International Law Commons^™

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Nation-Building In The Penumbra: Notes From A Liminal State, Monica E. Eppinger

All Faculty Scholarship

The emergence of post-Socialist legal orders is reshaping some of the familiar terrain of comparative legal studies. This Article, invited as part of an effort to think about the topic of "What the Rest think of the West," reconsiders the vast legal re-codification projects that stand at the center of "nation-building" projects in formerly Socialist states. Such projects, and the rupture from which they emerge, challenge essentialist or static notions of identity and assumptions of where the West is or where the Rest begin. Anthropological concepts of "liminality" and "deixis" assist in understanding Ukrainian legal experts' thinking on legal reforms …

Writer's Block - Resolve To Become A Better Writer, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The United Nations, The European Union, And The King Of Sweden: Economic Sanctions And Individual Rights In A Plural World Order, Daniel Halberstam, Eric Stein

Articles

In the last decade, economic sanctions have become a major instrumentality of the UN Security Council in the struggle against terrorism and lawless violence endangering peace. It is not surprising that innocents would be ensnarled, along with culprits, in the nets of the so-called "smart" or "targeted" sanctions, which are directed against named individuals and groups (as opposed to delinquent States). In such rare cases, as the individual concerned searches for a legal remedy, significant issues of fundamental human rights may arise at the levels of the international, regional, and national legal orders. This essay explores these issues. After examining …

Implied Powers Beyond Functional Integration? The Flexibility Clause In The Revised Eu Treaties, Carl Lebeck

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Future Of The Eu Emissions Trading System, Erika Lennon

Sustainable Development Law & Policy

No abstract provided.

Data Protection Conflicts Between The United States And The European Union In The War On Terror: Lessons Learned From The Existing System Of Financial Information Exchange, Matthew R. Vanwasshnova

Case Western Reserve Journal of International Law

No abstract provided.

The Un-Exceptionalism Of U.S. Exceptionalism, Sabrina Safrin

Vanderbilt Journal of Transnational Law

This Article challenges the prevailing view that the United States acts exceptionally by examining the insufficiently considered legal exceptionalism of other countries. It puts U.S. exceptionalism in perspective by identifying European exceptionalism as well as noting developing country exceptionalism, pointing to the exceptional rules sought by the European Union and by developing countries in numerous international agreements and institutions. It argues that most nations seek different international rules for themselves when they perceive themselves to have an exceptional need. Indeed, in cases of exceptional need, numerous countries believe themselves entitled to exceptional legal accommodation and may even perceive other countries' …

European Class Actions, Michelle Parsons

South Carolina Journal of International Law and Business

No abstract provided.

Off To Work We Go: Creating An Efficient Labor Force Through European Union Employment Regulation Of Third-Country Nationals, Lindsey Lovingood

South Carolina Journal of International Law and Business

No abstract provided.

Institutional Conditionality And State Compliance: The Czech And Slovak Accession To Nato And The Eu, Eva Svobodova

Graduate Program in International Studies Theses & Dissertations

This dissertation studies the interaction between international institutions and nation states. More specifically, it examines how the membership conditionality of the North Atlantic Treaty Organization (NATO) and the European Union (EU) was adopted by candidate states. It uses the Czech and Slovak accessions to NATO and the EU to argue that, in order to understand the external phenomenon of conditionality, we need to study its effects within states. Critical to this process is national leadership. National leaders determine whether and how conditionality is implemented. Furthermore, this dissertation asserts that successful compliance with NATO and EU conditionality is decisively determined by …

Primer For U.S. Lawyers On European Union Government And Law, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Bridging The Transatlantic Divide: Legal Aspects Of A Link Between Regional Carbon Markets In Europe And The United States , Michael A. Mehling

Sustainable Development Law & Policy

No abstract provided.

The Forest And The Trees: Biomass And Certification Procedures, Stephen Medlock

Sustainable Development Law & Policy

No abstract provided.

The Eu Adopts An Integrated Maritime Policy And Action Plan: Is The U.S. Far Behind Or Ahead?, Joan M. Bondareff

Sustainable Development Law & Policy

No abstract provided.

Social Security For Migrant Workers: The Eu, Ilo & Treaty Based Regimes, Barbara J. Fick, Alma Clara Garcia Flechas

Journal Articles

Migrant workers face special problems in terms of qualifying for, and receiving payment under, national social security systems. In an effort to mitigate these problems, many states coordinate their social security systems. This paper explores how coordination schemes work in regional mechanisms such as the European Union, in international conventions adopted by the International Labour Organisation, and in multi-lateral treaties such as the Andean Social Security Instrument.

European And German Security Policy And International Terrorism, Torsten Stein

International Law Studies

No abstract provided.

Hostile Takeovers And Hostile Defenses: A Comparative Look At U.S. Board Deference And The European Effort At Harmonization, Tyler A. Theobald

ExpressO

The United States and the European Union have taken very different approaches in dealing with tender offers, especially in respect to the amount of power the board of directors has to block an unwanted takeover attempt. The United States has no single set of guiding principles regarding most of substantive corporate law and the field of tender offers is no different. The European Union, on the other hand, has very recently passed legislation that not only attempts to harmonize the corporate takeover laws of all its member states, but seeks to restrict the power of the board of directors. The …

Aerospace And Antitrust: How The European Union Supports Its Interests To The Detriment Of United States' Companies, Jason Thompson

University of Miami International and Comparative Law Review

No abstract provided.

Individual Rights And Group Rights In The European Union's Approach To Minority Languages, Robert F. Weber

ExpressO

The European Union rights discourse is dominated by talk of individual, and not group, rights. Individual market actors have been the constitutive atoms of European Union law. Within this legal framework, the onus has been on the Member States to protect and contribute to minority language groups. This paper examines some of the ways Member States accommodate and recognize the minority language groups residing within Europe, and subsequently analyzes the compatibility of these measures with the EC Treaty in light of the European Court of Justice's (ECJ) willingness to invoke the Treaty in an increasing array of situations. Specifically, the …

Foreign Direct Investment Success In Ireland: Can Poland Duplicate Ireland's Economic Success Based On Foreign Direct Investment Policies?, Michael Mikiciuk

University of Miami International and Comparative Law Review

No abstract provided.

Slides: Uk Climate Policy, James Reilly

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: James Reilly, Senior Energy & Environment Advisor, British Embassy, Washington DC.

28 slides.

Contains references.

Slides: In The Nick Of Time: Pathways To A Post-2012 Climate Treaty Framework, Annie Petsonk

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Annie Petsonk, Environmental Defense, Washington, DC.

22 slides.

The Privacy Gambit: Toward A Game Theoretic Approach To International Data Protection, Horace E. Anderson

ExpressO

“Privacy” is one of the fastest growing areas of the law, due in part to the explosion of the Internet over the past decade. When we speak of privacy in the Internet age, we typically mean data protection, the regulation of the use of personal information about individuals by private interests, such as corporations. Unfortunately, much of the discourse on the subject adopts a framework more suitable to traditional privacy, an inviolable “right to be let alone” by the state. Rather than create a sacrosanct right against the government, the modern incarnation of privacy actually creates a quasi-property right, where …

On The Legal Construction Of Ethnic Cleansing, Timothy V. Waters

ExpressO

On the Legal Construction of Ethnic Cleansing

Timothy William Waters, Univ. Mississippi School of Law

Abstract

What is the true shape of our commitment to prohibit ethnic cleansing? This Article explores that question by considering a case observers have universally decided does not constitute ethnic cleansing. It examines the recent controversy in the European Union, when Sudeten Germans demanded that the Czech Republic apologize for having expelled them after WWII before being admitted to the EU. Their demands were universally rejected and the legality of the expulsions was reconfirmed by all relevant actors. So what is the consequence for customary …

Product-Based Environmental Regulations: Europe Sets The Pace , Paul E. Hagen

Sustainable Development Law & Policy

No abstract provided.

Europe's Reach: A New Chapter In International Chemicals Law, Marcos A. Orellana

Sustainable Development Law & Policy

No abstract provided.

The Impact Of Eu Unfair Contract Terms Law On U.S. Business-To-Consumer Internet Merchants, Jane K. Winn, Mark Webber

Articles

This article focuses on the application of European Union unfair contract terms law to retail Internet transactions that U.S. businesses might engage in with European consumers. It compares attitudes toward consumer protection regulation in the U.S. and the EU to provide some context within which the specific provisions of unfair contract terms law can be understood.

While many lawyers and legal academics in the U.S. who study the development of online markets are aware of the profound differences in U.S. and EU information privacy laws, the magnitude of the divergence in consumer electronic contracting law is not as widely recognized. …

Transparency In Global Merger Review: A Limited Role For The Wto?, Keith R. Fisher

ExpressO

This article identifies certain problems faced by parties to transnational merger transactions in view of the global proliferation in recent years of competition (and, specifically, merger review) laws. After considering the pros and cons of merger remedies (both structural and behavioral) that may be offered to mitigate potentially anticompetitive effects and illustrating (through a case study of the GE/Honeywell transaction) the pitfalls of divergent market definition even as between two legal regimes employing substantially similar standards, the article reviews and critiques proposals for establishing a supranational competition authority under the aegis of the World Trade Organization. While rejecting the WTO …

The Treaty Establishing A Constitution For Europe And The Democratic Legitimacy Of The European Union, Elisabeth Zoller

Indiana Journal of Global Legal Studies

No abstract provided.