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Selected Works

Selected Works

David D. Caron

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Articles 31 - 60 of 96

Full-Text Articles in Law

By Prohibiting Foreign Lawyers From Participating, California Is Missing Out, David D. Caron, Leah D. Harhay Dec 2009

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.


The Oceans In The Nuclear Age, David D. Caron, Harry N. Scheiber Dec 2009

The Oceans In The Nuclear Age, David D. Caron, Harry N. Scheiber

David D. Caron

There are few moments which may be said to fundamentally alter the course of human events. The advent of the nuclear age in 1945 is clearly one of them. The nuclear age has many dimensions, the implications of which, seven decades later, are still unfolding. The oceans are not the focus of the nuclear age, but the affairs of the oceans are deeply woven into its history. This book considers how the nuclear age has affected the oceans and the legal regime of the oceans. The Law of the Sea of Institute undertook the Oceans in the Nuclear Age Project …


The Alien Tort Statute: An Overview Of The Current Issues, David D. Caron, Richard M. Buxbaum Dec 2009

The Alien Tort Statute: An Overview Of The Current Issues, David D. Caron, Richard M. Buxbaum

David D. Caron

This introductory essay seeks to capture the range of questions that exist concerning the ATS and place the contributions of this symposium in the context of that overview.The contributions consist of eight student articles written in an advanced international law writing seminar focused on the ATS in the fall of 2009 . These comments are intended to provide clear statements of the current situation in the various judicial circuits of the United States inasmuch as there is often a majority and minority view on the various ATS issues addressed. Where the author passes into his or her own analysis as …


Panel V Introductory Remarks: New Challenges - Arctic Marine Environment And Biodiversity, David D. Caron Dec 2009

Panel V Introductory Remarks: New Challenges - Arctic Marine Environment And Biodiversity, David D. Caron

David D. Caron

No abstract provided.


Cargill, Incorporated V. United Mexican States (Icsid Case No. Arb(Af)/05/2) (A Nafta Chapter 11 Arbitration Under The Uncitral Arbitration Rules Before The Icsid Additional Facility) Final Award Of September 18, 2009 (Michael Pryles, President; David D. Caron, Member; Donald Mccrae, Member)., David D. Caron Sep 2009

Cargill, Incorporated V. United Mexican States (Icsid Case No. Arb(Af)/05/2) (A Nafta Chapter 11 Arbitration Under The Uncitral Arbitration Rules Before The Icsid Additional Facility) Final Award Of September 18, 2009 (Michael Pryles, President; David D. Caron, Member; Donald Mccrae, Member)., David D. Caron

David D. Caron

A press release notes that in an award issued on 18 September 2009, the NAFTA panel ruled that Mexico violated

several provisions of the North American Free Trade Agreement (NAFTA) by adopting taxation and other measures that favored its own domestic sugar producers over U.S.-owned producers of high fructose corn syrup (HFCS). The panel awarded Cargill $77.3 million in damages plus interest and costs.

The non-public version of the award was issued to the parties

on 18 September 2009. The copy of the award available in bpress is a redacted copy of the award as submitted to the Ontario Superior …


Arctic Boundaries And Climate Change: The Changing Concept Of Space And Place In The Arctic And The Ensuing Battle Of The International Community To Lay Claim, David Caron Mar 2009

Arctic Boundaries And Climate Change: The Changing Concept Of Space And Place In The Arctic And The Ensuing Battle Of The International Community To Lay Claim, David Caron

David D. Caron

No abstract provided.


A Pre-Emptive Pardon For Those Who Tortured Could Backfire, Ariel Meyerstein, David D. Caron Jan 2009

A Pre-Emptive Pardon For Those Who Tortured Could Backfire, Ariel Meyerstein, David D. Caron

David D. Caron

No abstract provided.


A Pre-Emptive Pardon For Those Who Tortured Could Backfire, David D. Caron, Ariel Meyerstein Jan 2009

A Pre-Emptive Pardon For Those Who Tortured Could Backfire, David D. Caron, Ariel Meyerstein

David D. Caron

No abstract provided.


Confronting Ethical Issues In Internartional Arbitration, David D. Caron Dec 2008

Confronting Ethical Issues In Internartional Arbitration, David D. Caron

David D. Caron

No abstract provided.


Assessing The Impact Of The Nuclear Age On The Oceans And Its Legal Regime, David D. Caron, Harry N. Scheiber Dec 2008

Assessing The Impact Of The Nuclear Age On The Oceans And Its Legal Regime, David D. Caron, Harry N. Scheiber

David D. Caron

No abstract provided.


The Oceans In The Nuclear Age: Challenges, Questions And Possibilities, David D. Caron, Harry N. Scheiber Dec 2008

The Oceans In The Nuclear Age: Challenges, Questions And Possibilities, David D. Caron, Harry N. Scheiber

David D. Caron

No abstract provided.


Glamis Gold Ltd V. The United States Of America (A Nafta Chapter 11 Arbitration Under The Uncitral Arbitration Rules Before The Icsid Additional Facility) Final Award Of June 6, 2009 (Michael K. Young, President; David D. Caron, Member; Kenneth Hubbard, Member)., David D. Caron Dec 2008

Glamis Gold Ltd V. The United States Of America (A Nafta Chapter 11 Arbitration Under The Uncitral Arbitration Rules Before The Icsid Additional Facility) Final Award Of June 6, 2009 (Michael K. Young, President; David D. Caron, Member; Kenneth Hubbard, Member)., David D. Caron

David D. Caron

No abstract provided.


Round Table On The Assessment Of The Revision Of The Uncitral Rules On International Commercial Arbitration, David D. Caron Dec 2008

Round Table On The Assessment Of The Revision Of The Uncitral Rules On International Commercial Arbitration, David D. Caron

David D. Caron

No abstract provided.


Remarks On The Change Of Chair In Ita, David D. Caron Dec 2008

Remarks On The Change Of Chair In Ita, David D. Caron

David D. Caron

No abstract provided.


Chair -- 'Assessment Of The Unictral Rules Revision: A Roundtable', David D. Caron Jun 2008

Chair -- 'Assessment Of The Unictral Rules Revision: A Roundtable', David D. Caron

David D. Caron

No abstract provided.


Stefan A. Riesenfeld, The Arctic And The Law Of The Sea, David D. Caron Dec 2007

Stefan A. Riesenfeld, The Arctic And The Law Of The Sea, David D. Caron

David D. Caron

In these remarks on what would have been the 100th birthday of Stefan A. Reisenfeld, I offer three images of the Arctic that are present in political and legal discussions today. With these images in mind, I comment on the relationships these images have with each other and with climate change.


Politics, Law And Three Images Of The Arctic, David D. Caron Dec 2007

Politics, Law And Three Images Of The Arctic, David D. Caron

David D. Caron

No abstract provided.


Anticipating The 2009 U.S. “Fairness In Arbitration Act”, David D. Caron, Seth Schreiberg Dec 2007

Anticipating The 2009 U.S. “Fairness In Arbitration Act”, David D. Caron, Seth Schreiberg

David D. Caron

This essaylays out the two views of the possible unintended effects of the likely-to-return 2007 Fairness in Arbitration Act and how the language of the bill may be modified to avoid such potential consequences


Are The Icsid Rules Governing Nationality And Investment Working? – A Discussion, David D. Caron Dec 2007

Are The Icsid Rules Governing Nationality And Investment Working? – A Discussion, David D. Caron

David D. Caron

No abstract provided.


The Iran – U.S. Claims Tribunal And Investment Arbitration: Understanding The Claims Settlement Declaration As A Retrospective Bit, David D. Caron Dec 2006

The Iran – U.S. Claims Tribunal And Investment Arbitration: Understanding The Claims Settlement Declaration As A Retrospective Bit, David D. Caron

David D. Caron

This article seeks to understand the relevance of the many decisions of the Iran – United States Claims Tribunal for contemporary investor state arbitration by probing the similarities of the constitutive instruments involved if the Iran – U.S. Claims Settlement Declaration is viewed as a retrospective bilateral investment treaty. On the basis of this characterization, criteria are identified to assist in understanding which decisions should be viewed as addressing analogous issues.


Foreword To In Transboundary Harm In International Law: Lessons From The Trail Smelter Arbitration Xix-Xxi (Cambridge University Press, Russell A. Miller & Rebecca Bratspies, Eds.)., David D. Caron Dec 2005

Foreword To In Transboundary Harm In International Law: Lessons From The Trail Smelter Arbitration Xix-Xxi (Cambridge University Press, Russell A. Miller & Rebecca Bratspies, Eds.)., David D. Caron

David D. Caron

No abstract provided.


Framing Political Theory Of International Courts And Tribunals: Reflections At The Centennial, David D. Caron Dec 2005

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.


Justice Alito And Arbitration: His Concurrence In China Minmetals, News And Notes, The Newsletter Of The Institute For Transnational Arbitration, David D. Caron, Rebecca J. Wright Dec 2005

Justice Alito And Arbitration: His Concurrence In China Minmetals, News And Notes, The Newsletter Of The Institute For Transnational Arbitration, David D. Caron, Rebecca J. Wright

David D. Caron

No abstract provided.


Aguas Del Tunari, S.A. V. Republic Of Bolivia, Icsid Case No. Arb/02/3, Decision On Respondent’S Objections To Jurisdiction (21 October 2005) (David D. Caron, President; Henri C. Alvarez, Member; And Jose Luis Alberro-Semerena, Member)., David D. Caron Dec 2004

Aguas Del Tunari, S.A. V. Republic Of Bolivia, Icsid Case No. Arb/02/3, Decision On Respondent’S Objections To Jurisdiction (21 October 2005) (David D. Caron, President; Henri C. Alvarez, Member; And Jose Luis Alberro-Semerena, Member)., David D. Caron

David D. Caron

No abstract provided.


Bringing New Law To Oceans Waters, David D. Caron, Harry N. Sheiber Dec 2003

Bringing New Law To Oceans Waters, David D. Caron, Harry N. Sheiber

David D. Caron

No abstract provided.


Does International Law Matter?, David D. Caron Dec 2003

Does International Law Matter?, David D. Caron

David D. Caron

No abstract provided.


Louis Henkin’S Integrity, Brilliance And ‘Felicity Of Expression’: Remarks On His Receipt Of The 2003 Stefan A. Riesenfeld Prize, David D. Caron Dec 2003

Louis Henkin’S Integrity, Brilliance And ‘Felicity Of Expression’: Remarks On His Receipt Of The 2003 Stefan A. Riesenfeld Prize, David D. Caron

David D. Caron

Remarks on the Awarding of the 2003 Stefan A. Riesenfeld Award to Louis Henkin


The Reconstruction Of Iraq: Dealing With Debt, David D. Caron Dec 2003

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 Dec 2002

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 World Of Intellectual Property And The Decision To Arbitrate, David D. Caron Dec 2002

The World Of Intellectual Property And The Decision To Arbitrate, David D. Caron

David D. Caron

No abstract provided.