Law Commons^™

Child Laundering: How The Intercountry Adoption System Legitimizes And Incentivizes The Practices Of Buying, Trafficking, Kidnapping, And Stealing Children, David M. Smolin

David M. Smolin

This article documents and analyzes a substantial incidence of "child laundering" within the intercountry adoption system. Child laundering occurs when children are taken illegally from birth families through child buying or kidnapping, and then "laundered" through the adoption system as "orphans" and then "adoptees." The article then proposes reforms to the intercountry adoption system that could substantially reduce the incidence of child laundering.

“The (Cisg) Road Less Travelled”: Grecon Dimter Inc. V. J.R. Normand Inc., Antonin I. Pribetic

Antonin I. Pribetic

This case comment discusses two recently released Canadian decisions on the enforceability of arbitration clauses from the perspective of the United Nations Convention on Contracts for the International Sale of Goods 1980 CISG). At first glance, the Supreme Court of Canada's decision in GreCon Dimter Inc. v. J.R. Normand Inc. appears to be a case upholding the primacy of international commercial arbitration, choice of forum and choice of law clauses. Upon closer scrutiny, however, the Supreme Court of Canada failed to consider the application of the CISG to the overall dispute. Interestingly, the same choice of forum and choice of …

The Challenges Of Wto Law: Strategies For Developing Country Adaptation, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

Bringing Locus Into Focus: A Choice-Of-Law Methodology For Cisg-Based Concurrent Contract And Product Liability Claims, Antonin I. Pribetic

Antonin I. Pribetic

The article discusses choice-of-law theories for both contractual and tort/product liability claims governed by the CISG. The underlying theme is that concurrent claims are not necessarily equivalent claims. While concurrent liability in contract and tort (namely, product liability) may be applicable or alternative remedies available, the focus of the CISG is the harmonization of rules governing international sale contracts. The article argues that factors such as the place of injury or where the damages are sustained are less relevant than the situs of the contract, based upon the view that, without privity of contract, the concurrent tort would not arise. …

Is Resisting Genocide A Human Right?, David B. Kopel, Paul Gallant, Joanne D. Eisen

David B Kopel

The genocide in Darfur, Sudan, is perhaps the worst human rights crisis of the new century. This article examines the failures of the international response so far, and offers a solution based on international human rights law.

Conducting an in-depth study of the Darfur genocide, and also discussing other genocides, the Article details the inadequacy of many of the international community's response to genocides, including “targeted sanctions” or international peacekeeping forces.

The Article then examines international legal authorities such as the Genocide Convention, the Universal Declaration of Human Rights, and the International Court of Justice, and demonstrates that groups which …

Orange Revolution In Red, White, And Blue: U.S. Impact On The 2004 Ukrainian Election , Natalie Prescott

Natalie Prescott

This article discusses the impact of the U.S. political efforts and the role of the U.S. judiciary in the 2004 Ukrainian election. The article provides an extensive background of Ukrainian election laws, the 2004 controversy, and the impact of U.S. landmark cases on the Ukrainian Supreme Court's decision. The author concludes that the United States played a major role in facilitating the Orange Revolution in Ukraine, and that its influence is likely to continue in the future. This article was presented at Yale Journal of International Law Fourth Annual Young Scholars Conference on March 4, 2006.

Antarrashtriya Dand Nyayalaya Aur Bharat: Kuch Sawaal-Jawaab, Saumya Uma

Saumya Uma

This is the Hindi translation of the publication 'International Criminal Court & India: Some Questions & Answers'

Danda Mukti Ko Virodh, Vahida Nainar, Saumya Uma

Saumya Uma

This is a Hindi translation of the English publication 'Combating Impunity'

The Issue Of A Foreign Company Wholly Owned By National Shareholders In The Context Of Icsid Arbitration, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

This article deals with the issue of nationality of corporations in the context of ICSID arbitrations.

A New World Of Discovery: The Ramifications Of Two Recent Federal Courts Decisions Granting Judicial Assistance To Arbitral Tribunals, Anna Conley

Anna Conley

No abstract provided.

The Future Of Transatlantic Economic Relations: Continuity Amid Discord, Gregory C. Shaffer, Mark Pollack

Gregory C Shaffer

No abstract provided.

What's New In Eu Trade Dispute Settlement? Judicialisation, Public-Private Networks And The Wto Legal Order, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

Commentary Of Article 37 Of The Statute Of The International Court Of Justice, Daphne Richemond-Barak, Bruno Simma

Daphne Richemond-Barak

No abstract provided.

Mutual Recognition And Enforcement Of Arbitral Awards In Mainland China And Taiwan: A Breakthrough In Cross-Strait Relations, Jason A. Blatt

Jason A Blatt

While political relations between China and Taiwan have gone from bad to worse in recent years, the growing importance of economic relations between both sides of the Taiwan Strait has compelled governments on both sides to amend relevant laws and regulations so that courts may recognize and enforce arbitral awards rendered by each other's arbitral organizations. This historic trend started in 1992, when Taiwan passed a statute authorizing courts to recognize and enforce Chinese arbitral awards. China reciprocated in 1998 by issuing regulations permitting recognition and enforcement of Taiwan-issued arbitral awards. Significantly, courts on both sides have recently begun enforcing …

I Am My Own Worst Enemy: Problems And Possibilities Of European Foreign, Eric A. Engle

Eric A. Engle

The European Union ("EU") implements a Common Foreign and Security Policy. This paper argues EU Foreign policy is incohesive, but growing more cohesive. The EU poses no threat to U.S. interests; however, poses only limited opportunities for U.S. foreign policy because the U.S. has relentlessly pursued a short-sighted and self-destructive foreign policy since 2002. The paper elaborates this thesis by considering institutional actors and historical experiences. Thus, it provides an overview of the institutional structure of the EU Common Foreign and Security Policy, as well as an overview of historic experiences of EC foreign policy.

Theseus's Ship Of State: Confederated Europa Between The Scylla Of Mere Alliance And The Charybdis Of, Eric A. Engle

Eric A. Engle

The article argues that Europe is a confederation, that confederations can be one form of state, and that the EU is best apprehended not as a sui generis entity like the British Commonwealth but as a weak and limited confederal state.