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Enforcement Of Foreign Arbitration Agreements And Awards: Application Of The New York Convention In The United States, Louis Del Duca, Nancy A. Welsh 2014 Texas A&M University School of Law

Enforcement Of Foreign Arbitration Agreements And Awards: Application Of The New York Convention In The United States, Louis Del Duca, Nancy A. Welsh

Faculty Scholarship

Internationalc ommercial arbitrationp rovides customized and efficient resolution for disputes arising out of transnational commerce. When arbitration occurs in states that have ratified the New York Convention, the process also offers enforceable outcomes even in states other than the one where the arbitration occurred. The United States ratified the New York Convention in 1970, and its courts overwhelmingly enforce both arbitration agreements and arbitral awards. There are exceptions, however, and American courts require the use of certain procedures.

This Article provides a brief survey of American courts' recognition and enforcement of foreign arbitration agreements and arbitral awards. It begins by …


Voting Across The Sea: The Politics Of French Nationals In Morocco, Sydney France 2014 SIT Study Abroad

Voting Across The Sea: The Politics Of French Nationals In Morocco, Sydney France

Independent Study Project (ISP) Collection

The goal of this paper is to explore the way French nationals in Morocco continue to participate in French politics even though they no longer live in French territory. The research examines three organizations that are based in Morocco and participated in French elections in May 2014. They are the Union de Français de l’Etranger, Français du Monde and UMP Maroc. The paper examines how these organizations interact with French nationals in Morocco and how these organizations interact with the French government. The paper determines that Union de Français de l’EtrangerCasablancaand Français du Monde Maroc are different from political parties …


New Hactivists And The Old Concept Of Levee En Masse, Christopher Waters 2014 University of Windsor

New Hactivists And The Old Concept Of Levee En Masse, Christopher Waters

Dalhousie Law Journal

The purpose of this article is to contribute to the continuing debate over the relevance of International Humanitarian Law (IHL) to cyberwar It does so by taking what is often said to be a particularly archaic aspect of IHL, the French Revolutionary notion of levee en masse, and asking whether the concept could have relevance in the cyber context. The article treats levee en masse as a litmus test for the law's relevance; if this IHL "relic" could have relevance in the cyber context, then the continued relevance of the larger body of rules should also be less doubtful.


Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry 2014 Penn State Dickinson Law

Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry

Faculty Scholarly Works

The ABA Commission on Ethics 20/20 was established in order to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global legal practice developments.” The thesis of this article is that the Commission was much more successful with the “technology” aspect of its work than it was with the globalization aspect of its work. This article offers an explanation for these differing levels of success and identifies an alternative path the Commission might have taken that might have led to greater success …


Customary International Law (Cil) And Jus Cogens In An Expanded International Community: Reflection On The Evolution Of International Crimes Subject To Universal Jurisdiction From Third World Perspective, Eberechi Ifeonu 2014 University of British Columbia

Customary International Law (Cil) And Jus Cogens In An Expanded International Community: Reflection On The Evolution Of International Crimes Subject To Universal Jurisdiction From Third World Perspective, Eberechi Ifeonu

Eberechi Ifeonu

For the African region, universal jurisdiction has become the new face of imperialism. This accusation rests essentially on the increasing expansion in the scope of crimes subject to universal jurisdiction. This paper examines international criminalisation process, with particular focus on the two doctrinal pillars on which the principle’s expansion is predicated – the doctrines of customary international law and jus cogen. It questions the deductive approach currently adopted by some scholars, including some judges of international tribunals, in their determination of the existence of states consent in respect of the emergence of these crimes, as opposed to the traditional …


Preliminayr Study On The Advisory Jurisdiction Of International Criminal Court, Ying Yang 2014 SelectedWorks

Preliminayr Study On The Advisory Jurisdiction Of International Criminal Court, Ying Yang

Ying Yang

The Rome Statute and the Regulations of the International Criminal Court stipulate the very detailed contentious jurisdiction, but the Advisory Jurisdiction are not mentioned. Advisory jurisdiction, as the complement of the contentious jurisdiction, not only provides the other aspect support of legal basis for the settlement of international disputes, but also provides a new way of legal remedies for the statutory advisory qualified international organizations and other subjects of international law. Therefore, I try to suggest that the International Criminal Court can establish an Advisory Committee that includes two parts, one part is the Advisory Committee on Legal Texts, the …


A Comparative Study Of Social And Economic Rights Of Asylum Seekers And Refugees In The United States And The United Kingdom, Bobana Ugarkovic 2014 University of Georgia School of Law

A Comparative Study Of Social And Economic Rights Of Asylum Seekers And Refugees In The United States And The United Kingdom, Bobana Ugarkovic

Georgia Journal of International & Comparative Law

No abstract provided.


International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. McDonald 2014 University of Georgia School of Law

International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. Mcdonald

Georgia Journal of International & Comparative Law

No abstract provided.


International Norms In Constitutional Law, Michael Wells 2014 University of Georgia School of Law

International Norms In Constitutional Law, Michael Wells

Georgia Journal of International & Comparative Law

No abstract provided.


The Use Of International Sources In Constitutional Opinion, Daniel Bodansky 2014 University of Georgia School of Law

The Use Of International Sources In Constitutional Opinion, Daniel Bodansky

Georgia Journal of International & Comparative Law

No abstract provided.


A Constitution For An Enlarged Europe, Manuel Medina Ortega 2014 Universidad Complutense, Madrid

A Constitution For An Enlarged Europe, Manuel Medina Ortega

Georgia Journal of International & Comparative Law

No abstract provided.


Flights Of Fancy And Fights Of Fury: Arbitration And Adjudication Of Commercial And Political Disputes In International Aviation, Paul S. Dempsey 2014 McGill University

Flights Of Fancy And Fights Of Fury: Arbitration And Adjudication Of Commercial And Political Disputes In International Aviation, Paul S. Dempsey

Georgia Journal of International & Comparative Law

No abstract provided.


Interpreting Force Authorization, Scott Sullivan 2014 LSU Law Center / Strauss Center (UT-Austin)

Interpreting Force Authorization, Scott Sullivan

Scott Sullivan

This Article presents a theory of authorizations for the use of military force (AUMFs) that reconcilesseparation of power failures in the current interpretive model. Existing doctrine applies the same text-driven models of statutory interpretation to AUMFs that are utilized with all other legal instruments. However, the conditions at birth, objectives and expected impacts underlying military force authorizations differ dramatically from typical legislation. AUMFs are focused but temporary corrective interventions intended to change the underlying facts that prompted their passage. This Article examines historical practice and utilizes institutionalist principles to develop a theory of AUMF decay that eschews text in favor …


The U.N. Conference On The Illicit Trade Of Small Arms And Light Weapons: An Exercise In Futility, Bobby L. Scott 2014 University of Georgia School of Law

The U.N. Conference On The Illicit Trade Of Small Arms And Light Weapons: An Exercise In Futility, Bobby L. Scott

Georgia Journal of International & Comparative Law

No abstract provided.


Innocence Snatched: A Call For A Multinational Response To Child Abduction That Facilitates Sexual Exploitation, Shawronda Higgins-Thornton 2014 University of Georgia School of Law

Innocence Snatched: A Call For A Multinational Response To Child Abduction That Facilitates Sexual Exploitation, Shawronda Higgins-Thornton

Georgia Journal of International & Comparative Law

No abstract provided.


Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans 2014 University of Georgia School of Law

Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans

Georgia Journal of International & Comparative Law

No abstract provided.


Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, Ralph Ruebner 2014 John Marshall Law School

Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, Ralph Ruebner

Georgia Journal of International & Comparative Law

No abstract provided.


Procreating From Prison: Evaluating British Prisoners' Right To Artificially Inseminate Their Wives Under The United Kingdom's New Human Rights Act And The 2001 Mellor Case, PollyBeth Proctor 2014 University of Georgia School of Law

Procreating From Prison: Evaluating British Prisoners' Right To Artificially Inseminate Their Wives Under The United Kingdom's New Human Rights Act And The 2001 Mellor Case, Pollybeth Proctor

Georgia Journal of International & Comparative Law

No abstract provided.


A Cautionary Tale: Examining The Use Of Military Tribunals By The United States In The Aftermath Of The September 11 Attacks In Light Of Peru's History Of Human Rights Abuses Resulting From Similar Measures, Jim Davis 2014 University of Georgia School of Law

A Cautionary Tale: Examining The Use Of Military Tribunals By The United States In The Aftermath Of The September 11 Attacks In Light Of Peru's History Of Human Rights Abuses Resulting From Similar Measures, Jim Davis

Georgia Journal of International & Comparative Law

No abstract provided.


Revamping International Securites Laws To Break The Financial Infrastructure Of Global Terrorism, Sireesha Chenmolu 2014 University of Georgia School of Law

Revamping International Securites Laws To Break The Financial Infrastructure Of Global Terrorism, Sireesha Chenmolu

Georgia Journal of International & Comparative Law

No abstract provided.


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