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All Articles in International Law

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Deviations From The International Rule Of Law: An Historical Footnote, Arthur T. Downey 2011 Villanova University Charles Widger School of Law

Deviations From The International Rule Of Law: An Historical Footnote, Arthur T. Downey

Villanova Law Review (1956 - )

The article discusses the international rule of law as of July 2011, focusing on a historical overview of international affairs including the use of privateer maritime forces, the efforts of the U.S. to codify the international law in regards to maritime warfare, and the impact of the Crimean War on the development of the rule of international law. John F. Murphy's book "The United States and the Rule of Law in International Affairs" is also mentioned.


Opening Remarks, Peter T. Coleman 2011 Columbia University

Opening Remarks, Peter T. Coleman

Cardozo Journal of Conflict Resolution

No abstract provided.


An Empirical Analysis Of Wealth Disparities In Wto Disputes:
 Do Poorer Countries Suffer From Strategic Delay During Dispute Litigation?, Geoffrey Antell, James W. Coleman 2011 U.S. House of Representatives

An Empirical Analysis Of Wealth Disparities In Wto Disputes:
 Do Poorer Countries Suffer From Strategic Delay During Dispute Litigation?, Geoffrey Antell, James W. Coleman

Faculty Journal Articles and Book Chapters

A long-standing debate questions whether the World Trade Organization’s (“WTO”) formal dispute settlement procedures level the playing field for lower income countries in international trade disputes, or instead, merely give opportunistic and sophisticated countries complex rules that they can use to exploit these lower income countries. Using a database of cases decided under the WTO, this article examines whether there is evidence that developing countries suffer strategic delay when they sue developed countries. Strategic delay is a crucial consideration in WTO proceedings because, unlike in typical litigation, the WTO dispute settlement process does not offer backward-looking remedies. As a result, …


The Politics Of Corporate Alien Tort Cases, Chimène Keitner 2011 UC Hastings College of the Law

The Politics Of Corporate Alien Tort Cases, Chimène Keitner

Faculty Scholarship

No abstract provided.


International Arbitration Of Patent Disputes, 10 J. Marshall Rev. Intell. Prop. L. 384 (2011), Wei-Hua Wu 2011 UIC School of Law

International Arbitration Of Patent Disputes, 10 J. Marshall Rev. Intell. Prop. L. 384 (2011), Wei-Hua Wu

UIC Review of Intellectual Property Law

This paper discusses the concept of using international arbitration as a method of resolving patent disputes. First, this paper examines the arbitrability of patent validity disputes from a public policy viewpoint. The question is whether, or to what extent, the subject matter of patent validity disputes may be settled by international commercial arbitration. Second, this paper provides suggestions on strategies for organizational decision-makers to consider whether it is proper to choose arbitration as a more favorable tool when confronted with a patent dispute. Finally, this paper discusses how to choose the seat of arbitral institution and the applicable law.


The Somali Piracy Problem: A Global Puzzle Necessitating A Global Solution, Milena Sterio 2011 American University Washington College of Law

The Somali Piracy Problem: A Global Puzzle Necessitating A Global Solution, Milena Sterio

American University Law Review

Over the past few years, piracy has exploded off the coast of Somalia. The Somali pirates congregate on a mother ship and then divide into smaller groups that sail out on tiny skiffs. Using potent weapons like AK-47’s and hand-propelled grenades, the Somali pirates then attack civilian ships carrying cargo through the Gulf of Aden, toward South Africa or Asia. Once they have overtaken the victim vessel, pirates typically hijack the vessel’s cargo and crewmembers. The former is often resold to willing buyers (some of which include terrorist organizations like Al Qaeda). The latter are taken to the Somali shore …


A Grotian Moment: Changes In The Legal Theory Of Statehood, Milena Sterio 2011 Cleveland-Marshall College of Law, Cleveland State University

A Grotian Moment: Changes In The Legal Theory Of Statehood, Milena Sterio

Law Faculty Articles and Essays

This article examines the Grotian Moment theory and its practical application toward the legal theory of statehood. To that effect, this article describes, in Part II, the notion of a Grotian Moment. In Part III, it examines the legal theory of statehood in its traditional form. Part IV describes changes in the legal theory of statehood brought about by the forces of globalization in a Grotian Moment manner. These changes include a new notion of state sovereignty and the accompanying right to intervention, the emergence of human and minority rights that sometimes affect state territorial integrity, the existence of de …


Introduction, Robert Shawn Hogue 2011 University of Miami Law School

Introduction, Robert Shawn Hogue

University of Miami Inter-American Law Review

No abstract provided.


Managing The Rule Of Law In The Americas: An Empirical Portrait Of The Effects Of 15 Years Of Wto, Mercosul, And Nafta Dispute Resolution On Civil Society In Latin America, Stephen Joseph Powell, Ludmilla Mendonça Lopes Ribeiro, Zachary D. Kaufman, Claudio Grossman, Patricia Camino 2011 University of Miami Law School

Managing The Rule Of Law In The Americas: An Empirical Portrait Of The Effects Of 15 Years Of Wto, Mercosul, And Nafta Dispute Resolution On Civil Society In Latin America, Stephen Joseph Powell, Ludmilla Mendonça Lopes Ribeiro, Zachary D. Kaufman, Claudio Grossman, Patricia Camino

University of Miami Inter-American Law Review

No abstract provided.


Labor Rights And Environmental Protection Under Nafta And Other U.S. Free Trade Agreements, David A. Gantz, C. Ryan Reetz, Guillermo Aguilar-Alvarez, Jan Paulsson 2011 University of Miami School of Law

Labor Rights And Environmental Protection Under Nafta And Other U.S. Free Trade Agreements, David A. Gantz, C. Ryan Reetz, Guillermo Aguilar-Alvarez, Jan Paulsson

University of Miami Inter-American Law Review

No abstract provided.


Nearshore Alternative: Latin America's Potential In The Offshore Legal Process Outsourcing Marketplace, Kara D. Romagnino 2011 University of Miami Law School

Nearshore Alternative: Latin America's Potential In The Offshore Legal Process Outsourcing Marketplace, Kara D. Romagnino

University of Miami Inter-American Law Review

No abstract provided.


Ramirez-Peyro V. Holder: Protecting Mexican Informants From Themselves, David Seth Yohay 2011 University of Miami Law School

Ramirez-Peyro V. Holder: Protecting Mexican Informants From Themselves, David Seth Yohay

University of Miami Inter-American Law Review

No abstract provided.


Transcript: Globalisation Of The Hague Children's Conventions With Emphasis On The Child Abduction Convention, William Duncan 2011 University of Oklahoma College of Law

Transcript: Globalisation Of The Hague Children's Conventions With Emphasis On The Child Abduction Convention, William Duncan

Oklahoma Law Review

No abstract provided.


The Meaning Of "Habitual Residence" Under The Hague Convention On The Civil Aspects Of International Child Abduction And The Hague Convention On The Protection Of Children, Jeff Atkinson 2011 University of Oklahoma College of Law

The Meaning Of "Habitual Residence" Under The Hague Convention On The Civil Aspects Of International Child Abduction And The Hague Convention On The Protection Of Children, Jeff Atkinson

Oklahoma Law Review

No abstract provided.


Memorandum: Accommodating The Uccjea And The 1996 Hague Convention, Robert G. Spector 2011 University of Oklahoma College of Law

Memorandum: Accommodating The Uccjea And The 1996 Hague Convention, Robert G. Spector

Oklahoma Law Review

No abstract provided.


The Hague Convention On Child Abduction And Unilateral Relocations By Custodial Parents: A Perspective From The United States And Europe -- Abbott, Neulinger, Zarraga, Linda J. Silberman 2011 New York University School of Law

The Hague Convention On Child Abduction And Unilateral Relocations By Custodial Parents: A Perspective From The United States And Europe -- Abbott, Neulinger, Zarraga, Linda J. Silberman

Oklahoma Law Review

No abstract provided.


Global Child Welfare: The Challenges For Family Law, Ann Laquer Estin 2011 University of Iowa

Global Child Welfare: The Challenges For Family Law, Ann Laquer Estin

Oklahoma Law Review

No abstract provided.


"Please Let Me Stay": Hearing The Voice Of The Child In Hague Abduction Cases, Linda Elrod 2011 Washburn University School of Law

"Please Let Me Stay": Hearing The Voice Of The Child In Hague Abduction Cases, Linda Elrod

Oklahoma Law Review

No abstract provided.


"Competence-Competence And Separability-American Style", Published As Chapter 8 In International Arbitration And International Commercial Law: Synergy, Convergence And Evolution, Jack M. Graves, Yelena Davydan 2011 Touro Law Center

"Competence-Competence And Separability-American Style", Published As Chapter 8 In International Arbitration And International Commercial Law: Synergy, Convergence And Evolution, Jack M. Graves, Yelena Davydan

Scholarly Works

No abstract provided.


You Can Only Race If You Can’T Win? The Curious Cases Of Oscar Pistorius & Caster Semenya, Shawn M. Crincoli 2011 Touro Law Center

You Can Only Race If You Can’T Win? The Curious Cases Of Oscar Pistorius & Caster Semenya, Shawn M. Crincoli

Scholarly Works

No abstract provided.


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