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Articles 1 - 4 of 4
Full-Text Articles in Law
Transnational Litigation As A Prisoner's Dilemma, Maya Steinitz, Paul Gowder
Transnational Litigation As A Prisoner's Dilemma, Maya Steinitz, Paul Gowder
Faculty Scholarship
In this Article we use game theory to argue that perceptions of widespread corruption in the judicial processes in developing countries create ex ante incentives to act corruptly. It is rational (though not moral) to preemptively act corruptly when litigating in the courts of many developing nations. The upshot of this analysis is to highlight that, contrary to judicial narratives in individual cases — such as the (in)famous Chevron–Ecuador dispute used herein as an illustration — the problem of corruption in transnational litigation is structural and as such calls for structural solutions. The article offers one such solution: the establishment …
Towards A New International Law Of The Atmosphere?, Peter H. Sand, Jonathan B. Wiener
Towards A New International Law Of The Atmosphere?, Peter H. Sand, Jonathan B. Wiener
Faculty Scholarship
Inclusion of the topic ‘protection of the atmosphere’ in the current work programme of the UN International Law Commission (ILC) reflects the long overdue recognition of the fact that the scope of contemporary international law for the Earth’s atmosphere extends far beyond the traditional discipline of ‘air law’ as a synonym for airspace and air navigation law. Instead, the atmospheric commons are regulated by a ‘regime complex’ comprising a multitude of economic uses including global communications, pollutant emissions and diffusion, in different geographical sectors and vertical zones, in the face of different categories of risks, and addressed by a wide …
Does Brexit Spell The Death Of Transnational Law?, Ralf Michaels
Does Brexit Spell The Death Of Transnational Law?, Ralf Michaels
Faculty Scholarship
The British leave vote in the referendum on EU membership has important implications for how we think about law . The vote must be viewed as a manifestation of a globalized nationalism that we find in many EU member states and many other countries. As such, it is also a challenge of the idea of transnational law, forcefully introduced in Jessup’s book on Transnational law 60 years ago. In this paper, I suggest that the hope to return from transnational law to the nation state of the 19th century is nostalgic and futile. However, I argue that transnational law has …
Back To Basics: Public Adjudication Of Corporate Atrocities Torts, Maya Steinitz
Back To Basics: Public Adjudication Of Corporate Atrocities Torts, Maya Steinitz
Faculty Scholarship
The editors of this online symposium invited me to contribute to the subject of an argument I have recently advanced. This argument is that the world needs a permanent International Court of Civil Justice (ICCJ) to adjudicate cross-border mass torts. A common reaction to this proposal has been to suggest that the function of such an international court be assumed by one of the existing arbitration institutions or filled by a new one. I’d like to take this opportunity to argue against that idea.
Corporate atrocities, which are the symposium’s focus, may be crimes, but they also have a tort …