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No Longer Immune? How Network Theory Decodes Normative Shifts In Personal Immunity For Heads Of State, Nadia Banteka Jan 2019

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 Jan 2017

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 Jan 2016

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2012

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 Jan 2012

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 Jan 2012

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 Jan 2012

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 Jan 2011

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 Jan 2010

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 Jan 2010

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 Jan 2009

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 Jan 2009

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2007

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 Jan 2006

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 Jan 2006

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 Jan 2005

Emerging International Regime Of Financial Servicesregulation, Michael P. Malloy

McGeorge School of Law Scholarly Articles

No abstract provided.


Was Bedeutet "Terrorismus?", Michael P. Malloy Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2001

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 Jan 2001

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.