyphean Tale, Stephen C. Mccaffrey
McGeorge School of Law Scholarly Articles
No abstract provided.
Umbrella Clauses In Bilateral Investment Treaties: Of Breaches Of Contract, Treaty Violations, And The Divide Between Developing And Developed Countries In Foreign Investment Disputes, Jarrod Wong
McGeorge School of Law Scholarly Articles
No abstract provided.
Emerging International Regime Of Financial Servicesregulation, Michael P. Malloy
Emerging International Regime Of Financial Servicesregulation, Michael P. Malloy
McGeorge School of Law Scholarly Articles
No abstract provided.
Was Bedeutet "Terrorismus?", Michael P. Malloy
Was Bedeutet "Terrorismus?", Michael P. Malloy
McGeorge School of Law Scholarly Articles
No abstract provided.
Conclusion: The Rule Of Law Among Countries, Stephen C. Mccaffrey
Conclusion: The Rule Of Law Among Countries, Stephen C. Mccaffrey
McGeorge School of Law Scholarly Articles
No abstract provided.
Compliance Without Remands: The Experience Under The European Convention On Human Rights, John Cary Sims
Compliance Without Remands: The Experience Under The European Convention On Human Rights, John Cary Sims
McGeorge School of Law Scholarly Articles
No abstract provided.
Biotechnology: Some Issues Of General International Law, Stephen Mccaffrey
Biotechnology: Some Issues Of General International Law, Stephen Mccaffrey
McGeorge School of Law Scholarly Articles
No abstract provided.
International Water Law For The 21st Century: The Contribution Of The U.N. Convention, Stephen C. Mccaffrey
International Water Law For The 21st Century: The Contribution Of The U.N. Convention, Stephen C. Mccaffrey
McGeorge School of Law Scholarly Articles
In May, 1997, the United Nations General Assembly adopted the Convention on the Law of the Non- Navigational Uses of International Watercourses, a treaty that largely codifies the general principles of international water law. While not entirely free from controversy, the Convention has already been influential and will doubtless continue to be well into the 21st century. This paper provides an overview of the Convention, comments on some of its salient provisions, and considers its future influence.