Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 8 of 8
Full-Text Articles in Law
Insulating A Wto Investment Facilitation Framework From Isds, George A. Bermann, N. Jansen Calamita, Manjiao Chi, Karl P. Sauvant
Insulating A Wto Investment Facilitation Framework From Isds, George A. Bermann, N. Jansen Calamita, Manjiao Chi, Karl P. Sauvant
Faculty Scholarship
The authors identify several ways in which a WTO investment facilitation framework for development can be insulated from investor-state dispute settlement provisions in international investment agreements, and suggest specific formulations in this respect.
The Use Of Force Against Non-State Actors: Introductory Remarks By Monica Hakimi, Monica Hakimi
The Use Of Force Against Non-State Actors: Introductory Remarks By Monica Hakimi, Monica Hakimi
Faculty Scholarship
This is the panel on the use of defensive force against non-state actors. We thought we would use the campaign against the Islamic State in Iraq and Syria, ISIS, to take stock on where we are on the question of when, if ever, states may use defensive force against non-state actors in other states.
Just to set the scene a little bit, I am sure many of you know that ISIS is a transnational terrorist group that emerged in Syria in 2013, in the middle of the civil war there. By the summer of 2014, ISIS occupied quite a bit …
Perspectives On The Restatement (Fourth) Project, William S. Dodge, Sarah H. Cleveland, Paul B. Stephan, Harold Hongju Koh, John Bellinger, Campbell Alan Mclachlan
Perspectives On The Restatement (Fourth) Project, William S. Dodge, Sarah H. Cleveland, Paul B. Stephan, Harold Hongju Koh, John Bellinger, Campbell Alan Mclachlan
Faculty Scholarship
Good morning, everyone, and thank you all for coming. It is great to have this conversation, particularly with so many people who are already helpfully contributing to this project. As Bill said, I just wanted to say a little bit about the treaty prong of the project that was approved for consideration by the ALI a couple of years ago.
First of all, I should note we get a lot of questions about whether or not we are addressing executive agreements and congressional executive agreements, in addition to Article II treaties. And the current answer is that we are not. …
'Domesticating' The New York Convention: The Impact Of The Federal Arbitration Act, George A. Bermann
'Domesticating' The New York Convention: The Impact Of The Federal Arbitration Act, George A. Bermann
Faculty Scholarship
Much as one may try to universalize and even ‘de-nationalize’ international commercial arbitration – whether through Conventions, uniform or model laws or soft law – the phenomenon remains profoundly affected by national law and policy. That is indeed very much one of the leitmotifs of this book.
The incongruities – big and small – between domestic and international arbitration regimes typically present themselves on a purely ad hoc basis; that is to say, in specific and often isolated contexts, as when a particular case in a national court produces a result that looks anomalous from the point of view of …
Our International Constitution, Sarah H. Cleveland
Our International Constitution, Sarah H. Cleveland
Faculty Scholarship
This Article seeks to challenge and redirect contemporary debate regarding the role of international law in constitutional interpretation based upon an examination of historical Supreme Court practice. The Article has three goals: It first marshals the weight of evidence regarding the Supreme Court's historical use of international law in constitutional analysis, to rebut the claim that the practice is new. It then analyzes the ways that the Court has used international law from a legitimacy perspective, and finally draws lessons from the historical practice to offer preliminary suggestions- regarding the normatively appropriate use of international law.
Treaties And International Regulation, Lori Fisler Damrosch
Treaties And International Regulation, Lori Fisler Damrosch
Faculty Scholarship
The authority of Missouri v. Holland is in no way impaired by developments of the last decade. While Justice Holmes rejected the view that "invisible radiation" from the Tenth Amendment could restrict the treaty power, his approach accepts that a treaty cannot violate "prohibitory words" in the Constitution. Some prohibitory words explicitly protect the interests of the states as against the national government. For example, the framers clearly meant the prohibition in Article I, section 9 on export taxes to bar one form of potential federal taxation that the Southern states found worrisome. In the face of this specific prohibition, …
Gatt Membership In A Changing World Order: Taiwan, China, And The Former Soviet Republics, Lori Fisler Damrosch
Gatt Membership In A Changing World Order: Taiwan, China, And The Former Soviet Republics, Lori Fisler Damrosch
Faculty Scholarship
My introduction to questions of GATT membership came in 1979 when, as an attorney in the U.S. Department of State, I was immersed in a series of issues concerning trade relations with the People's Republic of China ("China" or "PRC") and Taiwan ("Republic of China" or "ROC"). I kept hearing about the "Chinese seat" in the GATT as if it were some piece of furniture waiting to be taken out of storage and put back in the dining room. The image of a chair is hardly an apt way of visualizing the extraordinarily complex network of legal relationships that exists …
The Role Of The United States Senate Concerning "Self-Executing" And "Non-Self-Executing Treaties", Lori Fisler Damrosch
The Role Of The United States Senate Concerning "Self-Executing" And "Non-Self-Executing Treaties", Lori Fisler Damrosch
Faculty Scholarship
This essay concerns a pattern in treaty actions of the U.S. Senate which tends to weaken the domestic legal effect of treaties. Under this pattern, the Senate qualifies its consent to U.S. ratification of the treaty with a declaration or other condition to the effect that the treaty shall be non-self-executing, or otherwise expresses its intention that the treaty shall not be used as a direct source of law in U.S. courts. Such qualifications, referred to hereinafter as "non-self-executing declarations," give rise to important questions about the place of the affected treaties within the fabric of U.S. law, especially in …