Russia's Lack Of American-Style Agency Priciples: A Primary Cause Of Corporate Governance Problems Today,
2011
University of South Carolina
Russia's Lack Of American-Style Agency Priciples: A Primary Cause Of Corporate Governance Problems Today, C. Keith Marshall Jr.
South Carolina Journal of International Law and Business
No abstract provided.
The Impending Nuclear Disaster: Flaws In The International Counter-Proliferation Regime At Sea,
2011
U.S. Naval War College
The Impending Nuclear Disaster: Flaws In The International Counter-Proliferation Regime At Sea, Raul (Pete) Pedrozo
Loyola University Chicago International Law Review
No abstract provided.
The Law Of War In The War Against Terrorism,
2011
Vanderbilt University Law School
The Law Of War In The War Against Terrorism, Michael A. Newton
Loyola University Chicago International Law Review
No abstract provided.
The Destruction Of Mass Weapon Distribution: The United Nations Arms Trade Treaty & The Part America Must Play,
2011
Loyola University Chicago, School of Law
The Destruction Of Mass Weapon Distribution: The United Nations Arms Trade Treaty & The Part America Must Play, Matthew Leavitt
Loyola University Chicago International Law Review
No abstract provided.
The Somali Piracy Challenge: Operational Partnering, The Rule Of Law, And Capacity Building,
2011
Global Maritime Operational Threat Response Coordination Center
The Somali Piracy Challenge: Operational Partnering, The Rule Of Law, And Capacity Building, Brian Wilson
Loyola University Chicago International Law Review
No abstract provided.
The Fight For Clean Technology Funds: Who Should Control The Future Of Low-Carbon Technology In The Developing World,
2011
Indiana University Maurer School of Law
The Fight For Clean Technology Funds: Who Should Control The Future Of Low-Carbon Technology In The Developing World, William Gardner
Indiana Journal of Global Legal Studies
As part of a multilateral climate change treaty, the parties to the United Nations Framework Convention on Climate Change (UNFCCC) have discussed establishing an international aid mechanism, or fund, to support low-carbon energy generation and energy efficiency projects in developing countries. The selection of a fund administrator has been particularly contentious. Many developed countries believe that, rather than creating a new fund, the COP should use an already established one-the World Bank's Clean Technology Fund (CTF)-and select the World Bank as fund administrator.H owever, many developing countries believe the Conference of the Parties (COP) to the UNFCCC should create a …
The Alien Tort Statute And Flomo V. Firestone Natural Rubber Company: The Key To Change In Global Child Labor Practices?,
2011
Indiana University Maurer School of Law
The Alien Tort Statute And Flomo V. Firestone Natural Rubber Company: The Key To Change In Global Child Labor Practices?, Jessica Bergman
Indiana Journal of Global Legal Studies
The case of Flomo v. Firestone Natural Rubber Company involves child laborers' claims that labor practices on a Liberian rubber plantation violate international norms. Though the case was recently resolved in favor of the defendants at the district court level, the case's complicated procedural and substantive history offers insight into the viability of future child labor claims. This Note examines the Flomo case and explores how standards from the ATS and the United States Supreme Court case Sosa v. Alvarez-Machain apply to future plaintiffs' claims. This Note also analyzes the potential repercussions that plaintiffs face in using the ATS as …
From Sovereignty To Responsibility: An Emerging International Norm And Its Call To Action In Burma,
2011
Indiana University Maurer School of Law
From Sovereignty To Responsibility: An Emerging International Norm And Its Call To Action In Burma, Alison Mccormick
Indiana Journal of Global Legal Studies
"[O]ur struggle for democracy is a struggle for our everyday life." This, in the words of long-detained pro-democracy leader Aung San Suu Kyi, describes the isolated pariah state of Burma. Under brutal military rule since 1962, Burma is still desperately trying to change its deplorable circumstances through the leadership of Suu Kyi, but continues to fail due to the regime-written "new" constitution that guarantees the regime's continued leading role in the state apparatus.2 Illegitimate elections and continued repression of the democratic opposition allow for the regime's violations of basic human rights to continue. Rights violations that include displacement, forced labor, …
Shareholder Liability For Joint Venture Infringements In The European Union,
2011
Fordham Law School
Shareholder Liability For Joint Venture Infringements In The European Union, Jolling K. De Pree, Stefan C.H. Molin
Fordham International Law Journal
Part I of this Essay briefly addresses the legal basis for attribution of liability as established by the CJ in Akzo Nobel. Part II discusses the Commission's new attribution policy for joint venture infringements and its compatibility with EU case law. Part III discusses the application of the concept of joint and several liability in joint venture situations.
Can The Enlarged European Union Continue To Be That United,
2011
Council of the European Union
Can The Enlarged European Union Continue To Be That United, Giorgio Maganza
Fordham International Law Journal
Although a tribute to Jean-Claude Piris could easily stretch through the whole spectrum of European Union law-which broadened in part thanks to his active contribution over the twenty-year term when he served as Legal Adviser to the Council of the European Union, the European Council, and several intergovernmental conferences for the reform of the treaties-it is appropriate to devote the following lines to the theme of institutional strengthening, which always attracted his consideration and thinking and to which he contributed some illuminating and forward-looking writings; and it is tempting to do so in the light of a specific feature that …
The European Union And The Treaty Of Lisbon,
2011
Fordham Law School
The European Union And The Treaty Of Lisbon, Roger J. Goebel
Fordham International Law Journal
With this cursory description of the European Council prior to the Treaty of Lisbon, this Essay turns to the major changes produced by that treaty. Space considerations require a limited focus. Part I discusses the impact of the European Council's new status as one of the institutions of the European Union ("EU"). Part II considers its designated power to take by qualified majority vote many important legally-binding decisions. Part III reviews two of its major roles: deciding when the Treaties should be amended and setting the procedure for amendment, and determining the timing and terms of accession of candidate nations. …
Cartels In The European Union: Procedural Fairness For Defendants And Claimants,
2011
Fordham Law School
Cartels In The European Union: Procedural Fairness For Defendants And Claimants, David Anderson, Rachel Cuff
Fordham International Law Journal
This Essay will explore the issues and concerns from both the defendant and plaintiff angle, and from the micro to the macro level. Above all, it hopes to suggest ways in which the EU systems might be improved to increase fairness and access to justice for both sides. The first three Parts of this Essay consider the issues from the point of view of defendants in cartel investigations. Part I looks at concerns regarding the procedural detail of the investigative process, and in particular the increasing impact of human rights arguments. Part II steps back to focus on more over-arching …
The Contradictory Overlapping Of National, Eu, Bilateral, And The Multilateral Rules On Foreign Direct Investment: Who Is Guilty Of Such A Mess,
2011
Fordham Law School
The Contradictory Overlapping Of National, Eu, Bilateral, And The Multilateral Rules On Foreign Direct Investment: Who Is Guilty Of Such A Mess, Ramon Torrent
Fordham International Law Journal
This intends to be a very empirical Essay. It lets the facts (legal facts, but facts nevertheless) speak for themselves. Part I of this Essay first examines the not granting of national treatment by European Union ("EU")-and EU Member States'-law to companies controlled by third-country nationals or other companies. Part II shows that bilateral investment treaties ("BITs") concluded by EU Member States do grant such national treatment horizontally and without any sectorial exception (contrary to US BITs that do include a list of exceptions, as shown in Part III). Part IV explains why BITs (not only EU Member States' BITs, …
The Status In Eu Law Of International Agreements Concluded By Eu Member States,
2011
Fordham Law School
The Status In Eu Law Of International Agreements Concluded By Eu Member States, Allan Rosas
Fordham International Law Journal
This Essay will, first, provide a general discussion on the status in Union law of agreements concluded by EU Member States. Second, brief discussions will follow on the specific nature of agreements concluded between the Member States inter se as well as on the special status of agreements concluded before the Member State concerned became a member of the Union. Third, the main part of this Essay will address different categories of agreements concluded by Member States in order to provide a more refined picture of the legal relevance of such agreements for Union law. The final Section will provide …
Head-Of-State And Foreign Official Immunity In The United States After Samantar: A Suggested Approach,
2011
Fordham Law School
Head-Of-State And Foreign Official Immunity In The United States After Samantar: A Suggested Approach, Christopher D. Totten
Fordham International Law Journal
A concept of immunity for foreign heads of state has existed since ancient times. Such immunity constitutes customary international law (“CIL”) and, when applicable, frees such individuals from the criminal jurisdiction of foreign nations while carrying out their duties. In the United States, executive branch guidance is considered determinative on the issue of foreign head-of-state immunity; however, the executive branch does not always provide suggestions of immunity, or it may provide suggestions that violate CIL. Drawing upon both US and against foreign sitting and former heads of state and government officials increasingly are becoming more established and ma provide additional …
Protecting Non-Us Citizens From Removal Terminating Hiv/Aids Treatment,
2011
Fordham Law School
Protecting Non-Us Citizens From Removal Terminating Hiv/Aids Treatment, Valerie K. Mitchell
Fordham International Law Journal
Part I of this Note introduces the problem of removal of non-US citizens with HIV/AIDS in the United States to countries where treatment is unavailable, and discusses case law in which the European Court of Human Rights and the Inter-American Commission on Human Rights have recognized a protection from removal that would terminate HIV/AIDS treatment. Part II examines the US domestic legal protections potentially available to non-US citizens in the United States whose removal will terminate their HIV/AIDS treatment, as well as the application of each of these legal protections to those with HIV/AIDS contesting deportation to countries lacking adequate …
Table Of Contents,
2011
Loyola University Chicago, School of Law
Table Of Contents, Loyola University Chicago International Law Review
Loyola University Chicago International Law Review
No abstract provided.
Litigating The Long War On Terror: The Role Of Al-Aulaqi V. Obama,
2011
University of Illinois College of Law
Litigating The Long War On Terror: The Role Of Al-Aulaqi V. Obama, Lesley Wexler
Loyola University Chicago International Law Review
No abstract provided.
The Evolution Of International Law: Arcs And Cycles,
2011
Case Western Reserve University School of Law
The Evolution Of International Law: Arcs And Cycles, Michael J. Kelly
Case Western Reserve Journal of International Law
No abstract provided.
What Is This Case Doing Here? Human Rights Litigation In The Courts Of The United States,
2011
Case Western Reserve University School of Law
What Is This Case Doing Here? Human Rights Litigation In The Courts Of The United States, Steven M. Schneebaum
Case Western Reserve Journal of International Law
No abstract provided.
