International Law Commons^™

Transfrontier Pollution – Convention For The Protection And Development Of The Marine Environment Of The Wider Caribbean Region – Agreement Involving Collective Response To Marine Pollution Incidents And Long Range Environmental Planning, Gregg Bundschuh

Georgia Journal of International & Comparative Law

No abstract provided.

The Transfer Of Technology And Unclos Iii, Douglas Yarn

Georgia Journal of International & Comparative Law

No abstract provided.

Ocean Thermal Energy Conversion, John W. Kindt

Georgia Journal of International & Comparative Law

No abstract provided.

Maritime Boundary Dispute Settlement: The Nonemergence Of Guiding Principles, Marvin A. Fentress

Georgia Journal of International & Comparative Law

No abstract provided.

The New Law Of Treaties: The Codification Of The Law Of Treaties Concluded Between States And International Organizations Or Between Two Or More International Organizations, Neri Sybesma-Knol

Georgia Journal of International & Comparative Law

No abstract provided.

The Commonwealth's Treaty-Making Process, Matthew Rimmer

Matthew Rimmer

Considering both the situation in Australia and the United States, the Commonwealth’s Treaty-Making Process is broken. There have been significant problems in respect of transparency, public participation, empirical analysis, and parliamentary oversight. In addition, there has been a concern that the Commonwealth’s Treaty-Making Process has failed to adequately address matters of fair trade. In particular, there is a need to engage a comprehensive assessment of the impacts of international agreements upon the environment, public health, labor rights, and human rights. Such problems have been particularly pronounced during the negotiations over the regional trade agreement, the Trans-Pacific Partnership. Having participated in …

Explaining The Establishment Of The Independent Prosecutor Of The International Criminal Court, Laszlo Sarkany

Electronic Thesis and Dissertation Repository

The aim of this dissertation is to discern and explain why states established the International Criminal Court (ICC) with an independent Prosecutor with the aid of theories of international relations. The theories utilized were neorealism, neoliberal institutionalism, historical institutionalism, constructivism and liberal-pluralism. In order to complete the above-stated task, two supplemental questions were asked: first, how may one able to explain policy formulation in regards to the ICC; and second, what accounts for the victory of the supporters. The comparative case study method of the ‘method of agreement’ was employed. Canada and the United Kingdom – from among the supporters …

The New World Order: Humanitarian Interventions From Kosovo To Libya And Perhaps Syria?, Ilan Fuchs, Harry Borowski

Ilan Fuchs

The involvement of North Atlantic Treaty Organization (“NATO”) forces in the toppling of longtime Libyan dictator Muammar Gaddafi was received with standing ovation in the world media. The Libyan dictator was involved in terrorism and crimes, not only against his own people, but against citizens of many other countries as well. One question seems to have been overlooked: under what grounds did NATO join an armed non-international conflict? What was the basis for recognizing the rebel ad hoc government as the legal representative of Libya and not the Gaddafi government that had ruled it for almost half a century; a …

Removing The Distraction Of Delay, Jill E. Family

Jill E. Family

Immigration adjudication is in an awkward position. There is an intricate system to adjudicate immigration removal (deportation) cases, but that system is hindered by restrictions, and the constant threat of further restrictions, that reflect distaste for providing process to foreign nationals facing removal. There is a push and pull phenomenon, with immigration adjudication stretched uncomfortably in between two forces. On the one side, there is a push to apply common notions of due process to immigration removal cases, to push that the same concepts of procedural justice should apply in immigration cases as they would in any other context. On …

Plaintiffs Carry Heavy Burden In Terror Suits Against Banks, Jimmy Gurule

Journal Articles

Plaintiffs have a heavy burden to prove that the provision of routine financial services to suspected terrorists violated the ATA. While plaintiffs clearly met their burden in the Arab Bank case, that case did not involve the provision of routine banking services. Further, in the Palestinian Authority case several of the individuals who committed the terrorist attacks worked for the authority and were monetarily rewarded for their acts of terrorism.

Plaintiffs' lawyers in pending bank cases filed under the ATA therefore should be hesitant to read too much into the Arab Bank and Palestinian Authority verdicts.

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

Julien Chaisse

Land Tenure Security In Colombia: For Whom? What For? The Relativity Of The Property Rights Regime In The Context Of Transitional Justice And Economic Globalization, Marco A. Velásquez-Ruiz

Marco A. Velásquez-Ruiz

This paper intends to illustrate current challenges around the conceptualization and articulation of land tenure security in Colombia. This situation is explained by the existence of tensions between divergent normative rationales within the country’s policy agenda. On the one hand, the implementation of a transitional justice project intended to achieve sustainable peace in the country through the compensation of victims and execution of structural adjustments in the rural side. And on the other, the systematic conclusion of international investment agreements so as to attract foreign investment by means of the provision of a stable legal environment. It is contended that …

Gaming Corporations Gamble With The Fcpa, Joseph Grusman

UNLV Gaming Law Journal

No abstract provided.

Keeping Casinos Clean: The Problem With Dirty Money And International Differences In Anti-Money Laundering Regulations For Casinos, Kerry E. Kleiman

UNLV Gaming Law Journal

No abstract provided.

The Internationalization Of Agency Actions, Jason Marisam

Fordham Law Review

U.S. agencies routinely base their domestic regulations on international considerations, such as the benefits of coordinating American and foreign standards or the foreign policy advantages of a particular policy. I refer to this phenomenon as the internationalization of agency actions. This Article examines what the internationalization of agency actions means for agency decision-making processes, institutional design, and legal doctrine. It creates a stylized model of how agencies determine whether to coordinate their standards with foreign regulations. Among other institutional design findings, it shows that court opinions that reduce the stringency of judicial review when agencies implement internationally coordinated standards make …

Restructuring A Sovereign Bond Pari Passu Work-Around: Can Holdout Creditors Ever Have Equal Treatment?, Natalie A. Turchi

Fordham Law Review

The rise of vulture fund investing in sovereign bonds has created additional hurdles to successful restructuring in an already fragile ad hoc process. Recent litigation in NML Capital, Ltd. v. Argentina has proven courts’ willingness to utilize powers of equity to enforce a ratable payment interpretation of the pari passu clause—the equal treatment provision commonly found in sovereign bond contracts—creating much uncertainty on how the ruling will affect future restructuring efforts. By looking to the tension in interpretations of the pari passu clause, discrepancies in remedial relief awarded, and international institutions’ proposed solutions, this Note analyzes the role of the …

Geoengineering: Issues Of Accountability In International Law, Erica C. Smit

Nevada Law Journal

No abstract provided.

The Discipline Of International Law In Republican China And Contemporary Taiwan, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

This Article examines the evolution of international law as a professional and intellectual discipline in the Republic of China (ROC), which has governed Mainland China (1912–1949) and post-1949 Taiwan. The ROC’s centennial development fundamentally shaped modern China’s course of foreign relations and postwar global governance. The Article argues that statism, pragmatism, and idealism define the major features of the ROC’s approach to international law. These characteristics transformed the law of nations into universally valid normative claims and prompted modern China’s intellectual focus on the civilized nation concept. First, the Article analyzes the professionalization of the discipline of international law. It …

Bond And The Vienna Rules, Roger P. Alford

Journal Articles

This Article briefly outlines the Court’s holding in Bond, and the general framework of interpretation set forth in the Vienna Rules. It then looks at Supreme Court jurisprudence that is consonant with the Vienna Rules. The Article then analyzes Bond’s interpretive approach using the Vienna Rules methodology. It concludes with reflections on the future of Supreme Court treaty interpretation and how that interpretation could avoid reaching the constitutional question of the scope of the treaty power.

Openness In International Adoption, Malinda L. Seymore

Faculty Scholarship

After a long history of secrecy in domestic adoption in the United States, there is a robust trend toward openness. That is, however, not the case with international adoption. The recent growth in international adoption has been spurred, at least in part, by the desire of adoptive parents to return to closed, confidential adoptions where the identity of the birth mother is secret and there is no ongoing contact with her. There is, however, an emergent interest in increased openness in international adoption, spurred by the success of domestic open adoptions, health concerns when an adoptee's genetic history is important, …