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.

Climate Change And The Oceans, David D. Caron

David D. Caron

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 Interpretation Of National Foreign Investment Laws As Unilateral Acts Under International Law, David D. Caron

David D. Caron

To encourage foreign investment, governments not infrequently adopt a national foreign investment law that sets assurances as to how foreign investment will be treated and provides consent to non-national mechanisms, primarily arbitration before the International Centre for the Settlement of Investment Disputes (“ICSID” or the “Centre”), for the resolution of disputes. This Chapter focuses in particular on the rules of interpretation to be applied when ascertaining the meaning of a unilateral act such as a national foreign investment law. The Chapter proceeds in the following manner. Part I and II are brief with Part I laying out the textual and …

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 …

Negotiating Our Future With The Oceans, David D. Caron

David D. Caron

The Profound Significance Of The Uncc For The Environment, David D. Caron

David D. Caron

The Interpretation Of National Foreign Investment Laws As Unilateral Acts Under International Law, David D. Caron

David D. Caron

Climate Change And Arctic Governance: Three Images Of A Changing Arctic, David D. Caron

David D. Caron

No abstract provided.

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.

North American Futures: Canadian & U.S. Perspectives, Managing The Arctic, David Caron

David D. Caron

Presentation and discussion of issues relevant to balanced Arctic exploration, multilateral cooperation policy, growth and development and political-economic perspectives.

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.