Thirteenth Annual Grotius Lecture Series: The Global Status Of Human Rights,
2012
American University Washington College of Law
Thirteenth Annual Grotius Lecture Series: The Global Status Of Human Rights, Amartya Sen
American University International Law Review
No abstract provided.
Ignoring Human Rights For Homosexuals: Gross Violations Of International Obligations In Cameroon,
2012
American University Washington College of Law
Ignoring Human Rights For Homosexuals: Gross Violations Of International Obligations In Cameroon, Erica Nordberg
American University International Law Review
No abstract provided.
Reproductive Choice In The Hands Of The State: The Right To Abortion Under The European Convention On Human Rights In Light Of A, B & C V. Ireland,
2012
American University Washington College of Law
Reproductive Choice In The Hands Of The State: The Right To Abortion Under The European Convention On Human Rights In Light Of A, B & C V. Ireland, Brynn Weinstein
American University International Law Review
No abstract provided.
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 …
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 …
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.
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.
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.
Navigating The Borders Between International Commercial Arbitration And U.S. Federal Courts: A Jurisprudential Gps,
2012
University of Missouri School of Law
Navigating The Borders Between International Commercial Arbitration And U.S. Federal Courts: A Jurisprudential Gps, S. I. Strong
Faculty Publications
This article provides just that sort of guide, outlining the various ways in which U.S. federal courts can become involved in international commercial arbitration and introducing both basic and advanced concepts in a straightforward, practical manner. However, this article provides more than just an overview. Instead, it discusses relevant issues on a motion-by-motion basis, helping readers find immediate answers to their questions while also getting a picture of the field as a whole. Written especially for busy lawyers, this article gives practitioners, arbitrators and new and infrequent participants in international commercial arbitration a concise but comprehensive understanding of the unique …
Stateless Babies & Adoption Scams: A Bioethical Analysis Of International Commercial Surrogacy,
2012
Barry University
Stateless Babies & Adoption Scams: A Bioethical Analysis Of International Commercial Surrogacy, Seema Mohapatra
Faculty Scholarship
Truth is often stranger than fiction, and nowhere is this more evident than when examining the real stories related to international commercial surrogacy that have occurred in the last few years. This Article utilizes these recent cases to analyze this industry using a bioethical lens. Bioethicists use stories effectively to demonstrate how theory and normative ideals apply to real world situations. By detailing examples of some of the unique scenarios that have arisen in far-flung cities of India, the United States, and the Ukraine, this Article highlights some of the bioethical dilemmas such stories raise. This Article examines these stories …
Lessons From Pfizer's Disputes Over Its Viagra Trademark In China,
2012
University of Maryland Francis King Carey School of Law
Lessons From Pfizer's Disputes Over Its Viagra Trademark In China, Daniel Chow
Maryland Journal of International Law
No abstract provided.
