Recently added articles from Texas International Law Journal:
Legal Integration of NAFTA Through Supranational Adjudication
Jul 01, 2008; ... The coexistence of a global economic system with a political system based on national sovereignty generates a sort of Bolero1 of steadily rising intellectual and political tension. One important element of that tension concerns the likelihood that growing economic integration leads to the ...
The Choice-of-Law Rules of the European Community Regulation on the Law Applicable to Non-Contractual Obligations: Simple and Predictable, Consequences-Based, or Neither?*
Jul 01, 2008; ... I. DRAFTING CHOICE-OF-LAW RULES The European Community Regulation on the Law Applicable to Non-Contractual Obligations ("Rome II") will take effect on January 11, 2009.1 This regulation is part of a widespread effort to draft new choice-of-law rules. For example, in 2007 a new ...
The Convergence of Renewed Nationalization, Rising Commodities, and "Americanization" in International Arbitration and the Need for More Rigorous Legal and Procedural Defenses
Jul 01, 2008; ... I. INTRODUCTION By the end of the 20th century, international arbitration had emerged as the preeminent mechanism to resolve international commercial disputes, particularly disputes between foreign investors and sovereign nations. Indeed, in the 1990s, globalization grew exponentially ...
Food Safety Regulation in the European Union: Toward an Unavoidable Centralization of Regulatory Powers
Jul 01, 2008; ... ABSTRACT As the threat of foodborne illnesses is becoming increasingly obvious, the future of the European Union (EU) is becoming clearer. The study of food safety regulation in the EU sheds light on the future of the European regulatory system as a whole. Looking at the evolution of the ...
No Direction Home: Nationalism and Statelessness in the Baltics
Jul 01, 2008; ... I. INTRODUCTION Lithuania, Latvia, and Estonia, collectively known as the Baltic states, were among the first republics to gain independence from the Soviet Union in the early 1990s. With independence came a resurgence of interest in Baltic culture-a renewed dedication to Baltic ...
SGS v. Philippines and the Role of ICSID Tribunals in Investor-State Contract Disputes
Jul 01, 2008; ... I. INTRODUCTION Few areas of international law have undergone more change in the last halfcentury than the relationship between investors and the foreign countries in which they invest. Bilateral investment treaties (BITs), which govern the relationship between investors of one state and ...
Questioning Civilian Immunity
Jul 01, 2008; ... The soldier, be he friend or foe, is charged with the protection of the weak and unarmed. It is the very essence and reason of his being. When he violates this sacred trust, he not only profanes his entire cult but threatens the very fabric of international society.1 I ....
ERRATA
Apr 01, 2008; ... In Volume 41, Number 1 (Winter 2006), of the Texas International Law Journal, we published an article from Professors Virginia Newell and Benedict Sheehy on Private Military Firms (PMFs). We would like to clarify one point in the article. The assertion that the International Peace Operations ...
Consumer Over-Indebtedness: A U.S. Perspective
Apr 01, 2008; ... I. INTRODUCTION Contrary to conventional wisdom, consumer over-indebtedness is not, by itself, a bad thing. Indeed, credit can be a good thing since it lets people pay for current expenses using future income. High current debt levels are acceptable for people who have good reason to ...
Making Trade Liberalization Work for the Poor: Trade Law and the Informal Economy in Colombia
Apr 01, 2008; ... I. INTRODUCTION The liberalization of domestic markets around the world to facilitate the transfer of goods and services across borders has been unprecedented in recent decades. The vast majority of developed and developing countries have lowered trade barriers, reduced restrictions on ...
Upholding Human Rights in the Hemisphere: Casting Down Impunity Through the Inter-American Court of Human Rights
Apr 01, 2008; ... ABSTRACT This article further fills the lacuna in the scholarly literature regarding compliance theory and the Inter-American Court of Human Rights. It builds upon a previous publication by this same author titled "Member State Compliance with the Judgments of the Inter-American Court of ...
The Solitude of Latin America: The Struggle for Rights South of the Border
Apr 01, 2008; ... Una nueva y arrasadora utopía de la vida, donde nadie pueda decidir par otros hasta la forma de morir, donde de veras sea cierto el amor y sea posible la felicidad, y donde las estirpes condenadas a den años de soledad tengan por fin y para siempre una segunda oportunidad sobre la ...
Clientelism in Argentina: Piqueteros and Relief Payment Plans for the Unemployed-Misunderstanding the Role of Civil Society
Apr 01, 2008; ... ABSTRACT Most Latin American countries have overcome military disruptions and are now well-established democracies. Nevertheless, electoral continuity and fairness is not enough to guarantee that democratic institutions function properly and fairly. A simple inquiry reveals the region's ...
The Result of Disparate Treatment of Third-Country Alien Employees in Multinational Enterprises: A Class Distinction
Apr 01, 2008; ... I. INTRODUCTION Imagine two employees with equivalent job training, education, and personalities. One is Mexican, the other American. Both work for an American multinational enterprise ("MNE") in China. Both are sexually harassed by the same supervisor and subsequently file grievances ...
Defining Unlawful Enemy Combatants: A Centripetal Story
Oct 01, 2007; ... I. INTRODUCTION The assignment of unlawful enemy combatant status plunges an individual into a legal limbo relieved by few rights. Although the exact range of rights under U.S. law likely depends on citizenship and place of detention,1 the Supreme Court has stated that all unlawful enemy ...
Schizophrenic Treaty Law
Oct 01, 2007; ... I. INTRODUCTION The Military Commissions Act of 2006 (MCA)' imposes substantial restrictions on the judicial enforcement of the Geneva Conventions in U.S. courts. First, the MCA specifies that "no alien unlawful enemy combatant subject to trial by military commission under this chapter ...
Questioning the Jurisdictional Moorings of the Military Commissions Act
Oct 01, 2007; ... Of the many controversial legal issues surrounding the passage of the Military Commissions Act of 2006,1 one of the most fundamental is that of jurisdiction. Lingering just beneath the surface, the question of jurisdiction calls the legitimacy of these tribunals to try alleged al Qaeda ...
Standards and Procedures for Classifying "Enemy Combatants": Congress, What Have You Done?
Oct 01, 2007; ... I. INTRODUCTION As an alumna of The University of Texas School of Law, it is quite an honor to be here-in the month of my ten-year class reunion-addressing an issue that is as contemporary as it is controversial, and which has consumed half of my legal career already. Indeed, it was ...
Adding Tools to the Arsenal: Options for Restitution from the Intermediary Seller and Recovery for Good-Faith Possessors of Nazi-Looted Art
Oct 01, 2007; ... I. INTRODUCTION "The resolution of these problems is made the more difficult in view of the fact that one of two innocent parties must bear the loss."1 How is it that an innocent party can be punished? This is just the question presented in the adversarial system when courts are ...
From the "Constitution of the Maritime Safety Committee" to the "Constitution of the Council": Will the IMCO Experience Repeat Itself at the IMO Nearly Fifty Years On? The Juridical Politics of an International Organization
Oct 01, 2007; ... ABSTRACT The Council and the General Assembly of the International Maritime Organization ("IMO" or "the Organization") is currently faced with a constitutional issue that has remained unresolved since its founding half a century ago. The Inter-Governmental Maritime Consultative ...