Chicago Journal of International Law

A biannual journal focusing on international law and policy issues.

Articles from Vol. 4, No. 1, Spring

Cross-Listing and Corporate Governance: Bonding or Avoiding?
I. INTRODUCTIONIn their seminal survey of corporate governance, Shleifer and Vishny distill the issue into a blunt question: "How do [the suppliers of finance] make sure that managers do not steal the capital they supply or invest it in bad projects?"1...
Debtor-States and an International Bankruptcy Court: The IMF Creditor Problem
Bankruptcy can happen to any person or organization. It can happen to small businesses, corporations, and multinational conglomerates; even sovereign states are not immune from financial default. Contemporary business bankruptcies are arenas for creditors...
Delegalization of Arms Control-A Democracy Deficit in De Facto Treaties of Peace?
I. INTRODUCTION AND SUMMARYDelegalization of arms control is now an accomplished fact. In this period of potential dramatic revision of the international order, it is not surprising that the US is seeking increased flexibility in pursuing several strategies,...
Forcible Arms Control: Preemptive Attacks on Nuclear Facilities
INTRODUCTIONA former colleague of mine worked for most of his adult life as a career military officer. Toward the end of his career, he was assigned to work as an arms control inspector. In that capacity, he personally oversaw the destruction of hundreds,...
Hard Law, Soft Law, and Non-Law in Multilateral Arms Control: Some Compliance Hypoteses
I. INTRODUCTIONPerhaps the single most important issue concerning the role of law in arms control1 is whether parties are more likely to comply2 with the fundamental obligations of a binding treaty instrument, than comply with a norm they have indicated...
How to Solve Argentina's Debt Crisis: Will the IMF's Plan Work?
I. INTRODUCTIONIn January 2002, the Argentine government announced it would default on $141 billion in public sector debt-the largest default of a sovereign state in history. Having devalued its currency and gone through five presidents within a few...
National Self-Defense, International Law, and Weapons of Mass Destruction
The most publicized element of The National Security Strategy of the United States of America (the "Strategy"), promulgated in September 2002 by the Bush administration,1 is its emphasis on the option to use preemptive military strikes to address threats...
Of Borders, Fences, and Global Environmentalism
They say that political boundaries are fictitious and arbitrary lines. At the US-Mexico border, however, that line is not just an imaginary concept but also a tangible, physical structure. Metal fences run along the border from San Diego, California...
Posse Comitatus: Preparing for the Hearings
This Essay is intended for Congressional committee staff-whether employed by the committee or by members assigned to the committee-if they are called to review an administration legislative proposal to amend or repeal The Posse Comitatus Act ("The Act").2...
State Responsibility and the War on Terror: The Legacy of Thomas Jefferson and the Barbary Pirates
The first "purpose" of the United Nations set forth in Article 1(1) of its Charter is "[t]o maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace."1 Article...
State Responsibility for the Acts of Private Armed Groups
Under what circumstances should international law impute to states the acts of private armed groups? Although states as a general rule are not liable for the conduct of nonstate actors, it is now well settled that the acts of de facto state agents are...
Terrorism, State Responsibility, and the Use of Military Force
I. INTRODUCTIONWe have been told on countless occasions that we are at war against international terrorism. Casualties, both civilian and military, mount in this war-the most noteworthy terrorist attack produced more casualties than the attack on Pearl...
The Education of a Non-Career Political aAmbassador
I. INTRODUCTIONThis article is not a primer for those who aspire to a career in diplomacy. It is instead a report by a lawyer-political scientist who was called out of private life and into public service. It is not unusual in our country for American...
The United States and the International Criminal Court: The Case for "Dexterous Multilateralism"
I. INTRODUCTIONOn Sunday, December 31, 2000, the United States signed the Rome Statute of the International Criminal Court ("ICC"), and thus became one of the 139 nations that met the New Year's Eve, 2000 deadline for signature established in the Treaty.1...
US Antidumping Decisions and the WTO Standard of Review: Deference or Disregard?
I. INTRODUCTIONThe Uruguay Round of negotiations on the General Agreement on Tariffs and Trade ("GATT 1994") produced a regime of international trade agreements known loosely as the World Trade Organization ("WTO").1 These agreements were partially intended...
Using the Military at Home: Yesterday, Today, and Tomorrow
Today the United States is undergoing a great transformation in national security thinking and priorities. Between the end of the Cold War in 1989 and the collapse of the Soviet Union in 1991, the country began to abandon the policy of containment and...
Using the World Bank Inspection Panel to Defend the Interests of Project-Affected People
On the banks of Argentina's Parana River, local brickmakers took advantage of the unique qualities of the river's sand and mud to build sustainable, small-scale businesses. Over time, the brickmakers built networks of clients and suppliers-a social fabric...