Harvard ILJ [printed]

Proactive Complementarity: The International Criminal Court and National Courts in the Rome System of International Justice

William W. Burke-White — Sun, 03 Feb 2008 22:02:57 -0800

49 Harv. Int'l L.J. 53 (2008)

William W. Burke-White is Assistant Professor of Law, University of Pennsylvania School of Law.

Abstract

When the International Criminal Court (“ICC” or “Cou

From Odious Debt to Odious Finance: Avoiding the Externalities of a Functional Odious Debt Doctrine

Christiana Ochoa — Sun, 03 Feb 2008 22:02:42 -0800

49 Harv. Int'l L.J. 109 (2008)

Christiana Ochoa is Associate Professor of Law, Indiana University School of Law – Bloomington.

Abstract

The odious debt doctrine, which holds that in some cases, succe

Prosecuting Aggression

Noah Weisbord — Sun, 03 Feb 2008 22:02:26 -0800

49 Harv. Int'l L.J. 161 (2008)

Noah Weisbord is an S.J.D. Candidate, Harvard Law School.

Abstract

The Assembly of States Parties to the International Criminal Court will soon have its first opportunity to

Note: Mercenarism 2.0? The Rise of the Modern Private Security Industry and Its Implications for International Humanitarian Law Enforcement

E.L. Gaston — Sun, 03 Feb 2008 22:02:13 -0800

49 Harv. Int'l L.J. 221 (2008)

E.L. Gaston is a J.D., Harvard Law School, 2007.

This note is winner of the 2007 Harvard International Law Journal Student Note Competition.

Abstract

In response

Of Prophets and Proselytes: Freedom of Religion and the Conflict of Rights in International Law

Peter Danchin — Sun, 12 Oct 2008 20:10:13 -0700

49 Harv. Int'l L. J. 249 (2008)

Peter G. Danchin is an assistant professor of law at the University of Maryland School of Law.

The case of proselytism presents a tangle of competing claims: on the one hand, the rights of

Bilateralism, Multilateralism, and the Architecture of International Law

Gabriella Blum — Mon, 13 Oct 2008 04:10:11 -0700

49 Harv. Int'l L.J. 323 (2008)

Gabriella Blum is Assistant Professor of Law at Harvard Law School.

Abstract

This paper studies the different roles, impact, and operation of bilateral treaties and multilateral treaties

The Politics of Competition in International Financial Regulation

Stavros Gadinis — Mon, 13 Oct 2008 00:10:37 -0700

49 Harv. Int'l. L.J. 447 (2008)

Stavros Gadinis is a Clark Byse and John M. Olin Fellow, S.J.D. Candidate, Harvard Law School.

Abstract

Policy coordination between diverse regulatory regimes in financial services rank

Ownership or Use? Civilian Property Interests in International Humanitarian Law

Lea Brilmayer, Geoffrey Chepiga — Mon, 13 Oct 2008 00:10:13 -0700

49 Harv. Int'l. L. J. 413 (2008)

Lea Brilmayer is the Howard M. Holtzmann Professor of International Law at Yale Law School. Geoffrey Chepiga, Yale Law School, J.D. 2007. Professor Brilmayer is lead counsel for Eritrea before the Eritrea

Institution-Based Financial Regulation: A Third Paradigm

John H. Walsh — Thu, 09 Oct 2008 19:10:15 -0700

49 Harv. Int'l L.J. 381 (2008)

John H. Walsh is Associate Director and Chief Counsel in the Office of Compliance Inspections and Examinations of the United States Securities and Exchange Commission

Abstract

This Ar

Recent Development: The United States’ Second and Third Periodic Report to the United Nations Human Rights Committee

Colette Connor — Thu, 09 Oct 2008 19:10:10 -0700

49 Harv. Int'l. L.J. 509 (2008)

Colette Connor graduated with a J.D. from Harvard Law School in 2008.

Abstract

As a party to the International Covenant on Civil and Political Rights, the United States is required to s

The Dark Side of Shareholder Influence: Managerial Autonomy and Stakeholder Orientation in Comparative Corporate Governance

Martin Gelter — Sun, 01 Mar 2009 17:03:43 -0800

50 Harv. Intl. L.J. 129

Martin Gelter is the Considine Fellow in Law and Economics, Harvard Law School; Assistant Professor, Vienna University of Economics and Business Administration, Department of Business Law; Research Associate, Europe

Breaking the Genuine Link: The Contemporary International Legal Regulation of Nationality

Robert D. Sloane — Sun, 01 Mar 2009 17:03:05 -0800

50 Harv. Intl. L.J. 1

Robert D. Sloane is an Associate Professor of Law, Boston University School of Law.

Abstract

The concept of nationality traditionally mediated the relationship between the individual and the stat

Other Peoples’ Children: A Textual and Contextual Interpretation of the Genocide Convention, Article 2(e)

Kurt Mundorff — Sun, 01 Mar 2009 17:03:34 -0800

50 Harv. Intl. L.J. 61

Kurt Mundorff is a Ph.D. Student, LL.M., The University of British Columbia, Faculty of Law; J.D., Benjamin Cardozo School of Law; M.A., John Jay College of Criminal Justice; B.A., University of Oregon.

Ab

Federal Common Law and Alien Tort Statute Litigation: Why Federal Common Law Can (and Should) Provide Aiding and Abetting Liability

Nilay Vora — Sun, 01 Mar 2009 17:03:54 -0800

50 Harv. Intl. L.J. 195

Nilay Vora is a J.D. Candidate, Class of 2009, Harvard Law School

Abstract

After Sosa v. Alvarez-Machain, lawsuits against corporations under the Alien Tort Statute (ATS) have become the focus

In International Criminal Prosecutions, Justice Delayed Can Be Justice Delivered

Alex Whiting — Tue, 28 Jul 2009 02:07:41 -0700

Abstract:

Something of a consensus has emerged within the international community and among commentators that war crimes tribunals have been too slow to investigate, charge, and prosecute war crimes. While acknowledging the importance of e

Reciprocity and the Law of War

Sean Watts — Tue, 28 Jul 2009 02:07:27 -0700

Abstract:

This Article examines how the principle of reciprocity operates within the international law of war. Tracing the historical development and application of the law, the Article demonstrates that the existing law of war derives fro

International Law Limits on Investor Liability in Human Rights Litigation

Michael Ramsey — Tue, 28 Jul 2009 02:07:39 -0700

This Article assesses efforts in U.S. courts, principally under the federal Alien Tort Statute, to hold foreign investors indirectly liable for human rights violations committed by the governments of countries in which they do business. Such claims,

Revisiting History: How the Past Matters for the Present Backlash Against the Foreign Investment Regime

Asha Kaushal — Tue, 28 Jul 2009 02:07:55 -0700

Abstract:

Foreign direct investment and bilateral investment treaties have become key building blocks of the international legal and economic architecture. There are over 2,600 bilateral investment treaties (“BITs”) and a growi

Development and Outcomes of Investment Treaty Arbitration

Susan Franck — Tue, 28 Jul 2009 02:07:39 -0700

Abstract:

The legitimacy of investment treaty arbitration is a matter of heated debate. Asserting that arbitration is unfairly tilted toward the developed world, some countries have withdrawn from World Bank dispute resolution bodies or ar

Unpacking the State’s Reputation

Rachel Brewster — Tue, 28 Jul 2009 02:07:41 -0700

International law scholars debate when international law matters to states, how it matters, and whether we can improve compliance. One of the few areas of agreement is that fairly robust levels of compliance can be achieved by tapping into states&rsq