Law Commons^™

Tax, Trade And Harmful Tax Competition: Reflections On The Fsc Controversy, Reuven S. Avi-Yonah

Articles

This article contrasts three approaches to dealing with the BEPS problem: adopting a unitary taxation regime, ending deferral, and adopting anti-base-erosion measures. It concludes that while the first approach is the best long-term option, the other two are more promising as immediate candidates for adoption in the context of U.S. tax reform and the OECD BEPS project.

Israel's Voice Muffled Amid Hail Of Stones: Distortion: Confronted With A Campaign Of Violence And Propaganda, Israel Goes Unheard In The Court Of World Opinion, Kenneth Lasson

All Faculty Scholarship

"I am in the U.S. until February. A few weeks ago, I went to our embassy in Washington and offered to speak on Israel's behalf, to present the true story of what's going on, to counter the very effective job being done by the Palestinians of making it appear as if they are Davids fighting Goliath, and we are not getting the truth out. But the people at the embassy just shrugged."

He knows that in 1948 some 630,000 Arab refugees were encouraged to leave Israel by their leaders, who promised to purge the land of Jews. Instead, they became …

Constitutional Change And International Government, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2000-2001, Georgia Journal Of International And Comparative Law

Materials from All Student Organizations

No abstract provided.

After Seattle: Public International Organizations, Non-Governmental Organizations (Ngos), And Democratic Legitimacy In An Era Of Globalization: An Essay In Contested Legitimacy, Kenneth Anderson

Working Papers

This working monograph (about 120,000 words) analyzes the relationship between public international organizations such as the United Nations system and international non-governmental organizations under conditions of globalization.It argues that international organizations and international NGOs are locked in an embrace of mutual legitimation, each giving the other important political legitimacy, in favor of liberal internationalism and at the expense of democratic sovereignty. The monograph argues that the legitimacy that each gives the other is based on flawed assumptions about the nature of civil society and "international civil society," on the one hand, and global governance and the possibilities of international, global …

Jerusalem Policy Makes No Sense, Kenneth Lasson

All Faculty Scholarship

Born recently in Jerusalem, this tiny apolitical person has just arrived in Baltimore from Israel with his proud parents, a journey that required him to have an American passport. All went smoothly at the U.S. consulate in East Jerusalem until I asked the woman processing the forms why there was no country listed after "Jerusalem" on the passport application.

In 1948, President Harry Truman, ignoring strong objections from the State Department, enabled the United States of America to become one of the first countries to recognize Israel. Jerusalem has always been Israel's capital. All U.S. embassies are situated in the …

Injunctions Restraining Calls On Performance Bonds: Is Fraud The Only Ground In Singapore?, Quentin Loh, Hang Wu Tang

Research Collection Yong Pung How School Of Law

This paper traces the divergence of Singapore law from English law with regard to the grounds upon which a call on a performance bond can be restrained, in particular the recent recognition of the Singapore Court of Appeal's ruling that "unconscionability" is a separate ground to restrain the call of a performance bond. This article examines the legal nature of an on demand performance bond and seeks to challenge the assumption that a performance bond is a mirror image of a letter of credit. This paper also discusses the recent case of Cargill International v. Bangladesh Sugar and Food Industries …

Spotting Money Launderers: A Better Way To Fight Organized Crime?, Diane Marie Amann

Scholarly Works

Money laundering investigations have been much in the news of late. There have been stories that Radil Salinas de Gortari laundered kickbacks from drug traffickers while his brother was President of Mexico. That Ferdinand Marcos stashed nearly half a billion dollars in Swiss banks while he ruled the Philippines. That two of Mexico's largest banks have pleaded guilty to laundering charges stemming from a controversial U.S. sting operation. That the former prime minister of Ukraine pleaded guilty to Swiss charges that he laundered $9 million in stolen funds, even as he faced U.S. charges of laundering $114 million. And, of …

Harmonic Convergence? Constitutional Criminal Procedure In An International Context, Diane Marie Amann

Scholarly Works

Throughout the world, a trend toward a shared - a constitutional - criminal procedure may be detected. It is evident in common-law, civil-law, and mixed systems: individual states like China adopt laws promising once-alien concepts like a presumption of innocence, even as supranational bodies like the International Tribunal for the former Yugoslavia debate how to adapt certain norms to a hybrid structure. Some have suggested that such developments may herald a harmonic convergence of criminal procedure rules. This Article examines the likelihood of such a convergence. It establishes as a keynote around which harmony may develop the model of constitutional …

The Legal Characterization Of The Asia-Pacific Economic Cooperation (Apec) And The Individual Action Plans In International Law, Sedfrey M. Candelaria

Ateneo School of Law Publications

The emergence of various economic groupings in different parts of the world has given rise to the accompanying issue of compliance by member States with their commitments under the respective charters or codes of conduct of their economic or trade regimes. A fundamental concern confronting these regimes is the need to design a system of effectively enforcing the obligations and commitments assumed by member States. Historically, the evolution of law in the realm of international economic transactions took a cautious route. While States have traditionally entered into bilateral agreements in the form of friendship, commerce and navigation treaties, the concept …

The Persistent Problem Of Obligation In International Law, Eduardo M. Peñalver

Cornell Law Faculty Publications

Christians And The Military, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

International Debt Forgiveness And Global Poverty Reduction, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

Of Law, Lawlessness, And Sovereignty : Multinational Peacekeeping And International Law, Antje Mays

Dacus Library Faculty Publications

Laws of war have been carefully defined by individual nations’ own codes of law as well as by supranational bodies. Yet the international scene has seen an increasing movement away from traditionally declared war toward multinational peacekeeping missions geared at containing local conflicts when perceived as potential threats to their respective regions’ political stability. While individual nations’ laws governing warfare presuppose national sovereignty, the multinational nature of peacekeeping scenarios can blur the lines of command structures, soldiers’ national loyalties, occupational jurisdiction, and raise profound questions as to which countries’ moral sense/governmental system is to be the one upheld. Historically increasingly …

Confessions And The Right To Counsel: Reflections On Recent Changes In Turkish Criminal Procedure, Robert K. Calhoun

Publications

No abstract provided.

Panel: The International Criminal Court: Contemporary Perspectives And Prospects For Ratification, Ruti Teitel, Roy Lee, William K. Lietzau, George Fletcher, Richard Dicker, Paul Dubinsky

Law Faculty Research Publications

No abstract provided.

Book Review Of Kosovo: How Myths And Truths Started A War, Linda A. Malone

Faculty Publications

No abstract provided.

Globalizing The Rule Of International Law At The Pre-Dawn Of A New Millennium, Sompong Sucharitkul

The Sompong Sucharitkul Center for Advanced International Legal Studies

Following the close of the United Nations Decade of International Law on December 31, 1999, a new era has dawned within the American Society of International Law. The Group or Section involved in the United Nations Decade of International Law has renewed its continuing interests in international legal developments under the newly acquired title of UN21 or United Nations Legal Developments in the Twenty-First Century. Setting aside the precise date at which the twenty-first century and the Third Millennium may be truly considered to start running, i.e., on January 1st, 2000 Y2K or 2001 Y2K + 1. It is clear …

The Internet Is Changing The Public International Legal System, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

The Ottawa Convention Banning Landmines, The Role Of International Non-Governmental Organizations And The Idea Of International Civil Society, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

Establishment of the Ottawa Convention Banning Landmines was regarded by many international law scholars, international activists, diplomats and international organization personnel as a defining, 'democratizing' change in the way international law is made. By bringing international NGOs - what is often called 'international civil society' - into the diplomatic and international law-making process, many believe that the Ottawa Convention represented both a democratization of, and a new source of legitimacy for, international law, in part because it was presumably made 'from below'. This article sharply questions whether the Ottawa Convention and the process leading up to it represents and real …

Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram

Faculty Scholarship

This article examines the stereotyping of Islam both by advocates and academics in refugee rights advocacy. The article looks at a particular aspect of this stereotyping, which can be seen as ‘neo-Orientalism’ occurring in the asylum and refugee context, particularly affecting women, and the damage that it does to refugee rights both in and outside the Arab and Muslim world. The article points out the dangers of neo-orientalism in framing refugee law issues, and asks for a more thoughtful and analytical approach by Western refugee advocates and academics on the panoply of Muslim attitudes and Islamic thought affecting applicants for …

Will Convergence Of Financial Disclosure Standards Change Sec Regulation Of Foreign Issuers, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Is Global Governance Safe For Democracy?, Joel R. Paul

Faculty Scholarship

No abstract provided.

The Problem Of Obtaining Evidence For International Criminal Courts, Jacob Katz Cogan

Faculty Articles and Other Publications

International criminal courts will be judged by their fairness to defendants as well as to victims. In a very practical way, such claims will hinge, inter alia, on the ability of prosecutors and defendants to have reasonable access to probative evidence. But international criminal courts depend on states to provide them with evidence or access to evidence. The obligation of states to cooperate with international criminal tribunals in the production of evidence was at issue in the recent decision of the International Criminal Tribunal for the former Yugoslavia in the Blaki case (1997). That judgment and the provisions of the …

The Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond- Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley

Scholarly Works

This article will analyze human rights law to see whether it plays any role in the protection of the individual in the face of international extradition or other international cooperation in criminal matters. I will consider two approaches to extradition and human rights that seem to be vying for position in the world arena and the tension between them. The first is to apply the traditional statist exemptions to extradition, which sometimes have enabled a few human rights protections. This approach is based on the concept that states are the only subjects of international law. Thus, it is state's interests, …

Water, Water Everywhere, But Too Few Drops To Drink: The Coming Fresh Water Crisis And International Environmental Law, Stephen C. Mccaffrey

McGeorge School of Law Scholarly Articles

No abstract provided.

Nachfrist Was Ist? Thinking Globally And Acting Locally: Considering Time Extension Principles Of The U.N. Convention On Contracts For The International Sale Of Goods In Revising The Uniform Commercial Code, John C. Duncan Jr

Journal Publications

This article examines the Nachfrist concept as it applies to the United Nations Convention on Contracts for the International Sale of Goods (CISG) and considers its potential application to the Uniform Commercial Code (UCC). Part II provides an overview of the applicability of the CISG to international sales contracts and compares some of its provisions with those found in the UCC. Part III discusses the difference between what constitutes breach under the UCC and the CISG and explains when Nachfrist applies to CISG contracts. Part IV takes a closer look at the UCC, considering the need for adding a new …

Think Globally, Act Locally: The Role Of State And Local Ballot Initiatives In International Environmental Law, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Ballot initiatives are generally seen as a local phenomenon, and consequently have rarely been examined from an international perspective. Thus, the subcategory of international environmental initiatives is small. However, in the last thirty years, the use of ballot initiatives has increased in the United States. 17 With the expanding globalization of society, more and more ballot initiatives may have an impact on international environmental issues. Some of these international environmental ballot initiatives will pass and may become enforceable laws. Others may be invalidated if they are preempted, either by federal laws or by the federal government's control over the field …

Beyond The Proposals: Public Participation In International Economic Law, Chios Carmody

Law Publications

No abstract provided.

Report On The Situation Of Roma And Sinti In The Osce Area, Diane Orentlicher

Reports

A report on the situation of Roma and Sinti in the OSCE area with regard to discrimination and racial violence, education, living conditions and political participation.The Report on the Situation of Roma and Sinti in the OSCE Area contains detailed information on discrimination and racial violence, education, living conditions and political participation. It also includes recommendations on these issues.Publisher: Organization for Security and Co-operation in Europe available at https://www.osce.org/hcnm/32350