Transnational Law Commons^™

Disproportionate Realities: The Climate Justice Implications Of Mitigation Policies Across Scales, Tinuviel Carlson

Undergraduate Honors Theses

Global climate change will have disproportionate effects on low-income and minority communities around the world producing important justice challenges. As national governments increasingly rely on local governments, civil society, and private transnational actors to establish and implement climate actions policies, it is important to assess whether and how these newly emergent actors can address these justice challenges. First this thesis examines concepts of justice in relation to climate change across different scales in order to develop a comprehensive conceptual framework of climate justice. This conceptual framework expands the scale of the international climate justice movement address local concerns. Further, the …

Copla: A Transnational Criminal Court For Latin America & The Caribbean, Robert Currie, Jacob Leon

Articles, Book Chapters, & Popular Press

States in the Latin American and Caribbean regions have long called for the creation of an independent, international court to prosecute members of transnational organized crime gangs. These organizations not only profit from the illicit traffic in drugs, people and cultural property, but are able to corrupt and undermine the domestic legal systems and judiciaries of the affected states. This paper examines the current proposal for the creation of the "Latin American and Caribbean Criminal Court Against Transnational Organized Crime" (COPLA). It reviews the rationale for creating such a court, examines the main pillars of the current proposal, and suggests …

Implementing Shared-Use Of Mining Infrastructure To Achieve The Sustainable Development Goals, Perrine Toledano, Nicolas Maennling

Columbia Center on Sustainable Investment Staff Publications

Many of the Sustainable Development Goals will only be achieved if the population has access to basic services, such as access to water, power, transport, and telecommunications. However, in many developing countries there is a lack of infrastructure to guarantee these services and there are insufficient public funds to finance growing needs. In resource-rich countries, the mining sector can play a key role in increasing access to infrastructure. Mining-related infrastructure is often developed to serve the exclusive need of the investors, but if it is shared and developed to serve the broader needs and uses of the host economy it …

Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. Mcpherson

St. Mary's Law Journal

Abstract forthcoming

Brief Amici Curiae Of Intellectual Property Professors In Support Of Petitioner, No. 18-600, Texas Advanced Optoelectronic Solutions, Inc. V. Renesas Electronics America, Inc., Timothy R. Holbrook, Ann Bartow, Andrew Chin, David C. Hricik, Yvette Joy Liebesman, Lucas Osborn

All Faculty Scholarship

To comply with the obligations of the Uruguay Round Agreements, particularly the Agreement on the Trade Related Aspects of Intellectual Property (TRIPS), Congress amended 35 U.S.C. § 271(a) to make it an act of infringement to “offer to sell” a patented invention within the United States. See Uruguay Round Agreements Act, Pub. L. No. 103-465, §§ 531-533, 108 Stat. 4809 (1994).

The Federal Circuit has interpreted this provision in a manner contrary to the presumption against the extraterritorial reach of United States laws. The Federal Circuit has held that location of the ultimate sale contemplated in the offer controls the …

Loss Of Human Capital: Corporate Transactions And Their Impact On The L-1 Visa For Employees, Constanza Mundt

Touro Law Review

No abstract provided.

Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger

St. Mary's Law Journal

Abstract forthcoming

Procedural Justice In Transnational Contexts, Stephen Cody, Alexa Koenig

Suffolk University Law School Faculty Works

Procedural justice scholarship shows that perceptions of judicial fairness can strongly influence a court participant’s satisfaction with judicial outcomes, as well as the perceived legitimacy of the dispute resolution forum. What is largely unknown, however, is how procedural justice plays out in transnational contexts. Most previous studies focus on adjudication in domestic forums. Here, drawing on 622 semi-structured interviews with victims in cases before the International Criminal Court (ICC), we document how four core procedural justice principles–voice, neutrality, trust and respect–are interpreted differently in transnational rather than in national contexts. We also identify additional factors–including participants’ concerns over physical safety …

The Future Of The Federal Common Law Of Foreign Relations, Ingrid Wuerth

Vanderbilt Law School Faculty Publications

The federal common law of foreign relations has been in decline for decades. The field was built in part on the claim that customary international law is federal common law and in part on the claim that federal judges should displace state law when they conclude that it poses difficulties for U.S. foreign relations. Today, however, customary international law is generally applied based upon the implied intentions of Congress, rather than its free-standing status as federal common law, and judicial evaluation of foreign policy problems has largely been replaced by reliance upon presidential or congressional action, or by standard constitutional …

International Law And Extraterritoriality: Brief Of International And Extraterritorial Law Scholars As Amici Curiae (U.S. V. Microsoft), Anthony J. Colangelo, Austen L. Parrish

Faculty Journal Articles and Book Chapters

Written by international and extraterritorial law scholars, the attached amicus brief was submitted in the U.S. v. Microsoft case. That case involves whether Congress, when it enacted the Stored Communications Act, intended to provide federal and local law enforcement authority to unilaterally seize the private email communications of foreign citizens stored abroad.

The amicus brief explains how the Charming Betsy canon and the law of extraterritoriality are part of a well-defined body of law the U.S. Supreme Court has developed for determining how American law applies abroad. These doctrines exist independently: one aims to avoid unsanctioned violations of international law. …

Amicus Curiae Observations On The “Prosecution’S Request For A Ruling On Jurisdiction Under Article 19(3) Of The Statute”, Fannie Lafontaine, Robert Currie, Amanda Ghahremani

Reports & Public Policy Documents

The Amici Curiae (‘the Amici’) have been granted leave by Pre-Trial Chamber I (‘the Chamber’) to submit observations in the present proceeding, which derives from the Prosecutor’s request under art. 19(3) for a ruling on whether the Court may exercise jurisdiction over the alleged deportation of the Rohingya people from Myanmar to Bangladesh.

The Amici respectfully offer the Chamber observations on the novel legal issues raised by the Prosecutor’s Request: (II) the scope of art. 19(3) and the powers of the Prosecutor to seek a ruling on jurisdiction before a formal situation has been assigned to it; (III) the scope …

Cusli Expert Roundtable Report On "Is There A Path Forward For North American Trade?", Sophie E. Bones, Dena Shayne

Canada-United States Law Journal

The following is a report of the Canada-United States Law Institute's November 2017 Experts Meeting held at the offices of Steptoe & Johnson LLP in Washington, D.C. The Meeting focused on the current state and future of the North American Free Trade Agreement.

Joint Law-Business Case Study Competition Program, Canada-United States Law Institute

Canada-United States Law Journal

The article offers information on Joint Law-Business Case Study Competition project. It mentions about competition will provide law students growth of interdisciplinary learning; and will provide Canada-United States Law Institute and its supporting institutions with a unique student competition experience of Moot Court model. It also mentions about use of negotiation agreements in commercial law.

Targeting Of Persons: The Contemporary Challenges, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Reconciling Transnational Jurisdiction: A Comparative Approach To Personal Jurisdiction Over Foreign Corporate Defendants In Us Courts, Gerlinde Berger-Walliser

Vanderbilt Journal of Transnational Law

The U.S. Supreme Court, in a series of recent cases, has restricted personal jurisdiction over corporate defendants-and foreign corporations in particular. The Court's restrictions are--although a peripheral concern--motivated by an interest for international comity and an effort to bring US jurisdiction rules more in line with other nations' laws. However, an in-depth comparative analysis between the EU Brussels Regulation and U.S. Supreme Court opinions reveals that the Supreme Court's decisions remain deeply grounded in the traditional US paradigm of personal jurisdiction. Predictability appears to have different meanings to the EU legislator and the U.S. Supreme Court. For the Supreme Court, …

Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil

Scholarly Works

Climate change represents a global commons problem, where individuals, businesses, and nation-states all lack sufficient incentives to reduce their greenhouse gas emissions to levels consistent with meeting their collectively agreed upon mitigation goals. The current "pledge and review" paradigm for global climate change mitigation, which many see as a major breakthrough, relies primarily on moral pressure, reputational incentives, and global public opinion to foster cooperation on mitigation efforts over and above those driven by maximization of narrow conceptions of national interests. Given the scale of the emissions reductions required to meet stated mitigation goals, the substantial economic costs of deep …

Memorial Essay In Honor Of Professor Emeritus Joseph Webb Mcknight: Yet Another Historical Joinder Between Texas And Mexico: The Ongoing Nafta Saga, Joseph J. Norton

SMU Law Review

No abstract provided.

The Human Costs Of Exiting And Revising Trade And Investment Agreements: Local Community Interests, Human Rights, And Global Politics, Diane Desierto

Journal Articles

International law is both a process of assertion and reliance and a system of principles and rules: together they constitute the course of international law, confounding those critics who simplemindedly assert that it can be one (process) or the other (system) but not both. . . . we treat the international legal system as an axiom—a social fact. We differ on many other ideas: new subjects, the limits of multilateralism, fragmentation, pluralism and universality, as a result of which we continue to debate the true characteristics of the international system. States intent upon effecting changes in the law will naturally …

Indonesia And Asean Plus Three Financial Cooperation, Ariswan Gunadi

Indonesia Law Review

Indonesia and ASEAN Plus Three Financial Cooperation is a very well-written book by Eko Saputro. The ASEAN Plus Three Financial Cooperation was established to maintain and strengthen the common objective of its member, particularly in the economic area.1 This book analyzes Indonesia’s current position in East Asia, in the connection with the ASEAN Plus Three Financial Cooperation. Divided into 7 chapters, the book provides an analysis of Indonesia’s role APT financial regionalism with more emphasize on the financial sector instead of education.

Exploiting Latin American Microfinance Deregulation: One Borrower At A Time, Karlamaria Cabral

Brooklyn Journal of Corporate, Financial & Commercial Law

Microfinance seeks to eradicate poverty through the economic growth and development that results when seed capital is given to microenterprises. In 2015, Latin America’s microfinance loan portfolio totaled $40 billion USD and included more than twenty-two million borrowers. Due to the current state of microfinance in the region—abusive lending practices and betraying the original goal and purpose of eradicating poverty—this Note advocates for a regional regulatory body, such as the Latin American Microfinance Association, that would develop and assist Latin American countries to implement model legal frameworks that increase client protection, create licensing requirements, establish interest rate caps, and recognize …