International Law Commons^™

Border Skirmishes: The Intersection Between Litigation And International Commercial Arbitration, S. I. Strong

Faculty Articles

National courts are becoming increas­ingly involved with international commercial arbitration. Although this observa­tion may be disheartening to those who support the autonomy of the international arbitral regime, the continued interaction between courts and tribunals is less troubling to those who view international commercial arbitration as a "hybrid" method of dispute resolution, with numerous opportunities for permissible "border crossings. "

That is not to say that courts can or should become involved with every as­pect of arbitration. Instead, impermissible "border incursions" diminish the effec­tiveness of international commercial arbitration and could erode public or private support for the international arbitral regime. Therefore, …

Navigating The Borders Between International Commercial Arbitration And U.S. Federal Courts: A Jurisprudential Gps, S. I. Strong

Faculty Articles

Thus, this Article aims to provide newcomers to and infrequent users of international commercial arbitration with a brief introduction to the relationship between international arbitral proceedings and U.S. federal courts. Limitations of space mean that a great deal has necessarily been left out of this discussion. For example, this Article does not describe processes internal to the arbitration, in­stead focusing solely on the interaction between tribunal, parties and court. Fur­thermore, the text often skips over basic propositions of U.S. law that are well­-established in the domestic realm so as to concentrate more heavily on elements that are unique to international …

Table Of Contents - Issue 1

South Carolina Journal of International Law and Business

No abstract provided.

The Rule Of Law: A Help Or Hindrance To International Business, The Honourable Mr. Justice M. Burton

South Carolina Journal of International Law and Business

No abstract provided.

China And Human Rights In International Trade, Daniel Chow

South Carolina Journal of International Law and Business

No abstract provided.

Human Trafficking, The Rule Of Law, And Corporate Social Responsibility, Anna W. Shavers

South Carolina Journal of International Law and Business

No abstract provided.

Intellectual Property Rights And Renewable Energy Technology Transfer In China, Kiel Downey

South Carolina Journal of International Law and Business

No abstract provided.

Ethics In International Arbitration: Traps For The Unwary, Margaret L. Moses

Faculty Publications & Other Works

No abstract provided.

Curtailing Ecosystem Exportation: Ecosystem Services As A Basis To Reconsider The Merits Of Export-Driven Agriculture In Economies Highly Dependent On Agricultural Exports, James T. Gathii, Keith H. Hirokawa

Faculty Publications & Other Works

ABSTRACT Functioning ecosystems play a critical role in providing goods and services needed to sustain human life.' Water provision and filtration, biodiversity, nutrient cycling, climate regulation, and carbon sequestration are all examples of services ecosystems provide that no society could survive without.2 Yet ecosystem services have historically been taken for granted, depleted by intention or ignorance, and replaced with inadequate substitutes.' Recent research on ecosystem services has exposed the shockingly high local, regional, and global costs of losing these essential services.'

Private Equity Investment In The Brics, Andreas Woeller

Fordham Journal of Corporate & Financial Law

This Article investigates the legal and economic environment for private equity investments in Brazil, Russia, India and China (“BRIC”). In contrast with disappointing returns in the 1990s, private equity investment has soared in developing countries over the past decade. To explain what has led to the recent success of private equity in the BRICs, this Article will first give an overview of the challenges faced generally when investing in portfolio companies in developing markets and then analyze the legal and economic framework for each of the four BRICs. This Article finds that Brazil and China offer the best opportunities for …

Libya: A Multilateral Constitutional Moment?, Catherine Powell

Faculty Scholarship

The Libya intervention of 2011 marked the first time that the UN Security Council invoked the “responsibility to protect” principle (RtoP) to authorize use of force by UN member states. In this comment the author argues that the Security Council’s invocation of RtoP in the midst of the Libyan crisis significantly deepens the broader, ongoing transformation in the international law system’s approach to sovereignty and civilian protection. This transformation away from the traditional Westphalian notion of sovereignty has been unfolding for decades, but the Libyan case represents a further normative shift from sovereignty as a right to sovereignty as a …

Defending America Against Chinese Cyber Espionage Through The Use Of Active Defenses, Alexander Melnitzky

Cardozo Journal of International and Comparative Law

The note argues that cyber espionage, particularly by China, poses a significant threat to U.S. national security and should be treated as a national security issue rather than solely a criminal matter. It advocates for the use of active defenses as a legal and justified response, asserting that such measures align with international law and the principles of jus ad bellum and jus in bello.

Katyn: Justice Delayed Or Justice Denied? Report Of The Cleveland Experts' Meeting, Michael P. Scharf, Maria Szonert-Binienda

Faculty Publications

Report of the Frederick K. Cox International Law Center and the Libra Institute, Inc. hosted a Symposium and Experts Meeting in commemoration of the 70th anniversary of the Katyn massacre, Cleveland, OH, February 4-5, 2011

The Un "Surrogate State" And The Foundation Of Refugee Policy In The Middle East, Michael Kagan

Scholarly Works

Many challenges surrounding refugee protection relate to a de facto shift of responsibility from sovereign governments to the UN Refugee Agency (UNHCR) to directly administer refugee policy. This phenomenon is legally anomalous, and it is UNHCR policy to avoid the operation of such "parallel structures." Yet the existence of a UN "surrogate state" offers important advantages to some host governments, which makes state-to- UNHCR responsibility shift difficult to reverse. Using the Arab Middle East as a case study, this article argues that, while not ideal, UNHCR's state substitution role offers important symbolic and material benefits to governments that host refugees …

The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation, Marketa Trimble

Scholarly Works

Although the Internet is valued by many of its supporters particularly because it both defies and defeats physical borders, these important attributes are now being exposed to attempts by both governments and private entities to impose territorial limits through blocking or permitting access to content by Internet users based on their geographical location—a territorial partitioning of the Internet. One of these attempts, for example, is the recent Stop Online Piracy Act (“SOPA”) proposal in the United States. This article, as opposed to earlier literature on the topic discussing the possible virtues and methods of erecting borders in cyberspace, focuses on …

Gat, Solvay, And The Centralization Of Patent Litigation In Europe, Marketa Trimble

Scholarly Works

No abstract provided.

Localism And Involuntary Annexation: Reconsidering Approaches To New Regionalism, Christopher J. Tyson

Journal Articles

No abstract provided.

Crumbs From The Table: The Syrophoenician Woman And International Law, Mark A. Chinen

Faculty Articles

The article presents information on the Syrophoenician woman with respect to the international law and the international response to global crisis like climatic change. The views of scholars like Bhalakrishna Rajagopal, Amartya Sen and David Boucher are presented on the issue of modern challenges that pose a threat to international justice and international law. Information on the Syrophoenician woman is presented with reference to a passage in the Gospel of Mark.

The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez

Faculty Articles

The global food system is exceeding ecological limits while failing to meet the nutritional needs of a large segment of the world’s population. While law could play an important role in facilitating the transition to a more just and ecologically sustainable food system, the current legal framework fails to regulate food and agriculture in an integrated manner. The international legal framework governing food and agriculture is fragmented into three self-contained regimes that have historically operated in isolation from one another: international human rights law, international environmental law, and international trade law. International trade law has taken precedence over human rights …

Microinvestment Disputes, Perry Bechky

Faculty Articles

Salini v. Morocco sparked one of the liveliest controversies in the dynamic field of international investment disputes. Salini held that the word “investment” in the Convention establishing the International Centre for Settlement of Investment Disputes (ICSID), although undefined, has an objective meaning that limits the ability of member states to submit disputes to ICSID arbitration. The Salini debate is central to this field because it shapes the nature, purpose, and volume of ICSID arbitration—and also determines who gets to decide those matters. In particular, Salini’s decision to include “a contribution to development” as an element of its objective definition of …

Love It Or Hate It, But For The Right Reasons: Pragmatism And The New Haven School's International Law Of Human Dignity, Hengameh Saberi

Articles & Book Chapters

This Article presents a novel understanding of pragmatism in the New Haven School of international law. The New Haven Jurisprudence is wrapped in layers of mystification and the scant accounts of its pragmatism in the literature are either entirely mistaken or only partially helpful, betray a vernacular or truncated understanding of pragmatism, and fail to engage with the internal, epistemic structure of the policy-oriented jurisprudence. In response, this Article uncovers a contradictory form of foundationalist pragmatism in the Yale Jurisprudence in a peculiar relationship between its contextualist and problem-solving promises and its unreflective normative commitments to a set of postulated …

Introductory Note To The International Court Of Justice: Ahmadou Sadio Diallo (Republic Of Guinea V. Democratic Republic Of The Congo) Compensation Owed By The Democratic Republic Of The Congo To The Republic Of Guinea, Chiara Giorgetti

Law Faculty Publications

On June 12, 2012, the International Court of Justice ("ICJ" or the "Court") ordered the Republic of the Congo ("DRC") to pay the Republic of Guinea ("Guinea") U.S. $95,000 in compensation for material and non-material injury to Guinea's national Ahmadou Sadio Diallo. The Judgment is notable for several reasons. First, the mere fact that the Court fixed an amount of compensation owned to Guinea is relevant, as this is only the second time in the history of the Court that such a measure was adopted. Second, in reaching its decision, the Court relied heavily on decisions of other international courts …

Institutionalizing Democracy In Africa: A Comment On The African Charter On Democracy, Elections And Governance, Patrick J. Glen

Georgetown Law Faculty Publications and Other Works

This article provides an exegesis of the recently entered-into-force African Charter on Democracy, Elections and Governance. Democracy has a decidedly mixed history in Africa and, despite a concerted effort by the African Union (AU), it has made only halting inroads in those states that are nondemocratic or struggling to consolidate democracy. That may change as more states ratify and implement the Charter, a comprehensive regional attempt to promote, protect, and consolidate democracy that entered into force in February 2012. This Charter, the culmination of two decades of African thinking on how democracy should develop on the continent, represents the AU’s …

Where Liberty Lies: Civil Society And Individual Rights After 9/11, David Cole

Georgetown Law Faculty Publications and Other Works

Had someone told you, on September 11, 2001, that the United States would not be able to do whatever it wanted in response to the terrorist attacks of that day, you might well have questioned their sanity. The United States was the most powerful country in the world, and had the world’s sympathy in the immediate aftermath of the attacks. Who would stop it? Al Qaeda had few friends beyond the Taliban. As a historical matter, Congress and the courts had virtually always deferred to the executive in such times of crisis. And the American polity was unlikely to object …

From Goods To A Good Life: Intellectual Property And Global Justice, Madhavi Sunder

Georgetown Law Faculty Publications and Other Works

Most scholarship on intellectual property considers this law from the standpoint of law and economics. Under this conventional wisdom, intellectual property is simply a tool for promoting innovative products, from iPods to R2D2. In this highly original book Madhavi Sunder calls for a richer understanding of intellectual property law’s effects on social and cultural life. Intellectual property does more than incentivize the production of more goods. This law fundamentally affects the ability of citizens to live a good life. Intellectual property law governs the abilities of human beings to make and share culture, and to profit from this enterprise in …

Alien Tort Claims And The Status Of Customary International Law, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

Much of the recent debate about the status of customary international law in the U.S. legal system has revolved around the alien tort provision of the Judiciary Act of 1789, currently section 1350 of Title 28. In Filártiga v. Peńa-Irala, the decision that launched modern human rights litigation in the United States, the Court of Appeals for the Second Circuit relied on the view that customary international law has the status of federal common law in upholding section 1350’s grant of federal jurisdiction over a suit between aliens. The court’s position that customary international law was federal law was …

Policing International Prosecutors, Jenia I. Turner

Faculty Journal Articles and Book Chapters

A recurring question in international criminal procedure is how to ensure that prosecutors are held accountable for their errors and misconduct. When International Criminal Court (ICC) judges encountered the first serious error by the prosecution in Prosecutor v. Lubanga, they opted for an absolutist approach to remedies: the judges stayed the proceedings and ordered the release of the defendant. Although termination of the case was avoided through the intervention of the Appeals Chamber, the standoff between the judges and the prosecution highlighted the dilemmas that the ICC faces in these circumstances. To protect the integrity of its proceedings, the court …

The Second Annual Environmental Law And Justice Symposium Issue, Randall S. Abate

Florida A & M University Law Review

No abstract provided.

Environmental Justice With Chinese Characteristics: Recent Developments In Using Environmental Public Interest Litigation To Strengthen Access To Environmental Justice, Jingjing Liu

Florida A & M University Law Review

China's unprecedented economic growth and rapid urbanization in the past three decades has exerted a heavy toll on the country's environment. Set against the backdrop of China's daunting environmental challenges, this article will first discuss how the environmental justice issue manifests itself on Chinese soil and how its evolvement differs from the American experience. This discussion will be followed by an analysis on how environmental public interest litigation, inspired by citizen suits in the U.S., has been fermenting in China and advocated by environmentalists as a new approach to broaden and strengthen access to environmental justice. The article will then …

Biopiracy In The Brazilian Amazon: Learning From International And Comparative Law Successes And Shortcomings To Help Promote Biodiversity Conservation In Brazil, Vanessa Danley

Florida A & M University Law Review

No abstract provided.