Development International Law – Part 12

Development International Law – Part 12 in the United States

117
INTERNATIONAL LEGAL DEVELOPMENT: THE “COMPLEX PROBLEM” OF CUSTOMS LAW AND ADMINISTRATIVE REFORM IN CENTRAL AMERICA
Commentary by David A. Gantz
Southwestern Journal of International Law
Volume 12, Number 2, 2006    p.215 LAW JOURNAL / LAW REVIEW

118
The Duty to Protect and the Reform of the United Nations — A New Step in the Development of International Law?
Hilpold, Peter
Max Planck Yearbook of United Nations Law
Volume 10, 2006    p.35 LAW JOURNAL / LAW REVIEW

119
International law through the lens of Zaoui: Where is New Zealand at?
Claudia Geiringer
Public Law Review
Volume 17, Number 4, December 2006    p.300 LAW JOURNAL / LAW REVIEW
The New Zealand legal system is becoming increasingly receptive to international law as a source of influence on judicial decision-making. This article uses the Supreme Court of New Zealand’s recent decision in Zaoui v Attorney-General (No 2) [2006) 1 NZLR 289; (2005) 7 HRNZ 860; [2005] NZSC 38 as a window into this development. It explores, in particular, the deployment of international law by the New Zealand courts in the process of statutory construction, both with and without the express invitation of Parliament to do so. It also offers some reflections on likely future directions in the light both of the recent establishment of a Supreme Court of New Zealand and of the departure of Sir Kenneth Keith from the New Zealand judiciary

120
THE LONG MARCH TO BINDING OBLIGATIONS OF TRANSNATIONAL CORPORATIONS IN INTERNATIONAL HUMAN RIGHTS LAW
Danwood Mzikenge Chirwa
South African Journal on Human Rights
Volume 22, Part 1, 2006    p.76 LAW JOURNAL / LAW REVIEW
States are no longer the sole source of human rights violations. In the context of increasing economic globalisation, non-state actors — particularly transnational corporations (TNCs) — have assumed enormous powers which were once considered to fall within the exclusive preserve of the state. As a result, it has become increasingly difficult for states to regulate and control these actors to ensure that they do not commit human rights violations or that they are held accountable for those violations. The UN Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights (UN Norms) adopted in 2003 by the UN Sub-Commission for the Protection and Promotion of Human Rights are the most significant step the international community has taken towards developing binding human rights standards for TNCs. Development of the UN Norms was motivated by the need to fill the vacuum created by lapses in the operation of the doctrine of state responsibility and gaps in the implementation of voluntary corporate guidelines or codes. Relying on the experience of earlier efforts to develop human rights standards for corporations and their effectiveness, this article argues that the idea of human rights would risk losing its vitality if the UN Norms were to be adopted by the UN General Assembly as a voluntary mechanism and without meaningful enforcement mechanisms.

121
Creditor participation in insolvency proceedings — towards the adoption of international standards
Professor Roman Tomasic
Insolvency Law Journal
Volume 14, Number 3, September 2006    p.173 LAW JOURNAL / LAW REVIEW
Effective creditor participation in insolvency proceedings has been widely seen as an essential feature of any well-developed insolvency administration system. This notion has been expressed in different ways in national systems of insolvency law, ranging from principles such as the pari passu rule and the conduct of creditor meetings to decide matters of importance in the insolvency proceedings, to the role of insolvency representatives in such proceedings. The last decade has seen the emergence of a number of multilateral efforts to more clearly articulate insolvency norms or “best practice” guidelines; these have included such outcomes as the Asian Development Bank’s 2000 Good Practice Standards, the World Bank and International Monetary Fund’s 2005 draft Principles for Effective Insolvency and Creditor Rights Systems and the monumental 2004 UNCITRAL Legislative Guide on Insolvency Law. The emergence of these multilateral statements has recognised the regional and global significance of insolvency laws and the role that they play in providing a foundation for a market economy. This article examines the creditor participation standards evident in this body of international best practice norms. Ultimately, it is argued that creditor participation in insolvency is an essential element in a rule of law based market economy.

122
American Participation in the Development of the International Academy of Comparative Law and Its First Two Hague Congresses
David S. Clark
American Journal of Comparative Law
Volume 54, Supplement, Fall 2006    p.1 LAW JOURNAL / LAW REVIEW


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