Law Commons^™

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

David Ingram

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …

Time To Join The “Bit Club”? Promoting And Protecting Brazilian Investments Abroad, Lucas Bento

Lucas Bento

The growing internationalization of Brazilian organizations calls for a greater array of investment protections available to them, particularly as they weave through an increasingly competitive and uncertain global economy. This article argues that the Brazilian government should consider ratifying BITs so as to provide greater protections to its own – domestic – investors.

China-United States Trade Negotiations And Disputes: The Wto And Beyond, Pasha L. Hsieh

Pasha L. Hsieh

This article examines trade negotiations and disputes between China and the United States. It begins by ascertaining the unique political aspects of China-U.S. bilateral economic ties and explains the historical background underlying the relations. The article then argues that trade frictions between China and the United States are unlikely to repeat the Depression-era trade wars. The article observes that both the Chinese and U.S. governments are aware that the adoption of WTO-inconsistent measures may result in retaliatory actions from the other side. Hence, the two governments have attempted to resolve potential disputes through high-level official talks. Even when certain issues …

My Paper Makes Ssrn Top Ten List, Gabriela Steier

Gabriela Steier

My paper, "THE WTO'S BLIND SPOT: DISPUTE RESOLUTION IN THE INTERNATIONAL FOOD INDUSTRY", was recently listed on SSRN's Top Ten download list for: Food Law & Policy eJournal, PSN: Politics of the WTO (Topic), PSN: Politics of the WTO (Topic), SRPN: Agribusiness (Topic), SRPN: Biotechnology (Topic), SRPN: Politics of Food (Topic) and SRPN: World Trade Organisation (Topic).

China-Taiwan Trade Relations: Implications Of The Wto And Asian Regionalism, Pasha L. Hsieh

Pasha L. Hsieh

Cross-strait relations underwent a fundamental change when both China and Taiwan joined the World Trade Organization (WTO) in 2001. The WTO is the first world-wide multilateral organization in which China and Taiwan share equal statuses. Thus, the WTO provides a neutral forum for China and Taiwan to resolve trade conflicts. More importantly, the WTO requires the two states to behave toward one another in a manner consistent with WTO norms. Consequently, the trade policies of China and Taiwan would change in response to their WTO obligations. In addition to the WTO, Asian regionalism, which refers to the recent accelerated integration …

Is U.S. Operational Self-Defense A State Practice Creating New Customary International Law?, Yevgeny S. Vindman

Yevgeny S Vindman

U.S. policy on self-defense is based on recognition that modern conflicts have created new and unconventional threats that had not been anticipated or addressed in the Law of War. Based on U.S. policy and general principles of self-defense, operational self-defense is an evolutionary concept that developed over the course of the recent conflicts to allow senior commanders to leverage the enormous resources available to reduce or eliminate threats that may have previously been imperceptible. Operational self-defense executed in bello, occupies the operational sphere in War, between tactical and strategic. Operational self-defense is not limited by use of force restrictions imposed …

Equality For All: Equal Protection For Queer Individuals In International Community, David C. Bell

David C Bell

This paper will address the need for international protections of the LGBTI community. After looking at some definitions and theories of international law, this paper will address the question of why protections are needed for the LGBTI community. Then the paper will look at previous attempts to create international precedent to protect these groups. Following those topics, this paper will take a look at the Yogyakarta Principles and conclude by speculating on the future to see where protections for these communities may lie.

The Regulation Of U.S. Money Market Funds: Lessons From Europe, Latoya C. Brown

Latoya C. Brown, Esq.

The recent financial crisis challenged long held perceptions of money market funds (“MMFs”) as stable and highly liquid instruments. Regulators in the US and in Europe now seek to impose additional rules on MMFs to avoid another significant failure as happened to the Reserve Fund. In the US, the debate is drawing even more media attention as question of which regulatory body - such as the Securities and Exchange Commission, the Treasury Department, and the Financial Stability Oversight Council – should lead the way has taken interesting twists and turns. This paper examines primary reform options being proposed in the …

Analyzing The Legitimacy Of The Liberation Tigers Of Tamil Eelam’S Rebellion Against The Sri Lankan State, Paul R. Rickert

Paul R Rickert

No abstract provided.

Linking International Investment Agreements And Corporate Social Responsibility: Challenges And Opportunities In The Grounds Of Corporate Governance, Marco A. Velásquez-Ruiz

Marco A. Velásquez-Ruiz

Considering the intention of introducing a dialogue on the possible interconnections between Foreign Investment Law and Corporate Governance, the purpose of this paper is to present some ideas on the International Investment Agreements likelihood to make Corporate Social Responsibility compromises more robust by including specific provisions on the matter. More specifically, it is intended to understand the ways on which Investment Law –and more specifically International Investment Agreements– influences the structure and dynamics of Corporate Governance, so as to assess whether the inclusion of Corporate Social Responsibility on the abovementioned legal instruments might influence the conduct of Multinational Corporations.

Ending Judgment Arbitrage: Jurisdictional Competition And The Enforcement Of Foreign Money Judgments In The United States, Gregory Shill

Gregory Shill

Recent multi-billion-dollar damage awards issued by foreign courts against large American companies have focused attention on the once-obscure, patchwork system of enforcing foreign-country judgments in the United States. That system’s structural problems are even more serious than its critics have charged. However, the leading proposals for reform overlook the positive potential embedded in its design.

In the United States, no treaty or federal law controls the domestication of foreign judgments; the process is instead governed by state law. Although they are often conflated in practice, the procedure consists of two formally and conceptually distinct stages: foreign judgments must first be …

State Courts And Transitory Torts In Transnational Human Rights Cases, Chimene I. Keitner

Chimene I Keitner

No abstract provided.