International Law Commons^™

A Stag Hunt Account And Defense Of Transnational Labour Standards---A Preliminary Look At The Problem, Alan Hyde

Rutgers Law School (Newark) Faculty Papers

Transnational labor standards are modeled as cooperative solutions to the class of strategic dilemmas known as Stag Hunts, in which all actors would gain from a cooperative solution, but only if all cooperate. If you think a partner will defect, your best strategy is also to defect. Intuitively, India, Pakistan, and Bangladesh will all be better off if none of their children work and all go to school; however if one defects from this agreement it will capture a stream of foreign investment linked to child labor. Understanding Stag Hunts explains why transnational labor standards are found both in genuinely …

Occupation Failures And The Legality Of Armed Conflict: The Case Of Iraqi Cultural Property, Mary Ellen O'Connell

The Ohio State University Moritz College of Law Working Paper Series

US Secretary of Defense Donald Rumsfeld dismissed the looting of the Iraqi National Museum in April 2003 by remarking, “stuff happens.” In doing so, he gave an early indication that in planning to invade Iraq, the Bush Administration failed to take seriously the legal obligations of an occupying power. Occupying powers have a variety of binding legal obligations, including obligations to stop looting, protect cultural property, and protect persons in detention. Yet, the Administration sent a wholly inadequate force to fulfill those obligations, and, more seriously, the force received no direct and imperative orders to do so. As a result, …

Justice In The Palestine-Israel Conflict, John B. Quigley

The Ohio State University Moritz College of Law Working Paper Series

Military-territorial conflicts are typically addressed by the international community on the basis of considerations of justice, meaning relevant standards accepted by the community of states for conduct among states and peoples. If such standards are followed, resulting agreements stand a greater chance of providing for a lasting peace. In the conflict over historic Palestine, considerations of justice have had to compete with considerations of major-power policy, from early twentieth century to the present. When negotiations re-commence, the international community should ensure that they be conducted with considerations of justice at the forefront. If that approach is taken, in particular regarding …

The New Canon: Using Or Misusing Foreign Law To Decide Domestic Intellectual Property Claims , Edward S. Lee

The Ohio State University Moritz College of Law Working Paper Series

This Article provides the first in-depth analysis of the use of foreign authorities to resolve issues related to domestic statutes, particularly focusing on intellectual property (IP) statutes. The study of IP statutes provides a fertile area of research because of the increased pressures for international protection of IP. The Article criticizes the current approach U.S. courts have taken to using foreign authorities in this area, which can best be described as ad hoc. The Article then sets forth a framework by which U.S. courts can decide, more systematically, when to rely on foreign authorities in IP cases. The Article fills …

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 8 Cultural Heritage, Ifc

IFC E&S Performance Standards

No abstract provided.

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redlinect Edits To Ps 5 Resettlement, Ifc

IFC E&S Performance Standards

No abstract provided.

Dec. 18, 2004, A.Durbin Et Al., Summary Of Cso Comments On Pol'y And Perf. Standards, Clean Copy, Ifc

IFC E&S Performance Standards

No abstract provided.

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edit To Ps 2- Labor And Working Conditions, Ifc

IFC E&S Performance Standards

No abstract provided.

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits, Ps 9 Social & Environmental Management System, Ifc

IFC E&S Performance Standards

No abstract provided.

Dec. 18, 2004, A. Durbin Et Al., Summary Of Cso Comments On Policy & Ps With D. Hunter's Notes On Ps, Ifc

IFC E&S Performance Standards

No abstract provided.

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 3 Pollution Prevention And Abatement, Ifc

IFC E&S Performance Standards

No abstract provided.

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 8 Cultural Heritage, Ifc

IFC E&S Performance Standards

No abstract provided.

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits On Ifc's Ses Policy, Ifc

IFC E&S Performance Standards

No abstract provided.

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 4 Community Health And Safety, Ifc

IFC E&S Performance Standards

No abstract provided.

Dec. 17, 2004, Ifc Consultation Advisory No.3, Public Consultation Phase I To Remain Open, David Cowan

IFC E&S Performance Standards

No abstract provided.

Dec. 15. Cso Recommendations For Embedding Human Rights In Pss, Michael Bassett, Diana Bronson, Daniel Bradlow, Andrea Durbin, Steve Hertz, Petr Hlobl, David Hunter, Fergus Mackay, Anne Perrault, Jorge Daniel Taillant

IFC E&S Performance Standards

No abstract provided.

Dec. 15, 2004, A. Durbin, Et Al, Draft Cso Tracked Comments And Suggested Revisions To Ifc's August 12, 2004 Draft, Ifc

IFC E&S Performance Standards

No abstract provided.

Dec. 2004, Cso Proposals For Integrating Human Rights Into Pss, Michael Bassett, Diana Bronson, Daniel Bradlow, Andrea Durbin, Steve Hertz, Petr Hlobl, David Hunter, Fergus Mackay, Anne Perrault, Jorge Daniel Taillant

IFC E&S Performance Standards

No abstract provided.

Dec. 13, 2004, D. Clark, International Accountability Project-Comments, D. Clark

IFC E&S Performance Standards

No abstract provided.

Uberregulation Without Economics: The World Trade Organization's Decision In The U.S.-Mexico Arbitration On Telecommunications Services, General Agreement On Trade In Services, Gats, J. Gregory Sidak, Hal J. Singer

Federal Communications Law Journal

In April 2004, a World Trade Organization ("WTO") arbitration panel found that Mexico had violated its commitments under the Annex on Telecommunications to the General Agreement on Trade in Services ("GATS") by failing to ensure that Telmex, Mexico's largest supplier of basic telecommunications services, provide interconnection to U.S. telecommunications carriers at international settlement rates that were costoriented. The WTO panel deemed long run average incremental cost ("LRAIC") to be the appropriate cost standard for setting settlement rates. Mexico thus became obliged to change its domestic telecommunications regulations or face trade sanctions. The decision is the first WTO arbitration to deal …

Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh

Faculty Scholarship

Recent years have seen dramatic growth in the number of international tribunals at work across the globe, from the Appellate Body of the World Trade Organization and the International Tribunal for the Law of the Sea, to the Claims Resolution Tribunal for Dormant Claims in Switzerland and the International Criminal Court. With this development has come both increased opportunity for interaction between national and international courts and increased occasion for conflict. Such friction was evident in the recent decision in Loewen Group, Inc. v. United States, in which an arbitral panel constituted under the North American Free Trade Agreement found …

Recognition And Enforcement Of International Commercial Arbitration Awards, Shouhua Yu

LLM Theses and Essays

Arbitration is an effective way to solve disputes, through which parties from different countries can be partially free from anyone’s local jurisdiction. However, the recognition and enforcement of international arbitration awards still rely on the national court system. Since China opened its door to the world, more and more commercial disputes have been settled through arbitration. However, many foreign investors and writers have complained about the defects in the recognition and enforcement of arbitration awards in China. This paper will look into the causes of these defects in, and try to find ways to resolve the defects.

Case Note. Nemitz V. United States, A Case Of First Impression: Appropriation, Private Property Rights And Space Law Before The Federal Courts Of The United States, Robert Kelly

Journal of Space Law

No abstract provided.

“Judicial Nationalism” In International Law: National Identity And Judicial Autonomy At The Icj, Adam M. Smith

ExpressO

To many, the International Court of Justice’s allowance for a State to have a co-national on the bench when the Court hears its case is an affront to “justice.” The unstated assumption—under which both the critics of the practice and the States who demand it operate—is that national judges will view co-nationals with greater sympathy than they do foreigners. Despite its intuitive appeal, it is troubling that States, critics and academics alike have accepted this assumption with little questioning. In fact, nothing on “judicial nationalism” in the ICJ has appeared in the academic literature since the 1960s. Given the ICJ’s …

Balancing Representation: Special Representation Mechanisms Addressing The Imbalance Of Marginalized Voices In African Legislatures, Stephanie L. Kodish

ExpressO

This report focuses on four different mechanisms designed to provide marginalized groups in Africa with improved legislative representation at the national level. These special representation mechanisms include: proportional representation, guaranteed minority seating, advisory bodies and affirmative gerrymandering . These tools appear a beneficial means through which nations may eliminate discrimination, better safeguard the interests of marginalized people, boost opportunity for political expression and place each member of society on equal footing.

To situate this discussion in its proper context, this paper explores relevant international law, the case for and against special representation and the myriad problems that arise in attempting …

The Trade Of Cross-Border Gambling And Betting: The Wto Dispute Between Antigua And The United States, James D. Thayer

Duke Law & Technology Review

The first ecommerce dispute to come before the World Trade Organization ("WTO") was billed to be one of David and Goliath proportion. The tiny twin-island nation-state of Antigua and Barbuda challenged the United States' ban on cross-border Internet gambling and betting. As a result of the dispute, the WTO issued a private final report against the United States finding that the ban violates the United States' commitments under the WTO. Shortly before the public release of the final report, both parties petitioned the WTO to indefinitely postpone its release so that the parties could engage in private negotiations. The final …

Nov. 4, 2004, Treasury's Crosscutting Issues To Cso Before Meeting With Ifc Re Safeguard Review, Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 4, 2004, Cso Table Critiquing Ifc Performance Standards 1-9, Ifc

IFC E&S Performance Standards

No abstract provided.

Flags Of Convenience Before The Law Of The Sea Tribunal, Tullio Treves

San Diego International Law Journal

Reflagged vessels and vessels flying flags of convenience (two phenomena that most often coexist) are frequent features in cases brought before the International Tribunal for the Law of the Sea (ITLOS or the Tribunal). Of all the cases decided by the Tribunal, only the Southern Bluefin Tuna cases and the MOX Plant case had nothing to do with this phenomenon; and only the former, which concerns fishing, somehow involves ships.

Nov. 1, 2004, Ltr From D. Hunter, Pec, To M. Taylor, Cao, Re Changes In Ifc Safeguard Policies, David Hunter

CAO General 1999-Present

No abstract provided.