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Federal Policy For Financially-Distressed Subnational Governments: The U.S. States And Puerto Rico, Cheryl D. Block Jan 2017

Federal Policy For Financially-Distressed Subnational Governments: The U.S. States And Puerto Rico, Cheryl D. Block

Washington University Journal of Law & Policy

This Article addresses the aftermath of the Great Recession specifically focusing on its effects at the local and statewide levels. Block uses the financial situation in Puerto Rico to detail the common presumption against the use of federal government assistance to financially-distressed subnational governments. Block then analyzes rebuttal arguments that the states and Puerto Rico might use to overcome the initial presumption against federal assistance and gives suggestions to facilitate the structuring of relief efforts in the rare circumstances when federal intervention is warranted.


Towards 2030: Shortcomings And Solutions In Food Loss And Waste Reduction Policy, Emily Friedman Jan 2017

Towards 2030: Shortcomings And Solutions In Food Loss And Waste Reduction Policy, Emily Friedman

Washington University Journal of Law & Policy

This Note analyses the growing problems with food consumption and waste with regard to issues of hunger and environmental repercussions. Friedman first analyses the global food waste problem and how U.S. policies may be adding to the problem within the country. The Author relates these U.S. policies to those promulgated by the United Nations, those in Europe, and those at state and local levels. The Note argues the best approach toward addressing these problems will be a dual federal and state/local policy approach, including such methods as broadening USDA policies on grades and standards, creating tax incentives ...


Washington University School Of Law’S Global Trajectory, Leila Nadya Sadat Jan 2017

Washington University School Of Law’S Global Trajectory, Leila Nadya Sadat

Washington University Journal of Law & Policy

This Essay discusses the changing nature of legal education, focusing on the movement from national to global law schools, specifically within the context of globalization. Sadat details the development of international and comparative legal education at Washington University and reflects on their benefit to the School’s reputation. Sadat closes with a discussion of “Global Trumpism,” its potential impact on the Pax Americana, and the resulting effect on Washington University’s international and comparative legal education programs.


“Snowed In” In Russia: A Historical Analysis Of American And Russian Extradition And How The Snowden Saga Might Impact The Future, William C. Herrington Jan 2015

“Snowed In” In Russia: A Historical Analysis Of American And Russian Extradition And How The Snowden Saga Might Impact The Future, William C. Herrington

Washington University Journal of Law & Policy

After Edward Snowden—an American citizen charged with theft and unauthorized communication of classified defense information (among other things)—was granted asylum by the Russian Federation, relations between the United States and Russia deteriorated rapidly. This Note analyzes the history of American and Russian extradition agreements and provides a sample extradition agreement that, if enacted prior to Russia’s asylum grant, may have altered the outcome.


E Unum Pluribus: After Bond V. United States, State Law As A Gap Filler To Meet The International Obligations Of The United States, Llewellyn J. Gibbons Jan 2015

E Unum Pluribus: After Bond V. United States, State Law As A Gap Filler To Meet The International Obligations Of The United States, Llewellyn J. Gibbons

Washington University Journal of Law & Policy

Intellectual property issues are among the most significant and hotly contested issues in foreign policy that require treaties that regulate private domestic actors. This Article analyzes two intellectual property examples, one from Berne Convention and the other from the Paris Convention, where state law supplements federal law to provide the minimum level of legal protection required under each treaty. The Article provides an overview of Bond v. United States and then analyzes whether the federal law of preemption or principles of international law require states to develop their law in a manner consistent with US foreign policy. The Article then ...


Delusions Of Adequacy? Examining The Case For Finding The United States Adequate For Cross-Border Eu-U.S. Data Transfers, Christopher Wolf Jan 2014

Delusions Of Adequacy? Examining The Case For Finding The United States Adequate For Cross-Border Eu-U.S. Data Transfers, Christopher Wolf

Washington University Journal of Law & Policy

This Article explores the European Union (EU) adequacy mechanism for assessing cross-border data flows, and highlights where U.S. law aligns with and differs from the EU approach to privacy. Following the Introduction, Part I explains how the EU adequacy mechanism works and how it has been applied in practice. Parts II and III then review the case for and against U.S. privacy law being deemed adequate under the EU privacy framework. The Article concludes with some thoughts on how cross-border data flows can be managed as both the United States and EU contemplate new privacy laws and a ...


Beyond International Commercial Arbitration? The Promise Of International Commercial Mediation, S. I. Strong Jan 2014

Beyond International Commercial Arbitration? The Promise Of International Commercial Mediation, S. I. Strong

Washington University Journal of Law & Policy

International commercial arbitration has long been the preferred means of resolving complex business disputes in the cross-border context. However, the international corporate community has become somewhat disenchanted with that particular mechanism because of concerns about rising costs, delays, and procedural formality. As a result, parties are looking for other means of resolving international commercial disputes. One of the more popular alternatives is mediation.

A question arises as to whether and to what extent international commercial mediation can serve as an adequate substitute for international commercial arbitration and, in particular, whether it can live up to the promise of delivering quick ...


Mirror As Prism: Reimagining Reflexive Dispute Resolution Practice In A Globalized World, Kenneth H. Fox Jan 2014

Mirror As Prism: Reimagining Reflexive Dispute Resolution Practice In A Globalized World, Kenneth H. Fox

Washington University Journal of Law & Policy

As cooperative private international dispute resolution practices become increasingly common, it is tempting for conflict practitioners to assume that the human relations insights, skills, and practices that worked well for them at home will be equally effective (and appropriate) in an international, cross-cultural environment. However, exporting the ways we understand and interact with others in conflict from a domestic environment into new and different legal, political, economic, cultural, and social environments can be problematic. As a result, attending to the human dimension of conflict and interaction should be a central part of global negotiation and dispute resolution practice. That is ...


Using The Theories Of Exit, Voice, Loyalty, And Procedural Justice To Reconceptualize Brazil’S Rejection Of Bilateral Investment Treaties, Nancy A. Welsh, Andrea K. Schneider, Kathryn Rimpfel Jan 2014

Using The Theories Of Exit, Voice, Loyalty, And Procedural Justice To Reconceptualize Brazil’S Rejection Of Bilateral Investment Treaties, Nancy A. Welsh, Andrea K. Schneider, Kathryn Rimpfel

Washington University Journal of Law & Policy

In the past decade, investor-state arbitration has made tremendous gains in both credibility and use. There is now widespread accession to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. States have executed more than 2,000 bilateral investment treaties (BITs) defining the terms and conditions under which one (“investor”) state’s nationals and companies will invest in the other (“host”) state. Such terms include provisions allowing foreign investors to initiate arbitration proceedings against the host state, and at this point, more than 500 disputes have been submitted to investor-state arbitration. There is, however ...


Introduction, Karen L. Tokarz, Leila Nadya Sadat Jan 2014

Introduction, Karen L. Tokarz, Leila Nadya Sadat

Washington University Journal of Law & Policy

No abstract provided.


How To Conduct Effective Transnational Negotiations Between Nations, Nongovernmental Organizations, And Business Firms, Charles B. Craver Jan 2014

How To Conduct Effective Transnational Negotiations Between Nations, Nongovernmental Organizations, And Business Firms, Charles B. Craver

Washington University Journal of Law & Policy

As computers, the Internet, and efficient transportation systems have generated a truly global political and economic world, the extent of governmental and private transnational negotiating has significantly increased. International political entities—such as the United Nations and its affiliates and the World Trade Organization (WTO)—and regional political/economic groups—such as the European Union, the Group of Eight (G-8), the expanded Group of Twenty (G-20), and the North American Free Trade Zone—have increased the number of bilateral and multilateral governmental bargaining interactions. Nongovernmental organizations (NGOs) have become increasingly involved with issues that were previously addressed exclusively through governmental ...


The Tools And Levers Of Access To Patented Health Related Genetic Invention In Canada, S. Tina Piper Jan 2009

The Tools And Levers Of Access To Patented Health Related Genetic Invention In Canada, S. Tina Piper

Washington University Journal of Law & Policy

This Article argues that there is a prevailing problem of access to genetic invention in Canada caused by disputes over intellectual property rights arising from conflicting normative orders.


The Fao Multilateral System For Plant Genetic Resources For Food And Agriculture: Better Than Bilateralism?, Muriel Lightbourne Jan 2009

The Fao Multilateral System For Plant Genetic Resources For Food And Agriculture: Better Than Bilateralism?, Muriel Lightbourne

Washington University Journal of Law & Policy

Because innovation cycles in the plant breeding industry require five to fifteen years to create new stable varieties, the Multilateral System will not start producing effects for a few more years. However, the share of benefits derived from the commercialization of plant genetic resources that incorporate genetic material accessed from the Multilateral System should be fairly limited pursuant to the provisions of the Standard Material Transfer Agreement adopted by the International Treaty Governing Body in June 2006. This seems to vindicate the position of China and Ethiopia, which consisted of maintaining soybean and coffee outside the Multilateral System. Part I ...


The Interface Of Open Source And Proprietary Agricultural Innovation: Facilitated Access And Benefit-Sharing Under The New Fao Treaty, Charles R. Mcmanis, Eul Soo Seo Jan 2009

The Interface Of Open Source And Proprietary Agricultural Innovation: Facilitated Access And Benefit-Sharing Under The New Fao Treaty, Charles R. Mcmanis, Eul Soo Seo

Washington University Journal of Law & Policy

This Article will critically examine how effectively the new ITPGRFA combines these open source and proprietary elements and will conclude by comparing this commendable, albeit imperfect, Multilateral System with its potentially bipolar alternative—namely, the continuation of current controversies over the patentability of genetic materials and over reactive assertions of sovereignty over plant genetic resources.


From Functional Family To Spinster Sisters: Australia's Distinctive Path To Relationship Recognition, Reg Graycar, Jenni Millbank Jan 2007

From Functional Family To Spinster Sisters: Australia's Distinctive Path To Relationship Recognition, Reg Graycar, Jenni Millbank

Washington University Journal of Law & Policy

This Essay reflects on the approaches that Australia, and to a lesser extent New Zealand, have taken to relationship recognition, focusing in particular on the ways in which they have differed profoundly from what has happened in the United States. Specifically, the relationship recognition debate in Australia through the 1990s was characterized by the absence of any real interest in marriage and instead focused on developing more functional and adaptive models of relationship recognition, primarily through presumption-based models (for example, the ascription of relationship status). In this discussion we start, by way of background, with an explanation of the development ...


Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya Jan 2006

Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya

Washington University Journal of Law & Policy

The remarks that follow summarize how the claims of indigenous peoples have not only taken advantage of changes in the character of international law but have also contributed to those changes, particularly in the area of human rights. These changes are beneficial not just for indigenous peoples themselves but the humanity more broadly. Part I describes the nature of disparate international legal arguments employed by indigenous peoples and how those arguments have tended toward a human rights discourse. Part II discusses specific ways in which the indigenous human rights discourse has contributed to the evolution of international human rights law.


From The Shaman's Hut To The Patent Office: In Search Of A Trips-Consistent Requirement To Disclose The Origin Of Genetic Resources And Prior Informed Consent, Nuno Pires De Carvalho Jan 2005

From The Shaman's Hut To The Patent Office: In Search Of A Trips-Consistent Requirement To Disclose The Origin Of Genetic Resources And Prior Informed Consent, Nuno Pires De Carvalho

Washington University Journal of Law & Policy

The introduction in patent statutes of a requirement to disclose the origin of genetic resources and prior informed consent of the use of traditional knowledge in claimed inventions (hereinafter “the Requirement”) has been at the center of an international debate for the last few years. Many developing, biodiversity-rich countries consider that the Requirement is an essential component of a broader approach to patent law, which should be informed by considerations of economic development. At the other end of the spectrum, a few industrialized countries believe that the Requirement is not only incompatible with current international law, in particular the TRIPS ...


Protecting Traditional Agricultural Knowledge, Stephen B. Brush Jan 2005

Protecting Traditional Agricultural Knowledge, Stephen B. Brush

Washington University Journal of Law & Policy

Until the end of the last century, crop genetic resources were managed as public domain goods according to a set of practices loosely labeled as “common heritage.” The rise of intellectual property for plants, the commercialization of seed, the increasing use of genetic resources in crop breeding, and the declining availability of crop genetic resources have contributed to extensive revisions to the common heritage regime. Changes include specifying national ownership over genetic resources and use of contracts in the movement of resources between countries. This Essay explores the impact of these changes in cradle areas of crop domestication, evolution and ...


Regulating Environmental And Safety Hazards Of Agricultural Biotechnology For A Sustainable World, George Van Cleve Jan 2002

Regulating Environmental And Safety Hazards Of Agricultural Biotechnology For A Sustainable World, George Van Cleve

Washington University Journal of Law & Policy

This Essay first presents an overview of key legal principles that support sustainability. This Essay then reviews the major alleged risks of agricultural biotechnology. It then describes the existing U.S. and European agricultural biotechnology regulatory system designed to control those risks. Next, this Essay analyzes the existing U.S. regulatory system using sustainability principles. In the course of that analysis, this Essay considers lessons to be derived from three case studies: the permitting of Starlink™ corn, the discovery of Mexican maize containing genetically engineered corn genes, and the possible permitting of transgenic salmon for ocean fish farming. This Essay ...


Information Based Regulation And International Trade In Genetically Modified Agricultural Products: An Evaluation Of The Cartagena Protocol On Biosafety, Michael P. Healy Jan 2002

Information Based Regulation And International Trade In Genetically Modified Agricultural Products: An Evaluation Of The Cartagena Protocol On Biosafety, Michael P. Healy

Washington University Journal of Law & Policy

This Essay considers the regulation of international trade in genetically modified agricultural products. Specifically, it addresses both products released into the environment as seeds and products intended for consumption as food. The first part of the Essay describes the significance of genetically modified organisms (GMOs) in modern agriculture, especially agriculture in the United States. This discussion summarizes the risks and potential benefits associated with the use of agricultural GMOs, especially the risks and benefits related to biodiversity. The Essay then briefly describes the approaches to the regulation of these products adopted in the Cartagena Protocol to the Convention on Biological ...


Introduction: The Un And The Protection Of Human Rights, Stephen H. Legomsky Jan 2001

Introduction: The Un And The Protection Of Human Rights, Stephen H. Legomsky

Washington University Journal of Law & Policy

The essential premise of modern international human rights law is that there is still hope. Human rights activists today ask practical questions, not just philosophical ones. What specific, concrete actions can the world community, states, NGOs, and individuals take, and what mechanisms can they establish, to put an end to the madness?

In various ways, the contributors to the present colloquium address themselves to these fundamental questions. They come from different regions of the world, different professional experiences, and different personal backgrounds, but they have in common an unmistakable longing to solidify respect for human rights and the rule of ...


The Evolution Of The International Refugee Protection Regime, Erika Feller Jan 2001

The Evolution Of The International Refugee Protection Regime, Erika Feller

Washington University Journal of Law & Policy

A short historical perspective on the United Nations High Commissioner for Refugees (UNHCR) is followed by a review of how the international refugee protection regime has evolved over the past half century.


The Global Challenge Of Internal Displacement, Francis Mading Deng Jan 2001

The Global Challenge Of Internal Displacement, Francis Mading Deng

Washington University Journal of Law & Policy

I would like to address the subject of internal displacement from the perspective of four issues: the magnitude of the crisis, my conceptual approach to the mandate, the scope of activities I have undertaken pursuant to the mandate, and the need to address the root causes of internal displacement.


Judicial Activism: The Indian Experience, S. P. Sathe Jan 2001

Judicial Activism: The Indian Experience, S. P. Sathe

Washington University Journal of Law & Policy

Judicial activism has become a subject of controversy in India. Recent and past attempts to hinder the power of the courts, as well as access to the courts, included indirect methods of disciplining the judiciary, such as supersession of the judges and transfers of inconvenient judges. Critics of judicial activism say that the courts usurp functions allotted to the other organs of government. On the other hand, defenders of judicial activism assert that the courts merely perform their legitimate function. According to Mr. Justice A. H. Ahmadi, the former Chief Justice of India, judicial activism is a necessary adjunct of ...


Ups And Downs In Un History, Richard C. Hottelet Jan 2001

Ups And Downs In Un History, Richard C. Hottelet

Washington University Journal of Law & Policy

A peaceful world order was for centuries a noble, yet unattainable ideal, until President Woodrow Wilson called for action in the last year of the First World War. Sickened by four years of slaughter on the battlefields of Europe, the victors wrote a Covenant of the League of Nations into the Treaty of Versailles. It was the kiss of death. The Treaty was a nineteenth century peace—vengeful, greedy, and fearridden, which registered only the absence of any ethical and political architecture for a new era. The Senate and the people of the United States promptly rejected both the Treaty ...


When, If Ever, May States Deploy Military Force Without Prior Security Council Authorization?, Thomas M. Franck Jan 2001

When, If Ever, May States Deploy Military Force Without Prior Security Council Authorization?, Thomas M. Franck

Washington University Journal of Law & Policy

Were the Charter a static instrument bound exclusively to the textually expressed intent of its drafters, the profound incapacitation of the Security Council and the absence of a stand-by police force might have put paid to the Charter’s collective security system. Instead, the system has adapted, specifically by uncoupling Article 43 from Article 42 and by broadening the authority of states to act in self-defense under Article 51. These adaptions, brought about precedent-by-precedent, are worth noting.


Appraising Un Justice-Related Fact-Finding Missions, M. Cherif Bassiouni Jan 2001

Appraising Un Justice-Related Fact-Finding Missions, M. Cherif Bassiouni

Washington University Journal of Law & Policy

Shakespeare wrote that a rose by any other name is still a rose. But in the United Nations (UN), a fact-finding mission, notwithstanding its name, is not necessarily a fact-finding mission.


The International Criminal Tribunal For The Former Yugoslavia Comes Of Age: Some Observations On Day-To-Day Dilemmas Of An International Court, Patricia M. Wald Jan 2001

The International Criminal Tribunal For The Former Yugoslavia Comes Of Age: Some Observations On Day-To-Day Dilemmas Of An International Court, Patricia M. Wald

Washington University Journal of Law & Policy

I want to share my impressions of the way these newbreed international courts work, what problems beset our day-to-day functioning, and how we try to resolve those problems—all comprising the monumental task of making the Tribunal work in the way that will further justice and maybe even deter future reigns of terror both in war and in peace.


United Nations Peacekeeping Operations And The Use Of Fforce, Ruth Wedgwood Jan 2001

United Nations Peacekeeping Operations And The Use Of Fforce, Ruth Wedgwood

Washington University Journal of Law & Policy

When one views the UN up close, in the field and in New York, much of the unsteadiness in discharging its missions stems from the organization’s deep ambivalence about the proper use of force in international conflict resolution and its hobbled ability to muster efficacious force.


Global Governments And Democratization, John B. Anderson Jan 2001

Global Governments And Democratization, John B. Anderson

Washington University Journal of Law & Policy

This essay addresses the questions of interpretation and reform that surround the United Nations and the UN Charter in consideration of a changing, global world. Particular attention is given to the need for "international civil society" to foster a culture of peace and justice. The paper poses a challenge for democratization and reform to mobilize and give voice to an empowered UN.