Discussion On Ideology And The Use Of Force,
2016
American University
Discussion On Ideology And The Use Of Force, Larman C. Wilson, John Howell, Leslie Road
Georgia Journal of International & Comparative Law
No abstract provided.
The Use Of Force In Bloc Situations,
2016
Florida State University
The Use Of Force In Bloc Situations, Ross R. Oglesby
Georgia Journal of International & Comparative Law
No abstract provided.
Transfer Of Arms To Combatants And The Control Of Force: The Arab-Israeli Case,
2016
Georgia State University
Transfer Of Arms To Combatants And The Control Of Force: The Arab-Israeli Case, David P. Forsythe
Georgia Journal of International & Comparative Law
No abstract provided.
The Legal Regulation Of Armaments And The Control Of Force,
2016
Georgetown University Law Center
The Legal Regulation Of Armaments And The Control Of Force, Adrian S. Fisher
Georgia Journal of International & Comparative Law
No abstract provided.
Discussion On The Problem Of Defining Aggression,
2016
University of Tennessee
Discussion On The Problem Of Defining Aggression, Salo Engel, James L. Taulbee
Georgia Journal of International & Comparative Law
No abstract provided.
The 25th U.N. General Assembly And The Use Of Force,
2016
University of Georgia
The 25th U.N. General Assembly And The Use Of Force, Dean Rusk
Georgia Journal of International & Comparative Law
No abstract provided.
The Legal Control Of The Use Of Force And The Definition Of Aggression,
2016
University of Maryland
The Legal Control Of The Use Of Force And The Definition Of Aggression, Donald C. Piper
Georgia Journal of International & Comparative Law
No abstract provided.
Table Of Contents,
2016
University of Georgia School of Law
Table Of Contents, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
The Role Of Arbitration In Resolving Transnational Disputes: A Survey Of Trends In The People’S Republic Of China,
2016
Penn State Law
The Role Of Arbitration In Resolving Transnational Disputes: A Survey Of Trends In The People’S Republic Of China, Catherine A. Rogers, Frederick Brown
Catherine Rogers
The purpose of this Essay is to provide investors and practitioners with a realistic overview of the strengths and limitations of international arbitration in China. Part I of this Essay provides some general comments about the economic, social, and cultural reasons why arbitration is a popular choice among both international investors and Chinese nationals. Part I concludes that arbitration can only provide a partial solution to the ills of China’s legal system. Part II examines how the observations in Part I manifest themselves in recent developments affecting arbitration in China. Part III examines the range of efforts by foreign investors …
Transparency In International Commercial Arbitration,
2016
Penn State Law
Transparency In International Commercial Arbitration, Catherine A. Rogers
Catherine Rogers
Scholars have long been making the case for expanding transparency in the international commercial arbitration system, but recently these proposals have taken on a greater sense of urgency and an apparent willingness to forcibly impose transparency reforms on unwilling parties. These new transparency advocates exhort the general public's stakehold in many issues being arbitrated, which they contend necessitates transparency reforms, including compulsory publication of international commercial arbitration awards. In this symposium essay, I begin by developing a definition of transparency in the adjucatory setting, and conceptually distinguishing from other concepts, like "public access" and "disclosure," which are often improperly treated …
When Bad Guys Are Wearing White Hats,
2016
Penn State Law
When Bad Guys Are Wearing White Hats, Catherine A. Rogers
Catherine Rogers
Allegations of ethical misconduct by lawyers have all but completely overshadowed the substantive claims in the Chevron case. While both sides have been accused of flagrant wrongdoing, the charges against plaintiffs’ counsel appear to have captured more headlines and garnered more attention. The primary reason why the focus seems lopsided is that plaintiffs’ counsel were presumed to be the ones wearing white hats in this epic drama. This essay postulates that this seeming irony is not simply an example of personal ethical lapse, but in part tied to larger reasons why ethical violations are an occupational hazard for plaintiffs’ counsel …
Regulating International Arbitrators: A Functional Approach To Developing Standards Of Conduct,
2016
Penn State Law
Regulating International Arbitrators: A Functional Approach To Developing Standards Of Conduct, Catherine A. Rogers
Catherine Rogers
Some scholars have protested that arbitrators are subject to less exacting regulation than barbers and taxidermists. The real problem with international arbitrators, however, is not that they are subject to less regulation, but that no one agrees about how they should be regulated. The primary reason for judicial and scholarly disagreement is that, instead of a coherent theory, analysis of arbitrator conduct erroneously relies on a misleading judicial referent and a methodologic failure to separate conduct standards (meaning those norms or rules that guide arbitrators' professional conduct) from enforcement standards (meaning those narrow grounds under which an arbitral award can …
The Arrival Of The "Have-Nots" In International Arbitration,
2016
Penn State Law
The Arrival Of The "Have-Nots" In International Arbitration, Catherine A. Rogers
Catherine Rogers
Much has been written about the have-nots in domestic litigation and domestic arbitration, with an apparent assumption that their fate was mainly a domestic affair. In recent years, however, internet commerce has brought consumers to the international market, an increasingly globalized workforce has generated a class of international employees, and the link between international trade and human rights has revealed a host of victims. The arrival of these 'have-nots' in international arbitration means that previously latent questions about international arbitration's integrity as a system and role as a mechanism for transnational regulatory governance have been brought to the fore. Using …
Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration,
2016
Penn State Law
Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers
Catherine Rogers
In this Article, I develop a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, I propose integrated mechanisms for making those norms both binding and enforceable. In making these proposals, I reject the classical conception of legal ethics as a purely deontological product derived from first principles. I argue, instead, that ethics derive from the interrelational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, I will demonstrate, not only …
Context And Institutional Structure In Attorney Regulation: Constructing An Enforcement Regime For International Arbitration,
2016
Penn State Law
Context And Institutional Structure In Attorney Regulation: Constructing An Enforcement Regime For International Arbitration, Catherine A. Rogers
Catherine Rogers
The question that looms large over the future of international arbitration is: How much should states yield to the international arbitration system? This Article attempts to answer the question as it applies to the specific context of regulating attorney conduct.
Transnational Law-Making: Assessing The Impact Of The Vienna Convention And The Viability Of Arbitral Adjudication,
2016
Penn State Law
Transnational Law-Making: Assessing The Impact Of The Vienna Convention And The Viability Of Arbitral Adjudication, Thomas E. Carbonneau
Thomas Carbonneau
Questions concerning the future orientation of the process are more pressing and demand a definition of the international mission and role of arbitral adjudication. Nations share the perception that national economies are no longer autonomous, that they must function within a larger global framework. The question then becomes not whether a uniform international law of sales is needed, but rather how it is to be achieved. The transnational preeminence that arbitration has gained as a remedial mechanism makes it a likely vehicle for elaborating a common law of international contracts. This article assesses the impact of the Vienna Convention upon …
Tax Liability And Inarbitrability In International Commercial Arbitration,
2016
Penn State Law
Tax Liability And Inarbitrability In International Commercial Arbitration, Thomas E. Carbonneau, Andrew W. Sheldrick
Thomas Carbonneau
This essay engages in a narrow but crucial inquiry into the limits the inarbitrability defense may now impose upon the exercise of arbitral jurisdiction. While it is assumed that matters relating directly to status and capacity, testamentary dispositions, and title to immovable property fall outside the jurisdictional reach of international arbitrators, the question becomes whether any national regulatory laws, such as tax laws, benefit from the same status of inviolability.
Terrorist Acts – Crimes Or Political Infractions? An Appraisal Of Recent French Extradition Cases,
2016
Penn State Law
Terrorist Acts – Crimes Or Political Infractions? An Appraisal Of Recent French Extradition Cases, Thomas E. Carbonneau
Thomas Carbonneau
This article examines the progression of French jurisprudence on the extradition of transnational terrorists, focusing upon the issue of whether terrorist acts can be considered legally to be political offenses and hence exempt from extradition. The analysis of this issue integrates French judicial decisions into the general context of international practice – beginning with an assessment of extradition procedures and proceeding to a discussion of the special problems raised by the application of the political offense exception. A survey of international extradition decisional law reveals that the tribunals of various countries have elaborated a series of tests by which to …
The Ballad Of Transborder Arbitration,
2016
Penn State Law
The Ballad Of Transborder Arbitration, Thomas E. Carbonneau
Thomas Carbonneau
International commercial arbitration (ICA) is many things positive. Because business transactions cannot take place without a functional system of adjudication,ICA has enabled parties to engage in and pursue international commerce. As a result, it has had an enormous impact upon the international practice of law, the structuring of a de facto international legal system, and the development of a substantive world law of commerce. In a word, ICA has been a vital engine in the creation of a transborder rule of law. Furthering this design, the arbitral "method"has even been applied to the unruly political problems that attend international trade …
The 1976 Terrorism Amendment To The Foreign Assistance Act Of 1961,
2016
Penn State Law
The 1976 Terrorism Amendment To The Foreign Assistance Act Of 1961, Thomas E. Carbonneau, Richard Lillich
Thomas Carbonneau
Key to any successful attempt to combat international terrorism is the elimination of sanctuary and safe-haven for terrorists. The United States has pressed consistently for international agreements – the anti-hijacking conventions and the Internationally Protected Persons Convention being examples – requiring States either to prosecute or extradite international terrorists found within their borders. Because its efforts to establish a "basic extradite-or-prosecute obligation" have not met with general success, the U.S. has had to consider, among other alternatives, various unilateral responses to help curb terrorist activities. One obvious response, drawing upon a wealth of domestic precedents, involves the possible invocation of …
