Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Transnational Law

The Catholic University of America, Columbus School of Law

Articles 1 - 6 of 6

Full-Text Articles in Law

Article 36 Of The Vienna Convention On Consular Relations: Private Enforcement In American Courts After Lagrand, Cara H. Drinan Jan 2002

Article 36 Of The Vienna Convention On Consular Relations: Private Enforcement In American Courts After Lagrand, Cara H. Drinan

Scholarly Articles and Other Contributions

In this Note, I explore the potential impact of LaGrand upon domestic American criminal jurisprudence with an eye toward what the case demonstrates for America as a member of international institutions more generally. In Part I, I describe the central holdings of the ICJ in LaGrand, noting how dramatically LaGrand departs from what American courts have previously interpreted the VCCR to require. Having demonstrated the enormity of LaGrand's procedural implications, I examine early cases after LaGrand and what they suggest about the American judicial response to the ICJ decision in Part II. I argue that American courts err to ...


The International Recognition Of Judgments: The Debate Between Private And Public Law Solutions, Antonio F. Perez Jan 2001

The International Recognition Of Judgments: The Debate Between Private And Public Law Solutions, Antonio F. Perez

Scholarly Articles and Other Contributions

This article explores institutional alternatives for balancing the competing trade and non-trade concerns at the national and global levels in relation to the recognition and enforcement of judgments. It argues against a private international law convention of the kind that is currently being negotiated at the Hague Conference on Private International Law, and against quasi-constitutional and constitutional solutions, such as those employed by the European Union and the United States. Rather, the article argues that managing the tensions between trade and non-trade values and between state autonomy and globally established standards can best be achieved through a supplementary agreement in ...


The Perils Of Pinochet: Problems For Transnational Justice And A Supranational Governance Solution, Antonio F. Perez Jan 2000

The Perils Of Pinochet: Problems For Transnational Justice And A Supranational Governance Solution, Antonio F. Perez

Scholarly Articles and Other Contributions

No abstract provided.


The Passive Virtues And The World Court: Pro-Dialogic Abstention By The International Court Of Justice, Antonio F. Perez Jan 1997

The Passive Virtues And The World Court: Pro-Dialogic Abstention By The International Court Of Justice, Antonio F. Perez

Scholarly Articles and Other Contributions

Only a few years ago the International Court of Justiceseemed to be edging toward judicial activism. This article argues that in its most recent pronouncements the ICJ has instead employed a variety of techniques for abstention. The ICJ's use of this "arsenal of devices" recalls, however, Alexander Bickel's argument for the exercise of judicial restraint by the U.S. Supreme Court in a way that nonetheless allows the judicial organ to stimulate constitutional politics. In the recent contentious cases and advisory opinions concerning the status of East Timor, exploitation of the natural resources of Nauru, and a trilogy ...


On The Way To The Forum: The Reconstruction Of Article 2(7) And The Rise Of Federalism Under The United Nations Charter, Antonio F. Perez Jan 1996

On The Way To The Forum: The Reconstruction Of Article 2(7) And The Rise Of Federalism Under The United Nations Charter, Antonio F. Perez

Scholarly Articles and Other Contributions

This Article argues that the U.S. and EC views of the national security interests exceptions reflect competing conceptions of the WTO legal order. Under the first, the WTO is viewed as merely an agreement between states governing a limited issue area, the disciplining of protectionist policies, under which other issue areas are reserved to sovereign state decisionmaking or, alternatively, whatever other international institutions states have separately granted competence for management of the issue. Under this view, the United States might well argue that its Helms-Burton sanctions are outside the jurisdiction of the WTO and instead within the jurisdiction of ...


Transnational Joint Ventures And Antitrust Analysis, George E. Garvey Jan 1985

Transnational Joint Ventures And Antitrust Analysis, George E. Garvey

Scholarly Articles and Other Contributions

This article develops the argument for lenient treatment of transnational joint ventures in several sections. The first section defines ajoint venture. The second and third summarize the historical application of the antitrust laws to joint ventures in general, and to transnationaljoint ventures in particular. The fourth section explores the economic bases for analysis and briefly notes some relevant political considerations. The fifth section analyzes the application of antitrust principles to transnational ventures, emphasizing the leading historic and contemporary judicial decisions, and attempting to identify and critique the developing analytical approaches.

Finally, the article suggests a judicial and legislative response that ...