International Law Commons^™

Superficie Rights And Usufruct In Cuba: Are They Real, Title Insurable Rights, Jose Manuel Palli

Law and Business Review of the Americas

No abstract provided.

Resolving U.S. Expropriation Claims Against Cuba: A Very Modest Proposal, Matias F. Travieso-Diaz

Law and Business Review of the Americas

No abstract provided.

Front Matter

Law and Business Review of the Americas

No abstract provided.

U.S. And Anglo-Australian Decisions On A Husband's Right To Prevent Abortion, J. Kodowo Bentil

The Catholic Lawyer

No abstract provided.

Unpacking The Deterrent Effect Of The International Criminal Court: Lessons From Kenya, Yvonne M. Dutton, Tessa Alleblas

St. John's Law Review

(Excerpt)

This Article proceeds as follows. Part I begins by explaining deterrence theory in more detail. It follows with an overview of the debate surrounding the ability of international criminal tribunals and the ICC to produce a deterrent effect.

In Part II, we advance our argument regarding the need to reframe the debate about the ICC’s potential to deter. We explain the reasons why the ICC’s deterrent effect must be unpacked and, in doing so, we describe several factors that influence whether and under what conditions the ICC should or should not be able to deter. In Part III, we …

How To Read International Criminal Law: Strict Construction And The Rome Statute Of The International Criminal Court, Caroline Davidson

St. John's Law Review

(Excerpt)

The Article proceeds in four parts. Part I introduces the Rome Statute’s provision on nullum crimen sine lege, focusing in particular on its requirements that judges strictly construe crime definitions, construe ambiguous provisions in favor of defendants, and avoid crime creation by analogy. It offers working definitions for relevant concepts and describes some of the difficulties in applying them, particularly in light of the Rome Statute’s provision setting out the sources of law the court is to consider. Part II asks whether strict construction makes sense in the context of international crimes. It assesses the values that undergird the …

Reflections On Forty Years Of Private Practice And Sustained Pro Bono Advocacy, Stephen H. Oleskey

Maine Law Review

I am going to address two topics. The first is the one Judge Coffin asked me to address in October 2009, when I was invited to give the 2010 Coffin Lecture: how to combine the private practice of law with an active pro bono practice. The second topic is the one Dean Peter Pitegoff and I agreed to add: a brief discussion of legal developments in national security law since 9/11. My pro bono involvement in Guantanamo Habeas litigation began in 2004 and led directly to my interest in national security law and to my recognition of how difficult it …

A Review Of Nafta Investor-State Dispute Settlement Claims From 2007 To 2017, Phuong Tran

Law and Business Review of the Americas

No abstract provided.

The Economy, Environment, And Politics In The Canadian Pipeline Regulatory Process, Brooke Neal

Law and Business Review of the Americas

No abstract provided.

Peace, Economics, And Transitional Justice, Kenneth B. Haesly Ii

Law and Business Review of the Americas

No abstract provided.

Brazil Finally Cleans Up Its Act With The Clean Company Act: The Story Of A Nation's Long-Overdue Fight Against Corruption, Zachary B. Tobolowsky

Law and Business Review of the Americas

No abstract provided.

Lawyers And The Panama Papers: How Ethical Rules Contribute To The Problem And Might Provide A Solution, Mike Donaldson

Law and Business Review of the Americas

On the evening of January 31, 2016, I sat down to follow a Sunday night routine shared by millions of Americans: I watched 60 Minutes. An hour later, I was mad. For the first time in my life I felt a little embarrassed to be a lawyer. What ruined my Sunday evening? I watched Steve Kroft's report on the Global Witness Investigation "Undercover in New York," in which an undercover Global Witness investigator visited thirteen New York lawyers. The investigator posed as a representative of a fictitious African government official who wanted to bring a large amount of suspicious money …

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 …