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Articles 1 - 5 of 5
Full-Text Articles in International Relations
International Trade Law And Information Policy: A Recent History, Genevieve B. Tung
International Trade Law And Information Policy: A Recent History, Genevieve B. Tung
Librarian Scholarship at Penn Law
No abstract provided.
The Oxford Guide To Treaties; Edited By Duncan B. Hollis; Recent Books On International Law: Book Reviews, Jean Galbraith
The Oxford Guide To Treaties; Edited By Duncan B. Hollis; Recent Books On International Law: Book Reviews, Jean Galbraith
All Faculty Scholarship
This is a review of The Oxford Guide to Treaties (2012), edited by Duncan B. Hollis.
Soft Law As Foreign Relations Law, Jean Galbraith, David Zaring
Soft Law As Foreign Relations Law, Jean Galbraith, David Zaring
All Faculty Scholarship
The United States increasingly relies on “soft law” and, in particular, on cooperation with foreign regulators to make domestic policy. The implementation of soft law at home is typically understood to depend on administrative law, as it is American agencies that implement the deals they conclude with their foreign counterparts. But that understanding has led courts and scholars to raise questions about whether soft law made abroad can possibly meet the doctrinal requirements of the domestic discipline. This Article proposes a new doctrinal understanding of soft law implementation. It argues that, properly understood, soft law implementation lies at the intersection …
Treaty Termination As Foreign Affairs Exceptionalism, Jean Galbraith
Treaty Termination As Foreign Affairs Exceptionalism, Jean Galbraith
All Faculty Scholarship
No abstract provided.
The Bankruptcy Code’S Safe Harbors For Settlement Payments And Securities Contracts: When Is Safe Too Safe?, Charles W. Mooney Jr.
The Bankruptcy Code’S Safe Harbors For Settlement Payments And Securities Contracts: When Is Safe Too Safe?, Charles W. Mooney Jr.
All Faculty Scholarship
This Article addresses insolvency law-related issues in connection with certain financial-markets contracts, such as securities contracts, commodity contracts, forward contracts, repurchase agreements (repos), swaps and other derivatives, and master netting agreements. The Bankruptcy Code provides special treatment—safe harbors—for these contracts (collectively, qualified financial contracts or QFCs). This special treatment is considerably more favorable for nondebtor parties to QFCs than the rules applicable to nondebtor parties to other contracts with a debtor. Yet even some strong critics of the safe harbors concede that some special treatment may be warranted. This Article offers a critique of the safe harbor for settlement payments, …