Chicago Journal of International Law

A biannual journal focusing on international law and policy issues.

Articles from Vol. 2, No. 1, Spring

Abritration and the Fisc: NAFTA's "Tax Veto"
"Taxes," said Franklin Roosevelt, "are the dues that we pay for the privileges of membership in an organized society."1Harsher tongues describe tax as a form of property seizure. Somewhere between these competing characterizations of revenue raising-club...
Confidentiality and NAFTA Chapter 11 Arbitrations
I. INTRODUCTION It is often said that confidentiality is one of the benefits of international commercial arbitration and one of the principal reasons why business people have made arbitration the forum of choice for the resolution of international commercial...
Considerations of NAFTA Chapter 11
I. INTRODUCTION The North American Free Trade Agreement ("NAFTA")1 entered into force in January 1994. For Mexico, this was an important step. Before NAFTA, all foreign investor disputes were resolved in domestic administrative tribunals and judicial...
Contract without Privity: Sovereign Offer and Investor Acceptance
In the case of an investment dispute, Chapter 11 of the North American Free Trade Agreement ("NAFTA") permits investors from one NAFTA Party to submit to arbitration a claim against the sovereign government of another NAFTA Party. This type of arrangement...
Customary Intenational Law and Torture: The Case of India
I. INTRODUCTION This paper examines the contradiction between statements from well-respected sources regarding customary international law as it bears on torture and the actual behavior of states as to torture. It does so by focusing on one state, India....
Diplomatic Adjudication
Former Secretary of State Madeleine Albright recently made headlines by announcing that the United States would seek to better its relations with Iran by, among other things, attempting to negotiate a global settlement of the legal claims outstanding...
Does International Human Rights Law Make a Difference?
Does International Human Rights Law Make a Difference? Douglass Cassel I. INTRODUCTION Does international human rights law make a difference? Does it protect rights in practice? The importance of these questions for rights protection is obvious: the...
India: Implementing Sex Equality through Law
I. INTRODUCTION India has a long tradition of attaching profound importance to equality. Addressing some especially entrenched and dramatic inequalities of dignity, material well-being, and political empowerment-deriving from the traditional caste hierarchy,...
International Law, Human Rights Beneficiaries, and South Africa: Some Thoughts on the Utility of International Human Rights Law
I. INTRODUCTION Few would dispute that international human rights law has grown exponentially in the last few decades. Legal arguments based on international human rights law, as well as domestic law that is interpreted or otherwise influenced by international...
Issues in Implementing Referendums in Israel: A Comparative Study in Direct Democracy
In 1994, Israeli Prime Minister Yitzhak Rabin promised that any peace agreement with the Syrians, which would return some or all of the Golan Heights to Syria, would be submitted for the people's approval in a national referendum. During his campaign...
Judging with a Legal Advising in Intenational Organizations
"Some people become great, others just grate." I. INTRODUCTION The last 31 years of my life have been spent as an international legal adviser, an international "quasi-judge," and an international judge at the World Bank, the United National Administrative...
Mailing It In: European Union Efforts at Pension Reform
Occupational pension schemes are one pillar of the European pension system; the other pillars are public schemes and individual pension plans. Authoritative sources have noted that the dearth of specific European Union ("EU") rules regarding occupational...
NAFTA Chapter 11 Meets Chicken Little
Before a Vancouver, British Columbia courthouse, on a cool mid-winter day in February of 2001, the forces of anti-globalization arrayed themselves to protest outside the judicial review proceedings of the North American Free Trade Agreement1 ("NAFTA")...
Norms and National Security: The WTO as a Catalyst for Inquiry
I. INTRODUCTION Multilateral treaties often include a national security exception as an opt-out mechanism for a state party to free itself of constraints otherwise imposed by the agreement. The standard view is that such "escape clauses" allow states...
Opposing Interpretations of an International Treaty: The Anti-Ballistic Missile Treaty Controversy
Whether the United States should initiate construction of a limited national missile defense system became a significant issue for the Clinton administration in the summer of 2000. Central to the national defense system discussion was a concern that...
Practicing Law on a Different Battlefield
"Apart from the graceful foresight of God the Almighty, the strength, wealth and security of the Kingdom rest on the navy." -Christian IV, King of Denmark 1588-1648 I. INTRODUCTION I am pleased to have this chance to write about the function of legal...
The Iran-United States Claims Tribunal, NAFTA Chapter 11, and the Doctrine of Indirect Expropriation
This essay takes its cue from the recent Interim Award rendered under Chapter 11 of the North American Free Trade Agreement ("NAFTA")1 on June 26, 2000 in Pope & Talbot, Inc v Canada.2 Pope & Talbot implied that the awards of the Iran-United...
The Justice Cascade: The Evolution and Impact of Foreign Human Rights Trials in Latin America
I. INTRODUCTION During the Falklands/Malvinas War of 1982, the British captured Argentine Navy Captain Alfredo Astiz. Non-governmental human rights organizations accused Astiz, a notorious figure during Argentina's "dirty war," of involvement in the...
The Making of an Agenda for Democratization: A Speechwriter's View
In December 1996 the United Nations ("UN") published An Agenda for Democratization, a highly controversial position paper of its then-Secretary General, Boutros Boutros-Ghali.1 The agenda has received little public or academic attention. Yet, although...
The Politics of Prosecutions under the Convention against Torture
Recent incidents suggest that prosecutions under the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment ("Convention Against Torture")1 are highly vulnerable to political pressures brought to bear by the potential...
The Repercussions in the European Union of the Netherlands' Same-Sex Marriage Law
On September 12, 2000, by a lopsided 190 to 33 vote in the lower house of Parliament, the Netherlands became the first country to allow same-sex couples to marry on the same terms as heterosexual couples. The measure had the support of all of the parties...
The Return of the Standard of Civilization
"The nexus between Civilisation and International Law is a basic question of International Law." -Georg Schwarzenberger, 1955(1) I. INTRODUCTION Those who teach international law are familiar with presenting Article 38(1) of the Statute of the International...
Who Then Should Judge?: Developing the International Rule of Law under NAFTA Chapter 11
I. INTRODUCTION One wonders what all the furor is about. For all the calumny heaped upon Chapter 11 of the North American Free Trade Agreement ("NAFTA") by opponents of globalization, as well as more measured responses by think tanks, academics, and...