International Law Commons^™

When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy Legal Issues Surrounding Guantanamo Bay, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Application Of Tax Treaties To Investment Funds, Niccolo Pallesi

ExpressO

Among financial investors, investment funds are the ones that mostly have increased their importance in capital markets where the regulation on investment funds is still incipient. By using investment funds, individual investors can have the possibility to participate in various companies as well as in market places worldwide without the need of specific and elaborated knowledge of the same companies and markets. After an introductory chapter I start analyzing the definition and activity of an investment fund, attention is also paid to the UCITS regulation for European investment funds. In the next chapter I analyze how investment funds are taxed …

Is The Lack Of Trusts An Impediment For Expanding Business Opportunities In Latin America?, Dante Figueroa

ExpressO

The trust is considered one of the most useful legal structures for promoting business in the United States. In Latin America, in contrast, the trust ("fideicomiso") has been used only in limited circumstances in the commercial and financial realms. While the Anglo-American trust is an exceedingly flexible and pragmatic legal tool, the Latin American fideicomiso has been described as a rigid and outdated institution. Business and legal experts have determined that the lack of an Anglo-American-type trust in Latin America is one of the major obstacles that investors face when attempting to do business in the region. In order for …

The Legality Of The Use Of White Phosphorus By The United States Military During The 2004 Fallujah Assaults, Roman O. Reyhani

ExpressO

The assaults on Fallujah by the United States military in April and November 2004 involved the use of white phosphorus. White phosphorus has extremely damaging effects on the health of victims, including severe burns and irritation of the respiratory system. This article examines whether the use of white phosphorus was a violation of the Chemical Weapons Convention, Protocol III to the Convention on Conventional Weapons and international humanitarian law. It concludes that the use of white phosphorus was illegal as it could be argued to be a chemical weapon, a riot control agent, or incendiary weapon. Furthermore, the methods and …

Internationalizing Copyright: How Claims Of International, Extraterritorial Copyright Infringement May Be Brought In U.S. Courts, Elliot Cook

ExpressO

This Comment assesses the use of the Alien Tort Statute (“ATS”) as a jurisdictional basis for claims of international copyright infringement occurring outside of the United States. Under the ATS, aliens may sue in United States district courts for torts that amount to violations of treaties or the law of nations.

Given that copyright infringement is a tort, an alien may only be able to establish ATS jurisdiction in a suit of extraterritorial infringement if the infringement violated a treaty or the law of nations. This comment argues that extraterritorial copyright infringement does indeed amount to a violation of the …

Freedom Of Speech In The Changining World Of Internet Domain Name Registration And Dispute Resolution: How The Increasing Influence Of National Governments In Domain Name Policy Threatens Free Speech On The Internet, Sean P. Shecter

ExpressO

The conflict between a private organization running the domain name system and the sovereign rights of states to regulate the internet brings to the forefront a key legal issue: the extent to which governments should control freedom of speech within the existing domain name system. The vacuous response to freedom of speech concerns in both the development of the domain name system and customary international law allowed for the increased influence of national governments. With national governments increasing their control over local domain names, significant gaps may develop in the protection of freedom of speech on the internet. Thus, nations, …

Chain Reaction: How Property Begets Property, Sabrina Safrin

Rutgers Law School (Newark) Faculty Papers

Classic theories for the evolution of property rights consider the emergence of private property to be a progressive development reflecting a society’s movement to a more efficient property regime. This article argues that instead of this progressive dynamic, a more subtle and damaging chain reaction dynamic can come into play that traditional theories for intellectual and other property rights neither anticipate nor explain. The article suggests that the expansion of intellectual and other property rights have an internally generative dynamic. Drawing upon contemporary case studies, the article argues that property rights evolve in reaction to each other. The creation of …

Yukos Risk: The Double Edged Sword, Joseph Tanega, Dmitry Gololobov

ExpressO

Abstract The article focuses on elucidating the meaning of Yukos risk mainly in terms of corporate bankruptcy litigation in multiple jurisdictions, including, the U.S., U.K., The Netherlands, and Russia. The emphasis is on understanding the various legal theories and the court decisions reached so far in this continuing legal saga.

Resolving Conflicts Between Multilateral Environmental Agreements: The Case Of The Montreal And Kyoto Protocols, Daniel G. Mccabe

ExpressO

The Kyoto Protocol to the United Nations Framework Convention on Climate Change and the Montreal Protocol on Substances that Deplete the Ozone Layer are multilateral environmental agreements that regulate the use of chemicals that contribute to climate change and ozone depletion. The Montreal Protocol, however, encourages the replacement of ozone depleting substances with chemicals that contribute to climate change. Likewise, the Kyoto Protocol encourages the production of an ozone depleting substance by allowing companies to profit by destroying the byproduct of its manufacture. This comment attempts to resolve these conflicts through conventional and customary international law. It concludes that the …

Tearing Down The Great Wall – The New Generation Investment Treaties Of The People’S Republic Of China, Stephan W. Schill

ExpressO

The People’s Republic of China (PRC or China) has emerged as the world’s prime destination of foreign investment in the developing world and is continuously strengthening its position as a source of outward foreign investment, notably in Asia and Africa. In this context, the PRC has concluded over 110 bilateral investment treaties (BITs) that grant protection against expropriation and establish other standards of treatment for foreign investors in China and Chinese investors abroad.

While the PRC was originally hesitant regarding international investment protection, the country started, beginning in the late 1990’s, entering into new generation BITs that break with her …

Settlement Of Disputes Under The United States-Central America-Dominican Republic Free Trade Agreement, David A. Gantz

ExpressO

The U.S. – Central America – Dominican Republic Free Trade Agreement is one of nearly a dozen post-NAFTA FTAs that have been concluded by the United States since 2000 with nations in Latin America, the Middle East and Asia. All of these newer agreements are based on NAFTA, but they differ in significant respects, particularly in the chapters relating to dispute settlement. The changes reflect, most significantly, U.S. government experience with NAFTA dispute settlement, particularly with regard to actions brought by private investors against the United States and other NAFTA governments under NAFTA’s investment protection provisions (Chapter 11). However, they …

Space Program And Business In India - Legal Perspectives, Shashi Sharma

ExpressO

No abstract provided.

Sovereign Rights Oveer Indonesian Natural Resources: An Archipelagic Concept Of Rational And Sustainable Resource Management, Mochtar Kusumaatmadja

Indonesian Journal of International Law

This article is discussing about the problems in environmental, ecology, and oceanography, and the potential of South China Sea and the seas surroundings for the development of marine research and also for the environmental in that area protection.

Economic And Legal Views Of Depletion Premium In The Extraction Of Petroleum Resources, Zen Umar Purba

Indonesian Journal of International Law

Following the end of World War II and the colonialism era, developing and less developed counries became more aware of the need to protect the natural resources in their region, and started to strife for political independence. In the course of this development there is no doubt that there countries still need assistance from developed countries, which in this case are “represented” by multinational companies. The relationship between these two entities – countries and multinational companies – has been growing in a unique way. This condition influences the growth of the protection of its own interests that pertain to this …

Economic And Legal Views Of Depletion Premium In The Extraction Of Petroleum Resources, Arsegianto Arsegianto

Indonesian Journal of International Law

Production Sharing Contract (PSC) has become the model of contract of th upstream petroleum sector in Indonesia. Based on Act No. 22 Year 2001, the activity in oil and gas in upstream sector can run if there a cooperation contract whose it can be the production sharing contract or another form of cooperation contract, that it can bring more the profit to the state. In the management of the natural resources like oil and gas, it must have the allocation of the usage costs or depleting premium for replacing the taking of the a unit whose caused a lot of …

Indonesian’S Natural Gas: Production, Reserves, And Challenges, Bambang Widarsono

Indonesian Journal of International Law

In the last few years it has occurred the decreasing of Indonesia’s oil production in national scale in 10% per year. At the same time the situation of the national gas showing the increasing of the production and the backup. The production rate can be maintained and the backup even can show the growth from year to year. The analysis of the history of the production and the backup, exploration activity, and the comparison between the discovery of the oil and gas in the recent years underlying that the oil can be the sources of energy and the income for …

Desentralisasi Yang Mengarah Ke Sistem Federal Dan Pengaruhnya Terhadap Pelaksanaan Fungsi Negara, Edie Toet Hendratno

Indonesian Journal of International Law

Article 18 Paragraph (5) of the 1945 Constitution of the Republic of Indonesia stipulates that the local administration (regional government) can implement autonomy as wide as possible, except for the administration affairs that are stipulated as the (central) government’s affair. This stipulation contains the principle of the transfer of the reserve of powers of the government to the local administration. The same goes with the decentralization policy in Act 22/1999 on Local Administration, as well as other legislations like the Act on Special Autonomy for Nanggroe Aceh Darusalam and Papua. They contain saome federal arrangement. The decentralization process that leads …

Election Offences As The Ground Of Election Petition: A Comparative Analysis, Topo Santoso

Indonesian Journal of International Law

This article is intended to compare the regulation about the criminal offence of general elections to be able to file a lawsuit. The main question is what is the legal basis to file a general election lawsuit in Indonesia, Malaysia, Singapore, and Philippine. Does the criminal offence of general elections be the one reason for having a general election lawsuit? In this research proved that in Indonesia the legal basis of the general election lawsuit only the presence of error of the counting the general election results by the Commission of General Election (KPU), so the general election cannot be …

Dumping Dalam Perdagangan Internasional Dan Mekanisme Penyelesaian Sengketa Dumping Melalui World Trade Organization, Christophorus Barutu

Indonesian Journal of International Law

Dumping practices have been known as unfair trade practices that results serious injury in international trade. It could cause results serious injury pr threaten injury for industry and in the long term can form barrier to domestic industry from the dumping effects. Accordingly, the protection often causes dispute between government of one country and the business players of other country, and vice versa. World Trade those disputes by creating Dispute Settlement Body (DSB). This dispute settlemnet system is expected to be the best solution on handling and settling disputes concerning dumping and to serve a good justice in international trade …

International Law And Legitimacy And The Palestine Question, Rashid Khalidi

UC Law SF International Law Review

In this speech delivered at the Fourth Annual Rudolf B. Schlesinger Memorial Lecture on October 25, 2006, Rashid Khalidi discussed aspects of the history of how international law and the growing 20th century framework of international legitimacy emerging from the League of Nations and the United Nations have intersected with the issue of Palestine over the past century or so. Indeed, in some measure, the treatment of the Palestine issue by these two bodies has shown the limits of international law, and of an international order founded on it. In making policy on Palestine over most of the past century, …

Ireland Goes Bananas: Irish Insider Trading Law And Price-Sensitive Information After Fyffes V. Dcc, Jeremiah Burke

UC Law SF International Law Review

In Fyffes v. DCC, the Irish High Court ruled that James Flavin, a non-executive director of the banana distributer, Fyffes PLC, did not engage in insider trading. The case is Ireland's most significant ruling on insider trading because it clarifies the test, under Irish law, for determining whether information available to an insider is price-sensitive. A comparison of Irish and American securities law reveals that an American court may have viewed Flavin's dealings as insider trading because American courts focus on whether non-public information is material. While Fyffes was not a sympathetic plaintiff, the Irish statutory focus on price-sensitive information …

Globe - Volume 20, Issue 2, Table Of Contents (2007), University Of The Pacific, Mcgeorge School Of Law

Global Business & Development Law Journal

No abstract provided.

The Role Of Judicial Independence, Brian K. Landsberg

Global Business & Development Law Journal

No abstract provided.

Are Shared Benefits Of International Waters An Equitable Apportionment? (With P. Wouters), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Criminal Conspiracy And The Military Commissions Act: Two Minds That May Never Meet, Charles H. Rose Iii

ILSA Journal of International & Comparative Law

Good morning. I wish to thank my fellow panelists, the International Law Society, and the New York City Bar Association for hosting this excellent conference.

Conservative Bastion Or Progressive Problem Solver: The Evolving Face Of Military Jurisprudence And International Law, Victor Hansen

ILSA Journal of International & Comparative Law

The theme of our presentation is "Military Jurisprudence: Bastion of Conservatism or Progressive Problem Solver."

The Republic Of Georgia's Fight Against Torture: A Model For Emerging Democracies, Jason D. Reichelt

ILSA Journal of International & Comparative Law

On May 10, 2005, President George W. Bush became the first U.S. President to visit the Republic of Georgia, a small country nestled between the Black Sea and the Caspian Sea and formerly part of the Soviet Union, which earned its independence in 1991.

La Lucha De La Republica De Georgia En Contra De La Tortura: Un Modelo Para Democracias Emergentes, Jason D. Reichelt

ILSA Journal of International & Comparative Law

El 10 de mayo del 2005, el Presidente George W. Bush se convirti6 en el primer presidente estadounidense en visitar la Republica de Georgia, un pais pequehio ubicado entre el Mar Negro y el Mar Caspio, y anteriormente parte de la Uni6n Sovi6tica, la cual obtuvo su independencia en 1991.

Analyzing The International Criminal Court Complementarity Principle Through A Federal Courts Lens, Ada Sheng

ILSA Journal of International & Comparative Law

The signing of the Rome Statute that created the International Criminal Court (ICC) was viewed by many in the international law community as a constitutional moment not unlike the passage of the Judiciary Act of 1789.