Digital Commons Network^™

Implications Of The Interim Accord Ruling Of The International Court Of Justice, Halil Rahman Basaran

The International Lawyer

No abstract provided.

Nothing Certain About Death And Taxes (And Inheritance): European Union Regulation Of Cross-Border Successions, Jennifer Bost

Emory International Law Review

On July 4, 2012, after almost fifteen years of preparatory work, the European Parliament and the Council of the European Union (Council) passed a regulation intended to simplify international inheritance cases. The Regulation addresses issues regarding appropriate jurisdiction, applicable law, recognition and enforcement of decisions, and acceptance and enforcement of authentic instruments for international inheritance (Cross-Border Succession). It also creates a European Certificate of Succession. However, the Regulation expressly does not apply to any tax issues related to inheritance.

Lochner Disembedded: The Anxieties Of Law In A Global Context, Peer Zumbansen

Indiana Journal of Global Legal Studies

This paper explores, in an inevitably cursory manner, some of the main challenges facing a legal theory of transnational governance today. In part building on and responding to William Twining's identification of key problems of law in a global context (2009; 2012), the following paper adopts a two-fold approach. One element is to suggest a conceptual architecture, which captures law in its transformational state through a focus on actors, norms, and processes. Second, the paper proposes case

studies as a central methodological device to explore the nature, scope, and function of governance-both legal and nonlegal-in a global context. Through the …

In The Breach: Citizenship And Its Approximations, Susan C.B. Coutin

Indiana Journal of Global Legal Studies

To analyze the forms of membership that are created in the gap between formal citizenship and social belonging, this paper takes up three examples of citizenship in the breach: (1) the 1980-1992 Salvadoran civil war, in which human rights abuses perpetrated in El Salvador effectively constituted Salvadoran migrants as stateless persons, though technically they held Salvadoran citizenship; (2) informal U.S. membership claims put forward by longtime U.S. residents who were deported to El Salvador; and (3) the legal or documentary problems that emerge when legal permanent residents, some of whom immigrated to the United States from El Salvador during the …

Legal Education: Globalization, And Institutional Excellence: Challenges For The Rule Of Law And Access To Justice In India, C. Raj Kumar

Indiana Journal of Global Legal Studies

Legal education plays an important role in developing lawyers who act as social engineers and work towards the cause of nation building. In a globalized world, law schools face the challenges of increased foreign competition and reduction of the role of the state. At the same time, globalization affords space for re-examining higher education systems by affording opportunity for establishing global universities with international collaborations and programs. This article examines the role of law schools in India and proposes reforms in Indian legal education system in the light of globalization. It examines how the private sector in India can contribute …

George P. Smith, Ii's Law And Bioethics - Intersections Along The Mortal Ciol, Michael Donald Kirby The Honourable

Indiana Journal of Global Legal Studies

No abstract provided.

International Law's Erie Moment, Harlan Grant Cohen

Michigan Journal of International Law

The episode put the question starkly: Who fills the gaps in international law and how? A series of tribunals operating under Chapter 11 of the North American Free Trade Agreement (NAFTA) had adopted broader interpretations of vague treaty language than those recommended by the state parties. In response, government ministers from the three state parties, Mexico, Canada, and the United States, operating through the Free Trade Commission (FTC) established by the treaty, adopted "Notes of Interpretation" clarifying their view of the treaty's meaning. International tribunals are generally tasked with examining state practice, either to recognize rules of customary international law …

Some Legal Considerations For E.U. Based Mnes Contemplating High-Risk Foreign Direct Investments In The Energy Sector After Kiobel V. Royal Dutch Petroleum And Chevron Corporation V. Naranjo, Jeffrey A. Van Detta

South Carolina Journal of International Law and Business

No abstract provided.

Health Sciences Center Bulletin For 2011-2013, Office Of The Registrar

Health Sciences Center (HSC) Course Bulletins

Health Sciences Center Course Bulletin | Bulletin Health Sciences Center | Bulletin (Health Sciences Center, State University of New York at Stony Brook)

Plymouth Families Project Evaluation 2012, Z James

School of Law, Humanities and Social Sciences

No abstract provided.

New York Neighborhoods Fight Land Grabs: Public Parks Going To Professional Teams, Donovan Finn

School of Marine & Atmospheric Sciences Faculty Publications

In the diverse New York City borough of Queens, local activists banded together in the early 2000's to fight back against a trio of city-led urban development projects intended to provide public parkland to private real estate developers.

Las Relaciones De Bilateralidad Entre Estados Y Pueblos Indígenas, Pablo Campaña

American University International Law Review

No abstract provided.

Constitutional Provisions Making Sharia "A" Or "The" Chief Source Of Legislation: Where Did They Come From? What Do They Mean? Do They Matter?, Clark B. Lombardi

American University International Law Review

No abstract provided.

State Obligations Concerning Indigenous Peoples' Rights To Their Ancestral Lands: Lex Imperfecta?, Jernej Letnar Cernic

American University International Law Review

No abstract provided.

International Arbitration, Steven Smith, Ivana Cingel, Benjamin Jones, Kevin Rubino, Qais Ghafary, Brian Chang

The International Lawyer

No abstract provided.

Title Page, Title Page

Canada-United States Law Journal

No abstract provided.

Canadian V. American Defamation Law: What Can We Learn From Hyperlinks, Mitchell Drucker

Canada-United States Law Journal

No abstract provided.

Yaiguaje V. Chevron Corporation: Testing The Limits Of Natural Justice And The Recognition Of Foreign Judgments In Canada, Lucien J. Dhooge

Canada-United States Law Journal

No abstract provided.

The Cooperative As A Proletarian Corporation: The Global Dimensions Of Property Rights And The Organization Of Economic Activity In Cuba, Larry Catá Backer

Northwestern Journal of International Law & Business

Since the 1970s, the relationship between productive property, and the state and individual has been contested in Marxist-Leninist nations. Though China has moved to permit robust private activity and the private aggregations of capital in corporate form, Cuba has strictly adhered to traditional communist principles. In the face of recent financial upheavals, Cuba is seeking to liberalize its approach to economic organization, but in a way that would retain a state monopoly of the use of the corporate form while opening a small and well-managed consumer oriented private sector. Among the most innovative alternatives being developed is the cooperative, which …

Anything For You Big Boy: A Comparative Analysis Of Banking Regulation In The United States And The United Kingdom In Light Of The Libor Scandal, Christopher Hall

Northwestern Journal of International Law & Business

In June 2012, Barclays Bank PLC entered into a settlement agreement with the United Kingdom’s Financial Services Authority and the United States’ Commodities Futures Trading Commission that settled Barclays’s role in manipulating the London Interbank Offered Rate, or LIBOR. The Barclays episode, and related scandal, provides an opportunity to examine approaches to financial regulation in the United Kingdom and the United States. This Note uses that opportunity to compare and contrast the approach to financial regulation in the United Kingdom and the United States. In particular, this Note contends that the LIBOR scandal reveals three problems with the then-existing approaches …

International Financial Instability And The Financial Stability Board, G. A. Walker

The International Lawyer

No abstract provided.

Europe, Marie Tedesco Scott, Samantha Munroe, Nikolas De Bremaeker, Patrick Del Duca, Wojciech Baginski, Michal Bernaczyk, Sofie Bille-Steenberg, Trevor Bridges, Alexander Darraby, Emma Doherty, Pat English, Anders Etgen Reitz, Maryna Ilchuk, Florian S. Jörg, Manfred Ketzer, Virginia Keyder, Rikke Line Lyngaae Rasmussen, Oline Nowicki, Wolfram Rehbock, Elena Sabkova, Marc Shelley, Richard Silberstein, Irene Siurana Sieiro, Stefano M. Viola, Anne Wagner-Findeisen, Larry White, Michal Zolubak

The International Lawyer

No abstract provided.

Good Grief! Iran Sanctions And The Expansion Of American Corporate Liability For Non-U.S. Subsidiary Violations Under The Iran Threat Reduction And Syria Human Rights Act Of 2012, Alexandra L. Anderson

Northwestern Journal of International Law & Business

Following a watershed of suspected covert proliferation in Iran, legislators and scholars have searched for more effective ways to isolate Iran from the global energy market and financial systems. Prior sanctions played a crucial role in the international anti-proliferation architecture, but unilateral and non-comprehensive multilateral embargoes failed to achieve their desired deterrent effect. Now, with the Iran Threat Reduction and Syria Human Rights Act of 2012 (ITRA), the Obama Administration expands extraterritorial sanctions to hold U.S. parent corporations liable for the sanctionable activity of their foreign subsidiaries. While the ITRA marks a turning point in the sanctions game between the …

The Impact Of The U.S. And Africa Petroleum Partnership: Evidence Of Economic Growth In Gabon And Nigeria, Joseph Sakendu Jones

Journal of International Business and Law

No abstract provided.

A Political Economy Approach To Reforming The Foreign Corrupt Practices Act, Matthew C. Turk

Northwestern Journal of International Law & Business

Prohibitions against transnational bribery suffer from a paradoxical problem of simultaneous over- and under-enforcement. On the “supply-side,” U.S. enforcement against bribery through the Foreign Corrupt Practices Act (FCPA) is increasingly over-aggressive, while enforcement by other developed economies is nearly non-existent. On the “demand-side,” governments of developing economies where bribes take place often have neither an interest in nor the capacity to rein in their corrupt officials. In light of these shortcomings, this Article proposes reforming the FCPA as follows. First, the SEC should cease paying profits disgorged by corporate defendants into the U.S. Treasury. Second, disgorgements should instead be transferred …

The Chinese Reverse Merger Companies (Rmcs) Reassessed: Promising But Challenging, Qingxiu Bu

Journal of International Business and Law

No abstract provided.

European Union Law And Practice In The Negotiation And Conclusion Of International Trade Agreements, Youri Devuyst

Journal of International Business and Law

As the world's largest trading block, the European Union (EU) has committed itself to an ambitious strategy of enhancing trade with its strategic partners through the conclusion of Free Trade Agreements (FTAs). The launching of negotiations between the EU and the United States for the conclusion of a Transatlantic Trade and Investment Partnership Agreement is part of this strategy. Understanding the EU's law and practice in the negotiation and conclusion of such agreements is essential for the Union's negotiating partners, who have often been puzzled by its decision-making complexity. Following a systematic presentation of the EU's institutions and their legal …

The Business Transparency On Trafficking And Slavery Act: Fighting Forced Labor In Complex Global Supply Chains, Sophia Eckert

Journal of International Business and Law

No abstract provided.

Not So Safe Haven: Reducing Tax Evasion By Regulation Correspondent Banks Operating In The United States, Michael A. Berger

Journal of International Business and Law

No abstract provided.

Prosecution Review Commissions, The Public Interest, And The Rights Of The Accused: The Need For A "Grown Up" In The Room, Carl F. Goodman

Washington International Law Journal

The recent amendments to Japan’s Inquest of Prosecution Law (popularly called the Prosecution Review Commission (“PRC”) Law) give the eleven lay member PRC (and their court appointed lawyers) unreviewable authority to compel the prosecutions and appeals of defendants who the professional prosecutor service has determined do not require indictment and prosecution. Viewed as “democratic” because it brings lay participation to the criminal justice system, the PRC process differs sharply from the American Federal Grand Jury because it places ordinary citizens at risk of potential retribution and the political system at risk of possible “gaming” of the process for political advantage, …