Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (31)
- Comparative and Foreign Law (21)
- International Trade Law (12)
- Environmental Law (7)
- Human Rights Law (7)
-
- Business Organizations Law (6)
- Criminal Law (6)
- Law and Economics (6)
- Military, War, and Peace (6)
- International and Area Studies (5)
- Social and Behavioral Sciences (5)
- Asian Studies (4)
- Constitutional Law (4)
- Courts (4)
- Intellectual Property Law (4)
- National Security Law (4)
- Antitrust and Trade Regulation (3)
- Banking and Finance Law (3)
- Food and Drug Law (3)
- Jurisdiction (3)
- Law and Politics (3)
- Legal Profession (3)
- Commercial Law (2)
- Computer Law (2)
- Conflict of Laws (2)
- Dispute Resolution and Arbitration (2)
- European Law (2)
- Immigration Law (2)
- Institution
-
- University of Michigan Law School (17)
- Florida State University College of Law (16)
- Case Western Reserve University School of Law (4)
- Singapore Management University (4)
- Selected Works (3)
-
- UIC School of Law (3)
- Boston University School of Law (1)
- Brigham Young University Law School (1)
- Georgetown University Law Center (1)
- Golden Gate University School of Law (1)
- Maurer School of Law: Indiana University (1)
- Penn State Dickinson Law (1)
- Penn State Law (1)
- Schulich School of Law, Dalhousie University (1)
- SelectedWorks (1)
- Southern Methodist University (1)
- University of Florida Levin College of Law (1)
- University of Pittsburgh School of Law (1)
- Vanderbilt University Law School (1)
- Wayne State University (1)
- Keyword
-
- Treaties (9)
- WTO (4)
- Appellate Body (3)
- Canada (3)
- China (3)
-
- Sovereignty (3)
- Arbitration (2)
- Asylum (2)
- Extraterritoriality (2)
- Gambling (2)
- General Agreement on Tariffs and Trade (2)
- Great Lakes (2)
- International Trade (2)
- Judicial interpretation (2)
- Law reform (2)
- Patent law (2)
- Patent system (2)
- Recognition (2)
- Refugee law (2)
- Refugees (2)
- Territoriality (2)
- Terrorism (2)
- Trade (2)
- Trade-Related Aspects of Intellectual Property Rights (TRIPS) (2)
- United Nations (2)
- United Nations High Commissioner for Refugees (2)
- Water (2)
- Weapons of mass destruction (2)
- World Trade Organization (2)
- Abduction (1)
- Publication
-
- Florida State University Journal of Transnational Law & Policy (15)
- Articles (6)
- Michigan Journal of International Law (5)
- Canada-United States Law Journal (4)
- Research Collection Yong Pung How School Of Law (4)
-
- Michigan Telecommunications & Technology Law Review (3)
- University of Michigan Journal of Law Reform (3)
- UIC Law Open Access Faculty Scholarship (2)
- Articles by Maurer Faculty (1)
- Articles, Book Chapters, & Popular Press (1)
- Brigham Young University International Law & Management Review (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Scholarly Works (1)
- Faculty Scholarship (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Journal Articles (1)
- Laurel S. Terry (1)
- Law Faculty Research Publications (1)
- Michigan Law Review (1)
- Muhammad Masum Billah Dr. (1)
- Russell A. Miller (1)
- Scholarly Publications (1)
- Theses and Dissertations (1)
- UF Law Faculty Publications (1)
- UIC Law Review (1)
- Vanderbilt Journal of Transnational Law (1)
- William H. Byrnes (1)
- Publication Type
- File Type
Articles 1 - 30 of 61
Full-Text Articles in Transnational Law
Boomerang Litigation: How Convenient Is Forum Non Conveniens In Transnational Litigation?, M. Ryan Casey, Barrett Ristroph
Boomerang Litigation: How Convenient Is Forum Non Conveniens In Transnational Litigation?, M. Ryan Casey, Barrett Ristroph
Brigham Young University International Law & Management Review
No abstract provided.
Litigating Canada-U.S. Transboundary Harm: International Lawmaking And The Threat Of Reciprocity, Shi-Ling Hsu
Litigating Canada-U.S. Transboundary Harm: International Lawmaking And The Threat Of Reciprocity, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
It-Apas: Harmonizing Inconsistent Transfer Pricing Rules In Income Tax - Customs - Vat, Richard Thompson Ainsworth
It-Apas: Harmonizing Inconsistent Transfer Pricing Rules In Income Tax - Customs - Vat, Richard Thompson Ainsworth
Faculty Scholarship
In most jurisdictions there are three separate spheres of transfer pricing analysis - income tax, customs and VAT. Although they share policy objectives, terminology and frequently borrowing methodologies from one another these domestic transfer pricing systems are not in harmony.
Businesses find this lack of harmony costly, problematical, but also a planning opportunity. The door is open for arbitrage.
What if the transfer pricing rules within a jurisdiction were harmonized? The World Customs Organization (WCO) and the Organization of Economic Cooperation and Development (OECD) are considering this question.
This paper synthesizes the range of transfer pricing regimes currently in use, …
International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna
International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna
University of Michigan Journal of Law Reform
The eight Governors of the Great Lakes States signed a proposed new compact for the Great Lakes and St. Lawrence basin on December 13, 2005, and they joined with the Premiers of Ontario and Québec in a parallel agreement on the same topic on the same day. Neither document is legally binding-the proposed new compact because it has not yet been ratified by any State nor consented to by Congress; the parallel agreement because it is not intended to be legally binding. Both documents are designed to preclude the export of water from the Great Lakes-St. Lawrence basin apart from …
The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, A. Dan Tarlock
The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, A. Dan Tarlock
University of Michigan Journal of Law Reform
Since 1985, the eight Great Lakes states and the Canadian provinces of Ontario and Quebec have cooperated to prevent almost all diversions of water from the Great Lakes basin. In 2005, the eight states signed an Agreement to create a tiered system of reviews for diversions and a draft interstate Compact, which creates a binding process to regulate diversions. This cooperation is primarily a state initiative, supported by the federal governments in both countries, which has paid little attention to the international character of the lakes. This Essay argues that there are three major benefits to the region from the …
Transboundary Pollution: Harmonizing International And Domestic Law, Noah D. Hall
Transboundary Pollution: Harmonizing International And Domestic Law, Noah D. Hall
University of Michigan Journal of Law Reform
Addressing transnational pollution requires both international and domestic law. Transnational pollution is an international problem that demands and deserves the attention of international legal mechanisms such as treaties, agreements, arbitration, and international management and governance. At the same time, transnational pollution problems can often be addressed more effectively and efficiently through the domestic legal system. An ideal approach is to harmonize transnational pollution management and dispute resolution under international and domestic law. This Article seeks to provide pragmatic, feasible, and politically realistic solutions to transnational pollution by harmonizing international and domestic law. However, given the diversity in geography, domestic legal …
The Economic State Of International Financial Services And Its Socio-Economic Impact, William Byrnes
The Economic State Of International Financial Services And Its Socio-Economic Impact, William Byrnes
William H. Byrnes
No abstract provided.
Transnational Networks And International Criminal Justice, Jenia Iontcheva Turner
Transnational Networks And International Criminal Justice, Jenia Iontcheva Turner
Michigan Law Review
The theory of transgovernmental networks describes how government officials make law and policy on issues of global concern by coordinating informally across borders, without legal or official sanction. Scholars have argued that this sort of coordination is useful in many different areas of cross-border regulation, including banking, antitrust, environmental protection, and securities law. One area to which the theory has not yet been applied is international criminal law. For a number of reasons, until recently, international criminal law had not generated the same transgovernmental networks that have emerged in other fields. With few exceptions, international criminal law had been enforced …
Patents And Diversity In Innovation, Brian Kahin
Patents And Diversity In Innovation, Brian Kahin
Michigan Telecommunications & Technology Law Review
Over the past quarter-century, the patent system has expanded in scope and significance, claiming a central position in a U.S. economy increasingly based on knowledge and intangible assets. This historic expansion has come at the cost of controversy and, within the past five years, growing public scrutiny from outside the system--from the press, business, Congress, and finally the Supreme Court. However, proposed reforms are marked by deepening divisions between sectors of the economy. The information technology (IT) and services industries favor strong reforms while pharmaceutical and biotech industries, as well as the patent bar, favor modest, incremental reforms. This yawning …
Diversifying Without Discriminating: Complying With The Mandates Of The Trips Agreement, Graeme B. Dinwoodie, Rochelle C. Dreyfuss
Diversifying Without Discriminating: Complying With The Mandates Of The Trips Agreement, Graeme B. Dinwoodie, Rochelle C. Dreyfuss
Michigan Telecommunications & Technology Law Review
Since the Patent Act was revised in 1952, patent law has expanded to cover an array of novel endeavors--new fields of technology (notably computer science and business methods) as well as the activities of researchers engaged in fundamental scientific discovery. These changes have been accompanied by shifts in the organizational structure of the technological community, with smaller firms and universities emerging as important players in the patent system, and by new marketplace expectations arising from consumer demand for interoperable technology and converging functionality. As a result of these developments, structural flaws in the legal order have become evident. Although the …
Microsoft Tying Consumers' Hands - The Windows Vista Problem And The South Korean Solution, Daniel J. Silverthorn
Microsoft Tying Consumers' Hands - The Windows Vista Problem And The South Korean Solution, Daniel J. Silverthorn
Michigan Telecommunications & Technology Law Review
Currently, more than ninety percent of the world's PCs operate under Windows. To cement its market power, Microsoft has engaged in controversial business practices. Those practices have led to adverse antitrust decisions in the United States, the European Union (EU), and South Korea. Many of these decisions, both judicial and administrative, revolve around Microsoft's bundling, or "tying," of certain subsidiary applications with the Windows operating system, including Internet Explorer and Windows Media Player. In doing so, Microsoft arguably gains a greater than deserved market share with these bundled applications, inhibiting fair competition in the software marketplace. The United States, EU …
The Lotus Principle In Icj Jurisprudence: Was The Ship Ever Afloat?, Hugh Handeyside
The Lotus Principle In Icj Jurisprudence: Was The Ship Ever Afloat?, Hugh Handeyside
Michigan Journal of International Law
But Lotus has perhaps drawn as much criticism as affirmation. Ian Brownlie observes that "[i]n most respects the Judgment of the Court is unhelpful in its approach to the principles of jurisdiction, and its pronouncements are characterized by vagueness and generality." Nor does there appear to be any clear consensus on the decision's core holdings; in fact, commentators have read the decision in alarmingly divergent ways. This Note avoids the legal cacophony surrounding the specific holdings of the Lotus decision, focusing instead on the Lotus principle. Scholars have persistently (and often uncritically) taken the Lotus principle at face value, citing …
Criminal Conspiracy Law In Japan, Chris Coulson
Criminal Conspiracy Law In Japan, Chris Coulson
Michigan Journal of International Law
Part II of this Note describes CATOC's group criminality requirement. Part III outlines the provisions of several versions of Japan's conspiracy bill and compares these provisions to common-law conspiracy. Part IV analyzes Japan's conspiracy law by examining both substantive and procedural laws in Japan related to criminal conspiracy, as well as criticism within Japan of the conspiracy bills.
Masthead, Volume 33 Issue 2 (2007)
Masthead, Volume 33 Issue 2 (2007)
Canada-United States Law Journal
No abstract provided.
Volume 33 Issue 2, Canada-United States Law Journal
Volume 33 Issue 2, Canada-United States Law Journal
Canada-United States Law Journal
No abstract provided.
Volume 33 Issue 1, Canada-United States Law Journal
Volume 33 Issue 1, Canada-United States Law Journal
Canada-United States Law Journal
No abstract provided.
Transboundary Pollution: Harmonizing International And Domestic Law, Noah D. Hall
Transboundary Pollution: Harmonizing International And Domestic Law, Noah D. Hall
Law Faculty Research Publications
Addressing transnational pollution requires both international and domestic law. Transnational pollution is an international problem that demands and deserves the attention of international legal mechanisms such as treaties, agreements, arbitration, and international management and governance. At the same time, transnational pollution problems can often be addressed more effectively and efficiently through the domestic legal system. An ideal approach is to harmonize transnational pollution management and dispute resolution under international and domestic law. This Article seeks to provide pragmatic, feasible, and politically realistic solutions to transnational pollution by harmonizing international and domestic law. However, given the diversity in geography, domestic legal …
Economic Analysis Of Limitation Of Shipowners’ Liability, Muhammad Masum Billah Dr.
Economic Analysis Of Limitation Of Shipowners’ Liability, Muhammad Masum Billah Dr.
Muhammad Masum Billah Dr.
Limitation of liability is a feature common to all areas of shipowners’ liability. Historically, its justification has been the encouragement of investment in the national shipping sector. The modern-day justification its supporters rely upon is either the lack of capacity or the prohibitively high cost of insurance for unlimited liability. Its most criticized consequence is the deprivation of adequate compensation to victims of maritime accidents. As a result, recent changes in maritime liability laws focus on increasing compensation, sometimes from sources other than liable parties. This approach fails to consider the main goal of a liability system: to deter potentially …
The Arrival Of The "Have-Nots" In International Arbitration, Catherine A. Rogers
The Arrival Of The "Have-Nots" In International Arbitration, Catherine A. Rogers
Journal Articles
Much has been written about the have-nots in domestic litigation and domestic arbitration, with an apparent assumption that their fate was mainly a domestic affair. In recent years, however, internet commerce has brought consumers to the international market, an increasingly globalized workforce has generated a class of international employees, and the link between international trade and human rights has revealed a host of victims. The arrival of these 'have-nots' in international arbitration means that previously latent questions about international arbitration's integrity as a system and role as a mechanism for transnational regulatory governance have been brought to the fore.
Using …
Parol Evidence Under The Cisg: The "Homeward Trend" Reconsidered, 68 Ohio St. L.J. 133 (2007), Karen H. Cross
Parol Evidence Under The Cisg: The "Homeward Trend" Reconsidered, 68 Ohio St. L.J. 133 (2007), Karen H. Cross
UIC Law Open Access Faculty Scholarship
The CISG has been described as one of history 's most successful attempts to harmonize international commercial law. Consistent with its goal of harmonizing the law of international sales, Article 7(1) of the CISG instructs courts and arbitrators to interpret the Convention in light of "its international character and the need to promote uniformity in its application. " MCC-Marble v. Ceramica Nuova D'Agostina is a U.S. decision that has been praised for its adherence to Article 7(1). In contrast with conventional academic commentary, which praises MCC-Marble and criticizes the tendency of courts to interpret the CISG in light of their …
Dissonant Harmonization: Limitations On "Cash N' Carry" Creativity, 70 Alb. L. Rev. 1163 (2007), Doris E. Long
Dissonant Harmonization: Limitations On "Cash N' Carry" Creativity, 70 Alb. L. Rev. 1163 (2007), Doris E. Long
UIC Law Open Access Faculty Scholarship
Even though creativity lies at the heart of present copyright laws, the impulse to create-or more precisely what triggers such creativity-remains largely unexamined. Coinciding with the digital demand for access to information, new standards for "cash 'n' carry" creativity are being urged with little regard to what level of authorial3 control may be required to ensure continued enrichment of the public domain through the creation of vibrant new works. Scientific, psychological, and sociological studies indicate that "cash 'n' carry" creativity fails to implement the critical triggering mechanisms for the creative impulse. Moreover, such "cash 'n' carry" attitudes toward authors' rights …
Sovereignty Migrates In U.S. And Mexican Law: Transnational Influences In Plenary Power And Non-Intervention, Ernesto Hernandez-Lopez
Sovereignty Migrates In U.S. And Mexican Law: Transnational Influences In Plenary Power And Non-Intervention, Ernesto Hernandez-Lopez
Vanderbilt Journal of Transnational Law
Mexico and the United States exercise sovereignty that is increasingly transnational and less absolute with respect to migration. This is evident in changes to Mexico's norm of non-intervention and the United States' plenary power doctrine, two doctrines rooted in international sovereignty. Both have historically defined sovereign authority in absolute terms, avoiding any foreign influence or domestic limitation. The non-intervention norm prohibits Mexican foreign relations from interfering in another state's domestic affairs. Traditionally, it barred a foreign policy on migrants in the United States, which led to Mexico's "no policy" on migrants. The U.S. plenary power doctrine labels immigration law as …
Gambling And The Law®: The International Law Of Remote Wagering, 40 J. Marshall L. Rev. 1159 (2007), I. Nelson Rose
Gambling And The Law®: The International Law Of Remote Wagering, 40 J. Marshall L. Rev. 1159 (2007), I. Nelson Rose
UIC Law Review
No abstract provided.
Richard Lillich Memorial Lecture: Nurturing A Transnational System Of Innovation, Jerome H. Reichman
Richard Lillich Memorial Lecture: Nurturing A Transnational System Of Innovation, Jerome H. Reichman
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The French Headscarf Law Before The European Court Of Human Rights, Kathryn Boustead
The French Headscarf Law Before The European Court Of Human Rights, Kathryn Boustead
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Human Rights For Transnational Corporations, Lucien J. Dhooge
Human Rights For Transnational Corporations, Lucien J. Dhooge
Florida State University Journal of Transnational Law & Policy
No abstract provided.
China's Two-Dimensional Skies: The "Chineseness" Of Aviation Law In China And How It Helps Us Understand Chinese Law, Alex Burkett
China's Two-Dimensional Skies: The "Chineseness" Of Aviation Law In China And How It Helps Us Understand Chinese Law, Alex Burkett
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Public Purpose, Private Losses: Regulatory Expropriation And Environmental Regulation In International Investment Law, Justin R. Marlles
Public Purpose, Private Losses: Regulatory Expropriation And Environmental Regulation In International Investment Law, Justin R. Marlles
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Peru's Too Expensive - I'Ll Get My Cheese From Chile: The Agricultural Market Access Provisions Of The U.S.-Chile Fta And The U.S.-Peru Tpa, Guillermo Gabriel Zorogastua
Peru's Too Expensive - I'Ll Get My Cheese From Chile: The Agricultural Market Access Provisions Of The U.S.-Chile Fta And The U.S.-Peru Tpa, Guillermo Gabriel Zorogastua
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Stepchildren Of The Eu: Bulgaria And Romania, Ruth Jackson Lee
The Stepchildren Of The Eu: Bulgaria And Romania, Ruth Jackson Lee
Florida State University Journal of Transnational Law & Policy
No abstract provided.