Transnational Legal Ordering And Regulatory Conflict: Lessons From The Regulation Of Cross-Border Derivatives,
2017
Indiana University Maurer School of Law
Transnational Legal Ordering And Regulatory Conflict: Lessons From The Regulation Of Cross-Border Derivatives, Hannah L. Buxbaum
Articles by Maurer Faculty
This paper is about the theory and practice of transnational legal ordering. It seeks to gain insight into how transnational legal orders advance by examining one particular problem: the regulation of over-the-counter derivatives. It focuses on events following the global financial crisis, which exposed the deficiencies of the existing regulatory order in identifying and containing the risks created by trading in those securities. In the aftermath of the crisis, the cross-border systemic risk created by OTC derivatives trading was characterized as a problem of global dimension that necessitated a global response. A wide array of actors and institutions, both domestic …
China's And India's Differing Investment Treaty And Dispute Settlement Experiences And Implications For Africa,
2017
Villanova University Charles Widger School of Law
China's And India's Differing Investment Treaty And Dispute Settlement Experiences And Implications For Africa, Won Kidane
Faculty Publications
This Article examines China’s and India’s differing investment treaty and dispute settlement experiences and the resulting implications for Africa. It attempts to answer the question of whether there is evidence of China’s and India’s attempt to take advantage of the default structural imbalance enabled by centuries of international investment laws and institutions that favor the investor. The Article begins by presenting the background of the current economic reality and trends that necessitate the evaluation of the existing rules and institutions. It then presents a detailed assessment of this phenomenon by focusing on the investment cases brought against India for context, …
The Globalization Of Entrepreneurial Litigation: Law, Culture, And Incentives,
2017
Columbia Law School
The Globalization Of Entrepreneurial Litigation: Law, Culture, And Incentives, John C. Coffee Jr.
Faculty Scholarship
The fiftieth anniversary of Rule 23’s adoption in 1966 provides an opportunity to consider how legal change occurs. Law, culture, and incentives all play a role. But which dominates? The adoption of Rule 23 preceded a significant surge in the use of the class action, and some areas of litigation came to depend on Rule 23’s availability (e.g., securities litigation, antitrust litigation, and, for a time, mass torts litigation). Perhaps even more importantly, Rule 23 spurred the growth of the plaintiff’s bar, enabling small firms with a handful of lawyers to develop into major institutional firms of one hundred or …
Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots,
2017
United States Air Force
Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots, Earl W. Burress Jr.
Journal of Aviation/Aerospace Education & Research
Currently, U.S. air carriers do not provide equipment or training necessary to mitigate the risk posed by surface-to-air fire (SAFIRE) threats. These threats consist of self-guided weapons (infrared shoulder-fired surface-to-air missiles), manually-aimed threats (small arms, recoilless grenade launchers, rockets, and light anti-aircraft artillery), and hand-held lasers. Technological solutions to counter infrared shoulder-fired missiles have been explored, but were rejected due to prohibitive equipment and maintenance costs. A lower cost option, providing air-carrier pilots with SAFIRE risk-reduction training, has not been formally addressed by the air-carrier industry or the U.S. federal government. This effort will use a business concept, the Cost-Benefit …
The Eu As A Global Actor In Reforming The International Investment Regime In Light Of Sustainable Development,
2017
Singapore Management University
The Eu As A Global Actor In Reforming The International Investment Regime In Light Of Sustainable Development, Stefanie Schacherer
Research Collection Yong Pung How School Of Law
The international investment law regime is undergoing a process of reform. The guiding paradigm of this reform is the principle of sustainable development. The EU, through its exclusive competence over foreign direct investment, has become a significant actor on the stage of international investment law governance. According to recent statements of the EU institutions, the EU seeks to shape its policy to be consistent with the principle of sustainable development. In more concrete terms this means that EU investment law making shall be consistent with core labour standards, environmental protection and the conservation of natural resources as well as with …
From Territorial To Monetary Sovereignty,
2017
Columbia Law School
From Territorial To Monetary Sovereignty, Katharina Pistor
Faculty Scholarship
State sovereignty is closely intertwined with, but not limited to, control over territory and people. It has long been recognized that control over monetary affairs is a critical part of genuine sovereignty. In this Article, I go a step further and argue that the relevance and importance of territorial versus monetary sovereignty has shifted in favor of the latter. This shift goes hand in hand with the rise of credit-based financial systems. Such systems depend, in the last instance, on backstopping by an entity with control over its own money supply and no binding survival constraints. Only states with monetary …
Reply On The Work Of International Law,
2017
Columbia Law School
Reply On The Work Of International Law, Monica Hakimi
Faculty Scholarship
Thanks to the Harvard International Law Journal for hosting a symposium on my Article and to the four respondents for their thoughtful contributions. In the Article, I distill and then criticize a prominent view about the role of international law in the global order. The view — what I call the “cooperation thesis” — is that international law serves to foster a particular kind of cooperation, specifically to help the participants achieve their common aims and curb their disputes. Lawyers who subscribe to this view of course appreciate that international law is, like all law, often contentious in operation. But …
Constructing An International Community,
2017
Columbia Law School
Constructing An International Community, Monica Hakimi
Faculty Scholarship
What unites states and other global actors around a shared governance project? How does the group — what I will call an “international community” — coalesce and stay engaged in the enterprise? A frequent assumption is that an international community is cemented by its members’ commonalities and depleted by their intractable disagreements. This article critiques that assumption and presents, as an alternative, a theory that accounts for the combined integration and discord that actually characterize most global governance associations. I argue that conflict, especially conflict that manifests in law, is not necessarily corrosive to an international community. To the contrary, …
Industry Lobbying And "Interest Blind" Access Norms At International Organizations,
2017
University of Georgia School of Law
Industry Lobbying And "Interest Blind" Access Norms At International Organizations, Melissa J. Durkee
Scholarly Works
The standard approach of many international organizations (IOs) to non-governmental associations makes no formal distinctions between nonprofit private sector groups, known as trade or industry associations, and public interest groups. Thus, most IOs offer accreditation and access to both kinds of group on equal terms, without differentiating between them. I call this approach “interest blind” and use this short essay to examine its origins and consequences. Specifically, the approach has resulted in robust participation in international governance by industry and trade lobbying groups, which can affect the quality of deliberation at IOs and of the information that international officials and …
Writing Truth To Power: Remarks In Celebration Of Intlawgrrls’ Tenth Birthday,
2017
University of Georgia School of Law
Writing Truth To Power: Remarks In Celebration Of Intlawgrrls’ Tenth Birthday, Diane Marie Amann
Scholarly Works
These remarks begin with a brief history of the founding and development of IntLawGrrls blog, in order both to open the blog's tenth-anniversary conference and to introduce other conference presentations, three of which appear in this same edition of the Georgia Journal of International & Comparative Law. Noting the blog's tradition of honoring departed women as foremothers, the remarks nominates yet another: Sophie Scholl, a German student executed for her part in the White Rose movement that acted in resistance to the Nazi regime.
Debating Autonomous Weapon Systems, Their Ethics, And Their Regulation Under International Law,
2017
Columbia Law School
Debating Autonomous Weapon Systems, Their Ethics, And Their Regulation Under International Law, Kenneth Anderson, Matthew C. Waxman
Faculty Scholarship
An international public debate over the law and ethics of autonomous weapon systems (AWS) has been underway since 2012, with those urging legal regulation of AWS under existing principles and requirements of the international law of armed conflict, on the one side, in argument with opponents who favor, instead, a preemptive international treaty ban on all such weapons, on the other. This Chapter provides an introduction to this international debate, offering the main arguments on each side. These include disputes over defining an AWS, the morality and law of automated targeting and target selection by machine, and the interaction of …
Cyber Strategy & Policy: International Law Dimensions,
2017
Columbia Law School
Cyber Strategy & Policy: International Law Dimensions, Matthew C. Waxman
Faculty Scholarship
Important international law questions for formulating cyber strategy and policy include whether and when a cyber-attack amounts to an “act of war,” or, more precisely, an “armed attack” triggering a right of self-defense, and how the international legal principle of “sovereignty” could apply to cyber activities. International law in this area is not settled. There is, however, ample room within existing international law to support a strong cyber strategy, including a powerful deterrent. The answers to many international law questions discussed below depend on specific, case-by-case facts, and are likely to be highly contested for a long time to come. …
Astroturf Activism,
2016
University of Georgia School of Law
Astroturf Activism, Melissa J. Durkee
Scholarly Works
Corporate influence in government is more than a national issue; it is an international phenomenon. For years, businesses have been infiltrating international legal processes. They secretly lobby lawmakers through front groups: “astroturf” imitations of grassroots organizations. But because this business lobbying is covert, it has been underappreciated in both the literature and the law. This Article unearths the “astroturf activism” phenomenon. It offers an original descriptive account that classifies modes of business access to international officials and identifies harms, then develops a critical analysis of the laws that regulate this access. I show that the perplexing set of access rules …
Biodiversity Beyond National Jurisdiction: Current Debate And Indonesia's Interest,
2016
Faculty of Law, University of Virginia, USA
Biodiversity Beyond National Jurisdiction: Current Debate And Indonesia's Interest, Gulardi Nurbintoro, Haryo Budi Nugroho
Indonesia Law Review
The drafters of the 1982 UN Convention on the Law of the Sea (UNCLOS) have left behind a lacunae in terms of the regulations concerning Biodiversity in the Areas Beyond National Jurisdiction (BBNJ). As living organisms are found in the deep seabed in areas beyond national jurisdiction, as well as the utilization of marine genetic resources beyond national jurisdiction for commercial purposes, States are currently deliberating on the proper regime in dealing with the management and exploitation of the biodiversity. Some States argue that Part XI UNCLOS applies hence BBNJ is also part of the Common Heritage of Mankind. On …
Aviation Law: Warsaw Convention Liability Principles Extend To Damage From Terrorist Attack,
2016
University of Georgia School of Law
Aviation Law: Warsaw Convention Liability Principles Extend To Damage From Terrorist Attack, Leon Adams Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Legal Implications Of Direct Satellite Broadcasting – The U.N. Working Group,
2016
University of Georgia School of Law
Legal Implications Of Direct Satellite Broadcasting – The U.N. Working Group, Nancy M. Lesko
Georgia Journal of International & Comparative Law
No abstract provided.
Maintenance Of Value In The General Account And Valuation Of The Sdr In The Special Drawing Account Of The Imf,
2016
International Monetary Fund
Maintenance Of Value In The General Account And Valuation Of The Sdr In The Special Drawing Account Of The Imf, Robert C. Effros
Georgia Journal of International & Comparative Law
No abstract provided.
Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World,
2016
St. Louis University
Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World, Josef Rohlik
Georgia Journal of International & Comparative Law
No abstract provided.
The Legality Of Extraterritorial Application Of Competition Law And The Need To Adopt A Unified Approach,
2016
Louisiana State University Law Center
The Legality Of Extraterritorial Application Of Competition Law And The Need To Adopt A Unified Approach, Thanh Phan
Louisiana Law Review
The article focuses on the international law and the foundation of the extraterritorial application of competition law (EACL) and proposes a unified approach for all countries to use when considering the extraterritorial application of competition law.
Historical Trauma And Refugee Reception: Armenians And Syrian-Armenian Co-Ethnics,
2016
University of San Francisco
Historical Trauma And Refugee Reception: Armenians And Syrian-Armenian Co-Ethnics, Nicole M. Campos
Master's Theses
This thesis considers the ways in which Armenian history has influenced integration of Syrian-Armenian refugees into Armenia due to the ongoing Syrian War. Ethnic Armenian outlooks were analyzed relative to the influx of Syrian refugees, particularly co-ethnic Syrian-Armenians. Field work in Armenia found a sustained cultural impression of Armenians’ Soviet membership and genocide. Findings suggest that recognizing the importance of history as it may or may not affect migration reception policies and attitudes is important to developing sustainable resettlement environments, at least until repatriation or third-country resettlement becomes an option to migrants. Ultimately, this thesis argues that more attention must …
