Law Commons^™

Incentivizing Corporate America To Eradicate Transnational Bribery Worldwide: Federal Transparency And Voluntary Disclosure Under The Foreign Corrupt Practices Act, Peter R. Reilly

Peter R. Reilly

No abstract provided.

Legal Pluralism And Legal Universalism In A Global Context, Neil Walker, Peer Zumbansen

Peer Zumbansen

Neil Walker, Regius Professor of Public Law and the Law of Nature and Nations, Edinburgh School of Law, speaks about "constitutional pluralism" in a global context. He explores the insights constitutional pluralism brings to transnational law, why it's particularly pertinent to the European Union, and the extent to which these insights might translate to the global stage. Respondent: Peer Zumbansen, Osgoode Hall Law School.

The Emerging Restrictions On Sovereign Immunity: Peremptory Norms Of International Law, The U.N. Charter, And The Application Of Modern Communications Theory, Winston Nagan, Joshua Root

Winston P Nagan

The article provides a fresh re-examination of the conceptual foundations of the sovereign immunity doctrine in the light of the changing character of sovereignty itself. This is done in the context of the changing expectations in international law generated by the UN Charter, and the development of human rights and humanitarian law. The article applies the innovative communications theories generated by the New Haven School to provide a more realistic and relevant approach to the issue of international law-making in this area. The article provides an overview of the emergence of changed expectations relating to the restrictions on the scope …

Internet Casinos: A Sure Bet For Money Laundering, Jon Mills

Jon L. Mills

Since the end of World War II, American society has seen the emergence of technology promising to make life easier, better and longer lasting. The more recent explosion of the Internet is fulfilling the dreams of the high-tech pundits as it provides global real-time communication links and makes the world's knowledge universally available. Privacy concerns surrounding the develop-ment of the Internet have mounted, and in response, service providers and web site operators have enabled web users to conduct transactions in nearly complete anonymity. While anonymity respects individual privacy, anonymity also facilitates criminal activities needing secrecy. One such activity is money …

Promise Against Peril: Of Power, Purpose, And Principle In International Law, Robert Hockett

Robert C. Hockett

I take two recent monographs on international law – Mary Ellen O’Connell’s "The Power and Purpose of International Law," and Eric Posner’s "The Perils of Global Legalism," as case studies in a more general inquiry into the role of the "rule of law" ideal in domestic and international law. I argue that international and domestic law alike give varyingly explicit and effective expression to the rule of law ideal, and that the task before us is accordingly steadily to improve their effectiveness in so doing, not to pretend that there is no role for this ideal to play in interpreting …

Transnational Litigation, Mahdev Mohan

Mahdev Mohan

In 2013, the United States Supreme Court held that it had no jurisdiction to hear a case relating to conduct which occurred outside U.S. territory, and that concerned a suit brought against a company based outside the U.S. Today referred to as the ‘Kiobel decision’, it represents a significant shift of the aperture of transnational corporate accountability away from the U.S. – which generally has been the default venue – and towards regional and foreign jurisdictions where violations occur, or where responsible beneficiaries of the wrongdoings reside or conduct their businesses.

Mahdev Mohan, an Assistant Professor of Law at the …

On Genealogy Of Proposals To Reform Investor-State Arbitration, Ahmad Ghouri

Ahmad Ali Ghouri

Investor-State arbitration cases involving public interest regulation have been understood as struggles between advocates of the free movement of investment capital, such as multinational corporations, and environmental or human rights interest groups. The critical questions have been framed as follows: should the competing values and interests in public interest regulatory disputes be reconciled through investor-State arbitration? Should arbitrators be permitted to incorporate non-investment international norms into investment law and interpret investment treaties by applying international law generally? Is the development of international law better served by States, as representatives of their peoples, determining the balance of protection and costs by …

Comparative Law As Transnational Law: A Decade Of The German Law Journal, Russell Miller, Peer Zumbansen

Russell A. Miller

No abstract provided.

Introduction - Comparative Law As Transnational Law: A Decade Of The German Law Journal, Russell Miller, Peer Zumbansen

Russell A. Miller

No abstract provided.

The Day The Earth Stood Still?--Reading Jürgen Habermas's Essay "February 15" Against Ian Mcewan's Novel, Russell Miller

Russell A. Miller

No abstract provided.

Das Bundesverfassungsgericht: Procedure, Practice And Policy Of The German Federal Constitutional Court, Russell Miller, Donald Kommers

Russell A. Miller

No abstract provided.

Progress In International Law - An Explanation Of The Project, Russell Miller

Russell A. Miller

No abstract provided.

Hamdan V. Rumsfeld, Russell Miller

Russell A. Miller

No abstract provided.

Comparative Law And Germany's Militant Democracy, Russell Miller

Russell A. Miller

No abstract provided.

Introduction: U.S. National Security, Intelligence And Democracy: From The Church Committee To The War On Terror, Russell Miller

Russell A. Miller

No abstract provided.

Paradoxes Of Personality: Transnational Corporations, Non-Governmental Organizations And Human Rights In International Law, Russell Miller

Russell A. Miller

No abstract provided.

Annual Of German & European Law 2004/2005, Russell Miller, Peer Zumbansen

Russell A. Miller

No abstract provided.

Transboundary Harm In International Law: Lessons From The Trail Smelter Arbitration, Russell Miller, Rebecca Bratspies

Russell A. Miller

No abstract provided.

Introduction - The Trail Smelter Arbitration And Transboundary Harm, Russell Miller, Rebecca Bratspies

Russell A. Miller

No abstract provided.

Surprising Parallels Between Trail Smelter And The Global Climate Change Regime, Russell Miller

Russell A. Miller

No abstract provided.

Annual Of German & European Law 2003, Russell Miller, Peer Zumbansen

Russell A. Miller

No abstract provided.