| Author | Title | Citation | Summary | Year | Key Terms |
| Oswaldo R. Ruiz-Chiriboga |
Indigenous Corporal Punishment in Ecuador and the Prohibition of Torture and Ill Treatment |
28 American University International Law Review 975 (2013) |
I. INTRODUCTION. 976 II. LEGAL PLURALISM IN ECUADOR. 981 III. INTERNATIONAL INSTRUMENTS THAT PROTECT THE RIGHT TO MAINTAIN INDIGENOUS LAWS. 983 IV. TORTURE IN INTERNATIONAL AND ECUADORIAN LAW. 986 A. Torture and Culture. 990 1. The Changing Nature of Torture. 991 2. Lawful Sanctions. 995 a. Corporal Punishment. 996 b. Imprisonment. 1000 c. Death... |
2013 |
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| Stephen A. Simon |
Inherent Sovereign Powers: the Influential Yet Curiously Uncontroversial Flip Side of Natural Rights |
4 Alabama Civil Rights & Civil Liberties Law Review 133 (2013) |
Abstract. 133 I. Introduction. 134 II. The Wide Reach of Inherent Sovereign Powers. 137 A. The Contract Clause. 137 III. The Double Jeopardy Clause. 151 IV. State Sovereignty in Lands Under Navigable Waters. 159 V. Conclusion. 163 |
2013 |
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| Claudia Priem |
International Investment Treaty Arbitration as a Potential Check for Domestic Courts Refusing Enforcement of Foreign Arbitration Awards |
10 NYU Journal of Law & Business 189 (Fall 2013) |
International commercial arbitration has proven a popular means for dispute resolution in commercial conflicts. Due to the New York Convention, many countries allow foreign arbitral awards to be recognized and enforced in their local courts, resulting in effective means for execution of the award. However, what happens when domestic courts are... |
2013 |
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| George K. Foster |
Investors, States, and Stakeholders: Power Asymmetries in International Investment and the Stabilizing Potential of Investment Treaties |
17 Lewis & Clark Law Review 361 (2013) |
Critics of investment treaties contend that these treaties give investors excessive rights vis-à-vis host states, and undermine the latter's ability to regulate to prevent corporate human rights abuses. Some even assert that investors are often now more powerful than host states, in part because of investment treaties. Consequently, calls for... |
2013 |
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| Angela M. Porter |
James Oakes's Treatment of the First Confiscation Act in Freedom National: the Destruction of Slavery in the United States, 1861-1865 |
57 Howard Law Journal 137 (Fall, 2013) |
INTRODUCTION. 138 I. BACKGROUND: OVERVIEW OF THE FIRST CONFISCATION ACT. 139 A. Overview of the Act's Passage. 139 II. CRITIQUE OF JAMES OAKES'S TREATMENT OF THE FIRST CONFISCATION ACT. 141 A. Oakes Inaccurately Discusses the Discharge Language of the FCA and Mischaracterizes the Nature of the Debate Surrounding that Language. 142 B. Oakes... |
2013 |
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| Glen Hearns, Richard Kyle Paisley |
Lawyers Write Treaties, Engineers Build Dikes, Gods of Weather Ignore Both: Making Transboundary Waters Agreements Relevant, Flexible, and Resilient in a Time of Global Climate Change |
6 Golden Gate University Environmental Law Journal 259 (Spring 2013) |
This Article identifies and critically reviews the importance of adaptability and flexibility in treaties and institutional arrangements by providing resilience in the face of the anticipated impact of climate change on the good governance of international waters. Building greater resilience and adaptability into international waters agreements is... |
2013 |
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| Lacey Stutz |
Myth of Protection: Florida Courts Permitting Involuntary Medical Treatment of Pregnant Women |
67 University of Miami Law Review 1039 (Summer 2013) |
Introduction. 1040 I. The Right to Refuse Medical Treatment. 1042 A. Federal Right to Refuse Medical Treatment. 1042 1. Common Law Origins. 1042 2. Substantive Due Process: Right to Privacy. 1043 B. Florida's Broader Right to Refuse Medical Treatment. 1044 II. Overriding the Right to Refuse Medical Treatment. 1045 A. Jurisdictions Protecting the... |
2013 |
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| Joanne Pedone , Andrew R. Kloster |
New Proposals for Human Rights Treaty Body Reform |
22 Journal of Transnational Law & Policy 29 (2012-2013) |
As the perceived usefulness of attaching the label human right to a given goal or value increases, it can be expected that a determined effort will be made by a wide range of special interest groups to locate their cause under the banner of human rights. Thus, in the course of the next few years, UN organs will be under considerable pressure to... |
2013 |
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| Richard A. Danner |
Oh, the Treatise! |
111 Michigan Law Review 821 (April, 2013) |
In his foreword to the Michigan Law Review's 2009 Survey of Books Related to the Law, my former Duke colleague Erwin Chemerinsky posed the question: [W]hy should law professors write? In answering, Erwin took as a starting point the well-known criticisms of legal scholarship that Judge Harry Edwards published in this journal in 1992. Judge... |
2013 |
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| Robin Walker Sterling |
On Surviving Legal De-education: an Allegory for a Renaissance in Legal Education |
91 Denver University Law Review 211 (2013) |
They had done it. After three long years, three of the members of the graduating class of 2035 of Denver Law sat together over burgers at Crimson & Gold, the local student hangout that had sustained them through countless hours of studying, memorizing, outlining, and learning. Geneva Johnson could not believe that she had just graduated from law... |
2013 |
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| Rebecca M. Kysar |
On the Constitutionality of Tax Treaties |
38 Yale Journal of International Law L. 1 (Winter, 2013) |
I. Introduction. 2 II. The Tension Between the Origination and Treaty Clauses. 6 A. History and Interpretations of the Origination Clause. 7 1. The Role of the Origination Clause in the Great Compromise. 7 2. Judicial Interpretations of the Origination Clause. 10 a. The Scope of the Clause and Justiciability. 10 b. The Meaning of Raising Revenue... |
2013 |
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| John Love |
On the Record: Why the Senate Should Have Access to Treaty Negotiating Documents |
113 Columbia Law Review 483 (March, 2013) |
The Treaty Clause of the Constitution describes the mechanism through which the United States enters into treaties with other nations. Though seemingly straightforward, the Clause is unique in that it is an explicit constitutional mandate to share power. As such, defining the precise contours of this power has led to several conflicts between the... |
2013 |
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| Dorothée Cambou , Stefaan Smis |
Permanent Sovereignty over Natural Resources from a Human Rights Perspective: Natural Resources Exploitation and Indigenous Peoples' Rights in the Arctic |
22 Michigan State International Law Review 347 (2013) |
Introduction. 348 I. Permanent Sovereignty over Natural Resources from the Perspective of Traditional International law. 350 A. Interstate Relations and the Delimitation of State Sovereignty in the Arctic. 350 B. Intrastate Relations and the Implication of Sovereignty for Indigenous Peoples in the Arctic. 354 II. Permanent Sovereignty Over Natural... |
2013 |
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| Paul Horwitz |
Permeable Sovereignty and Religious Liberty |
49 Tulsa Law Review 235 (Winter, 2013) |
Abner S. Greene, Against Obligation: The Multiple Sources of Authority in a Liberal Democracy 2012. Pp. 333. Hardcover, $49.95. With Against Obligation, Abner Greene has accomplished a valuable task: he has written a book that is both timeless and timely. It is timeless insofar as the main questions asked by his book--whether citizens have a... |
2013 |
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| Robert J. Martin, Rob Ballard |
Reconciling the Migratory Bird Treaty Act with Expanding Wind Energy to Keep Big Wheels Turning and Endangered Birds Flying |
20 Animal Law 145 (2013) |
The Migratory Bird Treaty Act (MBTA) has proven invaluable in minimizing the destruction of the 240 avian species listed by its enforcement agency, the United States Fish and Wildlife Service (FWS), as endangered or threatened or birds of conservation concern. Recently, however, the Act is faced with a new challenge: How can it continue to... |
2013 |
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| Katie Schaefer |
Reining in Sovereign Immunity to Compensate Hurricane Katrina Victims |
40 Ecology Law Quarterly 411 (2013) |
In 2005, Hurricane Katrina devastated New Orleans, Louisiana. Residents sued the U.S. Army Corps of Engineers for negligently constructing and maintaining of a Gulf of Mexico shipping channel that caused the levee breaches that flooded their homes and destroyed their property. The Army Corps asserted immunity under the Flood Control Act, which... |
2013 |
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| Howard J. Vogel |
Rethinking the Effect of the Abrogation of the Dakota Treaties and the Authority for the Removal of the Dakota People from Their Homeland |
39 William Mitchell Law Review 538 (2013) |
I. Introduction. 539 II. The Argument in a Nutshell. 542 III. The Demand for Extermination or Removal of the Dakota: The Postwar Context for Reading the Abrogation Act of 1863. 543 A. The Long Road to the Dakota-U.S. War of 1862. 544 B. The Call for Vengeance in the Immediate Aftermath of the War. 548 IV. The Congressional Acts: Rethinking the... |
2013 |
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| Hallie Ludsin |
Returning Sovereignty to the People |
46 Vanderbilt Journal of Transnational Law 97 (January, 2013) |
Governments across the world regularly invoke sovereignty to demand that the international community mind its own business while they commit human rights abuses. They proclaim that the sovereign right to be free from international intervention in domestic affairs permits them unfettered discretion within their territory. This Article seeks to... |
2013 |
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| Alice de Jonge |
Returning to Fundamentals: Principles of International Law Applicable to the Resolution of Sovereign Debt Crises |
36 Suffolk Transnational Law Review Rev. 1 (Winter, 2013) |
Sovereign insolvency has early precedents. Philip II of Spain had to declare moratoriums on the repayment of Spanish debt in 1557, 1560, 1575, and 1596, largely due to the rising costs of various military enterprises. Many other sovereigns have defaulted on the payment of international debts since that time. On each occasion, almost without fail,... |
2013 |
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| Myrisha S. Lewis |
Sex and Statutory Uniformity: Harmonizing the Legal Treatment of Semen |
7 Charleston Law Review 235 (Winter 2012-2013) |
I. INTRODUCTION. 236 A. Product. 241 B. Method of Transmission/Distribution. 242 II. SEXUALLY TRANSMITTED DISEASES DUE TO SEXUAL CONTACT. 245 III. SEXUALLY TRANSMITTED DISEASES DUE TO ASSISTED REPRODUCTIVE TECHNOLOGY. 251 IV. MODEL STATUTE IN THE SEXUALLY TRANSMITTED DISEASE CONTEXT. 251 V. LEFTOVER EMBRYOS DUE TO ASSISTED REPRODUCTIVE TECHNOLOGY.... |
2013 |
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| Brittany D. Botterill |
South Africa's Electricity Crisis: the Need to Reconcile Environmental Policy Decisions with International Treaties |
4 San Diego Journal of Climate & Energy Law 225 (2012-2013) |
I. Introduction. 226 II. South Africa's Monopolistic Electricity Company: Eskom. 228 III. Southern Africa Power Pool: South Africa's Electrical Connection to Southern Africa. 230 IV. Funding of the Eskom Electricity Project: The World Bank's Loan for Medupi. 232 V. South Africa's International Commitments and Obligations Under the United Nations... |
2013 |
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| Larry Catá Backer |
Sovereign Investing and Markets-based Transnational Rule of Law Building: the Norwegian Sovereign Wealth Fund in Global Markets |
29 American University International Law Review Rev. 1 (2013) |
I. INTRODUCTION. 2 II. THE OPERATION OF THE NORWEGIAN SOVEREIGN WEALTH FUND: PRIVATE ACTOR, INTERNATIONAL ACTOR, AND SOVEREIGN. 11 A. Organization of the NSWF: Finance Ministry, the Norges Bank, and NBIM. 12 B. The NSWF Ethical Guidelines. 18 C. Operationalizing the Ethics Guidelines--The Structure and Functions of the NSWF Council on Ethics. 24... |
2013 |
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| Eyal Benvenisti |
Sovereigns as Trustees of Humanity: on the Accountability of States to Foreign Stakeholders |
107 American Journal of International Law 295 (April, 2013) |
We live in a shrinking world where interdependence between countries and communities is increasing. These changes also affect--as they should--the concept of sovereignty. In past decades the predominant conception of sovereignty was akin to owning a large estate separated from other properties by rivers or deserts. By contrast, today's reality is... |
2013 |
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| Jonathan Barrett , Luke Strongman , Open Polytechnic of New Zealand, Open Polytechnic of New Zealand |
Sovereignty in Postcolonial Aotearoa New Zealand: Ambiguities, Paradoxes, and Possibilities |
36 PoLAR: Political and Legal Anthropology Review 341 (November, 2013) |
The Treaty of Waitangi, concluded between many Mori chiefs and the British Crown in 1840, is the foundational testament of Aotearoa New Zealand. Despite the constitutional character, its status, subject matter, and terms of the treaty are disputable. Legal positivists deny the validity of the treaty; the English text, but not the Mori version,... |
2013 |
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| Joshua Winneker, Ira Sprotzer, Lindsay Demery |
Sports Gambling and the Expanded Sovereignty Doctrine |
13 Virginia Sports and Entertainment Law Journal 38 (Fall 2013) |
Historically, sports gambling has provided a significant amount of revenue to states that have legalized it. For a state like New Jersey, that has been devastated by a super storm in conjunction with a lackluster casino business, legalizing sports gambling seemed a like a logical step to increase revenue. The problem is that the federal government,... |
2013 |
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| Roger J. Goebel |
Supranational? Federal? Intergovernmental? The Governmental Structure of the European Union after the Treaty of Lisbon |
20 Columbia Journal of European Law 77 (Fall, 2013) |
The goal of this article is to provide an overview of the progressive augmentation of the supranational character of the governmental structure of the initial EEC, gradually evolving into the present European Union, particularly as a consequence of revisions to the constituent Treaties. Part I of this article presents the European Commission, the... |
2013 |
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| Solon Solomon |
The Case of Bolivia v. Chile in an Era of Transforming Sovereignty |
25 Florida Journal of International Law 331 (December, 2013) |
I. Introduction. 332 II. Sovereignty Loss and Acquisition: From Passive/Idealistic to Aggressive/Pragmatic. 333 A. The Classical Sovereignty Pattern. 333 1. Sovereignty Loss-Passive. 333 2. Sovereignty Acquisition-Idealism. 336 B. Sovereignty Transformed. 337 1. Sovereignty Loss-Aggressive. 337 2. Sovereignty Acquisition-Pragmatism. 340 III. The... |
2013 |
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| Kevin Kirkpatrick |
The Columbia River Treaty's Canadian Entitlement: the Role of Liberalized and Integrated North American Electricity Markets in a New Calculation |
3 Washington Journal of Environmental Law & Policy 320 (November, 2013) |
ABSTRACT: The Columbia River Treaty between the United States and Canada may be terminated unilaterally by either nation beginning next year; this has brough attention within the Pacific Northwest and beyond to the 1964 agreement on river flows. Much of the discussion about updating the accord highlights important goals such as bettering the... |
2013 |
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| Jennifer L. Zyznar |
The Feres Doctrine: "Don't Let this Be It. Fight!" |
46 John Marshall Law Review 607 (Winter 2013) |
I don't want to die, I don't know what else to do, I have a loaded gun in my lap right now, I'm so scared. Following in his father's footsteps, Christopher Lee Purcell (Purcell) enlisted in the United States Navy when he was eighteen years old. Purcell served with distinction, but struggled with emotional and substance abuse problems before... |
2013 |
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| Crowell & Moring LLP |
The Foreign Sovereign Immunities Act: 2011 Year in Review |
19 Law & Business Review of the Americas 139 (Spring 2013) |
INTRODUCTION: THE FSIA IN 2011. 140 I. A BRIEF HISTORY OF THE FSIA. 140 II. THE DEFINITION OF A FOREIGN STATE: POLITICAL SUBDIVISIONS, ORGANS, AGENCIES AND INSTRUMENTALITIES. 142 A. What Is a Foreign State?. 142 III. EXCEPTIONS TO THE GENERAL GRANT OF IMMUNITY. 146 A. Waiver - Section 1605(a)(1). 146 B. Commercial Activity - Section 1605(A)(2).... |
2013 |
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| Ron Vogel |
The Great Brain Robbery: Tianrui and the Treatment of Extraterratorial Unfair Trade Acts |
22 Federal Circuit Bar Journal 641 (2013) |
In June 2011, three employees of American Superconductor Corp. (AMSC) headed to northwest China to find out why the blades on a wind turbine manufactured by the company's largest customer, China's Sinovel Wind Group (Sinovel), were still spinning. AMSC had been using the Sinovel turbine to test a new version of its control system software,... |
2013 |
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| Nathan Bellinger, Michael Fakhri |
The Intersection Between Food Sovereignty and Law |
28-FALL Natural Resources & Environment 45 (Fall, 2013) |
People use different terms when discussing food politics--food security, food justice, right to food, and food sovereignty. Corporations, governments, international institutions, and social movements all use these terms to argue how the production, distribution, and consumption of food should change. These terms are at the center of a very... |
2013 |
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| E. Ann Jeschke |
The Moral Trauma of America's Warriors: Why We must Treat Combat Posttraumatic Stress Disorder as a Bio-psycho-social-spiritual Phenomenon |
37 Nova Law Review 547 (Summer, 2013) |
I. INTRODUCTION. 547 II. THE SPIRITUAL CONSCIOUSNESS OF WAR. 551 A. QUESTION ONE: HOW IS WAR SPIRITUAL?. 551 B. QUESTION TWO: WHY DOES THE SPIRITUAL QUALITY OF WAR MAKE COMBAT TRAUMA UNIQUE?. 556 C. QUESTION THREE: WHAT IS NEEDED TO PROPERLY TREAT THE SPIRITUAL DIMENSION OF COMBAT TRAUMA?. 561 III. VA/DOD BIO-PSYCHO-SOCIAL APPROACH TO PTSD:... |
2013 |
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| Colonel Brian H. Brady |
The North Atlantic Treaty Organization Legal Advisor: a Primer |
2013-OCT Army Lawyer Law. 4 (October, 2013) |
A lawyer who provides legal advice to a North Atlantic Treaty Organization (NATO) client is known as a legal advisor (LEGAD). United States judge advocates perform duty as LEGADs and occupy key NATO crisis establishment posts, advising clients who execute NATO-led operations in Afghanistan, the Balkans, and other contingencies. Additionally, judge... |
2013 |
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| Daniel McDermott |
The Padilla Wrecking Ball: Advocating for Change in Post-padilla Jurisprudence to Address What Really Ails the Immigration System's Treatment of Noncitizen Defendants in the Post-conviction Context |
45 University of Miami Inter-American Law Review 221 (Fall 2013) |
Waxing poetic about the irony of the bad in life that tends to accompany the good, a philosopher once opined, every rose has its thorn. Just as a rose looks beautiful only until one feels the prick of its thorns, oftentimes Supreme Court cases that look beautiful at first glance turn out to be thornier than they appear. On March 31, 2010, the... |
2013 |
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| Richard L. Wiener, Katlyn S. Farnum, University of Nebraska, Lincoln |
The Psychology of Jury Decision Making in Age Discrimination Claims |
19 Psychology, Public Policy, and Law 395 (August, 2013) |
Recently, the Supreme Court decided that discrimination cases under the Age Discrimination in Employment Act (ADEA) of 1967 (29 U.S.C. §§ 621-634) are distinct from those under Title VII of the Civil Rights Act (CRA) of 1964 (42 U.S.C. § e2000 et seq.). The ADEA must use but for causality instructions (e.g., age must be the direct cause of an... |
2013 |
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| Kevin A. Klock |
The Soft Law Alternative to the Who's Treaty Powers |
44 Georgetown Journal of International Law 821 (Winter, 2013) |
As a recent decision of the World Health Assembly makes clear, many in the global health movement advocate mobilizing the World Health Organization's (WHO) treaty-making powers to address the world's great health challenges. The hard lawmaking power granted to the WHO in the 1940s was unprecedented, but is antiquated now given contemporary... |
2013 |
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| John F. Coyle |
The Treaty of Friendship, Commerce and Navigation in the Modern Era |
51 Columbia Journal of Transnational Law 302 (2013) |
The bilateral treaty of friendship, commerce and navigation was for centuries a staple of international diplomacy. These treaties were famous for addressing a wide range of issues--including human rights, trade and investment protection-- in a single document. In recent years, however, states have increasingly entered into specialized agreements on... |
2013 |
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| Oona A. Hathaway, Spencer Amdur, Celia Choy, Samir Deger-Sen, John Paredes, Sally Pei, Haley Nix Proctor |
The Treaty Power: its History, Scope, and Limits |
98 Cornell Law Review 239 (January, 2013) |
This Article examines the scope of the treaty power under the U.S. Constitution. A recent challenge in the courts has revived a debate over the reach and limits of the federal government's treaty power that dates to the Founding. This Article begins by placing today's debate into historical perspective--examining the understanding of the treaty... |
2013 |
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| Qerim Qerimi , Suzana Krasniqi |
Theories and Practice of State Succession to Bilateral Treaties: the Recent Experience of Kosovo |
14 German Law Journal 1639 (9/1/2013) |
This article explores the most recent practice, as exemplified by the case of Kosovo, concerning succession to treaties in international law. In doing so, it examines the precise meaning and legal effects under international law of relevant provisions of the Declaration of Independence (DoI) of Kosovo with respect to international treaties... |
2013 |
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| Dean M. Hunter |
Time to Reload: States Request More Time on the Arms Trade Treaty |
33 Saint Louis University Public Law Review 227 (2013) |
On October 11, 2012, Turkish officials grounded a Russian plane headed for Syria. According to the Turkish Prime Minister, the plane contained arms and munitions bound for the Syrian government. President Assad's Syrian regime is currently embroiled in a long civil war against an insurgency, and Russia remains Syria's top arm supplier.... |
2013 |
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| Lawrence O. Gostin , Eric A. Friedman |
Towards a Framework Convention on Global Health: a Transformative Agenda for Global Health Justice |
13 Yale Journal of Health Policy, Law & Ethics Ethics 1 (Winter 2013) |
Global health inequities cause nearly 20 million deaths annually, mostly among the world's poor. Yet international law currently does little to reduce the massive inequalities that underlie these deaths. This Article offers the first systematic account of the goals and justifications, normative foundations, and potential construction of a proposed... |
2013 |
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| Rob Dickinson |
Transformation of the Modern State: State Sovereignty and Human Rights in the Internet Age |
29 Connecticut Journal of International Law 51 (Fall, 2013) |
Dr. Rob Dickinson is a Lecturer in Law at Newcastle Law School, Newcastle University, Newcastle upon Tyne, NE1 7RU, England, UK, email: rob.dickinson @ncl.ac.uk. His current research focuses on self-determination and human rights in the context of the events of the Arab Spring, and on issues arising with reference to state sovereignty. The author... |
2013 |
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| Robin Kundis Craig |
Treating Offshore Submerged Lands as Public Lands: a Historical Perspective |
34 Public Land & Resources Law Review 51 (2013) |
When President Harry Truman proclaimed federal control over the United States' continental shelf in 1945, he did so primarily to secure the energy resources-- oil and gas--embedded in those submerged lands. Nevertheless, the mineral wealth of the continental shelf spurred two critical legal battles over their control and disposition: first, whether... |
2013 |
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| Julian Arato |
Treaty Interpretation and Constitutional Transformation: Informal Change in International Organizations |
38 Yale Journal of International Law 289 (Summer 2013) |
I. Introduction. 290 II. Constitutions and Constitutional Change: An Approach to the Study of International Organizations. 296 A. Treaty vs. Constitution. 297 B. Formal vs. Material Constitution. 301 C. Juridical vs. Political Perspective. 303 D. Amendment vs. Transformation. 304 III. Subsequent Practice and the Primacy of Consent. 307 A. The... |
2013 |
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| Jean Galbraith |
Treaty Options: Towards a Behavioral Understanding of Treaty Design |
53 Virginia Journal of International Law 309 (Spring, 2013) |
Rational choice theory is the dominant paradigm through which scholars of international law and international relations approach treaty design. In this Article, I suggest a different approach using a combination of empirical observations of state behavior and theoretical insights from behavioral economics. I focus on one aspect of multilateral... |
2013 |
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| Zvi S. Rosen |
Treaty Power Justifications for Early Federal Trademark Laws |
16 University of Pennsylvania Journal of Constitutional Law: Heightened Scrutiny Scrutiny 1 (October, 2013) |
In 1920, in one of his best-known opinions, Justice Oliver Wendell Holmes, Jr. declared that [i]f [a] treaty is valid there can be no dispute about the validity of the statute under Article 1, § 8, as a necessary and proper means to execute the powers of the Government. This opinion made clear that Congress posesses an independent treaty power... |
2013 |
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| Kathryn E. Rimpfel |
Treaty Shopping and Expansive Jurisdiction: Causes and Effects of Venezuela's Denunciation of the Icsid Convention |
5 Yearbook on Arbitration and Mediation 371 (2013) |
The denunciation of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) by Venezuela poses many questions for, and undoubtedly has an impact on, the international investment arbitration community. The January 24, 2012 denunciation by the Latin American oil giant was the third... |
2013 |
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| Kristen E. Eichensehr |
Treaty Termination and the Separation of Powers |
53 Virginia Journal of International Law 247 (Spring, 2013) |
The President, Congress, and the courts have long disagreed about who has the power to terminate treaties. Presidents have claimed the power to terminate treaties unilaterally, while Congress and particularly the Senate have argued that because the political branches share the power to make treaties, they should also share the power to terminate... |
2013 |
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| Thomas P. Schlosser |
Understanding Federal Rule of Civil Procedure 19 and its Application in the Sovereign Immunity Cases |
60-APR Federal Lawyer 42 (April, 2013) |
The familiar concept that federally recognized Indian tribes are protected by sovereign immunity leads to interesting and confusing results in cases interpreting Rule 19 of the Federal Rules of Civil Procedure--Required Joinder of Parties. As a matter of federal law, an Indian tribe is subject to suit only where Congress has authorized the suit or... |
2013 |
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