International Law Commons^™

Strengthening The Montreal Protocol: Insurance Against Abrupt Climate Change, Donald Kaniaru, Rajendra Shende, Scott Stone, Durwood Zaelke

Sustainable Development Law & Policy

No abstract provided.

Potential Causes Of Action For Climate Change Impacts Under The United Nations Fish Stocks Agreement, William C.G. Burns

Sustainable Development Law & Policy

No abstract provided.

Implementation & Utilization Of Geoengineering For Global Climate Change Control , Alan Carlin

Sustainable Development Law & Policy

No abstract provided.

Economic Growth And The Environment: India Confronts The Link Between Automobiles And Climate Change , Rahul Saksena

Sustainable Development Law & Policy

No abstract provided.

Overview: Intersection Of Climate Security With Energy Production And Consumption, Vickie Patton

Sustainable Development Law & Policy

No abstract provided.

Emerging Standards For Sustainable Finance Of The Energy Sector, Kirk Herbertson, David Hunter

Sustainable Development Law & Policy

No abstract provided.

Update On The Environmental And Legal Consequences Of The Recent Lebanon-Israel War, Salah Husseini

Sustainable Development Law & Policy

No abstract provided.

World News, Cari Shiffman

Sustainable Development Law & Policy

No abstract provided.

The States And The World: Twin Levers For Reform Of U.S. Federal Law On Toxic Chemicals, Daryl W. Ditz

Sustainable Development Law & Policy

No abstract provided.

Environmental Standards In U.S. Free Trade Agreements: Lessons From Chapter 11, Hena Schommer

Sustainable Development Law & Policy

No abstract provided.

The Eu Adopts An Integrated Maritime Policy And Action Plan: Is The U.S. Far Behind Or Ahead?, Joan M. Bondareff

Sustainable Development Law & Policy

No abstract provided.

Preparing For The Day After Tomorrow: Frameworks For Climate Change Adaptation, Ira R. Feldman, Joshua H. Kahan

Sustainable Development Law & Policy

No abstract provided.

The Eu Challenge To The Sec, Roberta S. Karmel

Fordham International Law Journal

This Article argues that the European Union (“EU”) has been instrumental in moving the United States (“U.S.”) Securities and Exchange Commission (“SEC”) from a policy of national treatment of foreign (non-U.S.) issuers to a policy of mutual recognition of financial disclosure accounting standards based on convergence between U.S. accounting standards and international accounting standards. Further, future initiatives based on a national treatment model are under consideration by the SEC. At the same time, progress on the road to mutual recognition has been made possible by SEC influences on the EU, leading to securities regulation reform in the EU, and greater …

The Globalization Of The Legal Profession, William D. Henderson

Indiana Journal of Global Legal Studies

Globalization of The Legal Profession, Symposium. Indiana University School of Law-Bloomington, April 6, 2006

Ethical Codes And Cultural Context: Ensuring Legal Ethics In The Global Law Firm, Laurence Etherington, Robert Lee

Indiana Journal of Global Legal Studies

There are doubtless many practical and professional problems that arise in the global legal practice, but this paper suggests that not least of these are issues of legal ethics, in part generated by the global context and not easily amenable to resolution by reference to any single code within the "home" or "host" jurisdiction. For example, there may be difficulties in isolating precisely what those ethical obligations might comprise. These obligations might be rooted in the requirements of local law, but they might arise equally from the values and expectations of the client, or from other lawyers whether inside or …

Globalization Of Legal Practice In The Internet Age, Leonard Bierman, Michael A. Hitt

Indiana Journal of Global Legal Studies

The Internet's global reach has had a significant impact on the legal profession. This essay explains a few of the key developments in this area, including: competition fueled by outsourcing legal work to lower-wage earning lawyers around the world, "virtual work" changing client interaction and attorney work schedules, law firm reputation as a result of information availability on the Internet, work-product monitoring and the commoditization of legal services, and work force diversity spurred by the influence of international clients.

Globalization of The Legal Profession, Symposium. Indiana University School of Law-Bloomington, April 6, 2006

Lawyers As Sanctifiers: The Role Of Elite Law Firms In International Business Transactions, John Flood

Indiana Journal of Global Legal Studies

Globalization has fundamentally accelerated and altered business transactions. The search for low labor costs and cheap raw materials has led to a proliferation of international transactions, and large, international law firms are called on to participate in complex transactions helping business tap into sources of finance around the world for investment. This article first examines the theoretical underpinnings of international legal practice, taking into account the historiography of U.S. and U.K. law firms. Part II describes the economic and political factors behind law firms' rise. Part III analyzes the success of the common law, as expressed through contract, at the …

Local Matters: Internationalizing Strategies For U.S. Law Firms, Carole Silver

Indiana Journal of Global Legal Studies

The local nature of legal systems reduces the harmonizing impact that globalization has generated in other sectors of the economy. Despite the continuing importance of local differences and institutions, the world in which law and lawyers operate is increasingly connected, and national borders are receding as barriers to commerce. Lawyers and their firms must respond to the forces of globalization both as organizations and in connection with the services they provide. This article addresses the ways in which they are doing so by examining what it means for a law firm to be both a global and a U.S. firm. …

Global Law: A Legal Phenomenon Emerging From The Process Of Globalization, Pierrick Le Golf

Indiana Journal of Global Legal Studies

This article addresses the following question: Is Global Law merely a trendy theory, or are there concrete and factual elements allowing submission of irrefutable evidence of a movement toward the creation of a stand-alone international legal system? In this piece, Le Goff explores the idea of global law, and whether a harmonized scheme based on converging national laws and practices, international custom and values, among others, is emerging in the global economy. The first part of the article attempts to define the notion of global law, and to distinguish global law from other disciplines claiming a direct link to or …

Non-Governmental Organizations, Prevention, And Intervention In Internal Conflicts: Though The Lens Of Darfur, J. J. Welling

Indiana Journal of Global Legal Studies

This Note argues that cases like the humanitarian crisis and the conflict in Darfur, Sudan, present an intrastate collective action problem that has not been satisfactorily addressed by a traditional multilateral approach. Instead, the Darfur crisis demonstrates the need for an expanded view of modern international law in the face of intrastate conflict that includes systematic intervention procedures and preventive aid, as well as a multifaceted approach that recognizes and integrates NGOs and NGO alliances. This Note asserts that the Sudan crisis has posed a collective action problem requiring not only multilateral state collective action, but also multifaceted, coordinated action …

Should Or Must?: Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labour, And Other Human Rights, Stephen J. Powell

UF Law Faculty Publications

This article examines whether customs, treaties, and historical facts have caused the ethical human rights obligations of economically powerful states to assume a legal quality. The author argues that the legal quality of these obligations may arise from the global harm principle of international law and human rights obligations found in treaties. As a consequence, states may be held accountable for the human rights violations of transnational corporations. Further, the author examines the possibility of pursuing claims under the U.S. Alien Tort Statute for torts committed in violation of international treaties as another avenue for enforcing human rights obligations.

Rights Relationships And The Experience Of Children Orphaned By Aids, Jonathan Todres

Faculty Publications By Year

The global AIDS pandemic has left more than fifteen million children orphaned. These children constitute one of the most vulnerable populations, yet their situation has received relatively little scrutiny from legal scholars. This Article intends to fill that void by explicating the experience of children orphaned by AIDS, situating it in the broader context of the HIV/AIDS pandemic, and evaluating protections available under international human rights law. Analyzing human rights law as applied to children orphaned by AIDS exposes the extent to which rights are interrelated, particularly for marginalized populations.

In current scholarship, the interrelationship among rights, for the most …

Introduction (Symposium: Perspectives On Post-Conflict Constitutionalism), Ruti G. Teitel

Articles & Chapters

No abstract provided.

Biosecurity Under The Rule Of Law, David Fidler, Lawrence O. Gostin

Articles by Maurer Faculty

No abstract provided.

Architecture Amidst Anarchy: Global Health's Quest For Governance, David Fidler

Articles by Maurer Faculty

Increased concern about global health has focused attention on governance questions, and calls for new governance architecture for global health have appeared. This article examines the growing demand for such architecture and argues that the architecture metaphor is inapt for understanding the challenges global health faces. In addition to traditional problems experienced in coordinating State behavior, global health governance faces a new problem, what I call “open-source anarchy.” The dynamics of open-source anarchy are such that States and non-State actors resist governance reforms that would restrict their freedom of action. In this context, what is emerging is not governance architecture …

Book Review. All Politics Is Global: Explaining International Regulatory Regimes By Daniel W. Drezner, David Fidler

Articles by Maurer Faculty

No abstract provided.

Climate Change, Adaptation, And Development, Daniel H. Cole

Articles by Maurer Faculty

Since the signing the Kyoto Protocol, the international community has focused a great deal of attention on measures designed to reduce emissions of greenhouse gases. Much less attention has been paid to climate change adaption. This is unfortunate because, even if the Kyoto Protocol is fully implemented, climate change will generate substantial costs requiring substantial adaptation efforts, especially in the less developed countries (LDCs) of the world's tropical regions.

This paper considers what those countries should be doing in preparation for the effects of climate change, and what the countries of the developed world, including the United States, can and …

Challenging The Assumption Of Equality: The Due Process Rights Of Foreign Litigants In U.S. Courts (Panel), Austen L. Parrish, Paul R. Dubinsky

Articles by Maurer Faculty

No abstract provided.

Book Review. Vom Volkerrecht Zum Weltrecht By Angelika Emmerich-Fritsche, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

The Role Of The International Criminal Court In Enforcing International Criminal Law, Philippe Kirsch

American University International Law Review

No abstract provided.