Transnational Law Commons^™

The Development Of Nato Ebao Doctrine: Clausewitz's Theories And The Role Of Law In An Evolving Approach To Operations, Colonel Jody M. Prescott

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Emergence Of Transnational Constitutionalism: Its Features, Challenges And Solutions, Jiunn-Rong Yeh, Wen-Chen Chang

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Solitude Of Latin America: The Struggle For Rights South Of The Border, Ángel Oquendo

Faculty Articles and Papers

The article focuses, comparatively, on remarkable recent developments in Latin America regarding the programmatic adjudication, procedural enforcement, and internationalization of fundamental entitlements. It applauds, first, the manner in which many Latin American courts have uncompromisingly enforced positive guaranties in the last decade or so. Secondly, it analyzes various widely available procedures for the vindication of rights, including the writ of protection or security, unconstitutionality actions, and collective suits. Thirdly, it studies the manner in which the interaction between domestic and transnational rights has become extremely intense in the region. Finally, it notes the tension between the realization of the juridical …

The Citizenship Paradox In A Transnational Age, Cristina M. Rodríguez

Michigan Law Review

Through Americans in Waiting, Hiroshi Motomura tells us three different stories about how U.S. law and policy, over time, have framed the relationship between immigrants and the American body politic. He captures the complexity, historical contingency, and democratic urgency of that relationship by canvassing the immigration law canon and teasing from it the three frameworks that have structured immigrants' social status, their interactions with the state, and the processes of immigrant integration and naturalization. In so doing, he illuminates how popular mythologies about the assimilative capacity of the American melting pot obscure myriad political and social conflicts over how …

Richard B. Lillich Memorial Lecture: New Directions In The Struggle Against Human Trafficking, Mark Sidel

Florida State University Journal of Transnational Law & Policy

No abstract provided.

"Rachel's Law" Wraps New York's Long-Arm Around Libel Tourists; Will Congress Follow Suit?, Justin S. Hemlepp

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Is Transnational Litigation A Distinct Field? The Persistence Of American Exceptionalism In Procedural Law, Paul R. Dubinsky

Law Faculty Research Publications

No abstract provided.

Colombia's Incursion Into Ecuadorian Territory: Justified Hot Pursuit Or Pugnacious Error?, Luz E. Nagle

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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.

Prostituting Peace: The Impact Of Sending State's Legal Regimes On U.N. Peacekeeper Behavior And Suggestions To Protect The Populations Peacekeepers Guard, Alexandra R. Harrington

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Transnational Terrorist Financing: Criminal And Civil Perspectives, Mark A. Drumbl

Scholarly Articles

This note addresses the proscription of terrorist financing under transnational law. It considers both criminal and civil regulatory frameworks. Although the 9/11 attacks certainly galvanized jurisgeneration in this area, important treaties and customary principles preexisted those attacks. Insofar as the law on this topic is quite robust, this note does not provide a typology of every legal prohibition that touches upon terrorist financing. Instead, it offers an overview of the subject matter through case-studies drawn from international treaties and Alien Tort Claims Act litigation in the United States, and it also places the regulatory framework of terrorist financing within both …

The Future Regulation Of The Legal Profession: The Impact Of Treating The Legal Profession As Service Providers, Laurel Terry

Faculty Scholarly Works

In the past fifty years, one has heard debates about whether law is a business, a profession, or both, what these terms mean and whether it matters. Regardless of what one thinks about these debates, there is a new paradigm that must be added to the mix, which is the paradigm of lawyers as "service providers." In the "service providers" paradigm, the legal profession is not viewed as a separate, unique profession entitled to its own individual regulations, but is included in a broader group of "service providers," all of whom can be regulated together. This new paradigm represents a …

Masthead, Volume 34 Issue 1 (2008)

Canada-United States Law Journal

No abstract provided.

Masthead, Volume 34 Issue 2 (2008)

Canada-United States Law Journal

No abstract provided.

Volume 34 Issue 1, Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

Volume 34 Issue 2, Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

Is Fame All There Is? - Beating Global Monopolists At Their Own Marketing Game, 40 Geo. Wash. Int'l L. Rev. 123 (2008), Doris E. Long

UIC Law Open Access Faculty Scholarship

In the global economy of the twenty-first century, "coca-colanization" has become a painful economic reality for developing nations. With new branding strategies and a legal protection regime that favors the famous marks of global monopolists, local businesses are not only losing market share, they are also losing their ability to compete in a new environment where leveraged marks often have little relevance to the actual value of the products or services for local consumers. To counter these trends, and add rationality to the global trademark regime, developing countries must develop new strategies and a conscious policy that not only values …

Dionysian Disarmament: Security Coucil Wmd Coercive Disarmament Measures And Their Legal Implication, James D. Fry

Michigan Journal of International Law

This Article provides the first comprehensive legal analysis of the Security Council's coercive disarmament and arms control measures involving weapons of mass destruction (WMD). In the process of providing this legal analysis, it presents a fresh perspective on a variety of widely held beliefs about disarmament and arms control law, as well as about U.N. law.

Trademarks And The Beijing Olympics: Gold Medal Challenges, 7 J. Marshall Rev. Intell. Prop. L. 433 (2008), Doris E. Long

UIC Review of Intellectual Property Law

There is no question that the Summer Olympics in Beijing pose a tremendous marketing opportunity. They also pose a great opportunity for the development of effective techniques for enforcing intellectual property rights. China has already enacted special regulations governing the protection of Olympic symbols and has established special regulations governing the enforcement of those regulations. Yet many of the cultural and political issues that impact China’s enforcement activities in other arenas (including counterfeiting and piracy of IP protected goods and services) remain problematic. Furthermore, while the Olympic symbols may be the subject of heightened protection, cultural perceptions of the differences …

"The Constitution Follows The Flag...But Doesn't Quite Catch Up With It": The Story Of Downes V. Bidwell, Pedro A. Malavet

UF Law Faculty Publications

Some may consider a 1901 case to be ancient history, but Downes v. Bidwell and its progeny still govern all of these regions. This chapter will explore the Insular Cases as a way to understand the role of race in articulating the relationship between American territorial expansion and American citizenship-between American empire and American democracy. The chapter begins by historicizing the Downes opinion. My aim here is threefold: (1) to provide a brief description of the effects of Spanish colonial rule on Puerto Rico; (2) to set forth the circumstances leading up to the Spanish American War; and (3) to …

Cuban Claims: Embargoed Identities And The Cuban-American Oedipal Conflict (El Grito De La Yuma), Jose M. Gabilondo

Faculty Publications

No abstract provided.

Human Rights, Social Justice And State Law: A Manual For Creative Lawyering, Program On Human Rights And The Global Economy, National Economic And Social Rights Initiative (Nesri), Human Rights Institute

Human Rights Institute

This manual is written to help lawyers consider the role of transnational law as an interpretive tool in state constitutional and other state law litigation to protect economic and social rights.9 In Chapter I, the manual provides an overview of the relationship between state law and transnational law. In Chapter II, the manual covers key economic and social rights and provides examples of how courts have found those rights to be justiciable in a range of contexts. The principal economic and social rights discussed in Chapter II are:

• The right to health
• The right to housing
• The right to food …

Are Eu Trade Sanctions On Burma Compatible With Wto Law?, Robert L. Howse, Jared M. Genser

Michigan Journal of International Law

This Article will explore the European Union's approach to Burma. The European Union, until recently, has implemented quite limited trade sanctions against the Burmese junta. According to the most recent figures, E.U. countries still import €306 million ($454 million) of commodities and products, ninety-five percent of which are textiles, timber, gems, and precious metals. However, the Common Position of November 19, 2007, strengthens considerably E.U. measures against the Burmese regime and contains a ban on the importation of these goods from Burma. Further, the Common Position requires E.U. countries to prohibit intentional and knowing "participation" in activities that "directly or …

Dutch Treat: Netherlands Judiciary Only Goes Halfway Towards Adopting Delaware Trilogy In Takeover Context, Danielle Quinn

Vanderbilt Journal of Transnational Law

This Note examines Dutch takeover law in light of the current inter-EU competition to attract entities to individual Member States. The recent hostile takeover of the Dutch bank, ABN AMRO, provides an excellent example of the Netherlands' opportunity to use its judiciary to solidify its reputation as a competitive, business-friendly jurisdiction. The Dutch Enterprise Chamber can aid the Netherlands in becoming the preeminent EU country--a similar status to Delaware's Chancery Court in the United States. Although the Enterprise Chamber attempted to introduce Delaware law in ABN AMRO, it unfortunately misapplied the law. As a result, the Dutch Supreme Court had …

The Subprime Mortgage Crisis: Will It Change Foreign Investment In Us Markets?, Lindsay Joyner

South Carolina Journal of International Law and Business

No abstract provided.

A Tale Of Two Networks: Terrorism, Transnational Law, And Network Theory, Christopher J. Borgen

Faculty Publications

Talk of networks and "network theory" has become almost ubiquitous in the field of counterterrorism. Terrorist organizations are networks. Terrorists have been empowered by the Internet, ethnic diasporas, and cell phones—networks all. Many of the putative targets of terrorists—electrical grids, oil pipelines, and transportation systems, to name a few—are themselves networks. And, perhaps less often mentioned, terrorists are increasingly hampered by national and international laws that foster cooperation and coordination among states—a network of laws.

From "smart mobs" to "net wars," from narco-trafficking to the Internet, network theory has provided insights into decentralized social organizations and their coordinated action. Both …

Commercial Peace And Political Competition In The Crosshairs Of International Arbitration, Thomas E. Carbonneau

Faculty Scholarship

This article examines the mixed effect of arbitration upon the generation of international law norms; in particular, how arbitration can generate private law norms so effectively and yet still face strong resistance in public international law processes and controversies. The work of arbitration for international commercial litigation has been nothing less than spectacular. In both the private international and domestic civil contexts, arbitration has provided viable remedial solutions and functional adjudication when the law was either nonexistent or incapacitated. It has supplied a workable and adaptable trial system, which-on the international side-could also generate substantive legal norms. Arbitration thereby has …

Home State Responsibility And Local Communities: The Case Of Global Mining, Sara L. Seck

Articles, Book Chapters, & Popular Press

Home states that are actively engaged in global mining have considered and rejected calls to regulate the conduct of transnational mining corporations so as to prevent and remedy human rights and environmental harms. This reluctance to regulate is often expressed as a concern that extraterritorial regulation will conflict with the sovereignty of foreign states. This paper argues that the public international law of jurisdiction is permissive of home state regulation that can be justified under the nationality or territoriality principles, provided that there is no true conflict with an exercise of host state jurisdiction. In the human rights and environment …

The Human Rights Quagmire Of 'Human Trafficking', James C. Hathaway

Articles

Support for the international fight against "human trafficking" evolved quickly and comprehensively. The campaign launched by the UN General Assembly in December 19981 led to adoption just two years later of the Trafficking Protocol to the UN Convention against Organized Crime.2 U.S. President George W. Bush was among those particularly committed to the cause, calling for collective effort to eradicate the "special evil" of human trafficking, said by him to have become a "humanitarian crisis."3 One hundred and twenty-two countries have now ratified the Trafficking Protocol, agreeing in particular to criminalize trafficking and to cooperate in investigating and prosecuting allegations …

Prosecuting Aggression, Noah Weisbord

Faculty Publications

The Assembly of States Parties to the International Criminal Court will soon have its first opportunity to revise the Rome Statute and activate the latent crime of aggression, which awaits a definition of its elements and conditions for the exercise of jurisdiction. The working group charged with drafting a provision is scheduled to complete its task by 2008 or 2009, one year before the International Criminal Court’s first review conference.

Beginning with a history of the crime meant to put the current negotiations in the context of past initiatives, this article sets out the status of the negotiations and begins …