International Law Commons^™

A Test Case In International Bankruptcy Protocols: The Lehman Brothers Insolvency, Jamie Altman

San Diego International Law Journal

Part II of this Article, explains the competing theories underlying bankruptcy systems: universalism and territorialism. Part III details various statutory solutions to international bankruptcy problems. Next, Part IV analyzes the provisions of the Lehman Protocol in depth. Part V then examines the precedent upon which the Lehman Protocol relies. Part VI assesses potential threats to the Protocol?s success. This leads to Part VII, which contains suggestions for future protocols. Finally, Part VIII concludes.

Redefining The Supremacy Clause In The Global Age: Reconciling Medellin With Original Intent, Sarah Elizabeth Nokes

William & Mary Bill of Rights Journal

No abstract provided.

Waiver Of The Right To Remove In Forum Selection Clauses Subject To The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, William E. Marple, Andrew O. Wirmani

Mercer Law Review

Three federal appellate decisions have now addressed whether, in cases subject to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), parties may agree to waive their right to remove to federal court through forum selection clauses. In all three cases, each court held that to be enforceable the waiver must be expressed in "clear and unequivocal" terms or meet some other heightened standard of scrutiny. These court decisions present several significant points. First, the decisions of these courts to deviate from general principles of contract construction and analyze the waiver issue under …

Integrating Sustainable Development Planning And Climate Change Management: A Challenge To Planners And Land Use Attorneys, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This essay is based on our new book, Climate Change and Sustainable Development Law in a Nutshell (West 2011) which describes the close relationship between sustainable development and climate change management. It begins with a discussion of recent discussions and agreements at the international level and it provides a brief history of sustainable development and climate change policy. The article then explores national and local strategies to address sustainable development goals. Local planning and zoning, transit oriented development, energy efficiency and green infrastructure issues are also addressed.

Extending The European Debt Discussion To Broader International Governance, Odette Lienau

Cornell Law Faculty Publications

Although Europe is no stranger to sovereign debt troubles, the focus of international debt governance for several decades has been on the developing world. Discussions surrounding the efficacy and appropriateness of crisis mechanisms have been shaped by this political reality. But the current focus on Europe itself may generate changes in how public and private actors view international debt governance and the legitimacy of crisis mechanisms. In these remarks, I will focus on two ways in which Europe might serve as a test case for broader governance practices. First, I will discuss the ramifications of the European Union’s potential adoption …

March Roundtable: Libya And The Responsibility To Protect, Introduction, Claudia Fuentes

Human Rights & Human Welfare

An annotation of:

Article under review: “It’s Time to Intervene” by Shadi Hamid. Slate. February 23 2011.

I Will Survive, Robert Funk

Human Rights & Human Welfare

Academics do not often quote 70s disco tunes. At least not in print. But if there is one thing that has been striking about the events in Libya in recent weeks—and indeed looking back over decades—it is the sheer ability of Colonel Muammar Gaddafi to survive. He is, perhaps with Fidel Castro, the world’s greatest survivor. He has indeed learned how to carry on.

Is It Really Time To Intervene In Libya?, Christina Cerna

Human Rights & Human Welfare

Shadi Hamid, in “It’s Time to Intervene,” suggests that the international community—specifically, the United States, the United Nations, and NATO—must intervene in Libya because Muammar Gaddafi has declared that he is ready and willing to slaughter his own people if his survival depends on it. The author considered Gaddafi’s speech otherwise “bizarre” and “incoherent.”

Feminism And Democracy, Louis Edgar Esparza

Human Rights & Human Welfare

After work on December 1, 1955 in Montgomery, Alabama, Rosa Parks walked onto a bus that was to take her home that night. She ended up on a trip to jail instead, for refusing to give her seat to a white passenger. The event triggered resistance to bus segregation, the founding of the Montgomery Improvement Association, and the election of the then-unknown Dr. Martin Luther King as its leader. The success of the campaign is an integral battle in our historical retellings of the US African American Civil Rights Movement. Fewer recount the sexual harassment against black women by white …

We Do Indeed Reap What We Sow, Walter Lotze

Human Rights & Human Welfare

When violence first broke out in Tunisia in January 2011, few observers would have predicted that waves of unrest would engulf North Africa and the Arab world. When demonstrations swiftly spread to Algeria, Sudan, Egypt, Yemen, Bahrain, and Jordan, observers hastened to place bets on which regime would be the next to fall. That Hosni Mubarak would be felled next came perhaps as no surprise; Egypt had for years been on a knife’s edge, liberalizing and modernizing society while closing all space for political and social participation. Most analysts then turned their attention to Sudan, Yemen, and Bahrain, predicting that …

The Development Of Individual Standing In International Security, Cora True-Frost

Cardozo Law Review

Until quite recently, individuals were not able to challenge United Nations Security Council (Council) action through international-level mechanisms, and were forced to rely instead on United Nations (UN) member states in their attempts to obtain relief This lack of direct redress held even if no member state intermediary was available, such as when individuals' assets were frozen or they had been detained under Council authority. Within the last decade, however, the Council granted some such individuals administrative standing to challenge its authority. After so many years of denying individuals standing in international security, the Council's about-face is puzzling. It is …

My Brother's Keeper: An Empirical Study Of Attorney Facilitation Of Money-Laundering Through Commercial Transactions, Lawton P. Cummings, Paul T. Stepnowsky

Faculty Scholarship

In recent years, various “gatekeeping initiatives” have been introduced through inter-governmental standard-setting organizations, such as the Financial Action Task Force, as well as through federal legislation in the United States, which seek to apply the mandatory customer due diligence, record keeping, and suspicious activity reporting obligations contained in the existing anti-money laundering regime to lawyers when they conduct certain commercial transactions on behalf of their clients. The organized bar has argued against such attempts to regulate it, in part, due to the lack of empirical data showing that, as a threshold matter, lawyers unwittingly aid money laundering in a significant …

Ethical Money: Financial Growth In The Muslim World , Bjorn Sorenson

American University International Law Review

No abstract provided.

The Rise Of Customary Businesses In International Financial Markets: An Introduction To Islamic Finance And The Challenges Of International Integration, Ali Adnan Ibrahim

American University International Law Review

No abstract provided.

Ethical Money: Financial Growth In The Muslim World , Bjorn Sorenson

American University International Law Review

No abstract provided.

The Rise Of Customary Businesses In International Financial Markets: An Introduction To Islamic Finance And The Challenges Of International Integration, Ali Adnan Ibrahim

American University International Law Review

No abstract provided.

Transparency Soup: The Acta Negotiating Process And "Black Box" Lawmaking, David S. Levine

Joint PIJIP/TLS Research Paper Series

The negotiations of the Anti-Counterfeiting Trade Agreement (ACTA) have been marred by a level of attempted secrecy heretofore unseen in international intellectual property lawmaking. Simultaneously, the Freedom of Information Act (FOIA) has been used in several significant national contexts to prevent the disclosure of data and information in ways that call into question its efficacy as an effective regulation of governmental knowledge. This paper seeks to tie together these two recent developments in order to (a) prevent future international intellectual property law negotiations from being unduly secret and (b) encourage Congress to consider reforming FOIA in light of current public …

Craigslist, The Cda, And Inconsistent International Standards Regarding Liability For Third-Party Postings On The Internet, Peter Adamo

Pace International Law Review Online Companion

This Comment explores the nature and purpose of the Communications Decency Act (CDA), the legislative upbringing, and the application of the CDA to Craigslist. It compares the CDA to approaches taken abroad through legislation and judicial proceedings. It explains, contrary to the one other commentator to broach the subject matter, how the CDA continues to provide robust protection to Craigslist. Finally, it explores potential avenues for redrafting the CDA as well as the difficulties and trade-offs associated with implementing such change.

February Roundtable: The Arab Revolutions And Human Rights, Introduction

Human Rights & Human Welfare

An annotation of:

“The Failure of Governance in the Arab World” by Simon Tisdall. The Guardian. January 11 2011.

He's Our Son Of A Bitch, Robert Funk

Human Rights & Human Welfare

It is said that Franklin Delano Roosevelt defended the US tendency to support dictators by remarking, “He may be a son of a bitch, but he's our son of a bitch.” The recent events in Tunisia and Egypt indicate that almost seventy years later, this unfortunate phrase seems to continue to guide US foreign policy.