Law Commons^™

Law Of The Sea, David D. Caron

David D. Caron

No abstract provided.

Effects Of Reproductive And Demographic Changes On Breast Cancer Incidence In China: A Modeling Analysis, Eleni Linos, Demetri Spanos, Bernard A. Rosner, Katerina Linos, Therese Hesketh, Jian Ding Qu, Yu-Tang Gao, Wei Zheng, Graham A. Colditz

Katerina Linos

No abstract provided.

Stefan A. Riesenfeld, The Arctic And The Law Of The Sea, David D. Caron

David D. Caron

No abstract provided.

Climate Change, Sea Level Rise And The Coming Uncertainty In Oceanic Boundaries: A Proposal To Avoid Conflict Maritime Boundary Disputes, Settlement Processes, And The Law Of The Sea, David D. Caron

David D. Caron

ForthcomingThis Chapter focuses on how a rising sea level will create uncertainties as to the outer boundaries of the zones of valuable ocean territory and rights possessed by coastal states. Uncertainty in boundaries is undesirable and, in this instance, may foster conflicting claims to valuable ocean resources. The likelihood of such conflict may be particularly high given that this uncertainty in boundaries will arise as adaptation to climate change simultaneously stretches the resources of each state.The Chapter examines this potential for conflict, the reasons that boundaries will become uncertain, and suggests avenues, both normative and institutional, whereby this uncertainty and …

Towards A Political Theory Of International Courts And Tribunals, David D. Caron

David D. Caron

This article introduces a new political theory of international courts and tribunals that explains why such bodies look and act as they do. The central insight of the theory is that the design and operation of international courts and tribunals can be understood through a theory of bounded strategic space within which actors in at most five, and at least two, institutional positions contend with one another, or against the space itself, so as to fulfill the logic of their position. The theory is premised on the belief that understanding of international courts and tribunals may be enriched and furthered …

The Uncitral Arbitration Rules: A Commentary, David D. Caron, Lee Caplan, Matti Pellonpää

David D. Caron

This commentary takes a unique approach. In addition to the authors’ commentary on the Rules based on their drafting history, the Iran-US Claims Tribunal practice, and the blooming practice of NAFTA Chapter Eleven tribunals and other tribunals constituted in accordance with the UNCITRAL Rules, this work reproduces the actual texts of the procedural decisions of these various sources. The authors’ experiences have repeatedly shown the infinite variations possible on procedural matters. Invariably, commentary misses the particular issue at hand or suffers from not having the particular question as an incentive for more rigorous analysis. For this reason, access to the …

Catastrophes Afflict Poor The Most, David D. Caron

David D. Caron

No abstract provided.

The United Nations Compensation Commission For Claims Arising Out Of The 1991 Gulf War: The ‘Arising Prior To’ Decision, David D. Caron

David D. Caron

This article concerns the United Nations Compensation Commission, what came to be known as the “arising prior to” clause of United Nations Security Council Resolution 687 and the decision taken as to what that clause meant. In terms of effect on the docket of the Commission, probably no other decision had equal significance. It also is particularly noteworthy for its articulation of the proper method for interpretation of a Security Council resolution. Before examining the Panel’s decision and its application by the Commission, the article describes the establishment and working method of the Commission so that the reader may appreciate …

State Crimes: Looking At Municipal Experience With Organizational Crime, David D. Caron

David D. Caron

No abstract provided.

Bringing New Law To Ocean Waters, David D. Caron

David D. Caron

The history of ocean law and policy suggests that it is naive to think that any legal regime for the oceans will be stable or long lasting. Even as most scholars remain content with the 1982 Law of the Sea Treaty, this edited volume moves forward by identifying the cracks that have arisen in the structure. It in particular examines how technology continues to raise new problems, and offer new solutions, for ocean law and policy. A 2006 review of the volume in the American Journal of International Law by Rudiger Wolfrum is available here as a download

The United Nations Compensation Commission And Marine Environmental Damages Arising From The Gulf War: Tribunal Or Foundation?, David D. Caron

David D. Caron

No abstract provided.

Report And Recommendations Made By The Panel Of Commissioners Concerning The Fifteenth Installment (The Trade In Goods & Supply Of Services Installment) Of "E2" Claims (Bernard Audit - Chair, Jose Maria Abascal, David D. Caron), United Nations Compensation Commission For Claims Arising Out Of The 1990 Gulf War, U.N. Doc. S/Ac.26/2003/29 (18 December 2003), David D. Caron

David D. Caron

No abstract provided.

Report And Recommendations Made By The Panel Of Commissioners Concerning The Ninth Installment (The Insurance And Telecommunications Installment) Of "E2" Claims (Bernard Audit - Chair, Jose Maria Abascal, David D. Caron), United Nations Compensation Commission For Claims Arising Out Of The 1990 Gulf War, U.N. Doc. S/Ac.26/2001/11 (22 June 2001), David D. Caron

David D. Caron

No abstract provided.

Report And Recommendations Made By The Panel Of Commissioners Concerning The Seventh Installment (The Trade In Goods & Supply Of Services Installment) Of "E2" Claims (Bernard Audit - Chair, Jose Maria Abascal, David D. Caron), United Nations Compensation Commission For Claims Arising Out Of The 1990 Gulf War, U.N. Doc. S/Ac.26/2001/27 (14 December 2001), David D. Caron

David D. Caron

No abstract provided.

Should Courts Deduct Non-Legal Sanctions From Damages?, Robert D. Cooter, Ariel Porat

Robert Cooter

When legal and social norms regulate the same behavior, an act can trigger both legal and non-legal sanctions. Should courts deduct the non-legal sanction suffered by the wrongdoer from damages owed to the victim? We provide the answer for a legal system that seeks to minimize social costs. Non-legal sanctions typically harm the wrongdoer and benefit other people. In principle, courts should avoid over-deterring wrongdoers by deducting the benefit of the non-legal sanction from compensatory damages. In practice, instead of deducting the benefit of the non-legal sanction to other people, courts should deduct the burden on the wrongdoer. Deducting the …

Fairness, Character, And Efficiency In Firms , Robert D. Cooter, Melvin A. Eisenberg

Robert Cooter

No abstract provided.

Report And Recommendations Made By The Panel Of Commissioners Concerning The Fifth Installment (The Banking And Financial Industry Installment) Of "E2" Claims (Bernard Audit - Chair, Jose Maria Abascal, David D. Caron), United Nations Compensation Commission For Claims Arising Out Of The 1990 Gulf War, U.N. Doc. S/Ac.26/2000/17 (29 September 2000), David D. Caron

David D. Caron

No abstract provided.

The Place Of The Environment In International Tribunals, David D. Caron

David D. Caron

No abstract provided.

International Tribunals And The Role Of The Host Country, David D. Caron

David D. Caron

No abstract provided.

Report And Recommendations Made By The Panel Of Commissioners Concerning The Second Installment (The Tourism Installment) Of "E2" Claims (Bernard Audit - Chair, Jose Maria Abascal, David D. Caron), United Nations Compensation Commission For Claims Arising Out Of The 1990 Gulf War, U.N. Doc. S/Ac.26/1999/6 (19 March 1999), David D. Caron

David D. Caron

No abstract provided.

Protecting Trade And Turtles: The Wto And The Coherency Of International Law In 1 Translex, David D. Caron, Hans Rudolf Trüeb

David D. Caron

No abstract provided.

Peaceful Settlement Of Disputes Through The Rule Of Law, David D. Caron, Galina Shinkaretskaya

David D. Caron

No abstract provided.

The Uncitral Arbitration Rules As Interpreted And Applied: Selected Problems In Light Of The Practice Of The Iran United States Claims Tribunal, David D. Caron, Matti Pellonpää

David D. Caron

A review of the book by Jamie Borek in 90 American Journal of Intenational Law 529 (1996) is attached

Governance And Collective Legitimation In The New World Order, David D. Caron

David D. Caron

No abstract provided.

Reputation And Reality In The Icsid Annulment Process: Understanding The Distinction Between Annulment And Appeal, David D. Caron

David D. Caron

No abstract provided.

The Fiduciary Relationship: Its Economic Character And Legal Consequences, Robert D. Cooter, Bradley J. Freedman

Robert Cooter

No abstract provided.

An Economic Model Of The Fiduciary's Duty Of Loyalty, Robert D. Cooter, Bradley J. Freedman

Robert Cooter

No abstract provided.

Wheaton's Elements -- Notes From The Editor, David D. Caron

David D. Caron

No abstract provided.

Protection Of The Stratospheric Ozone Layer And The Structure Of International Environmental Law Making, David D. Caron

David D. Caron

Selected for inclusion in 23 LAND USE & ENVIRONMENT LAW REVIEW (1992) at 681 706 "as one of the best articles published within the last year."

Selected for inclusion in INTERNATIONAL ENVIRONMENTAL LAW ANTHOLOGY (Anthony D’Amato & Kirsten Engel, eds., 1995).

Selected for inclusion in INTERNATIONAL ENVIRONMENTAL LAW (Paula M. Pevato ed., 2003), a volume in The Library of Essays in International Law (Robert McCorquodale, ed., Ashgate Publishing), as an “important and influential” essay.

Extracted for inclusion in MARK JANIS AND JOHN NOYES, INTERNATIONAL LAW: CASES AND COMMENTARY (1st edition, 1997) and subsequent 2nd and 3rd (2005) editions.

Trial Courts: An Economic Perspective, Robert D. Cooter, Daniel L. Rubinfeld

Robert Cooter

This article describes economic research on models of legal disputes. Concepts such as rational choice and static equilibrium are often used inaccurately in the noneconomic research presented in this issue. This article critiques the longitudinal studies, illustrating a number of problems of conceptualization and data analysis. Finally, the authors consider normative models of dispute resolution and the evolution and effects of judge-made law.