International Law Commons^™

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Where Are We Today In The International Fight Against Overseas Corruption: An Historical Perspective, And Two Problems Going Forward, Frederick T. Davis

ILSA Journal of International & Comparative Law

The goal of my comments is to take a step back and begin with an historical perspective on the collective, international effort to fight corruption, and then to suggest two problems that effort faces today.

Emerging International Trends And Practices In Guardianship Law For People With Disabilities, Robert Doinerstein, Esme Grant Grewal, Jonathan Martinis

ILSA Journal of International & Comparative Law

The concept of adult guardianship has existed for hundreds of centuries in the intenational sphere and dates back to ancient Greek and Roman times and English common law.

Towards An Internet Bill Of Rights, Giovanna De Minico

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Trading With Foreigners: An Interdisciplinary Analysis Of China's Core Interests In Trade And Foreign Policy, Phoenix X.F. Cai

Akron Law Review

This article takes an interdisciplinary approach by drawing on political science, international relations, and legal global governance literatures to explain how China’s foreign policy impacts and guides its trade policy, which is manifested in the three core interests. The article makes the case that the core interest analysis holds promising explicative, predictive, persuasive, and coalition-building value in the arenas of global trade policy and dispute settlement. This article proceeds in five main parts. Part II traces the contours of China’s three core interests in action, both in the domestic and international spheres. While not purporting to be exhaustive, it takes …

International Law Weekend 2013 Keynote Address: The Advocate In The Transnational Justice System, Donald F. Donovan

ILSA Journal of International & Comparative Law

I am very grateful for the opportunity to address this audience at International Law Weekend 2013.

Putting The Cisg Where It Belongs: In The Uniform Commercial Code, Kina Grbic

Touro Law Review

No abstract provided.

The Business Exemption Of § 110(5) Of The Copyright Act Violates International Treaty Obligations Under Trips: Will Congress Honor Its Commitments?, Charles Leininger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

American Parent Bank Liability For Foreign Branch Deposits: Which Party Bears Sovereign Risk?, Adam Telanoff

Pepperdine Law Review

No abstract provided.

China In Africa And The Law, Salvatore Mancuso

Annual Survey of International & Comparative Law

This paper is based on the enormous amount of Chinese investments in Africa, with the objective of considering the legal aspects involved therein. Under international business law, commercial relations are usually ruled according to the law of the country hosting the investment.

This paper will examine the challenges presented by Chinese investments in Africa given that the systems of business law in Africa are generally out of date and enforcement mechanisms under Western rule of law standards are often far from the reality. This observation is accompanied by the fact that there is presently a wide movement towards legal integration …

Regulatory Conflicts: International Tender And Exchange Offers In The 1990s, John C. Maguire

Pepperdine Law Review

No abstract provided.

East Meets West: An International Dialogue On Mediation And Med-Arb In The United States And China, Thomas J. Stipanowich, Jung Yang, Jay Welsh, Chen Qiming, Peter Robinson, Tan Jinghui, Chen Guang, Jeff Kichaven, Denise Madigan, Wang Hongsong, Zhang Jianhua

Pepperdine Dispute Resolution Law Journal

This Second Beijing Arbitration Commission (BAC)/Straus Institute for Dispute Resolution International Videoconference, following up on last year's successful inaugural program, will provide different perspectives on the current BAC initiative and evolving attitudes toward mediation and med-arb. Topics include: (1) the development and current state of business mediation in the U.S.; (2) the challenges and opportunities confronting China in developing stand-alone business mediation; (3) reflections on the skills necessary for mediators; (4) common pitfalls in mediation; (5) perspectives on med-arb (as opposed to stand-alone mediation); and (6) how to most effectively use mediation in conjunction with arbitration procedures.

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

Pepperdine Law Review

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 …

Private Equity Investment In The Brics, Andreas Woeller

Fordham Journal of Corporate & Financial Law

This Article investigates the legal and economic environment for private equity investments in Brazil, Russia, India and China (“BRIC”). In contrast with disappointing returns in the 1990s, private equity investment has soared in developing countries over the past decade. To explain what has led to the recent success of private equity in the BRICs, this Article will first give an overview of the challenges faced generally when investing in portfolio companies in developing markets and then analyze the legal and economic framework for each of the four BRICs. This Article finds that Brazil and China offer the best opportunities for …

The Wti Incinerator: The Rcra Citizen Suit And The Emergence Of Environmental Human Rights, Hallie L. Shipley

Global Business Law Review

The WTI Incinerator currently operates in East Liverpool, Ohio, burning toxic waste despite a district court ruling that held it posed an imminent and substantial risk to both human health and the environment. Unfortunately for the Ohio plaintiffs, the Circuit Court of Appeals in this case misinterpreted the RCRA (Resource Conservation and Recovery Act) Citizen suit provision, barring any remedy for the Ohio citizens who brought the suit. This flawed interpretation has been adopted nationwide by other Appellate Circuit Courts. This article compares the remedies available to U.S. citizens for environmental harms with those remedies available to the citizens under …

An Issue Of Invocability Of Provisions Of The Wto Covered Agreements Before Domestic Courts, Ramesh Karky

Annual Survey of International & Comparative Law

This paper examines and covers relevant provisions of the Uruguay Round Agreements and laws of Nepal, provides arguments favoring and opposing invocability and non-invocability, analyzes the constitutionality and validity of Nepal’s accession to the WTO, the direct applicability of the Uruguay Round Agreements in Nepal’s internal law, and the invocability of the provisions of the Uruguay Round Agreements before the courts of Nepal, and finally draws conclusion on the issue.

Home State, Cross-Border Custody, And Habitual Residence Jurisdiction: Time For A Temporal Standard In International Family Law, Todd Heine

Annual Survey of International & Comparative Law

This article addresses three jurisdictional standards that arise in every cross-border child custody dispute between European Union Member States and the United States: home state, cross-border, and habitual residence jurisdiction. These jurisdictional standards face uncertainty in many cases.

First, this article provides a history of family law jurisdiction in the United States and thoroughly reviews home state jurisdiction in United States domestic law. While domestic family lawyers know this standard, the standard’s rigidity and fragmented application among the states baffle many foreign family lawyers.

Second, this article offers an overview of the remarkable emergence of family law in European Union …

International Court Of Justice, The Republic Of Adova, The State Of Rotania

ILSA Journal of International & Comparative Law

Pursuant to the Joint Notification and Compromis concluded on 28 September 2007, including the Corrections and Clarifications agreed to therein, at Chicago, Illinois, United States of America between the Republic of Adova and the State of Rotania (collectively "the Parties"), and in accordance with Article 40(1) of the Statute of the International Court of Justice, the Parties hereby submit to this Court its dispute concerning certain criminal proceedings in Adova and Rotania.

Taxation As A Global Socio-Legal Phenomenon, Allison Christians, Steven Dean, Diane Ring, Adam H. Rosenzweig

ILSA Journal of International & Comparative Law

This essay makes a proposal that may not be controversial among those with a particular interest in international law, but may be less accepted among those primarily interested in tax law: that international social and institutional structures shape, and are shaped by, historical and contemporary domestic policy decisions.

A Primer On International Environmental Law: Sustainability As A Principle Of International Law And Custom, Mark S. Blodgett, Richard J. Hunter, Hector R. Lozada

ILSA Journal of International & Comparative Law

International environmental law draws from two important sources: international treaties and conventions' and customary international law.

International Court Of Justice, The Republic Of Adova, The State Of Rotania

ILSA Journal of International & Comparative Law

The Republic of Adova ("Adova") and State of Rotania ("Rotania") have submitted by Special Agreement their differences concerning certain criminal proceedings in Adova and Rotania, and transmitted a copy thereof to the Registrar of the International Court of Justice ("I.C.J.") pursuant to article 40(1) of the Statute of the I.C.J. ("Statute")

On The Uneasy Relation Between International Law And Democracy, Carol C. Gould

ILSA Journal of International & Comparative Law

The question we are asked to address is as follows: "Is international law a threat to democracy?" As a political philosopher, my inclination is to suggest that the answer requires clarifying at the outset the sense in which we are using each of the main terms here.

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

I joined Christie's a little over a year ago as Director of Restitution, coordinating Christie's restitution issues globally.

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

Globalization has changed the way global society addresses common and global problems. While there is much talk about aiming at sustainable development, there are no real clear definitions of sustainable development and the term remains susceptible to much misuse.

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

Bilateral investment treaties typically require the host state to ensure "fair and equitable" treatment to the investors of the other state.

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

"While academic debates about the possibility of objective truth and falsehood are often rarified to the point of absurdity, Rwanda demonstrated that the question is a matter of life and death."'

Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law

ILSA Journal of International & Comparative Law

One of the more common criticisms of modem globalization is that this trend is leading to "higher inequality within countries."

Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law

ILSA Journal of International & Comparative Law

In discussing the justice processes used in Indonesia and East Timor to hold individuals accountable for serious violations of international law com- mitted in East Timor, it is important to emphasize that the problems are rooted in politics not the rule of law.

United States And Africa On Fgm: Cultural Comparatives, Resolutions, And Rights, Julie R. Hess

ILSA Journal of International & Comparative Law

When I began researching female genital mutilation (hereinafter "FGM"), I was adamant about change for those who are forced to submit to FGM, those who allow the practice to be performed on themselves or, afortiori, to perform it themselves on their own children and other family members.

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

In Ocho Rios, on July 23-24, 2004, the American and Caribbean Law Initiative ("ACLI")' held a conference entitled "Caribbean Market Forces: Emerging Trends in International and Comparative Law."