The United States And Iran – Decades Of Animosity: An Analysis Of The Path To The Current Conflict,
2012
University of Baltimore Law
The United States And Iran – Decades Of Animosity: An Analysis Of The Path To The Current Conflict, Patrick Mcdade
University of Baltimore Journal of International Law
Lost in the international debate raging around Iran’s burgeoning nuclear weapons program is the deep and complex history that exists between the United States and Iran, as well as the legal rights and responsibilities that exist between the two nations. A thorough examination of the intensely adversarial relationship that has developed over the past sixty years must be undertaken before any path to a diplomatic solution is likely to succeed. The historical evidence clearly shows that Iran’s animosity towards and distrust of the United States is entirely justified, and the United States’ mistrust of Iran is equally well-grounded. Due these …
The Hierarchy That Wasn’T There: Elevating “Usage” To Its Rightful Position For Contracts Governed By The Cisg,
2012
Northwestern Pritzker School of Law
The Hierarchy That Wasn’T There: Elevating “Usage” To Its Rightful Position For Contracts Governed By The Cisg, William P. Johnson
Northwestern Journal of International Law & Business
Under domestic U.S. sales law, usage of trade is relevant in ascertaining the meaning of an agreement, and it can be used to supplement, qualify, or explain an agreement. However, usage of trade may not be used under domestic U.S. sales law to contradict a written agreement. Moreover, any course of performance or course of dealing between the parties will prevail over inconsistent usage of trade. The United Nations Convention on Contracts for the International Sale of Goods, or CISG, similarly provides for consideration of usage to establish the terms of the agreement between the parties, as well as to …
Culpa In Contrahendo In European Private International Law: Another Look At Article 12 Of The Rome Ii Regulation,
2012
Northwestern Pritzker School of Law
Culpa In Contrahendo In European Private International Law: Another Look At Article 12 Of The Rome Ii Regulation, Najib Hage-Chahine
Northwestern Journal of International Law & Business
Precontractual liability is liability that arises out of a harmful conduct that occurs during the formation period of a contract. Where the harmful conduct occurs during international negotiations, a conflict of laws issue arises. The determination of the applicable law to precontractual liability can be a complex and tedious task, which is why the European Legislature has provided a special conflict-of-law rule in Article 12 of the Rome II Regulation on the applicable law to non-contractual obligations. Through this provision, the European Legislature aims to achieve uniformity between EU Member States, while providing an appropriate conflicts rule. The present essay …
Cleared For Landing: Airbus, Boeing, And The Wto Dispute Over Subsidies To Large Civil Aircraft,
2012
Northwestern Pritzker School of Law
Cleared For Landing: Airbus, Boeing, And The Wto Dispute Over Subsidies To Large Civil Aircraft, Jeffrey D. Kienstra
Northwestern Journal of International Law & Business
Competition between Airbus and Boeing in the large civil aircraft industry grew contentious as Airbus began to overtake Boeing in its long-held position as the world‘s leading producer of large civil aircraft. Airbus and Boeing had also each embarked on multi-billion dollar investments into the development of new aircraft, further raising the stakes. The United States and European Communities in turn increasingly scrutinized the subsidies provided by their counterpart to its respective aircraft manufacturer. This conflict over subsidies, which had persisted between the United States and European Communities since the inception of Airbus in 1970, reached a head in 2004 …
Chuaigh Ár Lá – Debt Of A Gaelsman: Ireland’S Sovereign Debt Crisis, National And International Responses,
2012
Northwestern Pritzker School of Law
Chuaigh Ár Lá – Debt Of A Gaelsman: Ireland’S Sovereign Debt Crisis, National And International Responses, James Croke
Northwestern Journal of International Law & Business
How did a small island nation on the periphery of Europe go from the pauper of the European Union, to a paragon of a market economy, and back to fiscal ruin within the space of twenty years? Ireland was the poorest nation in the European Economic Community (EEC) in 1988. In the late 1980’s and early 1990’s it undertook structural reforms to fundamentally reshape its economy, the result was a booming economy throughout the mid-to-late 1990’s and early 2000’s, primarily fueled by exports and foreign direct investment. Rather than continue on a sustained, but slower, growth path in the 2000’s, …
The Role Of Precedent In Defining Res Judicata In Investor–State Arbitration,
2012
Northwestern Pritzker School of Law
The Role Of Precedent In Defining Res Judicata In Investor–State Arbitration, Pedro J. Martinez-Fraga, Harout Jack Samra
Northwestern Journal of International Law & Business
As international arbitration, and investment arbitration in particular, becomes more prevalent, the risks of doctrinal fragmentation also increase, in part driven by the disparate treatment of the doctrine of res judicata throughout most jurisdictions, and in the arbitration context. Notwithstanding the general consensus regarding the broad contours of res judicata and its firm position as a principle of international law, there is little agreement regarding how it is to be administered. These developments threaten to undermine the international arbitration system, wresting from it normative legitimacy. The U.S. common law version of res judicata, which is distinct from res judicata as …
Is Canada The New Shangri-La Of Global Securities Class Actions?,
2012
Northwestern Pritzker School of Law
Is Canada The New Shangri-La Of Global Securities Class Actions?, Tanya J. Monestier
Northwestern Journal of International Law & Business
There has been significant academic buzz about Silver v. Imax, an Ontario case certifying a global class of shareholders alleging statutory and common law misrepresentation in connection with a secondary market distribution of shares. Although global class actions on a more limited scale have been certified in Canada prior to Imax, it can now be said that global classes have “officially” arrived in Canada. Many predict that the Imax decision means that Ontario will become the new center for the resolution of global securities disputes. This is particularly so after the United States largely relinquished this role in Morrison v. …
Contingent Capital In European Union Bank Restructuring,
2012
Northwestern Pritzker School of Law
Contingent Capital In European Union Bank Restructuring, Christoph K. Henkel, Wulf A. Kaal
Northwestern Journal of International Law & Business
The uncoordinated reorganization and resolution of Systemically Important Financial Institutions in different countries pose many challenges. Contingent capital provides a viable alternative for the efficient restructuring and resolution of failing financial institutions. Contingent Capital provides a mechanism for internalizing banks’ failure costs and helps return distressed financial institutions to solvency. This article offers a comparative perspective on bank resolution and restructuring in the European Union, Switzerland, the United Kingdom and Germany and shows that Contingent Capital could play a substantial role in bank restructuring.
A Bright Idea: A Bright-Line Test For Extraterritoriality In F-Cubed Securities Fraud Private Causes Of Action,
2012
Northwestern Pritzker School of Law
A Bright Idea: A Bright-Line Test For Extraterritoriality In F-Cubed Securities Fraud Private Causes Of Action, Jennifer Mitchell Coupland
Northwestern Journal of International Law & Business
Whether a foreign or American claimant has a private right of action in so-called ―Foreign-Cubed‖ or ―Foreign-Squared‖ claims under Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Securities and Exchange Commission (SEC) Rule 10b-5 has been the subject of much debate among U.S. courts, Congress, and the international community. Historically, these cases have been heard in the United States if the conduct had a substantial effect in the United States or on U.S. citizens (the effects test), or if the fraudulent or wrongful conduct occurred in the United States (the conduct test). However, in June 2010, …
Securing Land Tenure & Agricultural Development In The Guinea Savannah: A Ghanaian Case Study,
2012
University of South Carolina, School of Law
Securing Land Tenure & Agricultural Development In The Guinea Savannah: A Ghanaian Case Study, Michael S. Talbot
South Carolina Journal of International Law and Business
No abstract provided.
Party Autonomy And Access To Justice In The Uncitral Online Dispute Resolution Project,
2012
Univ. Prof. & Dir. Of the Center for International Legal Education, School of Law, University of Pittsburgh
Party Autonomy And Access To Justice In The Uncitral Online Dispute Resolution Project, Ronald A. Brand
Loyola University Chicago International Law Review
No abstract provided.
Harmonization, But Not Homogenization: The Case For Cuban Autonomy In Globalizing Economic Reforms,
2012
Indiana University Maurer School of Law
Harmonization, But Not Homogenization: The Case For Cuban Autonomy In Globalizing Economic Reforms, Heather Shreve
Indiana Journal of Global Legal Studies
Since 1959, Cuba has been an anomaly in the Western Hemisphere. From its fierce isolationism to its steadfast commitment to-communism and Fidel Castro, the Cuban model shunned many modern conventions and developments of the increasingly globalized world. However, in the last decade, subtle shifts in Cuban governance and control led some scholars to question if and how Cuba could participate in the modern, global economy. President Razil Castro answered the speculation in late 2010 with an announcement regarding Cuban economic modernization and, again, in 2011, as significant economic reforms were implemented. All of these changes beg the ultimate question: Can …
Mcdougal-Lasswell Policy Science: Death And Transfiguration,
2012
Florida State University College of Law
Mcdougal-Lasswell Policy Science: Death And Transfiguration, Jack Van Doren, Christopher J. Roederer
Richmond Journal of Global Law & Business
No abstract provided.
September Eleventh, A Citizen's Response (Continued Further),
2012
Loyola University Chicago, School of Law
September Eleventh, A Citizen's Response (Continued Further), George Anastaplo
Loyola University Chicago International Law Review
No abstract provided.
Mass Murderers Discover Mass Murder: The Germans And Katyn, 1943,
2012
Case Western University School of Law
Mass Murderers Discover Mass Murder: The Germans And Katyn, 1943, Kenneth F. Ledford
Case Western Reserve Journal of International Law
No abstract provided.
A Tragi-Comedy Of Errors Erodes Self-Execution Of Treaties: Medellín V. Texas And Beyond,
2012
Case Western Reserve University School of Law
A Tragi-Comedy Of Errors Erodes Self-Execution Of Treaties: Medellín V. Texas And Beyond, John Quigley
Case Western Reserve Journal of International Law
No abstract provided.
Defending Blasphemy: Exploring Religious Expression Under Ireland's Blasphemy Law,
2012
Case Western Reserve University School of Law
Defending Blasphemy: Exploring Religious Expression Under Ireland's Blasphemy Law, Katherine A. E. Jacob
Case Western Reserve Journal of International Law
Note of the Year.
Climate Change, Presidential Power, And Leadership: "We Can't Wait",
2012
Case Western Reserve University School of Law
Climate Change, Presidential Power, And Leadership: "We Can't Wait", Chris Wold
Case Western Reserve Journal of International Law
No abstract provided.
Preventing Mass Atrocity Crimes: The Responsibility To Protect And The Syria Crisis,
2012
Case Western Reserve University School of Law
Preventing Mass Atrocity Crimes: The Responsibility To Protect And The Syria Crisis, Paul R. Williams, Jonathan Worboys, J. Trevor Ulbrick
Case Western Reserve Journal of International Law
No abstract provided.
Thoughts On Medellín V. Texas,
2012
Case Western Reserve University School of Law
Thoughts On Medellín V. Texas, Kristofer Monson
Case Western Reserve Journal of International Law
No abstract provided.
