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Tribunal

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Full-Text Articles in Law

An International Tribunal For The Use Of Nuclear Weapons, Anthony J, Colangelo, Peter Hayes Jan 2019

An International Tribunal For The Use Of Nuclear Weapons, Anthony J, Colangelo, Peter Hayes

Faculty Scholarship

Although offenses against international law have been proscribed at a certain level of generality, nobody hitherto has examined closely the scientific and ecological damages that would be imposed by nuclear strikes in relation to resulting possible law-ofwar violations. To correct that information deficit and institutional shortfall, the first Part of this Article constructs a hortatory proposal for a tribunal for the use of nuclear weapons under international law. The second Part of the Article shows how such a tribunal statute would have a real-world effect on those charged with launching nuclear strikes and determining the legality of the strike orders ...


Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh Jun 2018

Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh

Robert B. Ahdieh

Recent years have seen dramatic growth in the number of international tribunals at work across the globe, from the Appellate Body of the World Trade Organization and the International Tribunal for the Law of the Sea, to the Claims Resolution Tribunal for Dormant Claims in Switzerland and the International Criminal Court. With this development has come both increased opportunity for interaction between national and international courts and increased occasion for conflict. Such friction was evident in the recent decision in Loewen Group, Inc. v. United States, in which an arbitral panel constituted under the North American Free Trade Agreement found ...


Manifest Disregard In International Commercial Arbitration: Whether Manifest Disregard Holds, However Good, Bad, Or Ugly, Chad R. Yates Jun 2018

Manifest Disregard In International Commercial Arbitration: Whether Manifest Disregard Holds, However Good, Bad, Or Ugly, Chad R. Yates

University of Massachusetts Law Review

Manifest disregard is a common law reason for not enforcing an arbitration award. This principle applies when the arbitrator knew and understood the law, but the arbitrator disregarded the applicable law. Presently, the United States Supreme Court has not made a definite decision on whether manifest disregard is still a valid reason for vacating the award (known as “vacatur”), and the Court is highly deferential to arbitrator decisions. Consequently, the lower courts are split on the issue. For international commercial arbitration awards, manifest disregard can only apply to a foreign award that is decided under United States law or in ...


Never Again: Questioning The Yugoslav And Rwanda Tribunals, Makau Mutua Nov 2017

Never Again: Questioning The Yugoslav And Rwanda Tribunals, Makau Mutua

Makau Mutua

Fifty years after Nuremberg, the international community has again decided to experiment with international war crimes tribunals. The stated purpose for the establishment of both the Yugoslav and Rwanda Tribunals by the United Nations are to “put an end” to serious crimes such as genocide and to “take effective measures to bring to justice the persons who are responsible for them.” This piece argues that both assumptions are unrealistic and that such tribunals will have little or no effect on human rights violations of such enormous barbarity. In addition, this piece questions the motivations behind the formulation of the tribunals ...


Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, Roger P. Alford Aug 2016

Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, Roger P. Alford

Roger P. Alford

With the new wave of claims against corporations for human rights violations – particularly in the context of aiding and abetting government abuse – there are unusually difficult problems of joint tortfeasor liability. In many circumstances, one tortfeasor – the corporation – is a deep-pocketed defendant, easily subject to suit, but only marginally involved in the unlawful conduct. Another tortfeasor – the sovereign – is a central player in the unlawful conduct, but, with limited exceptions, is immune from suit under the Foreign Sovereign Immunities Act. A third tortfeasor – the low-level security personnel – accused of actually committing the atrocity, is beyond the jurisdictional reach of the ...


Transparency In International Commercial Arbitration, Catherine A. Rogers Apr 2016

Transparency In International Commercial Arbitration, Catherine A. Rogers

Catherine Rogers

Scholars have long been making the case for expanding transparency in the international commercial arbitration system, but recently these proposals have taken on a greater sense of urgency and an apparent willingness to forcibly impose transparency reforms on unwilling parties. These new transparency advocates exhort the general public's stakehold in many issues being arbitrated, which they contend necessitates transparency reforms, including compulsory publication of international commercial arbitration awards. In this symposium essay, I begin by developing a definition of transparency in the adjucatory setting, and conceptually distinguishing from other concepts, like "public access" and "disclosure," which are often improperly ...


Gateway-Schmateway: An Exchange Between George Bermann And Alan Rau, George Bermann, Alan Scott Rau Apr 2016

Gateway-Schmateway: An Exchange Between George Bermann And Alan Rau, George Bermann, Alan Scott Rau

Pepperdine Law Review

No abstract provided.


Introduction: International Arbitration And The Courts, Donald Earl Childress Iii, Jack J. Coe Jr., Lacey L. Estudillo Apr 2016

Introduction: International Arbitration And The Courts, Donald Earl Childress Iii, Jack J. Coe Jr., Lacey L. Estudillo

Pepperdine Law Review

What role do national courts play in international arbitration? Is international arbitration an “autonomous dispute resolution process, governed primarily by non-national rules and accepted international commercial rules and practices” where the influence of national courts is merely secondary? Or, in light of the fact that “international arbitration always operates in the shadow of national courts,” is it not more accurate to say that national courts and international arbitration act in partnership? On April 17, 2015, the Pepperdine Law Review convened a group of distinguished authorities from international practice and academia to discuss these and other related issues for a symposium ...


A No-Tribunal Sdrm And The Means Of Binding Creditors To The Terms Of A Restructuring Plan, Charles W. Mooney Jr. Jan 2016

A No-Tribunal Sdrm And The Means Of Binding Creditors To The Terms Of A Restructuring Plan, Charles W. Mooney Jr.

Faculty Scholarship at Penn Law

The paper addresses two discrete but related and essential attributes of a sovereign debt restructuring mechanism (SDRM). It first considers the merits and feasibility of an SDRM that would provide a procedure for proposing and adopting a restructuring plan for a sovereign debtor’s debt which would not involve any tribunal or administrator (a No-Tribunal SDRM). The No-Tribunal SDRM would undertake the restructuring as if the sovereign debtor and its creditors were subject to the Model CAC regime. In addition to embodying a novel and interesting structure for an SDRM—and one that eliminates the difficult hurdle of identifying a ...


The Court Of Appeals Of Virginia Celebrates Thirty Years Of Service To The Commonwealth, Hon. Stephen R. Mccullough, Hon. Marla Graff Decker Nov 2015

The Court Of Appeals Of Virginia Celebrates Thirty Years Of Service To The Commonwealth, Hon. Stephen R. Mccullough, Hon. Marla Graff Decker

University of Richmond Law Review

No abstract provided.


Is International Arbitration Universal?, Halil Rahman Basaran Jan 2015

Is International Arbitration Universal?, Halil Rahman Basaran

ILSA Journal of International & Comparative Law

Due to diversity in parties to (e.g., states, international organizations, corporations and indivduals) and subjects of (e.g., state responsibility, investment, commercial transaction, violation of the international commercial contract) international arbitration, it would seem cogent to argue that international arbitration is comprised of many types.


El Arbitraje Internacional Es Universal?, Halil Rahman Basaran Jan 2015

El Arbitraje Internacional Es Universal?, Halil Rahman Basaran

ILSA Journal of International & Comparative Law

Debido a la deversidad de las partes (estados, organizaciones internacionales, corporaciones e indivduales) y sujetos (responsabilidad del estado, inversiones, transacciones comercials, violaciones del contracto comercial internacional) el arbitraje internacional, seria adecuado argumentar que el arbitraje internacional incluye muchos tipos.


A Military Justice Solution In Search Of A Problem: A Response To Vladeck, Geoffrey S. Corn, Chris Jenks Jan 2015

A Military Justice Solution In Search Of A Problem: A Response To Vladeck, Geoffrey S. Corn, Chris Jenks

Faculty Scholarship

In “Military Courts and Article III,” law professor Steve Vladeck proposes a wholesale replacement of the foundation upon which court-martial jurisdiction has stood since the inception of the United States. In an effort to provide a unifying theory grounded in international law, Professor Vladeck fails to properly distinguish the jurisdiction established by Congress to regulate the armed forces from the jurisdiction established to punish violations of the laws of war. This conflation yields confusion about military jurisdiction which ripples throughout the theory. Our response, which centers on courts-martial, argues that Professor Vladeck has offered a solution in search of a ...


Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger May 2014

Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger

Touro Law Review

No abstract provided.


The Problem Of Risk In International Criminal Law, Mark A. Summers Jan 2014

The Problem Of Risk In International Criminal Law, Mark A. Summers

Washington University Global Studies Law Review

There is a lack of clarity in international criminal law regarding the standard that should be applied in attributing liability for risky conduct. An approach that is too lax can result in overly expansive liability that exceeds culpability. An approach that is too restrictive can produce impunity for conduct that is worthy of punishment. This Article will explore the causes of this lack of clarity beginning with the Tadić case and the post-Tadić decisions of the ICTY. Then it will analyze the nascent case law of the ICC to see how the Court has dealt with this problem so ...


The Lack Of Special And General Uzanses A Weakness For The Normal And Reliable Function Of Kosova Permanent Tribunal Of Arbitration, Armend Krasniqi Nov 2013

The Lack Of Special And General Uzanses A Weakness For The Normal And Reliable Function Of Kosova Permanent Tribunal Of Arbitration, Armend Krasniqi

UBT International Conference

Business relations of economic entities operating in Kosovo have begun to be regulated similarly to those of modern countries, in accordance with the spirit of globalization. In this segment the local institutions recently succeeded in completing the primary legislation and partially the secondary one. Within this activity has been done also the reforming of judicial system, have been redefined the competencies of judicial authorities for disputes in the field of economy and above all within the Chamber of Commerce is established the Permanent Tribunal of Arbitration as a specialized agency for solving disputes of contractual business relations. With all these ...


Schisms In Humanitarianism: The Khmer Rouge Tribunal's First Hearing, Mahdev Mohan Jul 2013

Schisms In Humanitarianism: The Khmer Rouge Tribunal's First Hearing, Mahdev Mohan

Mahdev MOHAN

Mass atrocity invokes humanitarian impulses in all of us. But when a genocidaire casts himself as a victim, the right response is less straightforward. This article analyzes a recent hearing of one of Cambodia's most feared Khmer Rouge cadres who stands trial before a newly established hybrid tribunal and suggests the consequences of responding to war crime trials with polemics rather than principle.


Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky May 2013

Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky

Peter Zablotsky

Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.


Due Process In American Military Tribunals After September 11, 2001, Gary Shaw May 2013

Due Process In American Military Tribunals After September 11, 2001, Gary Shaw

Gary M. Shaw

The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"


Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron May 2013

Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron

Rodger Citron

This piece provides the introduction for the Dreyfus affair. It gives a brief overview of the actual Dreyfus affair and outlines the articles in this volume.


The Military Trial At Rennes: Text And Subtext Of The Dreyfus Affair, Vivian G. Curran May 2013

The Military Trial At Rennes: Text And Subtext Of The Dreyfus Affair, Vivian G. Curran

Touro Law Review

Discusses the Dreyfus affair and how the outside world viewed France's conduct. This article provides insight into how the trial was conducted and the evidence that was offered.


Establishment Of A Special Anti-Piracy Tribunal: Prospective And Reality, Sandra L. Hodgkinson Jan 2013

Establishment Of A Special Anti-Piracy Tribunal: Prospective And Reality, Sandra L. Hodgkinson

ILSA Journal of International & Comparative Law

During the past several years, piracy off of the coast of Somalia increased, despite efforts of the international community to support piracy prosecutions in national and international courts.


Advisory Opinion On Responsibilty And Liability For International Seabed Mining (Itlos Case No. 17) And The Future Of Ngo Participation In The International Legal Process, Anna Dolidze Jan 2013

Advisory Opinion On Responsibilty And Liability For International Seabed Mining (Itlos Case No. 17) And The Future Of Ngo Participation In The International Legal Process, Anna Dolidze

ILSA Journal of International & Comparative Law

On February 1, 2011, the Seabed Disputes Chamber of the International Tribunal on the Law of the Sea (ITLOS) issued an advisory opinion in Case No. 17, Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area (Case No. 17).


Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron Jan 2013

Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron

Touro Law Review

This piece provides the introduction for the Dreyfus affair. It gives a brief overview of the actual Dreyfus affair and outlines the articles in this volume.


Litigating Religion, Michael A. Helfand Dec 2012

Litigating Religion, Michael A. Helfand

Michael A Helfand

This article considers how parties should resolve disputes that turn on religious doctrine and practice – that is, how people should litigate religion. Under current constitutional doctrine, litigating religion is generally the task of two types of religious institutions: first, religious arbitration tribunals, whose decisions are protected by arbitration doctrine, and religious courts, whose decision are protected by the religion clauses. Such institutions have been thrust into playing this role largely because the religion clauses are currently understood to prohibit courts from resolving religious questions – that is, the “religious question” doctrine is currently understood to prohibit courts from litigating religion.

Considering ...


Due Process In American Military Tribunals After September 11, 2001, Gary Shaw Jan 2012

Due Process In American Military Tribunals After September 11, 2001, Gary Shaw

Touro Law Review

The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"


Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky Jan 2012

Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky

Touro Law Review

Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.


Prompt Release Procedures And The Challenge For Fisheries Law Enforcement: The Judgement Of The International Tribunal For The Law Of The Sea In The 'Volga' Case (Russian Federation V Australia), Warwick Gullett Nov 2011

Prompt Release Procedures And The Challenge For Fisheries Law Enforcement: The Judgement Of The International Tribunal For The Law Of The Sea In The 'Volga' Case (Russian Federation V Australia), Warwick Gullett

Warwick Gullett

On 23 December 2002, the International Tribunal for the Law of the Sea ('ITLOS') ordered the prompt release of the Russian 1ongline fishing vessel Volga, at the time detained by Australian authorities in Fremantle, upon the posting of a bond or other security of A$l 920 000. The Volga was arrested for allegedly fishing without authorisation by a boarding party from the Royal Australian Navy frigate HMAS Canberra in the Australian Exclusive Economic Zone ('EEZ') surrounding Heard and McDonald Islands in the Southern Ocean on 7 Februarv 2002. At issue in the ITLOS proceedings was not whether the activities ...


Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, Roger P. Alford Jan 2011

Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, Roger P. Alford

Journal Articles

With the new wave of claims against corporations for human rights violations – particularly in the context of aiding and abetting government abuse – there are unusually difficult problems of joint tortfeasor liability. In many circumstances, one tortfeasor – the corporation – is a deep-pocketed defendant, easily subject to suit, but only marginally involved in the unlawful conduct. Another tortfeasor – the sovereign – is a central player in the unlawful conduct, but, with limited exceptions, is immune from suit under the Foreign Sovereign Immunities Act. A third tortfeasor – the low-level security personnel – accused of actually committing the atrocity, is beyond the jurisdictional reach of the ...


Counterfeit Conspiracy: The Misapplication Of Conspiracy As A Substantive Crime In International Law, Taylor Reeves Dalton Jan 2010

Counterfeit Conspiracy: The Misapplication Of Conspiracy As A Substantive Crime In International Law, Taylor Reeves Dalton

ILSA Journal of International & Comparative Law

In the International Criminal Tribunal for Rwanda (ICTR) case Prosecutor v. Musema, the trial chamber held that an individual could be found guilty solely for the crime of conspiracy to commit genocide even if no genocide takes place.