Corporate governance literature usually refers to enforcement superiority to explain the premium that foreign firms enjoy when cross-listing in U.S. stock exchanges. This Article casts doubt on this hypothesis by analyzing two comparative case studies of private and public enforcement actions taken against securities fraud in the United States and in Brazil. The case studies show that U.S. enforcement was superior in terms of private shareholder financial recovery but inferior when it came to public discipline and out-of-pocket liability costs for corporate actors.
This Article identifies an emerging regime complex in the field of international criminal law and analyzes the development of the regional criminal court to the African Court of Justice and Human Rights. This Article discusses how the International Criminal Court’s institutional crisis created a space for regional innovation. It finds that regime complexes can form not only due to strategic inconsistencies as discussed in the literature, but also because of the influence of regional integration.
This Article analyzes state communications to the United Nations Security Council during episodes of serious interstate conflict. I hypothesize that overall state communications should have increased after the Cold War; that states should be advancing more diverse legal justifications for their uses of force; and that states should be focusing more on the jus in bello than during the Cold War. An analysis of several hundred state communications drawn from a fifty-year period provides only limited support for these hypotheses. Patterns in state justifications to the Security Council have not changed markedly, and states remain overwhelmingly focused on self-defense as a legal justification.
This Article responds to current literature, which unitarily advocates for a United Nations Security Council (UNSC) reform solution to the Responsibility to Protect (R2P) deadlock, particularly in the context of the situation in Syria. This Article argues, contra the consensus, that a reformed UNSC would hinder the crystallization of R2P as a customary norm and its application to humanitarian crises.
As U.S. law enforcement agencies have intensified their efforts to combat bribery in international business under the Foreign Corrupt Practices Act (FCPA), one form of corruption has been overlooked: bribery of indigenous leaders by multinational enterprises undertaking projects that will impact their communities. This Article demonstrates that the FCPA, the Travel Act, and other federal statutes could be readily applied to this form of bribery.
This article argues that reading should be understood as a universal human right. Once recognized in principle, it remains necessary to translate the right to read from a vague ideal into concrete content. As a starting point, the right to read requires that every person be entitled to education for literacy and the liberty to freely choose the reading material they prefer. Less obviously, but crucially, the right to read also means that everyone must have access to an adequate supply of reading material. Law and policy must be designed to ensure that books, ebooks, and other reading material are made widely available and affordable—even to the poor and to speakers of minority languages.
Every court has its Marbury moment. To support this argument, this Article reviews seminal cases from three types of courts: U.S. federal, regional, and international. This Article concludes that Marbury moments provide novel insights about both Marbury v. Madison itself and the nature of domestic and international courts.
Incidents by suspected Russian submarines spying in Swedish and Finnish waters in 2014 and 2015, and the ample history of such incidents over the past sixty-five years involving Chinese, British, North Korean, American, and Soviet (and Russian) submarines, suggest undersea spying occurs with some regularity, yet the political and legal consequences are uncertain. While submarine intrusions into the territorial sea are not uncommon, the legal standards that govern such operations and the rights and duties of affected coastal states are murky.
As diversity can affect the perceived legitimacy of a state’s dispute resolution system and the quality of judicial decisions, diversity levels in the national bench and bar have been an area of transnational concern. By contrast, little is known about diversity of adjudicators and counsel in international arbitration. With a lack of accurate, complete, and publicly available data about international arbitrators and practitioners, speculation about membership in the “invisible college” of international arbitration abounds. Although defining the international arbitration community is challenging, rather than leave the “invisible college” unexamined, this Article offers one systematic glimpse into the global elites of international arbitration.
This Article considers how secrecy and covert conduct shape the development of international law. Focusing on the area of the use of force, it examines how international law-making processes are affected when a state acts covertly—that is, when a state does not publicly acknowledge its conduct—and that covert conduct comes—partially or fully, accurately or inaccurately—to public light.