Law Commons^™

Ubiquitous Trio: China, Wto And United States Of America, Yuliya Kostelova

Yuliya Kostelova

No abstract provided.

Deference To Administrative Agencies In Interpreting Treaties: Chevron, Charming Betsy, And Global Decisionmaking, Catherine E. Sweetser

Catherine E Sweetser

This Article examines how national courts in the United States should deal with domestic agency interpretations of international treaties. Under Chevron deference, a court defers to an agency interpretation where it believes that Congress when passing a statute intended to delegate lawmaking power to the agency. The Charming Betsy canon assumes that Congress also has an interest in complying with international norms and in binding the United States to follow international rules. In both these canons, Congressional intent becomes the touchstone. I first examine whether international law itself, as a rule of treaty interpretation, suggests that domestic agencies should receive …

Teaching Negotiation To A Globally Diverse Audience: Ethics, Morality And Cultural Differences, David Allen Larson, Vanessa Seyman

David Allen Larson

"Teaching Negotiation to a Globally Diverse Audience: Ethics, Morality, and Cultural Differences" (by David Allen Larson and Vanessa Seyman) This is a short article discussing the challenges of teaching negotiation, and also the challenge of actually negotiating, in a globally diverse environment. Issues of ethics, morality and culture can surface quite quickly when teaching and negotiating in a multicultural environment. The article builds upon our recent experiences as participants in the Second Generation Global Negotiation conference held Istanbul, Turkey. The article provides examples of how cultural and language differences can impact both actual negotiations and negotiation teaching and provides suggestions …

Pirates Versus Mercenaries: Purely Private Transnational Violence At The Margins Of International Law, Ansel J. Halliburton

Ansel J. Halliburton

Because of the recent surge in piracy emanating from the failed state of Somalia, the world’s navies have focused unprecedented resources and attention on the Gulf of Aden and Indian Ocean. Despite a few successes, this military might has largely failed to reverse the tide of piracy. Shipping companies have begun to hire armed private guards to protect their vessels and crew where the public navies cannot. But should private force take a larger role? Should shipping companies hire mercenaries to go on the offensive against pirates? Does, or should, international law allow them to do so? This paper surveys …

‘Why Do We Try International Criminals?’ A Retributivist Theory Response, Noam Wiener

Noam Wiener

This article examines the foundational justifications for the practice of punishing perpetrators of international crimes. It argues that creating such a foundation is important for the formation of a coherent and consistent criminal process. The article then presents two theories that justify punishment in national systems – retributivist and consequentialist. This presentation includes a critique of these theories and of models that try to combine the two. At its conclusion this presentation raises severe moral concerns with the application of the consequentialist justifications. Next, the article examines the express opinions of the various ad-hoc international tribunals and scholarly writing on …

Opening Up To International Arbitration, Yuval Miller, M. Anderson Berry

M. Anderson Berry

Leah D. Harhay, Managing Editor of the World Arbitration & Mediation Review, provided key insights as an expert on this subject, having co-authored a forthcoming article on the topic with Professor David D. Caron of U.C. Berkeley Law School.

Due to an accident of legislative history, for the past decade California law has barred foreign attorneys from participating in international arbitrations located in the state, and erected significant barriers to such participation by attorneys from United States jurisdictions outside California. A previous proposal that would lower these barriers—endorsed by the California State Bar—failed to gain sufficient political momentum to rouse …

Parallel Importation, Patent Right Exhaustion, And Strategies For Navigating The Evolving Landscape, Bryan J. Su

Bryan J Su

Parallel importation provides a means for purchasers and consumers of commercial goods protected by intellectual property law to acquire products for prices lower than the price set by intellectual property right holders. This form of “legal piracy” of grey-market goods is conducted by legally purchasing products in jurisdictions with lower prices, which allows distributors to import products into jurisdictions with higher prices, leading to a competitive advantage. The doctrine of patent exhaustion, especially when applied internationally, allows this practice by giving authorized purchasers of products unfettered ownership and control over the specific articles they acquire.

Analysis of how the United …

Contracting On Standard Forms For International Sales Of Goods, Angelo Giampietro Avv.

Angelo Giampietro Avv.

In the international sales of goods adopting standard form contract and Incoterms can result in an advantageous manner of contracting. We will try to critically consider the extent to which it can facilitate parties to such agreements. First of all, because standard form contract is a result of experience and legal expertise in the field, which include events that can happen, leading to reasonable solutions, the use facilitate trading ensuring predictability, consistency, and increased efficiency in business relations; saving time and money in negotiating efforts and drafting individual contracts. It is the application of the principle of freedom of contract …

Balancing Judicial Cognizance And Caution: Whether Transnational Corporations Are Liable For Foreign Bribery Under The Alien Tort Statute, Matt A. Vega

Matt A Vega

This article argues that transnational corporate bribery is actionable under the Alien Tort Statute of 1789 (ATS) as a violation of the law of nations. In the early years of the Republic, bribery of a foreign official was commonly understood to violate the law of nations. Today, bribery is occasionally mentioned in passing as a precursor to human rights violations, but the bribe itself is seldom analyzed as a potential violation of the law of nations. However, the Second Circuit Court of Appeals recently allowed “aiding and abetting” to proceed as a customary international law violation under the ATS in …