International Law

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9/11 and the Tail of Historic Events, The American Society of International Law (2011)

The continuing influence (the “tail”) of historic events such as 9/11 has numerous dimensions. In...

 

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International Courts and Tribunals: Their Roles Amidst a World of Courts, The 2011 Lalive Lecture -- The Lalive Firm and the Graduate Institute (2011)
 

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Contemporary International Law Issues in the Asia Pacific: The Importance and Challenge of the Difference Between Principles and Rules in International Law, 2011 International Law Association Asia-Pacific Regional Conference Contemporary International Law Issues in the Asia Pacific: Opportunities and Challenges (2011)
 

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The Independence and Impartiality of Legal Systems, World Arbitration & Mediation Reports (2011)

As lawyers, we often focus on the independence and impartiality of a judge or of...

 

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The Interpretation of National Foreign Investment Laws as Unilateral Acts Under International Law, Looking to the Future: Essays on International Law in Honor of W. Michael Reisman (2011)

To encourage foreign investment, governments not infrequently adopt a national foreign investment law that sets...

 

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The Value of Being Bold, American society of International Law (2010)
 

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North American Futures: Canadian & U.S. Perspectives, Managing The Arctic, University of California Berkeley - University of British Columbia Symposium (2010)

Presentation and discussion of issues relevant to balanced Arctic exploration, multilateral cooperation policy, growth and...

 

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By Prohibiting Foreign Lawyers from Participating, California is Missing Out (with Leah D. Harhay), Arbitration & Mediation: A Special Edition of the The Recorder (2010)
 

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From Babylon to Manhattan: A Brief Journey through the Evolution of Human Rights, 2048: Drafting the Future of Human Rights (2008)
 

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Framing Political Theory of International Courts and Tribunals: Reflections at the Centennial, PROCEEDINGS, 100TH ANNUAL MEETING OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW (2006)

This lecture given at the 100th Annual Meeting of the American Society of International Law...

 

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If Afghanistan has Failed, Then Afghanistan is Dead: ‘Failed States’ and the Inappropriate Substitution of Legal Conclusion for Political Description, THE TORTURE DEBATE IN AMERICA (2005)

A Bush Administration memorandum argued that the Geneva Conventions did not apply in Afghanistan because...

 

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State Crimes: Looking at Municipal Experience with Organizational Crime, INTERNATIONAL RESPONSIBILITY TODAY, ESSAYS IN HONOR OF OSCAR SCHACTER (2005)
 

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The United Nations Compensation Commission for Claims Arising Out of the 1991 Gulf War: The ‘Arising Prior To’ Decision, FLORIDA STATE UNIVERSITY INTERNATIONAL LAW JOURNAL (2005)

This article concerns the United Nations Compensation Commission, what came to be known as the...

 

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Does International Law Matter?, PROCEEDINGS, 98TH ANNUAL MEETING OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW (2004)
 

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The Reconstruction of Iraq: Dealing with Debt, U.C. DAVIS JOURNAL INTERNATIONAL LAW & POLICY (2004)
 

International Tribunals and the Role of the Host Country, THE IRAN UNITED STATES CLAIMS TRIBUNAL : ITS CONTRIBUTION TO THE PROCESS OF INTERNATIONAL CLAIMS RESOLUTION (2000)
 

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State Crimes in the ILC Draft Articles on State Responsibility: Insights from Municipal Experience with Corporate Crimes, PROCEEDINGS, 92TH ANNUAL MEETING OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW (1998)
 

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The Basis of Responsibility: Attribution and Other Transubstantive Rules of State Responsibility, THE IRAN UNITED STATES CLAIMS TRIBUNAL: ITS CONTRIBUTION TO THE LAW OF STATE RESPONSIBILITY (1998)
 

OpenURL

Attribution Amidst Revolution: The Experience of the Iran United States Claims Tribunal, PROCEEDINGS, 84TH ANNUAL MEETING OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW (1991)
 

International Courts - International Arbitration

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International Courts and Tribunals: Their Roles Amidst a World of Courts, The 2011 Lalive Lecture -- The Lalive Firm and the Graduate Institute (2011)
 

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ICSID in the Twenty-First Century: An Interview with Meg Kinnear, PROCEEDINGS, 105TH ANNUAL MEETING OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW (2011)

This publication is the transcript of an interview of Meg Kinnear which took place on...

 

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International Courts and Tribunals: Their Roles amidst a World of Courts, ICSID Foreign Investment law Journal (2011)
 

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The Independence and Impartiality of Legal Systems, World Arbitration & Mediation Reports (2011)

As lawyers, we often focus on the independence and impartiality of a judge or of...

 

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The Interpretation of National Foreign Investment Laws as Unilateral Acts Under International Law, Looking to the Future: Essays on International Law in Honor of W. Michael Reisman (2011)

To encourage foreign investment, governments not infrequently adopt a national foreign investment law that sets...

 

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The Profound Significance of the UNCC for the Environment, GULF WAR REPARATIONS AND THE UN COMPENSATION COMMISSION: ENVIRONMENTAL LIABILITY (2011)

In this Chapter, the experience of the UNCC with claims regarding the environment is told...

 

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The Claims of Two Gulfs, The Huffington Post (2010)

Kenneth Feinberg, the "claims czar" for the BP catastrophe in the Gulf, reportedly looks to...

 

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Anticipating the Future, American Society of International Law Newsletter (2010)
 

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The Value of Being Bold, American society of International Law (2010)
 

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A Call to Action: Turning the Golden State into a Golden Opportunity for International Arbitration (with Leah D. Harhay), Berkeley Journal of International Law (2010)

This Article highlights the challenges facing California in its efforts to become a center of...

 

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By Prohibiting Foreign Lawyers from Participating, California is Missing Out (with Leah D. Harhay), Arbitration & Mediation: A Special Edition of the The Recorder (2010)
 

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ICSID Revisited: Evaluating the Effectiveness of the 2006 Amendments to ICSID Arbitration Rules, a panel discussion, “Overhauling International Dispute Resolution: Challenges and Potential Solutions to International Solutions to International Dispute resolution in the 21st Century,” a Conference at the University of California at Davis School of Law (2009)
 

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Confronting Ethical Issues in Internartional Arbitration, Institute of Transnational Arbitration (2009)
 

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Investor-State Arbitration: Strategic and Tactical Perspectives on Legitimacy, Suffolk Transnational Law Review (2009)

This article examines a Symposium’s focus on investor state arbitration from two different points of...

 

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Remarks on the Change of Chair in ITA, Institute of Transnational Arbitration (2009)
 

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Round Table on the Assessment of the Revision of the UNCITRAL Rules on International Commercial Arbitration, 50 Years of the New York Convention: ICCA International Arbitration Conference (2009)
 

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Chair -- 'Assessment of the UNICTRAL Rules Revision: A Roundtable', International Council on Commercial Arbitration Congress (2008)
 

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Anticipating The 2009 U.S. “Fairness in Arbitration Act” (with Seth Schreiberg), World Arbitration & Mediation Review (2008)

This essaylays out the two views of the possible unintended effects of the likely-to-return 2007...

 

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Are the ICSID Rules Governing Nationality and Investment Working? – A Discussion, INVESTMENT TREATY ARBITRATION AND INTERNATIONAL LAW (2008)
 

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The Iran – U.S. Claims Tribunal and Investment Arbitration: Understanding the Claims Settlement Declaration as a Retrospective BIT, THE IRAN-UNITED STATES CLAIMS TRIBUNAL AT 25: THE CASES EVERYONE NEEDS TO KNOW FOR INTERNATIONAL AND INVESTOR-STATE ARBITRATION (2007)

This article seeks to understand the relevance of the many decisions of the Iran –...

 

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Towards A Political Theory of International Courts and Tribunals, BERKELEY JOURNAL OF INTERNATIONAL LAW (2007)

This article introduces a new political theory of international courts and tribunals that explains why...

 

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Framing Political Theory of International Courts and Tribunals: Reflections at the Centennial, PROCEEDINGS, 100TH ANNUAL MEETING OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW (2006)

This lecture given at the 100th Annual Meeting of the American Society of International Law...

 

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THE UNCITRAL ARBITRATION RULES: A COMMENTARY (with Lee Caplan and Matti Pellonpää) (2006)

This commentary takes a unique approach. In addition to the authors’ commentary on the Rules...

 

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The United Nations Compensation Commission for Claims Arising Out of the 1991 Gulf War: The ‘Arising Prior To’ Decision, FLORIDA STATE UNIVERSITY INTERNATIONAL LAW JOURNAL (2005)

This article concerns the United Nations Compensation Commission, what came to be known as the...

 

OpenURL

The United Nations Compensation Commission: Practical Justice, Not Retribution (with Brian Morris), EUROPEAN JOURNAL OF INTERNATIONAL LAW (2002)
 

International Tribunals and the Role of the Host Country, THE IRAN UNITED STATES CLAIMS TRIBUNAL : ITS CONTRIBUTION TO THE PROCESS OF INTERNATIONAL CLAIMS RESOLUTION (2000)
 

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THE IRAN UNITED STATES CLAIMS TRIBUNAL: ITS CONTRIBUTION TO THE PROCESS OF INTERNATIONAL CLAIMS RESOLUTION (2000)

A review of the book by Melissa E. Crow in 97 American Journal of International...

 

The Place of the Environment in International Tribunals, THE ENVIRONMENTAL CONSEQUENCES OF WAR: LEGAL, ECONOMIC AND SCIENTIFIC PERSPECTIVES (2000)
 

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The Place of the Environment in International Tribunals, “The First International Conference on Addressing the Environmental Consequences of War,” sponsored by The Smithsonian Institution (1998)
 

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The Basis of Responsibility: Attribution and Other Transubstantive Rules of State Responsibility, THE IRAN UNITED STATES CLAIMS TRIBUNAL: ITS CONTRIBUTION TO THE LAW OF STATE RESPONSIBILITY (1998)
 

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Peaceful Settlement of Disputes Through the Rule of Law (with Galina Shinkaretskaya), Beyond Confrontation: International Law for the Post Cold-War Era (1995)
 

OpenURL

Post Award Proceedings Under the UNCITRAL Rules of Arbitration (with Lucy F. Reed), ARBITRATION INTERNATIONAL (1995)
 

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THE UNCITRAL ARBITRATION RULES AS INTERPRETED AND APPLIED: SELECTED PROBLEMS IN LIGHT OF THE PRACTICE OF THE IRAN UNITED STATES CLAIMS TRIBUNAL (with Matti Pellonpää) (1994)

A review of the book by Jamie Borek in 90 American Journal of Intenational Law...

 

OpenURL

Attribution Amidst Revolution: The Experience of the Iran United States Claims Tribunal, PROCEEDINGS, 84TH ANNUAL MEETING OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW (1991)
 

OpenURL

Interim Measures of Protection: Theory and Practice in Light of the Iran United States Claims Tribunal, ZEITSCHRIFT FÜR AUSLÄNDISCHES ÖFFENLICHES RECHT UND VÖLKERRECHT (1986)
 

OpenURL

Iran U.S. Claims Tribunal, YEARBOOK COMMERCIAL ARBITRATION (1985)

A summary of the work of the Tribunal with extracts of its major decisions for...

 

Ocean Law and Policy

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Climate Change and Arctic Governance: Three Images of a Changing Arctic, The World Oceans in Globalization: Climate Change, Sustainable Fisheries, Biodiversity, Shipping, Regional Issues (2011)
 

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Negotiating Our Future with the Oceans, A PLANET FOR LIFE 2011 – OCEANS: THE NEW FRONTIER (2011)

For several centuries, nations have negotiated arrangements for their mutual interests in the oceans. These...

 

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Negotiating Our Future with the Oceans, A PLANET FOR LIFE 2011 – OCEANS: THE NEW FRONTIER (2011)

For several centuries, nations have negotiated arrangements for their mutual interests in the oceans. These...

 

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The Claims of Two Gulfs, The Huffington Post (2010)

Kenneth Feinberg, the "claims czar" for the BP catastrophe in the Gulf, reportedly looks to...

 

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North American Futures: Canadian & U.S. Perspectives, Managing The Arctic, University of California Berkeley - University of British Columbia Symposium (2010)

Presentation and discussion of issues relevant to balanced Arctic exploration, multilateral cooperation policy, growth and...

 

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Law of the Sea, International Encyclopedia of Peace (2010)
 

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Panel V Introductory Remarks: New Challenges - Arctic Marine Environment and Biodiversity, Changes in the Arctic Environment and the Law of the Sea (2010)
 

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THE OCEANS IN THE NUCLEAR AGE (with Harry N. Scheiber) (2010)

There are few moments which may be said to fundamentally alter the course of human...

 

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Arctic Boundaries and Climate Change: The Changing Concept of Space and Place in the Arctic and the Ensuing Battle of the International Community to Lay Claim, Sponsored by The American Society of International Law's International Environmental Law Interest Group & Global Commons Project of the Center for Law, Energy & the Environment University of California, Berkeley, School of Law (2009)
 

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Assessing the Impact of the Nuclear Age on the Oceans and its Legal Regime (with Harry N. Scheiber), The Oceans in the Nuclear Age (2009)
 

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The Oceans in the Nuclear Age: Challenges, Questions and Possibilities (with Harry N. Scheiber), The Oceans in the Nuclear Age (2009)
 

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Commentary on Federal Court's Decision Regarding U.S. Navy Sonar Exercises off the California Coast - ABC News (2008)

Commentary on Federal Court's decision regarding U.S. Navy sonar exercises off the California coast.

 

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Climate Change, Sea Level Rise and the Coming Uncertainty in Oceanic Boundaries: A Proposal to Avoid Conflict MARITIME BOUNDARY DISPUTES, SETTLEMENT PROCESSES, AND THE LAW OF THE SEA, MARITIME BOUNDARY DISPUTES, SETTLEMENT PROCESSES, AND THE LAW OF THE SEA (2008)

Forthcoming

This Chapter focuses on how a rising sea level will create uncertainties as to...

 

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Politics, Law and Three Images of the Arctic, PROCEEDINGS, 102TH ANNUAL MEETING OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW (2008)
 

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The United States and the 1982 Law of the Sea Treaty, 12 ASIL INSIGHT, Issue 4 (with Harry N. Scheiber) (2007)

This ASIL Insight examines the possible ratification of the 1982 Law of the Sea Treaty...

 

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Bringing New Law to Oceans Waters (with Harry N. Sheiber), Bringing New Law to Oceans Waters (2004)
 

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BRINGING NEW LAW TO OCEAN WATERS (2004)

The history of ocean law and policy suggests that it is naive to think that...

 

OpenURL

Towards an Arctic Environmental Regime, OCEAN DEVELOPMENT AND INTERNATIONAL LAW (1993)
 

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Choice and Duty in Foreign Affairs: The Reflagging of the Kuwaiti Tankers, THE IRAN IRAQ WAR: LESSONS FOR STRATEGY, DIPLOMACY & LAW (1990)
 

The Arctic, YEARBOOK OF INTERNATIONAL ENVIRONMENTAL LAW (1990)
 

Flags of Vessels, ENCYCLOPEDIA OF PUBLIC INTERNATIONAL LAW (1989)
 

Ships: Nationality and Status, ENCYCLOPEDIA OF PUBLIC INTERNATIONAL LAW (1989)
 

Reconciling Domestic Principles and International Cooperation, LAW OF THE SEA: U.S. POLICY DILEMMA (1983)
 

Emergency Disposal of Oil Spill Wastes in Northern and Central California, DISPOSAL OF OIL AND DEBRIS RESULTING FROM A SPILL CLEANUP OPERATION (1980)
 

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Municipal Legislation for Exploitation of the Deep Seabed, OCEAN DEVELOPMENT AND INTERNATIONAL LAW (1980)
 

Arctic

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Images of the Arctic and the Futures They Suggest, A Law Library of Congress Lecture (2011)

Given as a lecture at the Library of Congress, my main theme is that the...

 

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Climate Change and Arctic Governance: Three Images of a Changing Arctic, The World Oceans in Globalization: Climate Change, Sustainable Fisheries, Biodiversity, Shipping, Regional Issues (2011)
 

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North American Futures: Canadian & U.S. Perspectives, Managing The Arctic, University of California Berkeley - University of British Columbia Symposium (2010)

Presentation and discussion of issues relevant to balanced Arctic exploration, multilateral cooperation policy, growth and...

 

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Panel V Introductory Remarks: New Challenges - Arctic Marine Environment and Biodiversity, Changes in the Arctic Environment and the Law of the Sea (2010)
 

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THE OCEANS IN THE NUCLEAR AGE (with Harry N. Scheiber) (2010)

There are few moments which may be said to fundamentally alter the course of human...

 

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Arctic Boundaries and Climate Change: The Changing Concept of Space and Place in the Arctic and the Ensuing Battle of the International Community to Lay Claim, Sponsored by The American Society of International Law's International Environmental Law Interest Group & Global Commons Project of the Center for Law, Energy & the Environment University of California, Berkeley, School of Law (2009)
 

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Assessing the Impact of the Nuclear Age on the Oceans and its Legal Regime (with Harry N. Scheiber), The Oceans in the Nuclear Age (2009)
 

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The Oceans in the Nuclear Age: Challenges, Questions and Possibilities (with Harry N. Scheiber), The Oceans in the Nuclear Age (2009)
 

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Politics, Law and Three Images of the Arctic, PROCEEDINGS, 102TH ANNUAL MEETING OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW (2008)
 

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Stefan A. Riesenfeld, the Arctic and the Law of the Sea, DAJV Newsletter (2008)

In these remarks on what would have been the 100th birthday of Stefan A. Reisenfeld,...

 

OpenURL

Towards an Arctic Environmental Regime, OCEAN DEVELOPMENT AND INTERNATIONAL LAW (1993)
 

The Arctic, YEARBOOK OF INTERNATIONAL ENVIRONMENTAL LAW (1990)
 

Disasters - Humanitarian Relief

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The Claims of Two Gulfs, The Huffington Post (2010)

Kenneth Feinberg, the "claims czar" for the BP catastrophe in the Gulf, reportedly looks to...

 

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Catastrophes afflict poor the most, SAN FRANCISCO CHRONICLE (2005)
 

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Addressing Catastrophes: Conflicting Images of Solidarity and Self Interest, LES ASPECTS INTERNATIONAUX DES CATASTROPHES NATURELLES ET INDUSTRIELLES/ THE INTERNATIONAL ASPECTS OF NATURAL AND INDUSTRIAL CATASTROPHES (2001)
 

Emergency Disposal of Oil Spill Wastes in Northern and Central California, DISPOSAL OF OIL AND DEBRIS RESULTING FROM A SPILL CLEANUP OPERATION (1980)
 

International Environmental Law and Policy - Climate Change

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Climate Change and Arctic Governance: Three Images of a Changing Arctic, The World Oceans in Globalization: Climate Change, Sustainable Fisheries, Biodiversity, Shipping, Regional Issues (2011)
 

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The Profound Significance of the UNCC for the Environment, GULF WAR REPARATIONS AND THE UN COMPENSATION COMMISSION: ENVIRONMENTAL LIABILITY (2011)

In this Chapter, the experience of the UNCC with claims regarding the environment is told...

 

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The Claims of Two Gulfs, The Huffington Post (2010)

Kenneth Feinberg, the "claims czar" for the BP catastrophe in the Gulf, reportedly looks to...

 

Link

North American Futures: Canadian & U.S. Perspectives, Managing The Arctic, University of California Berkeley - University of British Columbia Symposium (2010)

Presentation and discussion of issues relevant to balanced Arctic exploration, multilateral cooperation policy, growth and...

 

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Panel V Introductory Remarks: New Challenges - Arctic Marine Environment and Biodiversity, Changes in the Arctic Environment and the Law of the Sea (2010)
 

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Assessing the Impact of the Nuclear Age on the Oceans and its Legal Regime (with Harry N. Scheiber), The Oceans in the Nuclear Age (2009)
 

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The Oceans in the Nuclear Age: Challenges, Questions and Possibilities (with Harry N. Scheiber), The Oceans in the Nuclear Age (2009)
 

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Climate Change, Sea Level Rise and the Coming Uncertainty in Oceanic Boundaries: A Proposal to Avoid Conflict MARITIME BOUNDARY DISPUTES, SETTLEMENT PROCESSES, AND THE LAW OF THE SEA, MARITIME BOUNDARY DISPUTES, SETTLEMENT PROCESSES, AND THE LAW OF THE SEA (2008)

Forthcoming

This Chapter focuses on how a rising sea level will create uncertainties as to...

 

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Politics, Law and Three Images of the Arctic, PROCEEDINGS, 102TH ANNUAL MEETING OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW (2008)
 

The Place of the Environment in International Tribunals, THE ENVIRONMENTAL CONSEQUENCES OF WAR: LEGAL, ECONOMIC AND SCIENTIFIC PERSPECTIVES (2000)
 

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The Place of the Environment in International Tribunals, “The First International Conference on Addressing the Environmental Consequences of War,” sponsored by The Smithsonian Institution (1998)
 

OpenURL

Towards an Arctic Environmental Regime, OCEAN DEVELOPMENT AND INTERNATIONAL LAW (1993)
 

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Protection of the Stratospheric Ozone Layer and the Structure of International Environmental Law Making, HASTINGS INTERNATIONAL AND COMPARATIVE LAW QUARTERLY (1991)

Selected for inclusion in 23 LAND USE & ENVIRONMENT LAW REVIEW (1992) at 681 706...

 

The Arctic, YEARBOOK OF INTERNATIONAL ENVIRONMENTAL LAW (1990)
 

Emergency Disposal of Oil Spill Wastes in Northern and Central California, DISPOSAL OF OIL AND DEBRIS RESULTING FROM A SPILL CLEANUP OPERATION (1980)
 

International Institutions and Governance - United Nations

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International Courts and Tribunals: Their Roles Amidst a World of Courts, The 2011 Lalive Lecture -- The Lalive Firm and the Graduate Institute (2011)
 

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Contemporary International Law Issues in the Asia Pacific: The Importance and Challenge of the Difference Between Principles and Rules in International Law, 2011 International Law Association Asia-Pacific Regional Conference Contemporary International Law Issues in the Asia Pacific: Opportunities and Challenges (2011)
 

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International Courts and Tribunals: Their Roles amidst a World of Courts, ICSID Foreign Investment law Journal (2011)
 

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Governance and Collective Legitimation in the New World Order, HAGUE YEARBOOK OF INTERNATIONAL LAW (1994)
 

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The Legitimacy of the Collective Authority of the Security Council, AMERICAN JOURNAL OF INTERNATIONAL LAW (1993)
 

History of International Law and Institutions

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From Babylon to Manhattan: A Brief Journey through the Evolution of Human Rights, 2048: Drafting the Future of Human Rights (2008)
 

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Louis Henkin’s Integrity, Brilliance and ‘Felicity of Expression’: Remarks on his Receipt of the 2003 Stefan A. Riesenfeld Prize, BERKELEY JOURNAL OF INTERNATIONAL LAW (2004)

Remarks on the Awarding of the 2003 Stefan A. Riesenfeld Award to Louis Henkin

 

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Wheaton's Elements -- Notes from the Editor, HENRY WHEATON, ELEMENTS OF INTERNATIONAL LAW (R. H. Dana, Jr., ed. 1866) (1991)
 

War - Use of Force - Terrorism

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A Pre-emptive Pardon for Those Who Tortured Could Backfire (with Ariel Meyerstein), LOS ANGELES DAILY JOURNAL and SAN FRANCISCO DAILY JOURNAL (2009)
 

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If Afghanistan has Failed, Then Afghanistan is Dead: ‘Failed States’ and the Inappropriate Substitution of Legal Conclusion for Political Description, THE TORTURE DEBATE IN AMERICA (2005)

A Bush Administration memorandum argued that the Geneva Conventions did not apply in Afghanistan because...

 

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The Reconstruction of Iraq: Dealing with Debt, U.C. DAVIS JOURNAL INTERNATIONAL LAW & POLICY (2004)
 

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Choice and Duty in Foreign Affairs: The Reflagging of the Kuwaiti Tankers, THE IRAN IRAQ WAR: LESSONS FOR STRATEGY, DIPLOMACY & LAW (1990)
 

Foreign Relations Law of the United States

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The Alien Tort Statute: An Overview of the Current Issues (with Richard M. Buxbaum), Berkeley Journal of International Law (2010)

This introductory essay seeks to capture the range of questions that exist concerning the ATS...

 

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The United States and the 1982 Law of the Sea Treaty, 12 ASIL INSIGHT, Issue 4 (with Harry N. Scheiber) (2007)

This ASIL Insight examines the possible ratification of the 1982 Law of the Sea Treaty...

 

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If Afghanistan has Failed, Then Afghanistan is Dead: ‘Failed States’ and the Inappropriate Substitution of Legal Conclusion for Political Description, THE TORTURE DEBATE IN AMERICA (2005)

A Bush Administration memorandum argued that the Geneva Conventions did not apply in Afghanistan because...

 

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The Reconstruction of Iraq: Dealing with Debt, U.C. DAVIS JOURNAL INTERNATIONAL LAW & POLICY (2004)
 

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Choice and Duty in Foreign Affairs: The Reflagging of the Kuwaiti Tankers, THE IRAN IRAQ WAR: LESSONS FOR STRATEGY, DIPLOMACY & LAW (1990)
 

Reconciling Domestic Principles and International Cooperation, LAW OF THE SEA: U.S. POLICY DILEMMA (1983)
 

Human Rights

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The Alien Tort Statute: An Overview of the Current Issues (with Richard M. Buxbaum), Berkeley Journal of International Law (2010)

This introductory essay seeks to capture the range of questions that exist concerning the ATS...

 

Link

From Babylon to Manhattan: A Brief Journey through the Evolution of Human Rights, 2048: Drafting the Future of Human Rights (2008)
 

Rule of Law

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The Independence and Impartiality of Legal Systems, World Arbitration & Mediation Reports (2011)

As lawyers, we often focus on the independence and impartiality of a judge or of...

 

No subject area

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Introductory Remarks to the Panel entitled "New Horizons and Mechanisms: International Law, Trade and Investment", 60 Years in International Law: Seminar in Honour of Sir Elihu Lauterpacht CBE QC LLD (2011)
 

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Book Reviews and Libel Proceedings (with Lori F. Damrosch, Bernard H. Oxman, and Richard B. Bilder), American Journal of International Law (2010)
 

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Stefan A. Riesenfeld, the Arctic and the Law of the Sea, Joint Assembly of the Deutsch-Amerikanische Juristen-Vereinigung and the International Association of Boalt Alumni (2008)
 

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Politics, Law and Images of the Arctic, Panel on "Polar Politics: Change in the Arctic, " 102nd Annual Meeting of the American Society of International Law -- "The Politics of International Law" (2008)
 

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Dedication, Issues in Legal Scholarship (2005)