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Georgetown Journal of International Law
Journal Prestige (SJR): 1.965

Citation Impact (citeScore): 1
Number of Followers: 14

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ISSN (Print) 1550-5200 - ISSN (Online) 0016-8092
Published by Georgetown University

[2 journals]

CUSTOMS CASES: DECISIONS UNDER 28 U.S.C. § 1581(a) AND 28 U.S.C.
§ 1582
- Abstract: I. INTRODUCTION The United States Court of Appeals for the Federal Circuit and the United States Court of International Trade examined several of aspects of substantive Customs law and litigation in the past year which implicated 28 U.S.C. § 158Ua),1 28 U.S.C. § 1582,2 and 19 U.S.C. § 1592.3 Many ... (Publication: Georgetown Journal of International Law)
  PubDate: Mon, 01 Oct 2007 00:00:00 -040
TRADE ADJUSTMENT ASSISTANCE CASES: 28 U.S.C. § 1581(d)-DEPARTMENT OF
LABOR AND DEPARTMENT OF AGRICULTURE DECISIONS UNDER THE TRADE ADJUSTMENT
ASSISTANCE STATUTES
- Abstract: I. INTRODUCTION Trade adjustment assistance ("TAA") statutes were created by Congress to assist workers suffering from the adverse effects of increased competition from imports or shifts in production to other countries. Eligible workers may receive benefits such as employment services, vocational ... (Publication: Georgetown Journal of International Law)
  PubDate: Mon, 01 Oct 2007 00:00:00 -040
THE EMERGENCE OF A TRADITION IN THE DISCOURSE ON THE COURT OF
INTERNATIONAL TRADE
- Abstract: The year 2006 witnessed the Georgetown Journal of International Law's publication of the first annual review of the decisions of the U.S. Court of International Trade.1 The publication of the annual review was, and is, an important step in the development of the Court's jurisprudence because it ... (Publication: Georgetown Journal of International Law)
  PubDate: Mon, 01 Oct 2007 00:00:00 -040
WTO WINNERS AND LOSERS: THE TRADE AND DEVELOPMENT DISCONNECT
- Abstract: "There must be something in the pie for everyone. Not pie in the sky when we die, but pie on the table."1 I. INTRODUCTION The World Trade Organization ("WTO" or the "Organization") is premised upon increasing prosperity by opening markets to greater trade flows.2 Although the goals of the ... (Publication: Georgetown Journal of International Law)
  PubDate: Mon, 01 Oct 2007 00:00:00 -040
AFTER CORUS STAAL-IS THERE ANY ROLE, AND SHOULD THERE BE-FOR WTO
JURISPRUDENCE IN THE REVIEW OF U.S. TRADE MEASURES BY U.S. COURTS?
- Abstract: I. INTRODUCTION After a series of decisions by the Court of International Trade ("CIT") and the Court of appeals for the Federal Circuit ("CAFC") in 2004 suggesting that the Charming Betsy doctrine gives the jurisprudence of the World Trade Organization ("WTO") a meaningful role in U.S. judicial ... (Publication: Georgetown Journal of International Law)
  PubDate: Mon, 01 Oct 2007 00:00:00 -040
CHINA IPR ENFORCEMENT: HARD AS STEEL OR SOFT AS TOFU? BRINGING THE
QUESTION TO THE WTO UNDER TRIPS
- Abstract: I. INTRODUCTION The protection of intellectual property rights (IPR) is one of the main issues on the international trade agenda, particularly with respect to China. Currently, China is under severe scrutiny for the implementation and enforcement of IPR laws and regulations in compliance with its ... (Publication: Georgetown Journal of International Law)
  PubDate: Mon, 01 Oct 2007 00:00:00 -040
19 U.S.C. 1581(c)-JUDICIAL REVIEW OF ANTIDUMPING & COUNTERVAILING DUTY
DETERMINATIONS ISSUED BY THE DEPARTMENT OF COMMERCE
- Abstract: I. INTRODUCTION While the U.S. Court of International Trade ("CIT") decided many notable cases on novel legal issues in 2006, it also clarified the law on several traditional trade remedy issues regarding the administration of antidumping and countervailing duty laws by the U.S. Department of ... (Publication: Georgetown Journal of International Law)
  PubDate: Mon, 01 Oct 2007 00:00:00 -040
DEVELOPMENTS DURING 2006 CONCERNING 28 U.S.C. § 1581(i)
- Abstract: I. INTRODUCTION Two thousand and six was an active year for the Court of International Trade ("CIT") and the Court of Appeals for the Federal Circuit ("Federal Circuit") with regard to the CITs jurisdiction pursuant to 28 U.S.C. § 1581 (i). The year gave rise to several interesting holdings ... (Publication: Georgetown Journal of International Law)
  PubDate: Mon, 01 Oct 2007 00:00:00 -040
JUDICIAL REVIEW OF THE INTERNATIONAL TRADE COMMISSION'S DETERMINATIONS IN
ANTIDUMPING AND COUNTERVAILING DUTY PROCEEDINGS: AN OVERVIEW OF DECISIONS
IN 2006
- Abstract: I. INTRODUCTION In 2006, the U.S. Court of International Trade ("CIT") and the U.S. Court of Appeals for the Federal Circuit ("Federal Circuit" or "CAFC") issued approximately 15 published decisions reviewing the U.S. International Trade Commission's ("Commission" or "ITC") determinations related ... (Publication: Georgetown Journal of International Law)
  PubDate: Mon, 01 Oct 2007 00:00:00 -040
ON POWER, PARTICIPATION AND AUTHORITY: THE INTERNATIONAL CRIMINAL COURT'S
INITIAL APPELLATE JURISPRUDENCE
- Abstract: INTRODUCTION In the short period since the Rome Treaty went into force and brought the International Criminal Court (hereinafter "ICC") to life, the Court's most visible organs have been the subject of considerable attention in the press and the scholarly literature. The Court's myriad ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Jul 2007 00:00:00 -040
E-MAIL SERVICE ON FOREIGN DEFENDANTS: TIME FOR AN INTERNATIONAL
APPROACH?
- Abstract: This article aims to provoke consideration of the legitimacy of e-mail service of process in the context of international litigation, and more specifically, e-mail service of process in the relatively narrow context of service on an evasive defendant located abroad. It surveys recent case law in ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Jul 2007 00:00:00 -040
OUTWARD BOUND: CONSIDERING THE BUSINESS AND LEGAL IMPLICATIONS OF
INTERNATIONAL OUTSOURCING
- Abstract: I. INTRODUCTION The international or "offshore" outsourcing of business processes and technology services allows a company to cut costs, take advantage of improved technology, and concentrate its resources on its core competencies. The mere mention of "offshore outsourcing," however, can elicit a ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Apr 2007 00:00:00 -040
"O, PRIVACY" CANADA'S IMPORTANCE IN THE DEVELOPMENT OF THE INTERNATIONAL
DATA PRIVACY REGIME
- Abstract: INTRODUCTION As e-commerce and international outsourcing rapidly expands, die governments of the leading Western industrial nations are making every effort to balance protection of their citizens' personal information with governmental interests in national security and promotion of commercial ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Apr 2007 00:00:00 -040
FLATTENING THE WORLD OF LEGAL SERVICES? THE ETHICAL AND LIABILITY
MINEFIELDS OF OFFSHORING LEGAL AND LAW-RELATED SERVICES
- Abstract: This article examines offshore outsourcing of legal and law-related services as the newest twist in the international market for legal services. We consider the impact of offshore outsourcing on the profession generally and analyze the ethical issues raised by offshore outsourcing both as it exists ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Apr 2007 00:00:00 -040
GLOBAL SOLUTION FOR CROSS-BORDER DATA TRANSFERS: MAKING THE CASE FOR
CORPORATE PRIVACY RULES*
- Abstract: I. INTRODUCTION Technology has radically changed the manner in which information flows around die world. Global transfers of information are now a common and essential component of our daily lives. Sharing information allows businesses to provide consumers with enhanced services such as 24-hour ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Apr 2007 00:00:00 -040
COMMERCIALIZATION IN DEFENSE SOURCING AND OTHER RESPONSES TO POST-COLD WAR
DEFENSE INDUSTRY TRANSFORMATION
- Abstract: INTRODUCTION The global defense industry, centuries in the making, has undergone a fundamental transformation in the last 15 years. This transformation is characterized by two key phenomena: First, there has been an unprecedented consolidation1 in the defense industry itself precipitated by die ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Apr 2007 00:00:00 -040
INCREMENTALISM: ERODING THE IMPEDIMENTS TO A GLOBAL PUBLIC PROCUREMENT
MARKET
- Abstract: ABSTRACT Following decades of international negotiations and agreements, the world's multi-trillion-dollar public procurement market appears to be maturing into a free, open international market. To reach that point, nations must lower a broad array of barriers to trade in procurement. As the U.S. ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Apr 2007 00:00:00 -040
SUPPLY-SIDE / MANUFACTURING OUTSOURCING-STRATEGIES AND NEGOTIATIONS
- Abstract: "As for the Future, your task is not to foresee it, but to enable it. " - Antoine de Saint-Exupéry1 Supply-side, or manufacturing, outsourcing has increased dramatically over die past two decades, evolving from a cost saving solution for labor intensive, generic manufacturing parts to a solution ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Apr 2007 00:00:00 -040
THE IMPACT OF GLOBALIZATION ON STRUCTURING, IMPLEMENTING, AND ADVISING ON
SOURCING ARRANGEMENTS
- Abstract: I. INTRODUCTION Globalization may have its discontents, but it is rapidly reordering the sourcing landscape.1 Over the last decade, globalization and its economic and social impacts have been widely reported on, analyzed, dieorized about, and politicized, particularly with respect to employment and ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Apr 2007 00:00:00 -040
INTELLECTUAL PROPERTY IN GLOBAL SOURCING: THE ART OF THE TRANSFER
- Abstract: I. INTRODUCTION As globalization continues its explosive growth, companies from across industry sectors continue to adopt a globalized strategy of sourcing products, services, and domain expertise from lower-cost countries such as India and China.1 Sourcing now expands well beyond traditional ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Apr 2007 00:00:00 -040
FOREWORD
- Abstract: To educate and inform the Global Lawyers of today and tomorrow, this issue focuses on the twin concepts of "Global Sourcing and the Global Lawyer." That phrase served as the title for the Georgetown Journal of International Law Symposium on January 24-25, 2007, and the Journal continuously asked ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Apr 2007 00:00:00 -040
GOVERNMENT REGULATED DATA PRIVACY: THE CHALLENGE FOR GLOBAL OUTSOURCERS
- Abstract: I. INTRODUCTION The globalization revolution is undeniably well underway. Some of the primary leaders of the revolution are the off-shoring outsourcers of the world in search of readily available talent at prices below what is available in the traditional geographical outsourcing centers. ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Apr 2007 00:00:00 -040
REHABILITATION OR REVENGE: PROSECUTING CHILD SOLDIERS FOR HUMAN RIGHTS
VIOLATIONS
- Abstract: INTRODUCTION International law provides no explicit guidelines for whether or at what age child soldiers should be prosecuted for grave violations of international humanitarian and human rights law such as genocide, war crimes, and crimes against humanity. Due to increasing numbers of children ... (Publication: Georgetown Journal of International Law)
  PubDate: Mon, 01 Jan 2007 00:00:00 -050
PURSUING ACCOUNTABILITY FOR ATROCITIES AFTER CONFLICT: WHAT IMPACT ON
BUILDING THE RULE OF LAW?
- Abstract: INTRODUCTION In countries ravaged by widespread violence, the trauma does not end when the guns fall silent. On the contrary, atrocities have cast a long shadow in places such as the Balkans, where brutal massacres, mass rapes, and ethnic cleansing were regular features of war; in Rwanda, where a ... (Publication: Georgetown Journal of International Law)
  PubDate: Mon, 01 Jan 2007 00:00:00 -050
BALANCING ACCOUNTABILITY AND VICTIM AUTONOMY AT THE INTERNATIONAL CRIMINAL
COURT
- Abstract: ABSTRACT The birth of the International Criminal Court promised a new era of accountability for perpetrators of grave crimes. At the same time, the Rome Statute establishing the Court reflected an unprecedented expansion of victims' rights, ensuring victims an active role and meaningful voice in ... (Publication: Georgetown Journal of International Law)
  PubDate: Mon, 01 Jan 2007 00:00:00 -050
A SPECIAL YEAR IN THE LIFE OF THE UNITED STATES COURT OF INTERNATIONAL
TRADE
- Abstract: The year 2005 was a momentous time for the United States Court of International Trade. The Court convened its 25th Anniversary Special Session on November 1, 2005. Although the Honorable Peter W. Rodino, Jr. of New Jersey, a principal sponsor of the legislation establishing the Court, had just ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Oct 2006 00:00:00 -040
TRADE ADJUSTMENT ASSISTANCE CASES-2005 DEVELOPMENTS
- Abstract: I. INTRODUCTION While the Trade Adjustment Assistance ("TAA") program has been in place since 1962, the statute has been amended in various ways,1 each time reflecting Congress's concern that the program effectively protect U.S. workers from employment dislocation caused by changes in trade ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Oct 2006 00:00:00 -040
CASES UNDER 28 U.S.C. § 1581(i)*
- Abstract: I. INTRODUCTION The year 2005 was an active year for appeals under the Court of International Trade's ("CIT") section 1581(i) residual jurisdiction. In a series of decisions, the Court continued to clarify the criteria for invoking this residual jurisdictional provision. Moreover, two of the most ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Oct 2006 00:00:00 -040
JUDICIAL REVIEW OF THE INTERNATIONAL TRADE COMMISSION'S INJURY
DETERMINATIONS IN ANTIDUMPING AND COUNTERVAILING DUTY PROCEEDINGS: AN
OVERVIEW AND ANALYSIS OF FEDERAL COURT DECISIONS IN 2005*
- Abstract: The views in this paper are those of the authors. This paper is not a document of the U.S. International Trade Commission and is not intended to represent the official views or methods of the Commission or any individual Commissioner. I. INTRODUCTION During 2005, the U.S. Court of International ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Oct 2006 00:00:00 -040
RELATIONSHIP OF WTO OBLIGATIONS TO U.S. INTERNATIONAL TRADE LAW:
INTERNATIONALIST VISION MEETS DOMESTIC REALITY
- Abstract: 1. INTRODUCTION This Article examines recent developments in the relationship between World Trade Organization (WTO) obligations and U.S. international trade law.1 Even before the United States approved the WTO agreements, the effect of international trade agreements had already emerged as an issue ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Oct 2006 00:00:00 -040
UNITED STATES COURT OF INTERNATIONAL TRADE 25TH ANNIVERSARY CELEBRATION
SPECIAL SESSION OF THE COURT NOVEMBER 1, 2005
- Abstract: Ed. Note: The following remarks were delivered by Leo M. Gordon, then-Clerk of the Court of International Trade, at the USCIT's 25th Anniversary on November 1, 2005, in New York. May it please the Court. Chief Judge Restani, members of the Court, Senator DeConcini, Chief Judge Emeritus Re, ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Oct 2006 00:00:00 -040
JUDICIAL REVIEW BY THE U.S. COURT OF INTERNATIONAL TRADE AND THE U.S.
COURT OF APPEALS FOR THE FEDERAL CIRCUIT UNDER 19 U.S.C. § 1581(c) OF
ANTIDUMPING AND COUNTERVAILING DUTY DETERMINATIONS ISSUED BY THE
DEPARTMENT OF COMMERCE*
- Abstract: I. INTRODUCTION During 2005, the U.S. Court of International Trade ("CIT") and the U.S. Court of Appeals for the Federal Circuit ("CAFC") decided seventy cases-sixty-one and nine cases, respectively-involving the review of antidumping duty ("AD") determinations and administrative review results ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Oct 2006 00:00:00 -040
RELIANCE ON DECISIONS OF THE U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT
IN TRADE AND CUSTOMS LITIGATION*
- Abstract: I. INTRODUCTION The U.S. Court of Appeals for the Federal Circuit ("CAFC") has exclusive jurisdiction over appeals from the U.S. Court of International Trade ("CIT and thus plays a central role in the development of trade and customs law. Yet appeals from the CIT account for a small percentage of ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Oct 2006 00:00:00 -040
A REVIEW OF CASES DECIDED UNDER 28 U.S.C. § 1582
- Abstract: I. INTRODUCTION During 2005, both the U.S. Court of International Trade ("CIT") and the U.S. Court of Appeals for the Federal Circuit ("CAFC") had occasion to consider issues arising under the CIT's exclusive jurisdiction over customs duties recovery by the United States under authority provided in ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Oct 2006 00:00:00 -040
CASES UNDER 28 U.S.C. § 1581(a)*
- Abstract: I. INTRODUCTION In the calendar year of 2005, the United States Court of International Trade ("CIT") rendered twenty-eight substantive decisions invoking the court's jurisdiction under 28 U.S.C. § 1581 (a), which gives the CIT exclusive subject matter jurisdiction over all civil actions contesting ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Oct 2006 00:00:00 -040
REFUGEE SECURITY AND THE ORGANIZATIONAL LOGIC OF LEGAL MANDATES
- Abstract: While the refugee protection system is one of international law's most recognizable features, it routinely places massive numbers of refugees in camps in the developing world, where they face chronic threats to their physical security from crime and disorder, physical coercion, and military ... (Publication: Georgetown Journal of International Law)
  PubDate: Sat, 01 Jul 2006 00:00:00 -040
UNINTENDED CONSEQUENCES: REFUGEE VICTIMS OF THE WAR ON TERROR
- Abstract: The following report is a product of a fact-finding mission to Ecuador taken by a group of Georgetown University Law Center students in March 2006. The students examined the effects of a change in U.S. law on the resettlement of Colombian refugees from Ecuador to third countries. Upon their return, ... (Publication: Georgetown Journal of International Law)
  PubDate: Sat, 01 Jul 2006 00:00:00 -040
BRIDGING A GAP IN HUMAN RIGHTS LAW: PRISONER OF WAR ABUSE AS "WAR TORT"
- Abstract: I. INTRODUCTION The exposure of detainee abuse at the Abu Ghraib prison facility in Iraq put into sharp relief the moral hazards of a war on terrorism. The question was thus posed: when a state is faced with its own vulnerability in the aftermath of an attack, how will the rule of law survive? ... (Publication: Georgetown Journal of International Law)
  PubDate: Sat, 01 Jul 2006 00:00:00 -040
JURISDICTION OF THE EUROPEAN COURT OF HUMAN RIGHTS: EXORBITANCE IN
REVERSE?
- Abstract: CAN, AND SHOULD, AN IRAQI VICTIM OF HUMAN RIGHTS ABUSES INFLICTED BY U.K. TROOPS HAVE A REMEDY IN U.K. COURTS UNDER THE EUROPEAN CONVENTION OF HUMAN RIGHTS? ISSUE: To what extent is the European Convention for the Protection of Human Rights and Fundamental Freedoms applicable to acts of a signatory ... (Publication: Georgetown Journal of International Law)
  PubDate: Sat, 01 Apr 2006 00:00:00 -050
JUDICIAL INDEPENDENCE THREATENED IN VENEZUELA: THE REMOVAL OF VENEZUELAN
JUDGES AND THE COMPLICATIONS OF RULE OF LAW REFORM
- Abstract: I. INTRODUCTION "The court simply committed suicide to avoid being assassinated. But the result is the same. It is dead." -Cecilia Sosa Gómel, Former President of the Supreme Court of Venezuela Venezuela is currently embroiled in a struggle to combat judicial corruption in an era of political and ... (Publication: Georgetown Journal of International Law)
  PubDate: Sat, 01 Apr 2006 00:00:00 -050
TOWARD AN ACCOUNTABILITY-BASED DEFINITION OF "MERCENARY"
- Abstract: I. INTRODUCTION Mercenary violence is an increasingly serious threat to international security.1 From a legal perspective, the development of this threat is problematic because the international treaties that regulate "mercenaries" operate on a flawed definition of the concept. Even the most recent ... (Publication: Georgetown Journal of International Law)
  PubDate: Sat, 01 Apr 2006 00:00:00 -050
INTERNATIONAL LAW AND CONFLICT RESOLUTION IN COLOMBIA: BALANCING PEACE AND
JUSTICE IN THE PARAMILITARY DEMOBILIZATION PROCESS
- Abstract: I. INTRODUCTION The internal armed conflict in Colombia has raged for over 40 years. The direct human toll has been staggering. From 1997 to 2002 alone, approximately 28,000 people were killed as a result of the conflict, 17,776 of which consisted of non-combat homicides predominantly against ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Jan 2006 00:00:00 -050
THE SEARCH FOR THE RULE OF LAW IN RUSSIA*
- Abstract: ABSTRACT There exists broad consensus in political science that the rule of law is as essential to a consolidated modern democracy as electoral politics or a robust civil society. Paradoxically, however, the rule of law as an institution has not been subjected to nearly the same rigorous study as ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Jan 2006 00:00:00 -050
FROM BAMIYAN TO BAGHDAD: WARFARE AND THE PRESERVATION OF CULTURAL HERITAGE
AT THE BEGINNING OF THE 21ST CENTURY
- Abstract: In just over two years, the world witnessed two crises that led to the destruction of cultural monuments, sites, and objects that are universally recognized as embodiments of the world's cultural heritage. In March 2001, the Taliban, who at that time were the rulers of Afghanistan, set about the ... (Publication: Georgetown Journal of International Law)
  PubDate: Sun, 01 Jan 2006 00:00:00 -050
AWARDING DAMAGES UNDER THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL
SALE OF GOODS: A MATTER OF INTERPRETATION
- Abstract: I. INTRODUCTION One of the great aspirations of international law is for all countries to adopt a uniform set of rules governing trade so that commercial transactions can proceed with the greatest efficiency.1 To this end the United Nations promulgated the Convention on the International Sale of ... (Publication: Georgetown Journal of International Law)
  PubDate: Sat, 01 Oct 2005 00:00:00 -040
IN PRAISE OF MIDDLEMEN: THE REGULATION OF MARKET INTERMEDIARIES IN
DEVELOPING ECONOMIES[dagger]
- Abstract: Agriculture was civilization's first great achievement, and agricultural development remains a measure of economic progress around the world. Even in the United States, which is thought of as one of the most industrialized economies in the world, agriculture is one of our most important export ... (Publication: Georgetown Journal of International Law)
  PubDate: Sat, 01 Oct 2005 00:00:00 -040
THE GLOBALIZATION OF BIOETHICS: THE TASK OF INTERNATIONAL COMMISSIONS
- Abstract: Supranational bioethics commissions today play a decisive role, not only in the discussions and debates over the different challenges bioethics continually pose, but also in the elaboration of documents and declarations of international and global impact. These commissions have borne fruit, for ... (Publication: Georgetown Journal of International Law)
  PubDate: Sat, 01 Oct 2005 00:00:00 -040
INCHOATE TERRORISM: LIBERALISM CLASHES WITH FUNDAMENTALISM
- Abstract: Ali al-Timimi was convicted in June 2005 of crimes that essentially amounted to inducing others to conspire to aid the Taliban.1 He was a lecturer at an Islamic Center in Falls Church, Virginia, teaching about Islam, its history and culture. The specifics by which he induced others to engage in ... (Publication: Georgetown Journal of International Law)
  PubDate: Sat, 01 Oct 2005 00:00:00 -040
THE TREATMENT AND INTERROGATION OF PRISONERS OF WAR AND DETAINEES[dagger]
- Abstract: I. THE TREATMENT AND INTERROGATION OF PRISONERS OF WAR AND DETAINEES: CURRENT ISSUES[dagger] The treatment and interrogation of Prisoners of War (POW) and detainees remains one of the most topical and controversial matters confronting the United States government. In this Article, I will discuss ... (Publication: Georgetown Journal of International Law)
  PubDate: Sat, 01 Oct 2005 00:00:00 -040
PROSECUTING CULTURAL PROPERTY CRIMES IN IRAQ
- Abstract: INTRODUCTION On December 10, 2003, the Statute for the Iraqi Special Tribunal (IST) was signed into law, establishing a court that in the coming months and years will try former Iraqi President Saddam Hussein and his top lieutenants for crimes committed by the Baath Party regime between July 17, ... (Publication: Georgetown Journal of International Law)
  PubDate: Sat, 01 Oct 2005 00:00:00 -040
THE SYSTEMATIC USE OF RAPE AS A TOOL OF WAR IN DARFUR: A BLUEPRINT FOR
INTERNATIONAL WAR CRIMES PROSECUTIONS
- Abstract: "They grabbed my donkey and my straw and said, 'Black girl, you are too dark. You are like a dog. We want to make a light baby. . . . They said, 'You get out of this area and leave the child when it's made -Sawela Suliman, a 22-year-old rape victim from West Darfur1 The conflict in the Darfur ... (Publication: Georgetown Journal of International Law)
  PubDate: Sat, 01 Oct 2005 00:00:00 -040
BUREAUCRATIC INTERNALIZATION: DOMESTIC GOVERNMENTAL AGENCIES AND THE
LEGITIMIZATION OF INTERNATIONAL LAW
- Abstract: I. INTRODUCTION Recent years have witnessed a growth in both the scope and content of international laws. Largely as a result, international law has become one of the broadest mechanisms for regulating human behavior. Democratic theory, however, seems to have lagged behind this development. ... (Publication: Georgetown Journal of International Law)
  PubDate: Fri, 01 Jul 2005 00:00:00 -040
LESSONS FROM SARS: WHY THE WHO MUST PROVIDE GREATER ECONOMIC INCENTIVES
FOR COUNTRIES TO COMPLY WITH INTERNATIONAL HEALTH REGULATIONS
- Abstract: I. INTRODUCTION In 1969 the United States Surgeon General announced that humans had effectively won the battle against infectious diseases.1 As a result, health care professionals around the globe turned their focus from infectious diseases to chronic illnesses.2 This "premature triumphalism"3 ... (Publication: Georgetown Journal of International Law)
  PubDate: Fri, 01 Jul 2005 00:00:00 -040
STOP TO THE HAGUE: INTERNAL VERSUS EXTERNAL FACTORS SUPPRESSING THE
ADVANCEMENT OF THE RULE OF LAW IN SERBIA
- Abstract: I. INTRODUCTION Indicted war criminals led at least three of the political parties vying for support in Serbia's parliamentary elections in December 2003, the first held since the downfall of former leader Slobodan Milosevic. While Milosevic's own Socialist Party (SPS) received seven percent of the ... (Publication: Georgetown Journal of International Law)
  PubDate: Fri, 01 Jul 2005 00:00:00 -040
THE ICC PROSECUTOR'S BATTLEFIELD: COMBATING ATROCITIES WHILE FIGHTING FOR
STATES' COOPERATION: LESSONS FROM THE U.N. TRIBUNALS APPLIED TO THE CASE
OF UGANDA
- Abstract: I. BARLONYA, UGANDA, FEBRUARY 21, 2004 About 4,000 people were living in the Barlonya refugee camp when the massacre took place. Surrounded by rebel forces from the Lord's Resistance Army (LRA), civilians ran to their grass huts for protection only to be burned alive. Survivors recount running from ... (Publication: Georgetown Journal of International Law)
  PubDate: Fri, 01 Jul 2005 00:00:00 -040
THE RELIGION-STATE RELATIONSHIP AND THE RIGHT TO FREEDOM OF RELIGION OR
BELIEF: A COMPARATIVE TEXTUAL ANALYSIS OF THE CONSTITUTIONS OF
PREDOMINANTLY MUSLIM COUNTRIES
- Abstract: RELIGION-STATE RELATIONSHIP IN MUSLIM COUNTRIES B. Must be fully eligible and has completed forty years of age. C.Must be of good reputation and political experience, and known for his integrity, righteousness, fairness and loyalty to the homeland. D. Must not have been convicted of a crime ... (Publication: Georgetown Journal of International Law)
  PubDate: Fri, 01 Jul 2005 00:00:00 -040
FAIR TRIALS AT INTERNATIONAL CRIMINAL TRIBUNALS: EXAMINING THE PARAMETERS
OF THE INTERNATIONAL RIGHT TO COUNSEL
- Abstract: I. INTRODUCTION Crimes against humanity, war crimes, and genocide are international crimes.1 Rape, torture, mass extermination, mutilation, abduction, and persecution are just some of the elements of the atrocity crimes recognized by the international community.2 With the exception of the ... (Publication: Georgetown Journal of International Law)
  PubDate: Fri, 01 Jul 2005 00:00:00 -040
A CASE STUDY OF LEGAL TRANSPLANT: THE POSSIBILITY OF EFFICIENT BREACH IN
CHINA
- Abstract: INTRODUCTION Thanks to Dean Zhu SuIi of Beijing University Law School, the works of Richard A. Posner were translated into Chinese in the new millennium, making law and economics a popular topic among graduate students in this top Chinese law school.1 During an interview in 2003, a young judge from ... (Publication: Georgetown Journal of International Law)
  PubDate: Fri, 01 Jul 2005 00:00:00 -040
BLUEPRINT FOR LEGAL REFORMS AT THE UNITED NATIONS AND THE INTERNATIONAL
CRIMINAL COURT
- Abstract: The United Nations system has attracted many proposals for reform and renewal in the context of emerging threats to international peace and security and much criticism for its performance, or lack thereof, in such arenas in recent years.1 The most significant set of proposals arrived in December ... (Publication: Georgetown Journal of International Law)
  PubDate: Fri, 01 Apr 2005 00:00:00 -050
PROTECTING RIGHTS IN THE AGE OF TERRORISM: CHALLENGES AND OPPORTUNITIES
- Abstract: I. THE BEST OF TIMES, THE WORST OF TIMES Depending on whom you speak to these days (and the mood in which you find them), international law is either practically moribund, or it's more vibrant and important than it has been for years. To take the good news story first, international law issues have ... (Publication: Georgetown Journal of International Law)
  PubDate: Fri, 01 Apr 2005 00:00:00 -050
HUMAN RIGHTS AND RULE OF LAW: WHAT'S THE RELATIONSHIP?
- Abstract: Rule of law in some form may be traced back to Aristotle and has been championed by Roman jurists; medieval natural law thinkers; Enlightenment philosophers such as Hobbes, Locke, Rousseau, Montesquieu and the American founders; German philosophers Kant, Hegel and the nineteenth century advocates ... (Publication: Georgetown Journal of International Law)
  PubDate: Fri, 01 Apr 2005 00:00:00 -050
INTRODUCTION: GLOBAL CHALLENGES AND THE ROLE OF INTERNATIONAL LAW
- Abstract: It is hard to imagine a more important or timely topic than the one chosen by the Georgetown Journal of International Law for this symposium: "The United States and International Law: Confronting Global Challenges." Whether one focuses on critical national security issues, international trade, ... (Publication: Georgetown Journal of International Law)
  PubDate: Fri, 01 Apr 2005 00:00:00 -050
DEDICATION OF THE ERIC E. HOTUNG INTERNATIONAL LAW CENTER BUILDING:
KEYNOTE ADDRESS
- Abstract: This is a very happy occasion indeed. And I'm glad that as a neighbor I was invited to come over and share this day with you. Georgetown University Law Center is our nation's largest law school. It is consolidating its broad international law programs under one roof in the new Eric E. Hotung ... (Publication: Georgetown Journal of International Law)
  PubDate: Fri, 01 Apr 2005 00:00:00 -050
TANGLED UP IN KHAKI AND BLUE: LETHAL AND NON-LETHAL WEAPONS IN RECENT
CONFRONTATIONS
- Abstract: "I helped her out of a jam, I guess, but I used a little loo much force." Bob Dylan, "Tangled Up in Blue" 1974 I. INTRODUCTION The governmental mechanisms that exercise a state's physical coercive power-various cadres of military and law enforcement agencies-often face a difficult dilemma. In ... (Publication: Georgetown Journal of International Law)
  PubDate: Fri, 01 Apr 2005 00:00:00 -050
INTERNATIONAL LAW AND THE USE OF FORCE
- Abstract: While the United States has given a lot of thought to the use of force since September 11, 2001, our view of the fundamental principles regarding when force may be used and the manner in which it may be used have not changed. As in the past, so today the United States is prepared to deploy its ... (Publication: Georgetown Journal of International Law)
  PubDate: Fri, 01 Apr 2005 00:00:00 -050
THE ROLE OF INTERNATIONAL LAW IN TRADE
- Abstract: International trade law is essentially part of international law. There is no way to disentangle the subjects. There is, by definition, a very, very deep reliance on international law for trade matters. Indeed, economies throughout the world, including the U.S. economy, are becoming more and more ... (Publication: Georgetown Journal of International Law)
  PubDate: Fri, 01 Apr 2005 00:00:00 -050
ERRATA
- Abstract: The opening quote in Scan Hagan's article "Designing a Legal Framework to Restructure Sovereign Debt," 36 GeO. J. INT'L L. 299, 300 (2005), should read as follows: When it becomes necessary for a state to declare itself bankrupt, in the same manner as when it becomes necessary for an individual to ... (Publication: Georgetown Journal of International Law)
  PubDate: Fri, 01 Apr 2005 00:00:00 -050
THE OCCUPATION OF IRAQ
- Abstract: I. INTRODUCTION One of the central justifications for the 2003 war in Iraq was the need for regime change.1 The United States claimed that an Iraq freed of Ba'ath Party rule, and following democratic and free market principles, would reap benefits for its people, the region, and the rest of the ... (Publication: Georgetown Journal of International Law)
  PubDate: Sat, 01 Jan 2005 00:00:00 -050
DESIGNING A LEGAL FRAMEWORK TO RESTRUCTURE SOVEREIGN DEBT
- Abstract: When it becomes necessary for a state to declare itself bankrupt, in the same manner as when it becomes necessary for an individual to do so, a fair, open, and avowed bankruptcy is always the measure which is both least dishonorable to the debtor and least hurtful to the debtor. Adam Smith, Wealth ... (Publication: Georgetown Journal of International Law)
  PubDate: Sat, 01 Jan 2005 00:00:00 -050
THE GREAT WRIT OF INCOHERENCE: AN ANALYSIS OF THE SUPREME COURT'S RULINGS
ON "ENEMY COMBATANTS"
- Abstract: I. INTRODUCTION On June 28, 2004, the United States Supreme Court released its much awaited decisions in the cases posing a challenge to the Executive's self-professed authority to detain and indefinitely hold individuals designated as "enemy combatants."1 The cases arose from the "war on ... (Publication: Georgetown Journal of International Law)
  PubDate: Sat, 01 Jan 2005 00:00:00 -050
INTERNATIONAL LEGAL COMPLIANCE: SURVEYING THE FIELD
- Abstract: INTRODUCTION Does international law matter, or is it but a "fairy ship upon a fairy sea: a beautiful construct of the legal imagination floating upon a sea of false assumptions"?1 International legal compliance (ILC),2 the newest and most rapidly developing subfield in international law, was born ... (Publication: Georgetown Journal of International Law)
  PubDate: Sat, 01 Jan 2005 00:00:00 -050
THE NEW UNIVERSAL JURISDICTION: IN ABSENTIA SIGNALING OVER CLEARLY DEFINED
CRIMES
- Abstract: I. INTRODUCTION This Article explores the controversial international legal principle of universal jurisdiction-i.e., the principle that criminal jurisdiction by all states arises solely from the nature of the crime committed. The Article deals with two main issues confronting the modern doctrine ... (Publication: Georgetown Journal of International Law)
  PubDate: Sat, 01 Jan 2005 00:00:00 -050
PROMOTING INTERNATIONAL BUSINESS DEVELOPMENT WHILE PROTECTING DOMESTIC
MARKETS: AN ANALYSIS OF THE NEW SHIPPER REVIEW POLICY OF THE UNITED STATES
- Abstract: I. ABSTRACT The World Trade Organization (WTO) encourages the reduction or elimination of barriers to trade in order to facilitate fairness and equal access to markets for all member States. Recognizing that some exporters take advantage of open markets by flooding them with below-marketvalue goods ... (Publication: Georgetown Journal of International Law)
  PubDate: Sat, 01 Jan 2005 00:00:00 -050
PRIVATE COMPLAINANTS AND INTERNATIONAL ORGANIZATIONS: A COMPARATIVE STUDY
OF THE INDEPENDENT INSPECTION MECHANISMS IN INTERNATIONAL FINANCIAL
INSTITUTIONS
- Abstract: I. INTRODUCTION It is a general principle that those with power must be accountable for the way in which they exercise it.1 The form of the accountability can vary, depending on the circumstances. The holders of power can be held accountable through legal, political, administrative or financial ... (Publication: Georgetown Journal of International Law)
  PubDate: Sat, 01 Jan 2005 00:00:00 -050
THE RIGHTS OF MIGRANT WORKERS ONE YEAR ON: TRANSFORMATION OR
CONSOLIDATION?
- Abstract: I. INTRODUCTION An estimated 175 million people, nearly three percent of the world's population, are international migrants.1 This figure includes refugees, displaced persons, stateless persons, and migrant workers. Migrant workers themselves are considered to comprise between 70 and 80 million of ... (Publication: Georgetown Journal of International Law)
  PubDate: Fri, 01 Oct 2004 00:00:00 -040
THINKING BEYOND THE DOMESTIC-INTERNATIONAL DIVIDE: TOWARD A UNIFIED
CONCEPT OF PUBLIC LAW
- Abstract: For many years, legal scholars and political scientists have studied domestic public law and international public law as separate subjects, treating them as if they were intrinsically different phenomena.1 This approach is highly institutionalized in the legal and political science academies.2 In ... (Publication: Georgetown Journal of International Law)
  PubDate: Fri, 01 Oct 2004 00:00:00 -040
ARTICLE 36 OF THE VIENNA CONVENTION ON CONSULAR RELATIONS: THE
INTERNATIONAL COURT OF JUSTICE IN MEXICO V. UNITED STATES (AVENA) SPEAKS
EMPHATICALLY TO THE SUPREME COURT OF THE UNITED STATES ABOUT THE
FUNDAMENTAL NATURE OF THE RIGHT TO CONSUL
- Abstract: I. INTRODUCTION On November 17, 2003, the Supreme Court of the United States denied certiorari in the Tenth Circuit case of Torres v. Mullin, thereby rejecting an opportunity to review the scope of Article 36 of the Vienna Convention on Consular Relations, an international treaty providing foreign ... (Publication: Georgetown Journal of International Law)
  PubDate: Fri, 01 Oct 2004 00:00:00 -040
RECOVERING LOST PROFITS IN INTERNATIONAL DISPUTES
- Abstract: I. INTRODUCTION Under the laws of many countries, the purpose of damages for breach of contract is to place the injured party in the position it would have enjoyed had the contract been performed.1 That is, the injured party should receive the "benefit of the bargain." In theory, the injured party ... (Publication: Georgetown Journal of International Law)
  PubDate: Fri, 01 Oct 2004 00:00:00 -040
ASPECTS OF COLLECTIVE WILL OF BONDHOLDERS UNDER JAPANESE LAW
- Abstract: I. INTRODUCTION This Article explores whether a contractual mechanism is needed under Japanese law to protect the interests of bondholders in the event of sovereign bond default. To illustrate the main issues concerning holders of sovereign bonds under the Japanese law, let us examine the ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Jul 2004 00:00:00 -040
STOP SELLING BONDS TO RETAIL INVESTORS
- Abstract: The Uruguayan debt exchange in April 2003 was one of the most impressive pieces of sovereign liability management ever seen.1 Because Uruguay is a small country, however, the exchange never really got the international recognition it deserved. Still, the exchange was not all good. One aspect of the ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Jul 2004 00:00:00 -040
SIERRA LEONE: THE PROVING GROUND FOR PROSECUTING RAPE AS A WAR CRIME
- Abstract: I. INTRODUCTION While sexual violence against women has always been considered a negative side effect of war, it is only in recent years that it has been taken seriously as a violation of humanitarian law. In the "evolution" of war, women themselves have become a battlefield on which conflicts are ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Jul 2004 00:00:00 -040
DOMESTIC AND EXTERNAL DEBT: THE DOOMED QUEST FOR EQUAL TREATMENT
- Abstract: I. INTRODUCTION "Equality" has the ring of a basic value, an incontrovertible virtue. In international finance, equal treatment is enshrined in treaties and contracts.1 Of all the equal treatment aspirations in finance, none seems more essential to a lawyer than equal treatment of creditors holding ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Jul 2004 00:00:00 -040
WHAT IS AN EMERGING MARKET?
- Abstract: ABSTRACT As developing economies become richer, they seek to contract with the global economy in increasingly complex ways. Dealing with that complexity often implies the renegotiation of contracts. Such recontracting tends to be viewed with concern, particularly by market participants. At the same ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Jul 2004 00:00:00 -040
COLLECTIVE ACTION CLAUSES: RECENT PROGRESS AND CHALLENGES AHEAD
- Abstract: The policy debate over sovereign debt restructuring entered a new phase in early 2003, when Mexico first added collective actions clauses (CACs) to the terms of its global bonds issued under New York law. Within a short time, Uruguay, Brazil, and other emerging-market sovereigns followed suit. The ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Jul 2004 00:00:00 -040
A QUARTER CENTURY OF SOVEREIGN DEBT MANAGEMENT: AN OVERVIEW
- Abstract: The global debt crisis of the 1980s is generally thought to have begun on August 22, 1982, when Mexico formally requested its commercial bank lenders to begin rolling over the maturing principal of their loans to Mexican public sector borrowers. There have been three periods of intense intellectual ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Jul 2004 00:00:00 -040
OUT OF THE PAST: RAILROADS & SOVEREIGN DEBT RESTRUCTURING
- Abstract: Railroad receiverships are suddenly relevant again. Long before the enactment of the first corporate reorganization statutes in the early 1930s, the federal courts developed a method of reorganizing financially distressed corporations, especially railroads, within the existing architecture of the ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Jul 2004 00:00:00 -040
COLLECTIVE ACTION CLAUSES: THEORY AND PRACTICE
- Abstract: I. INTRODUCTION The international debate on sovereign debt restructuring has focused on two diametrically opposed approaches: a market-based contractual approach-based on the widespread inclusion of Collective Action Clauses (CACs) in debt contracts and a Code of Conduct-and the statutory approach ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Jul 2004 00:00:00 -040
COLLECTIVE ACTION CLAUSES: THE WAY FORWARD
- Abstract: Collective action clauses (CACs) are a new element in the international financial architecture intended to ensure the orderly and timely resolution of sovereign default. Before the Working Group of the Group of Ten (G10) was set up in the summer of 2002,' no explicit guidelines or framework existed ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Jul 2004 00:00:00 -040
TWO-STEP SOVEREIGN DEBT RESTRUCTURING: A MARKET-BASED APPROACH IN A WORLD
WITHOUT INTERNATIONAL BANKRUPTCY LAW
- Abstract: I. PREFACE Our paper was originally circulated in April 2002, just a few months after the International Monetary Fund's (IMF) November 2001 Sovereign Debt Restructuring Mechanism (SDRM) proposal and Argentina's December 2001 default on its external debt. At that time, little progress had been made ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Jul 2004 00:00:00 -040
URUGUAY DEBT REPROFILING: LESSONS FROM EXPERIENCE
- Abstract: INTRODUCTION From 1992-2001, Uruguay was one of the most successful countries at tapping international capital markets. Clean credentials stemming from its longtime performance as a reliable debtor, together with the implementation of sound macroeconomic policies, allowed Uruguay to tap markets ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Jul 2004 00:00:00 -040
THE USE OF COLLECTIVE ACTION CLAUSES IN NEW YORK LAW BONDS OF SOVEREIGN
BORROWERS
- Abstract: I. INTRODUCTION There has recently been renewed focus on the role that collective action clauses (CACs) could play in facilitating the resolution of sovereign debt problems.1 The most prominent such clause is the majority amendment clause, which allows a qualified majority of bond-holders to change ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Jul 2004 00:00:00 -040
THE LIMITS OF GATT ARTICLE XX: A BACK DOOR FOR HUMAN RIGHTS?
- Abstract: INTRODUCTION At the conclusion of the Uruguay Round, the Contracting Parties of the General Agreement on Tariffs and Trade (GATT) adopted the World Trade Organization Agreement (WTO Agreement). ' The WTO Agreement included the Dispute Settlement Understanding (DSU), which provided for the ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Apr 2004 00:00:00 -050
THE PROCESS AND PROSPECTS FOR THE U.N. GUIDING PRINCIPLES ON INTERNAL
DISPLACEMENT TO BECOME CUSTOMARY INTERNATIONAL LAW: A PRELIMINARY
ASSESSMENT
- Abstract: I. INTRODUCTION In 1992, the U.N. Commission on Human Rights decided to appoint a Representative of the Secretary-General to study the global crisis of internal displacement; Secretary-General Boutros Boutros-Ghali asked Dr. Francis Deng to fill the position.1 At the outset, the Representative ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Apr 2004 00:00:00 -050
TO THE EDGE: MAINTAINING INCENTIVES FOR INNOVATION AFTER THE GLOBAL
ANTITRUST EXPLOSIONS
- Abstract: I. INTRODUCTION Innovation is fundamental to economic growth. As an effective lure for private investment in research and development, protection of intellectual property (IP) plays a significant role-perhaps a vital one-in promoting innovation. Neglect or degradation of IP protection therefore ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Apr 2004 00:00:00 -050
INTERNATIONAL LAW, U.S. SOVEREIGNTY, AND THE DEATH PENALTY
- Abstract: I. INTRODUCTION The use of the death penalty in the United States has lately become a subject of diplomacy, international activism, and litigation in international forums. The European Union routinely protests executions and presented the U.S. government with a demarche on the subject in 2000.1 ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Apr 2004 00:00:00 -050
UNILATERAL PREFERENCES GRANTED TO FOREIGN NATIONAL MINORITIES BY A
KIN-STATE: A CASE STUDY OF HUNGARY'S "STATUS LAW"
- Abstract: I. INTRODUCTION In the summer of 2001, the Hungarian Parliament adopted a law that granted a number of privileges and other preferential treatment to certain persons who are not Hungarian citizens but consider themselves to be of Hungarian descent (the "Status Law1 The stated purposes of the Status ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Jan 2004 00:00:00 -050
PLAYGROUND POLITICS: ASSESSING THE WISDOM OF WRITING A RECIPROCITY
REQUIREMENT INTO U.S. INTERNATIONAL RECOGNITION AND ENFORCEMENT LAW
- Abstract: I. INTRODUCTION Globalization, a force seemingly strong enough to defeat the world's centrifugal tendencies, is effecting an exponential increase in crossborder transactions. By facilitating revolutions in communication, transportation, and technology, globalization makes the world smaller and ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Jan 2004 00:00:00 -050
E-MAILS, SERVERS, AND SOFTWARE: U.S. EXPORT CONTROLS FOR THE MODERN ERA
- Abstract: [E]xporl controls must recognize and complement modern business practices. ' -Hon. John J. Hamre, President and Chief Executive Officer, Center for Strategic & International Studies, and former Deputy secretary of Defense, February 2001. Export controls maintained by the United [Stales] are a ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Jan 2004 00:00:00 -050
"STEPPING ON THE SHOULDERS OF A DROWNING MAN" THE DOCTRINE OF ABUSE OF
RIGHT AS A TOOL FOR REDUCING DAMAGES FOR LOST PROFITS: TROUBLING LESSONS
FROM THE PATUHA AND HIMPURNA ARBITRATIONS
- Abstract: I. INTRODUCTION The arbitrators' final awards proclaimed that the agreements had become "insufferable," "instrument[s] of oppression," and that enforcing them would be like "stepping on the shoulders of a drowning man."1 It is doubtful that anyone at MidAmerican Energy Holdings Co. (MidAmerican) ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Jan 2004 00:00:00 -050
A GRAVE AND GATHERING THREAT: BUSINESS AND SECURITY IMPLICATIONS OF THE
AIDS EPIDEMIC AND A CRITICAL EVALUATION OF THE BUSH ADMINISTRATION'S
RESPONSE
- Abstract: I. INTRODUCTION In his State of the Union address on January 28, 2003, President George W. Bush pledged substantial U.S. financial support over the next five years to help fight AIDS in Africa and the Caribbean,1 surprising his political allies and enemies alike by committing significant funds to ... (Publication: Georgetown Journal of International Law)
  PubDate: Thu, 01 Jan 2004 00:00:00 -050