International Law Commons^™

Strengthening The Link In Linkage: Defining "Development Needs" In Wto Law, Suyash Paliwal

American University International Law Review

No abstract provided.

International Law Bares Its Teeth: How States And International Organizations Enforce Customary Norms And Treaty Obligations: Introduction, Justin T. Carlson

American University International Law Review

No abstract provided.

The Rule Of Law In Outer Space: The Effects Of Treaties And Nonbinding Agreements On International Space Law, Brian Wessel

UC Law SF International Law Review

Since the 1980s, states have increasingly relied on nonbinding agreements over binding treaties to govern activities in outer space. Although this trend has produced considerable debate among both scholars and practitioners, it appears likely to continue in the near future. Recently, commentators have begun using the concept of the rule of law to criticize this reliance on nonbinding space agreements, but these commentators rarely discuss what is meant by "the rule of law." This Article examines several theories of rule of law and applies those theories in evaluating recent criticisms of current and proposed nonbinding space agreements. Through the lens …

Licensing And Access Problems Producers Of Video Games Face In Foreign Markets: A Case Study, Jason Ross

UC Law SF International Law Review

Nearly a decade ago an American online video game called Everquest swept the world markets and generated enormous profits. Since then a genre of video games known as Massively Multiplayer Online Role Playing Games has developed. Capitalizing on the genre's huge success, Blizzard Entertainment's World of Warcraft (WoW) has catapulted gaming to new heights earning over USD $1 billion annually. While the game is sold globally, Chinese players account for nearly half of WoWs player base. Keeping this enormous market has, however, been challenging and for nearly two years Blizzard lost its market access in China.

Using Chinese WoW as …

Where Does The Dirham Stop In A Sukuk Default, Irina Marinescu

UC Law SF International Law Review

Socioeconomic unrest across Shari'ah (Islamic law) - abiding jurisdictions comes at a time of expanding Islamic financial markets. This Note focuses on one prominent financial instrument fueling growth in the Islamic finance landscape: sukuk. This Note explores legal uncertainties around sukuk default mechanisms and their implications for creditors and the world at large. In so doing, this Note argues that holders of sukuk, which are participatory certificates evidencing Shari'ah-compliant interests, stand to lose their capital depending on whether they have true recourse to the underlying assets. Part II frames the discussion by briefly introducing the reader to Islamic finance and …

Open Oceans And Marine Debris: Solutions For The Ineffective Enforcement Of Marpol Annex V, Andrew Rakestraw

UC Law SF International Law Review

Located midway between Hawaii and California, the Great Pacific Garbage Patch is a vast soup of plastic and other garbage from land- and ship-based sources. Plastics are the primary component of this mass and wreck havoc on marine animal populations and present a serious threat to human health.

Regulating this debris dumped from cargo ships at an international level presents numerous challenges. The immensity of the ocean and the lack of state jurisdiction beyond 200 miles off the coast make effective enforcement of plastics dumping regulations very challenging. The current regulatory system essentially leaves compliance with international standards up to …

Disputing Arbitration Clauses In International Insurance Agreements: Problems With The Self-Execution Framework, Michael J. Ritter

Pace International Law Review Online Companion

This Article argues that the self-execution framework that courts have adopted—and scholars have endorsed—in addressing whether McCarran-Ferguson enables states to reverse preempt the New York Convention is inadequate. First, the Article addresses the interpretive question: what is an “Act of Congress” under McCarran-Ferguson? By examining whether a treaty is self or non-self-executing, courts discard proper methods of statutory interpretation. Second, the Article argues that courts have failed to satisfactorily transpose the self-execution doctrine—which has been relevant only in determining whether a treaty confers a legally enforceable right in the U.S.—into the context of the conflict between McCarran-Ferguson and the New …

Measuring Human Rights: A Review Essay, David L. Richards

Human Rights & Human Welfare

A review of:

Measuring Human Rights. By Todd Landman & Edzia Carvalho. New York, NY: Routledge, 2010. 163pp.

Brazil’S Upcoming “Mega-Events” Human Rights Legacy, Thomas Pegram

Human Rights & Human Welfare

Preparations for the 2014 World Cup and 2016 Olympic Games are well underway in Brazil, with local government officials in Rio de Janeiro trumpeting the “major success” of initiatives intended to address notoriously high levels of violent crime.

In an attempt to head off widespread concerns, which preceded South Africa’s hosting of the 2010 World Cup, the apparent success of initiatives such as the Police Pacification Units (PPUs) cracking down on insecurity in Rio’s shantytowns (many, such as Rocinha, close to popular tourist areas and venues for Olympic events) has been loudly hailed by local politicians and duly reported by …

Africa And The International Criminal Court, Charles C. Jalloh

Articles

No abstract provided.

Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman

University of Baltimore Law Review

No abstract provided.

Comments: The Scarlett Letter "T": The Tier Iii Terrorist Classification's Inconsistent And Ineffectual Effects On Asylum Relief For Members And Supporters Of Pro-Democratic Groups, Daniella Pozzo Darnell

University of Baltimore Law Review

No abstract provided.

Law – Made In Germany: Global Standort Or Global Standard?, James Maxeiner

All Faculty Scholarship

Earlier this year the Federal Ministry of Justice released the second edition of the brochure, Law - Made in Germany. For those readers who do not know the brochure, it is the product of an umbrella group of German professional organizations known as the Bündnis für das deutsche Recht. A purpose of the Bündnis, as stated at its founding in 2008, and of the brochure, is to improve the position of German law in the ― "international competition of legal systems" (internationalen Wettbewerb der Rechtsordnungen). Catalyst for founding of the Bündnis and for publication of Law - Made in Germany …

Transplanting The European Court Of Justice: The Experience Of The Andean Tribunal Of Justice, Laurence R. Helfer, Karen J. Alter, Osvaldo Saldias

Faculty Scholarship

Although there is an extensive literature on domestic legal transplants, far less is known about the transplantation of supranational judicial bodies. The Andean Tribunal of Justice (ATJ) is one of eleven copies of the European Court of Justice (ECJ), and the third most active international court. This article considers the origins and evolution of the ATJ as a transplanted judicial institution. It first reviews the literatures on legal transplants, neofunctionalist theory, and the spread of European ideas and institutions, explaining how the intersection of these literatures informs the study of supranational judicial transplants. The article next explains why the Andean …

Treaty Signature, Curtis A. Bradley

Faculty Scholarship

This chapter is a contribution to The Oxford Guide to Treaties (Duncan Hollis, ed., Oxford University Press, forthcoming 2012). Under international law, in order for a State to become a party to a treaty, it must express its consent to be bound by the treaty. Such consent can be expressed in a variety of ways, including through signature of the treaty by a proper representative of the State. Under modern treaty practice, however, States often express their consent to be bound by a separate act of ratification that is carried out after signature. When a treaty is subject to discretionary …

Making A Voluntary Greek Debt Exchange Work, Mitu Gulati, Jeromin Zettelmeyer

Faculty Scholarship

Within the next couple of months, the Greek government, is supposed to persuade private creditors holding about EUR 200bn in its bonds to voluntarily exchange their existing bonds for new bonds that pay roughly 50 percent less. This may work with large creditors whose failure to participate in a debt exchange could trigger a Greek default, but may not persuade smaller creditors, who will be told that their claims will continue to be fully serviced if they do not participate in the exchange. This paper proposes an approach to dealing with this free rider problem that exploits the fact that …

Jurisdiction And Choice Of Law In International Antitrust Law - A Us Perspective, Ralf Michaels, Hannah L. Buxbaum

Faculty Scholarship

No abstract provided.

The Organization For Economic Cooperation And Development’S Role In International Law, James Salzman

Faculty Scholarship

The Organization for Economic Cooperation and Development (OECD) has played, and continues to play, an important and largely unrecognized role as a lawmaking body. The OECD occupies a unique space in the international lawmaking field, in large part because it was not established with lawmaking as a priority. In a small number of cases, however, it has played a significant role in crafting the emerging architecture of global governance. Case studies of the hazardous waste trade, the Bribery Convention, and the OECD Guidelines for Multinational Enterprises are presented to demonstrate a clear pattern. A topic of major concern arises on …

Attorney General Bradford’S Opinion And The Alien Tort Statute, Curtis A. Bradley

Faculty Scholarship

In debates over the scope of the Alien Tort Statute (ATS), one historical document has played an especially prominent role. This document is a short opinion by U.S. Attorney General William Bradford, issued in the summer of 1795, concerning the involvement of U.S. citizens in an attack by a French fleet on a British colony in Sierra Leone. Numerous academic articles, judicial opinions, and litigation briefs have invoked the Bradford opinion, for a variety of propositions, and the opinion was discussed by both sides in the oral argument before the Supreme Court in the first hearing in the pending ATS …

Terminating Treaties, Laurence R. Helfer

Faculty Scholarship

No abstract provided.

Qui Tam: Is False Claims Law A Model For International Law?, Paul D. Carrington

Faculty Scholarship

No abstract provided.

The Evolution Of Contractual Terms In Sovereign Bonds, Stephen J. Choi, Mitu Gulati, Eric A. Posner

Faculty Scholarship

In reaction to defaults on sovereign debt contracts, issuers and creditors have strengthened the terms in sovereign debt contracts that enable creditors to enforce their debts judicially and that enable sovereigns to restructure their debts. These apparently contradictory approaches reflect attempts to solve an incomplete contracting problem in which debtors need to be forced to repay debts in good states of the world; debtors need to be granted partial relief from debt payments in bad states; debtors may attempt to exploit divisions among creditors in order to opportunistically reduce their debt burden; debtors may engage in excessively risky activities using …

Legal Memorandum On Reintegration Of Former Pirates, Pilpg

War Crimes Memoranda

No abstract provided.

Piracy And International Humanitarian Law, Matthew Langton

War Crimes Memoranda

advised/reviewed by Laurie Blank

Refugees And Asylum, James C. Hathaway

Book Chapters

During the late nineteenth and early twentieth centuries, European governments enacted a series of immigration laws under which international migration was constrained in order to maximise advantage for States. These new, largely selfinterested laws clashed with the enormity of a series of major population displacements within Europe, including the flight of more than a million Russians between 1917 and 1922, and the exodus during the early 1920s of hundreds of thousands of Armenians from Turkey. The social crisis brought on by the de facto immigration of so many refugees - present without authorisation in countries where they enjoyed no protection …

Title Page, Title Page

Canada-United States Law Journal

No abstract provided.

2012 Niagara Problem And Bench Memo

Canada-United States Law Journal

No abstract provided.

Memorial Of The Respondent, Paul Allen, Kathleen D. Pitts

Canada-United States Law Journal

No abstract provided.

Towards Sustainable Consumption And Production In North America: Building Legitimacy Through Roles And Responsibilities In A Beyond Compliance Operating Environment, Stefanie Bowles

Canada-United States Law Journal

No abstract provided.

Chapter 11 Of Nafta And The Provinces - Will The Constitutional Question Be Asked, Rajeeve Thakur

Canada-United States Law Journal

No abstract provided.