International Law Commons^™

International Tobacco Litigation's Evolution As A United States Torts Law Export: To Canada And Beyond?, Richard L. Cupp Jr.

Pepperdine Law Review

In the late 1990’s, the states’ healthcare reimbursement lawsuits against the tobacco industry were settled for approximately $246 billion. In the wake of this enormous settlement, many similar lawsuits were initiated in other nations or by other nations. Most of these early healthcare reimbursement lawsuits failed. However, in 2005, the World Health Organization Framework Convention on Tobacco Control was finalized by over 150 nations, and today has been ratified by 168 nations. The Framework encourages nations to consider tort litigation against tobacco sellers as a way to limit tobacco usage. Canada’s provinces have been particularly aggressive in seeking to use …

Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, Roger P. Alford

Pepperdine Law Review

With the new wave of claims against corporations for human rights violations – particularly in the context of aiding and abetting government abuse – there are unusually difficult problems of joint tortfeasor liability. In many circumstances, one tortfeasor – the corporation – is a deep-pocketed defendant, easily subject to suit, but only marginally involved in the unlawful conduct. Another tortfeasor – the sovereign – is a central player in the unlawful conduct, but, with limited exceptions, is immune from suit under the Foreign Sovereign Immunities Act. A third tortfeasor – the low-level security personnel – accused of actually committing the …

Transfer Pricing: Data Dumps And Comparability — Studies From The U.S., U.K., Canada, And Australia, Richard Thompson Ainsworth, Andrew B. Shact

Faculty Scholarship

Comparability is the heart of transfer pricing. The OECD, U.K., Canadian, Australian, and U.S. transfer pricing rules all echo one another on how critically important the comparability analysis is. Performing this analysis and proving comparability, however, is a demanding exercise.

What makes proving comparability so difficult is that the analysis is two sided. Both controlled and uncontrolled transactions must be thoroughly analyzed. Just as much effort needs to be applied to determine the functions, contract terms, risks and the economic conditions for the unrelated party comparables as is spent on analyzing the related parties (taxpayers).

But there is more to …

Renewing Healthy Competition: Compulsory Licenses And Why Abuses Of The Trips Article 31 Standards Are Most Damaging To The United States Healthcare Industry, Jon Matthews

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

International Media Pirates: Are They Making The Entertainment Industry Walk The Plank?, Lavonne Burke

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

An Examination Of The Law, Or Lack Thereof, In Refugee And Displacement Camps, Kelsey Kofford

UC Law SF International Law Review

When people envision refugee and displacement camps, rarely do they conjure up images or symbols of justice. There are no courthouses, no judges, no attorney offices, and no actual law enforcement in their virtual depictions - and with good reason. In reality, there is little to no access to justice in camplife. Refugee and displacement camps are essentially lawless. This Note endeavors to answer why there is no legal infrastructure in camps by examining the rise of the camp model, the law on the books versus the law in action in camps, and some on-the-ground problems that occur and inhibit …

A Tort Statute, With Aliens And Pirates, Eugene Kontorovich

Faculty Working Papers

The pirates of the Caribbean are back. Not in another fantastical film but in the litigation over the reach of the Alien Tort Statute (ATS). For the first time since they dealt with the legal issues raised by a wave of maritime predation in the Caribbean in the early nineteenth century, Supreme Court justices are seriously discussing piracy. This crime has emerged as the test case for evaluating the major controversies about the reach of the statute -- namely, extraterritorial application and the existence of corporate liability. At oral argument in Kiobel v. Royal Dutch Shell, justices of all persuasions …

Introduction: Targeting In An Asymmetrical World, D. A. Jeremy Telman

Law Faculty Publications

This is the introduction to a collection of articles to be published in the Valparaiso University Law Review. The articles address the challenges presented by non-traditional warfare and non-traditional combatants in the contexts of the War on Terror and the trend toward multilateral and humanitarian interventions. Two of the contributions, those of Jonathan Hafetz and David Frakt, detail the hybrid model, part criminal law, part law of war, that the United States developed for addressing the status of detainees in the War on Terror. Two of the contributions, those of Rachel VanLandingham and Iain Pedden, propose international models for addressing …

Women's Legal History Symposium Introduction: Making History, Felice J. Batlan

All Faculty Scholarship

This essay introduces the Chicago-Kent Symposium on Women's Legal History: A Global Perspective. It seeks to situate the field of women's legal history and to explore what it means to begin writing a transnational women's history which transcends and at times disrupts the nation state. In doing so, it sets forth some of the fundamental premises of women's legal history and points to new ways of writing such histories.

Promises And Perils Of New Global Governance: A Case Of The G20 (With C. Kelly), Sungjoon Cho, Claire R. Kelly

All Faculty Scholarship

In the wake of the 2008 financial crisis, a new global governance structure emerged. During and subsequent to the crisis, the G20 arose as a coordinating executive among international governance institutions. It set policy agendas, prioritized initiatives and, working through the Financial Stability Board, drew other governance institutions and networks such as the International Monetary Fund, the Basel Committee on Banking Supervision, the Organization of Economic Cooperation and Development, the World Trade Organization, the International Association of Insurance Supervisors and the International Organization of Securities Commissions to set standards, monitor enforcement and compliance, and aid recovery. Its authority cross-cuts regimes …

The Internet At 20: Evolution Of A Constitution For Cyberspace, Henry H. Perritt Jr.

All Faculty Scholarship

This Article looks back over the Internet’s first twenty years, highlighting the crucial legal decisions by the executive, legislative, and judicial branches that have led to the Internet’s success, and which now frame its constitution. I participated in many of these decisions and wrote more than a dozen law review articles and reports suggesting directions for public policy and law. This Article uses this foundation to consider the future, focusing on major legal controversies, the resolution of which will define the Internet’s third decade—either strengthening or undermining its constitution.

Vertical Dimensions In The Quality Of Law, Bartram Brown

All Faculty Scholarship

No abstract provided.

Immigration And National Security Law: Converging Approaches To State Power, Individual Rights, And Judicial Review, J. Hafetz

ILSA Journal of International & Comparative Law

Since the September 11, 2001 terrorist attacks, national security law has exploded as a field of study.

Disasters And Land Use Law: The Spanish Case In The European Union Legal Framework, Julio Ponce

ILSA Journal of International & Comparative Law

Natural and man-made disasters are a major European worry, due to their increasing frequency and severity, as well as their impact on human life, destruction of economic and social infrastructures, and damage to the environment.

Is News Of "Sovereignty's Death" Exaggerated?, Itzchak Kornfeld

ILSA Journal of International & Comparative Law

Whether sovereignty is alive or dead may not be the appropriate question.

State And Local Regulation Of Immigration: The Need For A Bilateral (Reciprocal) Ratchet, David P. Weber

ILSA Journal of International & Comparative Law

The issue of federal preemption in the field of immigration has been swirling more and more strongly in academia, the courts, and even the public consciousness' ever since De Canas v. Bica was decided in 1976.

The Anti-Shari'a Movement And Oklahoma's Save Our State Amendment-Unconstitutional Discrimination Or Homeland Security?, Robert E. Michael

ILSA Journal of International & Comparative Law

Legislation by statute or state constitutional amendment prohibiting the application in state courts of an ill defined "Shariah Law" and/or "international law" has passed or is in the process in over twenty states.'

Expansive Reach-Useless Guidance: An Introduction To The U.K. Bribery Act 2010, Bruce W. Bean, Emma H. Macguidwin

ILSA Journal of International & Comparative Law

Following two decades of incessant pressure from American diplomats, in 1997, the international Organization for Economic Cooperation and Development (OECD) completed negotiation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.

The Treaty Of Lisbon And Accession Of The European Union To The European Convention On Human Rights, Elizabeth F. Defeis

ILSA Journal of International & Comparative Law

The Treaty of Lisbon, adopted in December 2009, constitutes a major step in the development of the protection of Human Rights in Europe.

Who's Missing? Women With Disabilities In U.N. Security Council Resolution 1325 National Action Plans, Stephanie Ortoleva, Esq.

ILSA Journal of International & Comparative Law

Despite progress made through a series of United Nations Security Council Resolutions (UNSCR), beginning with the groundbreaking UNSCR 1325 in 2000,' to give women a place at the table in post-conflict peace building and reconciliation, women with disabilities are missing and ignored and have not had a role in these processes.

Responsibilty To Protect (R 2p) Comes Of Age? A Sceptic's View, John F. Murphy

ILSA Journal of International & Comparative Law

As a young attorney in the Office of the Legal Adviser of the United States (U.S.) Department of State during the 1960s, I had the privilege and the pleasure of working with Don McHenry, then a young foreign service reserve officer and later U.S. Ambassador and Permanent Representative to the United Nations (U.N.).

Mr. Ban-Tear Down The U.N'S Wall Of Immunity/Impunity (Before A National Court Does)!!, Great L. Rios, Edward P. Flaherty

ILSA Journal of International & Comparative Law

Immunity has been proven to be not only a living anachronism, but one which often leads to impunity for the worst kinds of rights violations.

Moudawan And Women's Rights In Morocco: Balancing National And International Law, Leila Hanafi

ILSA Journal of International & Comparative Law

Morocco's 2004 Moudawana (family code) is undoubtedly a progressive piece of legislation for women in Morocco.

Transnational Surrpgacy And International Human Rights Law, Barbara Stark

ILSA Journal of International & Comparative Law

Surrogacy refers to the process through which a woman intentionally becomes pregnant with a baby that she does not intend to keep.

Rule Of Law In Morocco: A Journey Towards A Better Judiciary Through The Implementation Of The 2011 Constitutional Reforms, Norman L. Greene

ILSA Journal of International & Comparative Law

Judicial reform has historically been an important (but not the sole) component of rule of law reform, a decades old movement affecting the developing world, emerging (or not so emerging) democracies and post- conflict nations, and equally applicable to countries commonly identified as Western, including the United States.

Expanding The R2p Tool-Kit: New Political Possibilities And Attendant Legal Uncertainties, John Cerone

ILSA Journal of International & Comparative Law

The international community has begun to live up to its name. Dramatic legal and political developments of the past fifty years have greatly expanded the array of tools available for responding to grave human rights situations internal to members of the community, and have manifested an increased willingness to deploy those tools to further the human rights values of the community.

Nuclear Disarmament And The United Nations Disarmament Machinery, Alicia Godsberg

ILSA Journal of International & Comparative Law

The United Nations (U.N.) was formed as World War II was ending with the lofty goal of preventing the scourge of war from ever again engulfing the world in global conflict.

The Future Of International Criminal Justice: The Crucial Role Of The United States, Judge Richard Goldstone

ILSA Journal of International & Comparative Law

Eight or nine years ago the American Bar Association honored the then President of Romania, Emil Constantinescu, at a luncheon during its annual meeting in Atlanta.

Protecting The Protectors Or Victimizing The Victims Anew? "Material Support Of Terrorism" And Exclusion From Refugee Status In U.S. And European Courts, Tom Syring

ILSA Journal of International & Comparative Law

In recent years, the United States (U.S.) as well as European states have adopted numerous anti-terrorism laws based on concerns for national security, aimed at keeping persons with connections to terrorist networks out of the respective countries, or facilitating the forced return to their country of origin.

Property Of Self-Defense Targetings Of Members Of Al Qaeda And Applicable Principles Of Distinction And Proportionality, Jordan J. Paust

ILSA Journal of International & Comparative Law

The United States has engaged in the targeted killing of certain members of al Qaeda both within the theatre of an actual war in Afghanistan and parts of Pakistan, and outside the theatre of war as a matter of self-defense in areas such as Yemen, including the killing of United States national Anwar al-Awlaki in Yemen on September 30, 2011.'