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Full-Text Articles in Law
Sinks And The Climate Change Regime: The State Of Play, Alexander Gillespie
Sinks And The Climate Change Regime: The State Of Play, Alexander Gillespie
Duke Environmental Law & Policy Forum
No abstract provided.
Shall Weigh Your God And You: Assessing The Imperialistic Implications Of The International Religious Freedom Act In Muslim Countries, Matthew L. Fore
Shall Weigh Your God And You: Assessing The Imperialistic Implications Of The International Religious Freedom Act In Muslim Countries, Matthew L. Fore
Duke Law Journal
No abstract provided.
Why And How The World Trade Organization Must Promote Environmental Protection, Paulette L. Stenzel
Why And How The World Trade Organization Must Promote Environmental Protection, Paulette L. Stenzel
Duke Environmental Law & Policy Forum
No abstract provided.
Intermediary Risk In The Indirect Holding System For Securities, Steven L. Schwarcz, Joanna Benjamin
Intermediary Risk In The Indirect Holding System For Securities, Steven L. Schwarcz, Joanna Benjamin
Duke Journal of Comparative & International Law
No abstract provided.
Global Decentralization And The Subnational Debt Problem, Steven L. Schwarcz
Global Decentralization And The Subnational Debt Problem, Steven L. Schwarcz
Duke Law Journal
According to the World Bank, decentralization of government is a pivotal force that will shape global development policy in the twenty-first century. Subnational debt restructuring has emerged as one of decentralization's most difficult problems. Financially troubled municipalities face many of the same concerns, for example, as financially troubled nations: holdout creditors can stymie collective attempts at debt restructuring, and reliance on politically motivated lenders of last resort (the International Monetary Fund in the case of troubled nations, the central government in the case of troubled municipalities) can foster moral hazard. In a prior article, I argued that an international convention …
Some Comments On Rulemaking At The World Intellectual Property Organization, Edward Kwakwa
Some Comments On Rulemaking At The World Intellectual Property Organization, Edward Kwakwa
Duke Journal of Comparative & International Law
No abstract provided.
Intermediary Risk In A Global Economy, Steven L. Schwarcz
Intermediary Risk In A Global Economy, Steven L. Schwarcz
Duke Law Journal
Worldwide financial markets increasingly depend on structures that reduce risk by interposing intermediaries between investors and the companies obligated to pay them. This reduction of risk may be offset, however, by the risk that an intermediary will fail, and its creditors then will claim against assets held by the intermediary for the benefit of investors. If the intermediary holds assets solely in a custodial capacity, this risk traditionally is addressed by agency and trust law. What is novel, however, is that intermediaries in a wide range of domestic and international dealings-including the trading of investment securities, the sale of loan …
The Irresolution Of Rome, Ruth Wedgwood
The Irresolution Of Rome, Ruth Wedgwood
Law and Contemporary Problems
Wedgwood argues that it would be a pity to allow international misjudgment of the long-term security environment to generate a disregard for the constructive tasks of American military power, and fatally hobble shared support for an effective criminal tribunal. American Senators and military leaders--and the American public--will want to see how the International Criminal Court works in practice before considering the possibility of full ratification and formal membership. If this "look-over" period is not safe, the advocates seeking a "war on the court" may win the day.
International Criminal Law After Rome: Concerns From A U.S. Military Perspective, William K. Lietzau
International Criminal Law After Rome: Concerns From A U.S. Military Perspective, William K. Lietzau
Law and Contemporary Problems
Lietzau argues that the US cannot support the International Criminal Court because it fails to recognize its unique responsibilities in the world when issues of international peace and security are involved. The changes sought by the US in the Rome Statute of the International Criminal Court should be implemented not just because US participation is key to an effective, functioning court, but because enacting them promotes the rule of law and is therefore the right thing to do.
High Crimes And Misconceptions: The Icc And Non-Party States, Madeline Morris
High Crimes And Misconceptions: The Icc And Non-Party States, Madeline Morris
Law and Contemporary Problems
The dilemma underlying the debate about the International Criminal Court's jurisdiction over non-party nationals stems primarily from the conflicting needs for the ICC to have sufficient jurisdictional powers to bring to justice perpetrators of genocide, war crimes, and crimes against humanity, and simultaneously, for states to retain appropriate discretion regarding methods of dispute settlement when the lawfulness of their official acts is in dispute.
The Risks And Weaknesses Of The International Criminal Court From America’S Perspective, John R. Bolton
The Risks And Weaknesses Of The International Criminal Court From America’S Perspective, John R. Bolton
Law and Contemporary Problems
Bolton argues the US should raise its objections to the International Criminal Court (ICC) on every appropriate occasion, as part of its larger campaign to assert American interests against stifling, illegitimate, and unacceptable international agreements. The US has many alternative foreign policy instruments to utilize that are fully consistent with US interests, leaving the ICC to the obscurity it richly deserves.
The International Criminal Court: Issues For Consideration By The United States Senate, Patricia Mcnerney
The International Criminal Court: Issues For Consideration By The United States Senate, Patricia Mcnerney
Law and Contemporary Problems
McNerney states that many in Congress who oppose the International Criminal Court are also some of the stronger advocates of the US speaking out against human rights abuses around the world. Rather than advocating the creation of an international criminal court that attempts to take decision making authority away from governments and invalidate the rule of law, however, they argue that more should be done to facilitate extradition of criminals to stand trial where they are accused.
The International Criminal Court: Current Issues And Perspectives, Philippe Kirsch Q.C.
The International Criminal Court: Current Issues And Perspectives, Philippe Kirsch Q.C.
Law and Contemporary Problems
The creation of a permanent international criminal court (ICC) has been seen as a desirable objective for a long time, but its implementation is hampered by controversy. Proponents of the court believe that the ICC has great potential to render justice in cases of genocide, war crimes, and crimes against humanity, and to deter the future perpetration of those crimes. Skeptics question the wisdom of placing the power to adjudicate highly politically charged cases into the hands of an international tribunal.
The Icc’S Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf
The Icc’S Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf
Law and Contemporary Problems
Scharf analyzes the validity of the US argument against the International Criminal Court's jurisdiction over the national of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of nonparty states, but the US government's legal argument, which rests on shaky foundations. He also highlights the potential unintended repercussions of the current US legal position.
The International Criminal Court: Possibilities For Prosecutorial Abuse, Alfred P. Rubin
The International Criminal Court: Possibilities For Prosecutorial Abuse, Alfred P. Rubin
Law and Contemporary Problems
The attempt to create an international criminal court assumes that in all important ways the international legal order is similar to the municipal legal orders with which US citizens are familiar, but with regard to the criminal law, that assumption is simply not true. Rubin discusses two potential fundamental discrepancies between the international legal order and an hypothesized "typical" municipal legal order as would exist under the current statute for the International Criminal Court.
Toward U.S. Acceptance Of The International Criminal Court, Bruce Broomhall
Toward U.S. Acceptance Of The International Criminal Court, Bruce Broomhall
Law and Contemporary Problems
The US would be undermining its own interests by insisting on insulation of its personnel as the price for its toleration or support for the International Criminal Court. Broomhall argues that the US ought, in its own interest, to lay the foundations for eventually supporting the ICC, notwithstanding the potential (albeit remote) risk of investigation of its nationals.
The Unfounded Fear Of Regulation S: Empirical Evidence On Offshore Securities Offerings , Stephen J. Choi
The Unfounded Fear Of Regulation S: Empirical Evidence On Offshore Securities Offerings , Stephen J. Choi
Duke Law Journal
Regulation S provides U. S. issuers with an exemption from the registration requirements of the Securities Act of 1933 to the extent that securities are offered and sold solely outside the United States. Through resales back into the United States, however, U. S. investors may become exposed to unregistered securities initially distributed abroad through Regulation S. This Article identifies two distinct risks from an offshore securities offering. First, issuers may conduct an offering under Regulation S as a means to sell securities indirectly into the United States through resales in situations where the U. S. secondary market overvalues the issuer's …
Barriers And Incentives To The Adoption Of Iso 14001 By Firms In The United States, Magali A. Delmas
Barriers And Incentives To The Adoption Of Iso 14001 By Firms In The United States, Magali A. Delmas
Duke Environmental Law & Policy Forum
No abstract provided.
Internationalization Of Primary Public Securities Markets, Hal S. Scott
Internationalization Of Primary Public Securities Markets, Hal S. Scott
Law and Contemporary Problems
No abstract provided.
Combating Corruption Under International Law, Alejandro Posadas
Combating Corruption Under International Law, Alejandro Posadas
Duke Journal of Comparative & International Law
No abstract provided.
Negotiating Federalism: State Bargaining And The Dormant Treaty Power, Edward T. Swaine
Negotiating Federalism: State Bargaining And The Dormant Treaty Power, Edward T. Swaine
Duke Law Journal
The orthodox view that states have no role in U. S. foreign relations is not only inconsistent with their place in the modern global economy, but the constitutional basis for a "dormant" bar on state participation-that is, absent a controlling federal statute or treaty-is obscure. Revisionist scholarship and recent Supreme Court case law suggest that Congress alone should decide when the states must stay out of foreign relations. In this Article, Professor Swaine argues that both the orthodox and revisionist views neglect an alternative basis for a judicial role-the Treaty Clause, enforced through the dormant treaty power. The text, structure, …
The Kyoto Protocol And The Wto: Integrating Greenhouse Gas Emissions Allowance Trading Into The Global Marketplace, Annie Petsonk
The Kyoto Protocol And The Wto: Integrating Greenhouse Gas Emissions Allowance Trading Into The Global Marketplace, Annie Petsonk
Duke Environmental Law & Policy Forum
No abstract provided.
Is The United States Obligated To Drive On The Right? A Multidisciplinary Inquiry Into The Normative Authority Of Contemporary International Law Using The Arm’S Length Standard As A Case Study, Brian D. Lepard
Duke Journal of Comparative & International Law
No abstract provided.
Grasping For The Heavens: 3-D Property Rights And The Global Commons, Bruce Yandle
Grasping For The Heavens: 3-D Property Rights And The Global Commons, Bruce Yandle
Duke Environmental Law & Policy Forum
No abstract provided.
Encryption’S Importance To Economic And Infrastructure Security, F. Lynn Mcnulty
Encryption’S Importance To Economic And Infrastructure Security, F. Lynn Mcnulty
Duke Journal of Comparative & International Law
No abstract provided.
Environmental Sustainability And Environmental Justice At The International Level: Traces Of Tension And Traces Of Synergy, Donald T. Hornstein
Environmental Sustainability And Environmental Justice At The International Level: Traces Of Tension And Traces Of Synergy, Donald T. Hornstein
Duke Environmental Law & Policy Forum
No abstract provided.
From Patchwork To Network: Strategies For International Intellectual Property In Flux, Paul Edward Geller
From Patchwork To Network: Strategies For International Intellectual Property In Flux, Paul Edward Geller
Duke Journal of Comparative & International Law
No abstract provided.
Juridical Protection Of Intellectual Property In China, Cheng Yong-Shun
Juridical Protection Of Intellectual Property In China, Cheng Yong-Shun
Duke Journal of Comparative & International Law
No abstract provided.
The U.S. Committment To Agenda 21: Chapter 11: Combating Deforestation – The Ecosystem Management Approach, Susan Bucknum
The U.S. Committment To Agenda 21: Chapter 11: Combating Deforestation – The Ecosystem Management Approach, Susan Bucknum
Duke Environmental Law & Policy Forum
No abstract provided.
Foreword, Pamela B. Gann
Foreword, Pamela B. Gann
Duke Journal of Comparative & International Law
No abstract provided.