Transnational Law Commons^™

Beyond Privacy Rights: Crossborder Cyber-Espionage And International Law, 31 J. Marshall J. Info. Tech. & Privacy L. 369 (2014), Stefan Kirchner

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Nafta Alternative: Saving Korus Fta Dumping Appeals From The Dumps, Czarina Powell

Canada-United States Law Journal

Antidumping duties are a trade remedy often utilized against producers in the United States' own bilateral trading partners. Because of Chevron deference, foreign companies are at greater risk of being branded "dumpers" simply upon the onset of a petition. On March 15, 2013, the United States celebrated the one-year anniversary of the signing into force of the Korea-US (KORUS) Free Trade Agreement and its promise to eliminate barriers and tariffs.

Where’S The Consultation? The War Powers Resolution And Libya, Eileen Burgin

The University of New Hampshire Law Review

[Excerpt] “President Barack Obama triggered a War Powers Resolution (WPR) controversy with his military response to the anti-government rebellion and civil war in Libya in 2011. Members of Congress seized upon the WPR, questioning whether the Obama administration had complied with the WPR’s requirements when the United States launched the initial Libyan Operation Odyssey Dawn (OOD) and subsequently participated in the North Atlantic Treaty Organization (NATO) Operation Unified Protector (OUP). Many legislators charged that President Obama had violated the WPR. Concerns centered on such issues as presidential reliance on the United Nations (U.N.) Security Council—rather than Congress—for authorization to act, …

Rethinking Resistance: Reflections On The Cultural Lives Of Property, Collective Identity, And Intellectual Property, 47 J. Marshall L. Rev. 1349 (2014), Caroline Joan Picart

UIC Law Review

No abstract provided.

Energy In The Great Lakes Region, Sara L. Seck

Canada-United States Law Journal

This article will reflect upon what it might mean to devise an energy strategy for the Great Lakes region in light of our shared responsibility as stewards of a globally significant fresh water resource at a time of increasing water scarcity associated with climate change. The article argues that we must not let short-term economic fears drive our decision-making or risk adopting policies that will prove detrimental to the long-term futures of our children’s children.

Investment Arbitration Under Nafta Chapter 11: A Threat To Sovereignty Of Member States?, William L. Owen

Canada-United States Law Journal

Critics of NAFTA Chapter 11's investor state dispute settlement mechanism are primarily concerned with its invocation by corporate entities and its potential to effectively overturn or significantly weaken NAFTA states' ability to legislate or regulate in the public interest. This article will address this central concern and demonstrate, by evaluating Chapter 11 arbitration results, that these criticisms have been overstated

Cusli Expert Roundtable Report: Ceta, Tpp, Ttip, And The Canada-U.S. Trade Relationship

Canada-United States Law Journal

An Expert Panel discusses Canada-U.S. trade issues in the context of emerging international trade deals, multilateral trade agreements such as Comprehensive Economic and Trade Agreement (CETA), the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP).

An Evaluation Of The Effects Of The Legalization Of Marijuana In Colorado And Washington From An International Law Perspective, Apama Bushan

Canada-United States Law Journal

The legalization of marijuana in the states of Colorado and Washington has raised issues that the international community has not previously been forced to consider. Through examining relevant state laws, current federal legislation and applicable international agreements, this Note will outline the legal ramifications that the legalization of marijuana in Colorado and Washington could have both nationally and internationally. This Note will further evaluate all reasonable alternatives available to the United States in meeting the requirements mandated of it by the international agreements it is party to.

The Boundary Water Treaty 1909 -- A Peace Treaty?, Gordon Walker Q.C.

Canada-United States Law Journal

A speech that discusses relations between the U.S. and Canada with the Boundary Waters Treaty (BWT) of 1909, peace treaty which resolve the conflict and water rights issues between the U.S. and Canada.

Substituted Compliance And Systemic Risk: How To Make A Global Market In Derivatives Regulation, Sean J. Griffith

Faculty Scholarship

The conventional wisdom is that the global financial crisis of 2007-2008 revealed faults in the ability of international financial regulation to contain the problem of systemic risk. Further conventional wisdom suggests that the failure to regulate comple

Human Rights And The New Reality Of Climate Change: Adaptation's Limitations In Achieving Climate Justice , Zackary L. Stillings

Michigan Journal of International Law

In 2005, the Inuit of Canada and the United States filed a petition with the Inter American Commission on Human Rights, alleging that their respective governments had violated their human rights by failing to mitigate climate change harms. The Inuit alleged violations of several specific human rights, including the right to enjoy their culture; the right to enjoy and use the lands they have traditionally occupied; the right to use and enjoy their personal property; the right to health; the right to life, physical integrity, and security; the right to their own means of subsistence; and the right to residence …

Public And Private In International Investment Law: An Integrated Systems Approach, Julie A. Maupin

Faculty Scholarship

Members of the invisible college of international investment lawyers are engaged in a fierce battle over the conceptual foundations of their common legal enterprise. The debate centers on whether the international legal regime governing foreign direct investment is a de facto transnational public governance system or merely an institutional support structure for the settlement of essentially private investment disputes. These attempts to establish the public versus private nature of the regime are misconceived. International investment law deals with both public and private concerns, impacts upon both public and private actors, and crosses over traditional divides separating public law from private …

No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome

Faculty Scholarly Works

No abstract provided.

The Law Of Native American Hunting, Fishing And Gathering Outside Of Reservation Boundaries In The United States And Canada, Guy Charlton

Canada-United States Law Journal

This article examines and compares the law of Native American/Aboriginal hunting, fishing and gathering rights in those areas which are located outside of reserved land area in Canada and the United States. The article argues that despite the differing statutory and constitutional traditions, both states' law and policy towards the Native American continues to reflect the underlying premises of the colonial project. While indigenous peoples have significant use rights, national, state and provincial power remains the primary locus of regulatory authority.

Canada V. United States Of America, Chios Carmody

Canada-United States Law Journal

The article focuses on the legal issues related to the 2014 Niagara Problem provided to judges in Niagara Moot Court Competition. Topics discussed include right to protect from terrorism by freezing the sale of a yacht where the proceeds were intended to pay a ransom to pirates, obligation exists under international law to recognize same-sex marriage and customary international law.

Remade In China: What Does Recycling Tell Us About The Chinese Patent System?, 82 Umkc L. Rev. 887 (2014), Benjamin Liu

UIC Law Open Access Faculty Scholarship

What can we expect of China's patent law during the tenure of President Xi Jinping? This article proffers a partial answer to this broad question through the close reading of patent allegations against Chinese refurbishers and recyclers. Although the doctrinal issues presented are specific, these disputes occupy a policy space where competing goals of development tear a slit in the glossy exterior of the “Chinese Dream” meme that comes to represent Xi's administration, a slit through which we may gain some insight into the direction of IP development in China.

In the process of domesticating a legal regime originated from …

Complexity And Efficiency At International Criminal Courts, 29 Emory Int'l L. Rev. 1 (2014), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

One of the most persistent criticisms of international criminal tribunals has been that they cost too much and take too long. In response, this Article presents a new approach that utilizes two concepts: complexity and efficiency. The first half of this Article proposes a method for measuring the complexity of criminal trials and then uses that method to measure the complexity of the trials conducted at the International Criminal Tribunal for the former Yugoslavia (ICTY). The results are striking. Even the least complex ICTY trial is more complex than the average criminal trial in the United States, and the most …

Recognition And Enforcement Of Foreign Judgments In U.S. Courts: Problems And Possibilities, S. I. Strong

Faculty Publications

The United States is currently facing a period of intense interest in transnational litigation. Not only has the U.S. Supreme Court become increasingly active in this field, but the American Law Institute (ALI) is also in the process of revising and drafting a number of Restatements concerning international law. The United States also recently signed The Hague Convention on Choice of Court Agreements (COCA), although the instrument has not yet been ratified.

The United States can and should reconsider U.S. law concerning the recognition and enforcement of foreign judgments immediately and unilaterally. Although this may appear to be a daunting …

From Kiobel Back To Structural Reform: The Hidden Legacy Of Holocaust Restitution Litigation, Leora Bilsky, Rodger D. Citron, Natalie R. Davidson

Scholarly Works

This paper offers a new approach to the issue of transnational corporate liability for human rights violations and more generally an inquiry into the place of domestic legal experiences in theorizing about transnational law. Grounded in a study of the Holocaust restitution litigation of the 1990s, we explain corporate liability as a type of bureaucratic liability and explore in depth the relationship between the Holocaust litigation and the theory of structural reform litigation developed in the U.S. to address the bureaucratic structure of rights violations. We read the restitution litigation in light of pluralist reformulations of structural reform, in which …

The Snowden Revelations, The Transatlantic Trade And Investment Partnership And The Divide Between U.S.- Eu In Data Privacy Protection, Ioanna Tourkochoriti

University of Arkansas at Little Rock Law Review

No abstract provided.