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"Competence-Competence And Separability-American Style", Published As Chapter 8 In International Arbitration And International Commercial Law: Synergy, Convergence And Evolution, Jack M. Graves, Yelena Davydan Jan 2011

"Competence-Competence And Separability-American Style", Published As Chapter 8 In International Arbitration And International Commercial Law: Synergy, Convergence And Evolution, Jack M. Graves, Yelena Davydan

Scholarly Works

No abstract provided.


You Can Only Race If You Can’T Win? The Curious Cases Of Oscar Pistorius & Caster Semenya, Shawn M. Crincoli Jan 2011

You Can Only Race If You Can’T Win? The Curious Cases Of Oscar Pistorius & Caster Semenya, Shawn M. Crincoli

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No abstract provided.


Mediation Representation: Representing Clients Anywhere, Harold Abramson Jan 2011

Mediation Representation: Representing Clients Anywhere, Harold Abramson

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No abstract provided.


Redesigning Global Trade Institutions, John Linarelli Jan 2011

Redesigning Global Trade Institutions, John Linarelli

Scholarly Works

This is a draft of an essay for the symposium, 2021: International Law Ten Years from Now, held by the Southwestern Journal of International Law in cooperation with the International Law Association (American Branch) Weekend West. The essay deals with two questions. First, what is to be of the WTO and world trade institutions generally? It examines the rise of regionalism in international trade agreements and possible roles for variable geometry for the WTO. The essay critiques proposals to move towards (or back to) plurilateralism for the WTO. Second, what should trade agreements do? This question goes to the core …


Global Procurement Law In Times Of Crisis: New Buy American Policies And Options In The Wto Legal System, John Linarelli Jan 2011

Global Procurement Law In Times Of Crisis: New Buy American Policies And Options In The Wto Legal System, John Linarelli

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This is a draft chapter, Sue Arrowsmith & Robert D. Anderson (eds.), The WTO Regime on Government Procurement: Challenge and Reform (Cambridge University Press, 2011). What should governments do to protect their citizens in a global economic crisis? National economies are interdependent and economic risk is systemic on a global scale, but economic policy remains pervasively national in scope. Fiscal policy has not been the subject of much in the way of collective action at the global level, and if it has, states accomplish it in ad hoc political (as opposed to legal) arrangements in response to particular crises. States …


Reasonable Pluralism And International Law, John Linarelli Jan 2011

Reasonable Pluralism And International Law, John Linarelli

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No abstract provided.


An Analysis Of China’S Human Rights Policies In Tibet: China’S Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein Jan 2011

An Analysis Of China’S Human Rights Policies In Tibet: China’S Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein

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No abstract provided.


Cisg Article 6 And Issues Of Formation: The Problem Of Circularity, Jack M. Graves Jan 2011

Cisg Article 6 And Issues Of Formation: The Problem Of Circularity, Jack M. Graves

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CISG Article 6 broadly allows parties to exclude the application of the CISG or derogate from its provisions. The application of Article 6 is relatively straightforward when addressing the rights and obligations of the parties, but encounters a challenge of circularity when addressing issues of contract formation. How can the parties agree to exclude or derogate from the application of the CISG if it is not yet clear whether they have agreed to anything at all? This article explores this narrow, but important question. Can the parties effectively exclude the application of the CISG or derogate from its provisions (i.e., …