“Review and Reconsideration”: In Search of a Just Standard of Review for Violations of Article 36 of the Vienna Convention on Consular Relations

M. Todd Parker

Parker’s article explores the United States’ continuing violations of Article 36 of the Vienna Convention on Consular Relations. State courts have failed to provide a remedy for violations of Article 36, which provides foreign detained nationals the right to contact and meet with his or her consulate, by finding such violations to be harmless error. Parker argues that rethinking the harmless-error standards currently applied to such Article 36 violations can solve this problem. © M. Todd Parker

Juggling Counter-Terrorism and Trade, the APEC Way: APEC’s Leadership in Devising Counter-Terrorism Measures in Compliance with International Trade Norms

Jaemin Lee

The Asian Pacific Economic Cooperation (“APEC”) faces the daunting task of creating open and prosperous economies while developing effective and legally legitimate counter-terrorism measures. Lee’s paper calls attention to international trade norms with respect to the APEC’s future counter-terrorism discussion to in hopes that this will aid APEC and its member economies to adopt more durable and effective counter-terrorism measures. © Jaemin Lee

Can Antitrust Law Control E-commerce? A Comparative Analysis in Light of U.S. and E.U. Antitrust Law

Andreas Kirsch and William Weesner

Kirsch and Weesner’s article explores the legal implications of the burgeoning e-commerce movement and its concomitant centralization of reselling. The article addresses contractual limitations, anti-trust implications, and international legal problems that may arise as a result of this further centralization of e-commerce. © Andreas Kirsch and William Weesner

Human Rights Accountability of the IMF and the World Bank: A Critique of Existing Mechanisms and Articulation of a Theory

Namita Wahi

Wahi addresses the World Bank and the IMF’s appropriation of debtor countries public decision-making power through the coercive use of conditionality arrangements. Wahi postulates that such coercion can result in severe deprivations of basic international human rights for which the World Bank and IMF must be accountable. This article argues that the horizontal application of rights employed in liberal democratic constitutional orders should be extended to powerful non-state actors like the World Bank and IMF. © Namita Wahi

Pritikin Prize
International Commercial Arbitration as Appellate Review: NAFTA’s Chapter 11, Exhaustion of Local Remedies and Res Judicata

Benjamin Klafter

Klafter’s article evaluates arbitral tribunals convened under Chapter 11 of the North American Free Trade Agreement (NAFTA). Klafter explores how these tribunals, intended to secure the investment environment, remove barriers to investment, and provide investment dispute settlements, have resolved such disputes. In doing so, Klafter identifies several problems that have arisen under the current Chapter 11 regime. © Benjamin Klafter