DOCSLIB.ORG

Some Legal Considerations for E.U. Based Mnes Contemplating High-Risk Foreign Direct Investments in the Energy Sector After Kiobel V

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Some Legal Considerations for E.U. Based Mnes Contemplating High-Risk Foreign Direct Investments in the Energy Sector After Kiobel V South Carolina Journal of International Law and Business Volume 9 Article 4 Issue 2 Spring 2013 Some Legal Considerations for E.U. Based MNEs Contemplating High-Risk Foreign Direct Investments in the Energy Sector After Kiobel v. Royal Dutch Petroleum and Chevron Corporation v. Naranjo Jeffrey A. Van Detta John Marshall Law School Follow this and additional works at: https://scholarcommons.sc.edu/scjilb Part of the International Law Commons Recommended Citation Van Detta, Jeffrey A. (2013) "Some Legal Considerations for E.U. Based MNEs Contemplating High-Risk Foreign Direct Investments in the Energy Sector After Kiobel v. Royal Dutch Petroleum and Chevron Corporation v. Naranjo," South Carolina Journal of International Law and Business: Vol. 9 : Iss. 2 , Article 4. Available at: https://scholarcommons.sc.edu/scjilb/vol9/iss2/4 This Article is brought to you by the Law Reviews and Journals at Scholar Commons. It has been accepted for inclusion in South Carolina Journal of International Law and Business by an authorized editor of Scholar Commons. For more information, please contact [email protected]. SOME LEGAL CONSIDERATIONS FOR E.U.- BASED MNES CONTEMPLATING HIGH- RISK FOREIGN DIRECT INVESTMENTS IN THE ENERGY SECTOR AFTER KIOBEL V. ROYAL DUTCH PETROLEUM AND CHEVRON CORPORATION V. NARANJO Jeffrey A. Van Detta* INTRODUCTION In a two-year span, two major multinational enterprises (MNEs) in the energy-sector—Chevron and Royal Dutch Petroleum—have experienced the opposite ends of a similar problem: The impact of civil litigation risks on foreign direct investments.1 For Chevron, it was the denouement of a two-decade effort to defeat a corporate campaign that Ecuadorian residents of a polluted oil-exploration region waged against it since 1993 and its predecessor, Texaco, first in the U.S. federal courts, then in the Ecuadorian courts.2 After putting all of its litigation resources into ousting the jurisdiction of U.S. courts through a forum non * Professor of Law & Associate Dean for Scholarship, Atlanta’s John Marshall Law School (AJMLS), Atlanta, Georgia. Associate Dean Van Detta teaches courses in both International Business Transactions and International Civil Litigation. He expresses his appreciation to the Miami Business Law Review for permission to adapt for this article portions of his article, Politics and Legal Regulation in the International Business Environment: An FDI Case Study of Alstom, S.A., in Israel, 21 MIAMI BUS. L. REV. 1 (2013). He also expresses his appreciation to the incredibly talented Michael Lynch, Mary Wilson, Mark Durbin, Morteza Parvin, and Susan Risher of the Michael J. Lynch Library at AJMLS, whose tireless reference, acquisition, and inter-library loan assistance to faculty is invaluable. The author dedicates this article to the memory of the late Dean John E. Ryan (1937–2008). 1 See, e.g., Christopher A. Whytock, The Chevron-Ecuador Case: Three Dimensions of Complexity in Transnational Dispute Resolution, 106 AM.SOC’Y INT’L L. 425 (2012). 2 Judith Kimberling, Indigenous Peoples and the Oil Frontier in Amazonia: The Case of Ecuador, Chevron-Texaco, and Aguinda v. Texaco, 38 N.Y.U. J. INT’L.L. &POL. 413 (2006). 162 SOUTH CAROLINA JOURNAL OF [Vol. 9.2 INTERNATIONAL LAW &BUSINESS conveniens dismissal conditioned on Chevron submitting to litigation in Ecuador, 3 Chevron’s odyssey through the Ecuadorian court system resulted in a $19 billion judgment, 4 which Chevron has fought as hard against in the Southern District of New York as it once did in that same court to get into Ecuador5—only to have the Second Circuit rebuff Chevron’s effort to use New York’s enactment of the Uniform Foreign Money Judgment Recognition Act (UFMJRA)6 as a sword rather than a shield and the U.S. Supreme Court decline to take up the case.7 3 Jeffrey A. Van Detta, Justice Restored: Using a Preservation-of- Court-Access Approach to Replace Forum Non Conveniens in Five International Product-Injury Cases, 24 NW.J.INT’L L. & BUS. 53, 96–98 (2003); Jennifer K. Rankin, Note, U.S. Laws in the Rainforest: Can a U.S. Court Find Liability for Extraterritorial Pollution Caused by a U.S. Corporation? An Analysis of Aguinda v. Texaco, Inc., 18 B.C. INT’L & COMP.L.REV. 221, 223–24 (1995). As another commentator described the impact of oil exploration and exploitation: The boom of the petroleum industry was also not without environmental and human costs, which have led to the instant lawsuit. Estimates place pipeline spills at 16.8 million gallons of crude oil emptying into the Amazon River Basin. Additionally, almost 30 billion gallons of toxic by-products of the petroleum extraction were released into the environment. Lisa Lambert, Case Note, At the Crossroads of Environmental and Human Rights Standards: Aguinda v. Texaco, Inc. Using the Alien Tort Claims Act to Hold Multinational Corporate Violators of International Laws Accountable in U.S. Courts, 10 J. TRANSNAT’L L. & POL’Y 109, 113 (2000) (footnotes omitted) (noting that “an unpublished study's preliminary findings state the overall rate of cancer in the Oriente [where oil exploration and exploitation occurred] is 2.3 times higher than residents of Ecuador's capital, Quito”). 4 Charles N. Brower & Diane Brown, From Pinochet in The House of Lords to the Chevron/Ecuador Lago Agrio Dispute: The Hottest Topics in International Dispute Resolution, 26 PAC.MCGEORGE GLOBAL BUS.&DEV. L.J. 1, 27–31 (2013). 5 Compare Jota v. Texaco, Inc., 157 F.3d 153 (2d Cir. 1998), and Sequihua v. Texaco, Inc., 847 F. Supp. 61 (S.D. Tex. 1994), with Chevron Corp. v. Donziger, 768 F. Supp. 2d 581 (S.D.N.Y. 2011), rev’d sub nom., and Chevron Corp. v. Naranjo, 667 F.3d 232 (2d Cir. 2012), cert. denied, 133 S. Ct. 423 (2012). 6 N.Y. C.P.L.R. §§ 5301–5309. While New York’s law is an enactment of the Uniform Foreign Money Judgment Recognition Act (UFMJRA), promulgated by the Uniform Law Commissioners in 1962, the 2013] SOME LEGAL CONSIDERATIONS FOR EU-BASED 163 MNES CONTEMPLATING HIGH-RISK FOREIGN DIRECT INVESTMENTS IN THE ENERGY SECTOR AFTER KIOBEL V.ROYAL DUTCH PETROLEUM AND CHEVRON CORPORATION V.NARANJO For Royal Dutch Petroleum, a litigation odyssey started after victims and families of victims of torture, extrajudicial—and even judicially-sanctioned—killing in the Niger delta filed lawsuits in the U.S. federal courts. It all but came to an end—simply awaiting transmission of the appellate mandate—after the U.S. Supreme Court ruled that 28 U.S.C. § 1350 (the Alien Tort Statute) did not apply extraterritorially to alleged torts “in violation of the law of nations” that are alleged to have transpired “outside the United States.”8 These cases hold lessons for both outside and in-house corporate counsel, yet they also deserve further scrutiny and integration into the business decision-making process that underlies foreign direct investments. This is particularly true for companies located in the euro zone today, which are challenged truly to “think outside of the box” 9 —and outside of the European Union 10 —in structuring New York Legislature in 1970 denominated the law as the “Uniform Foreign Country Money-Judgment Recognition Act,” which is in fact the title of a new 2005 uniform law that New York has yet to adopt. Compare Uniform Law Commission, Foreign-Country Money Judgments Recognition Act, available at http://www.uniformlaws.org/ActSummary.asp x?title=Foreign-Country%20Money%20Judgments%20Recogniti on%20Act, with Naranjo, 667 F.3d at 234, 239–40 and N.Y. C.P.L.R. § 5301 (captioned “Recognition of Foreign Country Money Judgments”), § 5309 (“This article may be cited as the “Uniform Foreign Country Money- Judgments Recognition Act.”). Unfortunately, the usually astute Professor David Siegel did not comment upon this anomaly in his PRACTICE COMMENTARIES, N.Y. C.P.L.R. § 5301, C53101:1 (2013), and even the astute Chief Judge of the New York Court of Appeals has not picked up on the anomaly. See Galliano, S.A. v. Stallion, Inc., 15 N.Y.3d 75, 79–80, 904 N.Y.S.2d 683, 930 N.E.2d 756 (2010). 7 Chevron Corp. v. Naranjo, 133 S. Ct. 423 (2012). 8 Kiobel v. Royal Dutch Petroleum, 133 S. Ct. 1659, 1660 (2013). 9 See Patrick R. Hugg, Redefining the European Union's Position in the Emerging Multipolar World: Strong Global Leadership Potential, Restrained by Asymmetry of Power and Dissonant Voices, 20 TUL.J.INT’L & COMP. L. 145 (2011); Inese Vaidere, The Impact of Regional and Cohesion Policy on the Economic Development of the EU, ISSN 1822–8402 European Integration Studies, No. 5 (2011), available at http://www.eis.ktu.lt/ index.php/EIS/article/view/1092/1168; Daniel Daianu, Euro Zone Crisis and EU Governance: Tackling a Flawed Design and Inadequate Policy 164 SOUTH CAROLINA JOURNAL OF [Vol. 9.2 INTERNATIONAL LAW &BUSINESS international growth from a now suddenly unstable home base. 11 Thus, the time is ripe to re-consider how E.U.-based multinationals might modify their decision-making templates for identifying and undertaking opportunities for foreign direct investment (FDI), 12 while tempering that perspective with an analysis of the potential for litigation over certain kinds of FDI—whether in the courts of the United States or in tribunals elsewhere. Effective evaluation of FDI requires more than the application of business modeling and economic theory. 13 It requires critical evaluation of legal issues raised not only under the regulatory environment of the host state, but also under the legal system of the FDI investor’s home state, and third-states to which the FDI investor has substantial connections. This inquiry is both inductive and Arrangements, CASE Network Studies and Analyses No.
Load more

Recommended publications
  • Wanting, Not Waiting
    WINNERSdateline OF THE OVERSEAS PRESS CLUB AWARDS 2011 Wanting, Not Waiting 2012 Another Year of Uprisings SPECIAL EDITION dateline 2012 1 letter from the president ne year ago, at our last OPC Awards gala, paying tribute to two of our most courageous fallen heroes, I hardly imagined that I would be standing in the same position again with the identical burden. While last year, we faced the sad task of recognizing the lives and careers of two Oincomparable photographers, Tim Hetherington and Chris Hondros, this year our attention turns to two writers — The New York Times’ Anthony Shadid and Marie Colvin of The Sunday Times of London. While our focus then was on the horrors of Gadhafi’s Libya, it is now the Syria of Bashar al- Assad. All four of these giants of our profession gave their lives in the service of an ideal and a mission that we consider so vital to our way of life — a full, complete and objective understanding of a world that is so all too often contemptuous or ignorant of these values. Theirs are the same talents and accomplishments to which we pay tribute in each of our awards tonight — and that the Overseas Press Club represents every day throughout the year. For our mission, like theirs, does not stop as we file from this room. The OPC has moved resolutely into the digital age but our winners and their skills remain grounded in the most fundamental tenets expressed through words and pictures — unwavering objectivity, unceasing curiosity, vivid story- telling, thought-provoking commentary.
    [Show full text]
  • Re-Arranging Deck Chairs on the Titanic
    \\server05\productn\H\HHL\5-1\HHL101.txt unknown Seq: 1 4-MAY-05 12:06 5 HOUS. J. HEALTH L. & POL’Y 1–73 1 R Copyright 2005 Jennifer S. Bard, Houston Journal of Health Law & Policy ISSN 1534-7907 RE-ARRANGING DECK CHAIRS ON THE TITANIC: WHY THE INCARCERATION OF INDIVIDUALS WITH SERIOUS MENTAL ILLNESS VIOLATES PUBLIC HEALTH, ETHICAL, AND CONSTITUTIONAL PRINCIPLES AND THEREFORE CANNOT BE MADE RIGHT BY PIECEMEAL CHANGES TO THE INSANITY DEFENSE Jennifer S. Bard* Anyone who has spent any time in the criminal justice system—as a defense lawyer, as a district attorney, or as a judge—knows that our treatment of criminal defendants with mental disabilities has been, forever, a scandal. Such defendants receive substandard counsel, are treated poorly in prison, receive disparately longer sentences, and are regularly coerced into confessing to crimes * Associate Professor of Law, Texas Tech University School of Law, Lubbock Texas; J.D., Yale Law School, 1987; M.P.H., University of Connecticut, 1997; A.B., Wellesley College, 1983. This work grew out of an invitation to give the second Nordenberg Lecture at the University of Pittsburgh Law School in October 2002, where I had the honor of Chancellor Nordenberg’s presence at the lecture. I very much appreciate the questions and comments following the lecture, which informed this article. Thank you also to Professor Elyn Saks, Orrin B. Evans Professor of Law, Psychiatry and Behavioral Sciences, University of South- ern California Law School, who read a late draft and made many helpful comments; Donna Vickers of the University of Texas Medical Branch; and to my primary research assistant at Texas Tech Law School, Kristi Ward ’05, for her invaluable contributions to the project.
    [Show full text]
  • 1 Keith J. Hand
    KEITH J. HAND 200 McAllister St. San Francisco, CA 94019 Office: 415-565-4865 Email: [email protected] PROFESSIONAL EXPERIENCE UNIVERSITY OF CALIFORNIA, HASTINGS COLLEGE OF THE LAW Associate Professor of Law: January 2009 – January 2014 Professor of Law: January 2014 – Present Director, East Asian Legal Studies Program: January 2015 – Present Research Focus Legal reform in the Greater China, with particular attention to constitutional law; criminal justice; citizen efforts to use the law to promote legal, social, and political change; and the role and development of China’s procuratorate. Courses Taught Chinese Law and Legal Institutions (formerly Introduction to Chinese Law), China and the International Legal Order, Legal Reform in East Asia, Contracts, Criminal Procedure Distinctions 2015 UC Hastings Board of Directors Visionary Service Award 2015 Founder of UC Hastings East Asian Legal Studies Program (with Professor Setsuo Miyazawa) 2014 UC Hastings Foundation Faculty Award for Scholarship 2011–2013 Public Intellectuals Program Fellow at the National Committee on U.S.-China Relations YALE LAW SCHOOL, THE CHINA LAW CENTER, New Haven, CT and Beijing, China Senior Fellow and Lecturer-in-Law (New Haven): October 2005 – July 2006 Senior Fellow (Beijing): July 2006 – July 2007 Senior Fellow and Beijing Director: July 2007 – July 2008 Managed the Center’s Beijing operations; designed, negotiated, and executed cooperative legal reform projects with leading Chinese law schools, courts, and legislative institutions, including the Supreme People’s Court, the State Council Legislative Affairs Office, and the National People’s Congress Legislative Affairs Commission; and conducted research on constitutional and judicial reform issues. During the 2005-2006 year, jointly taught Yale Law School’s Workshop on Chinese Legal Reform.
    [Show full text]
  • The Garment Industry in Bangladesh: a Human Rights Challenge
    Journal of Business & Economic Policy Vol. 2, No. 4; December 2015 The Garment Industry in Bangladesh: A Human Rights Challenge Peter Stanwick Auburn University Department of Management Sarah Stanwick Auburn University School of Accountancy Abstract The purpose of this paper is to present a case study of the working conditions in the garment industry in Bangladesh. This case study describes past and current unsafe working conditions in the garment industry from the perspective of violations of human rights. Factors that are discussed in the case study include: the high incidence of injuries on the job by the workers, the very low wage rate of the workers, the lack of payment of wages to the workers, the use of gender discrimination, air quality issues in the factories, the lack of safety features in the factories, and the response of the garment industry to external stakeholders. Keywords: Human Rights; Bangladesh; Garment Industry. The Industry Bangladesh boasts some of the highest population density in the world with more than 164 million people living in the country. Of those 164 million, approximately 4.0 million people were employed in the garment industry in 2010 (ACCORD, 2015). In a country where poverty and overpopulation abound, the garment industry faces many human rights challenges. Due to favorable trade policies implemented by the government of Bangladesh in the early 1980s, textile manufacturing has skyrocketed in the country. When these policies were first introduced, there were approximately 50 textile factories were manufacturing garments and employing a few thousand workers. By 2000, there were over 3,000 factories which employed 1.8 million workers and generated total exports of over $6.4 billion US.
    [Show full text]
  • UC San Diego UC San Diego Electronic Theses and Dissertations
    UC San Diego UC San Diego Electronic Theses and Dissertations Title Moral pressure : American democracy and Chinese human rights Permalink https://escholarship.org/uc/item/4b27r7kp Author Chan, Stephanie Tze-Hua Publication Date 2011 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California UNIVERSITY OF CALIFORNIA, SAN DIEGO Moral Pressure: American Democracy and Chinese Human Rights A dissertation submitted in partial satisfaction of the requirements for the degree Doctor of Philosophy in Sociology by Stephanie Tze-Hua Chan Committee in charge: Professor Richard Madsen, Chair Professor John Evans Professor Daniel Hallin Professor Susan Shirk Professor John Skrentny 2011 Copyright Stephanie Tze-Hua Chan, 2011 All rights reserved. The Dissertation of Stephanie Tze-Hua Chan is approved, and it is acceptable in quality and form for publication on microfilm and electronically: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (Chair) University of California, San Diego 2011 iii To my parents iv “Then you will understand what is right, just, and fair, and you will find the right way to go. For wisdom will enter your heart, and knowledge will fill you with joy.” Proverbs 2:9-10 v TABLE OF CONTENTS Signature Page
    [Show full text]
  • Adjudicative Justice in a Diverse Mass Society Jack B
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Brooklyn Law School: BrooklynWorks Journal of Law and Policy Volume 8 | Issue 2 Article 1 2000 Adjudicative Justice in a Diverse Mass Society Jack B. Weinstein Follow this and additional works at: https://brooklynworks.brooklaw.edu/jlp Recommended Citation Jack B. Weinstein, Adjudicative Justice in a Diverse Mass Society, 8 J. L. & Pol'y (2000). Available at: https://brooklynworks.brooklaw.edu/jlp/vol8/iss2/1 This Article is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Journal of Law and Policy by an authorized editor of BrooklynWorks. ADJUDICATIVE JUSTICE IN A DIVERSE MASS SOCIETY Jack B. Weinstein* INTRODUCTION Over the years, associating with scores of law clerks and thousands of students, lawyers, and judges, I have been amazed and humbled in observing the altruistic devotion to human welfare that exudes from the hearts of so many as they enter the legal profes- sion. Our duty of public service, particularly to the less privileged, is based on more than personal satisfaction. The protected status and virtual monopoly of lawyers as actors within the adjudicatory system comes with an implied promise to work for the public good. In a larger sense, this obligation is founded upon the recogni- tion that each of us stands on the shoulders of 10,000 generations. While, of course, personal achievement should be recognized, it was the fool of ancient times who is quoted in Deuteronomy as saying that in his heart, "[m]y power and the might of my hand hath gotten me this wealth."' What we have done, we have done because of all that was done by others before us.
    [Show full text]
  • Business Ethics MSB 287 a & B (3 Credits) King's College, Winter
    Business Ethics MSB 287 A & B (3 credits) King’s College, Winter/Spring 2017 Dr. Bernard G. Prusak Associate Professor of Philosophy Director, McGowan Center for Ethics and Social Responsibility Office: McGowan 203 Office hours: MWF 11:00 a.m.-12:00 p.m. and by appointment [email protected]; extension 5689 Class meeting time and location: MWF 9:00-9:50 a.m. and 10:00-10:50 a.m., McGowan 109 Course description Examination of the vocation and moral context of business; critical reflection, through engagement with the philosophical and Catholic traditions, on how to make a living and live well; and extended consideration of issues and problems that arise in contemporary business settings. Prerequisite: Core 280. Course objectives By the end of this course, students should have: developed familiarity with several theories of morality and the basic principles of the Catholic social tradition; become more proficient at recognizing, formulating, and addressing moral problems in the business context; developed the capacity to implement ethical decisions; and begun to develop an answer, for themselves, of what moral and spiritual values they want to live out in making a living. McGowan School of Business Mission Statement This course directly serves the mission of the McGowan School of Business. To quote (emphasis added): The William G. McGowan School of Business seeks to develop in its students the professional knowledge and skills needed to function successfully in the dynamic environments of business with a commitment to exercising their professional responsibilities in an ethical and socially responsible manner in a global marketplace. 1 Learning Goals The delivery of our business education program is guided by the following learning outcomes: A student graduating from the William G.
    [Show full text]
  • Pulitzer Prize Winners and Finalists
    WINNERS AND FINALISTS 1917 TO PRESENT TABLE OF CONTENTS Excerpts from the Plan of Award ..............................................................2 PULITZER PRIZES IN JOURNALISM Public Service ...........................................................................................6 Reporting ...............................................................................................24 Local Reporting .....................................................................................27 Local Reporting, Edition Time ..............................................................32 Local General or Spot News Reporting ..................................................33 General News Reporting ........................................................................36 Spot News Reporting ............................................................................38 Breaking News Reporting .....................................................................39 Local Reporting, No Edition Time .......................................................45 Local Investigative or Specialized Reporting .........................................47 Investigative Reporting ..........................................................................50 Explanatory Journalism .........................................................................61 Explanatory Reporting ...........................................................................64 Specialized Reporting .............................................................................70
    [Show full text]
  • Trump's Foreign Policies Are Better Than They Seem
    Council Special Report No. 84 April 2019 Trump’s Foreign Policies Are Better Than They Seem Robert D. Blackwill The Council on Foreign Relations (CFR) is an independent, nonpartisan membership organization, think tank, and publisher dedicated to being a resource for its members, government officials, business executives, journalists, educators and students, civic and religious leaders, and other interested citizens in order to help them better understand the world and the foreign policy choices facing the United States and other countries. Founded in 1921, CFR carries out its mission by maintaining a diverse membership, with special programs to promote interest and develop expertise in the next generation of foreign policy leaders; convening meetings at its headquarters in New York and in Washington, DC, and other cities where senior government officials, members of Congress, global leaders, and prominent thinkers come together with Council members to discuss and debate major international issues; supporting a Studies Program that fosters independent research, enabling CFR scholars to produce articles, reports, and books and hold roundtables that analyze foreign policy issues and make concrete policy recommendations; publishing Foreign Affairs, the preeminent journal on international affairs and U.S. foreign policy; sponsoring Independent Task Forces that produce reports with both findings and policy prescriptions on the most important foreign policy topics; and providing up-to-date information and analysis about world events and American foreign policy on its website, CFR.org. The Council on Foreign Relations takes no institutional positions on policy issues and has no affiliation with the U.S. government. All views expressed in its publications and on its website are the sole responsibility of the author or authors.
    [Show full text]
  • TABLE of CONTENTS ARTICLES Politics and Legal Regulation in The
    \\jciprod01\productn\M\MIB\21-1\toc211.txt unknown Seq: 1 1-APR-13 14:31 TABLE OF CONTENTS ARTICLES Politics and Legal Regulation in the International Business Environment: An FDI Case Study of Alstom, S.A., in Israel JEFFREY A. VAN DETTA ..................................... 1 “Package Deal”: The Curious Relationship Between Fiduciary Duties and the Implied Covenant of Good Faith and Fair Dealing in Delaware Limited Liability Companies MONICA E. WHITE ......................................... 111 “Comply Or Explain”—A Flexible Mechanism to Countervail Behavioral Biases in M&A Transactions GERRIT M. BECKHAUS ..................................... 183 \\jciprod01\productn\M\MIB\21-1\ms211.txt unknown Seq: 2 1-APR-13 14:31 The UNIVERSITY OF MIAMI BUSINESS LAW REVIEW, (the “Review”) publishes submitted articles and student notes and com- ments on legal issues arising in any field related to business. These areas include, but are not limited to, corporation, tax, antitrust, banking, securities regulation, bankruptcy, environmental, sports, insurance, and labor law. Authors seeking publication can submit their articles electronically in Microsoft Word UNIVERSITY OF MIAMI format to the following email SCHOOL OF LAW address: [email protected] 1311 MILLER DR. .edu or through the ExpressO ROOM D334 Submission Service. Alternatively, CORAL GABLES, FLA. 33124-8087 authors may submit printed manu- scripts to the address listed herein. Footnotes should conform to the (305) 284-6885 19th edition of The Bluebook: A Uniform System to Citation, published by the Harvard Law Review Association. THE REVIEW, formerly the Business Law Journal, (ISSN 1047- 2819) is published two times annu- Publication Agreement ally by the students of the Univers- No.
    [Show full text]
  • NO MORE EXCUSES WATCH a Roadmap to Justice for CIA Torture
    HUMAN RIGHTS NO MORE EXCUSES WATCH A Roadmap to Justice for CIA Torture No More Excuses A Roadmap to Justice for CIA Torture Copyright © 2015 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-62313-2996 Cover design by Rafael Jimenez Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org NOVEMBER 2015 978-1-62313-2996 No More Excuses A Roadmap to Justice for CIA Torture Summary ........................................................................................................................................ 1 Methodology .................................................................................................................................
    [Show full text]
  • On the Brink. Prospects for US-DPRK Settlement Dim Again
    Volume 6 | Issue 5 | Article ID 2745 | May 03, 2008 The Asia-Pacific Journal | Japan Focus On the Brink. Prospects for US-DPRK Settlement Dim Again Tim Beal On the Brink. Prospects for US-DPRK and ability to attract foreign investment. The Settlement Dim Again US was also to provide its share of ‘economic, energy and humanitarian assistance up to the Tim Beal equivalent of’ one million tons of heavy fuel oil. For its part the DPRK was to ‘dismantle’ its Every time it looks as if US-DPRK negotiations Yongbyon reactor and associated facilities — are on the verge of a breakthrough someone in the source for the plutonium for its nuclear Washington throws a spanner in the works. weapons — and ‘provide a complete and This is what happened in 2005 as the Chinese correct declaration of all its nuclear programs.’ were forcing through the Joint Statement of 19 It also ‘reaffirmed its commitment not to September which seemed to put thetransfer nuclear materials, technology, or negotiations, under the aegis of the Six Party know-how.’ [4] Talks, on a course for a successful resolution. The US Treasury designated the Macau bank According to American reports, the DPRK used by North Korean entities (and British moved with such alacrity to disable the companies and joint ventures in DPRK), Banco Yongbyon reactor that there were concerns for Delta Asia, as a “Primary Money Laundering safety and the Koreans were asked to slow Concern under USA PATRIOT Act”. [1] down. [5] American officials also expressed Although the allegations were subsequently satisfaction with the high level of cooperation discredited, partly through the investigative they were receiving from the Koreans.
    [Show full text]