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Articles 1 - 30 of 42
Full-Text Articles in International Trade Law
Investors As International Law Intermediaries: Using Shareholder Proposals To Enforce Human Rights, Kishanthi Parella
Investors As International Law Intermediaries: Using Shareholder Proposals To Enforce Human Rights, Kishanthi Parella
Scholarly Articles
One of the biggest challenges with international law remains its enforcement. This challenge grows when it comes to enforcing international law norms against corporations and other business organizations. The United Nations Guiding Principles recognizes the “corporate responsibility to respect human rights,” which includes human rights due diligence practices that are adequate for “assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses, and communicating how impacts are addressed.” Unfortunately, many corporations around the world are failing to implement adequate human rights due diligence practices in their supply chains. This inattention leads to significant harms for …
Compliance As An Exchange Of Legitimacy For Influence, In The Oxford Handbook Of Global Legal Pluralism (Paul Schiff Berman Ed., 2020), Kishanthi Parella
Compliance As An Exchange Of Legitimacy For Influence, In The Oxford Handbook Of Global Legal Pluralism (Paul Schiff Berman Ed., 2020), Kishanthi Parella
Books and Chapters
This chapter explains that business actors comply with legally nonbinding institutions because of an exchange between legitimacy and influence. Specifically, the information effects produced by both binding and nonbinding institutions can cause reputational damage to a company. To regain its legitimacy, that company associates itself with a more reputable organization than itself, regaining legitimacy through that association. However, that association often comes at a price. In exchange for conferring legitimacy, the external organization will promote its own institutions for the company’s adoption. Companies therefore adopt these institutions in order to credibly signal the quality of their association with the external …
Improving Human Rights Compliance In Supply Chains, Kishanthi Parella
Improving Human Rights Compliance In Supply Chains, Kishanthi Parella
Scholarly Articles
Corporations try to convince us that they are good global citizens: “brands take stands” by engaging in cause philanthropy; CEOs of prominent corporations tackle a variety of issues; and social values drive marketing strategies for goods and services. But despite this rhetoric, corporations regularly fall short in their conduct. This is especially true in supply chains where a number of human rights abuses frequently occur. One solution is for corporations to engage in meaningful human rights due diligence that involves monitoring human rights, reporting on social and environmental performance, undertaking impact assessments, and consulting with groups whose human rights they …
The Stewardship Of Trust In The Global Value Chain, Kishanthi Parella
The Stewardship Of Trust In The Global Value Chain, Kishanthi Parella
Scholarly Articles
Global governance has not yet caught up with the globalization of business. As a result, our headlines provide daily accounts of the extent and consequences of these "governance gaps." The ability of corporations to evade state control also contributes to an unusual, even frightening, phenomenon: corporations are governing like states. Some governance functions traditionally delivered by state actors are now increasingly undertaken by transnational corporations. One area that is experiencing this substitution is dispute resolution of human rights. Corporations and other business enterprises, individually or collectively, are creating a variety of grievance mechanisms to address human rights and other conflicts …
Reforming The Global Value Chain Through Transnational Private Regulation, Kishanthi Parella
Reforming The Global Value Chain Through Transnational Private Regulation, Kishanthi Parella
Scholarly Articles
In many industries, corporations have changed the organization of their production from a vertically integrated model to a model that is often characterized by outsourcing-shifting business activities to external parties -and offshoring, where production occurs at sites overseas. The global value chain (GVC) for an American corporation often involves several tiers of suppliers. One end of the GVC is often occupied by a multinational buyer (MNB), such as a large brand name corporation. At the opposite end of the value chain are the factories, farms, and other production sites that supply multinational corporations with their goods. This organization of production …
Apologies In The Marketplace, Kish Vinayagamoorthy
Apologies In The Marketplace, Kish Vinayagamoorthy
Scholarly Articles
In order to better appreciate the insufficiency of money in repairing relationships, Part I describes the benefits that an apology brings to the injured party, transgressor, and the broader community in which the parties belong. Part II explains the increasing significance of relationships to certain categories of commercial transactions and provides examples of the types of relational damage that a contractual breach can cause to these commercial relationships. Part III explains how the benefits previously described in Part I are applicable to repairing the types of commercial relational harm described in Part II. Given that relationships matter especially in transnational …
If It Looks Like A Duck ... : Private International Arbitral Bodies Are Adjudicatory Tribunals Under 28 U.S.C. § 1782(A), Brandon Hasbrouck
If It Looks Like A Duck ... : Private International Arbitral Bodies Are Adjudicatory Tribunals Under 28 U.S.C. § 1782(A), Brandon Hasbrouck
Washington and Lee Law Review
No abstract provided.
Germany's Basic Law And The Use Of Force, Russell A. Miller
Germany's Basic Law And The Use Of Force, Russell A. Miller
Scholarly Articles
The German Basic Law's Regime for the use of force is evidence of and an explanation for the deep difference between Germany and the United States on security matters. It also might say something more grand about the power of law to constrain force.
Accountability For Property Crimes And Environmental War Crimes: Prosecution, Litigation, And Development, Mark A. Drumbl
Accountability For Property Crimes And Environmental War Crimes: Prosecution, Litigation, And Development, Mark A. Drumbl
Scholarly Articles
None available.
Diamonds On The Souls Of Her Shoes: The Kimberly Process And The Morality Exception To Wto Restrictions, Karen E. Woody
Diamonds On The Souls Of Her Shoes: The Kimberly Process And The Morality Exception To Wto Restrictions, Karen E. Woody
Scholarly Articles
This Article analyzes the events predicating the Kimberley Process and examines the validity of the Kimberley Process in relation to international trade obligations. Part I describes the background of conflict diamonds and their role in African wars. The section outlines the need for regulation in the diamond industry and examines how other attempted measures at curbing the illicit diamond trade have fallen short. Part II details the Kimberley Process and its guidelines. This section analyzes the relevant U.S. legislation passed in 2003, the Clean Diamond Trade Act. Part II also suggests that because the Kimberley Process ("KP") is predicated upon …
Individual Rights And Investor Protections In A Trade Regime: Nafta And Cafta, Amy K. Anderson
Individual Rights And Investor Protections In A Trade Regime: Nafta And Cafta, Amy K. Anderson
Washington and Lee Law Review
No abstract provided.
Transboundary Environmental Impact Assessment Under The North American Free Trade Agreement, Jameson Tweedie
Transboundary Environmental Impact Assessment Under The North American Free Trade Agreement, Jameson Tweedie
Washington and Lee Law Review
No abstract provided.
Corporate Liability For Overseas Human Rights Abuses: The Alien Tort Statute After Sosa V. Alvarez-Machain, David D. Christensen
Corporate Liability For Overseas Human Rights Abuses: The Alien Tort Statute After Sosa V. Alvarez-Machain, David D. Christensen
Washington and Lee Law Review
No abstract provided.
Should The World Trade Organization Incorporate Labor And Environmental Standards, Chantal Thomas
Should The World Trade Organization Incorporate Labor And Environmental Standards, Chantal Thomas
Washington and Lee Law Review
No abstract provided.
Iran And Libya Sanctions Act Of 1996: Congress Exceeds Its Jurisdiction To Prescribe Law, Richard G. Alexander
Iran And Libya Sanctions Act Of 1996: Congress Exceeds Its Jurisdiction To Prescribe Law, Richard G. Alexander
Washington and Lee Law Review
No abstract provided.
Bribery In The Global Market: A Critical Analysis Of The Foreign Corrupt Practices Act, Steven R. Salbu
Bribery In The Global Market: A Critical Analysis Of The Foreign Corrupt Practices Act, Steven R. Salbu
Washington and Lee Law Review
No abstract provided.
The Domestic Legal Status Of The Gatt: The Need For Clarification, Thomas William France
The Domestic Legal Status Of The Gatt: The Need For Clarification, Thomas William France
Washington and Lee Law Review
No abstract provided.
International Trade And The Environment: Interdependent Goals Or Irreconcilable Conflict? Introduction
Washington and Lee Law Review
No abstract provided.
Environment And Trade Measures After The Tuna/Dolphin Decision, Frederic L. Kirgis, Jr.
Environment And Trade Measures After The Tuna/Dolphin Decision, Frederic L. Kirgis, Jr.
Washington and Lee Law Review
No abstract provided.
The International Trade Regime And The Municipal Law Of Federal States: How Close A Fit?, David A. Wirth
The International Trade Regime And The Municipal Law Of Federal States: How Close A Fit?, David A. Wirth
Washington and Lee Law Review
No abstract provided.
World Trade Rules And Environmental Policies: Congruence Or Conflict?, John H. Jackson
World Trade Rules And Environmental Policies: Congruence Or Conflict?, John H. Jackson
Washington and Lee Law Review
No abstract provided.
Resolving The Trade And Environment Debate: In Search Of A Neutral Forum And Neutral Principles, Patti A. Goldman
Resolving The Trade And Environment Debate: In Search Of A Neutral Forum And Neutral Principles, Patti A. Goldman
Washington and Lee Law Review
No abstract provided.
Appointments Clause Problems In The Dispute Resolution Provisions Of The United States-Canada Free Trade Agreement, Alan B. Morrison
Appointments Clause Problems In The Dispute Resolution Provisions Of The United States-Canada Free Trade Agreement, Alan B. Morrison
Washington and Lee Law Review
No abstract provided.
Can Buckley Clear Customs?, Harold H. Bruff
Can Buckley Clear Customs?, Harold H. Bruff
Washington and Lee Law Review
No abstract provided.
The Appointments Clause And International Dispute Settlement Mechanisms: A False Conflict, Wiliam J. Davey
The Appointments Clause And International Dispute Settlement Mechanisms: A False Conflict, Wiliam J. Davey
Washington and Lee Law Review
No abstract provided.
International Trade And Environment: Lessons From The Federal Experience, Richard B. Stewart
International Trade And Environment: Lessons From The Federal Experience, Richard B. Stewart
Washington and Lee Law Review
No abstract provided.
A Kantian Approach To Trade And The Environment, Robert F. Housman
A Kantian Approach To Trade And The Environment, Robert F. Housman
Washington and Lee Law Review
No abstract provided.
The Need For An International Dispute Panel: Position, Consensus And Interdependent Goals, Gray C. Castle
The Need For An International Dispute Panel: Position, Consensus And Interdependent Goals, Gray C. Castle
Washington and Lee Law Review
No abstract provided.
Reconciling International Trade With Preservation Of The Global Commons: Can We Prosper And Protect?, Jeffrey L. Dunoff
Reconciling International Trade With Preservation Of The Global Commons: Can We Prosper And Protect?, Jeffrey L. Dunoff
Washington and Lee Law Review
No abstract provided.
Appointments With Disaster: The Unconstitutionality Of Binational Arbitral Review Under The United States-Canada Free Trade Agreement, Jim C. Chen
Washington and Lee Law Review
No abstract provided.