International Law Commons^™

Challenges To The Credibility Of The Investor-State Arbitration System, Michael Nolan

American University Business Law Review

No abstract provided.

The Future Of International Arbitration In Central And Eastern Europe, Wojciech Sadowski

American University Business Law Review

No abstract provided.

Salient Features Of International Commercial Arbitration In East Asia: A Comparative Study Of China And Japan, Fan Kun

American University Business Law Review

No abstract provided.

A Modest Proposal For Preventing Multipartite Arbitrations From Being A Burden To The Parties And For Making Them Beneficial To The Parties, Alexis Martinez, Rostislav Pekar

American University Business Law Review

No abstract provided.

The Extension Of The Arbitral Agreement To Non-Signatories In Europe: A Uniform Approach?, Eduardo Silva Romero, Luis Miguel Velarde Saffer

American University Business Law Review

No abstract provided.

Immigrant Lawyers And The Changing Face Of The U.S. Legal Profession, Ethan Michelson

Indiana Journal of Global Legal Studies

In this Comment, I extend Lazarus-Black and Globokar's analysis further downstream to consider the stakes for the U.S. legal profession as a whole. Gatekeepers to LL.M. programs are doing far more than determining individual fates and collectively shaping the future of U.S. legal education. I will demonstrate in this Comment that their work helps shape-in concrete, measurable ways-the demographic composition of the U.S. legal profession. In so doing, I will contribute to the emerging field of legal demography, which refers to the study of lawyers through the analysis of data not collected for this specific purpose.

Notes Toward An Understanding Of The U.S. Market In Foreign Ll.M. Students: From The British Empire And The Inns Of Court To The U.S. Ll.M., Bryant G. Garth

Indiana Journal of Global Legal Studies

Mindie Lazarus-Black and Julie Globokar's article on "Foreign Attorneys in U.S. LL.M. Programs: Who's In, Who's Out, and Who They Are" uses interviews, LL.M. student observations, and actual admissions committee documents from one Midwest and one East Coast law school to confirm the tremendous growth of those programs over the past two decades in the United States and indicate who makes the journey to the United States; how foreign LL.M. candidates pitch themselves to admissions committees; how those admissions committees evaluate candidates; and what candidates expect from LL.M. programs. The voices that come through are quite compelling. We now know …

Foreign Attorneys In U.S. Ll.M. Programs: Who's In, Who's Out, And Who They Are, Mindie Lazarus-Black, Julie L. Globokar

Indiana Journal of Global Legal Studies

In recent decades, there has been a remarkable growth in the number of foreign attorneys enrolled at U.S. law schools and particularly in LL.M. programs. To learn more about these students and how they fare, we conducted research in two law schools, one in the Midwest and the second on the East Coast. We examine the admissions process for foreign attorneys from the perspectives and experiences of both the administrators who make admissions decisions and the students who seek admission. We consider the layered international, national, state, and local laws that complicate the selection process, as well as the standards …

The Aspiring And Globalizing Graduate Law Student: A Comment On The Lazarus-Black And Globokar Ll.M. Study, Jayanth K. Krishnan, Vitor M. Dias

Indiana Journal of Global Legal Studies

As a thought experiment, in the next section we present a theoretical frame (that builds on what previous scholars have discussed) for understanding motivation-as it relates to the subject focused on by Lazarus-Black and Globokar. Based on this model, we then postulate an alternative motivation for why foreign applicants might wish to pursue their LL.M. studies. We base our hypothesis on the experiences we have had in two countries we know well: India and Brazil. Because this is just a short Comment, we leave the empirical work on our proposal for future research. Our hope is that this exercise might …

Breaking The Curse: A Multilayered Regulatory Approach, Hunter Dekoninck

Indiana Journal of Global Legal Studies

Eastern Africa has been plagued for generations with what Richard Auty considers 'The Resource Curse." This curse, translated into modern economic tragedies, is the exploitive extraction and use of precious minerals from Eastern Africa, specifically the Democratic Republic of the Congo (DRC). As a result of attempts to combat the international market that perpetuates this curse, Section 1502 of the Dodd-Frank Wall Street Reform Act, largely in response to human rights activism, passed into law a provision requiring companies to account to the Securities and Exchange Commission (SEC) for their use of certain listed foreign minerals. Although such regulation is …

The Greek Debt Crisis: The Need For "Heroic" Economic Policy Reforms In The European Economic And Monetary Union, Peter Robbins

Indiana Journal of Global Legal Studies

Greece is in the midst of a devastating economic and financial crisis that the European Union has been trying ardently to resolve since the default of Lehman Brothers in 2008. A significant number of other European Union (EU) Member States are also in crisis due to various state-level economic and monetary causes. Meanwhile, the European Union has consistently used the existing treaty articles and legislation within its competence to impose traditional and homogenized austerity measures on highly indebted Member States, most notably Greece. In sum, the European Union has zealously advocated for fiscal conservatism driven by the German "diber-fear" of …

Using A Community-Based Strategy To Address The Impacts Of Globalization On Underwater Cultural Heritage Management In The Dominican Republic, Lydia Barbash-Riley

Indiana Journal of Global Legal Studies

This Note addresses the management of the Underwater Cultural Heritage (UCH) in the Dominican Republic as a case study of the effects of two aspects of globalization on cultural and environmental resource management in the developing world: the international convergence of values and the horizontal delegation of state power to private actors due to economic constraints. This Note posits that even as the global community of states moves toward a consensus on the ethical management of the UCH, this convergence combined with the global trend of horizontal delegation may incentivize some lesser-developed countries to deal with the economic pressures of …

Contractual Excuse Under The Cisg: Impediment, Hardship, And The Excuse Doctrines, Larry A. Dimatteo

UF Law Faculty Publications

This article will examine the law of excuse as espoused in the Convention on Contracts for the International Sale of Goods (CISG). It will examine the relevant case law applying the doctrine of impediment found in CISG Article 79. The question posed in this analysis is whether the word “impediment” relates only to the occurrences of force majeure, impossibility and frustration of purpose events or if it also includes changed circumstances, impracticability and hardship events. For purposes of simplicity, the first set of excuse or exemption doctrines will be analyzed under the heading of “impossibility” and the second set will …

Taking The Measure Of Nations: Testing The Global Norm Of Territorial Integrity, Timothy W. Waters

Articles by Maurer Faculty

No abstract provided.

Internet Balkanization Gathers Pace: Is Privacy The Real Driver?, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson, Orla Lynskey

Articles by Maurer Faculty

No abstract provided.

Comment Le Droit Des Gens Cessa D’Être Un Droit Politique: Le Droit International De John Marshall, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

Technology And The Law On The Use Of Force: New Security Challenges In The Twenty-First Century, By Jackson Maogoto, Asaf Lubin

Articles by Maurer Faculty

Review of:

Technology and the Law on the Use of Force: New Security Challenges in the Twenty-First Century. By Jackson Maogoto. Oxford, UK: Routledge, 2015. Pp xviii, 111. Price: $117.71 (Hardcover).

The Problem Of Shared Irresponsibility In International Climate Law, Daniel H. Cole

Articles by Maurer Faculty

States have treaty-based and customary international law-based responsibilities to ensure that greenhouse gas emissions emanating from their territory do not cause transboundary harm. However, those international legal responsibilities conflict with the observed behavior of states, which suggests a general rule of irresponsible treatment of the global commons. This paper, written for a conference (and eventual book) on shared responsibility in international law, examines that conflict and two potential mechanisms for resolving it: (1) international litigation and (2) various types of polycentric approaches to climate governance.

Several international legal scholars have been advocating litigation as a means of compensating victims and …

Whither The Web?: International Law, Cybersecurity, And Critical Infrastructure Protection, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Where Trade And Industrial Policy Converge: How Developing Countries Can Utilize Trade Preferences To Generate Sustainable, Local Growth In The Garment Sector, Collette Van Der Ven

The International Lawyer

The rise of the textile and apparel global value chains and trade preferences has created unprecedented opportunities for developing countries to participate in trade in textiles and apparel. Yet, while some countries have managed to build backward linkages and engage in industrial upgrading, others remain locked in the lower echelons of the textile and apparel value chai

This Article demonstrates that trade preferences and rules of origin alone do not explain countries' diverging experiences in the apparel value chain. Rather, a country's industrial policy is crucial in determining sustainable growth: is it solely export-oriented, or does it balance promoting growth …

Letter From The Editor, Trista Turley

Notre Dame Journal of International & Comparative Law

Editor-in-Chief Trista Turley writes to introduce Volume 5 of the Notre Dame Journal of International and Comparative Law.

The Rules And The Reality Of Petition Procedures In The Inter-American Human Rights System, Dinah Shelton

Notre Dame Journal of International & Comparative Law

In this Essay, Professor Dinah Shelton draws on her personal experience as a member of the Inter-American Commission on Human Rights to discuss the underlying causes of a "crisis of commitment" to the Inter-American system of human rights. Shelton traces the roots of this crisis in large part to the Inter-American petition procedures. Giving an in-depth account of the structure of the Inter-American Commission on Human Rights and the details of the petition procedures, Shelton explores the issues of legitimacy, transparency, effectiveness, and efficiency raised by various aspects of the petitioning process, and discusses the various ways in which these …

The Relationship Between Inter-American Jurisdiction And States (National Systems): Some Pertinent Questions, Sergio GarcíA RamíRez

Notre Dame Journal of International & Comparative Law

In this Article, Judge Sergio García Ramírez of the Inter-American Court of Human Rights explores the complex and often vexing relationship between the Inter-American Human Rights system and the domestic human rights protections within the system's member states. García Ramírez identifies a number of challenges to implementing human rights protections in Latin America, many of which are rooted in a history of authoritarianism in the twentieth century and the nascent nature of the region's democratic institutions. Yet he sees solutions in the role of the Inter-American Court in the region. García Ramírez highlights the Court's role in interpreting international human …

Saving The Paper Tiger: Biodiversity As An Irreplaceable Element Of Our Common Cultural Heritage, Lisa Meissner

Notre Dame Journal of International & Comparative Law

This Note examines the role of international law and human rights in the conservation of global biodiversity as an element of our shared cultural heritage. International instruments like the Convention on the International Trade in Endangered Species of Wild Fauna and Flora and the World Heritage Convention have changed the discourse of international conservation law by connecting natural resources, including animal species, to incentives-based structures in local or regional communities. Such a legal foundation is critical to engaging with evolving international concepts of sustainable development and rural livelihoods protection that promote making biodiversity conservation cognizably valuable to humanity, both tangibly …

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Faculty Publications By Year

It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.

A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …

Book Review: Analyzing The Effectiveness Of The Tallinn Manual’S Jus Ad Bellum Doctrine On Cyberconflict,: A Nato-Centric Approach, Terence Check

Cleveland State Law Review

Review of: Tallinn Manual on the International Law Applicable to Cyber Warfare, Michael Schmitt, ed., New York: Cambridge University Press, 2013.

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Road To Recovery: Pakistan's Human Rights Crises In The Fata, Naji'a Tameez

Syracuse Journal of International Law and Commerce

No abstract provided.

Syracuse Journal Of International Law And Commerce - Vol. 42, No. 2 (Complete)

Syracuse Journal of International Law and Commerce

No abstract provided.

The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon Penney

Articles, Book Chapters, & Popular Press

Internet censorship and surveillance is on the rise globally and cyber-warfare increasing in scope and intensity. To help understand these new threats commentators have grasped at historical analogies often with little regard for historical complexity or international perspective. Unfortunately, helpful new works on telecommunications history have focused primarily on U.S. history with little focus on international developments. There is thus a need for further internationally oriented investigation of telecommunications technologies, and their history. This essay attempts to help fill that void, drawing on case studies wherein global telecommunications technologies have been disrupted or censored — telegram censorship and surveillance, high …