International Law Commons^™

Business & Human Rights: Optimism And Concern From The U.S. Perspective, Christiana Ochoa

Articles by Maurer Faculty

Forty-five years passed between the release of the first major United Nations report referencing the need to regulate transnational corporations and the release of the Zero Draft. Those years were accompanied by vibrant scholarly work and debate, as well as a significant jurisprudence, corporate engagement, and civil society discourse and activism that, cumulatively, has resulted in a much better understanding of how the once very distinct ideas of “business” and “human rights” are now merged by an ampersand. The field of business & human rights signifies the introduction of polycentric governance and law that binds businesses, sometimes softly and sometimes …

Terra Firma As Open Seas: Interpreting Kiobel In The Failed State Context, Drew F. Waldbeser

Indiana Law Journal

This Note will ultimately argue that, despite the expansive language in Kiobel, the Court’s reasoning does not necessarily foreclose all “foreign-cubed” claims. Suits alleging human rights violations originating from conduct that took place in failed states avoid the concerns the Court emphasized in Kiobel. The Court should allow jurisdiction for human rights offenses in failed states, despite their “foreign-cubed” nature, because the already existing rationale for allowing jurisdiction for international piracy offenses is highly analogous.

Part I of this Note explores the ATS jurisprudence leading up to and including Kiobel. Besides exploring the tensions and policy interests courts are grappling …

Absolute Conflicts Of Law, Anthony J. Colangelo

Indiana Law Journal

This Article coins the term “absolute conflicts of law” to describe situations of overlapping laws from different states that contain simultaneous contradictory commands. It argues that absolute conflicts are a unique legal phenomenon in need of a unique doctrine. The Article extensively explores what absolute conflicts are; how they qualitatively differ from other doctrines like true conflicts of law, act of state, and comity; and classifies absolute conflicts’ myriad doctrinal manifestations through a taxonomy that categorizes absolute conflicts as procedural, substantive, mixed, horizontal, and vertical.

The Article then proposes solutions to absolute conflicts that center on the rule of law …

To Whom It May Concern: International Human Rights Law And Global Public Goods, Daniel Augenstein

Indiana Journal of Global Legal Studies

Public goods and human rights are sometimes treated as intimately related, if not interchangeable, strategies to address matters of common global concern. The aim of the present contribution is to disentangle the two notions to shed some critical light on their respective potential to attend to contemporary problems of globalization. I distinguish the standard economic approach to public goods as a supposedly value-neutral technique to coordinate economic activity between states and markets from a political conception of human rights law that empowers individuals to partake in the definition of the public good. On this basis, I contend that framing global …

Agora: Reflections On Rjr Nabisco V. European Community: The Scope And Limitations Of The Presumption Against Extraterritoriality, Hannah Buxbaum

Articles by Maurer Faculty

No abstract provided.

Visible Formalizations And Formally Invisible Facticities, Saskia Sassen

Indiana Journal of Global Legal Studies

This essay focuses on a range of formal and informal practices that I hypothesize as the making of new types of jurisdictions with variable relations to the traditional jurisdiction of the state over its territory. One effect is to contribute to an emergent misalignment between territory and territoriality. A second effect is to make structural holes in the tissue of national state sovereign territory. Both processes contribute new types of borderings inside national territory. The action is not on interstate borders, but in the interior of the state, which can mean an extension of one state into another's territorial jurisdiction …

Misplaced Boldness: The Avoidance Of Substance In The International Court Of Justice's Kosovo Opinion, Timothy W. Waters

Articles by Maurer Faculty

The International Court of Justice's Kosovo Advisory Opinion is a masterpiece of avoidance. The Court has lived to run another day, and one can only admire the judges' skill in arriving at the vacant place between difficult and clashing conclusions of substance. Still, in the wake of the Opinion, questions inevitably arise: Of what use is this document? Has it advanced a project of justice, or of law? The Opinion has done something, though not, perhaps, what it purports to do. To understand it, we must engage this cautious, crimped document in its full context-or rather, we must understand the …

How Nations Share, Allison Christians

Indiana Law Journal

Every nation has an interest in sharing the gains they help create by participating in globalization. Citizens should be very interested in discovering how well their governments fare in claiming an adequate share of this international income stream, since a government that cannot or will not exert its taxing jurisdiction internationally is potentially missing out on a very large and very productive source of revenue. Yet it is all but impossible for citizens to observe exactly how, or how well, their governments navigate this aspect of economic globalization. The vast majority of international tax law plays out in practice through …

National Jurisdiction And Global Business Networks (Earl A. Snyder Lecture In International Law), Hannah Buxbaum

Indiana Journal of Global Legal Studies

Earl A. Snyder Lecture in International Law, November 1, 2007, Lauterpacht Centre for International Research, University of Cambridge.

Constitutionalism, Legal Pluralism, And International Regimes, Alec Stone Sweet

Indiana Journal of Global Legal Studies

The international legal order, although pluralist in structure, is in the process of being constitutionalized. This article supports this claim in several different ways. In the Part L I argue that most accepted understandings of "constitution" would readily apply to at least some international regimes. In Part II,I discuss different notions of "constitutional pluralism," and demonstrate that legal pluralism is not necessarily antithetical to constitutionalism. In fact, one finds a great deal of constitutional pluralism within national legal orders in Europe. Part III puts forward an argument that the European Court of Justice, the European Court of Human Rights, and …

Jurisdictional Conflict In Global Antitrust Enforcement, Hannah Buxbaum

Articles by Maurer Faculty

No abstract provided.

Prescriptive Jurisdiction Over Internet Activity: The Need To Define And Establish The Boundaries Of Cyberliberty, Samuel F. Miller

Indiana Journal of Global Legal Studies

No abstract provided.

Cyberspace, Sovereignty, Jurisdiction, And Modernism, Joel Trachtman

Indiana Journal of Global Legal Studies

No abstract provided.

The Turkish Aid Ban: Review And Assessment, A. A. Fatouros

Articles by Maurer Faculty

In this article, A.A. Fatouros places the U.S. aid-embargo to Turkey in the context of jurisdiction (executive vs. legislative powers) rather than in the context of ideological differences between the two camps. If, as the writer claims, the final concessions to the executive branch by Congress had been predictable, could we conclude that the executive branch is on the road to recovery? And if that is the case, is the Congressional ratification of the recent agreement between Kissinger and Turkey a foregone conclusion? There is of course such a possibility. To avert it, the opponents of the aid and the …

What Constitutes Doing Business By A Foreign Corporation, William J. Kinnally

Indiana Law Journal

No abstract provided.

Service Of Process On Foreign Corporations Not Admitted To Do Business In The State

Indiana Law Journal

Legislative Comment