AuthorTitleCitationSummaryYearKey Terms
Alexis Blane Sovereign Immunity as a Bar to the Execution of International Arbitral Awards 41 New York University Journal of International Law & Politics 453 (Winter 2009) I. Introduction. 454 II. Domestic Enforcement and Execution of Foreign Arbitral Awards. 456 A. The Law Governing Enforcement. 456 B. Domestic Law of Sovereign Immunity as a Bar to Execution. 459 C. The Scope of the Problem. 464 III. Case Studies. 467 A. The LETCO Arbitration. 467 B. Sedelmayer v. Russia. 468 C. The Noga Arbitration. 470 D.... 2009  
Anthony Wong Sovereign Wealth Funds and the Problem of Asymmetric Information: the Santiago Principles and International Regulations 34 Brooklyn Journal of International Law 1081 (2009) In 2008 and 2009, Sovereign Wealth Funds (SWF) appeared almost daily in financial news and had risen in significance in international capital markets and policy circles. Having grown in number and size, SWFs are now the second largest class of investors in the international capital market. In general terms, SWFs are private equity funds run by... 2009  
Brendan J. Reed Sovereign Wealth Funds: the New Barbarians at the Gate? An Analysis of the Legal and Business Implications of Their Ascendancy 4 Virginia Law & Business Review 97 (Spring 2009) All Trade Is At Last A Trade Of Barter, And No Nation Will Long Buy, Unless It Can Also Sell, - Nor Will It Long Sell If It Will Not Also Buy -David Ricardo in a letter to Thomas Robert Malthus, June 26, 1814, London Introduction: A Discussion of the Scope of Sovereign Wealth Funds. 98 I. The Trade Law Debate - Analyzing the Criticism and Support... 2009  
Kathryn Isted Sovereignty in the Arctic: an Analysis of Territorial Disputes & Environmental Policy Considerations 18 Journal of Transnational Law & Policy 343 (Spring, 2009) Global climate change has affected the Arctic region with greater intensity than the rest of the world. The warming Arctic temperature is causing an unprecedented reduction of its trademark sea ice. The summer of 2007 marked record-breaking shrinkage, spurring estimates that the Arctic may have ice-free summers before the close of this century. As... 2009  
Major Christopher E. Martin Sovereignty, Meet Globalization: Using Public-private Partnerships to Promote the Rule of Law in a Complex World 202 Military Law Review 91 (Winter 2009) The international system--as constructed following the Second World War--will be almost unrecognizable by 2025 owing to the rise of emerging powers, a globalizing economy, an historic transfer of relative wealth and economic power from West to East, and the growing influence of nonstate actors. For hundreds of years, nation-states enjoyed a unique... 2009  
Justin C. Carlin State Sovereign Immunity and Privatization: Can Eleventh Amendment Immunity Extend to Private Entities? 5 FIU Law Review 209 (Fall, 2009) Since the privatization-boom of the 1980s and 1990s, state governments have transferred a large number of traditionally public functions to private firms by: (1) privatizing traditionally public entities, and (2) contracting out to traditionally private entities. For the first time in American law, entities in these types of privatization schemes... 2009  
Julian Yap State Sovereign Immunity and the Law of Nations: Incorporating a Commercial Act Exception into Eleventh Amendment Sovereign Immunity 78 University of Cincinnati Law Review 81 (Fall 2009) I. Introduction. 83 II. The Eleventh Amendment and the Doctrine of State Sovereign Immunity. 86 A. Origins of the Eleventh Amendment. 86 B. Evolution of the Doctrine Eleventh Amendment Immunity. 88 C. Immunity for the State's Commercial Activities. 90 III. The Commercial Act Exception in Nation-State Sovereign Immunity. 92 IV. Eleventh Amendment... 2009  
Eugene Kontorovich The "Define and Punish" Clause and the Limits of Universal Jurisdiction 103 Northwestern University Law Review 149 (Winter 2009) Introduction. 150 I. Methodological Issues. 156 A. Interpretive Theories. 156 B. Evolution in Common and International Law. 157 II. Origins of the Clause. 159 A. The Drafting. 160 B. The Double Redundancy. 163 C. Uniqueness of Piracy. 165 D. Summary. 167 III. Policy of the Clause. 168 A. Purposes. 168 B. Background Assumptions. 171 C. Summary. 174... 2009  
Paul F. Figley , Jay Tidmarsh The Appropriations Power and Sovereign Immunity 107 Michigan Law Review 1207 (May, 2009) Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence--or nonexistence--of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies... 2009  
David Sloss The Constitutional Right to a Treaty Preemption Defense 40 University of Toledo Law Review 971 (Summer 2009) THE Constitution includes several provisions specifically designed to protect criminal defendants. For example, the Fourth Amendment prohibits unreasonable searches and seizures, the Sixth Amendment guarantees that criminal defendants have a right to legal representation, and the Eighth Amendment prohibits cruel and unusual punishments. The... 2009  
Jonathan Goldberg-Hiller, University of Hawai'i The Cultivation of Resentment: Treaty Rights and the New Right. By Jeffrey R. Dudas. Palo Alto, Ca: Stanford University Press, 2008. Pp. 224. $50.00 Cloth 43 Law and Society Review 451 (June, 2009) Too many years after the tide turned on civil rights in the United States, conservative countermobilization is gaining deserved attention in sociolegal studies. Dudas's new book adds theoretical and historical heft to this project by analyzing in detail legal mobilization against Indian treaty rights, refining emergent theoretical apparatuses... 2009  
Daphne Anayiotos The Cultural Genocide Debate: Should the Un Genocide Convention Include a Provision on Cultural Genocide, or Should the Phenomenon Be Encompassed in a Separate International Treaty? 22 New York International Law Review 99 (Summer, 2009) Though ancient in its etymology, the use of the term genocide has its roots in the twentieth century. The word was coined in 1943 by Ralph Lemkin, a Polish law professor, to describe the Nazi genocide of Jews and Roma then taking place in Europe. According to Robert Fisk, the word genocide was first used by Lemkin to describe the elimination of... 2009  
Noah Novogrodsky The Duty of Treatment: Human Rights and the Hiv/aids Pandemic 12 Yale Human Rights and Development Law Journal L.J. 1 (2009) This Article argues that the treatment of HIV and AIDS is spawning a juridical, advocacy, and enforcement revolution. The intersection of AIDS and human rights was once characterized almost exclusively by anti-discrimination and destigmatization efforts. Today, human rights advocates are demanding life-saving treatment and convincing courts and... 2009  
Brad R. Roth The Entity That Dare Not Speak its Name: Unrecognized Taiwan as a Right-bearer in the International Legal Order 4 East Asia Law Review 91 (2009) James Crawford's magisterial 2006 second edition of The Creation of States in International Law, updating his 1979 text in light of the intervening period's vast accumulation of international practice, was much awaited in Taiwan, which has seen a major transformation in its external relations over the last quarter-century. Though Crawford asserts... 2009  
Johan D. van der Vyver The Environment: State Sovereignty, Human Rights, and Armed Conflict 23 Emory International Law Review 85 (2009) Environmental protection has never been a high priority of international law, or for that matter of municipal legal systems. But times have changed--at least somewhat. During the last quarter of the twentieth century, interest in and laws pertaining to the natural environment have increased at a remarkable rate, both in municipal legal systems and... 2009  
Tonya Kowalski The Forgotten Sovereigns 36 Florida State University Law Review 765 (Summer, 2009) Our federal system includes 564 federally recognized American Indian nations, most of which have their own sovereign lands, governments, and court systems, and who interact every day with the state and federal systems. Yet most legal thought overlooks our sovereign Native American nations and legal heritage. Although much of American law and policy... 2009  
Jewel Amoah, Tom Bennett The Freedoms of Religion and Culture under the South African Constitution: Do Traditional African Religions Enjoy Equal Treatment? 24 Journal of Law and Religion Religion 1 (2008-2009) On Sunday, January 20, 2007, Tony Yengeni, former Chief Whip of South Africa's governing party, the African National Congress (ANC), celebrated his early release from a four-year prison sentence by slaughtering a bull at his father's house in the Cape Town township of Gugulethu. This time-honored African ritual was performed in order to appease the... 2009  
Ragini Tripathi The H-2b Visa: Is this How We Treat a Guest? 11 Scholar: St. Mary's Law Review on Minority Issues 519 (Spring 2009) I. Introduction. 519 II. Legal Background. 523 A. History of the Guest Worker in the United States. 523 B. Evolution of the Guest Worker Program. 526 C. The H-2B Guest Worker. 529 III. Legal Analysis I. 533 A. Modern Slavery. 533 B. Specific Gains for Guest Workers. 536 C. Defining Human Trafficking. 538 D. Protecting Trafficked Guest Workers. 542... 2009  
Charles R. McManis , Eul Soo Seo The Interface of Open Source and Proprietary Agricultural Innovation: Facilitated Access and Benefit-sharing under the New Fao Treaty 30 Washington University Journal of Law and Policy 405 (2009) The origin of plant innovation traces back to primitive cropping and domestication of plants for food--to the very beginnings of agriculture. For millennia since then, farmers have selected naturally occurring variants that have shown higher yield or seemed better adapted for cultivation and have replanted seeds of those variants for the following... 2009  
David C. Weiss The International Boundary Commission, Treaty Interpretation, and the President's Removal Power 41 Loyola University Chicago Law Journal 39 (Fall 2009) I. Introduction. 41 II. The International Boundary Commission and its Place in the U.S. Government. 45 A. The International Boundary Commission. 46 1. The Role of the International Boundary Commission Today. 47 2. The History of the International Boundary Commission. 49 B. The Removal of Commissioner Dennis Schornack. 55 III. The International... 2009  
Jeffrey B. Hammond The Minimally Conscious Person: a Case Study in Dignity and Personhood and the Standard of Review for Withdrawal of Treatment 55 Wayne Law Review 821 (Summer, 2009) I. Introduction. 822 A. The Resurrection of a Minimally Conscious Patient. 822 B. A Proposal to Distinguish PVS and MCS. 830 1. Proposal and Personhood Theory. 830 2. The Integrative Function of the Brain and Re-Conceptualizing Death. 838 3. Critics of Neo-Cortical DeathMisdiagnosis of PVS. 844 C. Plan of Article. 846 II. The Minimally Conscious... 2009  
Rachel Reibman The Patient Wanted the Doctor to Treat Her in the Closet, but the Janitor Wouldn't Open the Door: Healthcare Provider Rights of Refusal Versus Lgb Rights to Reproductive and Elder Healthcare 28 Temple Journal of Science, Technology & Environmental Law 65 (Spring 2009) In recent years, scholars have debated whether healthcare professionals can legally refuse to provide medical services that conflict with their moral or religious beliefs. The debate generally focuses on whether healthcare professionals can refuse to provide certain procedures and products such as abortion and contraception. However, this debate... 2009  
James Fallows Tierney The Polar Bear Treaty and the Changing Geography of the High Arctic 3 Journal of Animal Law & Ethics 141 (May, 2009) Characterized by cold, extreme weather, and low biological productivity, the high Arctic is a unique ecological, geographical, and cultural region. For centuries, native populations relied on the few living resources in the region for subsistence, including the polar bear (Ursus maritimus). Overhunting of the polar bear population during the middle... 2009  
Natasha A. Affolder The Private Life of Environmental Treaties 103 American Journal of International Law 510 (July, 2009) The gravitational pull of environmental treaties is felt not only by states. Yet international lawyers almost exclusively focus on states to explain treaty compliance, measure treaty implementation, and assess treaty effectiveness. This essay draws attention to a phenomenon that falls outside traditional boundaries of treaty analysis: the efforts... 2009  
Charles R. McManis The Proposed Anti-counterfeiting Trade Agreement (Acta): Two Tales of a Treaty 46 Houston Law Review 1235 (Symposium 2009) I. Introduction. 1235 II. Tale # 1: IP Piracy, Organized Crime, and Terrorism. 1239 III. Tale # 2: Criminalized File-Sharing and Laptop Border Searches. 1246 IV. The Denouement of These Two Tales?. 1256 Over the past two years, through a coordinated series of public announcements that seem to have been stimulated in part by previously leaked... 2009  
Octavio Lo Prete The Protection of Religious Freedom by the National Constitution and by Human Rights Treaties in the Republic of Argentina 2009 Brigham Young University Law Review 673 (2009) Argentina is a religious society with long-held faith in God. This religious tradition has been a characteristic of the Argentine people since the beginning. To this day, nearly two hundred years after the start of Argentina's march toward independence, religion continues to be a crucial part of Argentine life. A recent study by an accredited... 2009  
Ruth L. Okediji The Regulation of Creativity under the Wipo Internet Treaties 77 Fordham Law Review 2379 (April, 2009) After seven years and intense, breathtaking negotiations of Hollywood-style epic proportions, a copyright law for the digital age was born. The World Intellectual Property Organization (WIPO) Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) (collectively, the WIPO Internet Treaties) opened for signature in 1996 and... 2009  
Mitchell Nathanson The Sovereign Nation of Baseball: Why Federal Law Does Not Apply to "America's Game" and How it Got That Way 16 Villanova Sports and Entertainment Law Journal 49 (2009) This article examines the relationship between Major League Baseball (MLB) and the law; discussing how it has evolved that MLB has become unofficially exempt from federal law on a wide range of issues due to its unique status within American society. Although its antitrust exemption is well-known, MLB has, in practice, not been subject to the... 2009  
Melanie Black The Unusual Sovereign State: the Foreign Sovereign Immunities Act and Litigation Against the Holy See for its Role in the Global Priest Sexual Abuse Scandal 27 Wisconsin International Law Journal 299 (Summer 2009) The Holy See is the word's smallest nation-state, inhabited by a little over eight hundred people, and landlocked in the center of Rome, Italy. This urban nation-state is also the headquarters of the Roman Catholic Church, the faith of over one billion people worldwide. In 1929, the Holy See signed the Lateran Accords and became an independent... 2009  
Michael Greene Three Letters Preventing the Success of International Environmental Treaties 18 Southeastern Environmental Law Journal 137 (Fall 2009) I. Introduction. 138 A. IPRs. 139 B. Green Technology. 140 C. Treaties. 141 D. The Rising Dilemma. 141 II. Complicating Factors. 143 A. American Interests. 143 B. Developing Nations Have Money. 146 C. Only One Environment. 148 III. Treaty Language. 150 A. Evolution of Environmental Treaties. 150 B. Language Leading to Conflict. 152 C. Language with... 2009  
David R. Volosov Too Much Time, Too Little Power: Waivers of Sovereign Immunity and Their Statutes of Limitations 38 Public Contract Law Journal 761 (Spring, 2009) I. Introduction and Background. 761 II. Supreme Court Jurisprudence: 1883-1967. 763 III. Supreme Court Jurisprudence: 1967-January 2008. 764 IV. Lower Court Jurisprudence. 765 V. Supreme Court Jurisprudence: January 2008. 767 A. Analysis of the Rule Set in John R. Sand & Gravel. 768 B. Lower Court Jurisprudence Today. 769 VI. Conclusion. 770 2009  
Penny J. White Treated Differently in Life but Not in Death: the Execution of the Intellectually Disabled after Atkins v. Virginia 76 Tennessee Law Review 685 (Spring, 2009) Shortly after the United States Supreme Court decided Atkins v. Virginia in 2002, I found myself working on a case involving a death-sentenced mentally retarded man. The more I learned about the decision and the disability, the more convinced I became that my work would result in a life sentence for the man. But I was wrong. To date, that has not... 2009  
Ernest A. Young Treaties as "Part of Our Law" 88 Texas Law Review 91 (November, 2009) I. Interpretive Authority. 95 A. Sanchez-Llamas, Avena, and the Problem of Interpretive Deference. 96 B. Comity. 99 C. Three Models of Deference in Domestic Law. 103 II. Self-Execution. 107 A. The Debate About Self-Execution. 109 B. Medellín, Supranational Judgments, and the Treaty Debate. 113 C. Self-Execution, Supremacy, and Equivalent Treatment.... 2009  
David L. Lane Twice Bitten: Denial of the Right to Counsel in Successive Prosecutions by Separate Sovereigns 45 Houston Law Review 1869 (Winter 2009) I. Introduction. 1870 II. Dual Sovereignty, Due Process, Incorporation, and Un-Incorporation. 1873 A. Dual Sovereignty--A Primer. 1873 1. Early Dicta--Fox, Marigold, and Moore.. 1874 2. United States v. Lanza.. 1875 3. The Twin Cases of Bartkus and Abbate. 1877 4. The Petite Policy--Petite and Rinaldi.. 1879 5. Completing the Web--Wheeler and... 2009  
  U.s. Treaty Developments 20 Journal of International Taxation Tax'n 7 (June, 2009) PwC ITS U.S. Treaty Update Recent developments regarding the U.S. income tax treaties with Italy and Switzerland are discussed below. On March 3, 2009, the Italian Parliament passed a law authorizing ratification of the new U.S.-Italy income tax treaty, which was originally signed in 1999. The U.S. Senate had ratified the treaty and an accompanying... 2009  
Stephen P. Mumme, Oscar Ibáñez U.s.-mexico Environmental Treaty Impediments to Tactical Security Infrastructure along the International Boundary 49 Natural Resources Journal 801 (Summer-Fall, 2009) The rapid construction of security infrastructure along the U.S. border with Mexico has proceeded as a unilateral initiative of the U.S. federal government under the authority of the 2005 REAL ID Act and the 2006 Secure Fence Act. While various objections to tactical infrastructure development have been raised, little attention has been given to... 2009  
  United States Hosts Antarctic Treaty Parties; Secretary of State Discusses Polar Issues 103 American Journal of International Law 588 (July, 2009) In April 2009, the United States hosted the thirty-second Consultative Meeting of the Antarctic Treaty parties in Baltimore, Maryland. Participants in the Consultative Meeting included about four hundred diplomats, Antarctic program managers and logistics experts, and polar scientists from forty-seven countries. The meeting addressed issues... 2009  
Brent Carpenter Warm Is the New Cold: Global Warming, Oil, Unclos Article 76, and How an Arctic Treaty Might Stop a New Cold War 39 Environmental Law 215 (Winter 2009) Russia, Norway, Canada, Denmark, and the United States have made or plan to make submissions to the United Nations Commission on the Limits of the Continental Shelf to establish the outer limits of their continental shelves under Article 76 of the United Nations Convention on the Law of the Sea (UNCLOS), an international agreement that addresses... 2009  
Carol M. Suzuki When Something Is Not Quite Right: Considerations for Advising a Client to Seek Mental Health Treatment 6 Hastings Race and Poverty Law Journal 209 (Summer 2009) The following vignettes of composite clients illustrate some issues concerning client mental illness that arise during the course of legal representation: Felix obtains a lawyer to represent him in a removal hearing before the United States Immigration Court. He says he is eligible for political asylum and that he cannot return to his home country.... 2009  
Christopher R. Inama Why Can't They "Design" a Better System? Or Why Do Sovereign States Hold Themselves above "The Law"? 36 Lincoln Law Review Rev. 1 (2008-2009) This paper is an extension of a paper published in Lincoln Law Review, Vol. 33, in which I asked the question: Is state-made law necessary and sufficient for the Great Society? The thesis of that earlier paper was stated, as follows: Is State-made law necessary and sufficient for the Great Society? It is widely assumed, today, that the Great... 2009  
David Keanu Sai A Slippery Path Towards Hawaiian Indigeneity: an Analysis and Comparison Between Hawaiian State Sovereignty and Hawaiian Indigeneity and its Use and Practice in Hawai'i Today 10 Journal of Law & Social Challenges 68 (Fall 2008) On January 17, 2007, a bill was re-introduced in the U.S. Senate to grant tribal sovereignty to Native Hawaiians as the indigenous people of Hawai'i, a similar status afforded Native American tribes on the continental United States. The difference, however, is that Native Hawaiians were citizens of an internationally recognized sovereign State,... 2008  
Diane Howard Achieving a Level Playing Field in Space-related Public-private Partnerships: Can Sovereign Immunity Upset the Balance? 73 Journal of Air Law and Commerce 723 (Fall 2008) wolde you bothe eate your cake, and have your cake? John Heywood, 1546 I. INTRODUCTION. 723 II. PUBLIC-PRIVATE PARTNERSHIPS DEFINED. 724 III. GOVERNMENT IMMUNITY. 734 A. Background. 734 B. Foreign States Immunity Act. 737 C. Additional U.S. Law Providing State Immunity. 745 D. Eleventh Amendment Immunity. 748 IV. APPLYING THE TESTS TO P3s. 754 V.... 2008  
David G. Savage Advice of Consul 94-JUN ABA Journal 24 (June, 2008) In just his third term heading the u.s. Supreme Court, Chief Justice John G. Roberts Jr. has already put his stamp on international law and the interpretation of treaties. Perhaps he had no choice. Treaty disputes have been bubbling up. Some have concerned trade pacts: In Department of Transportation v. Public Citizen, 541 U.S. 752 (2004), the... 2008  
Allie Alexis Umoff An Analysis of the 1944 U.s.-mexico Water Treaty: its Past, Present, and Future 32-FALL Environs Environmental Law and Policy Journal 69 (Fall 2008) Introduction. 71 I. Background. 72 II. The Treaty. 73 A. History of the Treaty. 73 B. Water Delivery Obligations Under the Treaty. 73 1. Allocation of the Rio Grande and Its Tributaries. 74 2. Allocation of the Colorado River. 75 3. Temporary Exemptions. 75 4. Hierarchy of Uses Under the Treaty. 76 III. Implementation of and Compliance with the... 2008  
Geoffrey S. Carlson An Offer They Can't Refuse? The Security Council Tells North Korea to Re-sign the Nuclear Non-proliferation Treaty 46 Columbia Journal of Transnational Law 420 (2008) On October 9, 2006 North Korea conducted a nuclear test. Shortly after, the United Nations Security Council passed Resolution 1718 under Chapter VII of the UN Charter. The resolution demanded, inter alia, that North Korea re-sign the Nuclear Non-Proliferation Treaty, from which it had withdrawn in 2003, while imposing limited economic sanctions.... 2008  
  Argentina Will Terminate Austrian Tax Treaty 19 Journal of International Taxation Tax'n 8 (November, 2008) EY Argentine Tax Desk Update On June 26, 2008, Argentina issued the notice referred to in Article 29 of its treaty with Austria to terminate the treaty relating to taxes for any fiscal year commencing after December 31, 2008. The Austrian treaty is one of the few signed by Argentina out of 18 currently in force that give rights exclusively to the... 2008  
Eric Engle Beyond Sovereignty? The State after the Failure of Sovereignty 15 ILSA Journal of International and Comparative Law 33 (Fall, 2008) I. Sovereignty. 34 A. Definition of Sovereignty. 34 B. Analogies between Sovereignty and the Ruler to Property and Family. 35 C. Origins of the Sovereign Power. 36 1. Religious Justification: Auctoritas. 36 2. Political Reality: Potestas. 37 II. Historical Sources. 37 A. History of the State. 38 B. Transformation of Feudal Sovereignty into Liberal... 2008  
Jason Webb Yackee Bilateral Investment Treaties, Credible Commitment, and the Rule of (International) Law: Do Bits Promote Foreign Direct Investment? 42 Law and Society Review 805 (December, 2008) A long line of research, beginning with Macaulay's (1963) well-known study of Non-Contractual Relations in Business, suggests that the formal trappings of domestic law often have effects on private behavior that are, at best, indirect, subtle, and ambiguous (Macaulay 1984:155). Law and society scholars have spent somewhat less time exploring... 2008  
Stephanie Holmes Breaking the Ice: Emerging Legal Issues in Arctic Sovereignty 9 Chicago Journal of International Law 323 (Summer 2008) In August 2007, Russia garnered international attention by sending two mini-submarines to plant a Russian flag in the deep seabed near the North Pole. The gesture symbolized Russia's interest in the Arctic, though many commentators have dismissed the act as legally inconsequential. The journey is believed to have been the first submarine mission to... 2008  
  Canada 42 International Lawyer 929 (Summer 2008) Canada has taken a very active role in negotiating several new free trade agreements and bilateral investment treaties in 2007. This article will discuss the negotiations, review new developments in foreign investment law, and analyze a new Canadian Supreme Court decision that confirmed the automatic incorporation of international law into Canadian... 2008  
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