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Articles 1 - 15 of 15
Full-Text Articles in International Law
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
On March 23, President Trump signed the CLOUD Act, 1 thereby mooting one of the most closely watched Supreme Court cases this term: the Microsoft Ireland case. 2 This essay examines these extraordinary and fast-moving developments, explaining how the Act resolves the Supreme Court case and addresses the complicated questions of jurisdiction over data in the cloud. The developments represent a classic case of international lawmaking via domestic regulation, as mediated by major multinational corporations that manage so much of the world's data.
Law Enforcement Access To Data Across Borders: The Evolving Security And Rights Issues, Jennifer Daskal
Law Enforcement Access To Data Across Borders: The Evolving Security And Rights Issues, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Foreign Investments And The Market For Law, Susan Franck
Foreign Investments And The Market For Law, Susan Franck
Articles in Law Reviews & Other Academic Journals
In this Article, Professors O'Hara O'Connor and Franck adapt and extend Larry Ribstein's positive framework for analyzing the role of jurisdictional competition in the law market. Specifically, the authors provide an institutional framework focused on interest group representation that can be used to balance the tensions underlying foreign investment law, including the desire to compete to attract investments and countervailing preferences to retain domestic policy-making discretion. The framework has implications for the respective roles of BITs and investment contracts as well as the inclusion and interpretation of various foreign investment provisions.
Significance Of The Fujimori Trial, Juan E. Mendez
Significance Of The Fujimori Trial, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Catching Up With The Past: Recent Decisions Of The Inter-American Court Of Human Rights Addressing Gross Human Rights Violations Perpetrated During The 1970-1980s, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Role Of International Arbitrators, Susan Franck
The Role Of International Arbitrators, Susan Franck
Articles in Law Reviews & Other Academic Journals
With the advent of the global economy, arbitration has become the preferred mechanism for resolving international disputes. Today international arbitrators resolve billions of dollars worth of disputes.' Arbitration has taken on such prominence in the international context that commentators express "little doubt that arbitration is now the first-choice method of binding dispute resolution" and has "largely taken over litigation."'
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher
Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher
Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Reconciling Amnesties With Universal Jurisdiction - A Reply To Mr. Phenyo Keiseng Rakate, Juan E. Mendez, Garth Meintjes
Reconciling Amnesties With Universal Jurisdiction - A Reply To Mr. Phenyo Keiseng Rakate, Juan E. Mendez, Garth Meintjes
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Reconciling Amnesties With Universal Jurisdiction, Juan E. Mendez, Garth Meintjes
Reconciling Amnesties With Universal Jurisdiction, Juan E. Mendez, Garth Meintjes
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Settlement Of Investment Disputes Between States And Private Parties - An Overview From The Perspective Of The Icc, Horacio A. Grigera Naón
The Settlement Of Investment Disputes Between States And Private Parties - An Overview From The Perspective Of The Icc, Horacio A. Grigera Naón
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Politics By Other Means: The Law Of The International Criminal Court, Diane Orentlicher
Politics By Other Means: The Law Of The International Criminal Court, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson
Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
This Essay focuses on four areas of international human rights law. The first area, the protection of attorneys’ fees from forfeiture, is an issue of great concern in the United States, given the state of the law there. The next area, the application of the death penalty in international law, will also include arguments about the “death row phenomenon.” The third area addressed is the use of international human rights law to overcome the rule of non-inquiry in extradition matters, a rule by which the judicial authority reviewing the propriety of extradition is barred from inquiry into the fairness of …
Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson
Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
No abstract provided.