International Law Commons^™

Hard, Soft, And Embedded: Implementing Principles On Promoting Responsible Sovereign Lending And Borrowing, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

This paper, prepared for UNCTAD’s initiative on responsible sovereign lending and borrowing, considers concrete strategies for implementing the Principles. It draws on studies in soft law and new governance, and on the recent experience in promoting best practices in international finance, including project finance, extraction revenue management, foreign aid, sovereign investment, and sovereign borrowing in the capital markets. It recommends maintaining the current non-binding character of the Principles, while embedding implementation in multi-stakeholder arrangements for ongoing disclosure, assessment, interpretation, and adaptation. This strategy has the best chance of changing behavior in sovereign lending and borrowing by creating constituencies for implementation …

The Jessica Lenahan Nee Gonzales Story, Radha Mohan

Connecticut Journal of International Law

On June 22, 1999, Simon Gonzales abducted his three daughters from their mother's residence in Castle Rock, Colorado, in violation of a domestic violence restraining order.' Jessica Gonzales repeatedly called the local police department and asked them to locate her husband and children to enforce the order.' The police failed to respond, though they were obligated under state law to arrest any individual who violated a restraining order.3 Mrs. Gonzales grew increasingly concerned and telephoned the police repeatedly, explaining Mr. Gonzales's precarious mental state and the unusual phone calls she received from Mr. Gonzales's girlfriend, regarding his behavior.' The police …

Defining Genuine Use Requirements Of Community Trade Marks In Light Of An Expanding European Union, Emily Bolton

Connecticut Journal of International Law

Since its inception, one of the primary goals of the establishment of the European Union has been to create a single internal market, providing for the free movement of goods, services, people, and capital, and to ultimately allow Europe to compete with the growing economic powers of the world. Undoubtedly, trademark law has an integral role in the development of such a system. The Community trademark system was introduced four decades after the European Economic Community was first established and was created with the aim of improving the functioning of the internal market as a single market.

Under the current …

"Dangerous" Dancehall Reggae And Caribbean Treaty Obligations, Andrea M. Ewart, Kimberly R. Villiers

Connecticut Journal of International Law

Jamaican Dancehall has increasingly become associated with violent, sexuallydemeaning, and sometimes homophobic lyrics. The lyrics to these songs and their suggested link to violence have led a growing number of fellow Caribbean governments to refuse entry to Jamaican dancehall artistes and to ban their performances within their countries. However, the countries are also signatories to a Caribbean trade agreement which guarantees the banned artistes the right to travel to and freely provide their services within these countries. The countries instituting the bans have relied on Article 226 of the Treaty, which mirroring Article XIV(a) of the General Agreement on Trade …

The Undertaking Of Adjustment Of Conduct In Brazilian Collective Procedural Law, Humberto Dalla Bernadina De Pinho

Connecticut Journal of International Law

No abstract provided.

Transatlantic Reflections: Law And Lawyers Between Europe And America, Clifford J. Hendel

Connecticut Journal of International Law

When Professor Mark W. Janis of the University of Connecticut School of Law contacted me with a kind invitation to join a panel dealing with practical matters (or matters of practice) in lawyering on either side of the Atlantic, my first thought was that of any practicing lawyer: re-cycle one or two short pieces that I had written over the years containing certain ruminations on some of the essential differences between the common law, as practiced in the United States where I was educated and learned the skills of the trade, and the civil law, as practiced in Spain where …

Session Five: Expert Panel On Fighting Impunity Remarks Of Professor Diane F. Orentlicher, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

As the field of transitional justice has matured, we have a better appreciation of the fact that both the capacity and will of societies to address violations of the past may evolve signifiicantly, and in unforeseen ways, over time—sometimes over a long, long period. (One speaker this morning described how he was unable to come to terms with his own torture for 11 years— and then, pursuing justice became critical.) Thus, for example, prosecutions for past violations may not occur in the immediate aftermath of a transition from repression to democratic gover¬ nance; often they take place after the passage …

Clashing Classes Down Under - Evaluating Australia's Competing Class Actions Through Empirical And Comparative Perspectives, Vince Morabito

Connecticut Journal of International Law

Australia's three class action regimes do not provide any guidance with respect to the appropriate approach to adopt when different law firms file separate class actions with respect to the same legal disputes. The potentially adverse effects of competing class actions and the most appropriate strategies for dealing with them have been among the most important and controversial issues in Australia's civil justice landscape over the last few years. The aim of this article is to employ the findings of the first empirical study of the class action regimes that operate in the Federal Court of Australia and the Supreme …

Rethinking Legality/Legitimacy After The Iraq War, Christine Chinkin

Book Chapters

My topic is legality and legitimacy after the Iraq war. I will start by problematizing the question. First, it is too limited. Why should the question be defined in terms of "after the Iraq war;' not after some other event such as the war in the Democratic Republic of the Congo where some four million people have died and where the health consequences of HIV/ AIDS will continue for generations? Events, even catastrophic events, from which powerful actors have remained aloof, have little visibility as key incidents in the evolution of international law. They are not deemed the "moments of …

An American Look At Zappers: A Paper For The Physikalisch-Technische Bundesanstalt, Revisionssicheres System Zur Aufzeichnung Von Kassenvorgängen Und Messinformationenthe, Richard Thompson Ainsworth

Faculty Scholarship

The common observation in the U.S. is that enforcement against technology-facilitated sales suppression has fallen through an intra-jurisdictional crack. Neither federal nor state auditors systemically target this area. But this is changing, and the change is coming from the state side.

This paper has two main parts. First, it summarizes the current state of sales suppression enforcement in the U.S. Secondly, it reviews the international solutions that are attracting the most U.S. attention. A conclusion indicates likely directions for U.S. enforcement.

Georgia is the first state to take action. On May 3, 2011 Georgia added code section 16-9-62 to Georgia …

Is There Anything To Fear In Transnationalist Development Of Law? The Australian Experience, Paul Von Nessen

Pepperdine Law Review

No abstract provided.

We Don't Need To See Them Cry: Eliminating The Subjective Apprehension Element Of The Well-Founded Fear Analysis For Child Refugee Applicants, Bridgette A. Carr

Pepperdine Law Review

This article addresses a barrier to effective protection faced by child refugee applicants. Currently all refugee applicants, including infants, are required to satisfy two elements of well-founded fear. All applicants must prove that they face an objective risk of persecution and that they subjectively fear this risk. But children often cannot exhibit the subject apprehension element of the test. As a result, UNHCR, and the U.S and Canadian governments issued guidelines that encourage decision makers to accept other evidence to prove a child's subjective apprehension when the child is unable to exhibit fear. However, this approach does not go far …

The Sosa Standard: What Does It Mean For Future Ats Litigation?, Virginia Monken Gomez

Pepperdine Law Review

No abstract provided.

The Third Party Non-Signatory's Ability To Compel International Commercial Arbitration: Doing Justice Without Destroying Consent , James M. Hosking

Pepperdine Dispute Resolution Law Journal

This article analyzes the legal theories and other mechanisms employed in international commercial arbitration to achieve a workable compromise among the above-cited propositions. In so doing it touches on larger, more complex questions like the position of third parties in contract law, the jurisdictional foundations of arbitration, and the role of choice-of-law issues in determining the validity of the arbitration agreement. However important these broader concerns may be, they should not undermine the importance of the issue in its own right.

First The Context, Later The Challenge: Commercial Mediators Interface With The Volatile International Sector, William F. Lincoln

Pepperdine Dispute Resolution Law Journal

Unless we talk of international commerce, the two respective sectors in which you and I each work appear to be very separate arenas that lack any commonality. But, if we permit, a common bond indeed yearns to be acknowledged and cultivated: You and I have willingly accepted the honorable mantle as stewards of integrity, competency, and credibility of the mediation process and the profession itself. Mediation - a process which is neither pure nor scientific; a process complete with bastardizations such as mandatory mediation provisions as well as creative variations including partnering and med-arb models; a process which we regard …

A Civil Matter For A Common Expert: How Should Parties And Tribunals Use Experts In International Commercial Arbitration?, Ruth Fenton

Pepperdine Dispute Resolution Law Journal

How should parties and tribunals use experts in international commercial arbitration? Are the common and civil law traditions blurred or blended, or should there be specific practices for international arbitration? To answer these questions, it is necessary to look at the common and civil law approaches to the use of experts in international commercial arbitration. This article will look at circumstances that may require an expert and arbitration laws and rules that assist parties and arbitrators in appointing an appropriate expert. The article highlights and discusses differences and similarities between civil and common law traditions and draws a conclusion as …

Goading A Reluctant Dinosaur: Mutual Recognition Agreements As A Policy Response To The Misappropriation Of Foreign Traditional Knowledge In The United States, Paul Kuruk

Pepperdine Law Review

No abstract provided.

Dual Lenses: Using Theology And International Human Rights To Assess China's 2005 Regulations On Religion, Joel A. Nichols

Pepperdine Law Review

In order for China to move forward in the international community, it needs to continue to improve its standing on human rights issues. Of particular concern to many observers is the relationship between the government and religion. While foreign religious organizations and missionaries are still heavily regulated by a 1994 law, a new law respecting religious citizens and organizations within China went into effect in 2005. This new law is salutary in some respects in that it provides a much fuller delineation of the relationship between government and religion within China, and it appears more solicitous toward religious rights than …

European Union Security Landscape Post-9/11: Necessary Protection Or Unjustified Expansion Of A Security Regime?, Colby Mangels

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Divided Responsibility: Nato, The European Union, And European Defense After Cold War, Samuel Jubelirer

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.