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Articles 1 - 30 of 67
Full-Text Articles in Law
American And Other National Variations On The Theme Of International Commercial Arbitration, Thomas E. Carbonneau
American And Other National Variations On The Theme Of International Commercial Arbitration, Thomas E. Carbonneau
Georgia Journal of International & Comparative Law
No abstract provided.
Taxpayers’ Lack Of Standing In International Tax Dispute Resolutions: An Analysis Based On The Hybrid Norms Of International Taxation, Limor Riza
Pace Law Review
This paper examines whether a taxpayer should have “standing” in international dispute resolutions. To answer this question the primary task is to identify the nature of international taxation. In other words, this paper discusses how to classify the field of international taxation. Is it part of public international law, private international law (i.e., conflict of laws), national (domestic) law, or is it a hybrid field that requires specific attention? Making this distinction is vital for resolving disputes when a taxpayer is taxed twice for cross-border transactions in cases where the double tax convention is unclear and both contracting states claim …
Securities - Insider Trading - The Effects Of The New Eec Draft Insider Trading Directive, Douglas A. Nystrom
Securities - Insider Trading - The Effects Of The New Eec Draft Insider Trading Directive, Douglas A. Nystrom
Georgia Journal of International & Comparative Law
No abstract provided.
Changing Trends In The Content And Purpose Of Mexico's Intellectual Property Right Regime, Alan S. Gutterman
Changing Trends In The Content And Purpose Of Mexico's Intellectual Property Right Regime, Alan S. Gutterman
Georgia Journal of International & Comparative Law
No abstract provided.
The Inter-American System For The Promotion And Protection Of Human Rights, David J. Padilla
The Inter-American System For The Promotion And Protection Of Human Rights, David J. Padilla
Georgia Journal of International & Comparative Law
No abstract provided.
Age Discrimination--Extraterritorial Application Of The Age Discrimination In Employment Act--Equal Employment Opportunity Commission Determines That A United States Corporation Operating In West Germany Is Subject To Suit Under The Age Discrimination In Employment Act--Employer's Defense Based On Compliance With West German Law Rejected, Chris Lauderdale
Georgia Journal of International & Comparative Law
No abstract provided.
Grand Anse Declaration: Can The Caribbean Community Realistically Integrate Intraregional Trade And Production Within The Confines Of The Caricom Treaty By 1993?, C. Ray Miskelley
Grand Anse Declaration: Can The Caribbean Community Realistically Integrate Intraregional Trade And Production Within The Confines Of The Caricom Treaty By 1993?, C. Ray Miskelley
Georgia Journal of International & Comparative Law
No abstract provided.
Blue Helmets In The Next Frontier: The Future Is Now, Sean R. Mikula
Blue Helmets In The Next Frontier: The Future Is Now, Sean R. Mikula
Georgia Journal of International & Comparative Law
No abstract provided.
Carriage Of Hazardous Cargoes By Sea - The Hns Convention, Peter Wetterstein
Carriage Of Hazardous Cargoes By Sea - The Hns Convention, Peter Wetterstein
Georgia Journal of International & Comparative Law
No abstract provided.
Exclusivity Of The Warsaw Convention's Cause Of Action: The U.S. Supreme Court Removes Some Of The Expansive Views Foundations In Zicherman V. Korean Air Lines Co. Ltd., Brian S. Tatum
Georgia Journal of International & Comparative Law
No abstract provided.
Regulation Of Foreign Trade In Korea, Eun Sup Lee
Regulation Of Foreign Trade In Korea, Eun Sup Lee
Georgia Journal of International & Comparative Law
No abstract provided.
Globalization And International Law, Charles A. Hunnicutt
Globalization And International Law, Charles A. Hunnicutt
Georgia Journal of International & Comparative Law
No abstract provided.
The European Union, State-Sponsored Gambling, And Private Gambling Services: Time For Harmonization?, Matthew W. Mauldin
The European Union, State-Sponsored Gambling, And Private Gambling Services: Time For Harmonization?, Matthew W. Mauldin
Georgia Journal of International & Comparative Law
No abstract provided.
A Difficult Situation Made Harder: A Parent's Choice Between Civil Remedies And Criminal Charges In International Child Abduction, Donyale N. Leslie
A Difficult Situation Made Harder: A Parent's Choice Between Civil Remedies And Criminal Charges In International Child Abduction, Donyale N. Leslie
Georgia Journal of International & Comparative Law
No abstract provided.
Must Treaty Violations Be Remedied?: A Critique Of Sanchez-Llamas V. Oregon, John Quigley
Must Treaty Violations Be Remedied?: A Critique Of Sanchez-Llamas V. Oregon, John Quigley
Georgia Journal of International & Comparative Law
No abstract provided.
Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court, Mominah Usmani
Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court, Mominah Usmani
Georgia Journal of International & Comparative Law
No abstract provided.
Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin
Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin
Georgia Journal of International & Comparative Law
No abstract provided.
Eu-Switzerland: Quo Vadis?, Marc Maresceau
Eu-Switzerland: Quo Vadis?, Marc Maresceau
Georgia Journal of International & Comparative Law
No abstract provided.
U.S.-Eu Second Stage Air Transport Agreement: Toward An Open Aviation Area, Charles A. Hunnicutt
U.S.-Eu Second Stage Air Transport Agreement: Toward An Open Aviation Area, Charles A. Hunnicutt
Georgia Journal of International & Comparative Law
No abstract provided.
Hey Uncle Sam! Maybe It's Time To Stop Condoning Child Abductions To Mexico, Antoinette Newberry Wood
Hey Uncle Sam! Maybe It's Time To Stop Condoning Child Abductions To Mexico, Antoinette Newberry Wood
Georgia Journal of International & Comparative Law
No abstract provided.
The International Human Rights Regime And Supranational Regional Organizations: The Challenge Of The Eu, Pauline Hilmy
The International Human Rights Regime And Supranational Regional Organizations: The Challenge Of The Eu, Pauline Hilmy
Michigan Journal of International Law
The global legal order as we know it today developed largely to accommodate and facilitate the modern state system that arose in the wake of the 1648 Treaty of Westphalia. As a result, international law consists primarily of international agreements1 and customary rules arising out of state practice and recognition.2 States still remain the primary subjects of international law today, but they are increasingly joined by other actors on the global stage, including international organizations and individuals–and the global legal order has struggled to adapt and adjust.
Reframing International Financial Regulation After The Global Financial Crisis: Rational States And Interdependence, Not Regulatory Networks And Soft Law, Matthew C. Turk
Reframing International Financial Regulation After The Global Financial Crisis: Rational States And Interdependence, Not Regulatory Networks And Soft Law, Matthew C. Turk
Michigan Journal of International Law
The British bank Northern Rock failed on September 14, 2007; U.S. investment bank Bear Stearns collapsed on March 17, 2008 and was subject to a government-engineered takeover by J.P. Morgan Chase; and, on the night of September 15, 2008, U.S. investment bank Lehman Brothers filed for bankruptcy and sent global financial markets into disarray the following Monday morning. These financial institutions shared several features in common prior to their downfall, but perhaps the most curious is that they were each considered fully compliant with the second generation framework for the Basel Accords on Capital Adequacy (Basel II), an international agreement …
The Politics Of Law And The Laws Of Politics: The Political Paradoxes Of Transnational Constitutionalism, Pablo Holmes
The Politics Of Law And The Laws Of Politics: The Political Paradoxes Of Transnational Constitutionalism, Pablo Holmes
Indiana Journal of Global Legal Studies
This essay addresses the ongoing debate on transnational constitutionalism and the theoretical assumptions related to the possibilities of internal politicization of transnational governance. After reconstructing the debate on the transnationalization of law and the emergence of fragmented forms of transnational governance, I engage with the description of emerging forms of constitutional law within the fragmented legal regimes of global governance. After doing that, I explore the assumption exposed by some legal scholars, which insists on the possibility of an internal politicization of legal discourse as a way to challenge the so-called "rule of experts" in transnational law. Drawing on the …
The Appeal Of Icsid Awards: How The Aminz Appellate Mechanism Can Guide Reform Of Icsid Procedure, Christopher Smith
The Appeal Of Icsid Awards: How The Aminz Appellate Mechanism Can Guide Reform Of Icsid Procedure, Christopher Smith
Georgia Journal of International & Comparative Law
No abstract provided.
Jlia 3:1 - The Future Of International Criminal Justice
Jlia 3:1 - The Future Of International Criminal Justice
Penn State Journal of Law & International Affairs
No abstract provided.
Learning From Our Mistakes: The Belfast Project Litigation And The Need For The Supreme Court To Recognize An Academic Privilege In The United States, Kathryn L. Steffen
Learning From Our Mistakes: The Belfast Project Litigation And The Need For The Supreme Court To Recognize An Academic Privilege In The United States, Kathryn L. Steffen
Penn State Journal of Law & International Affairs
Through the Belfast Project, researchers sponsored by Boston College began to compile an oral history of the period of violent political conflict in Northern Ireland known as “The Troubles” in a series of interviews. The interviewees’ participation in the project was conditioned on a strict promise of confidentiality. However, when authorities in the United Kingdom became suspicious that the interviews contained evidence of criminal activity, the United Kingdom, pursuant to a Mutual Legal Assistance Treaty, requested the United States to subpoena the materials on its behalf. Satisfaction of the subpoena would mean not only turning over the interview recordings, but …
National Security And The Protection Of Constitutional Liberties: How The Foreign Terrorist Organization List Satisfies Procedural Due Process, Aaron Schwartz
National Security And The Protection Of Constitutional Liberties: How The Foreign Terrorist Organization List Satisfies Procedural Due Process, Aaron Schwartz
Penn State Journal of Law & International Affairs
Foreign terrorist organizations pose a real and constantly evolving threat to U.S. national security. The Foreign Terrorist Organization (FTO) List seeks to temper that threat by extending the U.S. government an effective legal tool to identify and sanction members of terrorist organizations and those who support them. At the same time, however, the government must also ensure that its efforts to protect U.S. citizens do not trample constitutionally protected rights. This comment begins by exploring the FTO List's authorizing legislation and the policy and goals of that legislation. The comment then reviews and analyzes a series of cases discussing the …
Third Time’S The Charm: Will Basel Iii Have A Measurable Impact On Limiting Future Financial Turmoil?, Erin Pentz
Third Time’S The Charm: Will Basel Iii Have A Measurable Impact On Limiting Future Financial Turmoil?, Erin Pentz
Penn State Journal of Law & International Affairs
The Great Recession of 2008 caused banking failures around the globe. The Basel Committee on Banking Supervision responded swiftly to create new minimum capital requirements for financial institutions in hopes of preventing additional failures and warding off future crises. Although the new capital standards that Basel III proposes are a step in the right direction, those standards alone will not be sufficient to prevent future bank failures in times of economic decline. Rather, true financial sector stability requires adequate capitalization of all institutions in terms of quality and quantity of capital, a strong regulatory framework, and a limitation on the …
International Institutions And The Resource Curse, Patrick Keenan
International Institutions And The Resource Curse, Patrick Keenan
Penn State Journal of Law & International Affairs
Many countries that are richly endowed with natural resources have failed to turn that resource wealth into sustained development. In many places, a small coterie of elites has become rich while most citizens see little benefit from their country’s vast resource wealth. A principal cause of this problem, often called the resource curse, is weak domestic institutions that permit leaders to enrich themselves and ignore the development needs of the country. From this, most scholars and policymakers have concluded that the way to fix the resource curse is to reform domestic institutions.
This article challenges the conventional wisdom and argues …
The Arab Spring’S Four Seasons: International Protections And The Sovereignty Problem, Jillian Blake, Aqsa Mahmud
The Arab Spring’S Four Seasons: International Protections And The Sovereignty Problem, Jillian Blake, Aqsa Mahmud
Penn State Journal of Law & International Affairs
In December 2010, public demonstrations erupted throughout the Middle East against autocratic regimes, igniting a regional political transformation known as the Arab Spring. Depending on events, modern international criminal and humanitarian law provided certain protections to vulnerable populations. However, international law did not provide a uniform degree of protection to civilians and combatants who faced similar circumstances. This Article argues for a uniform standard of protections for all populations affected by armed conflict, war crimes, and crimes against humanity. It evaluates each of five major Arab Spring uprisings (Tunisia, Bahrain, Egypt, Syria, and Libya) and describes the legal protections that …