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Full-Text Articles in Law
Sherlock Holmes Meets Rube Goldberg: Fixing The Entry-Into-Force Provisions Of The Comprehensive Nuclear Test Ban Treaty, David A. Koplow
Sherlock Holmes Meets Rube Goldberg: Fixing The Entry-Into-Force Provisions Of The Comprehensive Nuclear Test Ban Treaty, David A. Koplow
Duke Journal of Comparative & International Law
The Comprehensive Nuclear Test Ban Treaty (CTBT) is widely heralded as the most important international legal instrument for arresting the nuclear arms race and impeding further nuclear proliferation. Concluded in 1996, the treaty has been signed by 183 countries and ratified by 166. But it has not yet entered into force, because of its unique requirement that it not become operational for any state until it has been ratified by all forty-four countries designated in its Annex 2. Thirty-six of those Annex 2 states have ratified, but there is little prospect that all of the other eight (including the United …
Restructuring Venezuela's Debt Using Pari Passu, Khaled Fayyad, Dimitrios Lyratzakis
Restructuring Venezuela's Debt Using Pari Passu, Khaled Fayyad, Dimitrios Lyratzakis
Duke Journal of Comparative & International Law
Given the depth of Venezuela's economic crisis, many fear that the government and the state-owned oil company Petroleos de Venezuela, S.A. ("PDVSA") are on the brink of insolvency. In this paper, we introduce a restructuring plan that would allow Venezuela to restructure its external debt in an orderly manner. We propose that Venezuela restructure both PDVSA debt and its own external debt via Exchange Offers. To maximize the number of participating bondholders and receive sufficient debt relief, we suggest that Venezuela primarily utilize the pari passu clauses included in the vast majority of PDVSA and Venezuelan bonds, which are modified …
Equity Extraterritoriality, S. Nathan Park
Equity Extraterritoriality, S. Nathan Park
Duke Journal of Comparative & International Law
Territoriality is a foundational principle of international order, and U.S. laws have always operated on a territorial basis. However, when U.S. jurisprudence speaks of extraterritorial application of its laws, it is usually assessing whether the legislature or the court has jurisdiction over persons, properties and conducts outside of the territorial borders of the United States. This paper argues that such a conception of the extraterritoriality doctrine only reveals half of the picture, because U.S. courts may indirectly apply U.S. law beyond U.S. borders through extraterritorial court orders without relying on extraterritorial jurisdiction. I term such exercise of extraterritorial power "Equity …
Regional International Courts In Search Of Relevance: Adjudicating Politically Sensitive Disputes In Central America And The Caribbean, Salvatore Caserta
Regional International Courts In Search Of Relevance: Adjudicating Politically Sensitive Disputes In Central America And The Caribbean, Salvatore Caserta
Duke Journal of Comparative & International Law
The Central American and the Caribbean Courts of Justice (CACJ and CCJ) are hybrid judicial institutions. While their Member States envisioned them as "EU-style" regional economic courts, they have explored the whole extension of their formally delegated functions and have developed peculiar expertise in matters relating to freedom of movement, human and fundamental rights, and other politically fraught issues. The article explains how two International Courts (ICs) seemingly established to build common markets have come to adjudicate high-stakes political disputes, which, ostensibly, have little to do with regional economic integration. The article posits that the scholarship on delegation to ICs …
Internationalizing The New Conflict Of Laws Restatement, Ralf Michaels, Christopher A. Whytock
Internationalizing The New Conflict Of Laws Restatement, Ralf Michaels, Christopher A. Whytock
Duke Journal of Comparative & International Law
No abstract provided.
International Conflict Of Laws And The New Conflict Of Laws Restatement, Donald Earl Childress Iii
International Conflict Of Laws And The New Conflict Of Laws Restatement, Donald Earl Childress Iii
Duke Journal of Comparative & International Law
No abstract provided.
Determining The Territorial Scope Of State Law In Interstate And International Conflicts: Comments On The Draft Restatement (Third) And On The Role Of Party Autonomy, Hannah L. Buxbaum
Determining The Territorial Scope Of State Law In Interstate And International Conflicts: Comments On The Draft Restatement (Third) And On The Role Of Party Autonomy, Hannah L. Buxbaum
Duke Journal of Comparative & International Law
No abstract provided.
The Transnational Case In Conflict Of Laws: Two Suggestions For The New Restatement Third Of Conflict Of Laws—Judicial Jurisdiction Over Foreign Defendants And Party Autonomy In International Contracts, Linda J. Silberman, Nathan D. Yaffe
The Transnational Case In Conflict Of Laws: Two Suggestions For The New Restatement Third Of Conflict Of Laws—Judicial Jurisdiction Over Foreign Defendants And Party Autonomy In International Contracts, Linda J. Silberman, Nathan D. Yaffe
Duke Journal of Comparative & International Law
No abstract provided.
How “International” Should A Third Conflicts Restatement Be In Tort And Contract?, Patrick J. Borchers
How “International” Should A Third Conflicts Restatement Be In Tort And Contract?, Patrick J. Borchers
Duke Journal of Comparative & International Law
No abstract provided.
Marriage And Divorce Conflicts In The International Perspective, Ann Laquer Estin
Marriage And Divorce Conflicts In The International Perspective, Ann Laquer Estin
Duke Journal of Comparative & International Law
No abstract provided.
Children Crossing Borders: Internationalizing The Restatement Of The Conflict Of Laws, Louise Ellen Teitz
Children Crossing Borders: Internationalizing The Restatement Of The Conflict Of Laws, Louise Ellen Teitz
Duke Journal of Comparative & International Law
No abstract provided.
Captive Or Criminal?: Reappraising The Legal Status Of Ira Prisoners At The Height Of The Troubles Under International Law, Samantha Anne Caesar
Captive Or Criminal?: Reappraising The Legal Status Of Ira Prisoners At The Height Of The Troubles Under International Law, Samantha Anne Caesar
Duke Journal of Comparative & International Law
For the citizens of Ireland and Great Britain, the second half of the twentieth century represents a period of great political struggle. The historical debate concerns the constitutional status of Northern Ireland; that is, whether the six northeastern most counties on the emerald isle belong to Ireland or to the United Kingdom. The late 1960s through the early 1990s is referred to commonly as “The Troubles,” a time rife with political struggle, violence, and reactionary laws aimed at restricting civil liberties in the name of security. One topic of contention during this era relates to the political status of prisoners …
Shareholders As Stakeholders: A Future Paradigm For Institutional Activism In Japan, Garrett L. Brodeur
Shareholders As Stakeholders: A Future Paradigm For Institutional Activism In Japan, Garrett L. Brodeur
Duke Journal of Comparative & International Law
Over the last quarter century, the landscape of Japanese corporate governance has been overhauled by a combination of domestic reform, financial collapse, and foreign influence. Amidst these changes, institutional investors have claimed a growing role within Japanese listed companies, not only as monitors of management but as crucial agents for corporate governance reform. In this new role, institutional investors have adopted a diverse array of strategies and tactics for their dealings with management. This paper explores the future contours of Japanese shareholder activism against the backdrop of Japan’s twenty-first century corporate evolution. In particular, it analyzes how Japan’s modern corporate …
A Virtual Wall Of Shame: The New Way Of Imposing Reputational Sanctions On Defiant States, Shai Dothan
A Virtual Wall Of Shame: The New Way Of Imposing Reputational Sanctions On Defiant States, Shai Dothan
Duke Journal of Comparative & International Law
What happens after an international court finds a state has violated international law? Many realize today that states often fail to comply with such judgments. International courts like the European Court of Human Rights (“ECHR”) have to rely on the help of Non-Governmental Organizations (“NGOs”) to shame states into compliance. In 2011, the body charged with enforcing judgments of the ECHR launched a new website dedicated to publishing reports by NGOs that criticize states for noncompliance with ECHR judgments. This website published hundreds of reports, as well as the responses of some accused states. The Article analyzes all the reports …
With No Deliberate Speed: The Segregation Of Roma Children In Europe, Antonia Eliason
With No Deliberate Speed: The Segregation Of Roma Children In Europe, Antonia Eliason
Duke Journal of Comparative & International Law
No abstract provided.
Custom In Our Courts: Reconciling Theory With Reality In The Debate About Erie Railroad And Customary International Law, Nikki C. Gutierrez, Mitu Gulati
Custom In Our Courts: Reconciling Theory With Reality In The Debate About Erie Railroad And Customary International Law, Nikki C. Gutierrez, Mitu Gulati
Duke Journal of Comparative & International Law
One of the most heated debates of the last two decades in U.S. legal academia focuses on customary international law’s domestic status after Erie Railroad v. Tompkins. At one end, champions of the “modern position” support customary international law’s (“CIL”) wholesale incorporation into post-Erie federal common law. At the other end, “revisionists” argue that federal courts cannot apply CIL as federal law absent federal legislative authorization. Scholars on both sides of the Erie debate also make claims about the sources judges reference when discerning CIL. They then use these claims to support their arguments regarding CIL’s domestic status. Interestingly, …