El Bloqueo And Small Business: Revisiting Trademark Protections Amidst Changing United States-Cuba Relations,
2016
Loyola University Chicago, School of Law
El Bloqueo And Small Business: Revisiting Trademark Protections Amidst Changing United States-Cuba Relations, Christian Morgan
Loyola University Chicago International Law Review
No abstract provided.
Use And Abuse Of Pre-Trial Detention In Council Of Europe States: A Path To Reform,
2016
Loyola University Chicago, School of Law
Use And Abuse Of Pre-Trial Detention In Council Of Europe States: A Path To Reform, Sarah Nagy
Loyola University Chicago International Law Review
No abstract provided.
Effects Of European Soft Law At National Administrative Courts,
2016
Loyola University Chicago, School of Law
Effects Of European Soft Law At National Administrative Courts, Andras Kovacs, Tihamer Toth, Anna Forgacs
Loyola University Chicago International Law Review
No abstract provided.
The Emergence Of Hybrid International Commercial Courts And The Future Of Cross Border Commercial Dispute Resolution In Asia,
2016
Loyola University Chicago, School of Law
The Emergence Of Hybrid International Commercial Courts And The Future Of Cross Border Commercial Dispute Resolution In Asia, Firew Tiba
Loyola University Chicago International Law Review
The bulk of international commercial disputes are resolved by national courts. In Asia, regional international arbitration centres in places such as Shanghai, Hong Kong, Singapore, and Tokyo have also been partaking in these exercises albeit at varying levels of popularity. While commercial arbitrations remain popular, the influence of these bodies in driving convergence has been questioned. This has been in part due to the confidential nature of their awards and their ad hoc nature. The uptake of international commercial instruments in the region is growing, but the extent of harmonization of international commercial law remains weak. Even in countries such …
Keeping Dispute Resolution Costs Smaller Than Your Small Business: The Case For International Commercial Arbitration Under The New York Convention,
2016
Loyola University Chicago, School of Law
Keeping Dispute Resolution Costs Smaller Than Your Small Business: The Case For International Commercial Arbitration Under The New York Convention, Robert Schur
Loyola University Chicago International Law Review
No abstract provided.
Table Of Contents,
2016
Loyola University Chicago, School of Law
Table Of Contents, Loyola University Chicago International Law Review
Loyola University Chicago International Law Review
No abstract provided.
Trump's Foreign Policy: Realist Economic Nationalism,
2016
Loyola University Chicago, School of Law
Trump's Foreign Policy: Realist Economic Nationalism, Eric Engle
Loyola University Chicago International Law Review
This article presents newly-elected President Trump's proposed foreign policies, contextualizing them in the greater picture of U.S. global strategy. It argues that Trump's proposed foreign policies are largely a salutary reaction against repeated neoconservative errors, perpetrated by both Republicans and Democrats. However, like the younger President Bush, Trump pursues a unilateral approach to international relations. Trump's unilateralism risks repeating some of the unilateralist errors of the younger Bush. Moreover, Trump's policies to restrict immigration, raise wages, introduce tariffs, and pursue protectionist policies, if in fact implemented, will prove economically disastrous and will fail to deliver the promised prosperity for ordinary …
Deference To The Executive,
2016
University of Michigan Law School
Deference To The Executive, Julian Arato
Book Chapters
This chapter examines the practice of deference to the executive, by national courts, in the context of interpreting treaties. When faced with an issue of treaty interpretation, to what extent must a national court engage in its own independent analysis, and to what extent ought the court give weight to interpretations advanced by the executive branch? And if deference to the executive is permissible as a matter of international doctrine, what considerations ought to guide the manner of deference, and the determination of how much deference is appropriate? I argue that international law does not formally preclude national judicial deference …
An Assessment Of Recent Trade Law Developments From An Animal Law Perspective: Trade Law As The Sheep In Wolf's Clothing?,
2016
University of Basel
An Assessment Of Recent Trade Law Developments From An Animal Law Perspective: Trade Law As The Sheep In Wolf's Clothing?, Charlotte Blattner
Animal Law Review
Further development within the field of animal law seems to be at an impasse, lost among the potential paths presented by its traditional influences: international treaty law, domestic animal welfare regulations, and trade law. First, classical elements of global animal treaty law are limited to preservationist aspirations, insusceptible to the questions of how animals are treated or how they cope with their environment. Second, animal welfare regulation is understood as a matter confined to national territories. In cross-border dialogue, animal matters have been reduced to allegations of imperialism, which is not conducive to furthering animal interests. Third, animals are regarded …
The Human Rights Of Sea Pirates: Will The European Court Of Human Rights Decisions Get More Killed?,
2016
Barry University
The Human Rights Of Sea Pirates: Will The European Court Of Human Rights Decisions Get More Killed?, Barry Hart Dubner, Brian Othero
Faculty Scholarship
No abstract provided.
The Role Of U.S. Technology Companies As Enforcers Of Europe's New Internet Hate Speech Ban,
2016
University of Oklahoma College of Law
The Role Of U.S. Technology Companies As Enforcers Of Europe's New Internet Hate Speech Ban, Evelyn Aswad
Faculty Articles
No abstract provided.
International Investment Law And The Extractive Industries Sector,
2016
Columbia Law School, Columbia Center on Sustainable Investment
International Investment Law And The Extractive Industries Sector, Lise Johnson, Jesse Coleman
Columbia Center on Sustainable Investment Staff Publications
Since the 1990s, international investment law has been rapidly evolving, resulting in a complex web of over 3,000 investment treaties. These treaties have been used to challenge a wide range of host state actions and inactions that have allegedly negatively affected foreign investors or investments. Those challenges, in turn, expose host states to potentially significant financial costs, and can restrict the ability of such states to maximize the benefits, and limit the environmental and social harms, that can result from the exploitation of natural resources. This briefing note provides an introduction to international investment law, with a view to assisting …
Memorandum Of The American Bar Association Section Of International Law Working Group On The Implementation Of The Hague Convention On Choice Of Court Agreements,
2016
Southern Methodist University
Memorandum Of The American Bar Association Section Of International Law Working Group On The Implementation Of The Hague Convention On Choice Of Court Agreements, Glenn P. Hendrix
The International Lawyer
No abstract provided.
International Transportation,
2016
Southern Methodist University
International Transportation, Andrew M. Danas, Philip Peng
The International Lawyer
No abstract provided.
Women's Interest Network,
2016
Southern Methodist University
Women's Interest Network, Rong Kohtz, Jami Mills Vibbert, Sharon M. James
The International Lawyer
No abstract provided.
Africa,
2016
Southern Methodist University
Africa, Diepiriye Anga, Lawrence Fubara Anga, Rosanna Barsati, Elisha Bhugwandeen, Susan Bishai, Anne Bodley, Ineke Brink, Ladawn Burnett, Kirsty Dean-Mhlongo, Michela Cocchi
The International Lawyer
No abstract provided.
Extractive Industries And Human Rights,
2016
American University Washington College of Law
Extractive Industries And Human Rights, Claudia Martin, Diego Rodriguez-Pinzon
American University International Law Review
No abstract provided.
Forced Migration After Paris Cop21: Evaluating The "Climate Change Displacement Coordination Facility",
2016
Columbia Law School, Sabin Center for Climate Change Law
Forced Migration After Paris Cop21: Evaluating The "Climate Change Displacement Coordination Facility", Phillip Dane Warren
Sabin Center for Climate Change Law
Climate change represents, perhaps, the greatest challenge of the twenty-first century. As temperatures and sea levels rise, governments around the world will face massive and unprecedented human displacement that international law currently has no mechanism to address. While estimates vary, the scope of the migration crisis that the world will face in the coming decades is startling. In addition to losing their homes, climate change migrants, under current law, will encounter a refugee system governed by a decades-old Refugee Convention that offers neither protection nor the right to resettle in a more habitable place. Armed with the most recent developments …
Delegating Peace Enforcement Missions- But To Whom? What The U.N.'S Recent Recommendation Reveals About Today's Crisis In Legitimate Actors For Robust Peace Operations,
2016
University of Michigan Law School
Delegating Peace Enforcement Missions- But To Whom? What The U.N.'S Recent Recommendation Reveals About Today's Crisis In Legitimate Actors For Robust Peace Operations, Karima Tawfik
Michigan Law Review Online
This Essay argues that in assessing whether or not to move towards the U.N. panel’s proposed model that champions regional actors and ad hoc coalitions over the U.N. itself, the international community must weigh the marginal costs and benefits of this plan. This essay follows the U.N. panel’s call for the international community to derive lessons from the past by examining three case studies where regional actors and ad hoc coalitions, rather than the U.N., have embarked on peace enforcement missions. It argues that if the international community chooses to follow the U.N. panel’s recommendation on deferring to regional actors …
Clash Of Cultures: Epistemic Communities, Negotiation Theory, And International Lawmaking,
2016
University of Missouri School of Law
Clash Of Cultures: Epistemic Communities, Negotiation Theory, And International Lawmaking, S. I. Strong
Faculty Publications
This Article seeks to illuminate a number of truths about the current deliberations at UNCITRAL by applying the concept of epistemic communities to the UNCITRAL negotiation process. This analysis will help various participants, including state delegates, inter-governmental organizations (IGOs), and non-governmental organizations (NGOs), appreciate the dynamics at issue in the treaty deliberations and thereby improve negotiation techniques and outcomes.' In particular, this Article considers how disparities between different epistemic communities involved in the UNCITRAL process could affect the shape and future of the proposed convention and whether the clash of cultures could prove fatal to the development of a new …
