International Law Commons^™

The Emergence Of The New Chinese Banking System: Implications For Global Politics And The Future Of Financial Reform, Shruti Rana

Faculty Scholarship

As the current financial crisis spreads from country to country around the world, China’s new-found financial and political power is dominating global, financial, and political arenas. China’s recent rise to power deserves increased scrutiny as China’s experience may offer lessons and models for other countries struggling with financial chaos. These remarks begin a dialogue over the lessons that can be learned from China’ ascent to power, and considers some of implications of China’s rise. It also contrasts China’s experience with that of Western countries, who have approached financial reform from entirely different perspectives. After considering these perspectives, and providing an …

Treaty Double Jeopardy: The Oecd Anti-Bribery Convention And The Fcpa, Michael P. Van Alstine

Faculty Scholarship

This article explores the possibility of "double jeopardy" protection arising from an international treaty. In specific, it examines whether, either as a matter of general principle or from the treaty's express provisions, the OECD Convention on Combatting Bribery of Foreign Public Officials protects a defendant from multiple or successive prosecutions under our domestic Foreign Corrupt Practices Act.

The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin

Faculty Scholarship

This symposium Essay comments on four interrelated themes regarding the right to religious liberty in international law that emerge from Seval Yildirim's article Global Tangles: Laws, Headcoverings and Religious Identity, 10 SANTA CLARA J. INT’L L. 52 (2012). The first is the paradoxical language of freedom in struggles over attempts to proscribe the wearing of the hijab, especially regarding the principles of gender equality and women’s rights. The second is the apparent comfort that governance feminism exhibits with the state imposition of new (presumably woman liberationist) norms and how institutions such as courts may act not only as …

Sealand, Havenco, And The Rule Of Law, James Grimmelmann

Faculty Scholarship

In 2000, a group of American entrepreneurs moved to a former World War II anti-aircraft platform in the North Sea, seven miles off the British coast, and launched HavenCo, one of the strangest start-ups in Internet history. A former pirate radio broadcaster, Roy Bates, had occupied the platform in the 1960s, moved his family aboard, and declared it to be the sovereign Principality of Sealand. HavenCo's founders were opposed to governmental censorship and control of the Internet; by putting computer servers on Sealand, they planned to create a "data haven" for unpopular speech, safely beyond the reach of any other …

Taiwan's 2012 Presidential/Vice Presidential And Legislative Elections: Assessing Current Politics And Charting The Future, John F. Copper

Maryland Series in Contemporary Asian Studies

No abstract provided.

The State Of Play On International Piracy And Anti-Counterfeiting Strategies, Andy Y. Sun

Maryland Series in Contemporary Asian Studies

No abstract provided.

Insider Trading In China: Compared With Cases In The United States, Greg Tzu Jan Yang

Maryland Series in Contemporary Asian Studies

No abstract provided.

The Chinese Are The Worst?: Human Rights And Labor Practices In Zambian Mining, Barry Sautman, Hairong Yan

Maryland Series in Contemporary Asian Studies

No abstract provided.

Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims’ Representatives, David C. Baluarte

Scholarly Articles

The article focuses on the international law regarding the inter-American human rights system. It informs about the implementation of compliance jurisprudence litigation by the Inter-American Court of Human Rights. It further states that the compliance has encouraged the representatives of the victims to make the litigation more meaningful so that they can get the fair judgment.

China And The Future Of International Adjudication, Julian Ku

Maryland Journal of International Law

No abstract provided.

Legal Aspects Of Mutual Non-Denial And The Relations Across The Taiwan Straits, Chun-I Chen

Maryland Journal of International Law

No abstract provided.

What Is Competition?, Maurice Stucke

Book Chapters

No abstract provided.

Resolving Ambiguity In The Fcpa Through Compliance With The Oecd Convention On Bribery Of Foreign Public Officials, Eric J. Smith

Maryland Journal of International Law

No abstract provided.

Memorial Of The Applicant, James Van Wyck, Justin Dick

Canada-United States Law Journal

No abstract provided.

Gender-Based Violence In International Criminal Law: A Closer Look At The Elements Of Rape, Amparita Sta. Maria

Ateneo School of Law Publications

While wholly condemned and severely punished in domestic jurisdictions, the crime of rape is not as well-defined in the realm of international criminal law. While rape is recognized as a cruel reality in cases of war and international conflict, the punishments for its perpetrators and thus, the justice sought by their victims is still subject of controversy and debate.

In this Article, the Author examines the treatment of rape in international law. She uses several international statutes as well as two landmark cases from International Criminal Tribunals in order to examine several facets of rape as an international crime — …

Can Chinese Migrants Bolster The Struggling Economies Of Europe?, Felix B. Chang

Faculty Articles and Other Publications

This article examines new Chinese migration into Europe during a period of economic stagnation - more specifically, the movement of Zhejiangese merchants in Southeast Europe. The Zhejiangese migration pattern is diversifying from a predominantly petty merchant phenomenon to include the sophisticated operations of large-scale investors. It is therefore in the interests of host countries to foster, rather than restrict, this progression toward institutionalization. As such, governments should shape immigration and antidiscrimination policies to harness the potential of these migrants.

Cross-Border Bankruptcy And The Cooperative Solution, Leah Barteld

Student Articles and Papers

Cross-border bankruptcy continues to be an important topic within bankruptcy regimes worldwide. As more corporations find themselves interacting in a market without the confines of geographic borders, countries need to adapt their regulatory schemes to be able to properly handle an orderly liquidation or reorganization without an adverse impact on the economy. This paper discuses the challenges of a cross-border bankruptcy regime that would be effective and proposes a cooperative solution for increasing coordination among insolvency proceedings. As a result of increasing cooperation among jurisdiction in light of the recent and ongoing financial crisis, reform within the bankruptcy regimes around …

The Penalties For Piracy: An Empirical Study Of National Prosecution Of International Crime, Eugene Kontorovich

Faculty Working Papers

This Article examines the sentences imposed by courts around the world in prosecutions of Somali pirates captured on the high seas. Somali piracy has become perhaps the highest-volume area of international criminal law by national courts. As with other international crimes, international law is silent on the subject of penalties. The large number of parallel prosecutions of offenders from a single international "situation" offers an empirical window into the interactions between international and national law in municipal courts; into factors affecting punishment for international crimes and the hierarchy of international offenses; and of course into potential concerns with the current …

The Multiple Roles Of International Courts And Tribunals: Enforcement, Dispute Settlement, Constitutional And Administrative Review, Karen J. Alter

Faculty Working Papers

This chapter is part of an upcoming interdisciplinary volume on international law and politics. The chapter defines four judicial roles states have delegated to international courts (ICs) and documents the delegation of dispute settlement, administrative review, enforcement and constitutional review jurisdiction to ICs based on a coding of legal instruments defining the jurisdiction of 25 ICs. I show how the design of ICs varies by judicial role and argue that the delegation of multiple roles to ICs helps explain the shift in IC design to include compulsory jurisdiction and access for nonstate actors to initiate litigation. I am interested in …

Discretion, Delegation, And Defining In The Constitution's Law Of Nations Clause, Eugene Kontorovich

Faculty Working Papers

Never in the nation's history has the scope and meaning of Congress's power to "Define and Punish. . . Offenses Against the Law of Nations" mattered as much. The once obscure power has in recent years been exercised in broad and controversial ways, ranging from civil human rights litigation under the Alien Tort Statue (ATS) to military commissions trials in Guantanamo Bay. Yet it has not yet been recognized that these issues both involve the Offenses Clauses, and indeed raise common constitutional questions.First, can Congress only "Define" offenses that clearly already exist in international law, or does it have discretion …