The flow of capital to developing countries is important to the welfare of billions of people, and a lack of capital continues to be one of the major obstacles to development around the world. Development countries, aware of the importance of capital, are eager to attract this sort of investment...

The question of expropriation is at the heart of modern foreign investment law, yet remains an area of great uncertainty and ambiguity. Neither treaty law nor existing jurisprudence provides clarity on the questions of when government action amounts to an expropriation or what to do if does.This...

This paper analyzes the effects of the legal rules governing transnational bankruptcies. We compare a regime of territoriality' -- in which assets are adjudicated by the jurisdiction in which they are located at the time of the bankruptcy -- with a regime of universality are adjudicated in a...

This paper analyzes the effects of the legal rules governing transnational bankruptcies. We compare a regime of quot;territorialityquot; - in which assets are adjudicated by the jurisdiction in which they are located at the time of the bankruptcy - with a regime of quot;universality,quot; in...

This paper analyzes the effects of the legal rules governing transnational bankruptcies. We compare a regime of territoriality' -- in which assets are adjudicated by the jurisdiction in which they are located at the time of the bankruptcy -- with a regime of universality are adjudicated in a...

This article considers the role of customary international law (CIL) in a world in which the treaty has become the predominant instrument of international legal cooperation. Far from rendering CIL irrelevant, the article argues that the increased use of more formal, institutionalized legal...

This paper argues that regulators should embrace international regulatory competition. Specifically, it advocates the adoption of a regime termed quot;portable reciprocity.quot; Under such a regime, a firm would be able to issue its securities under the laws of any country and, regardless of...

The benefits of overseas outsourcing have come at a cost. Americans enjoy unprecedented levels of safety and security in the domestically-produced goods they use, food and drugs they ingest, and services they employ. Yet as U.S. firms offer better price-quality combinations by contracting with...

In well-functioning domestic legal systems, courts provide a mechanism through which commitments and obligations are enforced. A party that fails to honor its obligations can be hauled before a court and sanctioned through seizure of person or property. The international arena also has courts...