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Articles 1 - 6 of 6
Full-Text Articles in Law
Just When You Thought You Were Finished! A Mediator's View Of Bock V. Hansen, Charles Ferguson
Just When You Thought You Were Finished! A Mediator's View Of Bock V. Hansen, Charles Ferguson
Charles Ferguson
In what should have been an ordinary coverage dispute the California First District Court of Appeal in Bock v. Hansen, 225 Cal. App. 4th 215 (2014) has attracted considerable commentary by authorizing the plaintiff husband and wife to sue an individual employee of their home insurer for negligently misstating certain provisions of their policy to them while adjusting their claim. Mostly overlooked in the ensuing discussions of the case has been the fact that the case was settled before the decision was issued. Here the mediator analyzes why it would have been prudent for the court to wait for a …
The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello
The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello
Adam Lamparello
Technology has ushered civil liberties into the virtual world, and the law must adapt by providing legal protections to individuals who speak, assemble, and associate in that world. The original purposes of the First Amendment, which from time immemorial have protected civil liberties and preserved the free, open, and robust exchange of information, support net neutrality. After all, laws or practices that violate cherished freedoms in the physical world also violate those freedoms in the virtual world. The battle over net neutrality is “is absolutely the First Amendment issue of our time,” just as warrantless searches of cell phones were …
The Implication Of The Icsid Convention, The Resurrection Of The ‘International Minimum Standard’ And The Theory Of Internationalization Of State Contracts In Investment Treaty Arbitration., Felix O. Okpe
Felix O. Okpe
Under international investment law, it is axiomatic that the potential for investment disputes is rife in the conduct of foreign investments in host States. This is often the case where foreign investors allege that an act or omission attributable to the host State negatively impacts the investor’s proprietary interests. The settlement of the envisaged investment disputes is more common where the host State is a developing country in the context of the ICSID Convention. As a result, what has become paramount in the arbitration of investment disputes is the protection of foreign investment in the host State. This way, the …
Behavioral International Law, Tomer Broude
Behavioral International Law, Tomer Broude
Tomer Broude
Economic analysis and rational choice have in the last decade made significant inroads into the study of international law and institutions, relying upon standard assumptions of perfect rationality of states and decision-makers. This approach is inadequate, both empirically and in its tendency towards outdated formulations of political theory. This article presents an alternative behavioral approach that provides new hypotheses addressing problems in international law while introducing empirically grounded concepts of real, observed rationality. First, I address methodological objections to behavioral analysis of international law: the focus of behavioral research on the individual; the empirical foundations of behavioral economics; and behavioral …
Endangered Element Of Icsid Arbitral Practice: Investment Treaty Arbitration, Foreign Direct Investment And The Promise Of Economic Development In Host States., Felix O. Okpe
Felix O. Okpe
The omission to define the term ‘investment’ in the ICSID Convention is one of the most critical decisions that have led to the inconsistent jurisprudence and the resulting debate associated with the propriety of the ICSID Convention and investment treaty arbitration. The legislative history and the circumstances leading to the birth of the ICSID Convention strongly suggest that its main objective is the protection and promotion of economic development in the host State. Most of the propositions aimed at giving a meaning to the term ‘investment’ in ICSID arbitral practice have focused more on whether the scope of the meaning …
The Recognition Of Indigenous Peoples’ Land: Application Of The Customary Land Rights Model On The Bedouin Case, Morad Elsana
The Recognition Of Indigenous Peoples’ Land: Application Of The Customary Land Rights Model On The Bedouin Case, Morad Elsana
Morad Elsana
ABSTRACT This paper introduces new possibilities for the recognition of Bedouin land in Israel. It shows that the application of the prevalent methods of indigenous land recognition is possible in the Bedouin case, and it would bring legal recognition of Bedouin land rights. The paper first presents the recognition of indigenous peoples land right in Canada, Australia, and other countries, while concentrating on the native title doctrine and the adoption of indigenous customary law. It shows how many colonial legal systems eventually discovered that their judicial systems included principles that recognize indigenous customary land rights. The application of such principles …