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2012

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Articles 31 - 60 of 925

Full-Text Articles in International Law

The Growing Dark Side Of Cyberspace ( . . . And What To Do About It), Ronald Deibert Nov 2012

The Growing Dark Side Of Cyberspace ( . . . And What To Do About It), Ronald Deibert

Penn State Journal of Law & International Affairs (2012 - Present)

Cyberspace – the global environment of digital communications – surrounds and embodies us entirely, 24 hours a day, 7 days a week. We are always on, always connected: emailing, texting, searching, networking, and sharing are all now as commonplace as eating, breathing, and sleeping. But there is a dark side to cyberspace - hidden contests and malicious threats - that is growing like a disease from the inside-out. This disease has many symptoms, and is being reinforced by a multiplicity of disparate but mutually reinforcing causes. Some of these driving forces are unintended byproducts of the new digital universe into …

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The Rise Of Transparency And The Decline Of Secrecy In The Age Of Global And Social Media, P.J. Crowley Nov 2012

The Rise Of Transparency And The Decline Of Secrecy In The Age Of Global And Social Media, P.J. Crowley

Penn State Journal of Law & International Affairs (2012 - Present)

News reporting of a wide range of sensitive government policies, operations, and internal deliberations has raised understandable concerns that U.S. national security is being compromised. In response, there is an increase in investigations and prosecutions and proposed legislation to plug government leaks. But a broader reality may be at work. In the increasingly interconnected and transparent world of the Internet, Facebook, Twitter, satellite television, WikiLeaks, omniscient cellphones and technology-enhanced revolutions such as the Arab Awakening, governments have lost their ability to control the flow of information. More people have access to more information, with the ability to communicate anything from …

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The Balance Of Power, Public Goods, And The Lost Art Of Grand Strategy: American Policy Toward The Persian Gulf And Rising Asia In The 21st Century, Flynt Leverett, Hillary Mann Leverett Nov 2012

The Balance Of Power, Public Goods, And The Lost Art Of Grand Strategy: American Policy Toward The Persian Gulf And Rising Asia In The 21st Century, Flynt Leverett, Hillary Mann Leverett

Penn State Journal of Law & International Affairs (2012 - Present)

An important driver of relative decline in America’s international standing is the failure of its political elites to define reality-based foreign policy goals and to relate the diplomatic, economic, and military means at Washington’s disposal to realizing them—the essence of “grand strategy.” For several decades, American policy has been pulled in opposite directions by two competing models of grand strategy. In one—the leadership model—America maximizes its international standing by adroitly managing regional and global power balances and promoting the processes of economic liberalization known collectively as globalization. In the second model—the transformation model—America seeks not to manage power balances but …

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Does A Cartel Aim Expressly? Trusting Calder Personal Jurisdiction When Antitrust Goes Global, Larry Dougherty Nov 2012

Does A Cartel Aim Expressly? Trusting Calder Personal Jurisdiction When Antitrust Goes Global, Larry Dougherty

Florida Law Review

This Note suggests that while Calder jurisdiction fits well with some types of antitrust allegations, the Calder analogy weakens when charges of broad-based anticompetitive conduct collide with the long-arm statutes of particular states. The risk of forcing the analogy too far, of course, is a violation of due process. Part II of this Note reviews the facts and holding of Calder, and some of the key cases that followed it. Part III addresses the question of how the effects test might be different for antitrust complaints. Part IV reviews one type of anticompetitive conduct that seems to place particular …

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Tort Arbitrage, Robert J. Rhee Nov 2012

Tort Arbitrage, Robert J. Rhee

Florida Law Review

The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the empirical world. This Article models the interaction of settlement dynamics and the economic theory of negligence. It shows that tort claims are systematically devalued during settlement relative to the legal standard. Central to this thesis is a proper conception and accounting of cost. Cost is typically viewed as the transaction cost of litigation processing. Cost, however, encompasses more than this. Each dispute has a cost of resolution, defined as the discounting effect of risk on legal valuation. A spread between the …

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Climate Change And International Trade: Conflict Or Opportunity?, Joshua Meltzer Nov 2012

Climate Change And International Trade: Conflict Or Opportunity?, Joshua Meltzer

Brookings Scholar Lecture Series

How can international trade negotiations provide incentives or limit progress on domestic and international climate change policy? This presentation will explore how trade negotiations can reduce trade barriers to low carbon produced goods, the implications of the World Trade Organization (WTO) and free trade agreements, and how pricing carbon to reduce greenhouse gas emissions can lead to international competitiveness and carbon leakage concerns. This presentation will consider the implications of the November 6th election on short and long-term climate policy initiatives.

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“Beyond The Scope Of Ordinary Training And Knowledge”: The Argument For Droit Moral, U.S. Research Science Intellectual Property Moral Rights, Joan Elise Jackson Nov 2012

“Beyond The Scope Of Ordinary Training And Knowledge”: The Argument For Droit Moral, U.S. Research Science Intellectual Property Moral Rights, Joan Elise Jackson

Pace Law Review

No abstract provided.

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Regulatory Conflicts: International Tender And Exchange Offers In The 1990s, John C. Maguire Nov 2012

Regulatory Conflicts: International Tender And Exchange Offers In The 1990s, John C. Maguire

Pepperdine Law Review

No abstract provided.

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The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives, G. Nelson Smith Iii Nov 2012

The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives, G. Nelson Smith Iii

Pepperdine Law Review

No abstract provided.

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United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon Nov 2012

United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon

Pepperdine Law Review

No abstract provided.

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Prospects For Satisfactory Dispute Resolution Of Private Commercial Disputes Under The North American Free Trade Agreement, Jonathan I. Miller Nov 2012

Prospects For Satisfactory Dispute Resolution Of Private Commercial Disputes Under The North American Free Trade Agreement, Jonathan I. Miller

Pepperdine Law Review

No abstract provided.

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Subsidiarity In The Tradition Of Catholic Social Doctrine, Patrick Mckinley Brennan Nov 2012

Subsidiarity In The Tradition Of Catholic Social Doctrine, Patrick Mckinley Brennan

Working Paper Series

This chapter is an invited contribution to the first English-language comparative study of subsidiarity, M. Evans and A. Zimmerman (eds.), Subsidiarity in Comparative Perspective (forthcoming Springer, 2013). The concept of subsidiarity does work in many and varied legal contexts today, but the concept originated in Catholic social doctrine. The Catholic understanding of subsidiarity (or subsidiary function) is the subject of this chapter. Subsidiarity is often described as a norm calling for the devolution of power or for performing social functions at the lowest possible level. In Catholic social doctrine, it is neither. Subsidiarity is the fixed and immovable ontological principle …

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Cyberterrorism In The Context Of Contemporary International Law, Yaroslav Shiryaev Nov 2012

Cyberterrorism In The Context Of Contemporary International Law, Yaroslav Shiryaev

San Diego International Law Journal

The present Article addressed the legal issues surrounding cyberterrorism. In the first chapter, the author explains why cyberterrorism should be described as “the use of electronic networks taking the form of a cyber-attack to commit a) a substantive act criminalized by the existing legal instruments prohibiting terrorism, or b) an act of terrorism under international customary law.” Further, with a special emphasis on existing anti-terrorism conventions and customary international law, it was demonstrated which actors are likely to engage in acts of cyberterrorism (non-state actors, corporations and individuals), as well as which targets are protected by law and which aims …

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"There's No Place Like Home" Doma Deportation: The Forced Expatriation Of Bi-National Same-Sex Couples From The United States To Canada, Anh "Annie" Nguyen Nov 2012

"There's No Place Like Home" Doma Deportation: The Forced Expatriation Of Bi-National Same-Sex Couples From The United States To Canada, Anh "Annie" Nguyen

San Diego International Law Journal

This comment will focus on bi-national same-sex couples who are forced to expatriate from the united states to canada because of DOMA’s detrimental effects on their relationship. more specifically, part I focuses on DOMA’s constitutionality, effects on bi-national same-sex couples, and current legal challenges. Part II provides a historical analysis of the united states’ attitude towards same-sex unions before describing current legislation regarding same-sex couples. Part III describes canada’s recognition of same-sex marriage and support of immigration equality, comparing and contrasting the canadian approach with the united states’ approach. Part IV explains the current legal and financial issues that bi-national …

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Water Rights Management In New Mexico And Along The Middle Rio Grande: Is Awrm Sufficient?, Carol Romero-Wirth, Susan Kelly Nov 2012

Water Rights Management In New Mexico And Along The Middle Rio Grande: Is Awrm Sufficient?, Carol Romero-Wirth, Susan Kelly

Publications

No abstract provided.

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The 2012 Us Model Bit And What The Changes (Or Lack Thereof) Suggest About Future Investment Treaties, Lise Johnson Nov 2012

The 2012 Us Model Bit And What The Changes (Or Lack Thereof) Suggest About Future Investment Treaties, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In April of this year the US State Department released a new version of its model bilateral investment treaty (BIT). This text, like the various models the US has used over roughly the past 3 decades, represents the US’s basic policy position when it starts negotiations on investment treaties with other countries, and is therefore an important benchmark for the outcome US investors might hope for as a result of ongoing and potential future talks with countries such as China, Russia, and India. Overall, this new model text follows the approach taken by the US in its investment treaties over …

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Foreword, Kyle M. Bird Nov 2012

Foreword, Kyle M. Bird

San Diego International Law Journal

This Fourteenth Volume of the San Diego International Law Journal is composed of articles that demonstrate the importance of historical and contemporary expositions of international law. The topics range from international criminal law, territorial agreements between the United States and Mexico, international banking standards, and the legal consequences of the Defense of Marriage Act for bi- national same-sex couples in the United States and Canada. 2012 saw the further change of the world through elections, wars, and economic problems. The articles presented in this First Issue address these economic, political, and social changes of our time.

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The 2012 U.S.-Mexico Agreement On Transboundary Hydrocarbon Reservoirs In The Gulf Of Mexico: A Blueprint For Progress Or A Recipe For Conflict?, Jorge A. Vargas Nov 2012

The 2012 U.S.-Mexico Agreement On Transboundary Hydrocarbon Reservoirs In The Gulf Of Mexico: A Blueprint For Progress Or A Recipe For Conflict?, Jorge A. Vargas

San Diego International Law Journal

This Article is divided into four parts. Parts I and II describe each of the four previous U.S.-Mexico maritime delimitation treaties of 1970, 1976, 1978, and 2000. These treaties represent different degrees of progress in the process of completing the maritime boundaries that geographical contiguity imposes upon these contiguous countries. This was a slow and careful process that spanned almost half a century. Part III analyzes the 2012 U.S.-Mexico Agreement on Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico from an international law perspective, with special reference to the interests of the United States and Mexico. Finally, Part IV advances …

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The Judicialization Of International Atrocity Crimes: The Kharkov Trial Of 1943, Michael J. Bazyler, Kellyanne Rose Gold Nov 2012

The Judicialization Of International Atrocity Crimes: The Kharkov Trial Of 1943, Michael J. Bazyler, Kellyanne Rose Gold

San Diego International Law Journal

This Article analyzes the Kharkov trial, the first trial of Nazi war criminals undertaken by any Allied Power, as well as the first trial of the Holocaust. It is written on the occasion of the 70th anniversary of the Kharkov trial. Part II, as background, describes the Holocaust as experienced in Kharkov, Ukraine. Part III discusses the trial that took place in Kharkov: the defendants, the prosecution, the setting, and the testimony. Part IV looks at the Kharkov trial as a typical Stalinist “show trial,” where guilt has been predetermined and a trial is used merely as a show to …

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Basel Iii And Credit Risk Measurement: Variations Among G20 Countries, Matt Schlickenmaier Nov 2012

Basel Iii And Credit Risk Measurement: Variations Among G20 Countries, Matt Schlickenmaier

San Diego International Law Journal

Most countries require banks to hold extra capital to protect against unforeseen financial calamities; banks with riskier loans must hold more capital than those with safer loans. Basel II, a set of international banking standards, allows banks to measure a loan’s risk in different ways: some banks make their own judgments; others use outside agencies. The recent mortgage crisis prompted banks to reevaluate these methods, in part due to banks having failed to perceive the high level of risk inherent in securitized mortgages. The international community’s response was Basel III, an updated version of its previous standards. This Comment will …

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Can Timor-Leste Rely On Its Endowments To Achieve The Strategic Development Plan Targets?, Nicolas Maennling Nov 2012

Can Timor-Leste Rely On Its Endowments To Achieve The Strategic Development Plan Targets?, Nicolas Maennling

Columbia Center on Sustainable Investment Staff Publications

The Government of Timor-Leste invited the Earth Institute and CCSI to advise on the sustainable management and use of oil resources, in order to achieve higher living standards and sustainable development. One component of the project included the preparation of a sector study that assesses whether the Government can rely on agriculture, tourism and the petrochemical sectors to achieve its long term GDP growth and employment targets.

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67. International Investment Arbitration: Winning, Losing And Why, Susan Franck, Karl P. Sauvant, Jennifer Reimer, Todd Allee, Ilan Alon, Alice H. Amsden, Tadahiro Asami, Reuven S. Avi-Yonah, Paul Barbour, Christian Bellak, Axel Berger, Sjoerd Beugelsdijk, Subrata Bhattacharjee, Harry G. Broadman, Elizabeth Broomfield, Gert Bruche, Matthias Busse, John A. Cantwell, Aleh Cherp, Lorenzo Cotula, Nandita Dasgupta, Kenneth Davies, Alexandre De Gramont, Armand Claude De Mestral, Kabir Duggal, Persephone Economou, John Evans, David N. Fagan, Mark Feldman, Hermann Ferré, Daniel M. Firger, Veljko Fotak, Kevin P. Gallagher, Nilgun Gokgur, Kathryn Gordon, Jose Guimon, Thilo Hanemann, Torfinn Harding, Jean-François Hennart, Seev Hirsch, Wing (Xiaoying) Huo, Beata Smarzynska Javorcik, Nathan M. Jensen, Lise Johnson, Thomas Jost, George Kahale Iii, Kalman Kalotay, Laza Kekic, John M. Kline, Charles Kovacs, Jürgen Kurtz, Jo En Low, Miguel PéRez LudeñA, Edmund J. Malesky, Geraldine Mcallister, William L. Megginson, Sophie Meunier, Michael Mortimore, Joel Moser, Michael D. Nolan, Peter Nunnenkamp, Terutomo Ozawa, Clint Peinhardt, Nicolás M. Perrone, Luke Eric Peterson, Mark Plotkin, Joachim Pohl, Lauge N. Skovgaard Poulsen, Carlos Razo, Daniel Rosen, Martin Roy, Giorgio Sacerdoti, Premila Nazareth Satyanand, Manfred Schekulin, Stephan W. Schill, Francisco Colman Sercovich, Arjen Hl Slangen, Roger Smeets, Hans Smit, M. Sornarajah, Frederic G. Sourgens, Jonathan Strauss, Kenneth P. Thomas, Margo Thomas, Perrine Toledano, Julien Topal, Anne Van Aaken, Gus Van Harten, Daniel Villar, Sandy Walker, Mira Wilkins, Jason W. Yackee, Chen Zhao Nov 2012

67. International Investment Arbitration: Winning, Losing And Why, Susan Franck, Karl P. Sauvant, Jennifer Reimer, Todd Allee, Ilan Alon, Alice H. Amsden, Tadahiro Asami, Reuven S. Avi-Yonah, Paul Barbour, Christian Bellak, Axel Berger, Sjoerd Beugelsdijk, Subrata Bhattacharjee, Harry G. Broadman, Elizabeth Broomfield, Gert Bruche, Matthias Busse, John A. Cantwell, Aleh Cherp, Lorenzo Cotula, Nandita Dasgupta, Kenneth Davies, Alexandre De Gramont, Armand Claude De Mestral, Kabir Duggal, Persephone Economou, John Evans, David N. Fagan, Mark Feldman, Hermann Ferré, Daniel M. Firger, Veljko Fotak, Kevin P. Gallagher, Nilgun Gokgur, Kathryn Gordon, Jose Guimon, Thilo Hanemann, Torfinn Harding, Jean-François Hennart, Seev Hirsch, Wing (Xiaoying) Huo, Beata Smarzynska Javorcik, Nathan M. Jensen, Lise Johnson, Thomas Jost, George Kahale Iii, Kalman Kalotay, Laza Kekic, John M. Kline, Charles Kovacs, Jürgen Kurtz, Jo En Low, Miguel PéRez LudeñA, Edmund J. Malesky, Geraldine Mcallister, William L. Megginson, Sophie Meunier, Michael Mortimore, Joel Moser, Michael D. Nolan, Peter Nunnenkamp, Terutomo Ozawa, Clint Peinhardt, Nicolás M. Perrone, Luke Eric Peterson, Mark Plotkin, Joachim Pohl, Lauge N. Skovgaard Poulsen, Carlos Razo, Daniel Rosen, Martin Roy, Giorgio Sacerdoti, Premila Nazareth Satyanand, Manfred Schekulin, Stephan W. Schill, Francisco Colman Sercovich, Arjen Hl Slangen, Roger Smeets, Hans Smit, M. Sornarajah, Frederic G. Sourgens, Jonathan Strauss, Kenneth P. Thomas, Margo Thomas, Perrine Toledano, Julien Topal, Anne Van Aaken, Gus Van Harten, Daniel Villar, Sandy Walker, Mira Wilkins, Jason W. Yackee, Chen Zhao

Contributions to Books

This second edition of this publication provides an overview of important contemporary issues relating to foreign direct investment (FDI) and multinational enterprises for all those who are interested in this subject, but are not always in a position to follow diverse perspectives and what is being written in the various corners of this field. The contributions are grouped under the following headings: attracting FDI and its impact; the rise of emerging market investors; national policies; sustainable international investment; and international investment treaties and arbitration. The volume brings together all Perspectives published since the inception of this series until 2012.

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International Activity And Domestic Law, Adam I. Muchmore Nov 2012

International Activity And Domestic Law, Adam I. Muchmore

Faculty Scholarship

This invited essay explores the ways States use their domestic laws to regulate activities that cross national borders. Domestic-law enforcement decisions play an underappreciated role in the development of international regulatory policy, particularly in situations where the enforcing State's power to apply its law extraterritorially is not contested. Collective action problems suggest there will be an undersupply of enforcement decisions that promote global welfare and an oversupply of enforcement decisions that promote national welfare. These collective action problems may be mitigated in part by government networks and other forms of regulatory cooperation.

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International Law In Domestic Courts And The Jurisdictional Immunities Of The State Case, Ingrid Wuerth Nov 2012

International Law In Domestic Courts And The Jurisdictional Immunities Of The State Case, Ingrid Wuerth

Vanderbilt Law School Faculty Publications

National court litigation in Greece and Italy prompted Germany to bring suit before the international Court of Justice (‘ICJ’), resulting in the Jurisdictional Immunities of the State judgment. The history of that litigation, as well as the ICJ’s judgment itself, raise two questions about the relationship between executive branches and courts. First, if national court decisions conflict with the views of the forum state’s executive branch, which controls for the purpose of determining state practice in customary international law? Secondly, are national courts more likely to produce ‘outlier’ decisions that challenge or undermine existing international law when the forum state’s …

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The Tax Expenditure Budget Is A Zombie Accountant, Steven A. Dean Nov 2012

The Tax Expenditure Budget Is A Zombie Accountant, Steven A. Dean

Faculty Scholarship

Like a student blocking his access to the internet to help him study, governments across the globe rely on commitment devices to generate fiscal discipline. From the collapse of the Congressional Supercommittee in the United States to the near-cataclysmic failure of a mechanism designed to prevent the European Union debt crisis, the evidence suggests that faith in such commitment devices is misplaced. This Article focuses on one such device that stubbornly refuses to stay dead: the tax expenditure budget. Created to guard against abuse by publicizing the costs of tax subsidies then resurrected as a bean counter, the tax expenditure …

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Towards A Communicative Theory Of International Law, Timothy L. Meyer Nov 2012

Towards A Communicative Theory Of International Law, Timothy L. Meyer

Scholarly Works

Does international law's effectiveness require a clear distinction between law and non-law? This essay, which reviews Jean d'Aspremont's Formalism and the Sources of International Law, argues the answer is no. Ambiguity about the legal nature of international instruments has important benefits. Clarity in the law may encourage states to do the minimum necessary to comply, while some uncertainty about what the law requires may induce states to take extra efforts to ensure they are in compliance. Ambiguity in the law also promotes dynamic change, an important feature in rapidly developing areas of the law such as international environmental law and …

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Bringing A Complaint Under The Nafta Environmental Side Accord: Difficult Steps Under A Procedural Paper Tiger, But Movement In The Right Direction, Michael J. Kelly Oct 2012

Bringing A Complaint Under The Nafta Environmental Side Accord: Difficult Steps Under A Procedural Paper Tiger, But Movement In The Right Direction, Michael J. Kelly

Pepperdine Law Review

No abstract provided.

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Human “Wrongs”?: The U.S. Takes An Unpopular Stance In Opposing A Strong International Criminal Court, Gaining Unlikely Allies In The Process, Tomas A. Kuehn Oct 2012

Human “Wrongs”?: The U.S. Takes An Unpopular Stance In Opposing A Strong International Criminal Court, Gaining Unlikely Allies In The Process, Tomas A. Kuehn

Pepperdine Law Review

No abstract provided.

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Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu Oct 2012

Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu

Pepperdine Law Review

No abstract provided.

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Real-Time Collection Of The Value-Added Tax: Some Business And Legal Implications, Richard Thompson Ainsworth, Boryana Madzharova Oct 2012

Real-Time Collection Of The Value-Added Tax: Some Business And Legal Implications, Richard Thompson Ainsworth, Boryana Madzharova

Faculty Scholarship

Recent estimates of the level of VAT fraud in the EU are commensurate with the EU budget. With the Green paper on the future of VAT, the European Commission stressed the urgency and necessity of comprehensive VAT reforms. This paper analyses the business and legal implications of the recently proposed split-payment mechanism, which, if implemented, would move VAT’s method of collection to real-time. The discussion is positioned in the context of two increasingly visible trends in the EU – the general shift towards greater reliance on indirect taxation and the growing popularity of electronic payment instruments. The potential implementation of …

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