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2011

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Articles 391 - 420 of 903

Full-Text Articles in International Law

Interview: Rodrigo Escobar Gil, Commissioner At The Inter-American Commission On Human Rights, Evan Wilson, Charly Abbott Jan 2011

Interview: Rodrigo Escobar Gil, Commissioner At The Inter-American Commission On Human Rights, Evan Wilson, Charly Abbott

Human Rights Brief

No abstract provided.


Addressing Inept Sec Enforcement Efforts: Lessons From Madoff, The Hedge Fund Industry, And Title Iv Of The Dodd-Frank Act For U.S. And Global Financial Systems, Cheryl Nichols Jan 2011

Addressing Inept Sec Enforcement Efforts: Lessons From Madoff, The Hedge Fund Industry, And Title Iv Of The Dodd-Frank Act For U.S. And Global Financial Systems, Cheryl Nichols

Northwestern Journal of International Law & Business

A global regulatory framework for hedge fund custodians is needed, in addition to Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act or Dodd-Frank), to reduce the risk of the occurrence of another Madoff fraud and to assess systemic risk posed by hedge fund activities in the global financial system. This article recommends the creation of a single global regulator for independent, qualified hedge fund custodians to which country regulators must submit sufficient information to protect investors and to assess the level of systemic risk posed by hedge fund activities in the global …


Proceedings Of The International Academy Of Commercial And Consumer Law 15th Biennial Meeting - Preface, Louis Del Duca, Gianluca Gentili Jan 2011

Proceedings Of The International Academy Of Commercial And Consumer Law 15th Biennial Meeting - Preface, Louis Del Duca, Gianluca Gentili

Penn State International Law Review (1982 - 2011)

No abstract provided.


Japanese Corporate Governance: Behind Legal Norms, Caslav Pejovic Jan 2011

Japanese Corporate Governance: Behind Legal Norms, Caslav Pejovic

Penn State International Law Review (1982 - 2011)

No abstract provided.


Modernizing Latin American Company Law: Creating An All-Purpose Vehicle For Closely Held Business Entities-The New Simplified Stock Corporation, Francisco Reyes Jan 2011

Modernizing Latin American Company Law: Creating An All-Purpose Vehicle For Closely Held Business Entities-The New Simplified Stock Corporation, Francisco Reyes

Penn State International Law Review (1982 - 2011)

No abstract provided.


Volume 29 - Number 3: Table Of Contents Jan 2011

Volume 29 - Number 3: Table Of Contents

Penn State International Law Review (1982 - 2011)

No abstract provided.


International Sales Law-The Actual Practice, Ingeborg Schwenzer, Christopher Kee Jan 2011

International Sales Law-The Actual Practice, Ingeborg Schwenzer, Christopher Kee

Penn State International Law Review (1982 - 2011)

No abstract provided.


China's Compliance With International Law: What Has Been Learned And The Gaps Remaining, Roda Mushkat Jan 2011

China's Compliance With International Law: What Has Been Learned And The Gaps Remaining, Roda Mushkat

Washington International Law Journal

Chinese willingness and ability to play by the rules in the global arena is a critical issue that has long loomed large on the academic and policy agendas. A substantial body of knowledge has been built in the past two decades, shedding considerable light on key dimensions of the question. However, there is an apparent need to fine-tune the approach pursued thus far by seeking greater methodological robustness and better theoretical elucidation. Data collection procedures must be anchored more firmly in principles of scientific inquiry, providing a solid empirical foundation for reliable and valid generalizations, and single-cause explanations need to …


Beyond Culture Vs. Commerce: Decentralizing Cultural Protection To Promote Diversity Through Trade, Sean A. Pager Jan 2011

Beyond Culture Vs. Commerce: Decentralizing Cultural Protection To Promote Diversity Through Trade, Sean A. Pager

Northwestern Journal of International Law & Business

For the past three decades, culture defenders and free traders have fought a pitched battle over global regulation of audiovisual industries, a collision of seemingly incompatible worldviews whose destructive repercussions policy-makers and scholars have struggled to contain. The battle has played out at multiple levels of international trade law, investment treaties, and UNESCO conventions. Now, the culture-trade war threatens to engulf e-commerce. Fortunately, there is a better way. The extraordinary flowering of Korean popular culture in recent decades—commonly known as the "Korean Wave"—can be traced directly to a set of decentralized policies enacted by South Korea's government in the 1990s. …


The Trade Litigant's Gauntlet: The Hanging Judge And The Teflon Tribunal, Jay Charles Campbell Jan 2011

The Trade Litigant's Gauntlet: The Hanging Judge And The Teflon Tribunal, Jay Charles Campbell

Northwestern Journal of International Law & Business

The two U.S. agencies charged with conducting antidumping investigations may justifiably be labeled a "hanging judge" and a "Teflon tribunal." The Department of Commerce (DOC) investigates whether foreign firms have engaged in "dumping" exports to the United States. Since assuming responsibility for dumping investigations in 1980, the DOC has found that over 90% of the firms it investigated were "guilty." Such one-sided results subject far too many foreign firms to antidumping duty orders - which impair their ability to sell to the U.S. market - and send the wrong message to the United States' trading partners. Because the U.S. antidumping …


Establishing Claims For Damages, Costs And Interest In International Arbitration, Sir Vivian Ramsey Jan 2011

Establishing Claims For Damages, Costs And Interest In International Arbitration, Sir Vivian Ramsey

American University International Law Review

No abstract provided.


Emergency Powers And The Feeling Of Backwardness In Latin American State Formation, Jorge Gonzalez-Jacome Jan 2011

Emergency Powers And The Feeling Of Backwardness In Latin American State Formation, Jorge Gonzalez-Jacome

American University International Law Review

No abstract provided.


The Liability Of Online Markets For Counterfeit Goods: A Comparative Analysis Of Secondary Trademark Infringement In The United States And Europe, Kurt M. Saunders, Gerlinde Berger-Walliser Jan 2011

The Liability Of Online Markets For Counterfeit Goods: A Comparative Analysis Of Secondary Trademark Infringement In The United States And Europe, Kurt M. Saunders, Gerlinde Berger-Walliser

Northwestern Journal of International Law & Business

Online trademark infringement and counterfeiting is a growing problem for luxury brands. In recent years, trademark owners have taken aim at the operators of online marketplaces and auction websites, asserting that these defendants are liable for contributory infringement due to sales of counterfeit goods on their sites. In addressing the scope of secondary liability for trademark infringement, the courts of the United States and European nations, including France, Germany, and the United Kingdom, have applied differing standards and reached inconsistent results. This article considers the question of secondary liability for trademark infringement from a comparative perspective and contrasts the rationales …


Foreign Infrastructure Investment In Chile: The Success Of Public–Private Partnerships Through Concessions Contracts, Andrew Hill Jan 2011

Foreign Infrastructure Investment In Chile: The Success Of Public–Private Partnerships Through Concessions Contracts, Andrew Hill

Northwestern Journal of International Law & Business

Developing countries often have infrastructure needs that far outpace their ability to finance and undertake such projects. The private sector can foster development and help governments meet their infrastructure demands through Public–Private Partnerships (PPPs). PPPs allow governments to shift risk to the private sector and tap into the expertise of profit-maximizing firms. However, governments still face substantial exposure when deals fail. Over the past fifteen years, Chile has had great success with PPPs—most notably through toll road concessions. This paper examines the characteristics of Chile’s PPP regime in order to pinpoint the factors that lead to successful private participation in …


Solving Global Financial Imbalances: A Plan For A World Financial Authority, Carlos Mauricio S. Mirandola Jan 2011

Solving Global Financial Imbalances: A Plan For A World Financial Authority, Carlos Mauricio S. Mirandola

Northwestern Journal of International Law & Business

This paper will propose a plan to reform international finance—the World Financial Authority (WFA) Plan. Under such a plan, the IMF and other existing international financial institutions would be reformed and coordinated around a newly created WFA. The WFA would have two core functions. The first function would be to manage international liquidity, thus reducing externalities arising from domestic monetary policies adopted by its members, and addressing global liquidity problems involving financial activities of transnational private banks. The second function would be to help countries make their domestic monetary policies more effective, thus regaining traction and preventing contagion. A central …


More Than Best Friends: Expansion Of Global Law Firms Into The Indian Legal Market, Chris Vena Jan 2011

More Than Best Friends: Expansion Of Global Law Firms Into The Indian Legal Market, Chris Vena

Northwestern Journal of International Law & Business

Over the past half century, there has been an accelerating trend towards liberalization in the legal services industry. International free trade agreements have sought to promote open markets for legal services. The United States, United Kingdom, many European countries, Australia, Japan, Russia, China, and Singapore have all opened their legal markets to foreign law firms. India is something of an anomaly in this regard. Although it has one of the world's largest economies and has benefited greatly from liberalization in many industries, India's legal industry remains closed. Competition for foreign capital with other developing nations, particularly China, makes this an …


Toward A Regulatory Model Of Internet Intermediary Liability: File-Sharing And Copyright Enforcement, Christopher M. Swartout Jan 2011

Toward A Regulatory Model Of Internet Intermediary Liability: File-Sharing And Copyright Enforcement, Christopher M. Swartout

Northwestern Journal of International Law & Business

One of the major problems presented by digital content and the internet has been the failure of traditional copyright enforcement mechanisms to adequately address infringement that takes place via online file-sharing. Recently, laws that would introduce a new copyright enforcement paradigm have been proposed in numerous countries and have received strong support from content industries seeking a more effective enforcement regime. These laws are often referred to as "graduated response" policies. Although there is some variation, graduated response laws typically impose requirements on Internet Service Providers (ISPs) to cooperate with rightsholders and government in policing illegal file-sharing. ISPs are required …


The Derivative Market’S Black Sheep: Regulation Of Non-Cleared Security-Based Swaps Under Dodd-Frank, Barry Le Vine Jan 2011

The Derivative Market’S Black Sheep: Regulation Of Non-Cleared Security-Based Swaps Under Dodd-Frank, Barry Le Vine

Northwestern Journal of International Law & Business

This paper seeks to comprehensively analyze the SEC's security-based swaps mandate and how it should regulate those non-cleared OTC derivatives within its regulatory ambit to promote market stability, protect counterparties, and reduce the incentives for cross-border regulatory arbitrage which leads to systemic risk creation. It argues that there are many legitimate and compelling reasons for entering into bespoke security-based swap transactions and that imposing collateral and margin requirements would only distort the economics of these trades. It further argues that the SEC should not be in the business of setting margin requirements, which would be an unprecedented move for the …


"You Say Nano, We Say No-No:" Getting A "Yes" Instead For Special Economic Zones In India, Sumeet Jain Jan 2011

"You Say Nano, We Say No-No:" Getting A "Yes" Instead For Special Economic Zones In India, Sumeet Jain

Northwestern Journal of International Law & Business

Special Economic Zones (SEZs) have the potential to be valuable in-struments of economic growth and development in India. Yet, as a result of the resistance facing them, SEZs in India have not delivered economic benefits to their fullest potential. For this reason, reducing the resistance facing SEZs is critical to their success. This article seeks to reduce this resistance by devising a consensus-building plan based on a regulatory negotiation approach. The ar-ticle first shows that the past and present resistance facing India’s economic zones is a product of the lack of public input in the design of their policy. It …


The Revolving Door Of Emigration: The Economic Influences Of Remittances In Developing Countries, Laura L. Norris Jan 2011

The Revolving Door Of Emigration: The Economic Influences Of Remittances In Developing Countries, Laura L. Norris

Northwestern Journal of International Law & Business

Economic incentives play an integral role in many individuals' choices to leave their country of origin. While a person may independently make the decision to migrate, some governments have developed extensive programs to promote the export of workers. Developing nations often initiate such programs for the purpose of acquiring additional sources of foreign exchange and external financing, as emigrants in transnational families can play a critical role in development through remittances. Remittances to developing countries totaled $325 billion in 2010, and they will likely continue to increase along with emigration. The following Comment considers the palpable contribution remittances have on …


Regulation Not Prohibition: The Comparative Case Against The Insurable Interest Doctrine, Sharo Michael Atmeh Jan 2011

Regulation Not Prohibition: The Comparative Case Against The Insurable Interest Doctrine, Sharo Michael Atmeh

Northwestern Journal of International Law & Business

American law requires an insurable interest—a pecuniary or affective stake in the subject of an insurance policy—as a predicate to properly obtaining insurance. In theory, the rule prevents both wagering on individual lives and moral hazard. In practice, the doctrine is avoided by complex insurance transaction structuring to effectuate both origination and transfers of insurance by individuals without an insurable interest. This paper argues that it is time to abandon the insurable interest doctrine. As both the English and Australian experiences indicate, elimination of the insurable interest doctrine will have little detrimental pecuniary effect on the insurance industry, while freeing …


An Analysis Of South Carolina's Incentives To The Boeing Company, Amanda S. Kuker Jan 2011

An Analysis Of South Carolina's Incentives To The Boeing Company, Amanda S. Kuker

South Carolina Journal of International Law and Business

No abstract provided.


Canada And Investment Treaty Arbitration: Three Prominent Issues - Icsid Ratification, Constituent Subdivisions, And Health And Environmental Regulation, Barry Leon, Andrew Mcdougall, John Siwiec Jan 2011

Canada And Investment Treaty Arbitration: Three Prominent Issues - Icsid Ratification, Constituent Subdivisions, And Health And Environmental Regulation, Barry Leon, Andrew Mcdougall, John Siwiec

South Carolina Journal of International Law and Business

No abstract provided.


Russia's Lack Of American-Style Agency Priciples: A Primary Cause Of Corporate Governance Problems Today, C. Keith Marshall Jr. Jan 2011

Russia's Lack Of American-Style Agency Priciples: A Primary Cause Of Corporate Governance Problems Today, C. Keith Marshall Jr.

South Carolina Journal of International Law and Business

No abstract provided.


The Impending Nuclear Disaster: Flaws In The International Counter-Proliferation Regime At Sea, Raul (Pete) Pedrozo Jan 2011

The Impending Nuclear Disaster: Flaws In The International Counter-Proliferation Regime At Sea, Raul (Pete) Pedrozo

Loyola University Chicago International Law Review

No abstract provided.


The Law Of War In The War Against Terrorism, Michael A. Newton Jan 2011

The Law Of War In The War Against Terrorism, Michael A. Newton

Loyola University Chicago International Law Review

No abstract provided.


The Destruction Of Mass Weapon Distribution: The United Nations Arms Trade Treaty & The Part America Must Play, Matthew Leavitt Jan 2011

The Destruction Of Mass Weapon Distribution: The United Nations Arms Trade Treaty & The Part America Must Play, Matthew Leavitt

Loyola University Chicago International Law Review

No abstract provided.


The Somali Piracy Challenge: Operational Partnering, The Rule Of Law, And Capacity Building, Brian Wilson Jan 2011

The Somali Piracy Challenge: Operational Partnering, The Rule Of Law, And Capacity Building, Brian Wilson

Loyola University Chicago International Law Review

No abstract provided.


The Fight For Clean Technology Funds: Who Should Control The Future Of Low-Carbon Technology In The Developing World, William Gardner Jan 2011

The Fight For Clean Technology Funds: Who Should Control The Future Of Low-Carbon Technology In The Developing World, William Gardner

Indiana Journal of Global Legal Studies

As part of a multilateral climate change treaty, the parties to the United Nations Framework Convention on Climate Change (UNFCCC) have discussed establishing an international aid mechanism, or fund, to support low-carbon energy generation and energy efficiency projects in developing countries. The selection of a fund administrator has been particularly contentious. Many developed countries believe that, rather than creating a new fund, the COP should use an already established one-the World Bank's Clean Technology Fund (CTF)-and select the World Bank as fund administrator.H owever, many developing countries believe the Conference of the Parties (COP) to the UNFCCC should create a …


The Alien Tort Statute And Flomo V. Firestone Natural Rubber Company: The Key To Change In Global Child Labor Practices?, Jessica Bergman Jan 2011

The Alien Tort Statute And Flomo V. Firestone Natural Rubber Company: The Key To Change In Global Child Labor Practices?, Jessica Bergman

Indiana Journal of Global Legal Studies

The case of Flomo v. Firestone Natural Rubber Company involves child laborers' claims that labor practices on a Liberian rubber plantation violate international norms. Though the case was recently resolved in favor of the defendants at the district court level, the case's complicated procedural and substantive history offers insight into the viability of future child labor claims. This Note examines the Flomo case and explores how standards from the ATS and the United States Supreme Court case Sosa v. Alvarez-Machain apply to future plaintiffs' claims. This Note also analyzes the potential repercussions that plaintiffs face in using the ATS as …