Law Commons^™

Private International Law Aspects Of Authors' Contracts: The Dutch And French Examples, Jane C. Ginsburg, Pierre Sirinelli

Faculty Scholarship

Copyright generally vests in the author, the human creator of the work. But because, at least until recently, most authors have been ill-equipped to commercialize and disseminate their works on their own, the author has granted rights to intermediaries to market her works. Since most authors are the weaker parties to publishing, production, or distribution contracts, the resulting deal may favor the interests of the intermediary to the detriment of the author’s interests. Many national copyright laws have introduced a variety of corrective measures, from the very first copyright act, the 1710 British Statute of Anne, which instituted the author’s …

Bank Resolution In The European Banking Union: A Transatlantic Perspective On What It Would Take, Jeffrey N. Gordon, Wolf-Georg Ringe

Faculty Scholarship

The project of creating a Banking Union is designed to overcome the fatal link between sovereigns and their banks in the Eurozone. As part of this project, political agreement for a common supervision framework and a common resolution scheme has been reached with difficulty. However, the resolution framework is weak, underfunded and exhibits some serious flaws. Further, Member States' disagreements appear to rule out a federalized deposit insurance scheme, commonly regarded as the necessary third pillar of a successful Banking Union. This paper argues for an organizational and capital structure substitute for these two shortcomings that can minimize the systemic …

An Introduction: Adapting To A Rapidly Changing World, Monica Hakimi, Natalie L. Reid, Samuel Witten

Faculty Scholarship

The 2015 American Society of International Law (ASIL) Annual Meeting aimed to assess how international law is and should be adapting to the profound global changes that are now underway. The Meeting took place against a dramatic backdrop of events: the rapid expansion of the so-called Islamic State in Syria and Iraq; a security and refugee crisis in the Middle East; escalating conflict in Eastern Ukraine and Crimea; an Ebola crisis in West Africa; and the build-up to a widely anticipated round of negotiations on climate change. These and similar geopolitical developments raise serious questions about the continued relevance and …

Distributing The Responsibility To Protect, Monica Hakimi

Faculty Scholarship

Over the past several decades, the central focus of international law has shifted from protecting only sovereign states to protecting individuals. Still, the worst imaginable human rights abuses – genocides, ethnic cleansings, crimes against humanity, and systemic war crimes – occur with alarming frequency. And the international response is often slow or ineffectual.

The most recent development for addressing this problem is the ‘responsibility to protect’, an idea that has received so much attention that it now goes simply by R2P. R2P stands for two basic propositions. First, each state must protect its population from atrocities. This proposition is well …

Dramatic Sideshows At The Hearing, George A. Bermann

Faculty Scholarship

International arbitration has plenty of dramatic moments, strewn across the arbitration life cycle. They can surface quite early, as in the context of petitions for interim relief, document production, challenges to the arbitrator or various dispositive motions. They are less likely to occur at the post-award stage (i.e. annulment or opposition to the recognition or enforcement of awards), due in part to the fact that that stage typically plays out in the sober atmosphere of a national court. But more often than not, the drama associated with international arbitration takes place in and around the arbitral hearing room.

In my …

The Hudson Medal Luncheon: "The Unity Of International Law" – Introductory Remarks By Lori Damrosch, Lori Fisler Damrosch

Faculty Scholarship

The luncheon meeting was convened at 1:00 p.m., Friday, April 10. The luncheon was convened with the opening remarks given by Lori Damrosch, President of the American Society of International Law. Michael Reisman of Yale Law School moderated the panel and introduced the honoree: Pierre-Marie Dupuy of the Graduate Institute of International and Development Studies, Geneva.

Perspectives On The Restatement (Fourth) Project, William S. Dodge, Sarah H. Cleveland, Paul B. Stephan, Harold Hongju Koh, John Bellinger, Campbell Alan Mclachlan

Faculty Scholarship

Good morning, everyone, and thank you all for coming. It is great to have this conversation, particularly with so many people who are already helpfully contributing to this project. As Bill said, I just wanted to say a little bit about the treaty prong of the project that was approved for consideration by the ALI a couple of years ago.

First of all, I should note we get a lot of questions about whether or not we are addressing executive agreements and congressional executive agreements, in addition to Article II treaties. And the current answer is that we are not. …

Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi

Faculty Scholarship

On September 22, 2014, a U.S.-led coalition began airstrikes against the so-called Islamic State in Syria. At the same time, the United States started targeting the Khorasan group in Syria. These two operations raise (again) the question of when States may use defensive force against non-State actors in other States. The text of the United Nations Charter does not resolve the question. Article 2(4) prohibits States from using force “against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations.” Article 51 then recognizes “the inherent right to …

Closing Plenary: Preventing Torture In The Fight Against Terrorism – Remarks By Lori Damrosch, Lori Fisler Damrosch

Faculty Scholarship

I am Lori Damrosch. I am the president of the American Society of International Law. As this is our closing plenary for our 2015 annual meeting, I thought it would be appropriate for me to open it and to say a few words. First of all, it is a tradition at our annual meeting to reserve a place or two for the late-breaking events, or the ‘‘hot topics.’’

Conversation With H.E. Mr. Ahmet Üzümcü, Director-General Of The Organisation For The Prohibition Of Chemical Weapons – Introductory Remarks By Lori Damrosch, Lori Fisler Damrosch

Faculty Scholarship

The conversation was convened at 6:15 p.m., Thursday, April 9 with the opening remarks given by Lori Damrosch, President of the American Society of International Law. Dr. Abiodun Williams, President of The Hague Institute for Global Justice moderated the panel and introduced the speaker: AhmetU¨ zu¨mcu¨, Director-General of the Organisation for the Prohibition of Chemical Weapons.

Defining And Punishing Offenses Under Treaties, Sarah H. Cleveland, William S. Dodge

Faculty Scholarship

One of the principal aims of the U.S. Constitution was to give the federal government authority to comply with its international legal commitments. The scope of Congress's constitutional authority to implement treaties has recently received particular attention. In Bond v. United States, the Court avoided the constitutional questions by construing a statute to respect federalism, but these questions are unlikely to go away. This Article contributes to the ongoing debate by identifying the Offenses Clause as an additional source of Congress's constitutional authority to implement certain treaty commitments. Past scholarship has assumed that the Article I power to "define …

Commentaire De L'Article 19 De La Convention De Vienne De 1978 Sur La Succession D'État En Matière De Traités: Participation À Des Traités Signés Par L’État Prédécesseur Sous Réserve De Ratification, D’Acceptation Ou D’Approbation, Petros C. Mavroidis, Dr. Vassilis P. Tzevelekos

Faculty Scholarship

Commentary on Article 19 of the Vienna Convention on Succession of States in Respect of Treaties: Participation in Treaties Signed by the Predecessor State Subject to Ratification, Acceptance or Approval

French Abstract: Commentaide de l'article 19 de la Convention de Vienne sur la succession d'État en matière de traités. I. CARACTÉRISTIQUES GÉNÉRALES: 1. Les points épineux: à la recherche de fondements a) L’intention du prédécesseur et l’absence de liens suffisants entre le traité multilatéral signé sous réserve de ratification, d’acceptation ou d’approbation et le territoire b) L’absence d’une pratique étoffée II. LA JUSTIFICATION ET L’UTILITÉ DE L’ARTICLE 19: 1. But …