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University Of Baltimore Journal Of International Law, Volume 6, Issue 2 (2018-19) Front Matter
University Of Baltimore Journal Of International Law, Volume 6, Issue 2 (2018-19) Front Matter
University of Baltimore Journal of International Law
No abstract provided.
Extraterritoriality And The Regulatory Power Of The United States: Featured Issues Of Sovereignty, Legitimacy, Accountability, And Democracy, Alina Veneziano
Extraterritoriality And The Regulatory Power Of The United States: Featured Issues Of Sovereignty, Legitimacy, Accountability, And Democracy, Alina Veneziano
University of Baltimore Journal of International Law
Extraterritoriality is a negative form of transnationalism. It creates a paradox among state regulatory power because extraterritoriality can both govern the conduct of the state and also constrain the state in reacting to future transnational changes. In governing the state, extraterritoriality provides the state with the power to impose standards to control the activities within its borders. On the other hand, extraterritorialty constrains the state by hindering multi-state progression towards more efficient transnational developments. States have traditionally captured their autonomy in sovereignty, but extraterritorialty challenges this notion. This was an inevitable result, as extraterritoriality became a natural consequence that resulted …
The Necessity, Public Interest, And Proportionality In International Investment Law: A Comparative Analysis, Abdulkadir Gülçür
The Necessity, Public Interest, And Proportionality In International Investment Law: A Comparative Analysis, Abdulkadir Gülçür
University of Baltimore Journal of International Law
This article deals with relations of the three concepts of international investment law which can be enumerated as “necessity,” “public interest,” and “proportionality.” These three concepts have been reviewed in the light of the relevant investment tribunals’ decisions and judgments of other international judicial bodies. In democratic governments, legal acts and actions must be based on the “public interest.” However, the “public interest” does not constitute by itself a determinative factor for lawfulness. The proportionality principle has a significant role in the investment arbitrations concerning whether the “public interest” aim is met. Albeit those inferences, the “public interest” claim is …
The Demand For Unilateral Secession In Catalonia: While The Cause Is Compelling, Secession Would Not Be Legal Under International Law, Logan Hayes
University of Baltimore Journal of International Law
Tensions between Catalonia and Spain have finally boiled over, leading to Catalonia’s decision to unilaterally secede from Spain. On October 1, 2017, an overwhelming 90% of voters chose to leave Spain in a referendum held by the Catalonian parliament. On October 10, 2017, Carles Puigdemont, President of Catalonia, gave a speech claiming that “with the results of the referendum on October first, Catalonia has earned the right to be an independent state.” The issue has now become whether Catalonia has the right, under international law, to maintain their unilateral secession from Spain in order to form their own independent nation. …