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Full-Text Articles in Transnational Law
Debating The Proper Role Of National Law Under The New York Convention, Thomas E. Carbonneau
Debating The Proper Role Of National Law Under The New York Convention, Thomas E. Carbonneau
Thomas Carbonneau
One of the many consequences of the progressive development of globalization apparently has been to incite a vigorous debate among leading members of the international arbitral community about the role of national law in implementing the enforcement regime of the New York Arbitration Convention (Convention). The debate was provoked by federal court rulings in two recent cases: Chromalloy Aeroservices v. Arab Republic of Egypt (Chromalloy) and Alghanim & Sons v. Toys"R" Us (Toys "R" Us). Prior to these opinions, there appeared to have been an implicit consensus in the international community regarding the "anational"character of …
From Kiobel Back To Structural Reform: The Hidden Legacy Of Holocaust Restitution Litigation, Leora Bilsky, Rodger D. Citron, Natalie R. Davidson
From Kiobel Back To Structural Reform: The Hidden Legacy Of Holocaust Restitution Litigation, Leora Bilsky, Rodger D. Citron, Natalie R. Davidson
Rodger Citron
This paper offers a new approach to the issue of transnational corporate liability for human rights violations and more generally an inquiry into the place of domestic legal experiences in theorizing about transnational law. Grounded in a study of the Holocaust restitution litigation of the 1990s, we explain corporate liability as a type of bureaucratic liability and explore in depth the relationship between the Holocaust litigation and the theory of structural reform litigation developed in the U.S. to address the bureaucratic structure of rights violations. We read the restitution litigation in light of pluralist reformulations of structural reform, in which …
Comparative Law As Transnational Law: A Decade Of The German Law Journal, Russell Miller, Peer Zumbansen
Comparative Law As Transnational Law: A Decade Of The German Law Journal, Russell Miller, Peer Zumbansen
Russell A. Miller
No abstract provided.
Collective Discursive Democracy And International Law Personality For Transnational Enterprises, Russell Miller
Collective Discursive Democracy And International Law Personality For Transnational Enterprises, Russell Miller
Russell A. Miller
No abstract provided.
Transboundary Harm In International Law: Lessons From The Trail Smelter Arbitration, Russell Miller, Rebecca Bratspies
Transboundary Harm In International Law: Lessons From The Trail Smelter Arbitration, Russell Miller, Rebecca Bratspies
Russell A. Miller
No abstract provided.
Annual Of German & European Law 2003, Russell Miller, Peer Zumbansen
Annual Of German & European Law 2003, Russell Miller, Peer Zumbansen
Russell A. Miller
No abstract provided.