Law Commons^™

A Framework For A Formal Sovereign Debt Restructuring Mechanism: The Kiss Principle (Keep It Simple, Stupid) And Other Guiding Principles, Charles W. Mooney Jr.

All Faculty Scholarship

Given the ongoing work on a multilateral restructuring process for sovereign debt in the UN, consideration of the content and implementation of a sovereign debt restructuring mechanism (SDRM) is timely. The framework and content of the SDRM proposed here differs from earlier proposals in several important respects. For the classification and supermajority voting of claims in the approval a restructuring plan, it would mimic the structure and operation of the model collective action clauses (Model CACs) proposed by the International Capital Markets Association. Restructuring under a qualified sovereign debt restructuring law (QSDRL) would be guided by four principles: (i) observe …

Ending Security Council Resolutions, Jean Galbraith

All Faculty Scholarship

The Security Council resolution implementing the Iran deal spells out the terms of its own destruction. It contains a provision that allows any one of seven countries to terminate its key components. This provision – which this Comment terms a trigger termination – is both unusual and important. It is unusual because, up to now, the Security Council has almost always either not specified the conditions under which resolutions terminate or used time-based sunset clauses. It is important not only for the Iran deal, but also as a precedent and a model for the use of trigger terminations in the …

Ratification, Reporting, And Rights: Quality Of Participation In The Convention Against Torture, Cossette D. Creamer, Beth A. Simmons

All Faculty Scholarship

The core international human rights treaty bodies play an important role in monitoring implementation of human rights standards through consideration of states parties’ reports. Yet very little research explores how seriously governments take their reporting obligations. This article examines the reporting record of parties to the Convention against Torture, finding that report submission is heavily conditioned by the practices of neighboring countries and by a government’s human rights commitment and institutional capacity. This article also introduces original data on the quality and responsiveness of reports, finding that more democratic—and particularly newly democratic—governments tend to render higher quality reports.

Human Rights Treaties In And Beyond The Senate: The Spirit Of Senator Proxmire, Jean Galbraith

All Faculty Scholarship

In 1995, Louis Henkin wrote a famous piece in which he suggested that the process of human rights treaty ratification was haunted by “the ghost of Senator Bricker” – the isolationist Senator who in the 1950s had waged a fierce assault on the treaty power, especially with regard to human rights treaties. Since that time, Senator Bricker’s ghost has proved even more real. Professor Henkin’s concern was with how the United States ratified human rights treaties, and specifically with the packet of reservations, declarations, and understandings (RUDs) attached by the Senate in giving its advice and consent. Today, the question …

Governing Disasters: The Challenge Of Global Disaster Law And Policy, Eric A. Feldman, Chelsea Fish

All Faculty Scholarship

This chapter uses the analytical framework of transnational legal ordering (TLO) developed by Halliday and Shaffer and applies it to the area of law and disasters. In contrast to the increasingly transnational legal nature of social ordering highlighted by Halliday and Shaffer, it argues that the emergence of transnational regulatory networks and cross-border principles or policies in the area of disaster management has been uneven and incomplete. Although there are many factors that help to explain why the law/disasters area has resisted the trend toward “transnationalization,” two stand out. One is the relative dearth of national laws and policies governing …

Introduction: Cyber And The Changing Face Of War, Claire Oakes Finkelstein, Kevin H. Govern

All Faculty Scholarship

Cyberweapons and cyberwarfare are one of the most dangerous innovations of recent years, and a significant threat to national security. Cyberweapons can imperil economic, political, and military systems by a single act, or by multifaceted orders of effect, with wide-ranging potential consequences. Cyberwarfare occupies an ambiguous status in the conventions of the laws of war. This book addresses Ethical and legal issues surrounding cyberwarfare by considering whether the Laws of Armed Conflict apply to cyberspace and the ethical position of cyberwarfare against the background of our generally recognized moral traditions in armed conflict. The book explores these moral and legal …

Secularization, Anti-Minority Sentiment, And Cultural Norms In The German Circumcision Controversy, Stephen R. Munzer

University of Pennsylvania Journal of International Law

No abstract provided.

When Is Not Caring Ethical?: The Medical Ethics And Legal Framework Of Refusing To Treat Detainees Subjected To Interrogations And Torture, Shannon M. Coit

University of Pennsylvania Journal of International Law

No abstract provided.

Negotiating Competition Policy In Multilateral Trade Agreements: European Union Overtures To West Africa And The Wto, Paul Kuruk

University of Pennsylvania Journal of International Law

No abstract provided.

Too Many Gaps, Too Many Fallen Victims: Protecting American Indian Women From Violence On Tribal Lands, Jessica Greer Griffith

University of Pennsylvania Journal of International Law

No abstract provided.

The "Memory Effect" Of Economic Sanctions Against Russia: Opposing Approaches To The Legality Of Unilateral Sanctions Clash Again, Mergen Doraev

University of Pennsylvania Journal of International Law

No abstract provided.

Demystifying Public Security Exception And Limitations On Capital Movement: Hard Law, Soft Law And Sovereign Investments In The Eu Internal Market, Julien Chaisse

University of Pennsylvania Journal of International Law

No abstract provided.

Sanctioning Freedoms: U.S. Sanctions Against Iran Affecting Information And Communications Technology Companies, Pinky P. Mehta

University of Pennsylvania Journal of International Law

No abstract provided.

United States Public Support For The International Criminal Court: A Multivariate Analysis Of Attitudes And Attributes, Harry M. Rhea, Ryan C. Meldrum

University of Pennsylvania Journal of International Law

No abstract provided.

Destined To Collide? Social Media Contracts In The U.S. And China, Michael L. Rustad, Wenzhuo Liu, Thomas H. Koenig

University of Pennsylvania Journal of International Law

No abstract provided.

The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon W. Penney

University of Pennsylvania Journal of International Law

No abstract provided.

Corporate Bias In The World Bank Group’S International Centre For Settlement Of Investment Disputes: A Case Study Of A Global Mining Corporation Suing El Salvador, Robin Broad

University of Pennsylvania Journal of International Law

No abstract provided.

The Many Features Of Transnational Private Rule-Making: Unexplored Relationships Between Custom, Jura Mercatorum And Global Private Regulation, Fabrizio Cafaggi

University of Pennsylvania Journal of International Law

No abstract provided.

Rawlsian Fairness And International Arbitration, Diane A. Desierto

University of Pennsylvania Journal of International Law

No abstract provided.

Traditional Knowledge Exists; Intellectual Property Is Invented Or Created, Gregory Younging

University of Pennsylvania Journal of International Law

No abstract provided.

The Arms Trade Treaty Regime In International Institutional Law, William Thomas Worster

University of Pennsylvania Journal of International Law

No abstract provided.

Masthead

University of Pennsylvania Journal of International Law

No abstract provided.

Freedom From Violence And The Law: A Global Perspective In Light Of Chinese Domestic Violence Law, 2015, Rangita De Silva De Alwis, Jeni Klugman

University of Pennsylvania Journal of International Law

No abstract provided.

The Tyranny Of Context: Israeli Targeting Practices In Legal Perspective, Michael N. Schmitt, John J. Merriam

University of Pennsylvania Journal of International Law

No abstract provided.

Regulating Social Finance: Can Social Stock Exchanges Meet The Challenge?, Sarah Dadush

University of Pennsylvania Journal of International Law

No abstract provided.

A Hidden Statutory Bar To Private Causes Of Action For Breaches Of The Wto's Agreement On Government Procurement, Major Daniel E. Schoeni

University of Pennsylvania Journal of International Law

No abstract provided.

'Recalcitrant' States And International Law: The Role Of The Un Commission Of Inquiry On Human Rights Violations In The Democratic People's Republic Of North Korea, Honorable Michael Kirby Ac Cmg, Sandeep Gopalan

University of Pennsylvania Journal of International Law

No abstract provided.

Sec Rules And Human Rights: Specialized Disclosure For Corporate Accountability, Verna Krishnamurthy

University of Pennsylvania Journal of International Law

No abstract provided.

Privacy, Predictability And Internet Surveillance In The U.S. And China: Better The Devil You Know?, James D. Fry

University of Pennsylvania Journal of International Law

No abstract provided.

The Cape Town Convention’S Improbable-But-Possible Progeny Part Two: Bilateral Investment Treaty-Like Enforcement Mechanism, Charles W. Mooney Jr.

All Faculty Scholarship

This Essay is Part Two of a two-part essay series that outlines and evaluates two possible future international instruments. Each instrument draws substantial inspiration from the Cape Town Convention and its Aircraft Protocol (together, the “Convention”). The Convention governs the secured financing and leasing of large commercial aircraft, aircraft engines, and helicopters. It entered into force in 2006. It has been adopted by sixty-six Contracting States (fifty-eight of which have adopted the Aircraft Protocol), including the U.S., China, the E.U., India, Ireland, Luxembourg, Russia, and South Africa.

This Part of the Essay explores whether an investor-state dispute settlement (ISDS) feature …