Law Commons^™

The Inter-American System And The Protection Of Indigenous Peoples’ Rights (Spanish)., Giovanna E. Gismondi

Giovanna E. Gismondi

The present article underscore the role of the Inter-American Commission and the Inter-American Court of Human Rights in regards to the protection of the rights of indigenous communities, including their right to lands, natural resources and a healthy environment. In this regard, the intervention of the human rights organs of the Organization of American States (OAS), has had a positive impact on the laws and policies of Latin American countries towards the protection of indigenous peoples' rights. The article discusses four cases that set the standards of the legal protection of indigenous communities within the Inter-American System for the protection …

Six Steps To A Smaller World: Finding International Law From Your Desktop, Jennifer Sekula

Library Staff Publications

No abstract provided.

They Fought For Trade But Did Trade Win?: An Analysis Of The Trends Among Trade Disputes Brought By Wto Member States Before The Wto Dispute Resolution Body, Alexandra R. Harrington

Alexandra R. Harrington

Abstract: They Fought for Trade But Did Trade Win?: An Analysis of the Trends Among Trade Disputes Brought By WTO Member States Before the WTO Dispute Resolution Body.

Alexandra R. Harrington, Esq.

Much has been made of the common assumption that crime and bad conduct does not pay, particularly on the level of international crimes and criminal conduct. However, the field of bad conduct in international trade is not as frequently discussed. What does a study of the outcomes of complaints brought before the WTO’s dispute resolution body tell us about the uses of that entity for the promotion of …

Egypt’S Supreme Administrative Court Denies Constitutional Rights To Bahá’Í Religious Minority, Karlijn Van Der Voort

Karlijn Van der Voort

No abstract provided.

Fighting Terrorism In The Middle East: A Middle Eastern Perspective, Mohamed R. Hassanien

Mohamed R. Hassanien Dr.

September 11 terrorist attacks ignited global interest in the Muslim world; hence the region has turned to be of a primary concern for the international community, with the national security bolted to the forefront of the American foreign policy and the rest of the world as well. six years after the attacks on New York, Pennsylvania and Washington, DC, American perspective has been the prevailing one in most of the writings about International law and terrorism. However, Middle Eastern approach towards international terrorism needs to be carefully explored in the light of the globalization that takes place everywhere.Winning the war …

State Of Necessity And Peremptory Norms In International Investment Law, Jorge E. Vinuales

Jorge E Vinuales

It is usually assumed that peremptory norms have only a “limiting effect” with respect to the State of Necessity defence (“Necessity”), as characterized by article 25 of the International Law Commission’s Articles on State Responsibility (“ILC’s Articles”). Indeed, Necessity cannot be invoked to justify a violation of a peremptory norm of international law. This article contends that this assumption reflects an incomplete understanding of the impact of peremptory norms on the development of public international law. Specifically, we argue that peremptory norms have not only a limiting effect, but also what we call an “excusing effect,” when the essential interests …

Constraints On The President's Power To Interpret Common Article Three Of The Geneva Conventions, Heather Sensibaugh

Heather Sensibaugh

This paper explores whether the President has authority to violate customary international law norms prohibiting outrages upon personal dignity, in particular humiliating and degrading treatment by his own interpretation in the form of an executive order pursuant to the Military Commissions Act of 2006. This article argues that, in interpreting the MCA, the President is bound to comply with definitions provided by Congress and where no definitions are specified. The President’s interpretive authority is constrained by customary meanings of Common article 3 of the 1949 Geneva Conventions.

Targets And Timetables: Good Policy But Bad Politics?, Daniel M. Bodansky

Scholarly Works

From a policy perspective, a climate architecture based on economy-wide, binding emissions targets, combined with emissions trading, has many virtues. But even such an architecture represents good climate policy, it is far more questionable whether it represents good climate politics -- at least in the near-term, for the upcoming "post-2012" negotiations. Given the wide range of differences in national perspectives and preferences regarding climate change, a more flexible, bottom-up approach may be needed, which builds on the efforts that are already beginning to emerge, by allowing different countries to assume different types of international commitments – not only absolute targets, …

Governance Of Markets In The United States And The European Union: A Comparative Survey Of Sec Regulation Nms And The Eu Markets In Financial Instruments Directive, Linda Jeng-Braun

Linda Jeng-Braun

Regulation NMS and MiFID were proposed in the U.S. and the EU, respectively, in the same year of 2004 and are dramatically changing U.S. and EU securities market infrastructure and practices. They possess a large number of similarities and address common issues that markets and regulators are facing on both sides of the Atlantic. Through an examination of Regulation NMS and MiFID, this Article conducts a themed comparison of the governance of securities markets in the U.S. and the EU by history, regulatory governance and supervisory developments, market infrastructure issues of fragmentation and transparency, and long-term consequences for market participants. …

International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna

Working Paper Series

The eight Governors of the Great Lakes States signed a proposed new compact for the Great Lakes and St. Lawrence basin on December 13, 2005, and they joined with the Premiers of Ontario and Québec in a parallel agreement on the same topic on the same day. Neither document is legally binding—the proposed new compact because it has not yet been ratified by any state nor consented to by Congress; the parallel agreement because it is not intended to be legally binding. Both documents are designed to preclude the export of water from the Great Lakes-St. Lawrence basin apart from …

The Transatlantic Divide Over The Implementation And Enforcement Of Security Council Resolutions, Daniel S. Meyers

Daniel S Meyers

American and European governmental institutions adopt vastly divergent approaches to the implementation and enforcement of targeted sanctions adopted by the United Nations Security Council under Chapter VII of the Charter of the United Nations. In Europe, targeted sanctions mandated under Chapter VII of the Charter are regarded as absolute obligations outside the reach of local due process constraints. In America, by contrast, such Chapter VII measures are regarded as mandatory obligations only to the extent that they are consistent with domestic law. As a consequence, a commonly held belief -- that in the "war" on terror, American institutions are more …

The Rise Of Customary Businesses In International Financial Markets: An Introduction To Islamic Finance And The Challenges Of International Integration, Ali A. Ibrahim

Ali A Ibrahim

This paper demonstrates theoretical foundations of Islamic finance and their correlation with the Islamic finance industry. In this respect, the paper presents an over-all survey of the Islamic finance industry, Islamic-law injunctions pertaining to Islamic finance, quasi regulatory institutions, financial engineering, transaction structures and the evolving practices. The paper also highlights various areas of further research, a comprehensive treatment of which is critical to the continuing growth of Islamic finance in the international financial markets.

Trading Spaces: Lessons From Nafta For A Robust Investment Dispute Settlement , Mohamed R. Hassanien

Mohamed R. Hassanien Dr.

Arab leaders- in their last Summit held in Riyadh - have responded to many voices which called on Arabs to embark on their economic integration. In this summit, Arab leaders gathered to make some headway in the problems besieging the Middle East. Throughout this paper, I have tried to point out that, First and foremost, establishing an investment chapter in the GAFTA is quite essential, building on the current provisions of the Intra-Arab investment agreement signed in 1982 and drawing on the experiences of NAFTA. GAFTA may have a robust investment dispute mechanism which would secure GAFTA as an ambitious, …

Will The Real "Che" Guevara Please Stand Up? Labor And Authoritarianism In Sandinista Nicaragua, Stephen Diamond

Stephen F. Diamond

This paper examines the impact of authoritarian left theory, in particular that of “Che” Guevara, on labor rights during the Sandinista’s Nicaraguan revolution. This is important because of the current revival of movements like that of Hugo Chavez in Venezuela that rely on similar approaches to labor and human rights issues as that of the original Sandinista movement. In addition, there is widespread interest today in “Che” Guevara, yet little is known or understood about his actual politics while in power during the early years of the Cuban revolution. In addition, there is increasing sympathy for such authoritarian approaches to …

Genocide And Jurisdiction: Methods For Achieving Justice Domestically For The International Crimes In Darfur, Matthew N. Thomas

Matthew N. Thomas

The international community as a whole has been reluctant to take action against Sudan for the international crimes being committed in Darfur. However, individual nations, including the United States, have expressed a strong interest in taking proactive measures to achieve justice for those atrocities. Victims of the Sudanese conflict may achieve justice through the domestic courts of the United States. Civilly, the Alien Tort Statute provides a cause of action to foreign citizens for torts committed against them in violation of international law, while the exceptions to the Foreign Sovereign Immunity Act permit personal jurisdiction over individuals acting on behalf …

Capitalization Of The Nile, Arthur M. Ortegon

Arthur M. Ortegon

No abstract provided.

Towards A Scientific Standard For The Admissibility And Evaluation Of Psychiatric Evidence In War Crimes Prosecutions, Matthew J. Madalo

Matthew J Madalo

"Towards a Standard for the Admissibility and Evaluation of Psychiatric Evidence in War Crimes Prosecutions" explores the nature and use of psychiatric/psychological defenses and evidence in war crimes prosecutions. Part I of the article focuses on the differing goals and overlapping concerns between psychiatry and the law. In the international criminal legal context, the discussion will center on the types of psychiatric evidence and defenses that have been used or are likely to be used in war crimes prosecutions. Part II analyzes the applicable ICTY, ICR and ICC Statutes, Rules of Procedure and Evidence, and relevant United States common law …

Joint Development Of Offshore Energy Resources In East Asia, Suk Kyoon Kim

Suk Kyoon Kim

Disputes over offshore energy resources in disputed waters in East Asia are increasingly becoming a source of conflicts in the region. However the growing needs for energy resources led to joint development in the disputed waters. In the absence of mutually agreed maritime boundaries joint development might be the best practical way to develop offshore energy resources, while not prejudicing each others’ claims. A wide range of issues such as legal, financial, contractual, operational, international problems may arise from joint development. This article discusses prospect and issues of joint development of offshore energy resources in East Asia.

Do Investors In Controlled Firms Value Insider Trading Laws? International Evidence, Laura N. Beny

Law & Economics Working Papers Archive: 2003-2009

This article characterizes insider trading in controlled firms as an agency problem. Using a standard agency model of corporate value diversion through insider trading by a controlling shareholder, I derive testable hypotheses about the relationship between corporate value and insider trading laws. The article tests these hypotheses using cross-sectional data on firms from a group of developed countries. The results show that stringent insider trading laws and enforcement are associated with greater corporate valuation among firms in common law countries, a result that is consistent with the claim that insider trading laws can mitigate agency costs. In contrast, insider trading …

The Limits Of Group Rights: Religious Institutions And Religious Minorities In International Law, Bernadette A. Meyler

Cornell Law Faculty Publications

Scholars and advocates of religious liberty within the United States are beginning to suggest that our constitutional discourse has focused too intently on individual rights and that our attention should now turn to the interests of religious institutions and the notion of church autonomy. The reoriented jurisprudence encouraged by such proposals is not without parallel in other national contexts, including those of Europe. Heeding calls to attend to church autonomy could thus bring the United States into closer harmony with its European counterparts. Placing priority on church autonomy might, however, generate unforeseen obstacles to the exercise of religious liberty. In …

Report On The Resolution Of Outstanding Property Claims Between Cuba & The United States, Michael J. Kelly, Patrick J. Borchers, Erika Moreno, Richard C. Witmer, James S. Wunsch, Arthur B. Pearlstein

Michael J. Kelly

This commissioned report to USAID outlines two models for resolution of property claims between Cuba and the United States: (1) a bilateral tribunal that will apply international law for the claims of those who were U.S. nationals at the time of the taking, and (2) a special claims court within the Cuban judiciary that will apply Cuban law based on the Spanish Civil Code for the claims of those who were Cuban nationals at the time of the taking. The report includes a complete audit of FCSC files for American claimants, an extensive review of the property claims systems employed …

Getting Under Your Skin--Literally: Rfid In The Employment Context, Marisa Anne Pagnattaro

marisa pagnattaro

This article explores the legal ramifications of the use of radio frequency identification chips (“RFID”) by employers. RFID is an automated data-capture technology that can be used to identify, track and store information contained on a tiny computer chip, which uses electromagnetic energy in the form of radio waves to communicate information. These chips can be implanted under an employee’s skin, worn in an employee’s clothing or in an identification badge. Part I presents a brief history of RFID, as well as novel and interesting uses in the workplace. This section also discusses security and safety concerns regarding the use …

High Crimes On The High Seas, Marva J. Wyatt

Marva J Wyatt

The growth of the modern cruise industry over the past twenty five years and the corresponding increase in the numbers of Americans engaging in cruise travel warrants scrutiny of this multi billion dollar industry. The standard of care required of modern ocean common carriers has evolved from a very high standard of care approaching strict liability to one of ordinary care requiring a showing of actual notice of a dangerous condition. Serious crimes aboard these predominantly foreign flagged ships, which make up the fleets of recognizable names like Carnival, Princess, and Royal Caribbean, are increasing as the numbers of passengers …

Adjudicating Genocide: Is The International Court Of Justice Capable Of Judging State Criminal Responsibility, Dermot M. Groome

Dermot M Groome

Last February, the International Court of Justice issued a judgement adjudicating claims by Bosnia and Herzegovina that Serbia breached the 1948 Genocide Convention – the case marks the first time a state has made such claims against another. The alleged genocidal acts were the same as those that have been the subject of several criminal trials in the Yugoslav Tribunal. The judgment contained several landmark rulings – among them, the Court found that a state, as a state, could commit the crime of genocide and the applicable standard of proof for determining state responsibility is comparable to the standard used …

Efficiency And Effectiveness In Securities Regulation: Comparative Analysis Of The United States Competitive Regulatory Structure And The United Kingdom’S Single Regulator Model, Joseph Silvia

Joseph Silvia

Efficiency and Effectiveness in Securities Regulation: Comparative Analysis of the United States Competitive Regulatory Structure and the United Kingdom’s Single Regulator Model Does the form of regulatory institutions impact the efficiency and effectiveness of the regulatory structure? While the current status of the multi-level/multi-functional regulatory structure in the United States (US) has developed over many years, the recent adoption of a single regulator structure by the United Kingdom (UK) offers us opportunity to test the impact of form on substance. To what extent does each system efficiently and effectively monitor and enforce the regulations of the financial markets? This paper …

Emerging Market Competition Policy: The Brazilian Experience, Joseph Silvia

Joseph Silvia

Abstract: Emerging Market Competition Policy: The Brazilian Experience Brazilian competition policy has developed over decades into a policy system that has allowed Brazil to lead South American nations in generating economic growth and sustainability, as well as the development of a “fully functioning market economy” in Brazil. The Brazilian Competition Policy System regulates merger control, competitive behavior among Brazilian firms, antitrust issues, and economic stability within regulation. Brazil’s policies have been crucial to the nation’s development from mostly state-owned enterprise and government interference in the markets after World War II. Brazil’s status as an emerging economy has also required that …

The Human Factor: Globalizing Ethical Standards In Drug Trials Through Market Exclusion, Fazal R. Khan

Fazal Khan

This paper proposes a framework of international soft law and domestic drug regulations to a priori remove incentives for unethical clinical drug research in developing nations. The globalization of drug testing is very problematic from a bioethics perspective. While stringent regulations in the U.S. or E.U. may pose an adequate check on unethical research practices, many multinational corporations are engaging in regulatory arbitrage by outsourcing ethically questionable research to countries with less restrictive regulations. Given the tremendous financial reward a blockbuster therapy might generate, there is a strong incentive to move more research and development to countries with even looser …

Intellectual Property Piracy: Perception And Reality In China, The United States, And Elsewhere, Aaron Schwabach

Aaron Schwabach

The article is intended as a counterpoint to the all-too-frequent portrayal of China as the world’s leading violator of intellectual property rights. In fact, by many measures China, taken as a whole, is not the leading violator. Some measures show China as the leading violator only because they are aggregates, and do not take into account China’s size. When figures are adjusted for population, China’s rates of intellectual property violation are lower than those of many other countries, including the United States. The article first looks at examples of the current round of political and media China-bashing. It then examines …

Changes In Modern Military Codes And The Role Of The Military Commander: What Should The United States Learn From This Revolution?, Victor M. Hansen

Victor M. Hansen

This article examines the renewed interest which legal scholars, courts, and practitioners are giving to military justice. In light of this heightened interest, there have been a number of calls to reform the Uniform Code of Military Justice. Specifically, there is pressure to change and reduce the role of the military commander in the justice system. This pressure for change comes in part due to the changes made in the military codes of the United Kingdom and Canada, two countries which share a common tradition with the United States. The overall effect of these changes has been to significantly reduce …

The Perfect Storm? International Trade In American-Style Tort Litigation, David L. Wallace

David L. Wallace

No abstract provided.