In July 2010 the International Court of Justice rendered its Advisory Opinion on the legality of Kosovo's declaration of independence and the Constitutional Court of Spain
rendered an opinion concerning the autonomy of Catalonia. Two very different cases, from very different places, decided by very different courts. [...]
(Excerpt) The six sets of considerations examined in this Article take such variety into account and focus on factors that are meaningful for all disputes, though in different
proportions. The minimum requirement for the purpose of such considerations is that the dispute relies on a disagreement in fact and in law, not merely in fact. [...]
What effect should rulings of international courts have in domestic courts? In the U.S., debate has centered on a series of rulings by the International Court of Justice (ICJ)
on the application of the Vienna Convention on Consular Relations (VCCR). The VCCR, a multilateral treaty that the United States ratified in 1969, grants foreign [...]
(Excerpt) Comity is a common law legal principle that allows U.S. courts to afford deference to foreign judgments. Comity is utilized as a basis for granting extraterritorial
effect to judgments of foreign courts. This principle plays an integral role in a number of cross-border bankruptcy proceedings and has been adopted as a predominate [...]
(Excerpt) On December 19, 2005, the International Court of Justice (ICJ) issued its final judgment in the Case Concerning Armed Activities on the Territory of the Congo (Democratic
Republic of the Congo v. Uganda). The Court held that the armed activities of Uganda in the Democratic Republic of Congo ("DRC") between August 1998 and June 2003 [...]
(Excerpt) This Article explores these questions and more with respect to the current role the government is playing in three corporations—Bank of America, General Motors,
and Citigroup— and the relevant issues raised within corporate law. Specifically, this Article discusses whether boards of directors may have acted in such a way [...]
[EN] In today's global marketplace, banking organizations have greatly expanded the scope and complexity of their activities and face an ever changing and increasingly complex
regulatory environment. Furthermore, due to the consumer credit crisis, several high profile compliance breakdowns, and increased emphasis on consumer protection, [...]
[EN] The constitutional principles of Financial and Taxation Law provide the framework and legal structure in which the different tax regulations must coexist. The principles
of generality and equality are a clear example of the principles set out in Article 31.1 of the Spanish Constitution or Constitucion Espanola (EC) which a fair tax [...]