Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- International law (6)
- European Union (3)
- Community Treaties (2)
- Natural disasters (2)
- Normative theory of law (2)
-
- Transboundary disasters (2)
- Allocation of powers (1)
- Anti-globalization (1)
- Asteroid impact (1)
- Central clearing (1)
- Charter of Fundamental Rights of the European Union (1)
- China (1)
- Doctrine of cooperative preservation (1)
- Earth collisions (1)
- European Court of Justice (1)
- European constitution (1)
- European debt crisis (1)
- Financial contracts (1)
- Financial markets (1)
- General Agreement on Tariffs and Trade (1)
- Globalization (1)
- Intellectual property (1)
- International business (1)
- International cooperation (1)
- International court (1)
- International dispute resolution (1)
- International finance (1)
- International jurisdiction (1)
- Isolationism (1)
- Legal cultural diversity (1)
Articles 1 - 10 of 10
Full-Text Articles in Law
Legitimacy In International Dispute Resolution In The Age Of Anti-Globalization, Nationalism, And Isolationism: How Geographical And Legal Cultural Diversity On The International Bench Can Promote Regional And International Cooperation, Alina Ng
Journal Articles
International law and dispute resolution mechanisms can do a lot to promote cooperation and build trust among nation-states by addressing and correcting implicit biases and cognitive errors that lead to global problems instead of believing that globalization and market forces are the primary contributors to these challenges. International legal systems can be the mechanism through which the international community creates conditions that facilitate international cooperation and collaboration. However, clear legal rules that set the framework for multinational and international cooperation may have to be introduced and implemented. While international courts and tribunals can promote multilateral and international cooperation by acknowledging …
Harmonizing European Union Bank Resolution: Central Clearing Of Otc Derivative Contracts Maintaining The Status Quo Of Safe Harbors, Christoph Henkel
Harmonizing European Union Bank Resolution: Central Clearing Of Otc Derivative Contracts Maintaining The Status Quo Of Safe Harbors, Christoph Henkel
Journal Articles
This Article argues that safe harbors for financial contracts should not be expanded in Europe, but instead should be repealed, as suggested by some commentators in the United States. At the very minimum, credit derivatives, swaps, and repurchasing agreements should be subject to a stay, and the resolution authorities in the Member States should have the power to assume beneficial contracts and to reject other unfavorable contracts. Also, the power of resolution authorities to transfer derivative positions in full or in part should not be sanctioned in favor of a full transfer. Rather, resolution authorities should have the power to …
Book Review, Angela Mae Kupenda
Book Review, Angela Mae Kupenda
Journal Articles
LIBERTY & SECURITY, authored by Human Rights Law Professor Conor Gearty, is a book that is relevant and fills a void through the question it explores. Gearty, while admitting that the terms liberty and security are susceptible to a host of meanings, does not seek in this book to define a more precise meaning for these terms. Rather, the book focuses on the “for how many” question (p.2). Gearty asks and answers whether liberty and security are “to be for all or just the few?”
A Process Theory Of Natural Law And The Rule Of Law In China, Mark C. Modak-Truran
A Process Theory Of Natural Law And The Rule Of Law In China, Mark C. Modak-Truran
Journal Articles
This Article analyzes China's efforts to implement the rule of law and proposes a constructive, post-modern normative theory of law based on the Process Philosophy of Alfred North Whitehead and the Radical Empiricism of William James. This "process theory of natural law" provides a novel theory of natural law that eliminates the perceived illegitimacy arising from legal indeterminacy and closes the ontological gap between legal theory and practice. Process natural law also mediates many of the cultural differences between the East and the West through the telos of beauty (unity-in-diversity), which entails maximizing both an Eastern aesthetic sense of order …
The Duty To “Expect The Unexpected”: Mitigating Extreme Natural Threats To The Global Commons Such As Asteroid Impacts With The Earth, Evan R. Seamone
The Duty To “Expect The Unexpected”: Mitigating Extreme Natural Threats To The Global Commons Such As Asteroid Impacts With The Earth, Evan R. Seamone
Journal Articles
This Article develops a framework to govern the interactions of nations cooperating to mitigate the threat of unexpected natural disasters that potentially could affect them all. It uses asteroid impact with the Earth as the representative example because this is an "unusual and extreme" disaster that has created difficulty for lawmakers due to its many unanswerable questions. By explaining a number of the legal requirements necessary to mitigate such threats, this Article identifies legal principles that apply equally to natural threats throughout the global commons. The law involved in this analysis arises, in great part, from the judicial recognition of …
Reenchanting International Law, Mark C. Modak-Truran
Reenchanting International Law, Mark C. Modak-Truran
Journal Articles
I will argue that international law needs religion because it is indeterminate and that international law should not attempt to resolve legal indeterminancy because this would require establishing an official international religion. Given the limitations of this article, however, I will not attempt to provide a comprehensive normative and descriptive account of law and international law to support this claim." My more modest expectations are to provide a normative theory of law to justify the interpretation of international law in cases in which international law is indeterminate.
The Allocation Of Powers In The European Union: A Closer Look At The Principle Of Subsidiary, Christoph Henkel
The Allocation Of Powers In The European Union: A Closer Look At The Principle Of Subsidiary, Christoph Henkel
Journal Articles
In the first section this article examines the different meanings of subsidiarity, its character as a doctrine of social philosophy and the origins of the concept of subsidiarity in the Community Treaties. The second section of this article describes the community approach to application, interpretation and review of compliance with subsidiarity. In this context, the Principle of Proportionality and the procedural requirement to Show Sufficient Grounds are considered as tools for judicial review and first developments in the case law of the European Court of Justice are discussed. Finally, against the background of political economic theory, the article will highlight …
Note, When Wishing On A Star Just Won’T Do: The Legal Basis For International Cooperation In The Mitigation Of Asteroid Impacts And Similar Transboundary Disasters, Evan R. Seamone
Journal Articles
This Note uses the threat of collisions of large space bodies with the Earth as a vehicle to investigate the legal duties of nations to participate in collective efforts at megadisaster mitigation. Asteroids and comets are space bodies while meteors occupy a less-threatening category. Although they differ in chemical composition and in visibility to the naked eye, large space bodies can endanger multiple nations simultaneously. Space bodies are ideal topics of investigation because the magnitude of the threats they pose is inestimable. Legal obligations to mitigate Earth impacts apply equally well to other infrequent threats that are currently of the …
Constitutionalism Of The European Union: Judicial Legislation And Political Decision-Making By The European Court Of Justice, Christoph Henkel
Constitutionalism Of The European Union: Judicial Legislation And Political Decision-Making By The European Court Of Justice, Christoph Henkel
Journal Articles
The focus of this article shall be the case law of the European Court of Justice. Despite recent proposals as well as other actions of the Member States to reform the Community Treaties, the expansion of judicial review by the European Court of Justice remains the driving force behind the development of constitutionalism of the European Union. In fact, the European Court of Justice and its case law play the most dominant and consistent role in the integration process. In doing so, the case law of the Court of Justice in part reflects the judicial activism comparable to early U.S. …
Comment, Section 337 And Gatt In The Akzo Controversy: A Pre- And Post-Omnibus Trade And Competitiveness Act Analysis, Mark C. Modak-Truran
Comment, Section 337 And Gatt In The Akzo Controversy: A Pre- And Post-Omnibus Trade And Competitiveness Act Analysis, Mark C. Modak-Truran
Journal Articles
Section 337 of the United States Tariff Act of 1930 ("Section 337") protects intellectual property rights from international pirating and counterfeiting. It provides a mechanism for excluding infringing imports from the United States marketplace. Before the Omnibus Trade and Competitiveness Act of 1988 (the "Omnibus Trade Act"), some argued that Section 337 should be amended to provide for further protection. Others maintained that Section 337 conflicts with United States obligations under the General Agreement on Tariffs and Trade ("GATT") or that further substantive amendments of Section 337 would conflict with GATT. A GATT Panel in Imports of Certain Automotive Spring …