Law Commons^™

Unidentified Orbital Debris: The Case For A Market-Share Liability Regime, Mark J. Sundahl

UC Law SF International Law Review

As the volume of debris in the planet's orbit continues to grow, the risks and costs associated with orbital collisions are taking their toll on the space industry. The United Nations Convention on International Liability for Damage Caused by Space Objects seeks to address this modern day tragedy of the commons, yet it applies only to large, identifiable pieces of orbital debris. As most debris consists of small fragments, the source of which cannot be identified, the U.N. Convention is limited in its effect.

This Note addresses the problem of assigning liability for harm caused by unidentified orbital debris. It …

The Political Economy Of Nafta Chapter Eleven: Equality Before The Law And The Boundaries Of North American Integration, Frederick M. Abbott

UC Law SF International Law Review

No abstract provided.

Holding Up Half The Sky But Not Allowed To Hold The Ground: Women's Rights To Inherit And Own Land In Hong Kong And The People's Republic Of China, Nora E. Sheriff

UC Law SF International Law Review

The rights of women to inherit and own land differ in the New Territories in Hong Kong and Jiangxi in China. The history of the two nations explains many of the differences and similarities regarding women's rights. As Hong Kong and China meld into one nation with two systems, inevitable changes to those rights will occur.

This Note surveys the general perceptions regarding human and women's rights in Great Britain, Hong Kong and China. Also, the Note explores international treaties that affect women's rights with special attention to the participation of both Hong Kong and China. Each nation's internal laws …

National Courts And International Arbitration: Exhaustion Of Remedies And Res Judicata Under Chapter Eleven Of Nafta, William S. Dodge

UC Law SF International Law Review

No abstract provided.

Application Of The Elements Of Torture And Other Forms Of Ill-Treatment, As Defined By The European Court And Commission Of Human Rights, To The Incidents Of Domestic Violence, Ela Grdinic

UC Law SF International Law Review

Domestic violence has not traditionally been considered a type of torture. In fact, until recently, many European countries did not even have laws to protect women from domestic assault. However, the development of concepts in international law such as the individual right to petition, the positive obligations of states, the absolute character of certain rights, and the expansion of the application of state responsibility for the acts of private individuals, all provide fertile ground for the recognition of domestic violence as a human rights issue.

This Article argues that incidents of domestic violence in fact satisfy the criteria imposed by …

The Anatomy Of A Chapter Eleven Arbitration: Affidavits, Affiant, And Burdens Of Proof, David J. St. Louis

UC Law SF International Law Review

No abstract provided.

Arbitration Under Nafta Chapter Eleven: Some Pragmatic Reflections Upon The First Case Filed Against Mexico, Clyde C. Pearce, Jack Coe Jr.

UC Law SF International Law Review

No abstract provided.

State Responsibility For Denial Of Substantive And Procedural Justice Under Nafta Chapter Eleven, Don Wallace Jr.

UC Law SF International Law Review

No abstract provided.

Investment, Environment And Dispute Settlement: Arbitration Under Nafta Chapter Eleven, Joseph De Pencier

UC Law SF International Law Review

No abstract provided.

"Draconian" Yet Constitutional: The Republic Of Ireland's Offences Against The State Act (1998), Sean R. Elsbernd

UC Law SF International Law Review

On August 15, 1998, a terrorist bomb exploded in Omagh, County Tyrone, Northern Ireland. The 500-pound bomb, which detonated in the main marketplace of the city, killed twenty-eight people and injured more than 200 others. Following the tragedy, Ireland's Prime Minister Ahern pledged to bring those responsible to justice by making certain amendments to the Offences Against the State Act of 1939.

This Note discusses whether the Prime Minister and the government of the Republic of Ireland succeeded in this task, and if their efforts conform to the Irish Constitution and the European Convention on Human Rights.

Some Observations On Chapter Eleven Of Nafta, Daniel M. Price

UC Law SF International Law Review

No abstract provided.

Wye River Memorandum: A Transition To Final Peace, Justus R. Weiner

UC Law SF International Law Review

After a lengthy impasse in the peace process between Israel and the Palestinian Authority, a series of several agreements designed to foster peace led to the Wye River Memorandum. This agreement, negotiated in conjunction with President Clinton, established concrete steps for each side to take in reaching lasting peace. This Article analyzes the Wye River Memorandum in the context of the legal and political controversies surrounding its adoption and implementation. Additionally, this Article includes a postscript that addresses the recent Al-Aqsa Intifada.

Protection Against Trademark Dilution In The U.K. And Canada: Inexorable Trend Or Will Tradition Triumph, David S. Welkowitz

UC Law SF International Law Review

This Article addresses the trend toward increasing protection of trademarks in the context of non-confusion. Specifically, this Article analyzes this dynamic as it is occurring in the United Kingdom and Canada. It opens with a brief discussion of trademark protection outside the context of trademark confusion. It then proceeds to an in-depth analysis of trademark dilution in the United Kingdom and Canada, with special attention paid to comparative analysis. By analyzing this trend as it is occurring in these countries, the author provides useful insight into not only what is happening in these countries, but also the implications these developments …

Nuclear Testing Rocks The Sub-Continent: Can International Law Halt The Impending Nuclear Conflict Between India And Pakistan, Grant Guthrie

UC Law SF International Law Review

The nuclear tests conducted by India and Pakistan in 1998 have given rise to a concern that the historic conflict over Kashmir might suddenly erupt into a war involving nuclear weapons.

This Note evaluates the relationship between the testing and the development of nuclear weapons under international law. It analyzes two aspects of international law that prohibit the future testing and development of nuclear weapons: (1) customary international law and (2) traditional and new customary international environmental law. This Note concludes by pointing out that the nations that will acquire nuclear capabilities in the near future may not have the …

Der Grobe Lauschangriff: Germany Brings Home The War On Organized Crime, James J. Killean

UC Law SF International Law Review

The Lauschangriff is legislation formed by the German government that would allow German police to perform electronic surveillance on private homes. This legislation was formed to combat increased organized crime in Germany. The proposal of the Lauschangriff has caused a fierce debate. One side argues that the Lauschangriff is the only way to control organized crime, while the other protests the trampling of civil liberties.

This Article examines the general controversy surrounding the Lauschangriff and proposes ways of improving the result reached by Germany's parliament. The Article examines the causes and effects of organized crime in Germany as well as …

Expropriation Under Mexican Law And Its Intersection Into A Global Context Under Nafta, Raymundo E. Enriquez

UC Law SF International Law Review

No abstract provided.

Awards In Pope & Talbot, Inc. V. Government Of Canada--Introduction, William S. Dodge

UC Law SF International Law Review

No abstract provided.

The Extraterritorial Application Of The Economic Espionage Act Of 1996, J. Thomas Coffin

UC Law SF International Law Review

On October 11, 1996, President Clinton signed the Economic Espionage Act of 1996 (EEA) into law. The Act was designed to protect trade secrets against theft or economic espionage. It applies to trade secrets possessed by businesses operating in the United States, whether foreign or domestic.

This Note analyzes the application of the Act beyond the territory of the United States. This Note first compares the extraterritorial applications of the statutes in two areas of federal criminal law: antitrust and securities law. In these two areas, courts have had substantial opportunities to apply statutory provisions to conduct occurring abroad, and …