AuthorTitleCitationSummaryYearKey Terms
Ricardo Ampudia Investment-treaty Protection of Commercial Arbitration Awards: Lessons from the Jurisprudence 26 American Review of International Arbitration 553 (2015) Several recent decisions by investment arbitration tribunals show that parties who are unable to obtain enforcement of a commercial arbitration award in local courts may still obtain compensation via investment treaties. Such compensation can consist of the full value of the original award plus interest and costs of the arbitration. In these cases,... 2015  
Rita Lenane It Doesn't Seem Very Fair, Because We Were Here First: Resolving the Sioux Nation Black Hills Land Dispute and the Potential for Restorative Justice to Facilitate Government-to-government Negotiations 16 Cardozo Journal of Conflict Resolution 651 (Winter, 2015) As we work together to forge a brighter future for all Americans, we cannot ignore a history of mistreatment and destructive policies that have hurt tribal communities. The United States seeks to continue restoring and healing relations with Native Americans and . . . [w]e further recognize that restoring tribal lands through appropriate means... 2015  
Steven Foster Judicial Abrogation: Montana and its Progeny's Effect on Freedmen's Treaty Rights 16 Florida Coastal Law Review 345 (Spring 2015) Bullets whizzing by in the background, federal agents giving chase, and the classic Will Smith slow motion running scene. He dodges danger and runs through congested street corners. He meets an imposter on his tribulation. His character nearly dies. To top it off, the federal agents kill a former girlfriend and frame him for the murder. The real... 2015  
Thomas Weatherall Jus Cogens and Sovereign Immunity: Reconciling Divergence in Contemporary Jurisprudence 46 Georgetown Journal of International Law 1151 (Summer, 2015) The International Court of Justice considered sovereign immunity and jus cogens to be distinctly procedural and substantive rules: ships passing in the night. In practice, this dichotomy is not so clear: one distinctly procedural aspect of jus cogens is its relationship to universal jurisdiction, while a court's subject-matter jurisdiction cannot... 2015  
Nora Lafi, Zentrum Moderner Orient Mary Dewhurst Lewis, Divided Rule: Sovereignty and Empire in French Tunisia, 1881-1938, Berkeley: University of California Press, 2014. Pp. Xiv + 302. $49.95 Cloth (Isbn: 978-0-520-27915-5) Doi:10.1017/s0738248015000541 33 Law and History Review 1013 (November, 2015) The object of this book, as the author states in her preface, is to analyze the transformation of what was supposed to be an indirect form of colonial rule, whereby France would rule through the local sovereign and his institutions, into a much more invasive form of colonial governance (ix). The narration begins with the signing of the Bardo... 2015  
Peter Erlinder Minnesota v. Mille Lacs Band of Chippewa: 19 Century U.s. Treaty-guaranteed Usufructuary Property Rights, the Foundation for 21 Century Indigenous Sovereignty 33 Law & Inequality: A Journal of Theory and Practice 143 (Winter, 2015) C1-2Table of Contents Introduction. 145 I. Background to the Restoration of Chippewa Treaty-Guaranteed Usufructuary Property Rights in Northern Minnesota. 151 A. The Late 20 Century Grassroots Activism: The Rule of Law Returns After 160 Years of Systemic Usufructuary Property Theft. 153 B. Usufructuary Property in Sovereign Objibwe Territory: The... 2015  
Peter Erlinder Minnesota v. Mille Lacs Band of Chippewa: 19 Century U.s. Treaty-guaranteed Usufructuary Property Rights, the Foundation for 21 Century Indigenous Sovereignty 33 Law & Inequality: A Journal of Theory and Practice 143 (Winter, 2015) C1-2Table of Contents Introduction. 145 I. Background to the Restoration of Chippewa Treaty-Guaranteed Usufructuary Property Rights in Northern Minnesota. 151 A. The Late 20 Century Grassroots Activism: The Rule of Law Returns After 160 Years of Systemic Usufructuary Property Theft. 153 B. Usufructuary Property in Sovereign Objibwe Territory: The... 2015  
Larry Catá Backer Moving Forward the Un Guiding Principles for Business and Human Rights: Between Enterprise Social Norm, State Domestic Legal Orders, and the Treaty Law That Might Bind Them All 38 Fordham International Law Journal 457 (February, 2015) INTRODUCTION. 458 A. Summary Overview. 458 B. Context and Roadmap. 460 I. ON THE PROBLEM OF THE STATE AND THE STATE DUTY TO PROTECT HUMAN RIGHTS: THE WORKING GROUP AND NATIONAL ACTION PLANS. 468 A. Defining the Principal Focus of the State Duty under the GPs (Gaps, Risks, Regional Considerations). 472 B. Trade and Investment Agreements and... 2015  
A. Lee Valentine II My Ears Hear More than English: Granting Multilingual Jurors Accommodations and Treating Multilingualism as a Common Type of Juror Expertise 56 Boston College Law Review 1249 (May, 2015) Abstract: To find an example of court-sanctioned discrimination against Spanish-speaking prospective jurors, one need not look further than the 2011 U.S. Court of Appeals for the Fourth Circuit decision in United States v. Cabrera-Beltran. Three multilingual jurors were struck for cause during voir dire for not agreeing to ignore all... 2015  
  New China-france Tax Treaty and Protocol Enter into Force 26 Journal of International Taxation 07 (June, 2015) On December 28, 2014, the new China-France income tax treaty (New Treaty) and Protocol entered into force, replacing the 1984 treaty (Old Treaty). The New Treaty and Protocol apply to income and capital gains derived on or after January 1, 2015, in China.The following summarizes the key changes in the New Treaty and Protocol. The New Treaty... 2015  
David A. Koplow Nuclear Arms Control by a Pen and a Phone: Effectuating the Comprehensive Test Ban Treaty Without Ratification 46 Georgetown Journal of International Law 475 (Winter, 2015) This Article examines three crucial national security problems concerning the testing and proliferation of nuclear weapons, and offers three novel solutions. The three urgent problems are: (1) the fact that the Comprehensive Nuclear Test Ban Treaty (CTBT), the most important multilateral nuclear arms control agreement of the past forty years, may... 2015  
Andrew Erueti Observations Relating to the U.n. Special Rapporteur's Report on Mori People in New Zealand - 2011: Introduction a Human Rights Discourse to Treaty Jurisprudence 32 Arizona Journal of International and Comparative Law 195 (Symposium, 2015) I. Introduction. 195 II. Indigenous Rights in New Zealand. 196 III. Conclusion. 206 2015  
Justin Willis McKithen Playing Favorites: Congress's Denial of Equal Sovereignty to the States in the Professional and Amateur Sports Protection Act 49 Georgia Law Review 539 (Winter, 2015) I. Introduction. 540 II. Background. 546 a. the enactment of paspa. 546 b. the mounting dissatisfaction with paspa. 548 c. the manifestation of new jersey's discontent. 549 d. the shelby county decision and its impact on ncaa v. christie. 553 e. opponents of the equal sovereignty principle. 556 III. Analysis. 558 a. why shelby county and equal... 2015  
Susan D. Franck, Lindsey E. Wylie Predicting Outcomes in Investment Treaty Arbitration 65 Duke Law Journal 459 (December, 2015) Crafting appropriate dispute settlement processes is challenging for any conflict-management system, particularly for politically sensitive international economic law disputes. As the United States negotiates investment treaties with Asian and European countries, the terms of dispute settlement have become contentious. There is a vigorous debate... 2015  
Alan S. Lederman Procurement Tax Prop. Regs. Streamline Compliance-but Will Bric Vendors Treaty Shop? 123 Journal of Taxation 66 (August, 2015) The proposed regulations exempt from tax and withholding smaller and emergency contracts. For larger, non-emergency contracts, foreign vendors entitled to treaty protection under Notice 2015-35,and foreign vendors selling goods and services originating in countries which are parties to an international procurement agreement with the United States,... 2015  
Victor Williams Raze the Debt Ceiling: a Test Case for State-sovereign and Institutional Bondholder Litigation to Void the Debt Limit Statute 72 Washington and Lee Law Review Online 96 (8/11/2015) This Essay argues that nationwide bondholder litigation can void the unconstitutional debt ceiling, and it presents the first litigation in that effort. (Williams v. Lew, No. 15-1565, U.S. Court of Appeals - D.C. Circuit). The Constitution guarantees not only that public debt will remain valid, but also that the integrity of those obligations will... 2015  
Lorelei Laird Reclaiming Sovereignty 101-APR ABA Journal 46 (April, 2015) Diane Millich was only days into her marriage when her husband first hit her. So began her year or horrifie terror. Millich. a member of the Southern Ute tribe of southwestern Colorado, called tribal police many times from her home on the reservation. But because her husband was not an American Indian, tribal police had no authority over him.... 2015  
Lillian V. Smith Recreating the "Ritual Carving" : Why Congress Should Fund Independent Redistricting Commissions and End Partisan Gerrymandering 80 Brooklyn Law Review 1641 (Summer, 2015) Drawing election district lines to benefit incumbents and entrench partisan interests is an American political tradition as old as the nation itself. The ritual carving and paring of the United States into its 435 congressional districts, once imagined by the Founders as a way to equalize electoral influence, has evolved into a mechanism for... 2015  
Marc L. Roark , Savannah Law School Retelling English Sovereignty 4 British Journal of American Legal Studies 81 (Spring, 2015) Sovereign immunity is a legal fiction that forecloses the possibility of the government being hailed into court, except by its own permission. The fiction draws on narratives about kingship and realm, state and church, and property and owner that help shield the sovereign from challenges to its authority. This Article argues that sovereign... 2015  
Chip Pitts , Anastasia Ovsyannikova Russia's New Treason Statute, Anti-ngo and Other Repressive Laws: "Sovereign Democracy" or Renewed Autocracy? 37 Houston Journal of International Law 83 (Winter, 2015) I. Introduction and Overview. 84 A. International Factors. 86 B. Domestic Factors. 93 II. Development of Russian Treason Law. 97 A. Treason Laws in the Russian Empire. 98 B. Treason Laws in the USSR. 100 C. Treason Laws in Post-Soviet Russia. 105 D. New Version of the Treason Statute. 114 III. Other Laws against Civil Society and Freedoms. 119 A.... 2015  
Michael C. Blumm , Andrea Lang Shared Sovereignty: the Role of Expert Agencies in Environmental Law 42 Ecology Law Quarterly 609 (2015) Environmental law usually features statutory or administrative interpretation by a single agency. Less frequent is a close look at the mechanics of implementing environmental policy across agency lines. In this Article, we offer a comparative analysis of five statutes and their approaches to sharing decision-making authority among more than one... 2015  
Jennifer Lichtman She's Got a Ticket to Ride: the Ninth Circuit's Determination in Sachs v. Republic of Austria That a Ticket Sale by a Common Law Agent Abrogates a Foreign State-owned Common Carrier's Sovereign Immunity 56 Boston College Law Review E-Supplement 92 (2015) Abstract: On December 6, 2013, in Sachs v. Republic of Austria, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that a foreign state-owned common carrier carries on commercial activity in the United States when it sells rail passes through a United States ticket agent. In so holding, the court expanded the scope of... 2015  
Corey Brettschneider , David McNamee Sovereign and State: a Democratic Theory of Sovereign Immunity 93 Texas Law Review 1229 (May, 2015) Sovereign immunity is an old idea, rooted in monarchy: the king cannot be sued without consent in his own courts. The American Constitution, by contrast, is committed to popular sovereignty and democratic self-rule. It is hardly surprising, then, that sovereign immunity doctrine comes riddled with confusion when awkwardly transplanted to a... 2015  
Joshua P. Weir Sovereign Citizens: a Reasoned Response to the Madness 19 Lewis & Clark Law Review 829 (2015) This Comment explores the intricacies of the sovereign citizen movement, often through the lens of the recent Oregon case, United States v. Julison . The Comment begins by explaining the background and history of the movement, starting with its inception in the 1970s. The modern sovereign movement is known for its strange beliefs regarding the... 2015  
Sofie G. Syed Sovereign Immunity and Jus Cogens: Is There a Terrorism Exception for Conduct-based Immunity? 49 Columbia Journal of Law and Social Problems 251 (Winter 2015) This Note addresses the implications of jus cogens for sovereign immunity, in particular regarding the act of supporting terrorism. Jus cogens norms are peremptory norms of international law--fundamental principles which cannot be abrogated by international agreement, judicial opinion or custom. Terrorism might be considered the type of violation... 2015  
Cynthia M. Ho Sovereignty under Siege: Corporate Challenges to Domestic Intellectual Property Decisions 30 Berkeley Technology Law Journal 213 (Spring 2015) Countries face a new threat that strikes at their ability to balance protection of intellectual property rights against other priorities, such as public health. They may have to pay substantial compensation to companies that dislike domestic intellectual property laws. This threat is much more significant than the Agreement on Trade-Related Aspects... 2015  
Laura Booth Spirits up for Sale: Advocating for the Adoption of Ethical Guidelines to Govern the Treatment of Sacred Objects by Auction Houses 28 Georgetown Journal of Legal Ethics 393 (Summer, 2015) On June 27, 2014 the Paris Auction House, EVE, gaveled away several Hopi headdresses and masks known as Katsinam. The Hopi believe the Katsinam are sacred and regard them as living entities with divine spirits. The sale was allowed to occur by the disposition of the Board of Sales (Board), the French administrative agency that regulates auctions... 2015  
Rana Balesh Submerging Islands: Tuvalu and Kiribati as Case Studies Illustrating the Need for a Climate Refugee Treaty 5 Barry University Environmental and Earth Law Journal 78 (2015) The effects of global climate change are being felt around the world. The U.N. Human Rights Council has recognized that climate change will significantly impact vulnerable populations. The Intergovernmental Panel on Climate Change (IPCC) has confirmed that anthropogenic sources affect climate change. Research has shown that climate change is caused... 2015  
Scott A. Gilmore Suing the Surveillance States: the (Cyber) Tort Exception to the Foreign Sovereign Immunities Act 46 Columbia Human Rights Law Review 227 (Spring, 2015) From the hacking of newsrooms to the wiretapping of dissidents, foreign states are infiltrating American computers and intercepting communications--in stark violation of federal law and international norms. So far, the policy debate on cybersecurity has taken it for granted that foreign states enjoy immunity for cyber attacks on U.S. targets. This... 2015  
Hurst Hannum, Fletcher School of Law and Diplomacy, Tufts University Surpassing the Sovereign State: the Wealth, Self-rule, and Security Advantages of Partially Independent Territories. By David A. Rezvani. Oxford, New York: Oxford University Press, 2014. Pp. Ix, 387. Index. $99, £60 109 American Journal of International Law 452 (April, 2015) Many nations, regions, peoples, ethnic groups, and minorities around the world continue to seek the holy grail of self-determination, which usually means independence. This goal is consistent with the decolonization-era definition of self-determination, pursuant to which former colonies always had the option of obtaining independence (although... 2015  
Katie Bass The Battle over Plant Genetic Resources: Interpreting the International Treaty for Plant Genetic Resources 16 Chicago Journal of International Law 151 (Summer, 2015) International law is full of holes, inconsistencies, and ambiguities because of the number of overlapping treaties, agreements, and actors at play. One such ambiguity can be found in the overlapping system of treaties that govern plant genetic resources. Specifically, the International Treaty for Plant Genetic Resources (ITPGR) provides for... 2015  
Commissioner Gordon Walker, Q.C. The Boundary Waters Treaty 1909--a Peace Treaty? 39 Canada-United States Law Journal 170 (2015) The following is the text of the 7 Annual Canada-United States Law Institute Distinguished Lecture given at Western University Faculty of Law by Commissioner Gordon Walker, Q.C., on Oct. 29, 2013. A native of St. Thomas, Ontario, and a graduate of Western University, from which he received a B.A. and LL.B., Mr. Walker served as Member of Provincial... 2015  
Saikrishna Bangalore Prakash The Boundless Treaty Power Within a Bounded Constitution 90 Notre Dame Law Review 1499 (March, 2015) The Constitution grants the President the power to make treaties by and with the advice and consent of the Senate. One persistent matter of debate is whether there are subject matter limits to the President's power to make treaties. In particular, in making an international agreement with a foreign nation, are there certain topics that are off... 2015  
Albert M. Rosenblatt, Julia C. Rosenblatt, Eds. The Dutch, Munsees, and the Purchase of Manhattan Island by Paul Otto from Opening Statements - Law, Jurisprudence, and the History of Dutch New York 87-JAN New York State Bar Journal 10 (January, 2015) We may call England our mother country, but our culture, political system, and jurisprudence have a more varied heritage. Each state with its own settlement history has a unique flavor. Our nation's lineage, and New York's in particular, has an often-overlooked Dutch component. Scholars differ as to how much of New Netherland, or Dutch New York,... 2015  
Humberto Cantú-Rivera The Expansion of International Law Beyond Treaties 108 AJIL Unbound 70 (March, 2014-July, 2015) International law is going through a period of change and, potentially, expansion. At a point in history during the past millennium, the main sources of inter-State law were custom and general principles of law recognized by civilized nations. This came to an end with the Westphalian era when an international order slowly began to establish and a... 2015  
Tanisha M. Fazal The Fall and Rise of Peace Treaties 108 AJIL Unbound 46 (March, 2014-July, 2015) When the United States terminated its seven-year occupation of Japan in 1954, it did so having signed a peace treaty. By contrast, the United States tried, unsuccessfully, to persuade Hamid Karzai to sign a Bilateral Security Agreement to accompany the drawdown of U.S. forces in Afghanistan. Even if Karzai had agreed to sign, the draft agreement... 2015  
Jordan Hollander The House Always Wins: the World Trade Organization, Online Gambling, and State Sovereignty 12 Rutgers Journal of Law & Public Policy 179 (Spring, 2015) Gambling law and policy in the United States are at a tipping point. Gambling regulation has traditionally been a power reserved to the states. States are free to have casinos (except for Indian Casinos, which are governed under federal law), pari-mutuel wagering on horses, greyhounds, or jai alai, or have state lotteries. The Federal Interstate... 2015  
Madison Condon The Integration of Environmental Law into International Investment Treaties and Trade Agreements: Negotiation Process and the Legalization of Commitments 33 Virginia Environmental Law Journal 102 (2015) I. Introduction. 103 A. Legalization. 104 B. Negotiation and process. 105 II. Environmental Law in U.S. Trade Agreements. 106 A. Theory Behind Trade and Environment Linkages. 106 B. Development of Environmental Provisions in Free Trade Agreements. 107 1. Early U.S. Practice. 107 2. Second Phase of U.S. FTAs. 109 3. Recent U.S. Free Trade... 2015  
Govind Persad The Medical Cost Pandemic: Why Limiting Access to Cost-effective Treatments Hurts the Global Poor 15 Chicago Journal of International Law 559 (Winter 2015) Medical innovation in developed countries like the U.S. leads to an ever-changing medical standard of care. This innovation frequently also brings rising costs. While these costs strain even the sizeable health care budgets of developed countries, imposing them on developing countries would be much more burdensome. Yet a variety of commentators and... 2015  
Andrew I. Schoenholtz The New Refugees and the Old Treaty: Persecutors and Persecuted in the Twenty-first Century 16 Chicago Journal of International Law 81 (Summer, 2015) When the fledgling U.N. negotiated a treaty to protect refugees after the Second World War, member states focused on Europe as well as on events causing forced migration that occurred prior to 1951. No one imagined that cross-border escape from persecution would become a global phenomenon and remain one more than sixty years later, or that this... 2015  
Andrew H. E. Lyon The Principality of Sealand, and its Case for Sovereign Recognition 29 Emory International Law Review 637 (2015) The Principality of Sealand is a small platform, a remnant of World War II British defenses, occupied by a billionaire visionary whose attempts at self-determination have been hindered around every corner. The argument for Sealand's sovereignty is about more than the future of the platform-nation. It is about the international legal community's... 2015  
Connie De La Vega, Kokeb Zeleke, Esther Wilch The Promotion of Economic, Social, and Cultural Rights of Vulnerable Groups in Africa Pursuant to Treaty Obligations: Crc, Cedaw, Cerd, & Crpd 14 Washington University Global Studies Law Review 213 (2015) This Article will examine the promotion of the economic, social, and cultural rights of vulnerable groups, such as women, children, persons with disabilities, and racial minorities through the human rights treaty body review process. It will highlight the range of mechanisms at the international level that can be used to enforce the rights of... 2015  
Leila Nadya Sadat The Proposed Restatement (Fourth) of the Foreign Relations Law of the United States: Treaties--some Serious Procedural and Substantive Concerns 2015 Brigham Young University Law Review 1673 (2015) The drafting of a new Restatement (Fourth) of the Foreign Relations Law was proposed to the American Law Institute (ALI) in 2012, and the project is now well under way. Multiple preliminary drafts have been circulated on the topics of Jurisdiction, Sovereign Immunity, and Treaties, and discussion has begun amongst ALI Members about the black letter... 2015  
Gregory J. Roden The Sovereign's Posterity 43 Capital University Law Review 585 (Summer, 2015) What I bear, and clearly perceive to be animated, is innocent of the faults of her who bears it, and has, I beg leave to say, a right to the existence which God has begun to give it. - Bathsheba Spooner [T]he people are the sovereign of this country. And, although the people delegated many powers to the federal government in the United States... 2015  
Julien Chaisse The Treaty Shopping Practice: Corporate Structuring and Restructuring to Gain Access to Investment Treaties and Arbitration 11 Hastings Business Law Journal 225 (Summer 2015) Foreign investment has become increasingly important in shaping the international economic landscape, and this explains the growing significance of the international law and policy of foreign investment in the world. There is a huge number of investment agreements, including both (bilateral) investment treaties (BITs) and free trade agreements... 2015  
Doug Cassel The United States and Human Rights Treaties: Can We Meet Our Commitments? 41-DEC Human Rights Rts. 5 (December, 2015) The United States has a strong human rights record in many respects. Compared to other countries, we do relatively well in protecting freedoms of expression, assembly, religion, and many forms of association. We maintain generally independent and honest courts with relatively fair procedures and an active bar. Human rights defenders are rarely in... 2015  
Imelda Carranza Ureño The Waiver of National Sovereignty: the Economic and Environmental Implications of the Transoceanic Canal of Nicaragua 25 Transnational Law & Contemporary Problems 205 (Winter 2015) In 2012 and 2013, Nicaragua passed two laws that granted the Hong Kong Nicaragua Canal Development Investment Company a fifty-year concession to construct a transoceanic canal across Nicaragua. The concession agreement strips the Nicaraguan government of its sovereign immunity, deprives locals of private property without just compensation, and... 2015  
Michael Fakhri The Wto, Self-determination, and Multi-jurisdictional Sovereignty 108 AJIL Unbound 287 (March, 2014-July, 2015) In EC--Seal Products, the World Trade Organization (WTO) Appellate Body (AB) held that the European Union (EU) Seal Regime banning the importation of seal products could be justified under General Agreement on Tariffs and Trade (GATT) Article XX(a) as a measure necessary to protect public morals. It also held that the indigenous communities (IC)... 2015  
Richard Dawson Transcendental Sense and a Playful Approach: the Treaty of Waitangi 66 Mercer Law Review 395 (Winter 2015) There is a rite of passage in New Zealand that is called OE, an acronym for overseas experience, commonly undertaken by people aged in their twenties. Many people speak of OE as a potentially valuable education. These remarks by Claudia Bell are indicative: Once away, the young New Zealander stops being an insider in a taken-for-granted... 2015  
Smith Monson Treating the Blue Rash: Win-win Solutions and Improving the Land Exchange Process 2015 Utah Law Review 241 (2015) The distribution of federal, state, and private land throughout the West has resulted in a fragmented ownership pattern where no single owner . . . owns enough contiguous land to allow effective management of land holdings, generating a plethora of disputes over access and similar problems. In particular, the disbursements of state trust lands... 2015  
38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55