Comparative and Foreign Law Commons^™

Common Capital: A Thought Experiment In Cross-Border Resolution, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

Cross-border bank resolution efforts focus on burden-sharing between bank owners, private creditors and the public. There is little talk of burden-sharing among governments, despite the rich history of governments trying to stick one another with the cost of financial conglomerate failures. There is an unspoken fear that acknowledging the need to allocate losses among governments would undermine post-crisis pledges of No More Bailouts. This symposium essay argues for making government stakes in private financial firms more transparent, and for using the contingent public share as a key to loss allocation among governments in cross-border banking crises.

Aiding And Abetting: The Illegality Of Morocco's Nationalist Expansion Into Western Sahara And Their Support From The United States, Rachid H. Yousfi

Master's Theses

This paper will address the illegality of Morocco’s nationalist annexation of Western Sahara and how the United States plays the accommodating role through the selling of arms, economic aid, and diplomatic support. Considered as Africa’s last colony, the Saharawi people have not experienced the basic human right to self-determination and the right for independence. These rights are continued to be withheld for the sake of Moroccan nationalism and their “rightful and ethnic” claims to the territory, disregarding the International Court of Justice (ICJ)’s advisory opinion ruling in favor of Saharawi self-determination. It explores the chronology of the Saharawi population from …

Moving Towards Sustainable Coastal Development In South Asia By Linking Coastal Climate Change Adaptation With Integrated Coastal Zone Management Through The Instrumentality Of Law, Tony George Puthucherril

PhD Dissertations

For long, coastal management focused on the sustainable utilization of coastal resources and avoidance and management of conflict, as well as the promotion of complementarities between users. However, with rising sea levels and other climate change impacts, coastal management has become increasingly complex. This thesis investigates the legal instruments underpinning the management of coastal zones, exploring the concept of sustainable coastal development (SCD) and the relevance of the integrated coastal zone management (ICZM) process. Specifically, the discourse analyzes how law and legal regimes play a backbone role in strengthening and supporting ICZM implementation by facilitating the linkage between ICZM and …

Financial Innovation In East Asia, Ross P. Buckley, Douglas W. Arner, Michael Panton

Seattle University Law Review

Finance is important for development. However, the Asian financial crisis of 1997–1998 and the global financial crisis of 2008 highlighted the serious risks associated with financial liberalization and excessive innovation. East Asia’s strong focus on economic growth has necessitated a careful balancing of the benefits of financial liberalization and innovation against the very real risks inherent in financial sector development. This Article examines the role of regulatory, legal, and institutional infrastructure in supporting both financial development and limiting the risk of financial crises. The Article then addresses a series of issues with particular developmental significance in the region: trade finance, …

The Timing And Source Of Regulation, Frank Partnoy

Seattle University Law Review

The distinction between specific concrete rules and general abstract principles has engaged legal theorists for decades. This rules–principles distinction has also become increasingly important in corporate and securities law, as well as financial market regulation. This Article adds two important variables to the rules–principles debate: timing and source. Although these two variables are relevant to legal theory generally, the specific goal here is not to address and engage the rules versus principles literature directly. Rather, the goal here is to ask whether the debate about financial market regulation might benefit from a more transparent analysis of temporal and legal source …

Deferred Prosecutions In The Corporate Sector: Lessons From Libor, Justin O'Brien, Olivia Dixon

Seattle University Law Review

Since 2008, the global economic downturn has significantly in-creased operating pressures on major corporations. Additionally, there has been a corresponding increase in corporate tolerance for corruption, which has coincided with a marked preference by regulators in settling, rather than litigating, enforcement actions. This Article argues that the expansion of prosecutorial authority without appropriate accountability restraints is a major tactical and strategic error. It evaluates whether the mechanism can be made subject to effective oversight. It argues that the current frame-work in the United States is highly problematic, leading to settlements that generate newspaper headlines but not necessarily cultural change. It …

Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds, Adam D. Dixon

Seattle University Law Review

The financial crisis ultimately caused Western governments to welcome sovereign wealth fund (SWF) investment as a way to put a floor under collapsing markets and to provide a set of voluntary principles that would underwrite SWFs’ claim to legitimacy in the international community. In the autumn of 2007, then U.S. Treasury Secretary Henry Paulson, in conjunction with the International Monetary Fund, convened the International Working Group of SWFs (IWG) to draft a set of generally accepted principles and practices. These principles are referred to as the “Santiago Principles.” The implicit objective of these twenty-four voluntary principles is to promote greater …

Australia’S Experience With Foreign Direct Investment By State Controlled Entities: A Move Towards Xenophobia Or Greater Openness?, Greg Golding

Seattle University Law Review

Over the last few years, there has been considerable debate in Australia as to the appropriate regulation of foreign direct investment by entities affiliated with foreign governments. During that time, Australia has been a significant beneficiary of investment by sovereign wealth funds from many foreign jurisdictions, particularly by Chinese state owned enterprises. The Australian government, similar to governments of many developed Western countries, has struggled to properly calibrate its policy settings for regulating this type of investment activity. This Article considers the Australian regulatory regime and assesses Australia’s experience in regulating those investment flows during this period.

Public Sector Labor Policy: A Human Rights Approach, Robert Hebdon

Nevada Law Journal

No abstract provided.

The Applicability Of The Crime Of Aggression To Armed Conflicts Involving Quasi-States, Hyeyoung Lee

Maurer Theses and Dissertations

The crime of aggression, as defined in the Rome Statute of the International Criminal Court, is only applicable to inter-state armed conflicts. There is, however, a gray area when an armed conflict erupts in the territory of a recognized state and initially looks like civil war, but has international elements such as the involvement of a quasi-state whose status and rights are disputed in international law. Resolving the issue of whether the crime of aggression is applicable to disputes involving quasi-states is important because (1) there are many quasi-states throughout Europe, Asia, and Africa; and (2) quasi-states are a …

Over There: Teaching International And Comparative Law At West Point, Robert J. Goldstein

ILSA Journal of International & Comparative Law

The 2013 International Law Weekend panel discussion, "Teaching International Law Outside Law Schools," was considered by many present to be a novel reflection on the challenges of transplanting a law school-level course in international law to non-law students.

Recent Developments In European Union Crisis Management Operations, Gilles Marhic

ILSA Journal of International & Comparative Law

The European Union (EU) has the possibility to plan, establish, and launch crisis management operations on the basis of Articles 42(4) and 43(2) of the Treaty on European Union (TEU).'

Settlement Of Maritime Delimitation Disputes Within Complex Geographical Settings, Teoman Uykur

ILSA Journal of International & Comparative Law

The topic of this Panel is a relevant issue, which is continually a subject of growing interest in the international community.

Boko Haram Terrorism: Reaching Across International Boundaries To Aid Nigeria In The Humanitarian Crisis, Lynn L. Taylor

ILSA Journal of International & Comparative Law

Every day parents around the world send their children to school with the expectation their children's lives will be improved by the education they receive.

Surveillance And Law Enforcement: Tools In The Fight Against Terror In A Comparative Study Of The United States And Pakistan, Waris Husain

ILSA Journal of International & Comparative Law

In the aftermath of September 11, 2001 (9/11), nations around the world began adopting emergency measures that emphasized national security but infringed on the rights guaranteed to citizens through their respective domestic constitutions and international law.

The Rise Of Frankenbeer: A Holistic Analysis On International Labeling And Beverage Laws Through The Lens Of The Ongoing Controversy Of Genetically Modified Organisms, Harrison Joss

ILSA Journal of International & Comparative Law

How come my beer doesn't tell me how many calories are contained within a single can?

Decision-Making Process Of The Inter-American Court: An Analysis Prompted By The "In Vitro Fertilization" Case, Alvaro Paul

ILSA Journal of International & Comparative Law

People have a tendency to act somewhat impulsively when they are exposed to extreme situations.

The 2014 Philip C. Jessup International Law, The State Of Amalea, The Republic Of Ritania

ILSA Journal of International & Comparative Law

The State of Amalea ["Amalea"] and the Republic of Ritania ["Ritania"] hereby submit the present dispute to the International Court of Justice ["The Court"] pursuant to Article 40(1) of the Court's Statute, in accordance with Special Agreement for submission to the Court of the differences between the parties concerning certain activities within the Malachi Gap, signed in the Hague, the Netherlands, this 17 th day of September in the year two thousand and thirteen.

On The Ninth Circuit's New Definition Of Piracy: Japanese Whalers V. The Sea Shepherd-Who Are The Real "Pirates" (I.E. Plunderers)?, Barry H. Dubner, Claudia Pastorius

Faculty Scholarship

No abstract provided.

Stumbling Forward In Syria, George Bisharat

UC Law SF International Law Review

No abstract provided.

Three's (Not) A Crowd In International Tax Arbitration: International Tax Arbitration As A Development Of International Commercial Arbitration Rather Than A Map Fix, Sarah G. Nowland

UC Law SF International Law Review

One of the goals of bilateral tax conventions is mitigating instances of double taxation for each state's taxpayers. Tax conventions include a Mutual Agreement Procedure (MAP) to handle disputes brought by a taxpayer of one state claiming double taxation by his home country and the other state party to the convention. Once a claim is initiated, each state designates competent authorities to resolve the issue through MAP. MAP's three main weaknesses include the length of time it takes competent authorities to agree, the possibility that competent authorities will not reach an agreement, and that the taxpayer who brought the dispute …

Legitimacy And Independence Of International Tribunals: An Analysis Of The European Court Of Human Rights, Kanstantsin Dzehtsiarou, Donal K. Coffey

UC Law SF International Law Review

This paper explores the theoretical framework of judicial independence of international tribunals, with specific reference to the independence of the European Court of Human Rights. It then argues that independence is a key aspect of the legitimacy of an international tribunal and suggests that legal reforms designed to enhance the judicial independence of the European Court of Human Rights should focus on the two main structural parts of the Court, namely the judiciary and the Registry. This paper analyses a number of proposed reforms that can make the European Court of Human Rights more independent and credible. These insights are …

In Opposition Of Cultural Institutionalization Of Speech Following U.S. Intervention Into Foreign Governments, Carmen M. Cusack

Barry Law Review

No abstract provided.

The Right To Strike - Sustainable Constitutional Reform: Comparative Case Studies Of Workers' Strikes In The Kenyan Public Sector, Ann Munene

UC Law SF International Law Review

A few years after the fall of apartheid, South Africa adopted one of the most progressive constitutions in African history in 1997. This adoption affirmed the emerging trend of constitutional reform embraced by many African nations, since the 1960s when most gained their independence. Most constitutional reform in Africa, focused on increasing human rights protections for Citizens. One such right is the right to strike.

This note will examine the Kenyans' choice to include a "Right to Strike" provision in the newly adopted Constitution of 2010, in the face of a similar provision in the Labour Relations Act of 2007. …

Beyond Privacy Rights: Crossborder Cyber-Espionage And International Law, 31 J. Marshall J. Info. Tech. & Privacy L. 369 (2014), Stefan Kirchner

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

International Court Of Justice, The State Of Amalea, The Republic Of Ritania

ILSA Journal of International & Comparative Law

On behalf of Amalea ("the Applicant") and the Republic of Ritania ("the Respondent"), in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honour to transmit to you an original of the Compromis for submission to the International Court of Justice of the Differences between the Applicant and the Respondent concerning Certain Activities within the Malachi Gap, signed in The Hague, The Netherlands, on the seventeenth day of September in the year two thousand thirteen.

Ats Liability For Rogue Banking In A Post-Kiobel World, Joel Slawotsky

UC Law SF International Law Review

No abstract provided.

Moving Money: International Financial Flows, Taxes, And Money Laundering, Richard Gordon, Andrew P. Morriss

UC Law SF International Law Review

Allegations by political leaders and others that offshore financial centers enable multinational enterprise to avoid paying a "fair" amount of tax-and that they enable wealthy individuals to evade paying any tax, much of it on ill gotten gains-are once again garnering headlines and inspiring government action. One of the most prominent commentators on these topics, The Tax Justice Network, has recently claimed that thanks to the services of tax havens, $21 trillion to $32 trillion of wealth of questionable origin remains hidden and untaxed, and that such abuse must be stopped through greater regulation. In this paper we argue that …

Changing Lanes: Intellectual Property Rights, Trade And Investment, Julien Chaisse, Puneeth Nagaraj

UC Law SF International Law Review

Trademarks are inherent features of transnational business transactions. From a trade perspective, a trademark is used by a business as an identification sign to distinguish its goods or services from those of its competitors. Trademarks are also a form of investment as they are valuable business assets; they can be sold or licensed. This paper provides a comprehensive analysis of the international economic rules that apply to transnational business activities requiring trademark protection. It answers the key question: What is the role of trade and investment treaties in ensuring trademarks are duly respected? The paper demonstrates that some trademark infringement …

Developing Effective Transparency: A Case Study On Voluntary Disclosure And Social Responsibility At Apple Inc., Jessica Gomez

UC Law SF International Law Review

Apple Inc. ("Apple") is one of many multinational corporations in the electronics industry that uses a voluntary transparency policy to manage disclosure of information pertaining to labor conditions of supply chain factories. This note analyzes the strengths and weaknesses of Apple's transparency policies over the years, as well as the events that triggered these policies. This note also examines voluntary disclosure schemes generally, and discusses the inherent limitations of a policy that is self-defined and self-enforced. Despite its limitations, Apple's policy has initiated some positive changes to labor practices and has contributed to a broader discussion on corporate social responsibility …