JUSTICE, INTERRUPTED: A DEATH AT THE KHMER ROUGE TRIALS AND REASONS FOR OPTIMISM

Dr. Martin Luther King, Jr. famously stated that the “arc of the moral universe is long, but it bends toward justice.”1 When it comes to justice for atrocity crimes, the shape and length of that arc varies significantly by situation and is impacted by a number of factors. On one end of the spectrum might Read More …

JURISDICTION OVER ALIEN CORPORATIONS BASED ON THE ACTIVITIES OF THEIR SUBSIDIARIES IN THE FORUM: WHITHER THE DOCTRINE OF CORPORATE SEPARATENESS?

This Note argues that without the finding of an agency or alter-ego relationship between a parent and its subsidiary, the acts of a subsidiary cannot, under the doctrine of corporate separateness, be attributed to a parent. Unless the acts of a subsidiary can be attributed to the parent, the existence of the parent-subsidiary relationship alone Read More …

JUDICIAL REVIEW OF ARBITRAL PROCEEDINGS

This paper will examine judicial review of the arbitration process from the viewpoint of the arbitrator, who is professionally interested in careful and fair procedures leading to an award that will not be overturned by the courts. The principle area of study will be the maritime arbitrations to which the Federal Arbitration Act (the statute) Read More …

JUDICIAL INDEPENDENCE AND ACCOUNTABILITY: WITHSTANDING POLITICAL STRESS IN POLAND

For democracy and the rule of law to function and flourish, important actors in the justice system need sufficient independence from politicians in power to act under rule of law rather than political pressure. The court system must offer a place where government action can be reviewed, challenged, and, when necessary, limited to protect constitutional Read More …

IS THE INTERNATIONAL OLYMPIC COMMITTEE AMENABLE TO SUIT IN A UNITED STATES COURT?

In this Note, the question of the IOC’s amenability to suit in a United States court will be examined. The inquiry will require a determination of whether the IOC has the legal capacity to be sued under international law, and whether that organization is immune from suit under United States law. Finally, it must be Read More …

IS THE COURT OF JUSTICE OF THE EUROPEAN UNION FINDING ITS RELIGION?

We had the privilege of knowing Roger Goebel for over thirty years and meeting him regularly in New York, Brussels, and elsewhere in Europe. We never failed to be struck by his truly encyclopedic knowledge of EU law, which must be virtually unique outside the European Union (“EU”) itself and extremely rare within it. Having Read More …

INTERVENTION’S IDIOSYNCRASIES: THE NEED FOR A NEW APPROACH TO UNDERSTANDING SUB-FORCIBLE INTERVENTION

International law prohibits intervention in the domestic affairs of other states. But this prohibition, which is once again in the news in connection with the crisis in Venezuela, is now generally portrayed as either so strict that it precludes common elements of foreign policy like economic sanctions or so vague as to be meaningless. This Read More …

INTERNATIONAL TRADE: ISOLATIONISM, TRADE WARS, & TRUMP

Trade, and its regulation at the international level, has been at the center of diplomatic negotiations, controversies, and debates pretty much since its inception. Free trade, according to its advocates and supporters, is essential to promote, inter alia, economic growth, prosperity, and global peace. Critics and detractors of free trade, on the other hand, lament Read More …

INTERNATIONAL TRADE POLICY: THE LAWYER’S PERSPECTIVE

In International Trade Policy: The Lawyer’s Perspective, the editors offer a look at the landscape of issues in United States import relief law which should remain useful for some time. This is accomplished through a series of essays by a group of seasoned commentators. The initial chapters provide an intellectual framework and policy perspectives on Read More …

INTERNATIONAL PROTECTION OF EARTH’S OCEANS

The ocean is the central issue of our time: both urgent and eternal. The oceans are gravely under threat from fishing methods, pollution and climate change caused by us. Through them it is now ourselves that are threatened and endangered. The tools to protect the oceans include knowledge, understanding and science. No healthy oceans, no Read More …