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2018

University of Missouri School of Law

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Articles 151 - 159 of 159

Full-Text Articles in Law

Value And Judgment In Investment Treaty Arbitration, Frederic Gilles Sourgens Jan 2018

Value And Judgment In Investment Treaty Arbitration, Frederic Gilles Sourgens

Journal of Dispute Resolution

Are international treaties consenting to the resolution of disputes between foreign investors and the host states to their investment still a good idea? Recent and not so recent criticism of such treaty provisions calls into question whether investor-state tribunals can act as neutral arbiters of such disputes. This criticism argues that tribunals are biased in favor of the business interests of investors—and therefore disfavor the state’s right to regulate. Responses to this criticism frequently have alleged the opposite: The arbitral tribunals constituted under international treaties are, if anything, too friendly towards the interests of states. They fail to protect the …

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State Legislative Update, Ryan Corrigan, Samantha Groark, Alison Matusofsky, John Roark, Joshua Sieg Jan 2018

State Legislative Update, Ryan Corrigan, Samantha Groark, Alison Matusofsky, John Roark, Joshua Sieg

Journal of Dispute Resolution

No abstract provided.

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Vatican Mediation And The Venezuelan Crisis, Emma Altheide Jan 2018

Vatican Mediation And The Venezuelan Crisis, Emma Altheide

Journal of Dispute Resolution

Part II will discuss the dispute between Argentina and Chile in the 1970s concerning property rights in the Beagle Channel, as well as the restoration of diplomatic relations between the United States and Cuba in 2015. Part III will outline the events leading to the crisis in Venezuela, where President Nicolás Maduro has brought the government to the brink of authoritarian rule. This section will assess the Vatican’s offer to mediate in Venezuela in light of the country’s current climate and previous instances of Vatican mediation. Part IV will examine the Vatican as a mediator, analyzing the attributes that may …

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Adr That Is Out Of This World: A Regime For The Resolution Of Outer-Space Disputes, George Khoukaz Jan 2018

Adr That Is Out Of This World: A Regime For The Resolution Of Outer-Space Disputes, George Khoukaz

Journal of Dispute Resolution

The United States’ interest in enlarging and increasing its presence in outer space is an extension of its current geographically extensive military presence around the globe. These outer-space exploratory goals are compared to the expansionist aspirations of ocean-born European empires of the 17th and 18th centuries; and therefore project a future where nations will compete over space-control to gain a geostrategic advantage on Earth.

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Online Dispute Resolution For Divorce Cases In Missouri: A Remedy For The Justice Gap, Danielle Linneman Jan 2018

Online Dispute Resolution For Divorce Cases In Missouri: A Remedy For The Justice Gap, Danielle Linneman

Journal of Dispute Resolution

This Comment will analyze the use of ODR for divorce disputes in Missouri by first explaining the use of ODR and then analyzing its evolution. How ODR has grown on a global level and entered the realm of family law will also be viewed, as well as how other countries have used ODR to successfully resolve divorce case disputes. Recent proposals in the United States for use of ODR programs to resolve domestic disputes will be discussed, before evaluating how ODR programs could be implemented into Missouri’s legal system as a way to begin shaping the future of America’s family …

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Building Conflict Resilience: It's Not Just About Problem-Solving, Robert C. Bordone Jan 2018

Building Conflict Resilience: It's Not Just About Problem-Solving, Robert C. Bordone

Journal of Dispute Resolution

Political polarization in the United States and internationally has increased enormously in the past decade, resulting in legislative impasse in some countries, political instability and partisan re-alignment in others, and decreased levels of communication, trust, and cooperation across partisan lines in schools, communities, and across the nation. As partisan polarization has increased, I have observed several perceptible changes in the way law school students engage each other around political differences and conflict in the classroom. From conversations with my colleagues, I am not alone in observing these trends.

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Seeking Recognition And Enforcement Of Foreign Court Judgments And Arbitral Awards In Egypt And The Mashriq Countries, Nicolas Bremer Jan 2018

Seeking Recognition And Enforcement Of Foreign Court Judgments And Arbitral Awards In Egypt And The Mashriq Countries, Nicolas Bremer

Journal of Dispute Resolution

Asserting a claim in an international transaction is often complex. If a transaction involves parties from different countries, the venue of dispute resolution will often be in a jurisdiction different from that where enforcement may have to be sought. In such a case, any ruling obtained will have to be recognized by the competent authority of the country where enforcement is sought (known as requested country). Obtaining recognition of a foreign ruling in the Middle East and North Africa is considerably challenging. Despite some progress having been made over the last decade, local courts are still rather reserved towards foreign …

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Inherently Unneutral Investment Treaty Arbitration: The Formation Of Decisive Arguments In Jurisdictional Determinations, Relja Radovic Jan 2018

Inherently Unneutral Investment Treaty Arbitration: The Formation Of Decisive Arguments In Jurisdictional Determinations, Relja Radovic

Journal of Dispute Resolution

The legitimacy crisis of investment treaty arbitration is much discussed, often challenging the neutrality of that system as a whole. Besides concentrating on the direction in which cases are being decided, or in which the law is being interpreted, the neutrality of investment treaty arbitration as a system can also be discussed from the perspective of its foundations. This article looks at the arbitral use of the two basic ideals of investment treaty arbitration, namely the legalistic and teleological notions, in the formation of decisive arguments, in the particular context of jurisdictional decisions. It examines to what extent the two …

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Mediating Farm Nuisance: Comparing New Jersey, Missouri, And Iowa Right To Farm Laws And How They Utilize Mediation Techniques, Gina Moroni Jan 2018

Mediating Farm Nuisance: Comparing New Jersey, Missouri, And Iowa Right To Farm Laws And How They Utilize Mediation Techniques, Gina Moroni

Journal of Dispute Resolution

Is it a right to farm, or a right to be a bad neighbor? The ability to sue a neighbor who farms claiming nuisance is largely dependent on each state’s right to farm law. Just because there is a nuisance claim that can be filed in court does not necessarily mean the complaint should be heard in court. Instead, mediation can be a low cost, confidential, and even binding alternative which helps parties resolve their disputes in creative ways. Section II of this Comment examines what right to farm laws do, the agricultural dynamics that led to the creation of …

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