AuthorTitleCitationSummaryYearKey Terms
Kojo Yelpaala Fundamentalism in Public Health and Safety in Bilateral Investment Treaties [Part I 3 Asian Journal of WTO & International Health Law & Policy 235 (March, 2008) The goal of this work is to explore, examine and analyze how much of an impact BITs can lawfully have on the choices available to governments to take necessary measures for the protection of health, safety, the environment and human rights. This calls for a return to first principles of sovereignty, constitutionalism and international law on the... 2008  
Kevin M. Whiteley Holding International Organizations Accountable under the Foreign Sovereign Immunities Act: Civil Actions Against the United Nations for Non-commercial Torts 7 Washington University Global Studies Law Review 619 (2008) During the afternoon hours of April 17, 2004, bedlam reigned at the U.N.-run Mitrovica Detention Center in northern Kosovo. Having completed the first day of pre-induction training, a group of international correctional and police officers were preparing to exit the facility when an assailant unexpectedly began firing at the group's three-vehicle... 2008  
Marcia Valiante How Green Is My Treaty? Ecosystem Protection and the "Order of Precedence" under the Boundary Waters Treaty of 1909 54 Wayne Law Review 1525 (Winter, 2008) I. Introduction. 1525 II. Background. 1527 III. The Issue of Fluctuating Water Levels. 1529 IV. Regulation of Water Levels in Lake Ontario and the St. Lawrence River. 1533 V. International Law. 1541 VI. Resolving the Impasse on Lake Ontario Levels. 1548 VII. Conclusions. 1549 The Boundary Waters Treaty (BWT or Treaty) between Canada and the United... 2008  
Parker Clote Implications of Global Warming on State Sovereignty and Arctic Resources under the United Nations Convention on the Law of the Sea: How the Arctic Is No Longer Communis Omnium Naturali Jure 8 Richmond Journal of Global Law and Business 195 (Winter 2008) The Arctic region has long been an area of singular potential, possessing both a sui generis geography and an invaluable supply of natural resources. Yet this potential has long remained unrealized and speculative, owing to the Arctic's harsh climate and the absence of any cognizable claim of sovereignty. Recently, however, global warming and a... 2008  
John A. Boyd Inadequate International Financial Institution Assistance for Adam Smith's Second Duty of the Sovereign: Protecting Against Injustice 17-WTR Kansas Journal of Law & Public Policy 230 (Winter 2007-2008) This article attempts a partial answer to the important question--what changes should be made in law and policy at the six major International Financial Institutions (IFIs), consisting of the International Monetary Fund (IMF), the World Bank, and the regional development banks in Africa, Asia, Europe and Latin America (the African Development Bank,... 2008  
Siegfried Wiessner Indigenous Sovereignty: a Reassessment in Light of the Un Declaration on the Rights of Indigenous Peoples 41 Vanderbilt Journal of Transnational Law 1141 (October, 2008) This Article explores the concept of indigenous sovereignty against the backdrop of the resurgence of indigenous peoples as actors in international and domestic law and policy. The Author starts with the traditional Western notion of sovereignty and its dynamization via the principle of self-determination, cabined by the exclusionary concepts of... 2008  
Arthur Kimball-Stanley Insurance and Credit Default Swaps: Should like Things Be Treated Alike? 15 Connecticut Insurance Law Journal 241 (Fall, 2008) This article focuses on the potential moral hazards created by the use of credit default swaps (CDS) and argues that perhaps such swaps should be regulated as analogous to regular insurance regimes. The author discusses academic mischaracterization of the issue, including arguments that CDS is not the same as insurance, and refutes this... 2008  
Anna A. Kornikova International Child Labor Regulation 101: What Corporations Need to Know about Treaties Pertaining to Working Youth 34 Brooklyn Journal of International Law 207 (2008) The decision in Roe v. Bridgestone Corp. has signaled that transnational corporations (TNCs) that have sufficient minimum contacts with the United States may be subject to liability in U.S. courts for international child labor violations committed abroad. This liability may arise under the Alien Tort Statute (ATS), which allows aliens to bring... 2008  
Oona A. Hathaway International Delegation and State Sovereignty 71-WTR Law and Contemporary Problems 115 (Winter 2008) International law's strength and reach have grown significantly over the last half-century. Once the province primarily of diplomatic and trade treaties, international law now reaches not just interactions between states but states' behavior within their own borders as well. In the early years of the twenty-first century, more than 100,000... 2008  
Margaret J. Vick International Water Law and Sovereignty: a Discussion of the Ilc Draft Articles on the Law of Transboundary Aquifers 21 Pacific McGeorge Global Business & Development Law Journal 191 (2008) Table of Contents I. Introduction. 191 II. Freshwaters: Groundwater and Surface Water. 193 III. The Law of International Fresh Waters. 195 A. Scope of the 1997 U.N. Convention. 196 B. Scope of the Draft Articles. 198 1. Legal Bifurcation of Freshwaters. 198 2. Fragmentation of International Law. 201 3. Aquifers or Groundwater. 203 IV. Sovereignty... 2008  
J. Scott Kohler Interpretive Federalism and the Treaty Power Implications of Sanchez-llamas v. Oregon 46 Columbia Journal of Transnational Law 468 (2008) In the wake of the federalism retrenchment brought about by Supreme Court precedents of the past two decades, some scholars have challenged the vitality of Missouri v. Holland, the Court's canonical explication of the treaty power. Examining this retrenchment and the academic debate it has touched off, this Note considers whether the Court's recent... 2008  
William W. Burke-White , Andreas von Staden Investment Protection in Extraordinary Times: the Interpretation and Application of Non-precluded Measures Provisions in Bilateral Investment Treaties 48 Virginia Journal of International Law 307 (Winter 2008) I. Introduction. 309 II. The Prevalence of NPM Clauses. 318 III. Distinguishing Treaty-Based NPM Clauses from Background Defenses in Customary International Law. 320 IV. The Anatomy of NPM Clauses. 324 A. Placement of NPM Clauses in Bilateral Investment Treaties. 325 B. Examples of NPM Clauses. 326 C. Form and Structure of NPM Clauses. 329 1. The... 2008  
José E. Alvarez, Columbia Law School Investment Treaty Arbitration and Public Law. By Gus Van Harten. Oxford, New York: Oxford University Press, 2007. Pp. Xxxii, 214, 184. Index. $145, £60, Cloth; $65, £24, Paper 102 American Journal of International Law 909 (October, 2008) Gus Van Harten's Investment Treaty Arbitration and Public Law, based on his Ph.D. dissertation at the London School of Economics, is an academic grenade lobbed at the ever growing number of investor-state disputes and the arbitral procedures that govern them. The author's intellectual forebears--old guard supporters of the defunct New... 2008  
Stacy Humes-Schulz Limiting Sovereign Immunity in the Age of Human Rights 21 Harvard Human Rights Journal 105 (Winter 2008) Ron Jones stopped for a cigarette outside a bookstore in central Riyadh on March 15, 2001, when a trash can exploded. His wounds and one-night hospital visit, however, were probably the least painful part of the nightmarish chapter of his life that then unfolded. From his hospital bed, Saudi officials seized and imprisoned Jones on suspicion that... 2008  
Jordan J. Paust Medellín, Avena, the Supremacy of Treaties, and Relevant Executive Authority 31 Suffolk Transnational Law Review 301 (Symposium 2008) I. Treaty-Based Obligations of the United States. 302 A. Obligations of the United States Under the United Nations Charter. 302 B. The Avena Judgment of the International Court of Justice. 306 II. Executive Execution. 307 A. The President's Decision. 307 B. The Legal Status and Effect of the Presidential Decision. 308 III. Constitutional... 2008  
José Gabilondo Monetizing Diaspora: Liquid Sovereigns and the Interest Convergence Around Worker Remittances 26 Penn State International Law Review 653 (Winter 2008) Larry Catá Backer raises two issues in his Article on law in a post-Soviet world on which I want to comment. First, Catá Backer considers the relationship between law and ethnos, which refers to the link between an aggregate of people and a country's territory. Law, he notes, can both strengthen and weaken a people's tie to a country's territory.... 2008  
John Quigley Must Treaty Violations Be Remedied?: a Critique of Sanchez-llamas v. Oregon 36 Georgia Journal of International and Comparative Law 355 (Winter, 2008) In Sanchez-Llamas v. Oregon, a 2006 case involving a treaty, the Supreme Court of the United States made the following statement: where a treaty does not provide a particular remedy, either expressly or implicitly, it is not for the federal courts to impose one on the States through lawmaking of their own. The proposition asserted in this... 2008  
Astrid S. Tuminez Neither Sovereignty Nor Autonomy: Continuing Conflict in the Southern Philippines 102 American Society of International Law Proceedings 122 (April 9-12, 2008) The southern Philippines, home to approximately four to five million Moros, has witnessed violent conflict for almost four decades. The Moros are a Muslim minority comprised of thirteen ethno-linguistic groups. Spanish colonialists who ruled the Philippines coined the term Moros because the Islamized peoples reminded them of their own Moors.... 2008  
Timothy K. Choy, University of California--Davis Neoliberalism as Exception: Mutations of Citizenship and Sovereignty Aihwa Ong (Durham: Duke University Press, 2007) 31 PoLAR: Political and Legal Anthropology Review 338 (November, 2008) Neoliberalism as Exception: Mutations of Citizenship and Sovereignty draws together 10 recent and new essays by Aihwa Ong on novel forms of neoliberal government in East and Southeast Asia. Engaging a variety of sites, actors, and practices, the essays share a concern with how working and living conditions are being transformed as states... 2008  
Robert DeLay Our Post-kyoto Treaty Climate Change Framework: Open Market Carbon-ranching as Smart Development 17 Penn State Environmental Law Review 55 (Fall 2008) Trees are right at the heart of all the necessary debates: ecological, social, economic, political, moral, religious. [B]eyond a doubt, most landscapes and the world in general would benefit from many, many more trees than there are now, and wholesale squandering of present-day forest seems like an act of suicide. Rebuilding the Atlantic Forest... 2008  
Richard J. Pierce, Jr. Outsourcing Is Not Our Only Problem 76 George Washington Law Review 1216 (August, 2008) Paul Verkuil's new book, Outsourcing Sovereignty, is an important contribution to the debate about the appropriate roles of public agencies and private contractors in governing the nation. Verkuil begins by tracing the modern history of the trend toward privatization of governmental functions from Iran Contra to private prisons, Katrina, and Iraq.... 2008  
Thomas B. McAffee Overcoming Lochner in the Twenty-first Century: Taking Both Rights and Popular Sovereignty Seriously as We Seek to Secure Equal Citizenship and Promote the Public Good 42 University of Richmond Law Review 597 (January, 2008) Professor McAffee reviews substantive due process as the textual basis for modern fundamental rights constitutional decision-making. He contends that we should avoid both the undue literalism that rejects the idea of implied rights, as well as the attempt to substitute someone's preferred moral vision for the limits, and compromises, that are... 2008  
Dr. Sam Speck Panel Iii-the Boundary Waters Treaty and Protecting Freshwater Resources in North America 54 Wayne Law Review 1483 (Winter, 2008) The Boundary Waters Treaty (Treaty) provides the framework for the United States and Canada to work together on equal footing with respect to water issues along the boundary. The overriding purpose of the Treaty is to prevent and resolve disputes regarding the use of boundary waters by defining the rights of each country to use those shared waters.... 2008  
Frank Ettawageshik Panel Iii-the Boundary Waters Treaty and Protecting Freshwater Resources in North America 54 Wayne Law Review 1477 (Winter, 2008) Aanii. Hello. I wish to thank the sponsors of this event for the invitation to speak and to thank all those who have worked to organize and staff this event today. When preparing for a presentation like today's, I've been taught in our traditional councils and family gatherings to speak from the heart, to ask the creator for inspiration. What first... 2008  
Allen I. Olson Panel I-the Boundary Waters Treaty and Canada-u.s. Relations 54 Wayne Law Review 1461 (Winter, 2008) I appreciate the opportunity to participate in this Symposium. As a native North Dakotan who was born barely a stone's throw from the border with Manitoba, the notion of U.S.-Canada relations was deciding on which side of the border to hold our family reunions or whether to actually report to border authorities when visiting the other country. On a... 2008  
Irene B. Brooks Panel Iv-the Future of the Boundary Waters Treaty: Perspectives from Ngos and Business 54 Wayne Law Review 1491 (Winter, 2008) The International Joint Commission's (IJC) vision for the future of the Boundary Waters Treaty includes the increased participation of nongovernmental organizations, business, and other stakeholders. These remarks, which provide a preview of a report the IJC will release this March, focus on our International Watersheds Initiative, which features... 2008  
Max Stul Oppenheimer Patents, Taxes, and the Nuclear Option: Do We Need a "Tax Strategy Patent" Ban Treaty? 2008 University of Illinois Journal of Law, Technology and Policy Pol'y 1 (Spring 2008) Periodically, as industries discover that the patent statute applies to them, there are calls for industry-specific exemptions or special treatment. The tax planning industry is the latest to encounter the patent system, and has reacted according to the general pattern. The reaction is all the more understandable in this particular case, where tax... 2008  
Alexandra R. Harrington, Esq. Policing Against the State: United Nations Policing as Violative of Sovereignty 10 San Diego International Law Journal 155 (Fall 2008) I. Introduction. 156 II. Sovereignty Concepts. 158 III. Policing in U.N. Peacekeeping Missions. 159 A. What is U.N. Policing?. 159 B. U.N. Police Missions. 160 1. 1960s. 160 2. 1980s. 162 3. 1990s. 162 4. 2000-present. 172 IV. Problems with U.N. Policing. 179 A. Composition. 179 B. Function and Mission Fluctuation. 181 C. Training Issues. 182 D.... 2008  
David Kriewaldt Recent Treatment of the Challenges Clause in Cercla § 113(h) 3 Environmental & Energy Law & Policy Journal 169 (Summer 2008) Under section 113(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), federal district courts have exclusive original jurisdiction over all cases arising under the Act with two exceptions. First, the District of Columbia Circuit Court of Appeals has exclusive original jurisdiction to review promulgated... 2008  
Joanna Doerfel Regulating Unsettled Issues in Latin America under the Treaty Powers and the Foreign Commerce Clause 39 University of Miami Inter-American Law Review 331 (Winter, 2008) I. The Federal Government's Powers to Regulate Extraterritorially. 335 a. The Foreign Commerce Clause. 335 b. The Necessary and Proper Clause. 337 II. Treaties Regulating Sex Tourism. 339 a. U.N. Convention on the Rights of the Child. 339 b. Optional Protocol to the Convention on the Rights of the Child, on the sale of Children, Child Prostitution... 2008  
Aman Pradhan Rethinking the Eleventh Amendment: Sovereign Immunity in the United States and the European Union 11 NYU Journal of Legislation and Public Policy 215 (2007-2008) State sovereign immunity first appeared in the United States Constitution in 1795. As stated in the Eleventh Amendment, [t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any... 2008  
Scott M. Sullivan Rethinking Treaty Interpretation 86 Texas Law Review 777 (March, 2008) I. Introduction. 779 II. The Importance of the Deference Question. 780 A. The Proliferation of Treaties in the Domestic Sphere. 781 B. The U.S. War on Terror . 782 1. Hamdan v. Rumsfeld. 782 2. The Military Commissions Act. 786 III. The Current Doctrine Is Insufficient. 786 A. The Doctrine of Treaty Interpretation at the Founding: Little... 2008  
Micah T. Zomer Returning Sovereignty to the Osage Nation: a Legislative Remedy Allowing the Osage to Determine Their Own Membership and System of Government 32 American Indian Law Review 257 (2007-2008) Osage Indians were once described as the first Indian millionaires . . . . Like most tribes within the United States, they were subject to shifts in American federal policy, from removal to assimilation to the current policy of self-determination. Although the tribe was subject to the same Assimilation Era policies that resulted in widespread... 2008  
David Benavides, Ryan Golten Righting the Record: a Response to the Gao's 2004 Report Treaty of Guadalupe Hidalgo: Findings and Possible Options Regarding Longstanding Community Land Grant Claims in New Mexico 48 Natural Resources Journal 857 (Fall, 2008) In 2004, the U.S. General Accounting Office (GAO) issued a Report entitled Treaty of Guadalupe Hidalgo: Findings and Possible Options Regarding Longstanding Community Land Grant Claims in New Mexico (GAO Report), in which it analyzed whether the federal government violated any legal duties to community land grant heirs in New Mexico following the... 2008  
Rômulo Silveira da Rocha Sampaio Seeing the Forest for the Treaties: the Evolving Debates on Forest and Forestry Activities under the Clean Development Mechanism Ten Years after the Kyoto Protocol 31 Fordham International Law Journal 634 (February, 2008) The direct and formal relationship between unsustainable forestry practices and global climate change goes back at least to the late 1970s. Since the Declaration of the World Climate Conference in 1979, the international community has acknowledged that deforestation and changes in land use, such as agricultural and pastoral practices, are... 2008  
Curtis A. Bradley Self-execution and Treaty Duality 2008 Supreme Court Review 131 (2008) Pursuant to Article II of the Constitution, the President has the power to make treaties with the advice and consent of two-thirds of the Senate, and these treaties uncontroversially become binding on the United States as a matter of international law. The status of such treaties within the U.S. legal system is less clear. The Supremacy Clause... 2008  
Matthew A. Melone Should the United States Tax Sovereign Wealth Funds? 26 Boston University International Law Journal 143 (Fall 2008) I. Introduction. 144 II. Sovereign Wealth Funds: An Overview. 147 A. Fund Objectives. 151 B. Domestic Fiscal and Monetary Policy Implications. 154 C. International Monetary Implications. 157 D. Criticism of Sovereign Wealth Funds. 161 1. Opacity and Politicization of Investments. 162 2. Reform Proposals. 166 3. National Security Concerns. 169... 2008  
Anna A. Kornikova Solving the Problem of Tax-treaty Shopping Through the Use of Limitation on Benefits Provisions 8 Richmond Journal of Global Law and Business 249 (Winter 2008) In 2007, the United States signed double taxation conventions (DTCs) with Iceland and Bulgaria, as well as a protocol to the 1980 Canada-U.S. DTC. A common feature of these instruments is a comprehensive Limitation on Benefits (LOB) provision, which ensures that treaty benefits flow only to residents of the United States and the other treaty... 2008  
Katherine Florey Sovereign Immunity's Penumbras: Common Law, "Accident," and Policy in the Development of Sovereign Immunity Doctrine 43 Wake Forest Law Review 765 (Winter 2008) Even as the doctrine has been the subject of withering criticism by academics, sovereign immunity has come to play new and larger roles in American law. The most familiar of these developments is the Supreme Court's controversial holding that the Constitution prohibits suits against unconsenting states --a development that continues to reverberate... 2008  
Lucian C. Martinez, Jr. Sovereign Impunity: Does the Foreign Sovereign Immunities Act Bar Lawsuits Against the Holy See in Clerical Sexual Abuse Cases? 44 Texas International Law Journal 123 (Winter 2008) This paper examines the applicability of the Foreign Sovereign Immunities Act (FSIA) to the Holy See in the context of civil suits filed in the U.S. alleging sexual abuse by Catholic clergy and members of religious orders. The cases raise significant issues, not only because of the underlying nature of the claims, but perhaps more importantly... 2008  
Paul Rose Sovereigns as Shareholders 87 North Carolina Law Review 83 (December, 2008) This Article considers the increasing impact of equity investments made by sovereign wealth funds. Observers have increasingly viewed sovereign investments with a high degree of suspicion due to the potential for the investments to be used as political tools rather than traditional investment vehicles. While this risk is considerable, much of the... 2008  
Robert L. Tsai Sovereignty as Discourse 25 Constitutional Commentary 157 (Spring 2008) Studies of language and its relationship to democratic constitutionalism have yielded a number of insights, but major contributions have been harder to come by. This may be partially explained by the multiplicity of disciplines from which a theorist might draw to investigate this nexus. It might also be attributed to the varying degrees of... 2008  
Robert Joseph Renaud, Lael Daniel Weinberger Spheres of Sovereignty: Church Autonomy Doctrine and the Theological Heritage of the Separation of Church and State 35 Northern Kentucky Law Review 67 (2008) The phrase separation of church and state is not explicitly mentioned anywhere in the U.S. Constitution. However, the principle of church/state separation is implicitly embodied in its First Amendment by not allowing the federal government to establish a national church as well as by recognizing the people's freedom to worship according to the... 2008  
Gerard Lyons State Capitalism: the Rise of Sovereign Wealth Funds 14 Law & Business Review of the Americas 179 (Winter, 2008) Sovereign Wealth Funds (SWFs) have existed since 1953 and are here to stay. Their size and influence is set to grow. Already valued around $2.2 trillion, on current trends they could even reach $13.4 trillion in a decade. Here I provide a comprehensive and up to date analysis of SWFs, detailing the largest 22, what drives them and their likely... 2008  
Jennifer L. Fessler, Esq. State Sovereign Immunity and Intellectual Property: an Evaluation of the Trademark Remedy Clarification Act's Attempt to Subject States to Suit in Federal Court for Trademark Infringements under the Lanham Act 3 Southern New England Roundtable Symposium Law Journal 49 (2008) States and state institutions actively participate in the trademark system, and maintain all the benefits of that system while escaping the limitations. For example, state universities hold rights to a massive amount of trademarks, and as such they have all the rights of a trademark plaintiff but avoid the liability of a trademark defendant. This... 2008  
Nicholas Dernik State Sovereign Immunity: States Use the Federal Patent Law System as Both a Shield and a Sword 8 John Marshall Review of Intellectual Property Law 134 (Fall, 2008) In the 1998 action film, Armageddon, Billy Bob Thornton's character, NASA Executive Director Truman, charges Bruce Willis's character, Oil Driller Harry Stamper, with saving the world. Truman has recruited Stamper to save the planet from an impending collision with an asteroid. Truman takes Stamper to the drill rig that NASA's Design Engineer,... 2008  
C. Raj Kumar State Sovereignty and Regional Autonomy in India: Human Rights and Governance Perspectives 102 American Society of International Law Proceedings 118 (April 9-12, 2008) The assertion of state sovereignty and the equally powerful notion of achieving regional autonomy are subject to intense debates internationally and in many countries. The traditional notion of sovereignty provides a framework for countries to govern themselves and is based on the principle of noninterference of one country in another country's... 2008  
Audra Simpson Subjects of Sovereignty: Indigeneity, the Revenue Rule, and Juridics of Failed Consent 71-SUM Law and Contemporary Problems 191 (Summer 2008) This article is an anthropological examination of the way in which indigeneity and sovereignty have been conflated with savagery, lawlessness, and smuggling in recent history. The national problem of indigenous smuggling is reconstructed here as it was portrayed in the public eye, largely via the media, and then through conflict-of-laws cases... 2008  
Daniel R. Dinger Successive Interviews and Successful Prosecutions: the Interplay of the Sixth Amendment Right to Counsel and the Dual Sovereignty Doctrine in a Post-cobb World 40 Texas Tech Law Review 917 (Summer, 2008) An unavoidable reality of our nation's judicial system is that a decision by an appellate court often creates as many questions as the opinion purports to answer. On occasion the court intends, or at the very least recognizes, the unavoidability of that very result, but more often than not the facts of a later case differ from the first such that... 2008  
Edward T. Swaine Taking Care of Treaties 108 Columbia Law Review 331 (March, 2008) The United States's legal capacity to cure breaches of its international obligations appears deeply unsatisfactory. Adverse decisions by international tribunals are unlikely to have direct domestic effect, and treaties and domestic legislation rarely address domestic remedies for international breaches; the President's foreign affairs powers are... 2008  
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