Three Obstacles To The Promotion Of Corporate Social Responsibility By Means Of The Alien Tort Claims Act: The Sosa Court's Incoherent Conception Of The Law Of Nations, The "Purposive" Action Requirement For Aiding And Abetting, And The State Action Requirement For Primary Liability,
2010
Northwestern University School of Law
Three Obstacles To The Promotion Of Corporate Social Responsibility By Means Of The Alien Tort Claims Act: The Sosa Court's Incoherent Conception Of The Law Of Nations, The "Purposive" Action Requirement For Aiding And Abetting, And The State Action Requirement For Primary Liability, David A. Dana, Michael Barsa
Faculty Working Papers
The ATCA could be a powerful tool to promote corporate CSR, especially in developing countries where local legal restraints are weak. But despite the good normative reasons why the ATCA should be used in this way, serious obstacles remain. The Supreme Court's ahistorical and incoherent formulation of the "law of nations" fails to promote the development of the ATCA in ways that would cover even serious environmental harm. Also, the federal courts' confused jurisprudence concerning aiding and abetting and state action creates too many loopholes through which egregious corporate behavior may slip unpunished. In order to overcome these obstacles, we …
International Law And Rawls' Theory Of Justice,
2010
Northwestern University School of Law
International Law And Rawls' Theory Of Justice, Anthony D'Amato
Faculty Working Papers
The complexity of present-day international law stands in an uneasy relation to the scheme of justice propounded by Rawls. The problems facing international lawyers may pose a conceptual threat to some of the fundamental bases upon which Rawls builds his entire theoretical edifice.
Bagram, Boumediene, And Limited Government,
2010
Valparaiso University Law School
Bagram, Boumediene, And Limited Government, Robert Knowles
Law Faculty Publications
No abstract provided.
Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks),
2010
IIT Chicago-Kent College of Law
Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks), Todd Haugh
All Faculty Scholarship
No abstract provided.
The Relevance Of International Law To The Domestic Decision On Prosecutions For Past Torture,
2010
IIT Chicago-Kent College of Law
The Relevance Of International Law To The Domestic Decision On Prosecutions For Past Torture, Bartram Brown
All Faculty Scholarship
The US, as a champion of human rights abroad, has often been skeptical and even critical when other states have granted de facto amnesty allowing impunity for gross violations of human rights. Nonetheless, some now argue that the US should turn a blind eye to the evidence indicating that under the Bush Administration US government officials formulated and implemented a policy of torture. Naturally, arguments about US national security have been central to the debate. The CIA’s own reports insist that enhanced interrogation techniques have been effective in yielding valuable information vital to the national security of the United States, …
Neither Victims Nor Executioners: The Dilemma Of Victim Participation And The Defendant's Right To A Fair Trial At The Ineternational Criminal Court,
2010
Nova Southeastern University
Neither Victims Nor Executioners: The Dilemma Of Victim Participation And The Defendant's Right To A Fair Trial At The Ineternational Criminal Court, Scott T. Johnson
ILSA Journal of International & Comparative Law
My talk today analyzes victims' [articipation from the defendant's perspective and its impact upon the right to a fair trial at the International Criminal Court (ICC).
Comparacion Historica Y Contemporanea De Los Esfuerzos Legales De Brasil Y Los Estados Unidos Para Acorralar La Piratedria De Musica Digital Y Software P2p,
2010
Nova Southeastern University
Comparacion Historica Y Contemporanea De Los Esfuerzos Legales De Brasil Y Los Estados Unidos Para Acorralar La Piratedria De Musica Digital Y Software P2p, Nolan Garrido
ILSA Journal of International & Comparative Law
Hoy en dia las compras legales de mfisica en linea han subido notablemente.
Climate Change And Developing Countries: The International Law Perspective,
2010
Nova Southeastern University
Climate Change And Developing Countries: The International Law Perspective, Ved P. Nanda
ILSA Journal of International & Comparative Law
A broad scientific consensus exists that climate change is real and the amount and rate of change have accelerated; the only uncertainty is about the political will of the international community to take effective measures to combat it.
Crimes Against Humanity Draft Bill Of 2009: The International Umplications Of Addressing Impunity Through National Legislation,
2010
Nova Southeastern University
Crimes Against Humanity Draft Bill Of 2009: The International Umplications Of Addressing Impunity Through National Legislation, Hansdeep Singh
ILSA Journal of International & Comparative Law
U.S. scholars have long been calling for domestic legislation addressing crimes against humanity.'
The Crisis: Libertas And Veritas,
2010
Nova Southeastern University
The Crisis: Libertas And Veritas, Eric Engle
ILSA Journal of International & Comparative Law
The world today finds itself in a recession. The global recession was caused by unsustainable borrowing provoked by the self destructive and incoherent "war on terror" in concert with irresponsible bank lending-bad debt.
From Beggars To Citizens: The Right To Nondiscrimination In Admission Into Commercial Establishments In Guatemala,
2010
Nova Southeastern University
From Beggars To Citizens: The Right To Nondiscrimination In Admission Into Commercial Establishments In Guatemala, Najman Alexander Aizenstatd Leistenschneider
ILSA Journal of International & Comparative Law
The denial of access to individuals into commercial establishments for arbitrary reasons is a common occurrence.
The Evolution Of Anti-Slavery Laws In The United States,
2010
Nova Southeastern University
The Evolution Of Anti-Slavery Laws In The United States, Regina Bernadin
ILSA Journal of International & Comparative Law
In this new century, the United States of America is still struggling to end slavery within its borders.
A Human Rights Framework For Corporate Accountability,
2010
Nova Southeastern University
A Human Rights Framework For Corporate Accountability, Jeanne M. Woods
ILSA Journal of International & Comparative Law
The ongoing controversy over corporate liability for human rights violations' seems counterintuitive today, in an era characterized by the unprecedented expansion of both rights instruments and global commercial intercourse.
International Migration: Trends, Challenges, And Need For Cooperation Within An International Human Rights Framework,
2010
Nova Southeastern University
International Migration: Trends, Challenges, And Need For Cooperation Within An International Human Rights Framework, Ved P. Nanda
ILSA Journal of International & Comparative Law
International migration is a growing phenomenon with the estimated number of international migrants worldwide currently at 214 million
A "Re-Visioned" Foreign Direct Investment Approach From An Emerging Country Perspective: Moving From A Vicious Circle To A Virtuous Cycle,
2010
Nova Southeastern University
A "Re-Visioned" Foreign Direct Investment Approach From An Emerging Country Perspective: Moving From A Vicious Circle To A Virtuous Cycle, Rumu Sarkar
ILSA Journal of International & Comparative Law
This Critical Essay sets forth and expands upon remarks presented at the International Law Weekend 2010 in New York, New York, which constitutes the annual meeting of the American Branch of the International Law Association (ABILA)
The Legal Integration Of The American Continent: An Invitation To Legal Science To Build A New Ius Commune,
2010
Nova Southeastern University
The Legal Integration Of The American Continent: An Invitation To Legal Science To Build A New Ius Commune, Juan Pablo Pampillo Balino
ILSA Journal of International & Comparative Law
The legal integration of the American Continent is one of the most important, suggestive and fertile issues for legal scholars on our continent.,
Tortured Law/Tortured "Justice"-Joint Criminal Enterprise In The Case Of Aloys Simba,
2010
Nova Southeastern University
Tortured Law/Tortured "Justice"-Joint Criminal Enterprise In The Case Of Aloys Simba, Beth S. Lyons
ILSA Journal of International & Comparative Law
Joint criminal enterprise (JCE)-a judicially interpreted doctrine'- has become a "hallmark" mode of liability at the international Tribunals.
The Moon Agreement And Private Enterprise: Lessons From Investment Law,
2010
Nova Southeastern University
The Moon Agreement And Private Enterprise: Lessons From Investment Law, Timothy G. Nelson
ILSA Journal of International & Comparative Law
The year 2009 marked two events of interest to those with an interest in lunar exploration.
Introduction: The New Collective Security,
2010
University of Maryland School of Law
Introduction: The New Collective Security, Peter G. Danchin, Horst Fischer
Faculty Scholarship
Whether viewed as a socio-legal project gently civilizing states away from an older politics of diplomacy, deterrence, self-help and legitimate warfare, or as an institutional project establishing a collective security system premised on the rule of law, the primary purpose of the United Nations today remains the maintenance of international peace and security and the abolition of the “scourge of war.” In March 2003, the U.S. and its allies invaded Iraq, a member State of the United Nations, in order to disarm it and change the regime of Saddam Hussein. The war shook the United Nations and leading capitals around …
Things Fall Apart: The Concept Of Collective Security In International Law,
2010
University of Maryland School of Law
Things Fall Apart: The Concept Of Collective Security In International Law, Peter G. Danchin
Faculty Scholarship
This chapter provides an introduction to the analytical and historical aspects of the concept of collective security in international law. Taking the examples of Italy’s invasion of Ethiopia in 1935 during the League of Nations and the complaint brought by Hyderabad against India at the very inception of the United Nations in 1948, the chapter traces the complex dialectics of normativity and concreteness in debates concerning collective security. Mirroring the normative and institutional dilemmas underlying the two cases of Ethiopia and Hyderabad, it is observed that the questions of “external threats” (the threat or use of force between States) and …
