America Giveth, And America Taketh Away: The Fate Of Article 9 After The Futenma Base Dispute, 2010 Huntingdon College; Faulkner University; Supreme Court of Alabama
America Giveth, And America Taketh Away: The Fate Of Article 9 After The Futenma Base Dispute, Allen P. Mendenhall
This Article considers how the Obama administration’s policies toward Japan implicate Article 9 of the Japanese Constitution. More specifically, it argues that the Futenma base dispute (as it has come to be known) jeopardizes the very existence of Article 9 by threatening to render it moot and by expanding the already expansive interpretations of Article 9. Part I provides a brief history of the Futenma base dispute during the Obama years, and Part II explains the effects of the Futenma base dispute on Article 9. More specifically, Part II contextualizes the Futenma issue by way of the legislative and ...
The Cathedral Rules As The Wto’S Remedy, 2010 University of Pennsylvania (2012)
The Cathedral Rules As The Wto’S Remedy, Ashley H. Song Ms.
Ashley Malei Hyein Song
Coase’s assumption of zero transaction cost is not realistic in the WTO; it bears substantive amount of transaction costs. Unlike Coase, Calabresi and Melamed, in their article of “Property Rules, Liability Rules, and Inalienability: One View of the Cathedral,” endogenously admit that transaction cost exists and utilize it for the application of a property and liability rule. I would like to apply the property, liability, and inalienability rules to the WTO– mainly, to the wrongful acts of the WTO members– and which remedy according to which rule can be effectual or reach the welfare maximization in Pareto Optimal.
The Meaning Of Religious Symbols After The Grand Chamber Judgment In Lautsi V. Italy, 2010 University of London - King's College
The Meaning Of Religious Symbols After The Grand Chamber Judgment In Lautsi V. Italy, Hin-Yan Liu
This Comment concerns whether there now exists a Member State parallel to the individual right to thought, conscience and religion under Article 9 and analyses the consistency of this potential development with the existing jurisprudence mandating state neutrality and impartiality. This Comment then considers the similarities and differences between manifesting a belief and symbolic speech, and the consequentially permissible restrictions that may be imposed. It will conclude by suggesting that the Grand Chamber erred in its determination of the crucifix as ‘an essentially passive symbol’ in its failure to consider this question holistically.
Traditional Culture V. Westernization: On The Road Toward The Rule Of Law In China, 2010 Southern Methodist University Dedman School of Law
Traditional Culture V. Westernization: On The Road Toward The Rule Of Law In China, Haiting Zhang
Meaningful studies on China cannot ignore traditional Chinese culture and its influence in the country. A study of the rule of law of China is no exception. Generally speaking, China is not governed primarily by the rule of law. China has traditionally been an agrarian state—a characteristic that has historically fostered a strong family system. China’s agrarian nature also shaped traditional characteristics of Chinese culture in which rule of law is largely non-existent. Historically, the rule of man, a traditional Chinese value, has served as one of the major obstacles to China achieving legal modernization. Substantial legal westernization ...
Credit Arrangements, 2010 UPO Seville (PhD c.)
Credit Arrangements, Angelo Giampietro Avv.
Angelo Giampietro Avv.
International trade transactions can be regulated for their payment in various ways: by means of letters of credit or by cash and kind. Therefore, credit arrangements are a common and protection against risk solution. One of the most important challenges for traders involved in a transaction is to secure financing so that the transaction may actually take place. The faster and easier is the process of financing an international transaction, the more trade will be facilitated. The method of payment is crucial for the decision about the opportunity of the trading. Therefore, the arrangements for credit in international trade, play ...
42 U.S.C. § 1983: A Legal Vehicle With No International Human Rights Treaty Passengers, 2010 The Law Offices of Matthew J. Jowanna
42 U.S.C. § 1983: A Legal Vehicle With No International Human Rights Treaty Passengers, Matthew J. Jowanna
University of New Hampshire Law Review
[Excerpt] “How do international human rights treaties interact with the domestic civil rights law of the United States and, particularly, 42 U.S.C. § 1983? How should international human rights treaties interact with the domestic civil rights law of the United States? ―International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination. The United States is obligated to respect the international treaties it ratifies, whether they are fully implemented in domestic law or not ...
Enforcing International Corrupt Practices Law, 2010 Duke University Law School
Enforcing International Corrupt Practices Law, Paul D. Carrington
Michigan Journal of International Law
This Essay strives to advance the current international movement to deter the transnational corrupt practices that have long burdened the global economy and weakened governments, especially in "developing" nations. Laws made in the last decade to address this longstanding global problem have not been effectively enforced. Described here are the moderately successful efforts in the United States since 1862 to reward private citizens serving as enforcers of laws prohibiting corrupt practices. It is suggested that this American experience might be adapted by international organizations to enhance enforcement of the new public international laws.
The Inconvenience Of A “Constitution [That] Follows The Flag … But Doesn’T Quite Catch Up With It”: From Downes V. Bidwell To Boumediene V. Bush, 2010 University of Florida Levin College of Law
The Inconvenience Of A “Constitution [That] Follows The Flag … But Doesn’T Quite Catch Up With It”: From Downes V. Bidwell To Boumediene V. Bush, Pedro A. Malavet
UF Law Faculty Publications
Boumediene v. Bush, resolved by the U.S. Supreme Court in June of 2008, granted habeas corpus rights, at least for the time being, to the persons detained at Guantanamo Bay Naval Station. The majority partially based its ruling on the doctrine of the Insular Cases, first set forth in the 1901 decision in Downes v. Bidwell. Additionally, the four dissenting justices agreed with the five in the majority that the plurality opinion of Justice Edward Douglass White in Downes – as affirmed by a unanimous court in 1922 in Balzac v. People of Porto Rico – is still the dominant interpretation ...
Promise Against Peril: Of Power, Purpose, And Principle In International Law, 2010 Cornell Law School
Promise Against Peril: Of Power, Purpose, And Principle In International Law, Robert C. Hockett
Cornell Law Faculty Publications
I take two recent monographs on international law – Mary Ellen O’Connell’s "The Power and Purpose of International Law," and Eric Posner’s "The Perils of Global Legalism," as case studies in a more general inquiry into the role of the "rule of law" ideal in domestic and international law. I argue that international and domestic law alike give varyingly explicit and effective expression to the rule of law ideal, and that the task before us is accordingly steadily to improve their effectiveness in so doing, not to pretend that there is no role for this ideal to play ...
Applicable Law To Marine Insurance Contract And P&I Club, From The Spanish Perspective, 2010 UPO Seville (PhD c.)
Applicable Law To Marine Insurance Contract And P&I Club, From The Spanish Perspective, Angelo Giampietro
Angelo Giampietro Avv.
El régimen jurídico del contrato de Seguros Marítimo es complejo y no uniforme. El problema a lo que nos enfrontamos es que los legisladores de los diferentes países tienen interpretaciones diferentes sobre eso tema. El objetos de éste trabajo es de realizar algunas consideraciones sobre la ley aplicable en un contrato de seguros marítimo internacional o con elementos internacionales, tratando el Seguro P&I (Protección e Indemnizan). La tesis formulada es, pues, la fuerza vinculante de la autonomía de la voluntad de las partes, como ley aplicable al contrato de seguro marítimo El resultado y conclusión de esta investigación nos ...
Direitos Humanos De Alteridade: Provocações Estéticas Para Uma Hermenêutica Neoconstitucional, 2010 Instituto de Ensino Superior da Grande Florianópolis
Direitos Humanos De Alteridade: Provocações Estéticas Para Uma Hermenêutica Neoconstitucional, Sérgio Ricardo Aquino
Sérgio Ricardo Fernandes de Aquino
The proposition of this paper lies in understanding the importance of Human Rights of Otherness and how your speech must be (re) invented in the twenty-first century to become a source of protection for people to do this at the time of change, especially cultural. Human development cannot be dissociated from the meaning of each singular life. To live and implement these times of aesthetic and ethical arguments, it’s necessary to find values which guide the journey of each human being for what is good. People cannot spread humanitarian actions disguised as mere assistance. The problem needs to be ...
Expanding The Nafta Chapter 19 Dispute Settlement System: A Way To Declaw Trade Remedy Laws In A Free Trade Area Of The Americas?, 2010 University of Florida Levin College of Law
Expanding The Nafta Chapter 19 Dispute Settlement System: A Way To Declaw Trade Remedy Laws In A Free Trade Area Of The Americas?, Stephen J. Powell
UF Law Faculty Publications
Chapter 19 of the NAFTA transfers judicial review of U.S., Canadian, and Mexican government investigations under the controversial anti-dumping and countervailing duty (AD/CVD) laws from national courts to binational panels of private international law experts. The system stands as a unique surrender of judicial sovereignty to an international body, a hybrid of national courts and international dispute settlement with as yet no parallel in the world of international trade or other international law regimes. Binational panel decisions have been controversial because agencies chafe at their intimate examination of agency findings and supporting evidence. Panels also are viewed as ...
Zoya's Standing Problem, Or, When Should The Constitution Follow The Flag?, 2010 Southern Methodist University Dedman School of Law
Zoya's Standing Problem, Or, When Should The Constitution Follow The Flag?, Jeffrey Kahn
Michigan Law Review
Some federal courts have devised a new test of prudential standing that they use to dismiss suits filed by foreign plaintiffs alleging unlawful conduct by American officials abroad, even when these cases involve matters that may have nothing to do with foreign affairs, national security, or terrorism. Rather than decide the case on its merits or dismiss it on any number of legitimate grounds, the complaint is dismissed because the plaintiff lacks a "prior substantial connection" to the United States. I identify and critique this strange but proliferating test of standing. First, it is inconsistent with any theoretical view of ...
Stimulating The Stimulus: U.S. Controlled Subsidiaries And I.R.C. 965, 2010 Boston College Law School
Stimulating The Stimulus: U.S. Controlled Subsidiaries And I.R.C. 965, Matthew Jerome Mauntel
Boston College International and Comparative Law Review
Recently, there has been much debate about how and when to balance the federal budget. Economists have examined how to safely raise taxes without stifling crucial growth in a fragile economic climate. This Note argues that a method already exists for tapping additional, secure sources of funding, namely the taxation of repatriated earnings from foreign subsidiaries. The Note explores the advantages and disadvantages of reenacting a tax break on foreign profits returning to the U.S. and concludes that the reenactment of this tax break coupled with major revision of the tax code will improve the taxation of U.S ...
Internet Filtering: The Ineffectiveness Of Wto Remedies And The Availability Of Alternative Tort Remedies, 28 J. Marshall J. Computer & Info. L. 273 (2010), Kristen A. Knapp
The John Marshall Journal of Information Technology & Privacy Law
Empirical studies have shown that government Internet filtering is increasing worldwide. Internet Service Providers have progressively begun to take on filtering responsibility in a quasi-governmental capacity. As filtering has increased, some have begun to question whether Internet filtering might violate WTO commitments under the General Agreement on Trade in Services (“GATS Agreement”). This paper will provide technical background on how Internet filtering is accomplished in practice, and explain the GATS Agreement that was held to govern Internet filtering in the U.S.-Gambling Services decision. This paper will further survey the current range of U.S. filtering actions and detail ...
Duplicative Foreign Litigation, 2010 Indiana University Maurer School of Law
Duplicative Foreign Litigation, Austen L. Parrish
Articles by Maurer Faculty
What should a court do when a lawsuit involving the same parties and the same issues is already pending in the court of another country? With the growth of transnational litigation, the issue of reactive, duplicative proceedings - and the waste inherent in such duplication - becomes a more common problem. The future does not promise change. In a modern, globalized world, litigants are increasingly tempted to forum shop among countries to find courts and law more favorably inclined to them than their opponents.
The federal courts, however, do not yet have a coherent response to the problem. They apply at least ...
Transnational Litigation And Institutional Choice, 2010 Case Western Reserve University School of Law
Transnational Litigation And Institutional Choice, Cassandra Burke Robertson
When U.S. corporations cause harm abroad, should foreign plaintiffs be allowed to sue in the United States? Federal courts are increasingly saying no. The courts have expanded the doctrines of forum non convenes and prudential standing to dismiss a growing number of transnational cases. This restriction of court access has sparked considerable tension in international relations, as a number of other nations view such dismissals as an attempt to insulate U.S. corporations from liability. A growing number of countries have responded by enacting retaliatory legislation that may ultimately harm U.S. interests. This article argues that the judiciary ...
Identity, Effectiveness, And Newness In Transjudicialism's Coming Of Age, 2010 University of Ottawa
Identity, Effectiveness, And Newness In Transjudicialism's Coming Of Age, Mark Toufayan
Michigan Journal of International Law
This Article attempts to expose and problematize the ideological connections and normative commitments between these theoretical explanations of effectiveness and the pragmatic process-oriented proposals made in the 1990s when the United Nations was searching for ways to renew the discipline of international human rights law while avoiding the dual risks of politicization and Third World normative fragmentation. The liberal theory of effective supranational adjudication was the culmination of decade-long efforts by American liberal internationalists to provide a theoretical basis for and programmatic proposals towards achieving a more "effective" international human rights regime. Their theory aims at structuring the interface between ...
Promoting Distributional Equality For Women: Some Thoughts On Gender And Global Corporate Citizenship In Foreign Direct Investment, 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law
Promoting Distributional Equality For Women: Some Thoughts On Gender And Global Corporate Citizenship In Foreign Direct Investment, Rachel J. Anderson
This essay applies a legal theory of global corporate citizenship to the question of women’s distributional equality in foreign direct investment. It proposes ways that a legal theory of mandatory global corporate citizenship can expand the ways we think about regulating transnational corporations and promoting gender equality.
The Challenge Of Interpreting 'Wto-Plus' Provisions, 2010 Wayne State University
The Challenge Of Interpreting 'Wto-Plus' Provisions, Julia Ya Qin
Law Faculty Research Publications
This paper seeks to address special interpretive issues raised by the China Accession Protocol, focusing on provisions that prescribe more stringent rules for China than generally applicable WTO disciplines. These ‘WTO-plus’ provisions have already been involved in several WTO disputes. In the light of these disputes, the paper analyzes the interpretive challenge presented by the Protocol and suggests that, to meet the challenge, WTO adjudicators need to embrace a more holistic and systemic interpretive approach. The paper then proposes three working principles that may help to interpret the WTO-plus provisions of the Protocol in a coherent and systematic manner.