Law Commons^™

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.

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.

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 …

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

David D. Caron

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.

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.

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.

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.

By Prohibiting Foreign Lawyers From Participating, California Is Missing Out, David D. Caron, Leah D. Harhay

David D. Caron

California Code of Civil Procedure §1282.4 and Local Rule 9.43 govern the ability of attorneys who are not members of the State Bar of California to act as counsel in international arbitrations here. Both allow out-of-state attorneys to participate in these arbitrations, but provide no similar provisions for out-of-country attorneys. However, even out-of-state attorneys are not safe. In 2011, when §1282.4 sunsets, out-of-state attorneys will also be barred from appearing as counsel in California-based international arbitrations.

Framing Political Theory Of International Courts And Tribunals: Reflections At The Centennial, David D. Caron

David D. Caron

This lecture given at the 100th Annual Meeting of the American Society of International Law explores the lack of agreement on political theory informing scholarship regarding international courts and tribunals. The lecture provides a sketch of such a frame in which the primary object is to identify different generating impulses for courts and tribunals in the international arena. It is not an effort to theorize about which of several forms of institution is chosen ultimately, but instead to understand the impulse to create a court or tribunal at all and therefore the contours of the phenomena that scholars studies.

Does International Law Matter?, David D. Caron

David D. Caron

No abstract provided.

The Reconstruction Of Iraq: Dealing With Debt, David D. Caron

David D. Caron

No abstract provided.

Between Empire And Community -- The United States And Multilateralism 2001-2003: A Mid Term Assessment, David D. Caron

David D. Caron

No abstract provided.

The Ilc Articles On State Responsibility: The Paradoxical Relationship Between Form And Authority, David D. Caron

David D. Caron

No abstract provided.

The Basis Of Responsibility: Attribution And Other Transubstantive Rules Of State Responsibility, David D. Caron

David D. Caron

No abstract provided.

Attribution Amidst Revolution: The Experience Of The Iran United States Claims Tribunal, David Caron

David D. Caron

No abstract provided.

International Sanctions, Ocean Management And The Law Of The Sea: A Study Of Denial Of Access To Fishing, David D. Caron

David D. Caron

No abstract provided.