Law Commons^™

The Law Of The Environment: A Symbolic Step Of Modest Value, David D. Caron

David D. Caron

The original 1965 Restatement of Foreign Relations Law contains two reporters notes on the environment. By contrast, the Third Restatement devotes all of Part VI to this increasingly important area of the law and foreign relations. Unfortunately, the resulting product constitutes only a modest step toward presenting the foreign relations law of the United States pertaining to the environment. Part VI takes a narrow view of the law of the environment, limiting itself to. transfrontier pollution and, even then, relegates most of the discussion of conventional law to reporters' notes. This brief review assesses the structure and substance of Part …

Teaching Of Law Must Reflect Realities Of A Transnational World, David D. Caron

David D. Caron

No abstract provided.

Confronting Complexity, Valuing Elegance, David D. Caron

David D. Caron

These opening remarks to 106th Annual Meeting for the American Society of International Law, first, explore what it means for something to be a complexity and, second, suggest how we as scholars and advisors should pursue something that does not come naturally to lawyers, namely that we should pursue elegance in the face of complexity.

Framing The Work Of Icsid Annulment Committees, David D. Caron

David D. Caron

This article summarizes what we know of the performance of the annulment mechanism and examines the current critiques of that mechanism. Specifically, it identifies three criticisms of recent annulment decisions and reflects on why committee members might leave their work open to such criticisms. The article then proceeds to offer five principles intended to frame how annulment committees might approach their work.

Introduction And Dedication To Liber Amicorum Jose Maria Abascal, David D. Caron

David D. Caron

A record of oral remarks given on June 21, 2012 at the Annual Workshop of the Institute for Transnational Arbitration to mark the Liber Amicorum prepared for Jose Maria Abascal on the occasion of his 50th years in the legal profession.

Navigating The Law: Professors Caron And Scheiber Pilot The Law Of The Sea Institute Through The Shoals Of International Legal Issues, California Magazine Pp 43-48, Vicki Haddock

David D. Caron

No abstract provided.

Book Review: Singapore Law On Arbitral Awards, By Chan Leng Sun, Sc (Academy Publishing, 2011) 6 World Arbitration And Mediation Review 695-698, David D. Caron

David D. Caron

No abstract provided.

Five Insights, The American Society Of International Law, David D. Caron

David D. Caron

In this note, I offer five insights about the American Society of International Law gained while President: (1) ASIL Plays a Crucially Important Role, (2) Broad ASIL Outreach Is Critical, (3) ASIL Must Dream, (4) Dynamism Comes from Members and (5) The ASIL is a Community of Relationships.

Introductory Remarks To The Panel Entitled "New Horizons And Mechanisms: International Law, Trade And Investment", David D. Caron

David D. Caron

No abstract provided.

International Courts And Tribunals: Their Roles Amidst A World Of Courts, David D. Caron

David D. Caron

No abstract provided.

Contemporary International Law Issues In The Asia Pacific: The Importance And Challenge Of The Difference Between Principles And Rules In International Law, David D. Caron

David D. Caron

No abstract provided.

Images Of The Arctic And The Futures They Suggest, David D. Caron

David D. Caron

Given as a lecture at the Library of Congress, my main theme is that the many discussions of the Arctic that we hear can be approached, perhaps understood, in terms of three images. Likely more than most of you, I have listened to numerous speeches regarding the Arctic and its future. In my experience, the speakers can be like ships passing in the dark – they come from different directions, they go different places, and they are concerned with themselves and somewhat unaware of the others. Some are optimistic about the opportunities that change brings; some fear such change. Needless …

The Independence And Impartiality Of Legal Systems, David D. Caron

David D. Caron

As lawyers, we often focus on the independence and impartiality of a judge or of an arbitrator. At least as important, however, is whether the system itself is independent or impartial. This is particularly true given that the task of building robust rule of law around the world is an initiative near the top of many foreign policy lists and that a central component of robust rule of law is the existence of a system of independent and impartial courts and tribunals. But what does it mean to require independence and impartiality at the level of the system rather than …

9/11 And The Tail Of Historic Events, The American Society Of International Law, David D. Caron

David D. Caron

The continuing influence (the “tail”) of historic events such as 9/11 has numerous dimensions. In international law, the event and the responses to the event can mark a shift in customary law, for example. Such events also influence who we are as a community and what we focus upon.

Icsid In The Twenty-First Century: An Interview With Meg Kinnear, David D. Caron

David D. Caron

This publication is the transcript of an interview of Meg Kinnear which took place on March 26, 2010 in the context of the Annual Meeting of the American Society of International Law. Meg Kinnear is the Secretary General of ICSID, a part of the World Bank. She assumed this post in June of 2009.

Contemporary International Law Issues In Asia Pacific: The Importance And Challenge Of The Difference Between Rules And Principles In International Law, David D. Caron

David D. Caron

No abstract provided.

Two Strands Of Change, Asil Newsletter, David D. Caron

David D. Caron

No abstract provided.

International Courts And Tribunals: Their Roles Amidst A World Of Courts, David D. Caron

David D. Caron

No abstract provided.

The Save Our State Amendment And Scotus: Why We Go To Miami, American Society Of International Law Newsletter, David D. Caron

David D. Caron

No abstract provided.

The Claims Of Two Gulfs, David D. Caron

David D. Caron

Kenneth Feinberg, the "claims czar" for the BP catastrophe in the Gulf, reportedly looks to how to adapt his experience with the claims process he devised following the 9/11 attacks. Another mass claims process provides a more apt analogy, however: the very successful mass claims process following the 1991 Persian Gulf War oil well blowouts, fires and oil spills unleashed by then-president Saddam Hussein. In the wake of that disaster, then the largest oil spill in history, a claims commission processed claims from individuals and corporations and also public authorities regarding the environment and health. 19 years later, the experience …

Anticipating The Future, David D. Caron

David D. Caron

No abstract provided.

Law Of The Sea, David D. Caron

David D. Caron

No abstract provided.

A Call To Action: Turning The Golden State Into A Golden Opportunity For International Arbitration, David D. Caron, Leah D. Harhay

David D. Caron

This Article highlights the challenges facing California in its efforts to become a center of international arbitration, provides examples of legislation for the California Bar and California State Legislature to consider, and suggests various avenues by which to bring California more fully into the international legal community. In particular, California unintentionally does not allow foreign attorneys to represent their clients in international arbitration conducted in California. Amidst both renewed efforts to make California a more likely seat of international arbitration and a legislative opening to revise this aspect of the law, change in the latter makes the former both possible …

Book Reviews And Libel Proceedings, David D. Caron, Lori F. Damrosch, Bernard H. Oxman, Richard B. Bilder

David D. Caron

No abstract provided.

By Prohibiting Foreign Lawyers From Participating, California Is Missing Out, David D. Caron, Leah D. Harhay

David D. Caron

California Code of Civil Procedure §1282.4 and Local Rule 9.43 govern the ability of attorneys who are not members of the State Bar of California to act as counsel in international arbitrations here. Both allow out-of-state attorneys to participate in these arbitrations, but provide no similar provisions for out-of-country attorneys. However, even out-of-state attorneys are not safe. In 2011, when §1282.4 sunsets, out-of-state attorneys will also be barred from appearing as counsel in California-based international arbitrations.

The Oceans In The Nuclear Age, David D. Caron, Harry N. Scheiber

David D. Caron

There are few moments which may be said to fundamentally alter the course of human events. The advent of the nuclear age in 1945 is clearly one of them. The nuclear age has many dimensions, the implications of which, seven decades later, are still unfolding. The oceans are not the focus of the nuclear age, but the affairs of the oceans are deeply woven into its history. This book considers how the nuclear age has affected the oceans and the legal regime of the oceans. The Law of the Sea of Institute undertook the Oceans in the Nuclear Age Project …

The Alien Tort Statute: An Overview Of The Current Issues, David D. Caron, Richard M. Buxbaum

David D. Caron

This introductory essay seeks to capture the range of questions that exist concerning the ATS and place the contributions of this symposium in the context of that overview.The contributions consist of eight student articles written in an advanced international law writing seminar focused on the ATS in the fall of 2009 . These comments are intended to provide clear statements of the current situation in the various judicial circuits of the United States inasmuch as there is often a majority and minority view on the various ATS issues addressed. Where the author passes into his or her own analysis as …

Cargill, Incorporated V. United Mexican States (Icsid Case No. Arb(Af)/05/2) (A Nafta Chapter 11 Arbitration Under The Uncitral Arbitration Rules Before The Icsid Additional Facility) Final Award Of September 18, 2009 (Michael Pryles, President; David D. Caron, Member; Donald Mccrae, Member)., David D. Caron

David D. Caron

A press release notes that in an award issued on 18 September 2009, the NAFTA panel ruled that Mexico violated

several provisions of the North American Free Trade Agreement (NAFTA) by adopting taxation and other measures that favored its own domestic sugar producers over U.S.-owned producers of high fructose corn syrup (HFCS). The panel awarded Cargill $77.3 million in damages plus interest and costs.

The non-public version of the award was issued to the parties

on 18 September 2009. The copy of the award available in bpress is a redacted copy of the award as submitted to the Ontario Superior …

A Pre-Emptive Pardon For Those Who Tortured Could Backfire, Ariel Meyerstein, David D. Caron

David D. Caron

No abstract provided.

A Pre-Emptive Pardon For Those Who Tortured Could Backfire, David D. Caron, Ariel Meyerstein

David D. Caron

No abstract provided.