Jurisdictional Choice For Space Resource Utilization Projects: Current Space Resource Utilization Laws,
2024
Santa Clara Law
Jurisdictional Choice For Space Resource Utilization Projects: Current Space Resource Utilization Laws, Giannoni-Crystal, Francesca
Santa Clara Journal of International Law
Space resource utilization is coming. While some legal impediments exist, they are not insurmountable. The ban on the appropriation of resources found in Article II of the Outer Space Treaty (“OST”) does not apply to extracted resources, according to the most reasonable interpretation of Article II and the view held by almost all countries and the overwhelming majority of scholars. The Moon Agreement is not a barrier to space resource utilization because it has not been adopted by many countries (and none of the major space-faring ones). By contrast, the Artemis Accords, which have been signed by a significant number …
The Relationship Between International Criminal Tribunals And National Militaries,
2024
Mississippi College School of Law
The Relationship Between International Criminal Tribunals And National Militaries, Frank Rosenblatt
Journal Articles
This article studies the possibilities and perils of international criminal tribunals collaborating with national military forces to support the investigation and prosecution of international crimes. It does so through a case study of Bosnia-Herzegovina in 2002, where a multinational military peacekeeping coalition called Stabilisation Force (SFOR) headquartered in Sarajevo supported the work of the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague. Through that case study, the article extracts larger lessons potentially applicable to other post-conflict scenarios involving both military forces and international courts. Some ways that militaries and tribunals can work together are familiar, such as …
Do Ndcs Submitted By The Parties Under The Paris Agreement Imply Binding Commitments? A Legal Analysis,
2024
JSD Candidate, Berkeley Law
Do Ndcs Submitted By The Parties Under The Paris Agreement Imply Binding Commitments? A Legal Analysis, Sharaban Tahura Zaman
American University International Law Review
NDCs submitted by State Parties under the PA genuinely do not represent commitments and intentions from the author State to be legally bound by the pledges they’ve communicated within their submitted NDCs. While NDCs reflect the political will and aspirations of nations, tied to their socio-economic realities, they lack concrete, enforceable domestic mitigation standards. This dilemma poses pressing questions: If NDCs are primarily political declarations and domestic courts don’t hold states accountable for their submitted mitigation targets, how can we ensure states fulfill their pledges for mitigation? Can NDCs genuinely drive state behavioral change for energy transition? Furthermore, there is …
Sticker Shock: The Icj, Russia, And A $300 Billion Price Tag For War,
2024
American University Washington College of Law
Sticker Shock: The Icj, Russia, And A $300 Billion Price Tag For War, Caitlyn Quinn
American University National Security Law Brief
Ukraine has experienced unprecedented devastation since Russia launched a full scale invasion into its Eastern territory in February 2022. Thousands have been killed, and billions of dollars of infrastructure has been damaged. As a result, over the past three years, the international community has been evaluating ways to hold Russia accountable and to help rebuild Ukraine upon the cessation of the war. Billions of dollars in Russian Central Bank assets have been frozen, and multiple states have proposed seizing Russia’s frozen assets to meet these objectives. However, outright asset seizure presents genuine legal concerns about foreign sovereign immunity and may …
The Eu-China Cai And The Uyghur Challenge In The Context Of China's Domestic Law Barriers To International Labor And Human Rights Standards,
2024
University of Hawaii Law School
The Eu-China Cai And The Uyghur Challenge In The Context Of China's Domestic Law Barriers To International Labor And Human Rights Standards, Ronald C. Brown
American University Business Law Review
While China engages in world commerce as a global player and is signatory to international labor and human rights standards, at the same time it uses treaty reservations and its own domestic laws to limit and undermine the full application of those standards. Concern from Western governments and global human rights groups regarding China’s longstanding treatment of the Uyghur people has resulted in a freeze in negotiations for the EU-China Comprehensive Investment Agreement (CAI). This was also a result of China’s failure to ratify or implement relevant United Nations (U.N.) covenants and International Labour Organization (ILO) conventions and placing reservations …
Too Much Domestic Law In International Arbitration: The Case Of Arbitral Res Judicata,
2024
American University Washington College of Law
Too Much Domestic Law In International Arbitration: The Case Of Arbitral Res Judicata, Luca G. Radicati Di Brozolo
American University Business Law Review
This paper is the text of the 19th Annual Lecture on International Arbitration given by the author at the Center on International Commercial Arbitration of the American University Washington College of Law in Washington, D.C. on October 19, 2023.
The Elusive Reform Of International Tax Dispute Settlement,
2024
University of Florida Levin College of Law
The Elusive Reform Of International Tax Dispute Settlement, Yariv Brauner
UF Law Faculty Publications
This short article examines the consequences of a lack of an effective international tax dispute resolution regime. The bilateral treaties based, and OECD-dominated international tax regime is at crossroads as the illegitimacy of the OECD and the anachronism of some of the norms of the regime are being exposed and challenged, especially by developing states and the UN. The weak dispute settlement procedure in tax treaties (mutual agreement procedure) has proven to be ineffective, further contributing to the destabilization of the regime. The article argues that a stronger, multilateral and more legalized regime such as mandatory tax treaty arbitration is …
Private Climate Governance Of Finance: "Net Zero" Prospects And Politics.,
2024
Indiana University Maurer School of Law
Private Climate Governance Of Finance: "Net Zero" Prospects And Politics., Cynthia A. Williams
Articles by Maurer Faculty
In 2021, as part of the COP26 climate negotiations in Glasgow, the Glasgow Financial Alliance for Net Zero (“GFANZ”) was announced. This Alliance of banks, asset managers, and insurance companies, among other financial institutions, with more than $130 trillion of assets under management when announced, was based on a pledge by the participating companies to work towards net-zero status in their businesses by 2050 or sooner. Led by former UK Bank of England Governor Mark Carney, who is now the U.N.’s Special Envoy on Climate, it seemed to have some promise as a “soft law” governance mechanism to develop voluntary …
Exiting The Disaster, Evading The Responsibility? Wadi Al-Qamar -- The Moon Valley,
2024
American University Washington College of Law
Exiting The Disaster, Evading The Responsibility? Wadi Al-Qamar -- The Moon Valley, Suzan Nada
Perspectives
This essay explores a case that delivered no results for the complainants, where harm was not prevented, and where stakeholders who filed the complaint were not compensated. Investigated by the Compliance Advisor Ombudsman (CAO) of the International Finance Corporation (IFC), the Wadi al-Qamar case illustrates some of the limitations of accountability mechanisms in limiting the harms caused directly or indirectly by projects in which the International Financial Institutions (IFIs) invest.
Shareholder Primacy Versus Shareholder Accountability,
2024
Seattle University School of Law
Shareholder Primacy Versus Shareholder Accountability, William W. Bratton
Seattle University Law Review
When corporations inflict injuries in the course of business, shareholders wielding environmental, social, and governance (“ESG”) principles can, and now sometimes do, intervene to correct the matter. In the emerging fact pattern, corporate social accountability expands out of its historic collectivized frame to become an internal subject matter—a corporate governance topic. As a result, shareholder accountability surfaces as a policy question for the first time. The Big Three index fund managers, BlackRock, Vanguard, and State Street, responded to the accountability question with ESG activism. In so doing, they defected against corporate legal theory’s central tenet, shareholder primacy. Shareholder primacy builds …
Verses Turned To Verdicts: Ysl Rico Case Sets A High-Watermark For The Legal Pseudo-Censorship Of Rap Music,
2024
Seattle University School of Law
Verses Turned To Verdicts: Ysl Rico Case Sets A High-Watermark For The Legal Pseudo-Censorship Of Rap Music, Nabil Yousfi
Seattle University Law Review
Whichever way you spin the record, rap music and courtrooms don’t mix. On one side, rap records are well known for their unapologetic lyrical composition, often expressing a blatant disregard for legal institutions and authorities. On the other, court records reflect a Van Gogh’s ear for rap music, frequently allowing rap lyrics—but not similar lyrics from other genres—to be used as criminal evidence against the defendants who authored them. Over the last thirty years, this immiscibility has engendered a legal landscape where prosecutors wield rap lyrics as potent instruments for criminal prosecution. In such cases, color-blind courts neglect that rap …
International Arbitration Of Sep Frand Royalties,
2024
Touro University Jacob D. Fuchsberg Law Center
International Arbitration Of Sep Frand Royalties, Steven Pepe, Samuel Brenner, Michael Morales
Touro Law Review
Standard-essential patent royalty disputes have typically been litigated in U.S. federal district courts, but patent owners have recently started to file suit in courts across the globe, leading to issues of comity, anti-suit injunctions, and increased litigation costs. International arbitration provides a unique forum for parties to litigate these royalty disputes and avoid, or at least lessen the burden, of these issues. This Article explores the advantages and disadvantages of using international arbitration to resolve standard-essential patent royalty disputes.
Australia As A Model For Batson Reform,
2024
Notre Dame Law School
Australia As A Model For Batson Reform, Evan M. Luellen
Notre Dame Journal of International & Comparative Law
No abstract provided.
Letter From The Editor,
2024
Notre Dame Law School
Letter From The Editor, Barrett Cole
Notre Dame Journal of International & Comparative Law
No abstract provided.
Global Civil Justice,
2024
Bocconi University of Milan
Global Civil Justice, Cesare Cavallini
Notre Dame Journal of International & Comparative Law
No abstract provided.
Constraining Constitution-Making,
2024
University of Chicago
Constraining Constitution-Making, Adam Chilton, Cristián Eyzaguirre, David Landau, Mila Versteeg
Scholarly Publications
Whether constitution-making should be constrained has long been debated, but little is known about whether it is possible. We make several contributions to this question. We start by providing a typology of three types of constraints on constitution-making: Substantive, Procedural, and Institutional. We next develop a positive theory of when these constraints are likely to influence drafters' behavior. We then use a mixed-methods approach to explore these ideas in the context of Chile's constitutional reform process. In a survey experiment conducted in Chile before citizens voted on the draft constitution, we find that most respondents supported constraints in the abstract, …
An International Law Framework For Climate-Aligned Investment Governance,
2024
Columbia Law School, Columbia Center on Sustainable Investment
An International Law Framework For Climate-Aligned Investment Governance, Martin Dietrich Brauch, Elena Klonsky, Fanny Marie Everard, Qiaozi Guanglin, Tyler Alviano, Justin Cuddihey, Mary Wang
Columbia Center on Sustainable Investment
The January 2024 CCSI Working Paper, An International Law Framework for Climate-Aligned Investment Governance, outlines a framework — and invites and hopes to inspire further thinking, research, and discussion — on how to bridge gaps and build cohesion among various areas of international law relevant to investment in climate mitigation and adaptation. The working paper identifies areas of international law that are or could be relevant to investment governance, highlights points of inconsistency, and proposes a framework to reform and integrate international law with the objective of promoting and facilitating climate investment flows and achieving climate-aligned regulation of investment.
Climatizing National Security,
2024
Emory University School of Law
Climatizing National Security, Mark P. Nevitt
Faculty Articles
Is climate change a national security issue? Human security? Ecological security? This Article addresses the growing nexus between climate change and various conceptions of security with a particular emphasis on climate change's national security impacts. This Article argues that there is a growing connection between national security and climate change and a corresponding need to address the normative implications of "climatizing national security." This connection can be observed through three lenses: mitigation (reducing greenhouse gas emissions from military and national security sources); adaptation (investing in climate resilient infrastructure in an effort to prepare for climate impacts), and response (addressing climate-exacerbated …
Environmental War, Climate Security, And The Russia-Ukraine Crisis,
2024
Emory University School of Law
Environmental War, Climate Security, And The Russia-Ukraine Crisis, Mark P. Nevitt
Faculty Articles
This Article addresses the Russia-Ukraine conflict’s broad implications for energy security, climate security, and environment protections during wartime. I assert that in the short-term the Russian-Ukraine war is poised to hinder much-needed international climate progress. It will stymie international decarbonization efforts and cause greater uncertainty in other climate-destabilized parts of the world, such as the Arctic. While Russia has become a pariah in the eyes of the United States and other Western nations, it has forged new partnerships and capitalized on new, lucrative energy markets outside the West and Global South. But in the long term, the global renewable energy …
Legal Risk And Accountability In Development Finance: Lessons From Jam V. International Finance Corporation,
2024
American University Washington College of Law
Legal Risk And Accountability In Development Finance: Lessons From Jam V. International Finance Corporation, Michelle Harrison, Shannon Marcoux
Perspectives
In a landmark decision in 2019, the U.S. Supreme Court ruled in Jam v. International Finance Corporation that international organizations like the International Finance Corporation (IFC), the private lending arm of the World Bank Group, can be sued in U.S. courts, ending the “absolute immunity” from suit that they had long claimed. The Jam lawsuit arose out of IFC’s gross mishandling of the Tata Mundra coal-fired power plant project in Gujarat, India, which has destroyed the livelihoods, environment, and way of life of local communities living in its shadow. The lawsuit, and especially the clash between IFC’s sweeping assertions of …
