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Articles 1 - 7 of 7
Full-Text Articles in Law
From The 2014 World Cup To The 2016 Olympics: Brazil's Role In The Global Anti-Corruption Movement, Andrew B. Spalding
From The 2014 World Cup To The 2016 Olympics: Brazil's Role In The Global Anti-Corruption Movement, Andrew B. Spalding
Law Faculty Publications
This Comment is the first in a series of publications on Brazil's efforts and, we hope, its successes in reducing corruption in the 2016 Olympic Games. It is written as part of a course at the University of Richmond School of Law entitled "Brazil, Corruption, and the 2016 Summer Olympics"-the co-authors are eight students and their pro- fessor. While the ultimate product will be a comprehensive analysis of the role of Brazilian law in controlling corruption, this Comment has a more modest purpose. It will discuss the various trends and forces that have converged on Brazil's hosting of the Games, …
Using International Law In Somalia’S Post- Conflict Reconstruction, Chiara Giorgetti
Using International Law In Somalia’S Post- Conflict Reconstruction, Chiara Giorgetti
Law Faculty Publications
For the first time since 1991, Somalia has an internationally- recognized government. Established in August 2012, the Somali Federal Government (SFG) has been officially recognized by many nations and international organizations. The process of bringing Somalia fully back into the international community, however, remains long and complex. This Article argues that, in order to be successful, Somalia’s reconstruction must include a robust international law component. By mandating frameworks for action and establishing best practices, international law should guide and strengthen reconstruction efforts.
The Arbitral Tribunal: Selection And Replacement Of Arbitrators, Chiara Giorgetti
The Arbitral Tribunal: Selection And Replacement Of Arbitrators, Chiara Giorgetti
Law Faculty Publications
The great majority of international investment arbitrations are decided by a three-member arbitral panel, where each party selects one arbitrator, and the presiding arbitrator is selected either by agreement of the parties, the party-appointed arbitrators, or, more often, by a neutral appointing authority. Their selection is not only a characteristic feature of international investment arbitration, but also one of the most important and delicate acts taken by the parties during the proceedings. Indeed, as frequent arbitrator Professor William W. Park noted, while “in real estate the three key elements are ‘location, location, location,’ . . . in arbitration the applicable …
Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari
Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari
Law Student Publications
This comment is divided into three sections. Part I introduces the World Trad Organization (WTO) generally and analyzes the Trade Related Agreement on Intellectual Property Rights (TRIPS) agreement specifically. Part II discusses the proposed theory and its basis. It then introduces Novartis. The comment then explores the relevant EU laws and analyzes the jurisprudence of Direct Effect and State Liability. Part III applies EU law to Novartis.
The Problem Of Deterring Extraterritorial White-Collar Crime, Andrew B. Spalding
The Problem Of Deterring Extraterritorial White-Collar Crime, Andrew B. Spalding
Law Faculty Publications
Recent reports of egregious labor practices in China and Bangladesh have called public attention to the potential harms of foreign direct investment (FDI) in developing countries. The best, or at least most obvious, tool for reducing destructive overseas business practices would seem to be the extraterritorial application of white-collar criminal law. The "holy grail" of contemporary criminal law is deterrence, and the deterrence literature is largely shaped by the paradigm of law and economics. Prominent within that literature is Polinsky and Shavell's "enforcement authority," which seeks to maximize social utility through the efficient deterrence of crime.a Guided by the principles …
Is The Truth In The Eyes Of The Beholder? The Perils And Benefits Of Empirical Research In International Investment, Chiara Giorgetti
Is The Truth In The Eyes Of The Beholder? The Perils And Benefits Of Empirical Research In International Investment, Chiara Giorgetti
Law Faculty Publications
Empirical research is the new hot trend in international law. An increasing number of publications include empirical data that aim at strengthening their author's argument. Indeed, empirical data are used to make an argument less fallible, as the author's conclusions are transformed from subjective to objectively proven by the empirical wrap. Professor Catherine Rogers' novel article, The Politics and Empirics of International Investment Arbitrators, highlights important limitations that empirical data may produce in international investment law research.a As such, it is a needed and important contribution to the understanding and development of this type of scholarship, and generally to the …
Cultural Determinants Of Workplace Arbitration In The U.S. And Italy, Ann C. Hodges
Cultural Determinants Of Workplace Arbitration In The U.S. And Italy, Ann C. Hodges
Law Faculty Publications
Although Italy and the United States are both advanced industrial economies, the law and practice of workplace arbitration differs significantly in the two countries. This Article explores those variations and analyzes the reasons lbr the divergent evolution of arbitration. The Article concludes that histon'cal and cultural differences in legal systems and labor and employment relations are explanatory forces. While the United States could provide a more balanced system of arbitration by learning from the Italian systems greater protection of workers, given the current reality neither system seems likely to undergo significant change in the near fiiture.