Georgetown Journal of International Law

Founded in 1968, the Georgetown Journal of International Law, formerly Law and Policy in International Business, is a professional journal published quarterly by the Georgetown University Law Center. Articles are geared toward lawyers and international businesspeople and topics include Law, International Business and Economics and International Affairs.

Articles from Vol. 44, No. 2, Winter

Cross-Listings and the New World of International Capital: Another Look at the Efficiency and Extraterritoriality of Securities Law
I. INTRODUCTION: INTERNATIONAL AND DOMESTIC DIMENSIONS OF SECURITIES LAW DEBATES A. National Law Debates: Disclosure, Enforcement, and Private Actions B. Overview of the Article II. MECHANISMS AND ECONOMIC BENEFITS OF CROSS-LISTINGS ...
Emergence & Dynamism in International Organizations: ICSID, Investor-State Arbitration & International Investment Law
2. International Judicialization: Constraining the Regulatory Activity of Governments The surge in the late-nineties of new cases relying on IITs and in new sectors such as communication, water and sanitation and transportation created a related...
Europe's Failure to Prepare for the Next Financial Crisis Affects Us All
2. Shadow Banks In contrast to the decades-long track record of successful resolutions in the traditional banking sector, governments in both Europe and the United States were largely unprepared for an eruption of similar problems in the nonbank...
Military Necessity as Normative Indifference
B. Positive IHL Rules Unqualifiedly Obligating the Pursuit of Joint Satisfaction Conclusively Exclude De Novo Military Necessity and Other De Novo Indifference Pleas Both the inevitable conflict thesis and the joint satisfaction thesis hold that...
Strict Liability in Contemporary European Codification: Torn between Objects, Activities, and Their Risks
I. INTRODUCTION II. CURRENT SOURCES OF STRICT LIABILITY A. Special Legislation B. Relaxing the Rules to Allow a Broader Scope of Strict Liability 1. By Way of Analogy 2. By Way of the Concept of Verkehrssicherungspflicht. ...
The Intersection of International Trade and International Arbitration: The Use of Trade Benefits to Secure Compliance with Arbitral Awards
TABLE OF CONTENTS I. INTRODUCTION II. THE ICSID CONVENTION AND ITS REQUIREMENT TO "ABIDE BY AND COMPLY WITH" ICSID AWARDS III. ARGENTINA'S PURPORTED FAILURE TO COMPLY WITH ICSID AWARDS IV. MEANS OF SECURING COMPLIANCE WITH ICSID AWARDS ...
The New American Privacy
TABLE OF CONTENTS I. INTRODUCTION AND THE "RIGHT TO BE FORGOTTEN" PROBLEM II. THE EU PROPOSED REGULATION A. Consent B. Transparency C. Right to be Forgotten D. International Data Transfers E. European Data Protection Board ...
The Recognition of U.S. "Opt-Out" Class Actions in China
TABLE OF CONTENTS I. INTRODUCTION II. FEDERAL RULE OF CIVIL PROCEDURE 23(B) (3): A GENERAL OVERVIEW OF "OPT OUT" CLASS ACTIONS A. The Issues Entailed in the Recognition of U.S. "Opt Out" Class Actions in Foreign Jurisdictions ...
The Soft Law Alternative to the Who's Treaty Powers
TABLE OF CONTENTS I. INTRODUCTION II. THE WHO'S EXPERIENCE WITH HARD INTERNATIONAL HEALTH LAW A. Hard Law: Uses and Drawbacks B. The WHO's Article 19 Power and Experience C. The WHO's Article 21 Power and Experience D. Summary...
Trying Terrorists: The Case for Expanding the Jurisdiction of Military Commissions to U.S. Citizens
TABLE OF CONTENTS I. INTRODUCTION II. HISTORY AND DEVELOPMENT OF THE MILITARY COMMISSIONS ACT A. Comparison of Military Commissions and Article III Courts. III. JUSTIFICATIONS FOR USING MILITARY COMMISSIONS IN THE UNITED STATES IV. MILITARY...