Law Commons^™

Jumping The Pond: Transnational Law And The Future Of Chemical Regulation, Noah M. Sachs

Vanderbilt Law Review

Just as domestic pollution can cause transnational externalities, domestic environmental regulation can create transnational ripple effects in other jurisdictions. In this Article, I show how chemical regulation-long a weak link in the network of U.S. environmental laws-is about to be reshaped and reformed through the extraterritorial ripple effects of new European Union legislation. Contributing to both international law and environmental law scholarship, this Article shows how transnational information flows can be harnessed to end the longstanding drought of data on chemical toxicity in the United States.

Part I of this Article critiques the U.S. chemical regulatory regime, arguing that a …

The Effects Test: Extraterritoriality's Fifth Business, Austen Parrish

Vanderbilt Law Review

The world has recently seen a tremendous expansion in countries using extraterritorial laws'-laws that regulate the activities of foreigners outside a country's borders. In the United States, domestic laws now commonly regulate extraterritorial conduct and transnational litigation has blossomed. No longer limited to the antitrust and commercial contexts, courts apply all sorts of public and private laws to activity occurring abroad. Academics have encouraged the trend, finding the notion that law should be tied to territory to be an archaic remnant of a preglobalized world. In an age of globalization, the argument goes, law should find national and political borders …

International Nuclear Development In The Age Of Interdependence, William O. Doub, Lawrence A. Weiss

Vanderbilt Law Review

The proposal set forth in ... this Article admittedly is no full solution to the problem of preventing the spread of nuclear weapons. Just as important as the control over nuclear materials and technology is the political effort to provide nations with sufficient security so that they perceive little need to develop or acquire nuclear weapons. This Article does assert, however, that a necessary part of any full solution is the cooperative development of a new international consensus regarding the policies governing the international nuclear market and the means to effectuate these policies. Based on the success of the regime …

Establishing Minimum Compensation Criteria For Use In Expropriation Disputes, Roger C. Wesley

Vanderbilt Law Review

The basic criteria suggested in this article are not intended to be exclusive determinative factors, and in most cases, mitigative considerations will continue to play a dominant role. It is hoped, however, that the present analysis will spur the organized initiation of additional proposals on standards and criteria, not only by executive departments and parliamentary chambers, but also by organized bar groups and other representatives of the private sector. The cumulative effect of new proposals hopefully will be the positive enlargement of rule of law considerations in expropriation disputes by a draft convention on investment protection, which to date has …