The Criminalization Of The Theft Of Trade Secrets: An Analysis Of The Economic Espionage Act,
2012
University of Abertay Dundee, Scotland, UK
The Criminalization Of The Theft Of Trade Secrets: An Analysis Of The Economic Espionage Act, Nicola Searle
IP Theory
No abstract provided.
Openness, Intellectual Property And Standardization In The European Ict Sector,
2012
University of Leiden, The Netherlands
Openness, Intellectual Property And Standardization In The European Ict Sector, Carl Mair
IP Theory
No abstract provided.
The End Of Forgetting And "Administrative Rights" To Our Online Personas,
2012
Saint Mary's University School of Law, San Antonio, Texas
The End Of Forgetting And "Administrative Rights" To Our Online Personas, Jamie R. Lund
IP Theory
No abstract provided.
The International Court Of Justice's Treatment Of Circumstantial Evidence And Adverse Inferences,
2012
Case Western Reserve University - School of Law
The International Court Of Justice's Treatment Of Circumstantial Evidence And Adverse Inferences, Michael P. Scharf, Marqaux Day
Faculty Publications
This Article examines a vexing evidentiary question with which the International Court of Justice has struggled in several cases, namely: What should the Court do when one of the parties has exclusive access to critical evidence and refuses to produce it for security or other reasons? In its first case, Corfu Channel, the Court decided to apply liberal inferences of fact against the non-producing party, but in the more recent Crime of Genocide case, the Court declined to do so under seemingly similar circumstances. By carefully examining the treatment of evidence exclusively accessible by one party in these and other …
Universal Jurisdiction And The Crime Of Aggression,
2012
Case Western Reserve University - School of Law
Universal Jurisdiction And The Crime Of Aggression, Michael P. Scharf
Faculty Publications
In June 2010 in Kampala, Uganda, the states that are party to the Statute of the International Criminal Court agreed to amend the ICC Statute to add the crime of aggression to the Court's jurisdiction. One of the key compromises that made this possible was the adoption of a U.S.-proposed “understanding” which provided that the aggression amendment should not be interpreted as creating a right for national courts to prosecute the crime of aggression under universal jurisdiction. If, however, national courts already possess the right to do so under customary international law, stemming from the Nuremberg precedent, then the understanding …
Volume 2 Masthead,
2012
Notre Dame Law School
Volume 2 Masthead
Notre Dame Journal of International & Comparative Law
No abstract provided.
Volume 3 Masthead,
2012
Notre Dame Law School
Volume 3 Masthead
Notre Dame Journal of International & Comparative Law
No abstract provided.
Finding International Law, Part Ii: Our Fragmenting Legal Community,
2012
Fordham University School of Law
Finding International Law, Part Ii: Our Fragmenting Legal Community, Harlan G. Cohen
Faculty Scholarship
Is there an “International Community?” This Article suggests that there is not, that the oft-discussed fragmentation of international law reveals that there are in fact multiple overlapping and competing international law communities, each with differing views on law and legitimacy.
This Article reaches this conclusion by taking a fresh look not only at the sources of fragmentation, but at the sources of international law itself. Building on earlier work rethinking international law’s sources and drawing insights from legal philosophy, compliance theory, and international relations, this Article takes a closer look at three areas that have challenged traditional interpretations of international …
The Scorecard So Far: Emerging Issues In Cross-Border Insolvencies Under Chapter 15 Of The U.S. Bankruptcy Code,
2012
Northwestern Pritzker School of Law
The Scorecard So Far: Emerging Issues In Cross-Border Insolvencies Under Chapter 15 Of The U.S. Bankruptcy Code, Megan R. O'Flynn
Northwestern Journal of International Law & Business
Chapter 15 of the U.S. Bankruptcy Code was modeled after the Model Law on Cross-Border Insolvency, drafted by the United Nations Commission on International Trade and Law (UNCITRAL) in 1997. Despite the relatively small number of cases commenced in U.S. Courts under Chapter 15 since its adoption, no other section of the current Bankruptcy Code has broader implications for international business transactions and global foreign business relations than the provisions of Chapter 15. Moreover, since the United States has long been an innovator at the forefront of international insolvency law, interpretation of key provisions of the Chapter and related UNCITRAL …
Regulatory Litigation In The European Union: Does The U.S. Class Action Have A New Analogue?,
2012
Emory University School of Law
Regulatory Litigation In The European Union: Does The U.S. Class Action Have A New Analogue?, S. I. Strong
Faculty Articles
The United States has long embraced the concept of regulatory litigation, whereby individual litigants, often termed “private attorneys general,” are allowed to enforce certain public laws as a matter of institutional design. Although several types of regulatory litigation exist, the U.S. class action is often considered the paradigmatic model for this type of private regulation.
For years, the United States appeared to be the sole proponent of both regulatory litigation and large-scale litigation. However, in February 2012, the European Union dramatically reversed its existing policies toward mass claims resolution when the European Parliament adopted a resolution proposing to create a …
Border Skirmishes: The Intersection Between Litigation And International Commercial Arbitration,
2012
Emory University School of Law
Border Skirmishes: The Intersection Between Litigation And International Commercial Arbitration, S. I. Strong
Faculty Articles
National courts are becoming increasingly involved with international commercial arbitration. Although this observation may be disheartening to those who support the autonomy of the international arbitral regime, the continued interaction between courts and tribunals is less troubling to those who view international commercial arbitration as a "hybrid" method of dispute resolution, with numerous opportunities for permissible "border crossings. "
That is not to say that courts can or should become involved with every aspect of arbitration. Instead, impermissible "border incursions" diminish the effectiveness of international commercial arbitration and could erode public or private support for the international arbitral regime. Therefore, …
Navigating The Borders Between International Commercial Arbitration And U.S. Federal Courts: A Jurisprudential Gps,
2012
Emory University School of Law
Navigating The Borders Between International Commercial Arbitration And U.S. Federal Courts: A Jurisprudential Gps, S. I. Strong
Faculty Articles
Thus, this Article aims to provide newcomers to and infrequent users of international commercial arbitration with a brief introduction to the relationship between international arbitral proceedings and U.S. federal courts. Limitations of space mean that a great deal has necessarily been left out of this discussion. For example, this Article does not describe processes internal to the arbitration, instead focusing solely on the interaction between tribunal, parties and court. Furthermore, the text often skips over basic propositions of U.S. law that are well-established in the domestic realm so as to concentrate more heavily on elements that are unique to international …
Table Of Contents - Issue 1,
2012
University of South Carolina
Table Of Contents - Issue 1
South Carolina Journal of International Law and Business
No abstract provided.
The Rule Of Law: A Help Or Hindrance To International Business,
2012
Justice of the High Court of England and Wales, Treasurer of the Honourable Society of Gray's Inn
The Rule Of Law: A Help Or Hindrance To International Business, The Honourable Mr. Justice M. Burton
South Carolina Journal of International Law and Business
No abstract provided.
China And Human Rights In International Trade,
2012
Joseph S. Platt-Porter Wright Morris & Arthur Professor of Law, The Ohio State University Michael E. Moritz College of Law; B.A., J.D. Yale University
China And Human Rights In International Trade, Daniel Chow
South Carolina Journal of International Law and Business
No abstract provided.
Human Trafficking, The Rule Of Law, And Corporate Social Responsibility,
2012
Cline Williams Professor of Citizenship Law, University of Nebraska College of Law
Human Trafficking, The Rule Of Law, And Corporate Social Responsibility, Anna W. Shavers
South Carolina Journal of International Law and Business
No abstract provided.
Intellectual Property Rights And Renewable Energy Technology Transfer In China,
2012
University of South Carolina, Department of Political Science
Intellectual Property Rights And Renewable Energy Technology Transfer In China, Kiel Downey
South Carolina Journal of International Law and Business
No abstract provided.
Ethics In International Arbitration: Traps For The Unwary,
2012
Loyola University Chicago, School of Law
Ethics In International Arbitration: Traps For The Unwary, Margaret L. Moses
Faculty Publications & Other Works
No abstract provided.
Curtailing Ecosystem Exportation: Ecosystem Services As A Basis To Reconsider The Merits Of Export-Driven Agriculture In Economies Highly Dependent On Agricultural Exports,
2012
Loyola University Chicago, School of Law
Curtailing Ecosystem Exportation: Ecosystem Services As A Basis To Reconsider The Merits Of Export-Driven Agriculture In Economies Highly Dependent On Agricultural Exports, James T. Gathii, Keith H. Hirokawa
Faculty Publications & Other Works
ABSTRACT Functioning ecosystems play a critical role in providing goods and services needed to sustain human life.' Water provision and filtration, biodiversity, nutrient cycling, climate regulation, and carbon sequestration are all examples of services ecosystems provide that no society could survive without.2 Yet ecosystem services have historically been taken for granted, depleted by intention or ignorance, and replaced with inadequate substitutes.' Recent research on ecosystem services has exposed the shockingly high local, regional, and global costs of losing these essential services.'
Private Equity Investment In The Brics,
2012
Fordham Law School
Private Equity Investment In The Brics, Andreas Woeller
Fordham Journal of Corporate & Financial Law
This Article investigates the legal and economic environment for private equity investments in Brazil, Russia, India and China (“BRIC”). In contrast with disappointing returns in the 1990s, private equity investment has soared in developing countries over the past decade. To explain what has led to the recent success of private equity in the BRICs, this Article will first give an overview of the challenges faced generally when investing in portfolio companies in developing markets and then analyze the legal and economic framework for each of the four BRICs. This Article finds that Brazil and China offer the best opportunities for …
