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International Commercial Arbitration And International Courts, Mark L. Movsesian
International Commercial Arbitration And International Courts, Mark L. Movsesian
Faculty Publications
The editors of this symposium have asked us to address an interesting question. Why hasn't international commercial arbitration’s (ICA's) success been repeated in the context of international courts? In the last few decades, states have created scores of permanent tribunals with jurisdiction to resolve disputes about international law. By and large, though, states have not been as receptive to the rulings of these tribunals. What accounts for this comparative lack of hospitality? Why do states treat ICA and international adjudication so differently?
In this essay, I offer an explanation. States treat ICA and international adjudication differently because they are categorically …
A Tale Of Two Networks: Terrorism, Transnational Law, And Network Theory, Christopher J. Borgen
A Tale Of Two Networks: Terrorism, Transnational Law, And Network Theory, Christopher J. Borgen
Faculty Publications
Talk of networks and "network theory" has become almost ubiquitous in the field of counterterrorism. Terrorist organizations are networks. Terrorists have been empowered by the Internet, ethnic diasporas, and cell phones—networks all. Many of the putative targets of terrorists—electrical grids, oil pipelines, and transportation systems, to name a few—are themselves networks. And, perhaps less often mentioned, terrorists are increasingly hampered by national and international laws that foster cooperation and coordination among states—a network of laws.
From "smart mobs" to "net wars," from narco-trafficking to the Internet, network theory has provided insights into decentralized social organizations and their coordinated action. Both …