Law Commons^™

Telecommunications Privatizations: An Overview, Thomas J. Casey, Simone Wu

UC Law SF International Law Review

No abstract provided.

Environmental Protection And Privatization: The Allocation Of Environmental Responsibility And Liability In Sale Transactions Of State-Owned Companies In Poland, Susan S. Cummings

UC Law SF International Law Review

Since 1988, Poland has made considerable progress in privatizing its state-owned enterprises. Among many problems involved in the privatization efforts are the issues of liability for environmental damages. Initially, environmental issues were not a central concern to government officials charged with privatization. But as privatization progressed and Western investors raised legitimate questions regarding allocation of environmental liabilities, the Polish government set out a mechanism for considering environmental issues. For example, the Ministry of Privatization and the Ministry of Environmental Protection created the Inter- Ministerial Environmental Unit to coordinate environmental issues in the context of capital privatization.

This Article provides the …

Charting The Future Of Historic Shipwreck Legislation In California: Application Of The English Model In The Salvage Of The Brother Jonathan, Robert Miller

UC Law SF International Law Review

Salvors and states have been locked in a battle over the salvage of historic shipwrecks. States are interested in protecting the archaeological significance of historic shipwrecks. Salvors, in contrast, are interested in finding treasure and bringing it to the surface by the most cost effective method possible. States wish to have claims to wrecks found in their waters litigated in state court. Salvors wish to be heard in the more liberal federal admiralty courts. In order to solve this problem, Congress adopted the Abandoned Shipwreck Act which vested title to abandoned wrecks in the states. However, this Act may be …

Regulation Of Intercountry Adoption: Can The Abuses Come To An End, Jorge L. Carro

UC Law SF International Law Review

Because the demand for adoptable children outweighs the supply, adopting parents are increasingly exploring intercountry adoption as an alternative. Unfortunately, numerous abuses have been reported in the process. Out of frustration, as well as national pride, the sending nations have started to react against those abuses, which at times have been real, but sometimes have been just fabricated, like the rumor that foreigners buy babies to use their vital organs for transplant. Locally, restrictive legislation has been enacted, and at the regional and international level, treaties and international conventions have been adopted. This Article examines these efforts with a critical …

Claims Of Indigenous Peoples To Cultural Property In Canada, Australia, And New Zealand, Theresa Simpson

UC Law SF International Law Review

Numerous national laws, international treaties, and commentators recognize the cultural import of cultural property both to the world as a whole and to source nations. Those laws control trade, provide for special protection in time of war, and even restrict the alienability of certain types of property. Despite this recognition of the non-economic value of some property, existing laws may not provide actual source cultures a means to protect their interest in their own cultural heritage. This Note examines national[ and international laws affecting cultural property of indigenous groups in Australia, Canada, and New Zealand, and argues for more effective …

Efficiency As Equity: Insights From Comparative Law And Economics, Ugo Mattei

UC Law SF International Law Review

No abstract provided.

International Regulation Of Commercial Whaling: The Consequences Of Norway's Decision To Hunt The Minke Whale, Martha Howton

UC Law SF International Law Review

In 1993 Norway announced its intention to resume commercial whaling despite an international whaling moratorium in effect since 1986. This moratorium has been rendered worthless by Norway's insistence that it is within its legal rights, and by the dependence of the International Whaling Commission on the United States to enforce the Commission's decisions. As other whaling countries make plans to follow Norway's lead, it is necessary to find a way to effectively regulate whaling before it results in the extinction of the great whales. This Note explores the background of the International Whaling Commission, analyzes the whaling moratorium and Norway's …

International Human Rights Law And Sexual Orientation, James D. Wilets

UC Law SF International Law Review

Recently, the U.N. Human Rights Committee unanimously ruled that Tasmania had violated the International Covenant on Civil and Political Rights by criminalizing same-gender sexual activity. The Committee based its ruling on both privacy and equal protection grounds.

This Article explores the interplay between international law and domestic laws of the world's nations regarding the fundamental human rights of sexual minorities. This Article analyzes this emerging legal and political dialectic by examining the domestic laws and constitutions of specific countries and the role of international and regional human rights systems in protecting the human rights of sexual minorities.

Authority, Community And The Civil Law Commentary: An Example From German Competition Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

Prometheus Born: Shaping The Relationship Between Law And Economic Conduct, David J. Gerber

All Faculty Scholarship

No abstract provided.

Russia's Wild East: Ecological Deterioration And The Rule Of Law In Siberia, Paul Stanton Kibel

Publications

Although there are now greater environmental protections on the Russian law books, these protections have so far done little to improve ecological conditions in Siberia. This article examines how the dramatic political and legal changes in Russia have affected Siberian nature conservation and environmental protection. More specifically, it seeks to explain why, despite the significant restructuring of political power and the increasingly open discussion of ecological issues, the Siberian environment continues to deteriorate. The article begins with an analysis of existing ecological and economic conditions in Siberia. It then considers how the legal legacy of the USSR has hindered recent …

Sub·Saharan Africa: Economic Stagnation, Political Disintegration, And The Specter Of Recolonization, Jon H. Sylvester

Publications

In 1992 I was awarded a Fulbright scholarship to teach in the Law School at the University of Nairobi during the 1992-1993 academic year. Since returning to the United States, whenever I am asked to describe the year and some of my experiences, I am tom between doing a travelogue and doing the report of a (very informal) fact-finding mission. The dilemma is this: On one hand, this was and could easily remain the adventure of my life-complete with breathtaking sights, endless anecdotes about people, local food, cultural idiosyncracies, and funny (some not-so-funny) things that happened. On the other hand, …

Problemi Dell'illecito: Superiorità Soggettive E Giudizio Sulla Colpa, Mauro Bussani

Mauro Bussani

A long-standing tenet of Western negligence law holds that the standard against which the defendant’s behavior should be evaluated is that of a ‘person without qualities’, a fictitious individual allegedly endowed with average knowledge, conventional musculature, ordinary reactions, commonplace skills, and normal intelligence and memory. This paper is based on a comparative analysis of Italian, French, and Anglo-American rules. Its aim is to challenge the ‘person without qualities’ standard, and to demonstrate its empirical, theoretical, and policy flaws when the defendant is a ‘super(wo)man’, that is, someone who, differently from the average (wo)man, is endowed with the physical/intellectual capabilities, the …

Faiblesse Oblige, Mauro Bussani

Mauro Bussani

A general principle of Western negligence law is that, whatever a person’s characteristics, (dis)abilities, strengths and weaknesses, his/her behavior should be judged against the standard of care expected from the ‘reasonable person’. The latter is a person allegedly endowed with average knowledge, conventional musculature, ordinary reactions, commonplace skills, and normal intelligence and memory – a ‘person without quality’. The aim of this paper is to offer comparative evidence to the fact that the ‘person without quality’ rule (ought not be, and) actually is not imposed upon below-average defendants – that is, persons who are weaker than the ‘reasonable person’, like …

Taiwan's Legal System And Legal Profession, Hungdah Chiu, Jyh-Pin Fa

Maryland Series in Contemporary Asian Studies

No abstract provided.

Book Review: Aids In The World, 16 Hous. J. Int'l L. 709 (1994), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.

Consumer Protection Laws In South America, Robert G. Vaughn

UC Law SF International Law Review

Since 1990, a number of South American countries have adopted comprehensive consumer protection codes. Several more South American countries are currently considering proposals for consumer protection statutes. This Article examines the development of consumer protection provisions in South America and reflects on the reasons giving rise to the recent explosion in such laws. The author evaluates the strengths and weaknesses of various approaches to consumer protection taken by these South American countries. The author argues that the increasing protections for consumers suggests a growing concern for human rights. Finally, the author explores the significance of this rapid growth in South …

Missiles With A Message: The Legality Of The United States Raid On Iraq's Intelligence Headquarters, John Quigley

UC Law SF International Law Review

In this Article, the author questions the legality of the U.S. missile attack on Iraq's intelligence headquarters in response to the alleged Iraqi attempt to assassinate former U.S. President George Bush. The author concludes that the U.N. Security Council abdicated its responsibility when it failed to investigate Iraq's complaint. While the United States, after the attack, asserted it had acted in self-defense, the author argues that the U.N. Charter's definition of self-defense requires that the initial armed attack upon the defending party actually occur against a state. In this instance, a foiled assassination plot is found by the author to …

Rudolf B. Schlesinger: Law Teacher Summa Cum Laude, Ray Forrester

UC Law SF International Law Review

No abstract provided.

Corporatization And Privatization Of State-Owned Enterprises: Some Australian Perspectives, Tony Greenwood, David Williamson, Jim Armitage, Gary Rumble

UC Law SF International Law Review

No abstract provided.

Studying Contemporary Chinese Law: Limits, Possibilities And Strategy, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

What can the study of Chinese law bring to the study of China itself? This Article first distills what we have learned. It reviews Chinese legal studies since their revival in the 1960s in the United States, where foreign studies of modem Chinese law has been most vigorous since the People's Republic of China ("PRC") was established. The major themes that emerged from research before the reform decade emphasized the politicization of law, the persistence of traditional cultural influences and the impact of bureaucratic practice on current institutions - all themes which remain important today. Since the advent of reform, …

As-Salāmu `Alaykum? Humanitarian Law In Islamic Jurisprudence, Karima Bennoune

Michigan Journal of International Law

This Note examines Islamic legal doctrine in the field of humanitarian law and considers the historical contributions made by Islamic law to contemporary international humanitarian law. The goal of this Note is neither to unfairly attack nor to apologize for Islamic law, but rather to attempt an honest appraisal of Islamic humanitarian precepts, with an awareness of the way in which Islam has often been stereotyped as hostile and bloodthirsty in Western discourse. The intent is two-fold: First, to establish that scholars of modern international humanitarian law have often ignored its historical roots in Islamic law and second, to examine …

The Feasibility Of Debt-Equity Swaps In Russia, Thomas M. Reiter

Michigan Journal of International Law

This Note examines the origins, development, and mechanics of debt-equity swap programs in Latin America before discussing the various goals and policy considerations involved in formulating debt-equity swap programs. Next, the Note describes Russia's debt situation and sketches the outlines of a debt-equity swap program that will reduce Russia's foreign debt while stimulating foreign direct investment.

Laws Separating Commercial Banking And Securities Activities As An Impediment To Free Trade In Financial Services: A Comparative Study Of Competitiveness In The International Market For Financial Services, Sarah A. Wagman

Michigan Journal of International Law

By comparing U.S., Japanese, and European institutions' competitiveness in the international market for financial services, this Note focuses on the possible implications of the Glass-Steagall Act in the international trade context as a means of exploring some of the additional arguments which have emerged in favor of reforming U.S. bank regulation.

The Law And Assisted Reproduction In The United Kingdom And United States, Robert L. Stenger

Journal of Law and Health

The development, publicity and availability of new and assisted methods of human reproduction raise profound ethical, legal and medical concerns. As for any new medical technology, there is a need for research and experimentation. At the same time, because human life is involved, there are calls for ethical and legal evaluations and regulations. These new technologies have been developed and applied in different countries, each with different cultures and legal traditions. It is instructive to compare how different countries respond legally to such new technologies. A comparison between the United States and United Kingdom is particularly enlightening because both share …

Civil Justice Reform In The United States — Opportunity For Learning From 'Civilized' European Procedure Instead Of Continued Isolation?, Ernst C. Stiefel, James Maxeiner

All Faculty Scholarship

This article reports on present and past efforts at civil justice reform in the United States and assesses the opportunities for learning from Continental models. European jurists have long urged that their American colleagues consider using continental approaches in dealing with the serious problems that afflict the American system of civil justice. A few years back, our colleague Kötz noted that "If there is a desire to reform American civil procedure, either by making changes within the adversary system or by developing alternative methods of dispute resolution, the Continental experience may be well worth studying."

The Genesis Of Russian Secured Transaction Law Before 1917, Konstantin Osipov

Cleveland State Law Review

This article will begin by briefly explaining the characteristics of methods of securing performance of obligations in Russia. Then the article will focus on one method of securing the performance of obligations, namely the mortgage/pledge being used in Russian law under one common term-zalog. The article will trace the development of the mortgage/pledge from Roman law, and then will examine the role of the zalog in Russian law prior to 1917. A historical examination of the methods of securing the performance of obligations is especially relevant today since the developing Russian law is utilizing concepts as they existed prior to …

Legal Problems Of Vocational And Professional Training During The Soviet Period Of Stagnation, Yuri I. Luryi

Cleveland State Law Review

This article investigates the legal methods used to regulate professional training under Soviet labor law. It will examine relevant norms of labor legislation, the views of Soviet labor law specialists, and existing practice.

The Genesis Of Russian Secured Transaction Law Before 1917, Konstantin Osipov

Cleveland State Law Review

This article will begin by briefly explaining the characteristics of methods of securing performance of obligations in Russia. Then the article will focus on one method of securing the performance of obligations, namely the mortgage/pledge being used in Russian law under one common term-zalog. The article will trace the development of the mortgage/pledge from Roman law, and then will examine the role of the zalog in Russian law prior to 1917. A historical examination of the methods of securing the performance of obligations is especially relevant today since the developing Russian law is utilizing concepts as they existed prior to …

Compensation For Japan's World War Ii War-Rape Victims, Karen Parker, Jennifer F. Chew

UC Law SF International Law Review

Approximately 200,000 women were tricked or abducted into slavery to provide sexual services for the Japanese Imperial Army during World War II. After nearly fifty years of silence, a growing number or these war-rape victims have come forward publicly to tell their stories. The authors describe this scheme that was established by the Japanese government and Imperial Army. The authors argue that the scheme violated fundamental principles of international law, thus attaching a right to compensation for the violations. The authors present current initiatives before the United Nations to address the issue of compensation. Examples of viable compensation schemes are …