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Articles 1 - 4 of 4
Full-Text Articles in Law
The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank
The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Cartesian Logic And Frontier Politics: French And American Concepts Of Arbitrability, Thomas E. Carbonneau, Francois Janson
Cartesian Logic And Frontier Politics: French And American Concepts Of Arbitrability, Thomas E. Carbonneau, Francois Janson
Journal Articles
This comparative essay represents an attempt to introduce a measure of counterpoise in a growing and much-heralded development in the world law of arbitration. Recent decisional law in the United States, France, and other countries have challenged the strategic significance of the concept of arbitrability in the legal regulation of arbitration. The essay seeks, first, to clarify the function of arbitrability in the law of arbitration and, second, to argue against its judicial deconstruction in either the international or domestic context. The key objective of the analysis is to demonstrate the vital role of demarcation that arbitrability plays between state …
International Abductions, Low Intensity Conflicts, And State Sovereignty: A Moral Inquiry, Fernando R. Tesón
International Abductions, Low Intensity Conflicts, And State Sovereignty: A Moral Inquiry, Fernando R. Tesón
Scholarly Publications
What are the moral principles bearing on operations such as an international abduction? International abductions are part of a larger category of international acts referred to as "low-intensity" operations. Can these acts be morally justified in time of peace? Can one nation, for example, rightfully claim that abductions of persons who are suspected of horrendous crimes by agents of another country violate the first country's sovereignty? Does the interest of the other country in bringing such persons to trial outweigh that sovereignty claim? If not, what interest of the second country could possibly justify the abduction? In any case, are …
China And The Gatt Agreement On Government Procurement, John Linarelli
China And The Gatt Agreement On Government Procurement, John Linarelli
Scholarly Works
No abstract provided.