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2,577 full-text articles. Page 46 of 48.

Why And How To Study "Transnational" Law, Carrie Menkel-Meadow 2011 UC Irvine School of Law

Why And How To Study "Transnational" Law, Carrie Menkel-Meadow

UC Irvine Law Review

No abstract provided.


Kiyemba, Guantánamo, And Immigration Law: An Extraterritorial Constitution In A Plenary Power World, Ernesto Hernández-López 2011 Chapman University

Kiyemba, Guantánamo, And Immigration Law: An Extraterritorial Constitution In A Plenary Power World, Ernesto Hernández-López

UC Irvine Law Review

No abstract provided.


A Sui Generis Regime For Traditional Knowledge: The Cultural Divide In Intellectual Property Law, J. Janewa OseiTutu 2011 Florida International University College of Law

A Sui Generis Regime For Traditional Knowledge: The Cultural Divide In Intellectual Property Law, J. Janewa Oseitutu

Faculty Publications

To some extent, traditional knowledge can be protected under various intellectual property laws, but there is no effective international legal protection for this subject matter. This has led to proposals for a sui generis regime to protect traditional knowledge. The precise contours of the right are yet to be determined but a sui generis right could include perpetual protection. It could also result in protection for historical communal works and for knowledge that may be useful but that is not inventive according to the standards of intellectual property law.

Developing countries have been more supportive of an international traditional knowledge ...


Letting The Arbitrator Decide Unconscionability Challenges, 26 Ohio St. J. On Disp. Resol. 1 (2011), Karen H. Cross 2011 John Marshall Law School Chicago

Letting The Arbitrator Decide Unconscionability Challenges, 26 Ohio St. J. On Disp. Resol. 1 (2011), Karen H. Cross

Faculty Scholarship

This article examines how courts are allocating jurisdictional questions relating to unconscionability to the arbitrator, and assesses the approach of U.S. courts to this issue from a historical and comparative perspective. The U.S. allocation rule is evolving toward one of deference to the arbitrator, allowing the arbitrator to make an initial determination of whether there is an enforceable agreement to arbitrate. As a matter of timing, the U.S. approach is becoming more similar to that of France. Such an approach, especially in the commercial sphere, has the potential to be relatively efficient and consistent. But in the ...


Private Actors And Public Governance Beyond The State: The Multinational Corporation, The Financial Stability Board And The Global Governance Order, Larry Cata Backer 2011 Penn State Law

Private Actors And Public Governance Beyond The State: The Multinational Corporation, The Financial Stability Board And The Global Governance Order, Larry Cata Backer

Journal Articles

Transnational corporations are at the center of extraordinary and complex governance systems that are developing outside the state and international public organizations, and beyond the conventionally legitimating framework of the forms of domestic or international hard law. Though these systems are sometimes recognized as autonomous and authoritative among its members, they are neither isolated from each other nor from the states with which they come into contact. Together these systems may begin to suggest a new template for networked governance beyond the state, but one in which public and private actors are integrated stakeholders. This provides the source of the ...


Traditional Culture V. Westernization: On The Road Toward The Rule Of Law In China, haiting zhang 2011 Southern Methodist University Dedman School of Law

Traditional Culture V. Westernization: On The Road Toward The Rule Of Law In China, Haiting Zhang

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 ...


The Cathedral Rules As The Wto’S Remedy, Ashley H. Song Ms. 2011 University of Pennsylvania (2012)

The Cathedral Rules As The Wto’S Remedy, Ashley H. Song Ms.

Hyein Ashley Song Ms.

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.


Credit Arrangements, Angelo Giampietro Avv. 2011 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 ...


America Giveth, And America Taketh Away: The Fate Of Article 9 After The Futenma Base Dispute, Allen P. Mendenhall 2011 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

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 ...


Masthead, Volume 36 Issue 2 (2011) 2011 Case Western Reserve University School of Law

Masthead, Volume 36 Issue 2 (2011)

Canada-United States Law Journal

No abstract provided.


Judging Aggression, Noah Weisbord 2011 Florida International University College of Law

Judging Aggression, Noah Weisbord

Faculty Publications

One of the most polarizing debates in international law is how the goal of peace should figure into the work of international criminal tribunals. The freshly minted crime of aggression lands the judges of the International Criminal Court in the middle of the peace versus justice dilemma and will challenge the court to prove its value for advancing peace in appropriate circumstances while building the rule of law and maintaining its legitimacy.

This article, the final installment in the author's trilogy on the crime of aggression, explores the gaps, ambiguities and contradictions woven into the definition of the crime ...


Rehabilitating Territoriality In Human Rights, Austen L. Parrish 2011 Indiana University Maurer School of Law

Rehabilitating Territoriality In Human Rights, Austen L. Parrish

Articles by Maurer Faculty

For many years, territorial principles anchored an international system organized around nation-states. Recently, however, the human rights movement has sought to change the state-centric focus of international law and overcome the limitations of a system where the territorial state is the primary actor. The field of human rights has promoted a new legal orthodoxy that places the person at the center of the international legal system. Within this orthodoxy, non-state actors play a prominent role, unilateral domestic lawsuits are promoted, and territorial borders give way when necessary for humanitarian intervention. In contrast, territorial conceptions of international law are viewed as ...


Do You Mind My Smoking? Plain Packaging Of Cigarettes Under The Trips Agreement, 10 J. Marshall Rev. Intell. Prop. L. 450 (2011), Alberto Alemanno, Enrico Bonadio 2011 John Marshall Law School

Do You Mind My Smoking? Plain Packaging Of Cigarettes Under The Trips Agreement, 10 J. Marshall Rev. Intell. Prop. L. 450 (2011), Alberto Alemanno, Enrico Bonadio

The John Marshall Review of Intellectual Property Law

Plain packaging, a new tobacco control tool that a growing number of countries are considering, mandates the removal of all attractive and promotional aspects of tobacco product packages. As a result of plain packaging, the only authorized feature remaining on a tobacco package is the use of the brand name, displayed in a standard font, size, colour and location on the package. In opposing this new strategy, the tobacco industry is particularly keen on emphasizing the uselessness of plain packaging in reducing smoking rates and its incompatibility with trade mark provisions of international treaties. In particular, the tobacco industry and ...


The Reason Behind The Rules: From Description To Normativity In International Criminal Procedure, Noah Weisbord 2011 Florida International University College of Law

The Reason Behind The Rules: From Description To Normativity In International Criminal Procedure, Noah Weisbord

Faculty Publications

As the International Criminal Court (ICC) continues to mature in its practices, it provokes discussion on whether the comfortable framework of adversarial and inquisitorial systems should be used to evaluate an institution that exists in a fundamentally different context from that of national criminal justice systems. In order to avoid entangling the ICC in rules that are not tailored to fit its specific goals and institutional context, the normative purposes underlying procedural rules derived from domestic institutions should be reexamined.

This article draws out basic principles that may be of use in reexamining the reasoning behind the rules of procedure ...


On The Evolution Of The United Nations’ 'Protect-Respect-Remedy' Project: The State, The Corporation And Human Rights In A Global Governance Context, Larry Cata Backer 2011 Penn State Law

On The Evolution Of The United Nations’ 'Protect-Respect-Remedy' Project: The State, The Corporation And Human Rights In A Global Governance Context, Larry Cata Backer

Journal Articles

The advent of contemporary economic globalization has substantially altered the regulatory environment in which economic enterprises operate. Once assumed to be creatures of the states that recognized and regulated their existence, economic enterprises today are increasingly capable of arranging their activities beyond the regulatory scope of any state or groups of states. That gap between operational and regulatory capacity has produced a sustained reaction at the national and international levels. States have sought to extend their power over corporations beyond their borders. International organizations have sought to develop supra national legal governance frameworks. This paper examines one of the more ...


Morrison, The Effects Test, And The Presumption Against Extraterritoriality: A Reply To Professor Dodge, Austen L. Parrish 2011 Indiana University Maurer School of Law

Morrison, The Effects Test, And The Presumption Against Extraterritoriality: A Reply To Professor Dodge, Austen L. Parrish

Articles by Maurer Faculty

No abstract provided.


Volume 36 Issue 2 (2011), Canada-United States Law Journal 2011 Case Western Reserve University School of Law

Volume 36 Issue 2 (2011), Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.


Masthead, Volume 35 (2011) 2011 Case Western Reserve University School of Law

Masthead, Volume 35 (2011)

Canada-United States Law Journal

No abstract provided.


Volume 35, Canada-United States Law Journal 2011 Case Western Reserve University School of Law

Volume 35, Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.


The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson 2011 Case Western Reserve University School of Law

The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson

Faculty Publications

Third-party litigation finance is a growing industry. The practice, also termed “litigation lending,” allows funders with no other connection to the lawsuit to invest in a plaintiff’s claim in exchange for a share of the ultimate recovery. Most funding agreements have focused on domestic litigation in Australia, the United Kingdom, and the United States. However, the industry is poised for growth worldwide, and the recent environmental lawsuit brought by Ecuadorian plaintiffs against Chevron demonstrates that litigation funding is also beginning to play a role in transnational litigation.

This article, prepared for a symposium on “International Law in Crisis,” speculates ...


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