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Selected Works

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International Law

2011

Articles 1 - 14 of 14

Full-Text Articles in Law

Speaker, “The Persistence Of Sovereignty And The Rise Of The Legal Subject”, Michael Helfand Nov 2011

Speaker, “The Persistence Of Sovereignty And The Rise Of The Legal Subject”, Michael Helfand

Michael A Helfand

No abstract provided.

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Customary International Law 2.0, Scott Sullivan Aug 2011

Customary International Law 2.0, Scott Sullivan

Scott Sullivan

Throughout history, customary law has been legitimized as an instrument to put the power of law behind the aggregated, collective judgment of citizens. Technological advances in communication have created a world where such collective judgments are easier to identify and apply than ever before. Unfortunately, the current regime design of customary international law formation is tethered to a fiction of state consent that is subjecting the system to creeping anachronism.

This Article offers an alternative theoretical “version” for understanding and justifying the creation of customary international law norms. Consistent with the software versioning invoked in the title, this rethinking of …

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China's Evidentiary And Procedural Reforms, The Federal Rules Of Evidence, And The Harmonization Of Civil And Common Law, John J. Capowski Aug 2011

China's Evidentiary And Procedural Reforms, The Federal Rules Of Evidence, And The Harmonization Of Civil And Common Law, John J. Capowski

John J. Capowski

China’s People’s Supreme Court has stated its commitment to reform its judicial system, and the linchpin of the reform effort is the Uniform Provisions of Evidence, which are in the process of becoming China’s first procedural and evidentiary code. Incongruously, China, a civil law country, has modeled the Uniform Provisions upon the United States’ Federal Rules of Evidence and incorporated into the Uniform Provisions principles of United States’ criminal and civil procedure. The parallels between the Uniform Provisions and the Federal Rules of Evidence are striking and the adoption of F.R.E. language extraordinary.
After setting out the traits that distinguish …

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Us-Amerikanisches Handels- Und Wirtschaftsrecht, 2d Edition, Michael Van Alstine, Siegfried Elsing Jul 2011

Us-Amerikanisches Handels- Und Wirtschaftsrecht, 2d Edition, Michael Van Alstine, Siegfried Elsing

Michael P. Van Alstine

No abstract provided.

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Fehlender Konsens Beim Vertragsabschulss Nach Dem Einheitlichen Un-Kaufrecht, Michael Van Alstine Jul 2011

Fehlender Konsens Beim Vertragsabschulss Nach Dem Einheitlichen Un-Kaufrecht, Michael Van Alstine

Michael P. Van Alstine

No abstract provided.

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Addressing Access To Medicine: The Influence Of Competing Patent Perspectives, Cynthia M. Ho Apr 2011

Addressing Access To Medicine: The Influence Of Competing Patent Perspectives, Cynthia M. Ho

Cynthia M Ho

Promoting access to affordable medicine for poor countries is considered important by a wide range of actors, including not only rich and poor countries, but also public health advocates, patent owners, and scholars. However, promoting access has been elusive. Public health advocates argue that access to medicine is increasingly difficult due to changes in domestic and international laws that limit access to unpatented and low-cost generic drugs by expanding the scope of patent rights. Patent owners and some countries deny these claims while simultaneously advocating for more expansive patent rights as necessary to promote innovation and development. This article addresses …

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Eradication Of Child Labor Exploitation In A Global Economy - Part I, Sharon Breckenridge Thomas Dec 2010

Eradication Of Child Labor Exploitation In A Global Economy - Part I, Sharon Breckenridge Thomas

S. Breckenridge Thomas

No abstract provided.

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Articles 74, John Gotanda Dec 2010

Articles 74, John Gotanda

John Y Gotanda

No abstract provided.

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Yin And Yang: A Comparison Of Monetary Remedies In International Investment And Transnational Commercial Disputes, John Gotanda Dec 2010

Yin And Yang: A Comparison Of Monetary Remedies In International Investment And Transnational Commercial Disputes, John Gotanda

John Y Gotanda

No abstract provided.

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Article 75, John Gotanda Dec 2010

Article 75, John Gotanda

John Y Gotanda

No abstract provided.

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Research Handbook On International Criminal Law, Bartram Brown Dec 2010

Research Handbook On International Criminal Law, Bartram Brown

Bartram Brown

No abstract provided.

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Article 77, John Gotanda Dec 2010

Article 77, John Gotanda

John Y Gotanda

No abstract provided.

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The Interpretation Of National Foreign Investment Laws As Unilateral Acts Under International Law, David D. Caron Dec 2010

The Interpretation Of National Foreign Investment Laws As Unilateral Acts Under International Law, David D. Caron

David D. Caron

To encourage foreign investment, governments not infrequently adopt a national foreign investment law that sets assurances as to how foreign investment will be treated and provides consent to non-national mechanisms, primarily arbitration before the International Centre for the Settlement of Investment Disputes (“ICSID” or the “Centre”), for the resolution of disputes. This Chapter focuses in particular on the rules of interpretation to be applied when ascertaining the meaning of a unilateral act such as a national foreign investment law. The Chapter proceeds in the following manner. Part I and II are brief with Part I laying out the textual and …

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The Interpretation Of National Foreign Investment Laws As Unilateral Acts Under International Law, David D. Caron Dec 2010

The Interpretation Of National Foreign Investment Laws As Unilateral Acts Under International Law, David D. Caron

David D. Caron

To encourage foreign investment, governments not infrequently adopt a national foreign investment law that sets assurances as to how foreign investment will be treated and provides consent to non-national mechanisms, primarily arbitration before the International Center for the Settlement of Investment disputes (“ICSID”), for the resolution of disputes. This Chapter examines national foreign investment laws as unilateral acts under international law. Professor Reisman and Mahnoush Arsanjani examining the arguably more difficult situation of unilateral oral declarations of “heads of state and ministers of developing countries . . . promising certain conditions or treatment for foreign investors,” conclude that such statements …

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