International Law Commons^™

The Board Against All Odds: Assessing The Powers Of Delegated Management In Brazil, Alexandre Edde Diniz De Oliveira

Law and Business Review of the Americas

This article aims to analyze the contractual allocation of decision-making power to the board of directors in Brazilian public companies. Unlike U.S. law, Brazil's corporate statute bestows original and supreme decision-making power to the shareholders' meeting in running of the firm, while reserving a comparatively ancillary role to the board. At the same time, however, the statute permits shareholders to delegate part of these powers to the board through charter provisions. Whether or not parties take advantage of private ordering to empower the board is of great interest given the changing normative framework applicable to Brazil's capital markets over the …

The International Harmonization Of Competition Norms And Brazilian Competition Law: The Use Of Settlement Agreements, Kathryn Mcmahon

Law and Business Review of the Americas

Unlike many other emerging and developing countries where competition laws have only recently been enacted, Brazil has had a long history of the application of competition laws and policies, culminating in its most recent legislative reforms in 2011. Brazilian competition agencies are also internationally commended as a success story, particularly for their strong stance against, and criminalization of, cartel activity. But there are also emerging difficulties. In recent years, the Brazilian constitutional courts have become important sites of social change as they adjudicate in areas such as health, telecommunications, and financial markets. There have been comparatively fewer applications for judicial …

Front Matter

Law and Business Review of the Americas

No abstract provided.

Security And Liberty, Transparency And Secrecy, Parliamentary Control Of The Secret Services In Canada And Germany: A Comparative Approach, Sophie Christine Barbara Wiesehofer

LLM Theses

After an ongoing 40-year debate, Canada is going to institutionalise its first Committee of Parliamentarians that is meant to control the federal agencies and departments activities in the realm of national security. In contrast, post-war democratic Germany discussed that kind of control early on, not least because of its totalitarian past, and had already established its first parliamentary control body as of 1949; its last major reform was in 2016. Adopting a com-bined historical and comparative legal perspective, the thesis aims at analysing and comparing the constitutional frameworks and the respective debates and institutions in both countries, inter alia, with …

Nuclear Weapons And Crimes Against Humanity Under International Law, John Kuhn Bleimaier

The Catholic Lawyer

No abstract provided.

Investor-State Dispute Settlement Reconceptionalized: Regulation Of Disputes, Standards And Mediation, M. R. Dahlan, Wolf Von Kumberg

Pepperdine Dispute Resolution Law Journal

This paper argues that the current criticisms of Investor-State Dispute Settlement (ISDS) are ill-informed, and attempts at reforming the system are misguided. The definition of ISDS itself has been, for a long time, limited to investment quasi-judicial bodies or at best arbitration. Analysis of the roots of the ever growing backlash reveals that the main causes for concern are politically negotiated investment treaties, an inherently biased system, lack of transparency, and inconsistent decision-making. Examination of the core reasons behind these complaints leads to the conclusion that the EU Commission’s solution to reform ISDS through a permanent court raises more issues …

The Importance Of Improving The Dispute Resolution Process Of Iran’S Nuclear Deal, Diba Alemi

Pepperdine Dispute Resolution Law Journal

Section I provides a brief introduction. Section II discusses the sanctions that have been imposed on Iran. Section III elaborates the worldwide effect of the Joint Comprehensive Plan of Action (“JCPOA”) agreement. Section IV discusses the dispute resolution clause in the JCPOA agreement. Section V compares other dispute resolution clauses to JCPOA’s dispute resolution clause. Section VI discusses the difficulties the developing countries face during the international dispute resolution process. Section VII explains the necessity of adding time to negotiate to the dispute resolution process of the. Lastly, section IX concludes.

Cross-Border Insolvencies: To “Universalize” Or To Arbitrate?, Young Hye (Martina) Chun

Pepperdine Dispute Resolution Law Journal

This note makes a cost-benefit analysis of the U.S. Bankruptcy Code Chapter 15 and International Commercial Arbitration in the context of cross-border bankruptcy proceedings. Part I sets the stage by providing two opposing theoretical approaches to cross-border insolvencies: territorialism and universalism. Part II introduces the UNCITRAL’s Model Law on Cross-Border Insolvency, which is incorporated into the U.S. Bankruptcy Code Chapter 15. It presents how the Model Law has attempted to compensate for the lack of a global court by incorporating universalism. Part III demonstrates that while Chapter 15 sounds good in theory, it fails to address the very issue it …

The Need For Implementation Of A Consolidation Provision In Institutional Arbitration Rules, Ioannis Giakoumelos

Pepperdine Dispute Resolution Law Journal

This article deals with the question whether arbitration institutions should introduce a consolidation provision in their respective rules, and if so, under what conditions consolidation should be ordered. It stresses the general advantages and potential disadvantages which consolidation may have. It further investigates whether the parties’ interests regarding consolidation are sufficiently respected in the absence of an express consolidation rule. In this regard, it argues that interpretation of arbitration agreements can have a detrimental outcome, and therefore, the introduction of a consolidation provision in institutional rules is recommended. The article goes on to compare various consolidation provisions of different arbitration …

New Constitutional And Penal Theory In Spanish Abortion Law, Richard Smith

The Catholic Lawyer

No abstract provided.

Enforcement Dissonance: Lobsters, The Legislature, And Federal Waters In State V. Thomas, Christopher J. Rauscher

Maine Law Review

Consider the following: You, a Maine resident, and your friend, a Massachusetts resident, have gone for a weekend trout fishing trip to Acadia National Park in Downeast Maine. The two of you are happily catching trout, and then each of you hook a bass and reel it in. Keeping the bass is illegal under Maine law but not banned by the National Park. Along comes a Maine game warden, who spies the two of you and cites only you with a fine for catching and keeping the bass. The warden says nothing to the Massachusetts resident who continues to fish, …

Is There A Place For Islam In The West? Adjudicating The Muslim Headscarf In Europe And The United States, Andrea Pin

Notre Dame Law Review Reflection

Part I of this short Article explains the relevance of the Micropole and Achbita decisions; Part II explores the common line of reasoning behind them; and, finally, the conclusion analyzes their impact within the European scenario of religious freedom—especially for Muslims—and contrasts them with the United States’ approach to the topic.

Frozen Conflicts And International Law, Thomas D. Grant

Cornell International Law Journal

Scholars (mostly in international relations and politics) and policymakers (in various countries) have referred to a series of conflicts in the space of the former USSR as “frozen conflicts.” Because some now speak of new “frozen conflicts” emerging, it is timely to ask what— if any— legal meaning this expression contains. Moreover, how we characterize these conflicts affects legal and other procedures the parties and others might apply to resolve them. Beyond the open questions of semantics and taxonomy, the so-called “frozen conflicts” merit attention because of their salience to the dispute settlement machinery that they so largely have frustrated.

A Global Body And A Global Problem: The Curious Case Of The G-20 And Securities Regulation, Tamilla Nurizada

Cornell International Law Journal

No abstract provided.

Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …

The Hague Working Group On Space Resources: Creating The Legal Building Blocks For A New Industry, Mark J. Sundahl, Chelsey Davis

Law Faculty Articles and Essays

Given the inherently international (or more accurately, extranational) nature of asteroid mining, an international discussion has also arisen at the United Nations and other fora. In order to prepare the way for the future regulation of space resource extraction, The Hague Space Resources Governance Working Group (Working Group) was created to develop so-called "building blocks" for use in the construction of a future legal framework governing mining activities. This "legal framework" may take the form of a treaty, but it is more likely to be a soft form of international law, such as a U.N. resolution, or a model domestic …

Comity And International Courts And Tribunals, Thomas Schultz, Niccolo Ridi

Cornell International Law Journal

This study seeks to clarify the importance, current and potential, of the use of comity by international courts and tribunals. Our findings support the idea that comity might be an emerging principle of procedural law, though agreement on its exact meaning— or unequivocal choices among its many connotations— still tends to be uncommon. We submit that, as long as other solutions are not in place, the principle can be successfully employed to assist international courts and tribunals in mediating jurisdictional conflicts between themselves by balancing coordination efforts and the demands of justice in the individual cases.

Comity may serve as …

Prosecuting Members Of Isis For Destruction Of Cultural Property, Cody Corliss

Florida State University Law Review

This Article examines the potential for war-crime charges against members of ISIS for “culture crimes” in Syria and Iraq, specifically for group members’ participation in the intentional destruction of cultural and historic sites in the Middle East. This Article begins by tracing the history of legal efforts to protect cultural property and the recent developments in international law that have transformed “culture crimes” into chargeable war crimes. After examining the history of legal efforts to protect property, this Article turns its focus to ISIS and the group’s role in destroying cultural property that it deems antithetical to its brand of …

General Theory Of Law And Development, Yong-Shik Lee

Cornell International Law Journal

Although scholarship in law and development that explores the relationship between law and social and economic progress has evolved over the last four decades, this area of inquiry remains unfamiliar to many legal scholars, lawyers, and policy makers. Scholars have not yet been able to develop a theory that systematically explains the interrelationship between law and development, which would establish law and development as a robust and coherent academic field. This Article attempts to fill this gap by presenting a general theory that defines the disciplinary parameters of law and development, and explains the mechanisms by which law impacts development. …

International Law In National Schools, Ryan M. Scoville

Indiana Law Journal

Why is international law ineffective at times in achieving its aims, such as preventing human rights abuses, forestalling armed conflict, and ensuring global cooperation on matters ranging from the environment to nuclear proliferation? This Article offers original empirical research to suggest that an important and underappreciated part of the answer lies in legal education. Conducting a global survey on the study of international law at thousands of law schools in over 190 countries, the Article reveals significant cross-national disparities in the pervasiveness of international legal training, and draws on other research to highlight similar variations in instructional quality, topical emphases, …

How A Class Action Plaintiff's Request For Attorney's Fees Can Prevent Mootness Despite A Defendant's Tender Of Damages, Lyuba Shamailova

Cardozo Law Review

No abstract provided.

The Substitute And Complement Theories Of Judicial Review, David Landau

Scholarly Publications

Constitutional theory has hypothesized two distinct and contradictory ways in which judicial review may interact with external political and social support. One line of scholarship has argued that judicial review and external support are substitutes. Thus, "political safeguard" theorists of American federalism and the separation of powers argue that these constitutional values are enforced through the political branches, making judicial review unnecessary. However, a separate line of work, mostly composed of social scientists examining rights issues, argues that the relationship between courts and outside support is complementary-judges are unlikely to succeed in their projects unless they have sufficient assistance from …

Green Foreign Direct Investment In Developing Countries, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

The message is by now clear: our global economy must be fundamentally reoriented and redeployed in order to achieve the SDGs and the commitments of the Paris Climate Agreement. This requires action by all stakeholders, including non-financial and financial firms, debt and equity investors, government policymakers, and consumers. In terms of the amount of money required, it has been estimated that meeting the SDGs will require $5 to $7 trillion annually, with investment needs for developing countries amounting to roughly $3.3 to $4.5 trillion per year. While a big picture view of and strategic thinking regarding the entire economic ecosystem …

Designing A Legal Regime To Capture Capital Gains Tax On Indirect Transfers Of Mineral And Petroleum Rights: A Practical Guide, Perrine Toledano, John Bush, Jacky Mandelbaum

Columbia Center on Sustainable Investment Staff Publications

When a local asset (or a right relating to such asset) is sold, a country will generally have jurisdiction to levy a capital gains tax on the sale, both under domestic law and international treaty. This is called taxation of a “direct” transfer of a local asset. However, taxation becomes increasingly complicated when a company located offshore owns the local asset. Further difficulties arise when the local asset is held by a chain of corporations located in tax havens. An “indirect” transfer occurs when the shares of the domestic subsidiary, the shares of the foreign company with a branch in …

230+ Law And Economics Professors Urge President To Remove Isds From Nafta, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

CCSI helped launch a letter signed by over 230 law and economics professors urging President Trump to remove ISDS provisions from NAFTA. As the letter notes, the ISDS mechanism “undermines the important roles of our domestic and democratic institutions, threatens domestic sovereignty, and weakens the rule of law.” The letter builds upon the center’s past work, including a similar letter published last year calling on Congress to reject the Trans Pacific Partnership for its inclusion of ISDS, and broader analyses of both the threat that ISDS poses to domestic US law and of the ISDS provisions that were included in …

India’S Revised Model Bit: Two Steps Forward, One Step Back?, Jesse Coleman, Kanika Gupta

Columbia Center on Sustainable Investment Staff Publications

In December 2015, the Indian government approved the final text of its revised model bilateral investment treaty (BIT). Shortly thereafter, in February 2016, India published a joint interpretative statement to clarify its understanding of certain treaty provisions found in existing Indian treaties. These recent developments in Indian investment treaty policy are products of a multi-year review process ,prompted at least in part by the 2011 finding against India in the White Industries claim - the first such known finding against the state – and by several notices of dispute received following the determination in that case.

Do We Need A Global Commercial Code?, Michael Joachim Bonell

Dickinson Law Review (2017-Present)

The International Institute for the Unification of Private Law (UNIDROIT) first launched the idea of preparing a code of inter- national trade law. In 1970, the Secretariat of UNIDROIT submitted a note to the newly established United Nations Commission on International Trade Law (UNCITRAL) in justification of such an initiative and indicated some of the salient features of the project. What was proposed was a veritable code in the continental sense. The proposed code included two parts: part one dealing with the law of obligations generally, and part two relating to specific kinds of commercial transactions. However, the “Progressive codification …

Contemporary Practice Of The United States Relating To International Law, October 2017, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: Congress Enacts Sanctions Legislation Targeting Russia • United States and Qatar Sign Memorandum of Understanding over Terrorism Financing • Trump Reverses Certain Steps Toward Normalizing Relations with Cuba • United States Announces Plans to Withdraw from Paris Agreement on Climate Change • President Trump Issues Trade-Related Executive Orders and Memoranda • United States, Russia, and Jordan Sign Limited Ceasefire for Syria • Trump Administration Recertifies Iranian Compliance with JCPOA Notwithstanding Increasing Concern with Iranian Behavior

A Natural Progression Of Restrictive Immunity: Why The Jasta Amendment Does Not Violate International Law, Eric T. Kohan

Washington Law Review

On September 11, 2001, terrorists from extremist group al-Qaeda hijacked four commercial flights and flew two into the World Trade Center towers in New York City and one into the Pentagon in Washington, D.C. Many sought justice for friends and loved ones harmed in the attacks by bringing lawsuits against Saudi Arabia. These lawsuits alleged that Saudi Arabian leaders knowingly donated to charities that funded al-Qaeda which helped the group to pay for the September 11th terror attacks. The Second Circuit, however, dismissed the lawsuit on sovereign immunity grounds in 2008. Frustrated with the ruling, Congress passed the Justice Against …

Case Global: Alumni, Faculty And Students Join Fight For Immigrant Rights In U.S., Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 9, No. 1 (2017)

• Alumni, faculty and students join fight for immigrant rights in U.S. (cover)
• Special Report: Fighting for Immigrant Rights
• LLM Program Earns Top Ranking
• Jessup and Vis Teams Win Top Honors
• Journal of International Law Celebrates 50th Year
• Law School in Cutting Edge in Foreign Partnerships
• Foreign Policy Talk Radio Show Renewed for Fifth Year
• Law School Partners in Nation’s First Graduate Program in Military Ethics
• Financial Integrity Degree Expanding to D.C.
• Law School Receives Historic Grant for Human Trafficking Program
• Law Students Intern Around the World
• “How I Spent My Summer”
• 2017-18 Conferences and Lectures …