Law Commons^™

The International Law Of Game Of Thrones, Perry S. Bechky

Perry S. Bechky

Game of Thrones depicts a violent and, some might say, lawless world. Few would think that world evidences much international law. Yet, this article identifies several rules of international law observable on the show and relates them to real-world international law. Observable rules include some fundaments of the law of treaties, customary norms, and (most surprisingly) at least one humanitarian peremptory norm. These rules cover a range of subjects, including sovereignty, state responsibility, jurisdiction, immunities, and human rights. The article also discusses the special legal status of the Night’s Watch, which is governed by the most important legal “text” in …

Justice And Investment Arbitration, Perry S. Bechky

Perry S. Bechky

Investment arbitration is rife with questions about justice. For example: Is it just to allow foreign investors to bring arbitral claims against states – especially when neither domestic investors nor persons other than investors aggrieved by state actions have any comparable access to arbitration? Do investment tribunals do justice between the parties? Do investment tribunals do justice to nonparties and, especially, the public interest? Are the particular forms and procedures of investment arbitration just?

This talk argues that investment arbitration affords a valuable mechanism for access to justice in a world of often-imperfect national courts. Nevertheless, investment arbitration is open …

Homage To Filártiga, Perry S. Bechky

Perry S. Bechky

The Supreme Court’s new decision in Kiobel severely restricted human rights litigation under the Alien Tort Statute (ATS). In doing so, the Court gravely injured the canonical human rights case of Filártiga. This essay celebrates Filártiga, demonstrating that it survives Kiobel in four key respects: its approach to the sources of international law, its conclusion that international law prohibits torture, its dynamic vision of the way the human rights revolution transformed international law, and its hope that courts can help make real a world without torture. The essay presents Filártiga as a living presence and a beacon for future development …

International Adjudication Of Land Disputes: For Development And Transnationalism, Perry S. Bechky

Perry S. Bechky

This short article offers two observations about international adjudication of land disputes. First, the article shows that such adjudication is intended to further development, but that this goal is served better, if counter-intuitively, by rejecting the so-called Salini contribution-to-development test in favor of case-by-case adjudication on the merits. Second, the article locates such adjudication within the modern trend toward transnationalism, a trend that unites international investment law with human rights law. In light of these observations, the article concludes that international adjudication of land disputes may contribute to such human values as development, human rights, and the rule of law.

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 …

Congress Turns To Capital Markets To Support Sanctions, Perry S. Bechky, Danforth Newcomb, Saamir Elshihabi

Perry S. Bechky

For years the US has imposed economic sanctions on certain nations it deems undesirable. Now the Bush administration is facing potential conflicts of interest as Congress pursues an aggressive policy, making use for the first time of the US capital markets. This article discusses the compliance issues companies need to understand about the proposed legislation.

Mismanagement And Misinterpretation: U.S. Judicial Implementation Of The Warsaw Convention In Air Disaster Litigation, Perry S. Bechky

Perry S. Bechky

This article explores the implementation of the Warsaw Convention in international air disaster lawsuits in U.S. courts, including their approach to mass tort management and treaty interpretation. Specifically, the article evaluates the Warsaw Convention cases according to the rules of treaty interpretation codified in the Vienna Convention on the Law of Treaties and a test for mass tort management developed by Judge Jack Weinstein.

Treaty Law: A Primer For Human Rights Lawyers, Perry S. Bechky

Perry S. Bechky

This short article introduces the law of treaties to domestic lawyers handling civil liberties cases.