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Full-Text Articles in Law

Role Of The Bank For International Settlements In Shaping The World Financial System, The , Carl Felsenfeld, Genci Bilali Jan 2004

Role Of The Bank For International Settlements In Shaping The World Financial System, The , Carl Felsenfeld, Genci Bilali

Faculty Scholarship

The Bank for International Settlements ("BIS") was set up in Basel, Switzerland in 1923 to handle remaining financial issues from World War II largely having to do with German reparation payments. It was the first of the semi-public international banks. Over the years its functions have changed and, largely since the late 1970's, it has served as the situs for the world's central banks and financial regulators to pool ideas and deal with international financial issues. A group of committees, com- posed largely of representatives of central bankers, now meets at BIS and has been issuing memoranda and drafts of …


International Law, International Relations Theory, And Preemptive War: The Vitality Of Sovereign Equallity Today Case Studies In Conservative And Progressive Legal Orders, Thomas H. Lee Jan 2004

International Law, International Relations Theory, And Preemptive War: The Vitality Of Sovereign Equallity Today Case Studies In Conservative And Progressive Legal Orders, Thomas H. Lee

Faculty Scholarship

Although sovereign equality - the norm that all sovereign states are entitled to the same bundle of rights on the international plane - has long been a central norm of international law, its retention in the realm of preemptive war is fairly to be questioned when one sovereign state possesses overwhelming military power. In this Article, Professor Lee examines the historical and normative foundations of sovereign equality, finds them wanting under the condition of a militarily supreme republican state, but defends the norm on the pragmatic ground of what is best for the supreme state to defend itself against covert, …


Vultures Or Vanguards: The Role Of Litigation In Sovereign Debt Restructuring Conference On Sovereign Debt Restructuring: The View From The Legal Academy, Jill E. Fisch, Caroline M. Gentile Jan 2004

Vultures Or Vanguards: The Role Of Litigation In Sovereign Debt Restructuring Conference On Sovereign Debt Restructuring: The View From The Legal Academy, Jill E. Fisch, Caroline M. Gentile

Faculty Scholarship

The market for sovereign debt differs from the market for corporate debt in several important ways including the risk of opportunistic default by sovereign debtors, the importance of political pressures, and the presence of international development organizations. Moreover, countries are subject to neither liquidation nor standardized processes of debt reorganization. Instead, negotiations between a sovereign debtor and its creditors lead to a voluntary restructuring of the sovereign's debt. One of the greatest difficulties in restructuring claims against sovereign debtors is balancing the interests of the majority of the creditors with those of minority creditors. Holdout creditors serve as a check …


Supreme Court Of The United States As Quasi-International Tribunal: Reclaiming The Court's Original And Exclusive Jurisdiction Over Treaty-Based Suits By Foreign States Against States, The, Thomas H. Lee Jan 2004

Supreme Court Of The United States As Quasi-International Tribunal: Reclaiming The Court's Original And Exclusive Jurisdiction Over Treaty-Based Suits By Foreign States Against States, The, Thomas H. Lee

Faculty Scholarship

The thesis of this Article is that the Constitution vests in the Supreme Court original and exclusive jurisdiction over suits brought by foreign states against States alleging violation of ratified treaties of the United States. The basis for non-immunity in suits by foreign states is the same theory of ratification consent that is presumed to justify suits against States by other States or the United States. Just as the States by ratifying the Constitution agreed to suits in the national court by other States and the national sovereign to ensure domestic peace, they agreed to suits by foreign states in …