Transnational Law Commons^™

The Multinational Corporation Regulatory Guidebook, Rhond R. Roth

Georgia Journal of International & Comparative Law

No abstract provided.

The Role Of Law And Lawyers Under The New Multilateral Trade Agreements, Robert E. Herzstein

Georgia Journal of International & Comparative Law

No abstract provided.

A Framework For A Formal Sovereign Debt Restructuring Mechanism: The Kiss Principle (Keep It Simple, Stupid) And Other Guiding Principles, Charles W. Mooney Jr.

All Faculty Scholarship

Given the ongoing work on a multilateral restructuring process for sovereign debt in the UN, consideration of the content and implementation of a sovereign debt restructuring mechanism (SDRM) is timely. The framework and content of the SDRM proposed here differs from earlier proposals in several important respects. For the classification and supermajority voting of claims in the approval a restructuring plan, it would mimic the structure and operation of the model collective action clauses (Model CACs) proposed by the International Capital Markets Association. Restructuring under a qualified sovereign debt restructuring law (QSDRL) would be guided by four principles: (i) observe …

On Territoriality And International Investment Law: Applying China's Investment Treaties To Hong Kong And Macao, Odysseas G. Repousis

Michigan Journal of International Law

To date, investor-state tribunals have been preoccupied with a range of issues revolving around the territorial application (territoriality) of international investment agreements (IIAs). The importance, as well as the various forms such issues take, has recently been highlighted in the decision of the Singapore High Court (SGHC) in Laos v. Sanum. In this case, the SGHC was asked by Laos to set aside an earlier arbitral award (in Sanum v. Laos), filed by a Macanese legal entity and rendered under the China-Laos bilateral investment treaty (BIT). In approaching the matter, the SGHC set aside the award on the grounds that …

Measuring Land Rights For A Sustainable Future, Kaitlin Y. Cordes, Jeffrey D. Sachs

Columbia Center on Sustainable Investment Staff Publications

Land rights, both for individuals and for communities, are critical for achieving sustainable development. Security of land tenure and other rights to the land (sometimes held communally rather than individually) can accelerate poverty reduction, strengthen food security, and empower women. Land rights can reduce resource conflicts, as well as encourage the responsible use of natural resources. As the UN member countries begin to implement the new Sustainable Development Goals (SDGs), they should keep land rights in their focus, and measure and protect land rights in order to achieve the SDGs.

The Extraterritorial Reach Of Sovereign Debt Enforcement, 12 Berkeley Bus. L.J. 111 (2015), Karen H. Cross

Karen Halverson Cross

A significant barrier to enforcing sovereign debt obligations in U.S. court has been finding and attaching non-immune assets of the foreign sovereign debtor. In June 2014, the U.S. Supreme Court issued decisions in litigation between Argentina and hedge fund NML Capital that will significantly benefit creditors in the enforcement process. In one decision, the Court affirmed an order to compel banks to provide information as to how Argentina moves its monetary assets around the world, finding that the U.S. Foreign Sovereign Immunities Act (FSIA) does not limit a court's power to order post-judgment discovery. In the other decision, the Court …

The Emerging Restrictions On Sovereign Immunity: Peremptory Norms Of International Law, The U.N. Charter, And The Application Of Modern Communications Theory, Winston Nagan, Joshua Root

Winston P Nagan

The article provides a fresh re-examination of the conceptual foundations of the sovereign immunity doctrine in the light of the changing character of sovereignty itself. This is done in the context of the changing expectations in international law generated by the UN Charter, and the development of human rights and humanitarian law. The article applies the innovative communications theories generated by the New Haven School to provide a more realistic and relevant approach to the issue of international law-making in this area. The article provides an overview of the emergence of changed expectations relating to the restrictions on the scope …

Resolving Property Claims In A Post-Socialist Cuba, Kern Alexander, Jon L. Mills

Jon L. Mills

This Article analyzes some of the major Cuban and international legal issues confronting U.S. and Cuban claimants whose property was expropriated by the Cuban government. Part II reviews the history of the Cuban nationalizations and examines the historical development of the property protection provisions of the Cuban Constitution. Part III analyzes the implications of deciding which Cuban legal system should apply to the claims of expropriated property owners.

Part IV discusses the legal and procedural barriers to recovering expropriated property, focusing upon international law of claimant eligibility, abandonment of property, and compensation to expropriated investors. This Part also analyzes both …

Law, Culture, And Equality - Human Rights' Influence On Domestic Norms: The Case Of Women In The Americas, Berta E. Hernández-Truyol

Berta E. Hernández-Truyol

This essay originated with a panel on Alternatives to the Regular Courts that took place during the first Legal and Policy Issues in the Americas conference sponsored by the University of Florida Levin College of Law. Some of the possible alternatives to the courts, in the trade field, that have been discussed include mediation, arbitration, constitutional courts and binational dispute panels. This essay reflects upon another alternative to domestic courts that progressively and increasingly is also being invoked in the trade context: international and regional human rights regimes. I specifically will review the Inter-American Human Rights System to ascertain the …

The Guatemala Protocol, Robert P. Boyle

Akron Law Review

"The story of the 1971 revision of the Warsaw Convention which is contained in the Guatemala Protocol, begins with denunciation by the United States of the Warsaw Convention in November of 1965. The United States was motivated in taking that action at that time by a number of circumstances."

The author of this article represented the United States government in talks concerning amending the Warsaw Convention to increase airline liability limits.

Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, 7 Nw. J. Int'l L. & Bus. 433 (1986), William B.T. Mock

William B.T. Mock

No abstract provided.

International Activity And Domestic Law, Adam I. Muchmore

Adam I. Muchmore

This essay explores the ways States use their domestic laws to regulate activities that cross national borders. Domestic-law enforcement decisions play an underappreciated role in the development of international regulatory policy, particularly in situations where the enforcing State's power to apply its law extraterritorially is not contested. Collective action problems suggest there will be an undersupply of enforcement decisions that promote global welfare and an oversupply of enforcement decisions that promote national welfare. These collective action problems may be mitigated in part by government networks and other forms of regulatory cooperation.

Strategic Delegation, Discretion, And Deference: Explaining The Comparative Law Of Administrative Review, Jud Mathews, Nuno M. Garoupa

Jud Mathews

This paper offers a theory to explain cross-national variation in administrative law doctrines and practices. Administrative law regimes vary along three primary dimensions: the scope of delegation to agencies, agencies’ exercise of discretion, and judicial practices of deference to agencies. Working with a principal-agent framework, we show how cross-national differences in institutions’ capacities and the environments they face encourage the adoption of divergent strategies that lead to a variety of distinct, stable, equilibrium outcomes. We apply our model to explain patterns of administrative law in the United States, Germany, France, and Commonwealth jurisdictions.

Elusive Peace, Security, And Justice In Post-Conflict Guatemala: An Exploration Of Transitional Justice And The International Commission Against Impunity In Guatemala (Cicig), Daniel W. Schloss

Electronic Thesis and Dissertation Repository

Guatemala has, until today, struggled to achieve security and justice following the end of nearly half a century of civil war in 1996. One specific institution, the International Commission Against Impunity in Guatemala (CICIG), has been implemented to rectify many of the Guatemalan state’s difficulties in establishing and maintaining the rule of law. In this thesis, I look to better explain CICIG’s role in Guatemala relative to security and justice in a post-conflict setting: I define CICIG as an institution potentially capable of building societal trust, and I explain how the inclusion of procedural justice within transitional justice can help …

Nuclear Powered Satellites: The U.S.S.R. Cosmos 954 And The Canadian Claim, Eilene Galloway

Akron Law Review

“On January 24, 1978 the Soviet satellite, Cosmos 954, fell from outer space and entered Canada's airspace. The component parts of this nuclear powered satellite disintegrated and scattered radioactive debris over northwest Canada in an area the size of Austria. Fear of a nuclear explosion and unknown hazards to the environment evoked worldwide alarm. This incident set in motion a variety of studies analyzing one of the most unique multidisciplinary problems created by the use and exploration of outer space. These continuing studies of nuclear power for satellites will lead to decisions of global significance. There is an opportunity to …

A Hydrogeological Approach To The Status Of Transboundary Ground Water Resources Under International Law [Abstract], Gabriel Eckstein, Yoram Eckstein

Gabriel Eckstein

2 pages. Contains footnotes.

Setting Standards: Should The Federal Circuit Give Greater Deference To Decisions Of The U.S. Court Of International Trade In International Trade Cases?, 36 J. Marshall L. Rev. 721 (2003), Mark E. Wojcik, Lawrence Friedman

Mark E. Wojcik

No abstract provided.

International Health Law, International Travel Restrictions, And The Human Rights Of Persons With Aids And Hiv, 1 Touro J. Transnat'l L. 285 (1990), Michael L. Closen, Mark E. Wojcik

Mark E. Wojcik

No abstract provided.

Consular Notification For Dual Nationals, 38 S. Ill. U. L.J. 73 (2013), Mark E. Wojcik

Mark E. Wojcik

In a case against the United States brought before the International Court of Justice (ICJ), Mexico sought to protect the rights of fifty-four Mexican nationals who had been arrested in the United States for various crimes and put on trial without being informed of their rights under the Vienna Convention on Consular Relations (VCCR). These fifty-four Mexican nationals all faced the death penalty in various states of the United States. Shortly after filing its case in Avena and Other Mexican Nationals, however, Mexico dropped from the case one Mexican national who was also a citizen of the United States. The …

Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig

Seattle University Law Review

Ocean fisheries and marine aquaculture are an important but often overlooked component of world food security. For example, of the seven billion (and counting) people on the planet, over one billion depend on fish as their primary source of protein, and fish is a primary source of protein (30 percent or more of protein consumed) in many countries around the world, including Japan, Greenland, Taiwan, Indonesia, several countries in Africa, and several South Pacific island nations. Marine fisheries and marine aquaculture have been subject to a number of stressors that can undermine world food security, including overfishing, habitat destruction, and …