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Articles 1 - 18 of 18
Full-Text Articles in Law
Too Big To Fail - Towards A Sovereign Bankruptcy Regime, Davy V. H. Nguyen
Too Big To Fail - Towards A Sovereign Bankruptcy Regime, Davy V. H. Nguyen
Cornell International Law Journal
No abstract provided.
The Puzzling Non-Consequences Of Societal Distrust Of Courts: Explaining The Use Of Russian Courts, Kathryn Hendley
The Puzzling Non-Consequences Of Societal Distrust Of Courts: Explaining The Use Of Russian Courts, Kathryn Hendley
Cornell International Law Journal
Russians' lack of trust in courts as an institution has been repeatedly documented through public opinion polling. Yet the caseload data show a steady increase in the use of courts by both individuals and firms in Russia. But these data cannot explain why Russians choose to use the courts. The Article makes use of two publicly available datasets grounded in representative surveys of Russian citizens and firms to investigate this puzzle. The existing literature assumes that the lack of legitimacy of courts in Russia forestalls use. While confirming the societal disdain for courts, the analysis reveals that this attitude has …
Is Complementarity The Right Approach For The International Criminal Court’S Crime Of Aggression - Considering The Problem Of Overzealous National Court Prosecutions, Jennifer Trahan
Cornell International Law Journal
At the first Review Conference on the Rome Statute of the International Criminal Court (ICC), the Assembly of States Parties to the ICC adopted an amendment defining the crime of aggression and conditions for the ICC's exercise of jurisdiction over the crime. Because the definition will be incorporated into the existing framework of the Rome Statute, the crime will be subject to the "complementarity" provision contained therein. That provision specifies that a case is "inadmissible" before the ICC if there are national investigations and/or prosecutions, unless the state demonstrates an unwillingness or inability to investigate or prosecute the case. By …
Leahy Law: Congressional Failure, Executive Overreach, And The Consequences, The , Nathanael Tenorio Miller
Leahy Law: Congressional Failure, Executive Overreach, And The Consequences, The , Nathanael Tenorio Miller
Cornell International Law Journal
No abstract provided.
The Icsid Under Siege, Leon E. Trakman
The Icsid Under Siege, Leon E. Trakman
Cornell International Law Journal
Rights-based processes, including binding arbitration and traditional court trials, have limited remedies and may not address the full range of interests and needs that the parties may have. Disputes resolved on the basis of power (e.g. through gunboat diplomacy, or at the extreme, violence and war) weight the outcome in favour of the party with the most leverage, status and resources, but this may be costly on the relationships involved and may result in failure to vindicate rights.(1)
Incompetent Drafting And Complex Laws: Automatically Waiving Set-Aside Of Foreign Arbitration Awards In The United States, Tiina E. Vaisanen
Incompetent Drafting And Complex Laws: Automatically Waiving Set-Aside Of Foreign Arbitration Awards In The United States, Tiina E. Vaisanen
Cornell International Law Journal
No abstract provided.
Still Unlawful: The Obama Military Commissions, Supreme Court Holdings, And Deviant Dicta In The D.C. Circuit, Jordan J. Paust
Still Unlawful: The Obama Military Commissions, Supreme Court Holdings, And Deviant Dicta In The D.C. Circuit, Jordan J. Paust
Cornell International Law Journal
No abstract provided.
The Brakes That Failed: Constitutional Restriction Of International Agreements In France, Gerald L. Neuman
The Brakes That Failed: Constitutional Restriction Of International Agreements In France, Gerald L. Neuman
Cornell International Law Journal
Can constitutions successfully constrain the exercise of the treaty power? This article examines the French Constitution of 1958 as a case study. The founders of the Fifth Republic drafted provisions intended to protect national sovereignty, as the Gaullists understood that concept, against inroads resulting from international agreements. Looking back fifty years later, it is clear that those protective efforts did not succeed. The sequence of events by which the constraints were loosened or evaded may represent one nation's particular history, but they illustrate the limited capacity of constitutional restrictions to control international commitments in the long term.
Being Gay In Kenya: The Implications Of Kenya’S New Constitution For Its Anti-Sodomy Laws, Courtney E. Finerty
Being Gay In Kenya: The Implications Of Kenya’S New Constitution For Its Anti-Sodomy Laws, Courtney E. Finerty
Cornell International Law Journal
No abstract provided.
Hope For Reform Springs Eternal: How The Sponsorship System, Domestic Laws And Traditional Customs Fail To Protect Migrant Domestic Workers In Gcc Countries, Heather E. Murray
Hope For Reform Springs Eternal: How The Sponsorship System, Domestic Laws And Traditional Customs Fail To Protect Migrant Domestic Workers In Gcc Countries, Heather E. Murray
Cornell International Law Journal
No abstract provided.
Renegotiate The Wto Schedules Of Commitments: Technological Development And Treaty Interpretation, Shin-Yi Peng
Renegotiate The Wto Schedules Of Commitments: Technological Development And Treaty Interpretation, Shin-Yi Peng
Cornell International Law Journal
The interpretation of schedules has been the subject of several Panel and Appellate Body reports in recent years, and it is anticipated that challenges to schedules related to information and communication technologies before the dispute settlement body will increase. The recent decisions of the Panel and the Appellate Body in EC-IT Products and China-Audiovisual Services may become significant leading cases on the issues of how to interpret "schedules of commitments" in this rapidly changing digital era. I conclude in this article that the Panel appropriately recognized in EC-IT Products that the Information Technology Agreement is not relevant in determining the …
Legal Restraints On The Use Of Shareholders’ Agreements For Structuring Foreign Investment Deals In Russia, Karina L. Pulec
Legal Restraints On The Use Of Shareholders’ Agreements For Structuring Foreign Investment Deals In Russia, Karina L. Pulec
Cornell International Law Journal
No abstract provided.
Place Aux Dames: The Ideological Divide Between U.S. And European Gender Discrimination Laws, Jens Dammann
Place Aux Dames: The Ideological Divide Between U.S. And European Gender Discrimination Laws, Jens Dammann
Cornell International Law Journal
The United States and the European Union are both firmly committed to eliminating gender discrimination. However, as I show in this Article, they have adopted fundamentally different strategies in pursuing this objective: Whereas the United States offers plaintiffs much more generous procedural rules and far more powerful remedies, the European Union relies on more comprehensive substantive prohibitions against discrimination. What lies behind these different approaches? Contrary to existing scholarship, which emphasizes path dependence arguments, I argue that differences between gender discrimination laws in the United States and Europe can best be understood as the result of a fundamental ideological divide. …
France’S Repatriation Of Roma: Violation Of Fundamental Freedoms, Caitlin T. Gunther
France’S Repatriation Of Roma: Violation Of Fundamental Freedoms, Caitlin T. Gunther
Cornell International Law Journal
No abstract provided.
Saving The Euro: Tensions With European Treaty Law In The European Union’S Efforts To Protect The Common Currency, Boris Ryvkin
Saving The Euro: Tensions With European Treaty Law In The European Union’S Efforts To Protect The Common Currency, Boris Ryvkin
Cornell International Law Journal
No abstract provided.
All That Is Gold Does Not Glitter In Human Clinical Research: A Law-Policy Proposal To Brighten The Global Gold Standard For Drug Research And Development, Michael J. Malinowski, Grant G. Gautreaux
All That Is Gold Does Not Glitter In Human Clinical Research: A Law-Policy Proposal To Brighten The Global Gold Standard For Drug Research And Development, Michael J. Malinowski, Grant G. Gautreaux
Cornell International Law Journal
This Article challenges the global science standard for putting new drugs on pharmacy shelves. The primary premise is that the "gold standard" of group experimental design is an antiquated extension of drug development's crude-science past, and is inconsistent with the precision of contemporary genetics-the science that increasingly dominates the drug development pipeline. The Article identifies law-policy options that would raise the standard for human clinical research under the International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use.
Nationality And The International Judge: The Nationalist Presumption Governing The International Judiciary And Why It Must Be Reversed, Tom Dannenbaum
Nationality And The International Judge: The Nationalist Presumption Governing The International Judiciary And Why It Must Be Reversed, Tom Dannenbaum
Cornell International Law Journal
No abstract provided.
The Emerging Enforcement Practice Of The International Criminal Court, Hirad Abtahi, Steven Arrigg Koh
The Emerging Enforcement Practice Of The International Criminal Court, Hirad Abtahi, Steven Arrigg Koh
Cornell International Law Journal
The dual enforcement regime of the International Criminal Court constitutes a fundamental pillar of the Rome Statute of the International Criminal Court and represents a novel system within the history of international criminal law. This article is the first to focus on the emerging practice of the Court as it begins developing and implementing this unique enforcement regime. Drawing directly from the recent history within the Presidency and focusing on the current activities of the Trust Fund for Victims, this Article explains how, why, and in what direction the Court's enforcement practice is evolving.