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New York International Law Review NEW YORK STATE BAR VOL. 30, NO. 2 SUMMER 2017 INTERNATIONAL SECTION VOL. 31, NO. 1 WINTER 2018 One Elk Street Albany, N. Y. 12207-1002 New York International Law Review NEW YORK STATE BAR ASSOCIATION INTERNATIONAL SECTION NEW YORK INTERNATIONAL LAW REVIEW Summer 2017/Winter 2018 Vol. 30, No. 2/Vol. 31, No. 1 NEW YORK STATE BAR ASSOCIATION INTERNATIONAL SECTION © 2018 New York State Bar Association ISSN 1050-9453 (print) ISSN 1933-849X (online) TABLE OF CONTENTS SUMMER 2017 ARTICLES The Tribunal Secretary in International Arbitrations ............................................... 1 Francisco Blavi, Gonzalo Vial A Bridge Too Rigid: A Comparative Study of American and German Constitutional Rigidity.......................................................................................... 17 Tyler J. Smith NOTE Looters and Traffickers and Destroyers, Oh My: Criminals Must Be Held Liable For Violating Jus Cogens and Prosecuted by the International Criminal Court....... 33 Laina Boris RECENT DECISIONS Puerto Rico v. Sanchez-Valle.................................................................................... 63 Danielle Connolly Republic of the Marshall Islands v. United States ...................................................... 69 Michael Joseph Maestracci v. Helly Nahmad Gallery........................................................................ 79 Carina Vitucci WINTER 2018 ARTICLES Beyond “Sex Slaves” and “Tiny Terrorists”: Toward a More Nuanced Understanding of Human Trafficking Crimes Perpetrated by Da’esh............................................... 1 Caroline Fish (2017 Pergam Award Winner) A New Exception to the Autonomy Principle for Standbys and Letters of Credit? The Negative Stipulation Heresy and the Creation of Commercial Uncertainty in Australia ................................................................................................................ 21 Richard Q. Sterns (2017 Pergam Award Runner-Up) NOTE Patently Obvious: Why the United Kingdom’s Participation in the Unified Patent Court & the Unitary Patent in a Post-Brexit Regime will be Beneficial for UK Citizens ................................................................................................................. 39 Erin Seery CASE SUMMARY Data Protection Commissioner v. Facebook Ireland Ltd. ........................................... 61 Quentin Alexandre RECENT DECISIONS Thai-Lao Lignite Co. v. Government of the Lao People's Democratic Republic ............ 67 Ipek Basaran Water Splash, Inc. v. Menon .................................................................................... 77 Joshua Lahijani NEW YORK INTERNATIONAL LAW REVIEW Summer 2017 Vol. 30, No. 2 NEW YORK STATE BAR ASSOCIATION INTERNATIONAL SECTION © 2018 New York State Bar Association ISSN 1050-9453 (print) ISSN 1933-849X (online) TABLE OF CONTENTS ARTICLES The Tribunal Secretary in International Arbitrations ............................................... 1 Francisco Blavi, Gonzalo Vial A Bridge Too Rigid: A Comparative Study of American and German Constitutional Rigidity.......................................................................................... 17 Tyler J. Smith NOTE Looters and Traffickers and Destroyers, Oh My: Criminals Must Be Held Liable For Violating Jus Cogens and Prosecuted by the International Criminal Court....... 33 Laina Boris RECENT DECISIONS Puerto Rico v. Sanchez-Valle.................................................................................... 63 Danielle Connolly Republic of the Marshall Islands v. United States ...................................................... 69 Michael Joseph Maestracci v. Helly Nahmad Gallery........................................................................ 79 Carina Vitucci INTERNATIONAL SECTION Vice-Chairs/CLE Andrew D. Otis, Curtis Mallet-Prevost Colt & Mosle OFFICERS—2017–2018 LLP Chair 101 Park Avenue, Nancy M. Thevenin New York, NY 10178-0061 87-37 164th Street, No. 2 [email protected] Jamaica, NY 11432 Vice-Chair/Co-Chair, Publications Editorial Board [email protected] Torsten M. Kracht, Hunton & Williams LLP Chair-Elect/CIO 2200 Pennsylvania Avenue NW William H. Schrag, Thompson Hine LLP Washington, DC 20037 335 Madison Avenue [email protected] New York, NY 10017 Vice-Chairs/Cuba [email protected] Oliver J. Armas, Hogan Lovells US LLP Executive Vice-Chair 875 Third Avenue Diane E. O’Connell, PricewaterhouseCoopers LLP New York, NY 10022 90 Park Avenue [email protected] New York, NY 10016 A. Thomas Levin, Meyer, Suozzi, English & Klein PC [email protected] 990 Stewart Avenue, Suite 300 Senior Vice-Chairs P.O. Box 9194 Jay L. Himes, Labaton Sucharow LLP Garden City, NY 11530 140 Broadway [email protected] New York, NY 10005 Vice-Chair/Diversity [email protected] Kenneth G. Standard, Epstein Becker & Green, P.C. Diane E. O’Connell, PricewaterhouseCoopers LLP 250 Park Avenue 300 Madison Avenue, 11th Fl. New York, NY 10177 New York, NY 10017 [email protected] [email protected] Vice-Chair/Domestic Chapters Gerald J. Ferguson, BakerHostetler Benjamin R. Dwyer, Nixon Peabody LLP 45 Rockefeller Plaza, New York, NY 10111 40 Fountain Plaza, Suite 500 [email protected] Buffalo, NY 14202 [email protected] Secretary Edward K. Lenci, Hinshaw & Culbertson LLP Vice-Chair/Internships 800 3rd Avenue, 13th Fl. Ross J. Kartez, Lazare Potter & Giacovas LLP New York, NY 10022 875 Third Avenue, 28th Floor [email protected] New York, NY 10022 [email protected] Tre a s u re r Lawrence E. Shoenthal, Weiser Mazars LLP Vice-Chair/Liaison U.S. State Bar 6 Dorothy Drive International Sections Spring Valley, NY 10977 Michael W. Galligan, Phillips Nizer LLP [email protected] 666 Fifth Avenue, 28th Fl. New York, NY 10103-5152 Vice-Chair/Awards [email protected] Paul M. Frank, Hodgson Russ LLP 605 3rd Avenue, 23rd Fl. Vice-Chair/Liaison w/International Law Society New York, NY 10158 Nancy M. Thevenin [email protected] 87-37 164th Street, No. 2 Jamaica, NY 11432 Vice-Chairs/International Chapters [email protected] Marco Amorese, AMSL Avvocati Via Zelasco, 18 Vice-Chair/Liaison w/American Bar Ass’n 24122 Bergamo, Italy Mark H. Alcott, Paul, Weiss, Rifkind, Wharton [email protected] & Garrison LLP 1285 Avenue of the Americas, 28th Fl. Peter Bouzalas, Blaney McMurtry LLP New York, NY 10019-6064 2 Queen Street East, Suite 1500 [email protected] Toronto, ON M5C 3G5, Canada [email protected] Vice-Chair/Liaison w/ International Bar Ass’n Steven H. Thal Hernan Pacheco-Orfila, Pacheco Coto Attorneys at Law 530 East 76th Street, Apt. 27CD 6610-1000 New York, NY 10021 San Jose, 01000, Costa Rica [email protected] [email protected] Vice-Chair/Liaison w/NY City Bar Ass’n Eduardo Ramos-Gomez, Duane Morris LLP Margaret E. McGuinness, St. John's Univ. School of Law 1540 Broadway 8000 Utopia Parkway New York, NY 10036 Jamaica, NY 11432 [email protected] [email protected] NEW YORK INTERNATIONAL LAW REVIEW Vice-Chair/Liaison w/Union of International Ass’ns Neil A. Quartaro, Watson Farley & Williams LLP Pedro Pais De Almeida, Abreu & Associadios 250 West 55th Street Vat No. 503.009.482, Av. Das Forcas Armadas, 125 - 12 11th Floor Lisbon, Portugal New York, NY 10019 [email protected] [email protected] Vice-Chairs/Membership Alternate Delegate to House of Delegates Allen E. Kaye, Pollack Pollack Isaac & DeCicco LLP Glenn G. Fox, Baker & McKenzie LLP 225 Broadway, Ste 307 452 Fifth Ave, New York, NY 10018 New York, NY 10007 [email protected] [email protected] Jay G. Safer, Wollmuth Maher & Deutsch LLP 500 5th Avenue New York, NY 10110 [email protected] New York International Law Review Max J. Shterngel, U.S. District Court, E.D.N.Y. Editorial Board 22 North 6th Street, Apt. 17B Brooklyn, NY 11249 Editor-in-Chief [email protected] Jennifer Ismat 176-26 80th Road Vice-Chairs/Microfinance and Financial Inclusion Jamaica, NY 11432 Azish Eskandar Filabi, Ethical Systems/NYU Stern [email protected] 44 West 44th Street New York, NY 10012 Vice-Chair/Co-Chair [email protected] Torsten M. Kracht, Hunton & Williams LLP Julee Lynn Milham 2200 Pennsylvania Avenue NW PO Box 66504 Washington, DC 20037 Saint Petersburg, FL 33736 [email protected] [email protected] Vice-Chair/Seasonal Meeting Gonzalo M. Cornejo Francois F. Berbinau, BFPL Avocats Eric B. Epstein 10 Square Beaujon Charles K. Fewell, Jr. 75008 Paris, France Ronald David Greenberg [email protected] Kathleen R. Gutman John Hanna, Jr. Vice-Chair/Special Projects-Rapid Response Jeffrey M. Herrmann Jonathan P. Armstrong, Cordery Jaipat Singh Jain 30 Farringdon Street, 2nd Floor Cary M. Jensen London EC4a 4hh, UK Prof. Cynthia C. Lichtenstein [email protected] Louise Martin Valiquette Vice-Chair/Sponsorship Marcia Lisette Nordgren Mark F. Rosenberg, Sullivan & Cromwell LLP Juergen R. Ostertag 125 Broad Street, New York, NY 10004-2498 Michael J. Pisani [email protected] Meryl P. Sherwood Delegates to House of Delegates Marea M. Suozzi Gerald J. Ferguson, BakerHostetler Andrea J. Vamos-Goldman 45 Rockefeller Plaza, New York, NY 10111 Merrie J. Webel [email protected] Andrew G. Weiss NEW YORK INTERNATIONAL LAW REVIEW Advisory Editorial Board Editor-in-Chief Jennifer Ismat Board Members Joshua Alter Mark Meyer Christina Corcoran George K. Miller Nishith M. Desai Reginald Monteverdi James P. Duffy Christina Tsesmelis Marty Flaherty Alexander Greenawalt Robert Howse Kevin
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