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Lessons From A Small And Troubled Country: Bosnia’S Struggling Judiciary Paints An Ominous Picture For The Future Of The Rule Of Law In The United States, David Pimentel
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
The Right To Food Comes To America, Wendy Heipt
The Right To Food Comes To America, Wendy Heipt
Journal of Food Law & Policy
The people of Maine recently exercised an opportunity no citizen of this country has ever had before: the ability to vote on whether to enshrine a right to food in their state constitution. This Essay provides an overview of Maine’s experience with food rights in order to explain how the state came to occupy this unique position.
Trademarks, Gis, And Commercial Aspects Of Wine Distrubtion Agreements, Sarah A. Hinchliffe
Trademarks, Gis, And Commercial Aspects Of Wine Distrubtion Agreements, Sarah A. Hinchliffe
Journal of Food Law & Policy
The marketing of goods under geographical names has always been common. In addition to introducing commercial facets of wine distribution agreements, this article discusses the justifications, principles and, policies that lie behind the protection of geographical indications (GIs) for wine on an international level as well as in the Old World and, to a lesser degree, in the New World. The scope and shape of the GI system will then be scrutinized in light of its own justifications and in the light of its impact on international trade, intellectual property, and agricultural policy.
Choosing The Partnership: English Business Organization Law During The Industrial Revolution, Ryan Bubb
Choosing The Partnership: English Business Organization Law During The Industrial Revolution, Ryan Bubb
Seattle University Law Review
For most of the period associated with the Industrial Revolution in Britain, English law restricted access to incorporation and the Bubble Act explicitly outlawed the formation of unincorporated joint stock companies with transferable shares. Furthermore, firms in the manufacturing industries most closely associated with the Industrial Revolution were overwhelmingly partnerships. These two facts have led some scholars to posit that the antiquated business organization law was a constraint on the structural transformation and growth that characterized the British economy during the period. Importantly, however, the vast majority of manufacturing firms in the modern sector were partnerships. An easy explanation for …
The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites
The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites
Brooklyn Journal of International Law
On September 18, 2014, Scottish voters decided whether to sever the 307 years of unity between Scotland and the United Kingdom in an independence referendum. While the voters ultimately rejected independence, the process by which the Scots accomplished this historic exercise will inform further democratic secession movements.
This Note examines the significant implications of Scotland’s independence referendum by assessing the history of independence referendums and the present scope of relevant international law. The formative history of the independence referendum and modern precedential examples established the requirements for democratic secession. In turn, the Scottish independence referendum, in the context of evolving …
Filling The Gap Between Morality And Jurisprudence: The Use Of Binding Arbitration To Resolve Claims Of Restitution Regarding Nazi-Stolen Art , Rebecca Keim
Pepperdine Dispute Resolution Law Journal
Recognizing the gaps in existing legislation, this article will argue that disputes arising between claimants and museums regarding the repatriation of Nazi-looted artwork should be decided by binding arbitration rather than litigation. To facilitate such arbitration, international law should support the creation of an arbitration commission, which would provide the most efficient and consistent way to resolve claims. Moreover, a neutral forum with clear rules of law and procedure capable of resolving claims would not only be more fair to claimants, but also to museums and personal collectors. This article will first discuss the severity and magnitude of Nazi looting …
The Wane In Spain (Of Universal Jurisdiction): Spain's Forgetful Democratic Transition And The Prosecution Of Tyrants, James J. Friedberg
The Wane In Spain (Of Universal Jurisdiction): Spain's Forgetful Democratic Transition And The Prosecution Of Tyrants, James J. Friedberg
West Virginia Law Review
No abstract provided.
Transnational Adoption And European Immigration Politics: Producing The National Body In Sweden, Barbara Yngvesson
Transnational Adoption And European Immigration Politics: Producing The National Body In Sweden, Barbara Yngvesson
Indiana Journal of Global Legal Studies
This article explores the role of transnational adoption in the production of a multicultural but Swedish national body during the second half of the twentieth and the first decade of the twenty-first century, when Sweden became a multiethnic, multicultural, and racially divided country. I examine the development of international adoption policies in the 1970s, 1980s, and 1990s, emphasizing the erasure of the child's connection to a preadoptive past, even as the child's cultural difference was celebrated in adopting nations. In Sweden, which in the late 1970s and early 1980s had the world's highest adoption ratio (number of transnational adoptions per …
Nato At Sixty: American Between Law And War, Mary Ellen O'Connell
Nato At Sixty: American Between Law And War, Mary Ellen O'Connell
Indiana Journal of Global Legal Studies
NATO was founded to counter the Soviet Union and the Warsaw Treaty Organization. Both have been gone for over twenty years. So why is NATO still here? Part of the explanation may lie in Americans' strong belief in the efficacy of military force. NATO remains associated in Americans' minds with the greatest time of U.S. military power. Yet, the United States also has a strong commitment to the rule of law. The country appears overdue for a return to this other commitment. We should not be surprised to soon see the United States promoting international law again-and that could mean …
The Ethical Case For European Legislation Against Fur Farming, Andrew Linzey
The Ethical Case For European Legislation Against Fur Farming, Andrew Linzey
Animal Law Review
In recent years, several member states in the European Union enacted legislation to regulate or prohibit fur farming. This article calls for further action to ban the practice throughout the European Union. The Author notes animals’ inabilities to protect their own interests and the role of law to protect these vulnerable interests. The Author concludes by responding to the objections of fur farming proponents, ultimately finding no legitimate justification for the documented suffering of animals raised on fur farms.
Assessing Legislative Restrictions On Constitutional Rights: The Russian Constitutional Court And Article 55(3), Peter Krug
Oklahoma Law Review
No abstract provided.
The World Trade Organisation Rules: A Legal Analysis Of Their Adverse Impact On Animal Welfare, Peter Stevenson
The World Trade Organisation Rules: A Legal Analysis Of Their Adverse Impact On Animal Welfare, Peter Stevenson
Animal Law Review
Mr. Stevenson analyzes the free trade rules of the World Trade Organisation and discusses their detrimental impact on certain measures designed to protect animals. Specifically, he discusses U.S. laws to safeguard dolphins and sea turtles, as well as proposed EU laws regarding leghold traps and cosmetic testing on animals. Mr. Stevenson provides an analysis of current WTO rule interpretation, identifies ways in which the rules should be reformed, and provides a less restrictive interpretation that would permit the existence of measures designed to improve animal welfare.
The European Union Data Privacy Directive And International Relations, Steven R. Salbu
The European Union Data Privacy Directive And International Relations, Steven R. Salbu
Vanderbilt Journal of Transnational Law
This Article explores the European Union Data Privacy Directive and its impact upon international relations. Part II provides a background upon which the Privacy Directive is built. In Part III, the Article confronts the differences between how the United States and its European counterparts address privacy issues generally. Part IV analyzes the Privacy Directive in detail, while Part V explores possible effects that the Privacy Directive might have on international relations.
Innocents Abroad: Opportunities And Challenges For The International Legal Adviser, Wayne J. Carroll
Innocents Abroad: Opportunities And Challenges For The International Legal Adviser, Wayne J. Carroll
Vanderbilt Journal of Transnational Law
This Article argues that some regulatory authorities have not successfully adapted to the internationalization of the practice of law. First, the Author attempts to define the terms "international legal adviser" and "international legal advice." Next, the Author compares the existing barriers to practice in the United States and the European Union. The Author goes on to outline recent challenges and changes to these barriers to practice, including international efforts such as the WTO and the IBA and local rules in the United States and the European Union. The Author then analyzes the adequacy of existing regulatory regimes with regard to …
A Noble Sacrifice? Jus Ad Bellum And The International Community's Gamble In Chechnya, Peter Daniel Dipaola
A Noble Sacrifice? Jus Ad Bellum And The International Community's Gamble In Chechnya, Peter Daniel Dipaola
Indiana Journal of Global Legal Studies
No abstract provided.
Service Of U.S. Punitive Damages Complaint Passes Constitutional Muster In Germany, Ingrid L. Lenhardt
Service Of U.S. Punitive Damages Complaint Passes Constitutional Muster In Germany, Ingrid L. Lenhardt
Vanderbilt Journal of Transnational Law
In today's global market, disputes between U.S. and foreign parties have become a common occurrence. Courts in the United States, as well as other nations, frequently face new and complex international litigation problems. A common problem for many courts centers on the practical, mechanical requirements of bringing a lawsuit.
In this Article, the author examines the service of process of U.S. complaints for punitive damages to residents of Germany. In particular, Ms. Lenhardt analyzes the recent German Constitutional Court's ruling on international service of process. In addition, the author reviews the requirements of the Hague Convention on Service Abroad and …
Book Review, Robert C. Effros
Book Review, Robert C. Effros
Vanderbilt Journal of Transnational Law
Mr. Crossick and Ms. Lindsay have collaborated to produce an analytical work entitled European Banking Law. The analysis is composed of four main sections: banking, credit, capital movement, and securities. Each section contains a description of the applicable major laws and regulations in the countries of the European Economic Community (EEC) as well as Portugal and Spain, and includes a summary of the relevant EEC directives and their supporting studies. On the whole, the authors' product is successful and useful, particularly in describing the EEC's attempts to accomplish the difficult task of harmonizing and coordinating banking and financial laws within …
Book Received, Law Library Staff
Book Received, Law Library Staff
Vanderbilt Journal of Transnational Law
Books Received
Aspects of the International Banking Safety Net
By G.G. Johnson, with Richard K. Abrams
Washington, D.C.: International Monetary Fund, 1983. Pp. v, 36. $5.00
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The Soviet Viewpoint
By Georgi Arbatov and Willem Oltmans
New York: Dodd, Mead, 1983. Pp. xviii, 219. $13.95
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The Law of Corporate Groups: Procedural Problems in the Law of Parent and Subsidiary Corporations
By Phillip I. Blumberg
Boston and Toronto: Little, Brown and Company, 1983. Pp. xxxii, 527. $65.00
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Iraq & Iran: Roots of Conflict
By Tareq Y. Ismael
Syracuse: Syracuse University Press, 1982. Pp. xii, 226. $24.00 cloth; $12.95 paper …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Casebook on Carriage by Sea.
By E.R. Hardy Ivamy
London: Lloyd's of London Press, 1982. Pp. xxxix, 203. £11.50.
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Casebook on Shipping Law
By E.R. Hardy Ivamy
London: Lloyd's of London Press, 1982. Pp. xxx, 205. £11.50.
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Regional Development Agencies in Europe
Edited by Douglas Yuill
Hampshire, England: Gower, 1982. Pp. vii, 449.$44.50.
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United States Trade Policy Legislation: A Canadian View
By Rodney de C. Grey
Montreal: The Institute for Research on Public Policy, 1982. Pp. xvii, 130. $7.95.
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Transfer of Technology: U.S. Multinationals and Eastern Europe
By Marilyn L. Liebrenz
New York: Praeger Publishers, 1982. …
Recent Development, Platte B. Moring, Iii
Recent Development, Platte B. Moring, Iii
Vanderbilt Journal of Transnational Law
While few commentators question the international status of the Community in relation to the Member States and those countries with which it has negotiated treaties, the question of whether the Common Market possesses a universally recognizable personality remains open. In determining the international status of the United Nations, the ICJ in the Reparations Case stated that fifty states, "representing the vast majority of the members of the international community, had the power in conformity with international law to bring into being an entity possessing an objective international personality and not only personality recognized by them alone. If this recognition standard …
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
THE MIDDLE EASTERN STATES AND THE LAW OF THE SEA
By Ali A.El-Hakim
Syracuse: Syracuse University Press, 1979. Pp. 293.Tables, maps, and international agreements.
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COMPLIANCE AND PUBLIC AUTHORITY: A THEORY WITH INTERNATIONAL APPLICATIONS
By Oran R. Young
Baltimore: Resources for the Future, 1979. Pp. 161.
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DOING BUSINESS WITH THE Russians
Under license from Westshore, Inc. New York: Praeger Publishers, 1978. Pp. 166.
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TAX LAW AND POLICY IN THE E.E.C.
By Alexander James Easson
London: Oceana Publications, 1980. Pp. 269. Tables of treaty provisions, secondary legislation, cases, and statistics.
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THE COLLAPSE OF WELFARE REFORM: POLITICAL INSTITUTIONS, POLICY …
Book Reviews, James B. Boskey, John Quigley
Book Reviews, James B. Boskey, John Quigley
Vanderbilt Journal of Transnational Law
Social Policy Harmonization in the European Community
John Holloway
England: Gower Publishing Co./Renouf, 1980. Pp.318. $27.00.
Reviewed by James B. Boskey
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Israel, the West Bank and International Law
Allan Gerson
Totowa, New Jersey, and London: Frank Cass & Co., 1978. Pp.285. $30.00
Reviewed by John Quigley
Charter 77 In Czechoslovakia And The International Protection Of Human Rights, Roger Errera
Charter 77 In Czechoslovakia And The International Protection Of Human Rights, Roger Errera
Vanderbilt Journal of Transnational Law
Charter 77 was published in Prague in early January, 1977. At that time the document contained 240 signatures, a number which increased by 1977 to over 600. This Charter marked the beginning of a new period in the political history of Czechoslovakia, a period of public affirmation of fundamental liberties. It is useful to recall briefly reactions to the publication of this document in the East and the West, and to analyze its profound significance. It is also important to examine the major events that have taken place since 1977 and the inspiration which Charter 77 derived from the United …
Books Received, C. C. S.
Books Received, C. C. S.
Vanderbilt Journal of Transnational Law
BOOKS RECEIVED
THE EXTENSION OF CORPORATE PERSONALITY IN INTERNATIONAL LAW By David A. Ijalaye
Dobbs Ferry, New York: Oceana Publications, 1978. Pp. 354.
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HUMAN RIGHTS AND THE SOUTH AFRICAN LEGAL ORDER
By John Dugard
Princeton: Princeton University Press, 1978. Pp. 470.
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INTERNATIONALE BANKEN: AUSLANDSAKTIVITXTEN VON BANKEN BE-DEUTENDER INDUSTRIELANDER
By Ursel Stueber
Hamburg: Verlag Weltarchiv, 1974 (1977 Supplement available). Pp. 204.
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INVESTMENT INCENTIVE PROGRAMS IN WESTERN EUROPE
By B. T.Mansbach and R. J. Waldman
Washington, D.C.: International Division, Chamber of Commerce of the United States, 1978.
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SECESSION: THE LEGITIMACY OF SELF-DETERMINATION
By Lee C. Buchheit
New Haven, …
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
AMERICAN CORPORATIONS AND PERUVIAN POLITICS
By Charles T.Goodsell
Cambridge, Mass.: Harvard University Press, 1974. Pp.vi, 272. $14.00.
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BRITISH INDUSTRY AND EUROPEAN LAW
Edited by George W. Keeton and S.N. Frommel
South Hackensack, N.J.: Fred B. Rothman & Co., 1974. Pp. xiv, 206. $17.50.
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BUSINESS TRANSACTIONS WITH THE U.S.S.R.
Edited by Robert Starr
ABA Press, 1975. Pp. xvii, 545. $30.00.
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CANADIAN PERSPECTIVES ON INTERNATIONAL LAW AND ORGANIZATION Edited by R. St. J. Macdonald, Gerald L. Morris and Douglas M.Johnston
Toronto: University of Toronto Press, 1974. Pp. xx, 972.$27.50.
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DAS EUROPA DER SIEBZEHN: BILANZ UND PERSPEKTIVEN VON 25 …
Book Notes, C. H. H., K. D. K.
Book Notes, C. H. H., K. D. K.
Vanderbilt Journal of Transnational Law
Until the Nuremburg Tribunal, international thought concerning human rights conformed to the idea that the guarantor of these rights was the national sovereign. With the birth of the United Nations and the Universal Declaration of Human Rights, the need for international guarantees of human rights within a state was formally recognized; that individuals have certain inalienable human rights is a proposition which few nations will dispute today. Furthermore, despite wide ideological differences, most states have found it possible to agree on the scope and consequences of man's fundamental freedoms.