Law Commons^™

Litigating Canada-U.S. Transboundary Harm: International Lawmaking And The Threat Of Reciprocity, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

Grasp On Water: A Natural Resource That Eludes Nafta's Notion Of Investment, Paul S. Kibel

Publications

This Article begins by outlining the hydrologic and legal restraints to private ownership of water resources. It then details the provisions of NAFTA that pertain to private rights in water, and reports on two highprofile water entitlement cases that have arisen under NAFTA's foreign investor protection regime. The piece concludes by observing that the experience of United States of America (U.S.) federal courts with state water law may provide a jurisprudential template to bring NAFTA into alignment with existing domestic water law and international water treaties.

Rio Grande Designs: Texans' Nafta Water Claim Against Mexico, Paul S. Kibel, Jonathan R. Schultz

Publications

Our article begins with an analysis of the historical context and key provisions in the 1944 Rivers Treaty between Mexico and the United States. Next, we explain the expropriation claims process established by NAFTA's Chapter 11 and describe the environmental controversy that has arisen over its implementation. We follow with an account of the Texans' NAFTA water claim against Mexico, including an analysis of this claim's relation to the Tulare Lake decision and parallel dispute resolution proceedings at the International and Boundary Waters Commission.

At the end of this review, our finding is that the Texans' NAFTA water claim against …

Practicing Globally: Extraterritorial Implications Of The Usa Patriot Act's Money-Laundering Provisions On The Ethical Requirements Of Us Lawyers In An International Environment, Pamella Seay

South Carolina Journal of International Law and Business

No abstract provided.

Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan Franck

Articles in Law Reviews & Other Academic Journals

While scholars in the United States increasingly focus on the empirical dimension of legal scholarship, there have been challenges in using empiricism to explore international legal issues. Rather than relying on logic or instinct alone, empirical methodologies can provide scholars with tools to gain new facts, see existing ideas through a different lens, and engage in a more nuanced analysis of international law phenomena. There appears to be a natural synergy between empiricism and international investment treaty dispute resolution. With calls for trade time outs by U.S. presidential candidates, there is interest in how investment treaties function, whether they achieve …

Environmental Standards In U.S. Free Trade Agreements: Lessons From Chapter 11, Hena Schommer

Sustainable Development Law & Policy

No abstract provided.

Enforcing Foreign Judgments: In Search Of A Treaty To Locate Assets Abroad, Luke J. Umstetter

South Carolina Journal of International Law and Business

No abstract provided.

Nafta's Double Standard Of Review, Juscelino F. Colares

Faculty Publications

Chapter 19 of the North American Free Trade Agreement (NAFTA) replaced court review of U.S. antidumping and countervailing duties with binding review by special binational panels of trade experts. It requires these panels to apply the same standard of review that U.S. courts use in trade remedy cases. Despite the centrality of this requirement to the Chapter 19 panel system, these panels have not adhered to this mandate. Chapter 19 panels overturn U.S. agency rulings much more often than the courts. In fact, they apply two different standards of review: exacting scrutiny where foreign producers and governments appeal, and near-absolute …