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2006

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Reinterpreting Torture: Presidential Signing Statements And The Circumvention Of U.S. And International Law, Erin Louise Palmer Jan 2006

Reinterpreting Torture: Presidential Signing Statements And The Circumvention Of U.S. And International Law, Erin Louise Palmer

Human Rights Brief

No abstract provided.

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Competition Policy In Developing Economies: The Case Of Brazil Symposium On Competition Law And Policy In Developing Countries , Gesner Oliveira, Thomas Fujiwara Jan 2006

Competition Policy In Developing Economies: The Case Of Brazil Symposium On Competition Law And Policy In Developing Countries , Gesner Oliveira, Thomas Fujiwara

Northwestern Journal of International Law & Business

The objective of this article is to discuss the implementation of competition policy in Brazil through a historical perspective. In contrast with the experience of various OECD countries, including the United States in particular, competition policy in Brazil has only recently become relevant. However, its increasing prevalence has not been preceded by the development of a competition culture and institutions. This fact has several implications for policy making. Best practices in the OECD countries cannot be automatically imported without due attention to the peculiarities of a developing economy. This paper is divided into five sections. Section II describes the different …

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International Anti-Money Laundering And Professional Ethics, John A. Kelley Jan 2006

International Anti-Money Laundering And Professional Ethics, John A. Kelley

The International Lawyer

No abstract provided.

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International Environmental Law, Wil Burns, Kyle W. Danish, Joseph W. Dellapenna, David R. Downes Jan 2006

International Environmental Law, Wil Burns, Kyle W. Danish, Joseph W. Dellapenna, David R. Downes

The International Lawyer

No abstract provided.

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A Comparative Analysis Of Shareholder Protections In Italy And The United States: Parmalat As A Case Study, Lorenzo Segato Jan 2006

A Comparative Analysis Of Shareholder Protections In Italy And The United States: Parmalat As A Case Study, Lorenzo Segato

Northwestern Journal of International Law & Business

The goal of this article is to compare the protections offered to minority shareholders by the Italian system of corporate law with those offered by the U.S. legal system of corporate and securities law in order to determine if Parmalat's minority shareholders would have been better off had Parmalat been an American company listed in the U.S. financial market. This analysis will reveal several weaknesses in Italian corporate and securities laws, thereby providing a basis for suggestions on how to improve minority shareholders' rights in Italy based on the U.S. experience. Section II of this paper provides an overview of …

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International Health Law, Jonathan Todres, Pamela L. Marcogliese, Laurel R. Hyle Jan 2006

International Health Law, Jonathan Todres, Pamela L. Marcogliese, Laurel R. Hyle

The International Lawyer

No abstract provided.

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Can The Electronic Bill Of Lading Go Paperless, Susan Beecher Jan 2006

Can The Electronic Bill Of Lading Go Paperless, Susan Beecher

The International Lawyer

No abstract provided.

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An Escape From Reason: Genocide And The International Commission Of Inquiry On Darfur, Nsongurua J. Udombana Jan 2006

An Escape From Reason: Genocide And The International Commission Of Inquiry On Darfur, Nsongurua J. Udombana

The International Lawyer

No abstract provided.

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Responsibility To Protect, Humanitarian Intervention And North Korea, Young Sok Kim Jan 2006

Responsibility To Protect, Humanitarian Intervention And North Korea, Young Sok Kim

Journal of International Business and Law

No abstract provided.

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Generating Extra Wind In The Sails Of The Eu Antitrust Enforcement Boat, Corinne Bergen Jan 2006

Generating Extra Wind In The Sails Of The Eu Antitrust Enforcement Boat, Corinne Bergen

Journal of International Business and Law

No abstract provided.

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Cultural Imperialism Vs. Cultural Protectionism: Hollywood's Response To Unesco Efforts To Promote Cultural Diversity, Eireann Brooks Jan 2006

Cultural Imperialism Vs. Cultural Protectionism: Hollywood's Response To Unesco Efforts To Promote Cultural Diversity, Eireann Brooks

Journal of International Business and Law

No abstract provided.

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Deregulation And Competition In Underwriting: Review Of The Evidence And New Findings, George J. Papaioannou, Adrian Gauci Jan 2006

Deregulation And Competition In Underwriting: Review Of The Evidence And New Findings, George J. Papaioannou, Adrian Gauci

Journal of International Business and Law

No abstract provided.

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"China Casts A Giant Shadow:" The Developing World Confronts Trade Liberalization And The End Of Quotas In The Garment Industry, John A. Hall Jan 2006

"China Casts A Giant Shadow:" The Developing World Confronts Trade Liberalization And The End Of Quotas In The Garment Industry, John A. Hall

Journal of International Business and Law

This article examines the implications for developing nations of the termination of the thirty-year system of quotas in the global trade in garments and textiles. The quotas fostered the spread of manufacturing throughout the developing world by permitting importing nations to cap imports from specific countries. Developing nations became attractive manufacturing locations thanks to their access to the restricted U.S. and EU markets. The garment industry permitted even the poorest nations to participate in the global economy in an environment largely protected from the harsh realities of unfettered international competition. However, the structure of globalization in the garment industry, with …

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Emerging Issues In The Canada-United States Relationship, James J. Blanchard Jan 2006

Emerging Issues In The Canada-United States Relationship, James J. Blanchard

Canada-United States Law Journal

No abstract provided.

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Protecting Innovative Technology: Global Patent Strategies: The Big Picture - The Enforcement Of United States And Canadian Intellectual Property Rights In North America And Globally, Michael C. Elmer Jan 2006

Protecting Innovative Technology: Global Patent Strategies: The Big Picture - The Enforcement Of United States And Canadian Intellectual Property Rights In North America And Globally, Michael C. Elmer

Canada-United States Law Journal

No abstract provided.

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Educational And Immigration Aspects Of Innovation: Educating The Innovators And Shaping Immigration Policy For High Tech Workers, Robert Crow Jan 2006

Educational And Immigration Aspects Of Innovation: Educating The Innovators And Shaping Immigration Policy For High Tech Workers, Robert Crow

Canada-United States Law Journal

No abstract provided.

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The Us-China Safeguard Provision, The Gatt, And Thinking Long Term, Tracy Elizabeth Dardick Jan 2006

The Us-China Safeguard Provision, The Gatt, And Thinking Long Term, Tracy Elizabeth Dardick

Chicago Journal of International Law

The US is currently caught between its international obligations to the World Trade Organization ("WTO') and its domestic obligations to US workers in the textile and clothing industries. As of January 1, 2005, quantitative restrictions on Chinese imports have been officially phased out-under the auspices of the WTO-thereby allowing a greater influx of Chinese goods into Member countries. The US, however, has contracted with the People's Republic of China ("China") to work around this phase-out. By means of the US-China Safeguard Provision ("Safeguard Provision"), the US has contracted with China to allow the US to institute restrictions on Chinese imports …

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Climate Change: A Catastrophe In Slow Motion, R. T. Pierrehumbert Jan 2006

Climate Change: A Catastrophe In Slow Motion, R. T. Pierrehumbert

Chicago Journal of International Law

Humans have become a major geological force with the power to commit future millennia to practically irreversible changes in global conditions. This is what Bill McKibben refers to as "The End of Nature." As an example of the impact life has on global climate, the imminent global warming caused by humans does not stand out as unique or even unusually impressive. When oxygen-generating photosynthetic algae evolved between one and two-and-one-half billion years ago, they changed the composition of one-fifth of the atmosphere, poisoned much of the previous ecosystem, and more or less terminated the dominant role of methane as a …

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From Rogue Creditors To Rogue Debtors: Implications Of Argentina's Default, Arturo C. Porzecanski Jan 2006

From Rogue Creditors To Rogue Debtors: Implications Of Argentina's Default, Arturo C. Porzecanski

Chicago Journal of International Law

The past three decades have witnessed the rapid globalization of stock, bond, and currency markets, which has been facilitated by advances in telecommunications and the liberalization of previously sheltered, and often repressed, domestic capital markets. The process has been spurred by the search for higher yields and undervalued assets, wherever they may be located, on the part of individual and institutional investors; and also by the desire to mitigate asset-concentration risks via diversified, uncorrelated portfolios. This globalization has also been accelerated by the mushrooming of trade linkages and the spread of multinational corporations, which have put pressure on banks and …

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Democratic Governance And Post-Conflict Transitions, William Maley Jan 2006

Democratic Governance And Post-Conflict Transitions, William Maley

Chicago Journal of International Law

Contrary to popular belief, international organizations and their key members have long been involved in addressing aspects of political transition. The notion of "self determination" which President Woodrow Wilson thrust into global political discourse demanded not only some approach to defining the "self," but also some institutional devices by which "determination" of the "self" could be accomplished. These issues were not at all straightforward, but at a practical level they resulted in events such as the 1935 Saarland plebiscite, and a range of votes held under United Nations auspices during the wave of decolonization that followed the Second World War. …

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Redesigning The International Lender Of Last Resort, Patrick Bolton, David A. Skeel Jr. Jan 2006

Redesigning The International Lender Of Last Resort, Patrick Bolton, David A. Skeel Jr.

Chicago Journal of International Law

This paper is concerned with the issue of how to balance bailouts (or "lending into arrears") with debt reductions (or "private sector involvement") in the resolution of sovereign debt crises. It provides a review of recent proposals for improving the sovereign debt restructuring process. In addition to defending a sovereign bankruptcy proposal we have put forward in recent work, this article proposes a major reorientation of the IMF's role in sovereign debt crises.

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Responding To Catastrophes: A Public Health Perspective, Ronald Waldman Jan 2006

Responding To Catastrophes: A Public Health Perspective, Ronald Waldman

Chicago Journal of International Law

From a public health perspective, it is difficult to define exactly what a catastrophe is. Catastrophes can be of sudden onset or they can develop slowly; they can be the result of natural causes, such as hurricanes, droughts, or earthquakes, or they can be man-made, a consequence of war or of terrorist acts. Some would say that the distinction between these is not totally clear-even in earthquakes, for example, mortality rates are predictably higher among the poor, those who live in housing that does not conform to local construction standards. The Indian Ocean tsunami of December 2004 did not spare …

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The Role Of The Imf In Sovereign Debt Restructuring, Daniel K. Tarullo Jan 2006

The Role Of The Imf In Sovereign Debt Restructuring, Daniel K. Tarullo

Chicago Journal of International Law

The growing importance of international economic transactions for economic activity as a whole has given rise to an increasing number of proposals for arrangements to govern those international transactions. Many, if not most, of these proposals raise important policy issues, on which there is frequent disagreement among and within countries. Quite apart from political or policy controversy, however, many proposals for international economic arrangements are analytically flawed in one of several common ways. They may draw false analogies from domestic to international circumstances. They may elide the possibility that the accommodation of many national political and legal systems in a …

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Introduction, Louise Ellen Teitz, Peter Winship Jan 2006

Introduction, Louise Ellen Teitz, Peter Winship

The International Lawyer

No abstract provided.

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National Security, John Harrington, Carrie Newton Lyons, Walter Gary Sharp Sr., Barry Kellman Jan 2006

National Security, John Harrington, Carrie Newton Lyons, Walter Gary Sharp Sr., Barry Kellman

The International Lawyer

No abstract provided.

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International Litigation, Phillip B. Dye, Jennifer H. Davidow, Holly Rumbaugh, Nancy Eisenhauer Jan 2006

International Litigation, Phillip B. Dye, Jennifer H. Davidow, Holly Rumbaugh, Nancy Eisenhauer

The International Lawyer

No abstract provided.

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Current Developments Of Wto Dispute Settlement Body Findings On The U.S. Antidumping Sunset Review Regime, Changho Sohn Jan 2006

Current Developments Of Wto Dispute Settlement Body Findings On The U.S. Antidumping Sunset Review Regime, Changho Sohn

Richmond Journal of Global Law & Business

No abstract provided.

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Why Are Developing Nations So Slow To Play The Default Card In Renegotiating Their Sovereign Indebtedness?, Ross P. Buckley Jan 2006

Why Are Developing Nations So Slow To Play The Default Card In Renegotiating Their Sovereign Indebtedness?, Ross P. Buckley

Chicago Journal of International Law

Before 1982 sovereign debtors regularly defaulted on their debts. Since the debt crisis that commenced in that year, sovereign defaults have been rare and usually quite quickly remedied, even though crises have been occurring with increasing frequency. This article seeks to answer why there might have been this change, and whether it is in the debtors' interests.

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Contentious Matters And The Advisory Power: The Icj And Israel's Wall, Joel S. Tashjian Jan 2006

Contentious Matters And The Advisory Power: The Icj And Israel's Wall, Joel S. Tashjian

Chicago Journal of International Law

The International Court of Justice ("ICJ"), the judicial arm of the United Nations, recently issued an advisory opinion concerning the legal consequences of Israel's construction of a wall separating it from the Occupied Palestinian Territory. Although issued under the auspices of advisory power, this case concerned the interests of two entities: the state-like Palestinian Authority and the state of Israel. The subject matter was contentious, with the entities engaged in a politically charged border dispute. In a traditional contentious matter, the ICJ may only adjudicate cases between consenting states. However, a truly contentious proceeding was not possible in this case. …

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Up, Up And … Back: The Emergence Of Space Tourism And Its Impact On The International Law Of Outer Space, Steven Freeland Jan 2006

Up, Up And … Back: The Emergence Of Space Tourism And Its Impact On The International Law Of Outer Space, Steven Freeland

Chicago Journal of International Law

In April 2002, the aptly named South African, Mark Shuttleworth, became the world's second space tourist. Like Tito, he was launched onto the ISS by the Russian Space Agency. This "Afronaut" spent eight days on the ISS conducting scientific experiments, including a number relating to the HIV virus. The symbolic relevance of his work-South Africa is one of the countries worst affected by the HIV/AIDS epidemic-provided an additional "credibility boost" to the orbital space tourist phenomenon. South African president Thabo Mbeki described Shuttleworth as "a courageous pioneer for South Africa and his continent, Africa." These two wealthy entrepreneurs, who each …

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