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Full-Text Articles in Law
India-Pakistan Relations: Legalization And Agreement Design, Sandeep Gopalan
India-Pakistan Relations: Legalization And Agreement Design, Sandeep Gopalan
Vanderbilt Journal of Transnational Law
This Article examines agreements between India and Pakistan to determine if there are design features that played a part in their success or failure. The analysis draws on insights from scholarship at the intersection of international relations theory and international law. The Article attempts to show that India and Pakistan share attributes that are particularly well suited for a positive correlation between increased legalization and compliance, that the law plays a role in norm strengthening, and that legalizing agreements between the two states can create compliance constituencies that act as constraining influences on governments.
Negotiation And Native Title: Why Common Law Courts Are Not Proper Fora For Determining Native Land Title Issues, Geoffrey R. Schiveley
Negotiation And Native Title: Why Common Law Courts Are Not Proper Fora For Determining Native Land Title Issues, Geoffrey R. Schiveley
Vanderbilt Journal of Transnational Law
The displacement of indigenous populations is an obvious but often-overlooked consequence of worldwide European colonization. Until relatively recently, the rights of these groups have consistently been held to lower standards of protection than those of their colonizing counterparts, partly through the use of doctrines such as terra nullius. While earlier decades established the groundwork for recognition of these rights, in the 1990s native rights issues became of greater importance to both the international community and individual nations. Some of this heightened interest can be attributed to a series of high-profile common law court cases that provided native populations with favorable …
Conflict Of Laws And Accuracy In The Allocation Of Government Responsibility, Joel P. Trachtman
Conflict Of Laws And Accuracy In The Allocation Of Government Responsibility, Joel P. Trachtman
Vanderbilt Journal of Transnational Law
The field of conflict of laws suffers from a lack of theoretical coherence, and therefore fails to provide a satisfactory basis for discourse, adjudication, legislation, and inter-governmental negotiation regarding issues of prescriptive scope. This Article advances a law and economics-based approach to conflict of laws for use in both the domestic and international context. The Article first assesses the theoretical coherence of some principal conflict of laws approaches, analyzing their resolution of four tensions: predictability and adminstrability versus accuracy, unilateralism versus multilateralism, private interest versus public interests, and courts versus legislatures. It refers to Professor Baxter's "comparative impairment" methodology as …
Maritime Jurisdiction And The Secession Of States: The Case Of Quebec, Jonathan L. Charney
Maritime Jurisdiction And The Secession Of States: The Case Of Quebec, Jonathan L. Charney
Vanderbilt Journal of Transnational Law
In this Article, Professor Charney discusses the maritime boundary delimitation issues that result from the creation of a new state through secession. While the author uses Quebec's maritime boundary concerns as an exemplar, the issues discussed are not unique to Quebec. The author notes that one cannot predict the ultimate resolution of maritime boundary disputes precisely, but certain factors will often affect the outcome. These factors include the geographical configuration of the disputed area, the viability of pre-secession boundaries, historic water claims, the doctrine of uti possidetis, and basic equity. The author concludes that maritime boundaries are so vital to …
The Iranian Asset Negotiations, John E. Hoffman, Jr.
The Iranian Asset Negotiations, John E. Hoffman, Jr.
Vanderbilt Journal of Transnational Law
At the outset, I owe an obligation to you and to my fellow panelists to reveal my true colors. Following the remarks of Mr. Aksen and Mr. Rhodes, you would be entitled to expect me to give some examples of how some distressed clients entered this wonderful world of arbitration, how the scales fell from their corporate eyes, and how their problems were solved. I am going to tell a bit of a story this afternoon. The focus of it is arbitration, but I should tell you it is not an arbitration that occurred. The story is of an arbitration …
Negotiation Techniques For Warranty And Enforcement Clauses In International Licensing Agreements, Brian G. Brunsvold
Negotiation Techniques For Warranty And Enforcement Clauses In International Licensing Agreements, Brian G. Brunsvold
Vanderbilt Journal of Transnational Law
The pre-negotiation planning procedure shows that information for the planning steps is needed from marketing and production personnel, lawyers, researchers, engineers, management, and a licensing specialist. A licensor usually cannot afford to have all of these personnel present at the negotiating sessions. A licensing negotiation proceeds most efficiently when the negotiating team includes people who are familiar with marketing the licensed product and experienced in the technical details of the subject matter to be licensed. A lawyer is also necessary to provide legal advice during negotiations and draft or review the negotiated agreement. There are some situations in which an …
The Role Of Law In The Negotiated Settlement Of International Disputes, James K. Irvin
The Role Of Law In The Negotiated Settlement Of International Disputes, James K. Irvin
Vanderbilt Journal of Transnational Law
One of the chief functions of any legal system is to provide the machinery for settling disputes between members of the society which the system serves. No legal system can be expected to solve all such disputes, but law can create an atmosphere in which the parties themselves may effect, without bloodshed, the resolution, minimization or avoidance of disputes. The disputants may choose an arbiter or conciliator to reach a settlement for them, or they may bargain and compromise until they find a common basis for an agreement ending the dispute. The latter process, called negotiation, is the most effective …