The 'Santiago Principles' And The International Forum Of Sovereign Wealth Funds: Evolving Components Of The New Bretton Woods Ii Post-Global Financial Crisis Architecture And Another Example Of Ad Hoc Global Administrative Networking And Related 'Soft' Rulemaking?,
2010
Southern Methodist University, Dedman School of Law
The 'Santiago Principles' And The International Forum Of Sovereign Wealth Funds: Evolving Components Of The New Bretton Woods Ii Post-Global Financial Crisis Architecture And Another Example Of Ad Hoc Global Administrative Networking And Related 'Soft' Rulemaking?, Joseph J. Norton
Faculty Journal Articles and Book Chapters
Beginning in the latter part of 2007, the proposed establishment of Chinese and Russian Sovereign Wealth Funds ("SWFs") sparked considerable governmental, intergovernmental and private financial and business sector interest in, and countervailing concerns as to, SWFs. This concern evolved into a growing realization that the cumulative asset size of SWFs was beginning to represent an increasingly significant (though not yet systemically significant) component of the international capital markets. This significance became further magnified when one considered the separate but related proliferation of other state-owned entities operating and investing globally. In addition, in the latter part of 2007, the U.S. and …
The President's Unconstitutional Treatymaking,
2010
BYU Law
The President's Unconstitutional Treatymaking, David H. Moore
Faculty Scholarship
The President of the United States frequently signs international agreements but postpones ratification pending Senate consent. Under international law, a state that signs a treaty subject to later ratification must avoid acts that would defeat the treaty's object and purpose until the nation clearly communicates its intent not to join. As a result, the President in signing assumes interim treaty obligations before the treatymaking process is complete. Despite the pervasiveness of this practice, scholars have neglected the question of its constitutionality. As this Article demonstrates, the practice is unconstitutional. Neither the text, structure, nor history of the Constitution supports the …
