Law Commons^™

The Ponderosa Claim: Opic Concludes That Argentina Violated International Law, Perry S. Bechky

Perry S. Bechky

In 2005, the U.S. Overseas Private Investment Corporation (“OPIC”) determined that the Government of Argentina (the “GOA”) violated international law in its response to the 2001 financial crisis, by abrogating key provisions of the license that it had granted to operate the major natural gas pipeline in southern Argentina. This case note situates the OPIC determination with the contemporaneous investor-state arbitral claims brought by private investors directly against the GOA pursuant to the terms of a number of Argentina’s Bilateral Investment Treaties (“BITs”), and then offers several observations about the relationship between BITs and OPIC’s political-risk-insurance (“PRI”) in the modern …

Die Mitwirkung Der Parlamentarischen Versammlung An Den Konventionen Des Europarats, Beat Habegger

Beat Habegger

No abstract provided.

Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The project of the “Treaty that establishes a Constitution for the Europe”, beyond its political consequences, puts some challenges to the classical constitutional theory. At first sight, it seems completely heterodox towards canon constitutional tendencies, and first of all in what concerns the constituent power classical theories. However, a more rigorous analysis of the history of the modern constitutionalism and its founding texts, mainly French, can lead us to detect very revealing bridges between the liberal modern constitutionalism of the XVIIIth century and the present constitution making of a codified European Constitution. The “treaty” formula that was adopted also represents …

U.S. And International Asylum Standards, Kate Jastram

Kate Jastram

No abstract provided.

A-File And Record Of Proceeding Analysis Of Expedited Removal, Kate Jastram, Tala Hartsough

Kate Jastram

No abstract provided.

No Longer Little Known But Now A Door Ajar: An Overview Of The Evolving And Dangerous Role Of The Alien Tort Statute In Human Rights And International Law Jurisprudence, Donald J. Kochan

Donald J. Kochan

Human rights’ and other international law activists have long worked to add teeth to their tasks. One of the most interesting avenues for such enforcement has been the Alien Tort Statute (“ATS”). The ATS has become the primary vehicle for injecting international norms and human rights into United States courts – against nation-states, state actors, and even private individuals or corporations alleged to actually or in complicity or conspiracy been responsible for supposed violations of international law. This Symposium Article provides an overview of the ATS evolution (or revolution), discusses the most recent significant development in the evolution arising from …

Squaring The Circle? Reconciling Sovereignty And Global Governance Through Global Government Networks (Review Of Anne-Marie Slaughter, A New World Order), Kenneth Anderson

Kenneth Anderson

The Uses Of Pacific Settlement Techniques In Malaysia-Singapore Relations, Chin Leng Lim

Chin Leng Lim

States are compelled to seek flexibility in the design of their international law-related policies. Malaysia and Singapore are not exceptional in this respect. Both countries appeal to international law not infrequently when presenting their respective foreign policy positions. Both countries are active members of the UN; neither has submitted to the compulsory jurisdiction of the International Court of Justice but both have resorted to the Court by special agreement. However, while Malaysia’s decisions to litigate the Ligitan and Sipadan issue with Indonesia and to go to court with Singapore over Pedra Branca/Pulau Batu Puteh presented relatively little risk, a low-risk …