U.S. districts courts have been increasingly faced with international cases that involve foreign litigants and foreign conduct. Despite an abundance of doctrinal analyses on the U.S. Supreme Court's decisions involving extraterritorial civil jurisdiction, there are abysmally few empirical...

International insolvency proceedings uniquely require coordination among a number of national courts to preserve the value of multinational corporations that have become financially distressed. The Model Law on Cross-Border Insolvency provides a structure for recognition of foreign insolvency...

Free Trade Agreements between developed countries now frequently contain provisions on investor protection, but the resolution of disputes remains problematic. Chapter 11 of the North American Free Trade Agreement (NAFTA) allows investors to bring direct claims against a host State before an...

This chapter was presented at a conference in Dublin on the (then) new Rome I Regulation of the European Union in the fall of 2009. It contrasts the Rome I rules on party autonomy with those in the United States. In particular, it considers the rules in the Rome I Regulation that ostensibly...

It is frequently said that the United States has a paradoxical human rights policy. This Article takes a closer look at this vision from the perspective of U.S. engagement with international human rights treaty bodies, the quasi-adjudicatory expert committees or commissions that exercise...

This is an assessment of China and U.S. litigation against each other in the WTO from 2001 through 2010. It discloses the active and aggressive nature of litigation between these two countries. It indicates an almost flawless continuation of Bush era policies by the Obama administration. If...

This survey of recent developments includes reports on the new Rotterdam Rules intended to govern claims of damage or loss for goods carried by sea under bills of lading and new Institute Cargo Clauses for use in policies of marine insurance. Reports are also offered on the cases of Transfield...

Maritime policy analysts often invoke the 'vessel safety net' metaphor to explain the independent but overlapping risk management roles and responsibilities of the vessel master and crew, owner and charterer, operating company, classification society, flag state and port states. Oil spills from...