Use Of Force By Private Contractors Against Somali Pirates,
2011
Case Western Reserve University School of Law
Use Of Force By Private Contractors Against Somali Pirates, Effy Folberg
War Crimes Memoranda
No abstract provided.
Case Brief: In Re Mohamud Mohamed Hashi Et Al. (2009),
2011
Case Western Reserve University School of Law
Case Brief: In Re Mohamud Mohamed Hashi Et Al. (2009), Pilpg
War Crimes Memoranda
No abstract provided.
Domestic Incorporation Of International Law: Comparative State Practice,
2011
Case Western Reserve University School of Law
Domestic Incorporation Of International Law: Comparative State Practice, Pilpg
War Crimes Memoranda
No abstract provided.
Payment Of Piracy Ransoms,
2011
Case Western Reserve University School of Law
'Accountability' As 'Legitimacy': Global Governance, Global Civil Society And The United Nations,
2011
American University Washington College of Law
'Accountability' As 'Legitimacy': Global Governance, Global Civil Society And The United Nations, Kenneth Anderson
Scholarly Articles in Law Reviews & Journals
This essay is a contribution to a symposium on international NGO accountability. It distinguishes between "internal" accountability for NGOs (fiduciary standards, fiscal and internal governance controls, etc.) and "external" accountability (the legitimacy with which they act in the international world, and the legitimacy which they confer upon others, and why). The essay focuses upon the latter, external accountability, and argues that the transformation of international NGOs into "global civil society" signaled an ideological move with regards to legitimacy in the global community, one which asserted claims of "representativeness" and not merely interest or expertise. The essay criticizes this legitimacy move, …
Security Council Resolution 1973 On Libya: A Moment Of Legal & Moral Clarity,
2011
American University Washington College of Law
Security Council Resolution 1973 On Libya: A Moment Of Legal & Moral Clarity, Paul Williams, Colleen Popken
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Earned Sovereignty: The Future Of Sovereignty-Based Conflict Resolution,
2011
American University Washington College of Law
Earned Sovereignty: The Future Of Sovereignty-Based Conflict Resolution, Paul Williams
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Migratory Connectivity And The Conservation Of Migratory Animals,
2011
American University Washington College of Law
Migratory Connectivity And The Conservation Of Migratory Animals, David Hunter
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Sovereignty, Accountability, And The Wealth Fund Governance Conundrum,
2011
American University Washington College of Law
Sovereignty, Accountability, And The Wealth Fund Governance Conundrum, Anna Gelpern
Scholarly Articles in Law Reviews & Journals
Sovereign wealth funds – state-controlled transnational portfolio investment vehicles – began as an externally imposed category in search of a definition. SWFs from different countries had little in common and no particular desire to collaborate. But SWFs as a group implicated the triple challenge of securing cooperation between deficit and surplus states, designing a legal framework for global capital flows, and integrating state actors in the transnational marketplace. This Article describes how an apparently artificial grouping of investors, made salient by the historical and political circumstances of their host states in the mid-2000s, became a vehicle for addressing some of …
Harmonizing Climate Change Policy And International Investment Law: Threats, Challenges And Opportunities,
2011
Columbia Law School
Harmonizing Climate Change Policy And International Investment Law: Threats, Challenges And Opportunities, Daniel M. Firger, Michael Gerrard
Faculty Scholarship
This chapter responds to a chorus of commentary about the potential for conflict between the international investment law regime and an array of national and international actions being undertaken to mitigate and adapt to global climate change. Contrary to conventional wisdom, while some climate-friendly regulations may indeed be facially incompatible with the obligations imposed on states by typical international investment agreements (IIAs), many climate policies – especially those related to clean energy finance and technology transfer – involve principles common to foreign investment law and are largely compatible with that regime. Moreover, pending the unlikely negotiation of a single global …
Lawfare: A War Worth Fighting,
2011
American University Washington College of Law
Lawfare: A War Worth Fighting, Paul Williams
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Transparency And The Expansion Of The Wto Mandate,
2011
American University Washington College of Law
Transparency And The Expansion Of The Wto Mandate, Padideh Ala'i
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Public Participation And The Private Sector: The Role Of Multilateral Development Banks In The Evolution Of International Legal Standards,
2011
American University Washington College of Law
Public Participation And The Private Sector: The Role Of Multilateral Development Banks In The Evolution Of International Legal Standards, Daniel D. Bradlow, Megan S. Chapman
Scholarly Articles in Law Reviews & Journals
This paper systematically describes the public participation standards currently applied by multilateral development banks (MDBs) to the private sector and seeks to identify emerging trends and areas for further development or improvement. It begins by outlining the developing body of international law on public participation and its relationship to good development practice. Thereafter, the paper describes the two principle models for standards attached to MDB funding and assistance to the private sector: (1) the World Bank policies applicable to the public sector; and (2) the International Finance Corporation (IFC) standards that are applicable to the private sector and how these …
The Evolution Of Operational Policies And Procedures At International Financial Institutions: Normative Significance And Enforcement Potential,
2011
American University Washington College of Law
The Evolution Of Operational Policies And Procedures At International Financial Institutions: Normative Significance And Enforcement Potential, Daniel D. Bradlow, Andria Naude Fourie
Scholarly Articles in Law Reviews & Journals
The exact contours of international organizations’ (IO) responsibility have not yet been clearly defined. While IOs – and international financial institutions (IFIs) in particular – have in the past avoided drawing those contours in more certain terms, this position is slowly changing: IFIs have been changing expectations about their standards of conduct, as reflected in their evolving operational policies and procedures (OP&P). This report provides an overview of the content, formulation, adoption, amendment and enforcement of OP&P at multilateral development banks (MDB) (a subset of IFIs). It highlights the impact of three developments that are strengthening the normative significance and …
The False Promise Of Decentralization In Eu Cohesion Policy,
2011
American University Washington College of Law
The False Promise Of Decentralization In Eu Cohesion Policy, Fernanda Nicola
Scholarly Articles in Law Reviews & Journals
The European Union (EL is 'gomg local"by taking decentralization ofpower seriously in order to create greater effectiveness for European law and policy especially with respect to its economic development or cohesion policy strategies. In this vein, the Treaty of Lisbon has modified the subsidiarityprnciplen ow includig a "regionala nd local" dinension while offerng new legal and political safeguards to protect subnational actors from the reach of EU law However, in EU cohesion policy cities, regions, and Lander in the different Member States are 'lumped together' into a third-level Europe that does not differentiate among these subnational actors. In addition, despite …
Globalizing Conservation Easements: Private Law Approaches For International Environmental Protection,
2011
New York Law School
Globalizing Conservation Easements: Private Law Approaches For International Environmental Protection, Gerald Korngold
Articles & Chapters
For the past thirty years nonprofit organizations have revolutionized open space and habitat conservation in the United States through the use of conservation easements. Pursuant to legislation, nonprofits may now acquire and hold perpetual restrictions that prevent alteration of the subject land’s natural and ecological features. These rights can be held “in gross,” with the result that the nonprofit need not own land near the restricted property and can be based in a distant location.
As a result of this success, proponents in more recent years have advocated the export of “conservation easements” from the United States to other countries. …
Moving Forward Together,
2011
Indiana University Maurer School of Law
Moving Forward Together, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Articles by Maurer Faculty
No abstract provided.
Editorial,
2011
Indiana University Maurer School of Law
Editorial, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Articles by Maurer Faculty
No abstract provided.
Space Tourism, Private Spaceflight And The Law: Key Aspects,
2011
University of Nebraska - Lincoln
Space Tourism, Private Spaceflight And The Law: Key Aspects, Frans G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
The arrival of ‘space tourism,’ or more appropriately ‘private spaceflight,’ requires the law of outer space to change and adapt to this revolutionary development, as deriving precisely from the principled private participation in these activities. After defining the proper concepts, this paper discusses key legal aspects of authorization and supervision, liability and registration, and how they re.ect and impact on space tourism. Key legal aspects related to certification of craft, crew and passengers, while not yet much articulated at the international level will also be touched upon precisely in order to demonstrate that the law could well be driven first …
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 …
