Law Commons^™

Interauthority Relationships, Michael S. Green

Michael S. Green

No abstract provided.

Partner Capture In Public International Organizations, Christopher G. Bradley

Christopher Bradley

A sharp rise of public-private partnerships is changing the way the United Nations and other public international organizations work. Organizations eagerly embrace wealthy, experienced partners, such as major foundations and corporations, in order to fund ambitious projects. But safeguards against potential problems have not kept pace with partnership activities. Looking to fundamental principles of public choice and political economy well-known in the U.S. administrative law context, this Article develops a multifaceted notion of “partner capture” to describe the dangers of this expansion in partnership activities for the U.N. and similar organizations. The dangers include agenda distortion, intra-organizational rivalries, reputational damage, …

International Legal Control Of Domestic Administrative Action, Joel P. Trachtman

Joel P Trachtman

International law increasingly is designed to constrain the regulatory activities of countries where these activities have external effects on other countries. While countries retain the right to regulate, it is a qualified right, with a number of restrictions under international trade, investment, finance, human rights, and other areas of international law. The restrictions are often nuanced: while maintaining maximum policy autonomy, countries agree to international legal rules that establish increasingly complex preconditions for national regulatory action. In some cases, preconditions are formulated so as to establish procedural, as distinguished from substantive, predicates for national action. These varying types of preconditions …

Defending The Environment: A Mission For The World's Militaries, Mark P. Nevitt

Mark P Nevitt

Critics often fault the U.S. military for its environmental stewardship, and legal scholarship frequently highlights efforts by the military to seek national security exemptions from various environmental laws and the military’s poor cleanup record. Yet the Department of Defense (“DoD”) is largely subject to and complies with the full array of American environmental laws in the same manner and extent as any agency of the federal government. While the military’s environmental record is far from perfect, a comparative legal survey shows that the U.S. is at the relative forefront of effectively balancing environmental stewardship with national security.

This article surveys …

A Failure To Consider: Why Lawmakers Create Risk By Ignoring Trade Obligations, David R. Kocan Professor

David R. Kocan Professor

The U.S. Congress frequently passes laws facially unrelated to trade that significantly impact U.S. trade relations. These impacts are often harmful, significant, and long-lasting. Despite this fact, these bills rarely receive adequate consideration of how they will impact trade. Without this consideration, Congress cannot properly conduct a cost-benefit analysis necessary to pass effective laws. To remedy this problem, the U.S. Trade Representative should evaluate U.S. domestic law to determine whether it is consistent with international trade obligations. Moreover, the U.S. Congress committee structure should be amended so that laws that might impact trade are considered within that light. In the …

Social Protection Afforded To Irregular Migrant Workers: Thoughts On International Norms, The Southern African Development Community, Botswana And South Africa, Bruno Ps Van Eck, Felicia Snyman

Bruno PS Van Eck

The majority of migrant workers target those countries in southern Africa that have stronger economies. Irregular migrants are in a particularly vulnerable position, and this article discusses the protection that this category of persons may expect to experience in the southern African region. The authors recommend that the broad notion of “social protection”, rather than the narrower concept “social security” should be emphasized. International, continental and regional instruments providing protection to irregular migrants are traversed and the constitutional and legislative frameworks in relation to social protection in Botswana and South Africa are compared. The article concludes that there are significant …

Environmental Supra-Nationalism, Mark A. Drumbl

Mark A. Drumbl

No abstract provided.

"Ethics And The United Nations International Civil Servant: The Jurisprudence Of The United Nations Dispute Tribunals And The United Nations Appeals Tribunal On Workplace Retaliation - The Rights Of The 'Whistleblower' In The United Nations", Tamara Shockley

Tamara A. Shockley

This article surveys emerging issues in the approach of the United Nations Dispute Tribunal and the United Nations Appeals Tribunal in the area of workplace retaliation and the rights of “whistleblowers” in the United Nations. The article examines the institutional framework for managing ethics in the United Nations and the importance of ethics as a tool for United Nations corporate governance. The developing jurisprudence of ethical compliance by the United Nations Dispute Tribunals and the United Nations Appeals Tribunal demands an analysis of the United Nations jurisprudence in the occurrence of workplace retaliation and conditions for actionable workplace retaliation before …

Rise Of The Intercontinentalexchange And Implications Of Its Merger With Nyse Euronext, Latoya C. Brown

Latoya C. Brown, Esq.

This paper examines the impending merger between the IntercontinentalExchange (ICE) and NYSE Euronext against the backdrop of the current structure of the global financial services industry. The paper concludes that the merger embodies what the financial services industry is becoming and captures the model that will allow exchanges to remain competitive in today’s marketplace: mega-exchanges with broader asset classes and electronic platforms. As technology and globalization threaten their vitality, exchanges will need to continue reinventing and adapting. Increasingly over the last decade they have done so by merging and by moving, at least a part of, their operations on screen. …

The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth

David A. Wirth

Any day now, a World Trade Organization panel is expected to rule in a dispute between the U.S. and the EU concerning market access for genetically-engineered foods and crops. This piece, written before the release of the WTO panel's report, analyzes novel systemic issues concerning the impact of WTO law on regulatory design, at both the national and international levels, that are raised by this dispute. These include (1) the application of WTO disciplines to regulatory schemes that require prior governmental approval to protect the environment and public health from newly-introduced products and substances; (2) the role of precaution as …

Cassez Y El Convenio De Estrasburgo, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

International Decisions. European Communities -- Measures Affecting Asbestos And Asbestos-Containing Products, David A. Wirth

David A. Wirth

No abstract provided.

International Decisions. European Communities - Measures Concerning Meat And Meat Products, David A. Wirth

David A. Wirth

No abstract provided.

Trade Implications Of The Basel Convention Amendment Banning North-South Trade In Hazardous Wastes, David A. Wirth

David A. Wirth

No abstract provided.

Public Participation In International Processes: Environmental Case Studies At The National And International Levels, David A. Wirth

David A. Wirth

No abstract provided.

Review Of Greening International Law, Edited By Philippe Sands, David A. Wirth

David A. Wirth

No abstract provided.

Reexamining Decisions-Making Processes In International Environmental Law, David A. Wirth

David A. Wirth

No abstract provided.

International Decisions. Environmental Defense Fund V. Massey. 986 F.2d 528. U.S.Court Of Appeals, D.C. Cir., Jan. 29, 1993, David A. Wirth

David A. Wirth

No abstract provided.

A Matchmaker's Challenge: Marrying International Law And American Environmental Law, David A. Wirth

David A. Wirth

No abstract provided.

Remarks (As Panelist) On "International Law: The Year In Review.", David A. Wirth

David A. Wirth

No abstract provided.

Multilingual Treaty Interpretation And The Case Of Salt Ii, David A. Wirth

David A. Wirth

No abstract provided.