I'm grateful to Professor Ochoa for her thoughtful contribution. By way of reply to her post, I want to mention a couple of issues that I think are difficult puzzles for those of us who write in this area. First, I particularly like Professor Ochoa's suggestion that I include information about corruption and governance when assessing whether a SWF should be...
[Christiana Ochoa is Associate Professor of Law at the Maurer School of Law at Indiana University Bloomington] I would like to supplement, rather than critique Patrick Keenan’s contribution to our deepening interest in and knowledge of sovereign wealth funds. For those of you who have not read the article, I recommend it. In it, you will find a chart presenting the...
OK, it only violates international trade law obligations, but that's not nothing! Specifically, the stimulus package recently passed by the U.S. House of Representatives contains a number of "buy American" requirements for the purchase of steel by recipients of the stimulus. The EU is already getting set to challenge these provisions at the WTO, if they make it into U.S....
(Update: In addition to thanks to our commentators, I want to flag in particular the extended version of Euan Macdonald's comments over at the global administrative law blog. And thanks to David Zaring, as well, for his comments over at The Conglomerate blog. Very interesting reactions - check them out.) Well, I think it is an on-going debate, anyway! I was...
We appreciate Professor Huang’s comments, especially his praise, of course. We probably do not differ with his view that much. We do not believe that the AML will easily become effective – its enforcement in many areas is likely to suffer setbacks, given the looming turf battles that the AML Enforcement Agency (AMLEA) is likely to have with existing economic...
[Huang Yong is Professor of Law at the University of International Business and Economics in Beijing, China. Professor Huang is also one of the drafters of China’s Antimonopoly Law.] On the question of whether China’s Antimonopoly Law (AML) should regulate administrative monopolies – and whether it can effectively do so – Professors Mehra and Meng have given us an affirmative answer...
Economics Professor William Easterly of NYU has launched "Aid Watch," a new blog that is "just asking that aid benefit the poor." Check out Easterly's inaugural post in which he takes on World Bank President Robert Zoelleck's recent request for a stimulus package for the world. Whether you agree or disagree with Easterly's "tough love" approach to international aid and...
I am very grateful to Oliver Gerstenberg for commenting on my paper. As always, Oliver’s illuminating comments go to the heart of the matter. His defense of a minimalist approach to the ECJ offers an alternative to the presumably “maximalist” proposal I defend in my article. I accept this label for the purpose of our exchange. At one level, Oliver...
[Dr. Oliver Gerstenberg is Reader in Law at the University of Leeds. Dr. Gerstenberg is one of the leading scholars in this field.] Would the European Court of Justice (ECJ), as Vlad Perju suggests, benefit from a “discursive turn” (338); brought about by “allow[ing] its members to enter separate opinions” (309); in an effort to “politicize” EU law (327)—with the long-term...
I am unclear as to one thing in the Executive Order issued by President Obama regarding interrogation practices. The text of the Executive Order is here. It provides that the CIA must conform to the Army manual with respect to interrogation techniques, but says (bold-face added): (b) Interrogation Techniques and Interrogation-Related Treatment. Effective immediately, an individual in the custody or under...
NPR's Fresh Air with Terry Gross has a great interview with P.W. Singer of Brookings (and coordinator of the Obama campaign's Defense Policy Task Force) about his new book concerning battlefield robots, Wired for War. Ken and others have written extensively about the use of battlefield robots on this blog and elsewhere, so I won't re-hash the various legal, moral,...
Yesterday Barack Obama signed an Executive Order directing an immediate review of al-Marri's status. "The Review shall expeditiously determine the disposition options with respect to al-Marri and shall pursue such disposition as is appropriate." So what should the Supreme Court do with the al-Marri case now? As I noted earlier this month, Obama essentially has the choice...
