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Articles 1 - 18 of 18
Full-Text Articles in Law
International Ngos, The Arab Upheaval, And Human Rights: Examining Ngo Resource Allocation, Gerald M. Steinberg
International Ngos, The Arab Upheaval, And Human Rights: Examining Ngo Resource Allocation, Gerald M. Steinberg
Northwestern Journal of Human Rights
No abstract provided.
The Evolving Asean Human Rights System: The Asean Human Rights Declaration Of 2012, Gerard Clarke
The Evolving Asean Human Rights System: The Asean Human Rights Declaration Of 2012, Gerard Clarke
Northwestern Journal of Human Rights
No abstract provided.
Constitutional Apostasy: The Ambiguities In Islamic Law After The Arab Spring, Brian O'Connell
Constitutional Apostasy: The Ambiguities In Islamic Law After The Arab Spring, Brian O'Connell
Northwestern Journal of Human Rights
No abstract provided.
National Discretion And International Deference In The Restriction Of Human Rights: A Comparison Between The Jurisprudence Of The European And The Inter-American Court Of Human Rights, Pablo Contreras
Northwestern Journal of Human Rights
No abstract provided.
Speechlessness And Trauma: Why The International Criminal Court Needs A Public Interviewing Guide, Philip A. Sandick
Speechlessness And Trauma: Why The International Criminal Court Needs A Public Interviewing Guide, Philip A. Sandick
Northwestern Journal of Human Rights
No abstract provided.
A Tort Statute, With Aliens And Pirates, Eugene Kontorovich
A Tort Statute, With Aliens And Pirates, Eugene Kontorovich
Faculty Working Papers
The pirates of the Caribbean are back. Not in another fantastical film but in the litigation over the reach of the Alien Tort Statute (ATS). For the first time since they dealt with the legal issues raised by a wave of maritime predation in the Caribbean in the early nineteenth century, Supreme Court justices are seriously discussing piracy. This crime has emerged as the test case for evaluating the major controversies about the reach of the statute -- namely, extraterritorial application and the existence of corporate liability. At oral argument in Kiobel v. Royal Dutch Shell, justices of all persuasions …
The Role Of Precedent In Defining Res Judicata In Investor–State Arbitration, Pedro J. Martinez-Fraga, Harout Jack Samra
The Role Of Precedent In Defining Res Judicata In Investor–State Arbitration, Pedro J. Martinez-Fraga, Harout Jack Samra
Northwestern Journal of International Law & Business
As international arbitration, and investment arbitration in particular, becomes more prevalent, the risks of doctrinal fragmentation also increase, in part driven by the disparate treatment of the doctrine of res judicata throughout most jurisdictions, and in the arbitration context. Notwithstanding the general consensus regarding the broad contours of res judicata and its firm position as a principle of international law, there is little agreement regarding how it is to be administered. These developments threaten to undermine the international arbitration system, wresting from it normative legitimacy. The U.S. common law version of res judicata, which is distinct from res judicata as …
A Bright Idea: A Bright-Line Test For Extraterritoriality In F-Cubed Securities Fraud Private Causes Of Action, Jennifer Mitchell Coupland
A Bright Idea: A Bright-Line Test For Extraterritoriality In F-Cubed Securities Fraud Private Causes Of Action, Jennifer Mitchell Coupland
Northwestern Journal of International Law & Business
Whether a foreign or American claimant has a private right of action in so-called ―Foreign-Cubed‖ or ―Foreign-Squared‖ claims under Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Securities and Exchange Commission (SEC) Rule 10b-5 has been the subject of much debate among U.S. courts, Congress, and the international community. Historically, these cases have been heard in the United States if the conduct had a substantial effect in the United States or on U.S. citizens (the effects test), or if the fraudulent or wrongful conduct occurred in the United States (the conduct test). However, in June 2010, …
The Penalties For Piracy: An Empirical Study Of National Prosecution Of International Crime, Eugene Kontorovich
The Penalties For Piracy: An Empirical Study Of National Prosecution Of International Crime, Eugene Kontorovich
Faculty Working Papers
This Article examines the sentences imposed by courts around the world in prosecutions of Somali pirates captured on the high seas. Somali piracy has become perhaps the highest-volume area of international criminal law by national courts. As with other international crimes, international law is silent on the subject of penalties. The large number of parallel prosecutions of offenders from a single international "situation" offers an empirical window into the interactions between international and national law in municipal courts; into factors affecting punishment for international crimes and the hierarchy of international offenses; and of course into potential concerns with the current …
The Multiple Roles Of International Courts And Tribunals: Enforcement, Dispute Settlement, Constitutional And Administrative Review, Karen J. Alter
The Multiple Roles Of International Courts And Tribunals: Enforcement, Dispute Settlement, Constitutional And Administrative Review, Karen J. Alter
Faculty Working Papers
This chapter is part of an upcoming interdisciplinary volume on international law and politics. The chapter defines four judicial roles states have delegated to international courts (ICs) and documents the delegation of dispute settlement, administrative review, enforcement and constitutional review jurisdiction to ICs based on a coding of legal instruments defining the jurisdiction of 25 ICs. I show how the design of ICs varies by judicial role and argue that the delegation of multiple roles to ICs helps explain the shift in IC design to include compulsory jurisdiction and access for nonstate actors to initiate litigation. I am interested in …
Discretion, Delegation, And Defining In The Constitution's Law Of Nations Clause, Eugene Kontorovich
Discretion, Delegation, And Defining In The Constitution's Law Of Nations Clause, Eugene Kontorovich
Faculty Working Papers
Never in the nation's history has the scope and meaning of Congress's power to "Define and Punish. . . Offenses Against the Law of Nations" mattered as much. The once obscure power has in recent years been exercised in broad and controversial ways, ranging from civil human rights litigation under the Alien Tort Statue (ATS) to military commissions trials in Guantanamo Bay. Yet it has not yet been recognized that these issues both involve the Offenses Clauses, and indeed raise common constitutional questions.First, can Congress only "Define" offenses that clearly already exist in international law, or does it have discretion …
Cleared For Landing: Airbus, Boeing, And The Wto Dispute Over Subsidies To Large Civil Aircraft, Jeffrey D. Kienstra
Cleared For Landing: Airbus, Boeing, And The Wto Dispute Over Subsidies To Large Civil Aircraft, Jeffrey D. Kienstra
Northwestern Journal of International Law & Business
Competition between Airbus and Boeing in the large civil aircraft industry grew contentious as Airbus began to overtake Boeing in its long-held position as the world‘s leading producer of large civil aircraft. Airbus and Boeing had also each embarked on multi-billion dollar investments into the development of new aircraft, further raising the stakes. The United States and European Communities in turn increasingly scrutinized the subsidies provided by their counterpart to its respective aircraft manufacturer. This conflict over subsidies, which had persisted between the United States and European Communities since the inception of Airbus in 1970, reached a head in 2004 …
The Scorecard So Far: Emerging Issues In Cross-Border Insolvencies Under Chapter 15 Of The U.S. Bankruptcy Code, Megan R. O'Flynn
The Scorecard So Far: Emerging Issues In Cross-Border Insolvencies Under Chapter 15 Of The U.S. Bankruptcy Code, Megan R. O'Flynn
Northwestern Journal of International Law & Business
Chapter 15 of the U.S. Bankruptcy Code was modeled after the Model Law on Cross-Border Insolvency, drafted by the United Nations Commission on International Trade and Law (UNCITRAL) in 1997. Despite the relatively small number of cases commenced in U.S. Courts under Chapter 15 since its adoption, no other section of the current Bankruptcy Code has broader implications for international business transactions and global foreign business relations than the provisions of Chapter 15. Moreover, since the United States has long been an innovator at the forefront of international insolvency law, interpretation of key provisions of the Chapter and related UNCITRAL …
Is Canada The New Shangri-La Of Global Securities Class Actions?, Tanya J. Monestier
Is Canada The New Shangri-La Of Global Securities Class Actions?, Tanya J. Monestier
Northwestern Journal of International Law & Business
There has been significant academic buzz about Silver v. Imax, an Ontario case certifying a global class of shareholders alleging statutory and common law misrepresentation in connection with a secondary market distribution of shares. Although global class actions on a more limited scale have been certified in Canada prior to Imax, it can now be said that global classes have “officially” arrived in Canada. Many predict that the Imax decision means that Ontario will become the new center for the resolution of global securities disputes. This is particularly so after the United States largely relinquished this role in Morrison v. …
The Hierarchy That Wasn’T There: Elevating “Usage” To Its Rightful Position For Contracts Governed By The Cisg, William P. Johnson
The Hierarchy That Wasn’T There: Elevating “Usage” To Its Rightful Position For Contracts Governed By The Cisg, William P. Johnson
Northwestern Journal of International Law & Business
Under domestic U.S. sales law, usage of trade is relevant in ascertaining the meaning of an agreement, and it can be used to supplement, qualify, or explain an agreement. However, usage of trade may not be used under domestic U.S. sales law to contradict a written agreement. Moreover, any course of performance or course of dealing between the parties will prevail over inconsistent usage of trade. The United Nations Convention on Contracts for the International Sale of Goods, or CISG, similarly provides for consideration of usage to establish the terms of the agreement between the parties, as well as to …
Contingent Capital In European Union Bank Restructuring, Christoph K. Henkel, Wulf A. Kaal
Contingent Capital In European Union Bank Restructuring, Christoph K. Henkel, Wulf A. Kaal
Northwestern Journal of International Law & Business
The uncoordinated reorganization and resolution of Systemically Important Financial Institutions in different countries pose many challenges. Contingent capital provides a viable alternative for the efficient restructuring and resolution of failing financial institutions. Contingent Capital provides a mechanism for internalizing banks’ failure costs and helps return distressed financial institutions to solvency. This article offers a comparative perspective on bank resolution and restructuring in the European Union, Switzerland, the United Kingdom and Germany and shows that Contingent Capital could play a substantial role in bank restructuring.
Chuaigh Ár Lá – Debt Of A Gaelsman: Ireland’S Sovereign Debt Crisis, National And International Responses, James Croke
Chuaigh Ár Lá – Debt Of A Gaelsman: Ireland’S Sovereign Debt Crisis, National And International Responses, James Croke
Northwestern Journal of International Law & Business
How did a small island nation on the periphery of Europe go from the pauper of the European Union, to a paragon of a market economy, and back to fiscal ruin within the space of twenty years? Ireland was the poorest nation in the European Economic Community (EEC) in 1988. In the late 1980’s and early 1990’s it undertook structural reforms to fundamentally reshape its economy, the result was a booming economy throughout the mid-to-late 1990’s and early 2000’s, primarily fueled by exports and foreign direct investment. Rather than continue on a sustained, but slower, growth path in the 2000’s, …
Culpa In Contrahendo In European Private International Law: Another Look At Article 12 Of The Rome Ii Regulation, Najib Hage-Chahine
Culpa In Contrahendo In European Private International Law: Another Look At Article 12 Of The Rome Ii Regulation, Najib Hage-Chahine
Northwestern Journal of International Law & Business
Precontractual liability is liability that arises out of a harmful conduct that occurs during the formation period of a contract. Where the harmful conduct occurs during international negotiations, a conflict of laws issue arises. The determination of the applicable law to precontractual liability can be a complex and tedious task, which is why the European Legislature has provided a special conflict-of-law rule in Article 12 of the Rome II Regulation on the applicable law to non-contractual obligations. Through this provision, the European Legislature aims to achieve uniformity between EU Member States, while providing an appropriate conflicts rule. The present essay …