Teaching International Law: Lessons From Clinical Education: Introductory Remarks,
2010
American University Washington College of Law
Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Empirical Modalities: Lessons For The Future Of International Investment,
2010
American University Washington College of Law
Empirical Modalities: Lessons For The Future Of International Investment, Susan Franck
Scholarly Articles in Law Reviews & Journals
Empirical approaches add value to international investment law and aid in its evolution. Nevertheless, we must "fit the forum to the fuss." When transforming international law, we select proper methodologies for specific research questions and make international law empiricism part of a larger post-structuralist, pluralist legal dialogue. In connection with that, my remarks first place empirical research on international investment in a historical context. I then discuss where the research is today and offer an example of how empirical methods can be used to understand, reassess, and possibly transform international investment law and related institutions. Finally, I consider the future …
Implications Of The Copenhagen Accord For Global Climate Change,
2010
American University Washington College of Law
Implications Of The Copenhagen Accord For Global Climate Change, David Hunter
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Katanga Complementarity Decisions,
2010
American University Washington College of Law
The Katanga Complementarity Decisions, Susana Sacouto
Scholarly Articles in Law Reviews & Journals
On 25 September 2009, the Appeals Chamber of the International Criminal Court (ICC) issued a seminal decision on the subject of complementarity in the case Prosecutor v. Germain Katanga. The outcome of the Chamber's decision is that, even if a state has initiated an investigation or prosecution against an individual, the ICC may prosecute that individual for the same crimes or even a more selective range of crimes, so long as the state is willing to close the ongoing investigation or prosecution at the request of the ICC Prosecutor. While this decision is defensible under the language of the Rome …
Significance Of The Fujimori Trial,
2010
American University Washington College of Law
Significance Of The Fujimori Trial, Juan E. Mendez
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Introduction To Panel On Gender Crimes At The International Level Proceedings Of The Third International Humanitarian Law Dialogs,
2010
American University Washington College of Law
Introduction To Panel On Gender Crimes At The International Level Proceedings Of The Third International Humanitarian Law Dialogs, Susana Sacouto
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: On February 3, 2010, the Appeals Chamber of the International Criminal Court (ICC) issued its judgment on the appeal of the Prosecutor against the decision of the Pre-Trial Chamber (PTC) denying his application for an arrest warrant against President of Sudan, Omar Hassan Ahmad Al Bashir in relation to the crime of genocide. Holding that the PTC had applied an erroneous standard of proof, the Appeals Chamber reversed the PTC's decision and directed it to reconsider whether the warrant should be issued in light of the Appeals Chamber's discussion of the appropriate standard of proof.
Introductory Note For The International Criminal Court,
2010
American University Washington College of Law
Introductory Note For The International Criminal Court, Susana Sacouto
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: On February 3, 2010, the Appeals Chamber of the International Criminal Court (ICC) issued its judgment on the appeal of the Prosecutor against the decision of the Pre-Trial Chamber (PTC) denying his application for an arrest warrant against President of Sudan, Omar Hassan Ahmad Al Bashir in relation to the crime of genocide. Holding that the PTC had applied an erroneous standard of proof, the Appeals Chamber reversed the PTC's decision and directed it to reconsider whether the warrant should be issued in light of the Appeals Chamber's discussion of the appropriate standard of proof.
Of Lawyers, Leaders, And Returning Riddles In Sovereign Debt: An Introduction,
2010
American University Washington College of Law
Of Lawyers, Leaders, And Returning Riddles In Sovereign Debt: An Introduction, Anna Gelpern
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Inter-American System,
2010
American University Washington College of Law
Inter-American System, Claudia Martin
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Beyond Compliance: Rethinking Why International Law Really Matters,
2010
New York Law School
Beyond Compliance: Rethinking Why International Law Really Matters, Robert Howse, Ruti G. Teitel
Articles & Chapters
The conceptual, and more recently empirical, study of compliance has become a central preoccupation, and perhaps the fastest growing sub-field, in international legal scholarship. The authors seek to put in question this trend. They argue that looking at the aspirations of international law through the lens of rule-compliance leads to inadequate scrutiny and understanding of the diverse complex purposes and projects that multiple actors impose and transpose on international legality, and especially a tendency to oversimplify if not distort the relation of international law to politics. Citing a range of examples from different areas of internationallaw-ranging widely from international trade …
Asia's Participation In Global Health Diplomacy And Global Health Governance,
2010
Indiana University Maurer School of Law
Asia's Participation In Global Health Diplomacy And Global Health Governance, David P. Fidler
Articles by Maurer Faculty
This article provides a framework for thinking about Asian approaches to and impact on global health diplomacy and governance that might contribute to more sophisticated analyses on Asia in global health politics, diplomacy, and governance. First, the article examines the "rise of Asia" and "rise of health" as overlapping but unconnected developments in international relations. Second, it analyzes how the shift of power and influence towards Asia, largely caused by China's and India's emergence as great powers; affects global health politics and potential Asian contributions to global health diplomacy and governance in the future. Third, the article looks at normative …
The Ifc's New Africa, Latin America, And Caribbean Fund: Its Worrisome Start, And How To Fix It,
2010
Indiana University Maurer School of Law
The Ifc's New Africa, Latin America, And Caribbean Fund: Its Worrisome Start, And How To Fix It, Christiana Ochoa, Patrick J. Keenan
Articles by Maurer Faculty
In April 2010 the International Finance Corporation announced the creation of the African, Latin American, and Caribbean fund, a new co-investment vehicle funded largely with commitments from sovereign wealth and pension funds. The fund's objective was to draw on the IFC and the World Bank's strengths in emerging markets to identify and support enterprises that might not otherwise have come to the attention of large investors and thereby help strengthen the private sector and alleviate poverty in some of the world's poorest countries. Unfortunately the fund has, so far, proven a disappointment. It has invested only in large corporations that …
Disintegrating Customary International Law: Reactions To Withdrawing From International Custom,
2010
Indiana University Maurer School of Law
Disintegrating Customary International Law: Reactions To Withdrawing From International Custom, Christiana Ochoa
Articles by Maurer Faculty
Withdrawing from International Custom, a recent article by Curtis Bradley and Mitu Gulati, has sparked interest and debate. Bradley and Gulati’s article, develops with significant nuance and detail that, naturally, can be best understood by a careful reading of their work. In essence, it proposes a modification in customary international law (CIL) doctrine – a change that would permit states to unilaterally exit from existing customary international law. This Essay will act as a brief reflection on that article. In Part I, it will explore the analogies Withdrawing makes between CIL and contract and will argue, first that CIL and …
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 …
Human Rights For Hedgehogs?: Global Value Pluralism, International Law, And Some Reservations Of The Fox,
2010
Boston University School of Law
Human Rights For Hedgehogs?: Global Value Pluralism, International Law, And Some Reservations Of The Fox, Robert D. Sloane
Faculty Scholarship
This essay, a contribution to the Boston University Law Review’s symposium on Ronald Dworkin’s forthcoming book, Justice for Hedgehogs, critiques the manuscript’s account of international human rights on five grounds. First, it is vague: it fails to offer much if any guidance relative to many of the most difficult concrete issues that arise in the field of international human rights law and policy - precisely the circumstances in which international lawyers might benefit from the guidance that moral foundations supposedly promise. It is also troubling, and puzzling given Dworkin’s well-known commitment to the right-answer thesis, that his account of human …
The Law And Policy Implications Of 'Baited Ambushes' Utilizing Enemy Dead And Wounded,
2010
Southern Methodist University, Dedman School of Law
The Law And Policy Implications Of 'Baited Ambushes' Utilizing Enemy Dead And Wounded, Chris Jenks
Faculty Journal Articles and Book Chapters
When a state's armed forces is engaged in hostilities, how long after an engagement or firefight before the international humanitarian law requirement to search for and care for the wounded and find and bury the dead is triggered? This military practitioner's note discusses the legal and policy implications of 'baited ambushes,' the practice of utilizing wounded and dead enemies as the bait for follow on forces, which are then engaged.
A Look At The Compulsory License In Investment Arbitration: The Case Of Indirect Expropriation,
2010
American University Washington College of Law
A Look At The Compulsory License In Investment Arbitration: The Case Of Indirect Expropriation, Christopher Gibson
American University International Law Review
This article covers a timely set of issues concerning the relationship between intellectual property rights (“IPRs”) associated with foreign investments, state-authorized compulsory licenses, trade law (in particular, the TRIPS Agreement), and claims for indirect expropriation that might be brought in investment arbitration. I focus, as a case study, on compulsory licenses and claims of indirect expropriation. Compulsory licenses bear an inherently contentious character. This government authorized license often presents a clash between significant opposing interests – on one side, the legitimate expectations of patent based foreign investors founded on the international investment agreement (“IIA”) and a patent regime that, for …
Panama And The Specter Of Climate Change,
2010
University of Miami Law School
Panama And The Specter Of Climate Change, Ruth Gordon
University of Miami Inter-American Law Review
No abstract provided.
Introduction Symposium: Russia And The Rule Of Law: New Opportunities In Domestic And International Affairs ,
2010
American University Washington College of Law
Introduction Symposium: Russia And The Rule Of Law: New Opportunities In Domestic And International Affairs , Michael Scheimer
American University International Law Review
No abstract provided.
Political Genocide In Latin America: The Need For Reconsidering The Current Internationally Accepted Definition Of Genocide In Light Of Spanish And Latin American Jurisprudence ,
2010
American University Washington College of Law
Political Genocide In Latin America: The Need For Reconsidering The Current Internationally Accepted Definition Of Genocide In Light Of Spanish And Latin American Jurisprudence , Howard Shneider
American University International Law Review
No abstract provided.
