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Articles 361 - 390 of 1150

Full-Text Articles in International Law

Promoting Economic Cohesion Over The Continued Rise Of National Interests: Landeskreditbank Baden-Württenberg - Förderbank V. European Central Bank Jan 2020

Promoting Economic Cohesion Over The Continued Rise Of National Interests: Landeskreditbank Baden-Württenberg - Förderbank V. European Central Bank

The International Lawyer

No abstract provided.


The Enforcement Of Punitive Damages Awards Between United States And Europe: An Introduction For U.S. Practitioners Jan 2019

The Enforcement Of Punitive Damages Awards Between United States And Europe: An Introduction For U.S. Practitioners

The International Lawyer

This article’s objective is to introduce U.S.-based practitioners to European civil-law perspectives on whether U.S. punitive damages awards are enforceable in their jurisdictions. After a brief review concerning the birth of punitive damages within common law, valuable to better understand their cultural and legal significance, this article will outline how the prominent European jurisdictions — France, Germany, Italy, Spain, and Switzerland — have dealt with the enforcement of U.S. punitive damages awards. Through each jurisdiction’s policy principles and relevant law, this article aims to afford U.S.-based practitioners initial tips and litigation strategies about how to maximize their chances of enforcing …


Commission V. Belgium: Belgium's Tax Law Prevents Free Movement Of Capital, John Gramlich Jan 2019

Commission V. Belgium: Belgium's Tax Law Prevents Free Movement Of Capital, John Gramlich

The International Lawyer

No abstract provided.


Lisbon's Legacy: Increased Democratic Accountability And Centralized Governance In Eu International Investment Policy, Julia Johnson Jan 2019

Lisbon's Legacy: Increased Democratic Accountability And Centralized Governance In Eu International Investment Policy, Julia Johnson

The International Lawyer

No abstract provided.


Looking Back And Thinking Forward: The Current Round Of Civil Law Codification In China Jan 2019

Looking Back And Thinking Forward: The Current Round Of Civil Law Codification In China

The International Lawyer

No abstract provided.


An International Tribunal For The Use Of Nuclear Weapons, Anthony J, Colangelo, Peter Hayes Jan 2019

An International Tribunal For The Use Of Nuclear Weapons, Anthony J, Colangelo, Peter Hayes

Faculty Journal Articles and Book Chapters

Although offenses against international law have been proscribed at a certain level of generality, nobody hitherto has examined closely the scientific and ecological damages that would be imposed by nuclear strikes in relation to resulting possible law-ofwar violations. To correct that information deficit and institutional shortfall, the first Part of this Article constructs a hortatory proposal for a tribunal for the use of nuclear weapons under international law. The second Part of the Article shows how such a tribunal statute would have a real-world effect on those charged with launching nuclear strikes and determining the legality of the strike orders. …


Investigating Potentially Unlawful Death Under International Law: The 2016 Minnesota Protocol, Christof Heyns, Stuart Casey-Maslen, Toby Fisher, Sarah Knuckey, Thomas Probert, Morris Tidball-Binz Jan 2019

Investigating Potentially Unlawful Death Under International Law: The 2016 Minnesota Protocol, Christof Heyns, Stuart Casey-Maslen, Toby Fisher, Sarah Knuckey, Thomas Probert, Morris Tidball-Binz

The International Lawyer

No abstract provided.


Aligning Emerging Global Strategies To Combat Corporate Corruption: From A Two Thrust Approach To A Two Swords One Thrust Strategy Of Compliance, Prosecutorial Discretion, And Sovereign Investor, Larry Catá Backer Jan 2019

Aligning Emerging Global Strategies To Combat Corporate Corruption: From A Two Thrust Approach To A Two Swords One Thrust Strategy Of Compliance, Prosecutorial Discretion, And Sovereign Investor, Larry Catá Backer

The International Lawyer

No abstract provided.


Time For The Creation Of A Standing U.N. Armed Peace Service And The Potential Employment Of Experienced U.S. Veterans As A Significant Component Of Such A Force, Ronald Sievert Jan 2019

Time For The Creation Of A Standing U.N. Armed Peace Service And The Potential Employment Of Experienced U.S. Veterans As A Significant Component Of Such A Force, Ronald Sievert

The International Lawyer

No abstract provided.


Uniform Interpretation Of Cisg Jan 2019

Uniform Interpretation Of Cisg

The International Lawyer

This UN Convention on Contracts for the International Sale of Goods (CISG) has been U.S. law for a generation and requires that it be interpreted “to promote uniformity in its application”. This article argues that uniform interpretation is impractical because 1) it is written in six official languages which do not always mean the same thing; 2) with more than 90 countries’ courts and arbitrators applying CISG, each in its own language, some of which do not regularly print their opinions, it is difficult to access all opinions on a single point; 3) since Civil Law countries consider the writings …


The Status Of Unrecognized Quasi-States And Their Responsibilities Under The Montevideo Convention Jan 2019

The Status Of Unrecognized Quasi-States And Their Responsibilities Under The Montevideo Convention

The International Lawyer

We discuss how international law under the 1933 Montevideo Convention fails to account for Quasi-States and make recommendation of how this could be remedied.


C Is For Cookie: Is The Eu's New "Cookie Law" Good Enough To Protect My Data? Jan 2019

C Is For Cookie: Is The Eu's New "Cookie Law" Good Enough To Protect My Data?

The International Lawyer

[...]data breaches have consistently increased in recent years, with almost 1,300 breaches in 2017 and over 600 as of July 24, 2018.11 This is obviously a problem that affects millions of people across the globe each year and is expected to continually increase as the global economy becomes ever more digital, forcing some to call for action. [...]the comment will speculate as to any potential legal developments as a result of the GDPR's implementation in the European Union and ways that it may evolve over time to affect not only the European Union but also other nations that do business …


Defense Perspectives On Fairness And Efficiency At The International Criminal Court, Jenia I. Turner Jan 2019

Defense Perspectives On Fairness And Efficiency At The International Criminal Court, Jenia I. Turner

Faculty Journal Articles and Book Chapters

Over the last several years, states parties of the International Criminal Court (ICC) have put increasing pressure on the court to become more efficient. Proceedings are seen as unduly slow, and judges have been urged to rein in the parties and expedite the process.

The emphasis on efficiency can advance important goals of the ICC. It can help ensure defendants’ right to a speedy trial, promote victims’ interests in closure, and allow the court to process more cases with limited resources. But as the experience of earlier international criminal tribunals shows, an unrelenting pursuit of efficiency could also interfere with …


When Contractual Good Faith Meets A Controversial M&A Issue: The Sandbagging Practice In International Arbitration, Maxime Panhard Jan 2018

When Contractual Good Faith Meets A Controversial M&A Issue: The Sandbagging Practice In International Arbitration, Maxime Panhard

The International Lawyer

No abstract provided.


Rehabilitation In Article 14 Of The Convention Against Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment, Nora Sveaass, Felice Gaer, Claudio Grossman Jan 2018

Rehabilitation In Article 14 Of The Convention Against Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment, Nora Sveaass, Felice Gaer, Claudio Grossman

The International Lawyer

No abstract provided.


Precarious Employment: Varying Approaches To Foreign Sovereign Immunity In Labor Disputes, Richard Garnett Jan 2018

Precarious Employment: Varying Approaches To Foreign Sovereign Immunity In Labor Disputes, Richard Garnett

The International Lawyer

No abstract provided.


Holocaust Art Disputes: The Holocaust Expropriated Art Recovery Act Of 2016, Herbert I. Lazerow Jan 2018

Holocaust Art Disputes: The Holocaust Expropriated Art Recovery Act Of 2016, Herbert I. Lazerow

The International Lawyer

No abstract provided.


The State Of Investor-State Arbitration: A Reality Check Of The Issues, Trends, And Directions In Asia-Pacific, Julien Chaisse, Rahul Donde Jan 2018

The State Of Investor-State Arbitration: A Reality Check Of The Issues, Trends, And Directions In Asia-Pacific, Julien Chaisse, Rahul Donde

The International Lawyer

No abstract provided.


Protection Of Regulatory Autonomy And Investor Obligations: Latest Trends In Investment Treaty Design, Klara Polackova Van Der Ploeg Jan 2018

Protection Of Regulatory Autonomy And Investor Obligations: Latest Trends In Investment Treaty Design, Klara Polackova Van Der Ploeg

The International Lawyer

No abstract provided.


Rule Of Law In The U.A.E.: The Peaceful Path To Nation-Building In Abu Dhabi And The U.A.E. Through Global Best Practices, Valerie J. Pelton Jan 2018

Rule Of Law In The U.A.E.: The Peaceful Path To Nation-Building In Abu Dhabi And The U.A.E. Through Global Best Practices, Valerie J. Pelton

The International Lawyer

No abstract provided.


The Oecd/G20-Beps-Project And The Value Creation Paradigm: Economic Reality Disemboguing Into The Interpretation Of The Arm's Length Standard, Stanley Langbein, Max R. Fuss Jan 2018

The Oecd/G20-Beps-Project And The Value Creation Paradigm: Economic Reality Disemboguing Into The Interpretation Of The Arm's Length Standard, Stanley Langbein, Max R. Fuss

The International Lawyer

No abstract provided.


The Future Legal Management Of Mass Migration, Jack I. Garvey Jan 2018

The Future Legal Management Of Mass Migration, Jack I. Garvey

The International Lawyer

No abstract provided.


Pluralism In International Criminal Procedure, Jenia I. Turner Jan 2018

Pluralism In International Criminal Procedure, Jenia I. Turner

Faculty Journal Articles and Book Chapters

Over the last two decades, international criminal procedure has become a recognized body of law, with textbooks, treatises, and law review articles discussing its rules and principles and theorizing its goals and methods. The term refers to the procedures used at the international criminal courts and tribunals created to address some of the most serious offenses, such as genocide, crimes against humanity, and war crimes. Some of these courts are fully international, like the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the permanent International Criminal Court (ICC). Others are “hybrid courts,” …


Setbacks In Regulatory Data Protection Confront Innovative Drug Developers In The Russian Federation, Bruce Mcdonald, Vladislav Ugryumov, Denis Kolesnikov Jan 2018

Setbacks In Regulatory Data Protection Confront Innovative Drug Developers In The Russian Federation, Bruce Mcdonald, Vladislav Ugryumov, Denis Kolesnikov

The International Lawyer

No abstract provided.


Minimum International Norms For Managing Space Traffic, Space Debris, And Near Earth Object Impacts, Paul B. Larsen Jan 2018

Minimum International Norms For Managing Space Traffic, Space Debris, And Near Earth Object Impacts, Paul B. Larsen

Journal of Air Law and Commerce

No abstract provided.


A Cure From Rome For Montreal’S Illness: Article 5 Of The Rome I Regulation And Filling The Void In The 1999 Montreal Convention’S Regulation Of Carrier’S Liability For Personal Injury, Yehya I. Ibrahim Badr Jan 2018

A Cure From Rome For Montreal’S Illness: Article 5 Of The Rome I Regulation And Filling The Void In The 1999 Montreal Convention’S Regulation Of Carrier’S Liability For Personal Injury, Yehya I. Ibrahim Badr

Journal of Air Law and Commerce

An examination of the 1999 Montreal Convention shows that the drafters did not intend to lay down a comprehensive treaty that would organize a carrier’s liability for personal injury to passengers. They opted to achieve a certain level of uniformity through enacting a set of rules that tackled several key issues such as the grounds for a carrier’s liability, the available defenses, and the limits on the recoverable damages. Consequently, some unaddressed issues created a void in the Montreal Convention and were then left without a clear remedy. In this article, a distinction is made between two types of voids: …


Front Matter Jan 2018

Front Matter

Journal of Air Law and Commerce

No abstract provided.


The Export-Import Bank: It's History, Function, And The Reauthorization Act's Impact On The United States And Latin America, David Brack Bryant Oct 2017

The Export-Import Bank: It's History, Function, And The Reauthorization Act's Impact On The United States And Latin America, David Brack Bryant

Law and Business Review of the Americas

No abstract provided.


Guide To Japanese Cross-Border Insolvency Law, Hideo Horikoshi Oct 2017

Guide To Japanese Cross-Border Insolvency Law, Hideo Horikoshi

Law and Business Review of the Americas

No abstract provided.


Continuing To Put The Brakes On Mexican Truckers: Will The U.S. Ever Implement Nafta Annex I, Dana T. Blackmore Oct 2017

Continuing To Put The Brakes On Mexican Truckers: Will The U.S. Ever Implement Nafta Annex I, Dana T. Blackmore

Law and Business Review of the Americas

No abstract provided.