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The Case For Cooperative Territoriality In International Bankruptcy, Lynn M. Lopucki Jun 2000

The Case For Cooperative Territoriality In International Bankruptcy, Lynn M. Lopucki

Michigan Law Review

Universalism - the idea that a multinational debtor's "home country" should have worldwide jurisdiction over its bankruptcy - has long had tremendous appeal to bankruptcy professionals. Yet, the international community repeatedly has refused to adopt conventions that would make universalism a reality. In an article published last year, I proposed an explanation. Universalism can work only in a world with essentially uniform laws governing bankruptcy �nd priority among creditors - a world that does not yet exist. Because it is impossible to fix the location of a multinational company in a global economy, the introduction of universalism in current world …


Resolving Transnational Insolvencies Through Private Ordering, Robert K. Rasmussen Jun 2000

Resolving Transnational Insolvencies Through Private Ordering, Robert K. Rasmussen

Michigan Law Review

There is no international bankruptcy law. No question, there are international insolvencies. Transnational firms, just like domestic ones, often cannot generate sufficient revenue to satisfy their debt obligations. Their financial distress creates a situation where assets and claimants are scattered across more than one country. But there is no international law that provides a set of rules for resolving the financial distress of these firms. The absence of any significant free-standing international bankruptcy treaty means that a domestic court confronted with the domestic part of a transnational enterprise has to decide which nation's domestic bankruptcy law will apply to which …


Governmental Illegitimacy And Neocolonialism: Response To Review By James Thuo Gathii, Brad R. Roth May 2000

Governmental Illegitimacy And Neocolonialism: Response To Review By James Thuo Gathii, Brad R. Roth

Michigan Law Review

The essence of James Thuo Gathii's criticism of Governmental Illegitimacy in International Law is that my study seeks to answer a doctrinal question rather than to challenge the "Eurocentric" assumptions that pervade doctrinal thinking. Although I (inevitably) take exception to some of Professor Gathii's characterizations of the book's details, an elaborate clarification and defense of these finer points would amount to an uninteresting response to an interesting essay. Indeed, since Gathii characterizes the book as "well written, well-argued, and well-researched," and since I am in sympathy with the considerations that prompt him to go beyond the scope of what I …


Neoliberalism, Colonialism, And International Governance: Decentering The International Law Of Government Legitimacy, James Thuo Gathii May 2000

Neoliberalism, Colonialism, And International Governance: Decentering The International Law Of Government Legitimacy, James Thuo Gathii

Michigan Law Review

Brad R. Roth's Governmental Illegitimacy in International Law is a neoconservative realist response to liberal internationalists (or universalists). As a critique, the book unsurprisingly legitimizes the subject of its attack: liberal internationalism. That is so since in their opposition to each other, liberal internationalists and neoconservative realists fall within the same discursive formation - a Euro-American hegemony of thinking, writing, critiquing, engaging, producing, and practicing international law. This Review is an antihegemonic critique. It seeks to decenter this Euro-American opposition between liberal internationalism and neoconservative realism that has characterized the study of international law, especially in the post-Cold War period. …


Rejoinder: Twailing International Law, James Thuo Gathii May 2000

Rejoinder: Twailing International Law, James Thuo Gathii

Michigan Law Review

Brad Roth's response to my Review of his book seeks to privilege his approach to international law as the most defensible. His response does not engage one of the central claims of my Review - that present within international legal scholarship and praxis is a simultaneous and dialectical coexistence of the dominant conservative/liberal approach with alternative or Third World approaches to thinking and writing international law. Roth calls these alternative approaches critical and does not consider them insightful for purposes of dealing with issues such as anticolonialism. Roth's characterization of my Review as falling within critical approaches to international law …


Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith Jun 1999

Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith

Michigan Law Review

The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this latter conclusion, …


War Crimes And The Limits Of Legalism, Gary Jonathan Bass May 1999

War Crimes And The Limits Of Legalism, Gary Jonathan Bass

Michigan Law Review

In April 1945, Sir John Simon, Britain's Lord Chancellor, drew up a memorandum that was the last gasp in the diplomatic struggle against Nuremberg. Under American pressure, and despite British objections, the Allies were poised to agree to put the Axis leadership on trial for war crimes. In the kind of magnificent understatement that the British government could sometimes inadvertently achieve, it was entitled "The Argument for Summary Process against Hitler & Co." The memorandum was a series of arguments to be used by the British delegation at the San Francisco conference in a last-ditch effort to win over the …


From Renaissance Poland To Poland's Renaissance, Daniel H. Cole May 1999

From Renaissance Poland To Poland's Renaissance, Daniel H. Cole

Michigan Law Review

Poland is located in Eastern Europe - the "other Europe" - which shares a continent, but seemingly little else, with Western Europe. Most histories of Europe, legal histories included, are actually histories of Western Europe only. The "euro-centrism" some scholars complain about is, more accurately, a "western eurocentrism." The eastern half of the continent is ignored like the embarrassing black sheep of the European family. Economic historians have described Eastern Europe as a "backward" place, where feudal and mercantilist economies persisted as Western European economies modernized and industrialized. In geopolitical terms, Eastern Europe has been characterized as a region of …


Exit And Voice In The Age Of Globalization, Eyal Benvenisti Jan 1999

Exit And Voice In The Age Of Globalization, Eyal Benvenisti

Michigan Law Review

The "globalization" of commerce provides ever-growing opportunities for producers, employers, and service providers to shop the globe for more amenable jurisdictions. While they enjoy a "race to the top," an international "race to the bottom," spawned by decreasing relocation costs, threatens to compromise the achievements of the welfare state and lower standards of consumer protection. National governments, weakened by competition that entails leaner budgets, find it increasingly difficult to cooperate in the appropriation of crucial shared natural resources, seriously endangering these assets while damaging the environment. Not only does the growing global competition create both efficiency losses and social-welfare problems, …


The Political Economy Of Statutory Reach: U.S. Disclosure Rules In A Globalizing Market For Securities, Merritt B. Fox Dec 1998

The Political Economy Of Statutory Reach: U.S. Disclosure Rules In A Globalizing Market For Securities, Merritt B. Fox

Michigan Law Review

This Article addresses the appropriate reach of the U.S. mandatory securities disclosure regime. While disclosure obligations are imposed on issuers, they are triggered by transactions:- the public offering of, or public trading in, the issuers' shares. Share transactions are taking o n an increasingly transnational character. The barriers to a truly global market for equities continue to lessen: financial information is becoming increasingly globalized and it is becoming increasingly inexpensive and easy to effect share transactions abroad. There are approximately 41,000 issuers of publicly traded shares in the world. For an ever larger portion of these issuers, there will be …


The Treaty Power And American Federalism, Curtis A. Bradley Nov 1998

The Treaty Power And American Federalism, Curtis A. Bradley

Michigan Law Review

For much of this century, American foreign affairs law has assumed that there is a sharp distinction between what is foreign and what is domestic, between what is external and what is internal. This assumption underlies a dual regime of constitutional law, in which federal regulation of foreign affairs is subject to a different, and generally more relaxed, set of constitutional restraints than federal regulation of domestic affairs. In what is perhaps its most famous endorsement of this proposition, the Supreme Court stated in 1936 that "the federal power over external affairs [is] in origin and essential character different from …


Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez Jun 1998

Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez

Michigan Law Review

In 1993 and 1994, following allegations of mass atrocities, including systematic killings, rapes, and other horrific forms of violence in Rwanda and the territories of the former Yugoslavia, two ad hoc international war crimes tribunals were established to prosecute individuals for grave violations of international humanitarian law, including genocide. As might be expected, advocates for the creation of these entities - the first international courts to prosecute individuals under international law since the trials at Nuremberg and Tokyo after World War II - aspired to grand goals inspired by, but extending far beyond, the pedestrian aims of ordinary criminal prosecutions. …


Did Military Justice Fail Or Prevail?, Robinson O. Everett May 1998

Did Military Justice Fail Or Prevail?, Robinson O. Everett

Michigan Law Review

The subject of war crimes is now receiving significant attention. On March 13, 1998, the United States Senate, by a vote of 93-0, adopted a resolution urging the President to call on the- United Nations to create a tribunal to indict and try Saddam Hussein for his "crimes against humanity." In the recent past, United Nations tribunals have tried crimes against humanity perpetrated in the former Yugoslavia and in Rwanda. With Administration backing, Congress has also recently enacted legislation intended to confer jurisdiction on the federal district courts to try certain war crimes of which American nationals are perpetrators or …


International Law As A Process, Louis B. Sohn May 1995

International Law As A Process, Louis B. Sohn

Michigan Law Review

A Review of Problems and Process: International Law and How We Use It by Rosalyn Higgins


The Uncitral Framework For Arbitration In Contemporary Perspective, Alyssa A. Grikscheit May 1994

The Uncitral Framework For Arbitration In Contemporary Perspective, Alyssa A. Grikscheit

Michigan Law Review

A Review of The UNCITRAL Framework for Arbitration in Contemporary Perspective by Isaak I. Dore


The Age Of Rights, Stephen D. Sencer May 1992

The Age Of Rights, Stephen D. Sencer

Michigan Law Review

A Review of The Age of Rights by Louis Henkin


Palestine And Israel: A Challenge To Justice, James E. Hopenfeld May 1991

Palestine And Israel: A Challenge To Justice, James E. Hopenfeld

Michigan Law Review

A Review of Palestine and Israel: A Challenge to Justice by John Quigley


Economic Sanctions: A Look Back And A Look Ahead, Andreas F. Lowenfeld May 1990

Economic Sanctions: A Look Back And A Look Ahead, Andreas F. Lowenfeld

Michigan Law Review

A Review of International Economic Sanctions by Barry E. Carter


Right V. Might: International Law And The Use Of Force, Craig T. Smith May 1990

Right V. Might: International Law And The Use Of Force, Craig T. Smith

Michigan Law Review

A Review of Right v. Might: International Law and the Use of Force Edited by The Council on Foreign Relations


Going To Court, Internationally, Detlev F. Vagts May 1989

Going To Court, Internationally, Detlev F. Vagts

Michigan Law Review

A Review of The International Court of Justice at a Crossroads Edited by Lori Fisler Damrosch


International Law: Process And Prospect, Linda A. Shoemaker May 1988

International Law: Process And Prospect, Linda A. Shoemaker

Michigan Law Review

A Review of International Law: Process and Prospect by Anthony D'Amato


A Recommended Approach To Bail In International Extradition Cases, Jeffrey A. Hall Dec 1987

A Recommended Approach To Bail In International Extradition Cases, Jeffrey A. Hall

Michigan Law Review

This Note proposes such a consistent approach, arguing that courts in international extradition cases should focus on the accused's risk of flight rather than on the presence or absence of specific "special circumstances." Part I briefly discusses the international extradition process and outlines the important societal and individual interests at stake in the bail decision. Part II discusses the origin and evolution of the judicial approaches to bail in international extradition cases and demonstrates the inconsistency in the lower courts' treatment. Part III suggests an approach for making bail decisions in international extradition cases. It argues that the determinative factor …


The United Nations, International Law, And The Rhodesian Independence Crisis, Gary A. Macdonald May 1987

The United Nations, International Law, And The Rhodesian Independence Crisis, Gary A. Macdonald

Michigan Law Review

A Review of The United Nations, International Law, and the Rhodesian Independence Crisis by Jericho Nkala


The Lawful Rights Of Mankind: An Introduction To The International Legal Code Of Human Rights, Alexander W. Joel Apr 1986

The Lawful Rights Of Mankind: An Introduction To The International Legal Code Of Human Rights, Alexander W. Joel

Michigan Law Review

A Review of The Lawful Rights of Mankind: An Introduction to the International Legal Code of Human Rights by Paul Sieghart


World Politics And International Law, John M. West Apr 1986

World Politics And International Law, John M. West

Michigan Law Review

A Review of World Politics and International Law by Francis Anthony Boyle


The International Law Of Pollution: Protecting The Global Environment In A World Of Sovereign States, Michigan Law Review Feb 1985

The International Law Of Pollution: Protecting The Global Environment In A World Of Sovereign States, Michigan Law Review

Michigan Law Review

A Review of The International Law of Pollution: Protecting the Global Environment in a World of Sovereign States by Allen L. Springer


The Making Of International Agreements: Congress Confronts The Executive, Michigan Law Review Feb 1985

The Making Of International Agreements: Congress Confronts The Executive, Michigan Law Review

Michigan Law Review

A Review of The Making of International Agreements: Congress Confronts the Executive by Loch K. Johnson


Hijacking, Freedom, And The "American Way", Andreas F. Lowenfeld Feb 1985

Hijacking, Freedom, And The "American Way", Andreas F. Lowenfeld

Michigan Law Review

A Review of Judgment in Berlin by Herbert J. Stern


The Crisis In Arms Control, Harold K. Jacobson May 1984

The Crisis In Arms Control, Harold K. Jacobson

Michigan Law Review

There is general agreement among observers of contemporary international affairs, and national and international officials from all sides, that there is a serious crisis in arms control. As of January 1984, the Soviet Union had broken off two major arms control negotiations: the Intermediate- Range Nuclear Force Talks (INF) and the Strategic Arms Reduction Talks (START). Negotiations in the United Nations Conference on Disarmament (CD) on a variety of arms control issues were stalemated. The United States was engaged in a large-scale military build up, and there was no sign that the Soviet Union would abate the extensive military programs …


The Right Of States To Use Armed Force, Oscar Schachter May 1984

The Right Of States To Use Armed Force, Oscar Schachter

Michigan Law Review

When the United Nations (UN) Charter was adopted, it was generally considered to have outlawed war. States accepted the obligation to settle all disputes by peaceful means and to refrain from the use or threat of use of force in their international relations. Only two exceptions were expressly allowed: force used in self-defense when an armed attack occurs, and armed action authorized by the UN Security Council as an enforcement measure. These provisions were seen by most observers as the heart of the Charter. and the most important principles of contemporary international law. They have been reaffirmed over and over …