International Law Commons^™

Building Multilateral Anticorruption Enforcement: Analogies Between International Trade & Anti-Bribery Law, Rachel Brewster, Christine Dryden

Faculty Scholarship

In the last twenty years, the United States government has put substantial resources behind the fight against .foreign bribery by using the Foreign Corrupt Practices Act (FCPA) to prosecute unilaterally foreign and domestic companies who engage in corruption abroad. The United States is not entirely alone in this effort, but other countries have been far less vigorous in investing resources in investigations and prosecuting cases. Because of the unilateral and extraterritorial nature of FCPA prosecutions, these cases are sometimes controversial as foreign governments resist American influence in their commercial relations.

In response to this international tension, as well as a …

The State Of Investor-State Arbitration: A Reality Check Of The Issues, Trends, And Directions In Asia-Pacific, Julien Chaisse, Rahul Donde

The International Lawyer

No abstract provided.

Protection Of Regulatory Autonomy And Investor Obligations: Latest Trends In Investment Treaty Design, Klara Polackova Van Der Ploeg

The International Lawyer

No abstract provided.

Rule Of Law In The U.A.E.: The Peaceful Path To Nation-Building In Abu Dhabi And The U.A.E. Through Global Best Practices, Valerie J. Pelton

The International Lawyer

No abstract provided.

Bremaining In Vogue: The Impact Of Brexit On The Fashion Industry, Natalie Cuadros

American University Business Law Review

No abstract provided.

Foreign Patent Decisions And Harmonization: A View Of The Presumption Against Giving Foreign Patent Decisions Preclusive Effect In United States Proceedings In Light Of Patent Law International Harmonization, Roberto Rosas

Faculty Articles

Where there is a United States patent, there are also likely multiple foreign counterpart patents. Armed with a patent, a holder can then move to stop others from infringing on his invention, and more often than not, the defendant will argue that the United States patent is invalid, often citing foreign decisions and proceedings in support of that claim. Given the territorial nature of patents and the fact that countries have different requirements and standards for granting patents, United States courts have applied a presumption against giving preclusive effect to foreign patent decisions. The courts, however, have made clear that …

Tax Cuts And Jobs Act Reverses Short Lived Grecian Magnesite Mining Holding: Will The U.S. Depart From Global Norms In Tax Treaty Interpretation?, Jonathan William Benowitz

Loyola University Chicago International Law Review

No abstract provided.

Failed Herd Immunity: American Business Compliance And The United States Cyber-Security Policy's Clash With The European Union's General Data Protection Act, William Dimas

Loyola University Chicago International Law Review

No abstract provided.

Human Rights, Christine M. Chinkin

Book Chapters

The legalisation and judicialisation of international human rights have founded arguments that human rights constitutes a sub-discipline of international law, a ‘distinct jurisprudential phenomenon’, indeed a ‘special law’, central to the anxieties about the fragmentation of international law. The human rights world is a very different one from that envisaged by the VCLT: the latter is an empty, amoral world where States have reciprocal dealings only with other States, where there are no people hurt by States’ actions and demanding reparations, no international institutions creating special mechanisms peopled by experts for monitoring and reporting and no non-governmental organizations (NGOs) demanding …

The Meaning Of Gravity At The International Criminal Court: A Survey Of Attitudes About The Seriousness Of Mass Atrocities, 24 U.C. Davis J. Int'l L. & Pol'y 209 (2018), Stuart Ford

UIC Law Open Access Faculty Scholarship

Gravity is an enormously important concept at the International Criminal Court (ICC). The word appears nine times in the Rome Statute and is crucial at every stage of the proceedings. It is an important factor in decisions about which situations to investigate, which individuals the court will try, and what sentences to impose on those convicted of violating international criminal law.

Gravity may also be important for the long-term success of the court. The Rome Statute states that the ICC will exercise jurisdiction over “the most serious crimes” that “deeply shock the conscience of humanity.” It also claims that the …

Escaping The Logic Of Anarchy: A New Model Of Collective Security, Bryan H. Druzin

Cardozo Journal of Conflict Resolution

Past attempts to create collective security, such as the League of Nations and the United Nations, have failed. This article argues that this is because the anarchic structure of the international system does not permit a top-down approach to the problem. It is argued that the solution is to create a collective security model that is bottom-up rather than top-down.

This article proposes a model of collective security that uses positive feedback generated by network effects to trigger the bottom-up emergence of a global collective security organization. Driven by fear and self-interest, weak states join this fledgling organization, increasing its …

A Hierarchy Of The Goals Of International Criminal Courts, 27 Minn. J. Int'l L. 179 (2018), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

This Article represents the first attempt to systematically assess and compare the goals of international criminal courts to one another. To compare them, it focuses on their expected value. This is the value of the benefit that would occur if the goal were to be achieved, multiplied by the likelihood that it will be achieved. This approach allows for goals of differing value and likelihood of achievement to be compared to one another. The goal with the highest expected value is the goal that is most important and that international criminal courts should prioritize.

This Article demonstrates that it is …

Setbacks In Regulatory Data Protection Confront Innovative Drug Developers In The Russian Federation, Bruce Mcdonald, Vladislav Ugryumov, Denis Kolesnikov

The International Lawyer

No abstract provided.

Minimum International Norms For Managing Space Traffic, Space Debris, And Near Earth Object Impacts, Paul B. Larsen

Journal of Air Law and Commerce

No abstract provided.

General Principles Of Procedural Law And Procedural Jus Cogens, S. I. Strong

Faculty Publications

General principles of law have long been central to the practice and scholarship of both public and private international law. However, the vast majority of commentary focuses on substantive rather than procedural concerns. This Article reverses that trend through a unique and innovative analysis that provides judges, practitioners, and academics from around the world with a new perspective on international procedural law. The Article begins by considering how general principles of procedural law (international due process) are developed under both contemporary and classic models and evaluates the propriety of relying on materials generated from international arbitration when seeking to identify …

Yes, There Is Such A Thing As Too Much Transparency, Sam F. Halabi

Faculty Publications

In a world where secret meetings and resulting agreements seem particularly suspect, it might be tempting to think that the growing norm of transparency might keep the world a more harmonious place. Woodrow Wilson famously extolled the virtues of "open covenants of peace, openly arrived at...." Ashley Deeks, in her recent article, A (Qualified) Defense of Secret Agreements, asks us to think again of this norm and dictum. Her article is one I like a lot, and I hope others active in the study and shaping of international law and international relations do as well.

Special Feature: Eighth Colloquium On Challenges In International Refugee Law, James C. Hathaway

Michigan Journal of International Law

It is our hope that, as in the case of earlier Michigan Guidelines on the International Protection of Refugees, these unanimously agreed standards will inspire a thoughtful and principled debate among scholars, officials, and judicial and other refugee law decision-makers committed to the legally accurate and contextually sound application of international refugee law norms.

The Michigan Guidelines On Refugee Freedom Of Movement

Michigan Journal of International Law

Despite the clear legal foundation of refugee freedom of movement at international law, states are also committed to the deterrence of human smuggling and trafficking, to the maintenance of effective general border controls, to safeguarding the critical interests of receiving communities, and to effectuating safe and dignified repatriation when refugee status comes to an end. Legal obligations to respect refugee freedom of movement therefore co-exist with, and must be reconciled to, other important commitments.

The International Right To Health Care: A Legal And Moral Defense, Michael Da Silva

Michigan Journal of International Law

In the following, I outline the case against the international right to health care and explain why recognition of such a right is still necessary. The argument is explicitly limited to international human rights law and is primarily descriptive in nature, but I go on to explain the moral reasons to accept this account. Both the positive law and moral reasoning could be used in other health rights debates, but I do not attempt to make such claims here.

The structure of my work is as follows. I first outline three problems with recognizing an international right to health care. …

Refugees And The Right To Freedom Of Movement: From Flight To Return, Marjoleine Zieck

Michigan Journal of International Law

This background study focuses on the right to freedom of movement of refugees. It reviews the law pertaining to this freedom from the perspective of the spatial journey of refugees. This focus on the law means that extralegal considerations will not be taken into consideration. The analysis will not proceed from any perceived need for limits that should be accepted as “a product of realism about the strains that migration, especially high-volume migration or sudden influxes, can bring to a society.”