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Full-Text Articles in Law
In Strange Company: The Puzzle Of Private Investment In State-Controlled Firms, Mariana Pargendler, Aldo Musacchio, Sergio G. Lazzarini
In Strange Company: The Puzzle Of Private Investment In State-Controlled Firms, Mariana Pargendler, Aldo Musacchio, Sergio G. Lazzarini
Cornell International Law Journal
No abstract provided.
Whose Administrative Law Is It Anyway - How Global Norms Reshape The Administrative State, Daphne Barak-Erez, Oren Perez
Whose Administrative Law Is It Anyway - How Global Norms Reshape The Administrative State, Daphne Barak-Erez, Oren Perez
Cornell International Law Journal
No abstract provided.
Consent-Based Humanitarian Intervention: Giving Sovereign Responsibility Back To The Sovereign, Oona A. Hathaway, Julia Brower, Ryan Liss, Tina Thomas
Consent-Based Humanitarian Intervention: Giving Sovereign Responsibility Back To The Sovereign, Oona A. Hathaway, Julia Brower, Ryan Liss, Tina Thomas
Cornell International Law Journal
No abstract provided.
Let's Not Reinvent The Wheel: Harnessing The Current Domestic Regulatory Framework For The International Export Of Liquefied Natural Gas, Claudia A. Duncan
Let's Not Reinvent The Wheel: Harnessing The Current Domestic Regulatory Framework For The International Export Of Liquefied Natural Gas, Claudia A. Duncan
Cornell International Law Journal
No abstract provided.
A Solution Acceptable To All - A Legal Analysis Of The Senkaku-Diaoyu Island Dispute, R. Jade Harry
A Solution Acceptable To All - A Legal Analysis Of The Senkaku-Diaoyu Island Dispute, R. Jade Harry
Cornell International Law Journal
No abstract provided.
No Child Left Unprotected: Adopting The Ninth Circuit's Interpretation Of The Child Status Protection Act In De Osorio V. Mayorkas, Dianne Milner
No Child Left Unprotected: Adopting The Ninth Circuit's Interpretation Of The Child Status Protection Act In De Osorio V. Mayorkas, Dianne Milner
Cornell International Law Journal
No abstract provided.
The Law Applicable To A Derivative Action On Behalf Of A Foreign Corporation - Corporate Law In Conflict, Yaad Rotem
The Law Applicable To A Derivative Action On Behalf Of A Foreign Corporation - Corporate Law In Conflict, Yaad Rotem
Cornell International Law Journal
In corporate law, the derivative action mechanism allows minority shareholders and, in certain jurisdictions, single directors or even creditors to file and litigate on behalf of the corporation a lawsuit against an insider or a third party whose action has allegedly injured the corporation. The derivative action is a mechanism that corporate law furnishes to tackle agency problems because the corporate insiders who should initiate such claims occasionally become caught in a conflict of interests. Obviously, each jurisdiction decides whether to employ a derivative action mechanism and on what terms. However, in a globalized world that offers many attractive places …
The Word Commons And Foreign Laws, Thomas O. Main
The Word Commons And Foreign Laws, Thomas O. Main
Cornell International Law Journal
Dual trends are colliding in U.S. courts. The first trend is a tidal wave of cases requiring courts to engage the domestic laws of foreign legal systems; globalization is the principal driver of this escalation. The second trend is a profound and ever-increasing skepticism of our ability to understand foreign law; the literature of pluralism and postmodernism has illuminated the uniquely local, language-dependent, and culturally embedded nature of law. Courts cope with this dissonance by finding some way to avoid the application of foreign law. However, these outcomes are problematic because parties are denied access to court or have their …
The Dilemma Of Extending International Commercial Arbitration Clauses To Third Parties: Is Protecting Federal Policy While Accommodating Economic Globalization A Bridge To Nowhere, Pedro J. Martinez-Fraga
The Dilemma Of Extending International Commercial Arbitration Clauses To Third Parties: Is Protecting Federal Policy While Accommodating Economic Globalization A Bridge To Nowhere, Pedro J. Martinez-Fraga
Cornell International Law Journal
No abstract provided.
Enforceability Of Ad Hoc Arbitration Agreements In China: China’S Incomplete Ad Hoc Arbitration System, Tietie Zhang
Enforceability Of Ad Hoc Arbitration Agreements In China: China’S Incomplete Ad Hoc Arbitration System, Tietie Zhang
Cornell International Law Journal
Today arbitration is the dominant method for resolving international commercial disputes. The international commercial arbitration system based on the New York Convention effectively facilitates resolution of cross-border disputes and contributes to the world's continuing economic development. Ad hoc arbitration has many advantages over institutional arbitration that make it a preferred way to resolve commercial disputes in many contexts. China, an emerging economic superpower, is also an active player in the field of arbitration. The People's Republic of China Arbitration Law (Law), however, requires that parties appoint an arbitration institution in their arbitration agreement. Otherwise, their ad hoc arbitration agreement is …
Crowdfunding In The U.S. And Abroad: What To Expect When You’Re Expecting, Ross S. Weinstein
Crowdfunding In The U.S. And Abroad: What To Expect When You’Re Expecting, Ross S. Weinstein
Cornell International Law Journal
No abstract provided.
Bringing Comfort To The Enemy: The Past, Present, And Future Of Habeas Corpus Petitions In Light Of The Formalistic Application Of Boumediene, E. Carlisle Overbey
Bringing Comfort To The Enemy: The Past, Present, And Future Of Habeas Corpus Petitions In Light Of The Formalistic Application Of Boumediene, E. Carlisle Overbey
Cornell International Law Journal
Such trials would hamper the war effort and bring aid and comfort to the enemy. effective fettering of a field commander than to allow the very enemies he is ordered to reduce to submission to call him to account in his own civil courts and divert his efforts and attention from the military offensive abroad to the legal defensive at home. Nor is it unlikely that the result of such enemy litigiousness would be a conflict between judicial and military opinion highly comforting to enemies of the United States.(1)
Res Judicata And Forum Non Conveniens In International Litigation, Daniel S. Sternberg
Res Judicata And Forum Non Conveniens In International Litigation, Daniel S. Sternberg
Cornell International Law Journal
No abstract provided.
Non-State Actors In The Middle East: A Challenge For Rationalist Legal Theory, Jeremy Telman
Non-State Actors In The Middle East: A Challenge For Rationalist Legal Theory, Jeremy Telman
Cornell International Law Journal
No abstract provided.
Human Rights Obligations Of Territorial Non-State Actors, Yael Ronen
Human Rights Obligations Of Territorial Non-State Actors, Yael Ronen
Cornell International Law Journal
No abstract provided.
International Law, Dignity, Democracy, And The Arab Spring, Jordan J. Paust
International Law, Dignity, Democracy, And The Arab Spring, Jordan J. Paust
Cornell International Law Journal
No abstract provided.
Wargaming The Arab Spring: Predicting Likely Outcomes And Planning U.N. Responses, Hannibal Travis
Wargaming The Arab Spring: Predicting Likely Outcomes And Planning U.N. Responses, Hannibal Travis
Cornell International Law Journal
No abstract provided.
The Applicability Of The Duress Defense To The Killing Of Innocent Persons By Civilians, Sarah J. Heim
The Applicability Of The Duress Defense To The Killing Of Innocent Persons By Civilians, Sarah J. Heim
Cornell International Law Journal
No abstract provided.
Necessity, Investor Rights, And State Sovereignty For Nafta Investment Arbitration, Cynthia C. Galvez
Necessity, Investor Rights, And State Sovereignty For Nafta Investment Arbitration, Cynthia C. Galvez
Cornell International Law Journal
No abstract provided.