Italian Judges' Point Of View On Foreign States' Immunity,
2011
Vanderbilt University Law School
Italian Judges' Point Of View On Foreign States' Immunity, Elena Sciso
Vanderbilt Journal of Transnational Law
The Article gives an account of the most recent Italian practice as regarding foreign states' immunity from the jurisdiction of the forum state. In the absence of domestic laws regulating the matter, Italian courts thus far have been directly applying international customary law, making recourse to a progressive interpretation of international rules. In the past, Italian judicial practice together with the Belgian one gave a great contribution to the consolidation of the restrictive immunity theory. In the last few years, Italian courts have lifted immunity with respect to acts of a foreign state qualified as "acta iure imperii" in civil …
Introduction, The .Xxx Factor,
2011
Skadden, Arps, Slate, Meagher & Flom LLP
Introduction, The .Xxx Factor, Rita Rodin Johnston
Cardozo Arts & Entertainment Law Journal
No abstract provided.
A Tale Of Two Decades: War Refugees And Asylum Policy In The European Union And The United States,
2011
Brooklyn Law School
A Tale Of Two Decades: War Refugees And Asylum Policy In The European Union And The United States, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Turkey's Accession To The Cisg: The Significance For Turkey And For Sales Transactions With U.S. Contracting Parties,
2011
Saint Louis University School of Law
Turkey's Accession To The Cisg: The Significance For Turkey And For Sales Transactions With U.S. Contracting Parties, William P. Johnson
All Faculty Scholarship
The United Nations Convention on Contracts for the International Sale of Goods (CISG) entered into force for Turkey on August 1, 2011. This article considers the significance of Turkey’s accession to the CISG as part of Turkey’s continuing engagement with systems of international trade, especially as relates to sales transactions with U.S. contracting parties. This article urges the Turkish bar to recognize that the CISG is a viable alternative to various potentially applicable bodies of domestic sales law, and the article offers some guidance regarding proper understanding and application of the CISG. This article also offers comparative analysis of some …
The Immunity Of State Officials Under The Un Convention On Jurisdictional Immunities Of States And Their Property,
2011
Vanderbilt University Law School
The Immunity Of State Officials Under The Un Convention On Jurisdictional Immunities Of States And Their Property, David P. Stewart
Vanderbilt Journal of Transnational Law
The U.S. Supreme Court decided in Samantar v. Yousuf that claims of immunity by individual foreign officials in U.S. courts will be determined not under the Foreign Sovereign Immunities Act but instead under the common law, drawing on principles of international law. The 2004 UN Convention on the Jurisdictional Immunities of States and Their Properties represents the most recent and comprehensive international thinking on the question of jurisdictional immunities of foreign states and their officials in foreign courts. Under the Convention, individual representatives of a state acting in that capacity are entitled to the same immunities as the state itself. …
Abusing The Authority Of The State: Denying Foreign Official Immunity For Egregious Human Rights Abuses,
2011
Vanderbilt University Law School
Abusing The Authority Of The State: Denying Foreign Official Immunity For Egregious Human Rights Abuses, Beth Stephens
Vanderbilt Journal of Transnational Law
Government officials accused of human rights abuses often claim that they are protected by state immunity because only the state can be held responsible for acts committed by its officials. This claim to immunity is founded on two interrelated errors. First, the post-World War II human rights transformation of international law has rendered obsolete the view that a state can protect its own officials from accountability for human rights violations. Second, officials can be held individually responsible for their own actions even when international law also holds the states liable for those acts. This Article begins with an analysis of …
Changing The International Law Of Sovereign Immunity Through National Decisions,
2011
Vanderbilt University Law School
Changing The International Law Of Sovereign Immunity Through National Decisions, Lori F. Damrosch
Vanderbilt Journal of Transnational Law
The international law of sovereign immunity derives from state practice embodied in national judicial decisions and legislation. Although some U.S. Supreme Court decisions refer to this body of law using terms like "grace and comity," the customary international law of sovereign immunity is law, which national courts should consider when arriving at immunity decisions. While it would be possible for a widely followed international treaty to work changes in customary international law, the UN Convention on Jurisdictional Immunities of States and Their Property has not done so yet. National legislation such as the U.S. Foreign Sovereign Immunities Act can precipitate …
Torture In The Eyes Of The Beholder,
2011
Vanderbilt University Law School
Torture In The Eyes Of The Beholder, Mary-Hunter M. Mcdonnell, Loran F. Nordgren, George Loewenstein
Vanderbilt Journal of Transnational Law
This Article draws upon recent social psychological research to demonstrate the psychological difficulty of distinguishing between torture and enhanced interrogation. We critique the accuracy of evaluations made under the current torture standard using two constructs--reliability and validity--that are employed in the social sciences to assess the quality of a construct or metric. We argue that evaluations of interrogation tactics using the current standard are both unreliable and invalid. We first argue that the torture standard is unreliable because of the marked variation in the manner in which different jurisdictions interpret and employ it. Next, we draw on recent social psychological …
The Threat Of Force As An Action In Self-Defense Under International Law,
2011
Vanderbilt University Law School
The Threat Of Force As An Action In Self-Defense Under International Law, James A. Green, Francis Grimal
Vanderbilt Journal of Transnational Law
Self-defense is a universally accepted exception to the prohibition of the use of force in international law, and it has been subjected to careful academic scrutiny. The prohibition of the threat of force, although equally important in terms of its normative status to the prohibition on use, has attracted far less academic commentary to date. This Article examines the relationship between the two prohibitions--of the use and threat of force--and considers the largely unexplored possibility of states utilizing a threat of force as a means of lawful defensive response: self-defense in the form of a threat. The status of this …
Private Actors And Public Governance Beyond The State: The Multinational Corporation, The Financial Stability Board And The Global Governance Order,
2011
Penn State Law
Private Actors And Public Governance Beyond The State: The Multinational Corporation, The Financial Stability Board And The Global Governance Order, Larry Cata Backer
Faculty Scholarship
Transnational corporations are at the center of extraordinary and complex governance systems that are developing outside the state and international public organizations, and beyond the conventionally legitimating framework of the forms of domestic or international hard law. Though these systems are sometimes recognized as autonomous and authoritative among its members, they are neither isolated from each other nor from the states with which they come into contact. Together these systems may begin to suggest a new template for networked governance beyond the state, but one in which public and private actors are integrated stakeholders. This provides the source of the …
Sun, Sea, Sand ... And Space: Launching Tourists Into Outer Space From The Dutch Caribbean,
2011
University of Nebraska - Lincoln
Sun, Sea, Sand ... And Space: Launching Tourists Into Outer Space From The Dutch Caribbean, Frans G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
With the first space tourist flights coming ever closer to reality, the interests in becoming part of this challenging new chapter of human spaceflight are also spreading across the globe. One of the legally most interesting projects concerns the plans of Space Experience Curac;ao, a Dutch company, to develop a spaceport on the island of Curaçao in the Dutch Antilles, so far famous largely for its holiday resorts. The aim is to allow as of 2014 commercial spaceflights to be undertaken from the island as well as to start offering such flights itself from the island. The Dutch Antilles are …
A Lesson From The Holocaust Restitution Movement For Armenians: Generate Momentum To Secure Restitution,
2011
Benjamin N. Cardozo School of Law
A Lesson From The Holocaust Restitution Movement For Armenians: Generate Momentum To Secure Restitution, Vartges Saroyan
Cardozo Journal of Conflict Resolution
This Note proceeds in five parts. Part I provides a historical background of the events prior to and during the Armenian Genocide, and the claims arising out of the Genocide. Part II discusses the status of Genocide restitution and the roadblocks that continue to prevent widespread recovery. Part III explains the timeline of the Holocaust restitution movement and how advocates for restitution were finally able to have some success. Part IV proposes that Genocide-era claims be sought not only by filing lawsuits, but also by creating momentum through negotiation and other principles of ADR. Part V concludes by reiterating the …
One Web To Unite Us All: Bridging The Digital Divide,
2011
Benjamin N. Cardozo School of Law
One Web To Unite Us All: Bridging The Digital Divide, Brooke Menschel
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Should Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium,
2011
Saint Louis University School of Law
Should Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman
All Faculty Scholarship
This article discusses the Belgian jury system and the decision in Taxquet v. Belgium and then explores to what extent a requirement of reasoned judgments will affect the survival of European juries. It focuses on Spain, where the jury is required to give reasons for its verdicts, and where a lively high-court jurisprudence has developed addressing the quality and sufficiency of jury reasons. This article suggests that it might be appropriate for jury courts in the United States to in some way justify their decision of guilt, in order to minimize the amount of completely innocent persons who have been …
Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change,
2011
University of Colorado Law School
Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change, Anna Spain
Publications
This Article examines the role of international adjudication as a mechanism for resolving international disputes and promoting global peace and security in an era of climate change. The central claim is that adjudication has limitations that make it ineffective as a tool for resolving international resource disputes. The Article argues that adjudication is limited due to source and process challenges and it illustrates this claim by reviewing cases adjudicated by the International Court of Justice, the Permanent Court of Arbitration and other international courts and tribunals. Four categories of adjudication limitation emerge: a) cases where the parties refused to submit …
Understanding Exclusion Of The Cisg: A New Paradigm Of Determining Party Intent,
2011
Saint Louis University School of Law
Understanding Exclusion Of The Cisg: A New Paradigm Of Determining Party Intent, William P. Johnson
All Faculty Scholarship
The village market of old has become a global market today. The products we use or consume on a daily basis are produced all over the world. Asparagus grown in Peru, coffee beans harvested in Guatemala, shoes made in Italy, and Japanese automobiles are all readily available to consumers throughout the United States. Moreover, U.S. companies—even small U.S. companies—have their products manufactured in foreign jurisdictions where labor is cheap and the necessary raw materials are plentiful. And those U.S. companies who do manufacture their products in the United States nevertheless often obtain their parts, components, raw materials, and supplies from …
"European Copyright Code" – Back To First Principles (With Some Additional Detail),
2011
Columbia Law School
"European Copyright Code" – Back To First Principles (With Some Additional Detail), Jane C. Ginsburg
Faculty Scholarship
The "Wittem Group" of copyright scholars has proposed a "European Copyright Code," to "serve as an important reference tool for future legislatures at the European and national levels." Because, notwithstanding twenty years of Directives and a growing ECJ caselaw, copyright law in EU Member States continues to lack uniformity, the Wittem Group’s endeavor should be welcomed, at least as a starting point for reflection on the desirable design of an EU copyright regime. Whether or not the proposed Code succeeds in influencing national or Community legislation, it does offer an occasion to consider the nature of the rights that copyright …
Criminal Reports: United States Of America V. Khadr,
2011
Dalhousie University Schulich School of Law
Criminal Reports: United States Of America V. Khadr, Steve Coughlan, Robert Currie
Articles, Book Chapters, & Popular Press
The United States of America sought the extradition of the applicant to face terrorism-related charges. The applicant had been taken into custody by the Pakistani Intelligence Agency, the ISI, and held in a secret detention centre for approximately fourteen months before he was released and repatriated to Canada. He had been interrogated by American FBI agents while in Pakistan and had given them a statement. He also gave a statement to CSIS following his return to Canada, and shortly after that gave a second statement to FBI officials. The applicant sought a stay of proceedings of the extradition hearing on …
New First Principles? Assessing The Internet’S Challenges To Jurisdiction,
2011
University of Ottawa
New First Principles? Assessing The Internet’S Challenges To Jurisdiction, Teresa Scassa, Robert Currie
Articles, Book Chapters, & Popular Press
The globalized and decentralized Internet has become the new locus for a wide range of human activity, including commerce, crime, communications and cultural production. Activities which were once at the core of domestic jurisdiction have moved onto the Internet, and in doing so, have presented numerous challenges to the ability of states to exercise jurisdiction. In writing about these challenges, some scholars have characterized the Internet as a separate “space” and many refer to state jurisdiction over Internet activities as “extraterritorial.” This article examines these challenges in the context of the overall international law of jurisdiction, rather than focusing on …
Internet Access Rights: A Brief History And Intellectual Origins,
2011
Dalhousie University Schulich School of Law
Internet Access Rights: A Brief History And Intellectual Origins, Jonathon Penney
Articles, Book Chapters, & Popular Press
If there is anything we have learned from recent protest movements around the world, and the heavy-handed government efforts to block, censor, suspend, and manipulate Internet connectivity, it is that access to the Internet, and its content, is anything but certain, especially when governments feel threatened. Despite these hard truths, the notion that people have a "right" to Internet access gained high-profile international recognition last year. In a report to the United Nations General Assembly in early 2011, Frank La Rue, the UN Special Rapporteur on Freedom of Expression, held that Internet access should be recognized as a "human right". …
