As we celbrate the 40th Anniversary of the Apollo 11 moon landing, it brings to mind that state of space programs and of space law. Space law has long been the preserve of public international law, with the Outer Space Treaty, the Moon Treaty, and the International Space Station (ISS) Agreement. However, the rise of commercial space ventures is providing much...
Following-up on my recent post on assessing systemic bias in international investment arbitration, readers may be interested in a recent article by Susan Franck of Washington & Lee University entitled Development and Outcomes of Investment Treaty Arbitration. Here's the abstract: The legitimacy of investment treaty arbitration is a matter of heated debate. Asserting that arbitration is unfairly tilted toward the developed world,...
[Kenneth L. Gartner is a partner with Lynn & Gartner in Mineola, New York and an adjunct professor at Touro Law School. He has served as a New York State District Court judge] The classic formulation of the basic premise underlying the Arab-Israeli “peace process” is “land for peace.” Its proponents thus categorize the so-called peace process as...
I want to quickly point to a post from late last month at EJIL: Talk! that I just recently came across. Tolga Yalkin considered the argument that international investment arbitration as a system is fundamentally biased. Considering arguments set out by Professor M. Sornarajah of the University of Singapore, Yalkin wrote: Sornarajah advanced the proposition-enjoying increasing purchase in the international legal community-that bilateral and...
I am going to be on lite-blogging status for a while, due to a pinched nerve and muscle tear caused - everyone please take careful note - not by my athletic and extreme sports lifestyle, but by bad ergonomic habits at the keyboard. Let me assure you, at this moment you do not want to be me. However, while spending my...
The Economist has a short article discussing EU proposals for financial regulation reform, in the July 4, 2009 issue, "Divided by a Common Market." The article is not persuaded that EU regulatory reforms, divided on at least two fundamental matters, will get very far, very soon: The EU remains riven by two deep divides on the regulation of finance. The first is...
Thomas Barnett has pointed out a map in Business Week that is coded for the sovereign bond rating of each country (the map is a click-through from this page). What Barnett calls the "Old Core" (the U.S., Canada, western Europe, etc.) tend to have the highest ratings, the "New Core" (Brazil, Russia, India, China and other rising powers) have the...
Update, July 3, 2009. The Economist of July 4, 2009 has a useful, short article on the EU's proposals for reforming global finance, "Divided by a Common Market." I will put up a separate post with some excerpts from the piece.) I spent the plane flights back and forth to Prague over the weekend mostly reading, uninterrupted and straight through, the...
Most of us now know that it's important to recycle stuff. And there's a lot of stuff to recycle beyond the morning newspaper -- glass bottles, plastic containers, clothing, batteries, concrete blocks, timber, and, yes, even ships. But how we recycle may prove just as important as what we recycle. Or at least that's the premise of the recently concluded International Maritime...
Seed Magazine has an interesting roundtable discussion about whether or not conflicts over fresh water are a significant threat to international stability (and whether water shortages are even a cause of war). The introduction to the discussion notes the case being made that water shortages have been and will increasigly be a source of violent conflict: In 2007 an 18-month study of...
Last week, I blogged about my recent symposium contribution, examining what role the Executive plays in U.S. state agreements with foreign governments, whether national or sub-national in character. Since then, I've posted a much bigger piece that's forthcoming in the Texas Law Review -- Unpacking the Compact Clause (you can download it here). Building on my earlier work, this article examines actual...
The Bulletin of the Atomic Scientists has a provocative essay by Brian Weeden critiquing the idea that the U.S. should sign on to a treaty banning the weaponization of space. The author's point is not so much that he thinks there should be unregulated military use of space, but rather whether a treaty is the best way to go about...
