Social and Behavioral Sciences Commons^™

Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins

Neal E. Devins

No abstract provided.

Women And War, Linda A. Malone

Linda A. Malone

No abstract provided.

The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone

Linda A. Malone

No abstract provided.

Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs

Nancy Combs

No abstract provided.

Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty

Benjamin C McCarty

The drafters of the 1958 New York Convention intended Article V(2)(b) to be interpreted narrowly, and while most pro-arbitration national courts do maintain narrowly defined areas of public policy that are sufficient for refusal of the recognition and enforcement of a foreign arbitral award, this is not always the case. Developing states and jurisdictions that maintain corrupt or inefficient judicial systems have shown a greater willingness to invoke the public policy exception for a broader, amorphous variety of reasons. This phenomenon has created a sense of unpredictability among international investors, arbitrators, and business executives as to the amount of deference …

Introduction: Perspectives On The World's Search For Stable Democracy, Rodney A. Smolla, Darlene P. Bradberry

Rod Smolla

No abstract provided.

A Comparison Of The Jurisprudence Of The Ecj And The Efta Court On The Free Movement Of Goods In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfeu And Article Of 11 Of The Eea?, Jarrod Tudor

Jarrod Tudor

Article 11 of the European Economic Area (“EEA”) and Article 34 of the Treaty on the Functioning of the European Union (“TFEU”) prohibit quantitative restrictions on the free movement of goods. The EEA is monitored by the European Free Trade Area Court (“EFTA Court”) and the TFEU is monitored by the European Court of Justice (“ECJ”). In theory, the EFTA Court and the ECJ should interpret Article 11 and Article 34 in the same manner in order to promote harmonization of the law on the free movement of goods and allow for further economic integration between EFTA and the EU. …

Discriminatory Internal Taxation In The European Union: The Power Of The European Court Of Justice To Limit The Tax Sovereignty Of Member-States Under Article 110 Of The Tfeu, Jarrod Tudor

Jarrod Tudor

Protectionism can come in a variety of methods including the use of internal taxation policies that discriminate against imports making those imports more expensive on the domestic market and thus favoring domestically-produced goods. Discriminatory taxation policies have been developed by member-states to mask protectionism by distinguishing products based on import status, product similarity, product life cycle, consumption, tax collection practices, transportation charges, and state aid. The Framers of the Treaty on the Functioning of the European Union (TFEU) wrote Article 110 with the objective in mind to prohibit internal taxation policies from discriminating against goods in made in other member-states. …

Navigating The Expanding Universe Of International Treaties On Foreign Investment-- Creation And Use Of A Critical Index, Julien Chaisse

Julien Chaisse

The African Origins Of International Law: Myth Or Reality?, Jeremy I. Levitt Dr.

Jeremy I. Levitt Dr.

This Article reconsiders the prevalent ahistorical assumption that international law began with the Treaty of Westphalia. It gathers together considerable historical evidence to conclude that the ancient world, particularly the New Kingdom period in Egypt or Kemet from 1570-1070 BCE, deployed all three of what today we would call sources of international law. African states predating the modern European nation state by nearly 6000 years engaged in treaty relations (the Treaty of Kadesh), and applied rules of custom (the MA'AT) and general principles of law (as enumerated in the Egyptian Bill of Rights). While Egyptologists and a few international lawyers …

The African Origins Of International Law: Myth Or Reality?, Jeremy I. Levitt Dr.

Jeremy I. Levitt Dr.

No abstract provided.

The Problem Of Sovereignty, International Law, And Intellectual Conscience, Richard L. Lara

Richard Louis Lara

The concept of sovereignty is a recurring and controversial theme in international law, and it has a long history in western philosophy. The traditionally favored concept of sovereignty proves problematic in the context of international law. International law’s own claims to sovereignty, which are premised on traditional concept of sovereignty, undermine individual nations’ claims to sovereignty. These problems are attributable to deep-seated flaws in the traditional concept of sovereignty. A viable alternative concept of sovereignty can be derived from key concepts in Friedrich Nietzsche’s views on human reason and epistemology. The essay begins by considering the problem of sovereignty from …

The Cost Of Doing Business In Asia: A Comparative Legal Study Of Environmental Regulations In The Emerging Markets Of Thailand, Malaysia, And Indonesia, Brooke R. Padgett

Brooke R. Padgett

Abstract: This article explores whether voluntary standards, customary law, or more binding bilateral investment treaties are best for corporations, the emerging markets of Thailand, Indonesia, and Malaysia, and the environment itself. While corporations, markets, and the environment facially seem to have divergent priorities, environmental disasters are more costly after the fact than they are to prevent so in reality their priorities may not be so different after all. Some of the potential issues the paper will examine and address are big picture macro level such as fairness to future generations, intergenerational rights; the actual cost through questions of polluter pays, …

The Diaspora Of Ethnic Economies: Beyond The Pale?, Lan Cao

Lan Cao

No abstract provided.

Structuring Big Data To Facilitate Participation In International Law, Roslyn Fuller

Roslyn Fuller

This is an interdisciplinary article focusing on the interplay between information and communication technology (ICT) and international law (IL). Its purpose is to open up a dialogue between ICT and IL practitioners that focuses on the ways in which ICT can enhance equitable participation in international legal structures, particularly through capturing the possibilities associated with big data. This depends on the ability of individuals to access big data, for it to be structured in a manner that makes it accessible and for the individual to be able to take action based on it.

¿Acatar O No Acatar El Fallo De La Corte Internacional De Justicia En El Caso Nicaragua V. Colombia?, Andres Barreto

Andres Barreto

Han corrido verdaderos ríos de tinta sobre las implicaciones del fallo proferido por la Corte Internacional de Justicia (CIJ) en el Caso Nicaragua v. Colombia, sin embargo, más allá de los análisis, unos jurídicos y otros políticos, es preciso preguntarse que sigue en el panorama internacional tras la sentencia.

Rise Of The Intercontinentalexchange And Implications Of Its Merger With Nyse Euronext, Latoya C. Brown

Latoya C. Brown, Esq.

This paper examines the impending merger between the IntercontinentalExchange (ICE) and NYSE Euronext against the backdrop of the current structure of the global financial services industry. The paper concludes that the merger embodies what the financial services industry is becoming and captures the model that will allow exchanges to remain competitive in today’s marketplace: mega-exchanges with broader asset classes and electronic platforms. As technology and globalization threaten their vitality, exchanges will need to continue reinventing and adapting. Increasingly over the last decade they have done so by merging and by moving, at least a part of, their operations on screen. …

Gender And Global Lawyering: Where Are The Women?, Steven Boutcher, Carole Silver

Carole Silver

The dual processes of diversity and globalization are responsible for significant growth among U.S. law firms: female lawyers account for much of the increase in headcount in large law firms over the last several decades, and lawyers educated and licensed in jurisdictions outside of the U.S. have helped U.S.-based law firms expand internationally. This article draws on data gathered from lawyer biographies to examine the relationship between gender diversity and globalization, and considers whether career strategies that involve the international movement of lawyers are equally powerful for women and men. Our research suggests that gender inequality is not erased by …

Imfing With Your Economic Rights: The Greek Tragedy Of The Eurozone, James C. Brady

James C Brady

While international human rights law promulgates that economic, social and cultural rights (economic rights) be supported just as fervently as civil and political rights, the reality is, they are not. The Greek debt crisis and resulting austerity measures demonstrate how a growing world economy is having an increasingly large impact on economic rights. States treat economic rights obligations similar to how businesses treat risk – that is, states seek to reduce their obligations like businesses seek to reduce their risk. As a result, economic rights remain second fiddle to their civil/political counterpart and a victim of supranational monetary monoliths like …

Law Reform On Sexual And Gender-Based Crimes In Mass Violence, Saumya Uma

Dr. Saumya Uma

The Corrupting Influence Of The United States On A Vulnerable Intercountry Adoption System: A Guide For Stakeholders, Hague And Non-Hague Nations, Ngos, And Concerned Parties, David M. Smolin

David M. Smolin

This article provides an extensive analysis of the corrupting influence of the United States on the development and present workings of the intercountry/international adoption system. A context for this corrupting influence is provided through a careful analysis of the theoretical and practical vulnerabilities of the intercountry adoption system. The distinctive approaches of the United States to social work, adoption, human rights, children's rights, constitutional law and humanitarian intervention also provides careful analysis. The article is designed to be practical in providing both a clear guide to those interested in reforming the United States' approach to intercountry adoption and related matters, …

Africa, Mark J. Calaguas

Mark J Calaguas

The Africa Committee's contribution to the 2011 Year-in-Review issue of the American Bar Association Section of International Law's quarterly journal, The International Lawyer.

The Debate, David M. Smolin, Elizabeth Bartholet

David M. Smolin

This chapter is taken from a forthcoming book on Intercountry Adoption, edited by Judith L. Gibbons and Karen Smith Robati and forthcoming in June of 2012. The chapter constitutes a debate between Professor Elizabeth Bartholet and Professor David Smolin. Each independently was given three questions to answer, and then one opportunity to respond to the other's answers to those three questions, all with strict space limitations. The debate illustrates some of the starkly different perspectives regarding the law, policies, and facts relevant to intercountry adoption.

Is An International Treaty Needed To Fight Corruption And The Narco-Insurgency In Mexico?, Stuart S. Yeh

Stuart S Yeh

Mexican government corruption prevents effective law enforcement against drug traffickers and the violence associated with drug trafficking. This article reviews the nature and scope of government corruption, including a first-hand account by a Mexican state police commander, then suggests how and why an international treaty establishing United Nation (UN) inspectors who are empowered to investigate corruption at all levels of government could be effective in deterring corruption and restoring the rule of law in the U.S.–Mexico border region. The article suggests that the Rome Statute provides a model for establishing this type of treaty and a precedent for all of …

Toda Joia, Toda Beleza! Finding What Is Left In The Margins Or Regime Collisions: A Pluralist Take On Managerialism, Luigi Russi, Alfonso Encinas Escobar

Luigi Russi

This paper has two authors, two titles and is written in the form of a dialogue, rather than conveying a unitary voice, as one would instead expect of a coauthored paper. The reason for this is that the articulation of the authors' disagreement, despite the identification of each of them with “the left”, is precisely the object of inquiry. After briefly introducing the problem on which the authors’ discussion takes place, namely regime collisions, and the clash of approaches that are available to (decide whether to) deal with them, a dialogue follows, in which the authors’ voices are clearly separated …

Maritime Piracy And The Construction Of Global Governance, Michael Struett, Jon D. Carlson, Mark Nance

Jon D. Carlson

Enforcing Restitution Of Cultural Heritage Through Peace Agreements, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

Peace agreements have been an important source of international law in modern times. They have been especially important in the earliest formulations of the international and regional protection of cultural heritage. The significance of this source of international law making and its enforcement has become more pronounced with the exponential proliferation of peace processes and resultant agreements since the end of the Cold War. It is argued that how cultural heritage (and cultural rights) is historically dealt with in peace agreements falls broadly into three discernible categories: (1) restitution and restoration of cultural heritage as reparations between existing states, post …

The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth

David A. Wirth

Any day now, a World Trade Organization panel is expected to rule in a dispute between the U.S. and the EU concerning market access for genetically-engineered foods and crops. This piece, written before the release of the WTO panel's report, analyzes novel systemic issues concerning the impact of WTO law on regulatory design, at both the national and international levels, that are raised by this dispute. These include (1) the application of WTO disciplines to regulatory schemes that require prior governmental approval to protect the environment and public health from newly-introduced products and substances; (2) the role of precaution as …

Mediating Ethnic Conflict: Kofi Annan In Kenya, Trevor Keck

Trevor Keck

In late 2007, ethnic based violence broke out in Kenya in response to a fraudulent election. This article describes the international response, focusing on the Kofi Annan-led African Union (AU) mediation in early 2008, and analyzes whether the mediation should constitute success, as well as what lessons may be learned from the mediation. Despite shortcomings, the author argues the mediation was successful, as it played an instrumental role in ending the post-election violence, led to a change in behavior of the principals, and secured the creation of several mechanisms to address the root causes of Kenya’s governance crisis. The paper …

The Holocaust Insurance Accountability Act Of 2010: Hearing Before The United States House Of Representatives, Committee On The Judiciary, Subcommittee On Commercial And Administrative Law. 111th Congress, 2nd Session, Michael P. Van Alstine

Michael P. Van Alstine

The testimony explores the essential legal issue of the extent to which executive agreements related to H.R. 4596 have any force as law in the United States. The agreements made it clear that they did not, by themselves, “provide an independent legal basis for dismissal” of claims of Holocaust victims filed in any courts of the United States. Instead, the executive branch simply agreed to file a “statement of interest” in such lawsuits to the effect “that U.S. policy interests favor dismissal on any valid legal ground.” Some lower courts have nonetheless given the statements of interest preemptive effect as …