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A Toothless Tiger: President Uribe's Proposed Amnesty Bill, Sarah R. Sandford-Smith
A Toothless Tiger: President Uribe's Proposed Amnesty Bill, Sarah R. Sandford-Smith
UC Law SF International Law Review
On August 21, 2003, Colombian President Alvaro Uribe presented a bill that would permit certain paramilitary and guerilla leaders to avoid prison for gross human rights violations. These individuals would merely have to pay a fee - as reparations to the victims and their families. This note begins by discussing the history behind the bill, and then looks at two possible alternatives: a United Nations truth commission and jurisdiction by the International Criminal Court. The author concludes by suggesting that a truth commission would be the best solution.
Legalistic Individualism: An Alternative Analysis Of Kagan's Adversarial Legalism, Michael Dominic Meuti
Legalistic Individualism: An Alternative Analysis Of Kagan's Adversarial Legalism, Michael Dominic Meuti
UC Law SF International Law Review
An underlying ethos of American law is that an adversarial setting is a prerequisite for proper resolution of a dispute. But is that accurate? Comparative scholars have illustrated the diversity of methods available. In Adversarial Legalism, Robert Kagan considers the merits of these alternative systems. Although the book is not intended as a comprehensive agenda for reform, Kagan's message is clear: our procedures and methods for resolving disputes are a matter of choice, no matter how natural or entrenched they may appear to be. To the extent they do not serve us well, we should exercise our ability to make …
Comparative Legal Responses To Terrorism: Lessons From Europe, Jeremie J. Wattellier
Comparative Legal Responses To Terrorism: Lessons From Europe, Jeremie J. Wattellier
UC Law SF International Law Review
After September 11, 2001, the U.S. Congress and President initiated legal changes to combat terrorism. In the late 20th century, Europe also experienced terrorist attacks on its soil and initiated legal adaptations. Europe's legal history with terrorism shows that harsh procedure-stripping rules do not stop terrorism and come at great costs in civil liberties and legal clout. More procedural safeguards would bring the U.S. legal response back in line with its traditional legal values while still providing a way to fight terrorism. This note investigates the European legal response to its terrorist attacks-measuring successes and gauging costs where possible-and evaluates …
Unipolar Disorder: A European Perspective On U.S. Security Strategy, Diane Marie Amann
Unipolar Disorder: A European Perspective On U.S. Security Strategy, Diane Marie Amann
UC Law SF International Law Review
The publication of the National Security Strategy provoked debate throughout the United States and Europe. This paper examines the Strategy from a European viewpoint; a perspective that prefers dialogue to dictate. By examining the United States' actions through the eyes of Europeans, the United States may better understand its audience, and itself.
The Rule-Outcome Paradox, Madness Cascades And The Fog Of Preemption: Seeking The Best Rule For Use Of Force, David D. Caron
The Rule-Outcome Paradox, Madness Cascades And The Fog Of Preemption: Seeking The Best Rule For Use Of Force, David D. Caron
UC Law SF International Law Review
The National Security Strategy emphasizes outcomes as opposed to process. This paper discusses the differences between those who value process and those who seek immediate answers to a dangerous situation presented before them, particularly in relation to the Bush Administration's actions in Iraq. Those who value process speak in terms of the law and look to see how actions will effect the future. Those who value outcomes will emphasize the reality of the moment. These viewpoints divide the reactions to the Bush Administration's threat prevention use of force doctrine.
Is Capitalism Un-American - An Analysis Of Corporate Inversions And Expatriation Proposals In Response, Eric Tak Han
Is Capitalism Un-American - An Analysis Of Corporate Inversions And Expatriation Proposals In Response, Eric Tak Han
UC Law SF International Law Review
Reincorporating companies have been called "Benedict Arnold corporations" by many U.S. politicians. However, reincorporation (corporate inversion) reduces a corporation's costs, and therefore, maximizes its profits. This note discusses the tax benefits corporations receive if they reincorporate outside of the United States, and suggests that this reincorporation does not cause a loss of jobs; rather, the decision not to reincorporate may lead to a loss of jobs in the United States, because these domestic corporations cannot compete on the global market. This note looks at the U.S. tax system by comparing two corporations, Tyco International Inc., a company that did reincorporate, …
The Eu Regulation On Insolvency Proceedings: The Need For A Modified Universal Approach, Jully Pae
The Eu Regulation On Insolvency Proceedings: The Need For A Modified Universal Approach, Jully Pae
UC Law SF International Law Review
The growth of cross-border insolvencies has increased with the growth of international business activity. As courts of multiple jurisdictions are implicated, conflict-of-law problems surface. This note examines different theories which purport to overcome these conflict-of-law problems. This note also proposes that a modified universalism theory, as opposed to the dominant universalism theory, is the best solution to the problems which arise from the cross-border insolvencies.
Reparations Decisions And Dilemmas, Naomi Roht-Arriaza
Reparations Decisions And Dilemmas, Naomi Roht-Arriaza
UC Law SF International Law Review
The International Bill of Rights declares a right to a remedy for violations of human rights. States are obliged to provide remedies for violations, both as a matter of treaty law and as part of the general rules of state responsibility. The U.N. Human Rights Commission and its Subcommission have formulated draft Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law (Principles), which outline restitution, rehabilitation, compensation and satisfaction as interlinked but distinct obligations on states. In addition, the statute of the newlycreated International Criminal Court …
The Rise And Fall Of The U.N. Charter's Use Of Force Rules, Michael J. Glennon
The Rise And Fall Of The U.N. Charter's Use Of Force Rules, Michael J. Glennon
UC Law SF International Law Review
American policy makers and international lawyers sit in a parallel universe. Policy makers determine whether to use force in any given situation by examining the costs and benefits. International lawyers engage in legal analysis, which rarely plays a role in the policy makers' decisions. This paper examines three different elements of American foreign policy: (1) the American foreign policy objectives, (2) the means by which those objectives are pursued, and (3) the way in which the United States should deal with a world in which the U.N. collective security system has collapsed.
Forum Selection For International Dispute Resolution In China - Chinese Courts Vs. Cietac, William Heye
Forum Selection For International Dispute Resolution In China - Chinese Courts Vs. Cietac, William Heye
UC Law SF International Law Review
The large volume of foreign-invested entities in China has created a need for reliable dispute resolution. Chinese law does not allow for foreign courts or foreign arbitration; as a result, foreign-invested entities must chose between the Chinese courts and the Chinese International Economic Arbitration Commission. However, many foreign parties are skeptical of the Chinese courts, and have chosen arbitration. This note suggests that not only may a satisfactory outcome for a foreign party be possible in the Chinese courts, but that the Chinese courts may be a better option for foreign-invested entities seeking to prevail in a suit against a …
Venezuela: How A Hydrocarbons Law Crippled An Oil Giant, Stacy Rentner
Venezuela: How A Hydrocarbons Law Crippled An Oil Giant, Stacy Rentner
UC Law SF International Law Review
In November 2001, Venezuelan president Hugo Chavez Frias unilaterally enacted the new Decreto con Fuerza de Ley Organica de Hidrocarburos (Hydrocarbons Law), which completely restructured the oil industry, the driving force of Venezuela's economy, for the first time in nearly 60 years. This single-handed restructuring of the country's central industry outraged Venezuelans and proved to be the final blow to Chavez's already waning popularity. In an attempt to convince Chavez to step down from the presidency, Venezuelan oil workers initiated a strike, which was accompanied by a national work stoppage in all areas of the economy. February 2003 marked the …
Descent Into Authoritarianism: Barriers To Constitutional Rule In Belarus, Eric R. Reed
Descent Into Authoritarianism: Barriers To Constitutional Rule In Belarus, Eric R. Reed
UC Law SF International Law Review
The switch from authoritarianism to constitutional democracy has found varying levels of success in the former Soviet republics. Belarus, under President and former collective farm manager Alexander Lukashenka, has reverted from a promising democracy back to an authoritarian regime. This note begins with the historical underpinnings of Belarus' democratic collapse, and then examines the political, social, and judicial factors that contributed. The author concludes with a discussion of how Belarus might regain its democratic footing.
Legal War: When Does It Exist, And When Does It End, John Alan Cohan
Legal War: When Does It Exist, And When Does It End, John Alan Cohan
UC Law SF International Law Review
The popular conception of war is clearly different from war in the legal sense. It is important to ascertain when war in the formal, legal sense (Legal War) exists because various legal consequences attach. However, when a Legal War exists between belligerent states is far from certain. Few wars are waged pursuant to a formal declaration, and there is substantial disagreement as to when a Legal War has ended. Further complicating the problem, governments have engaged in significant armed conflicts while vigorously denying a state of war has existed between them, notwithstanding the obvious state of belligerency, the engagement of …
Introduction: Brief Of Amici Curiae, William S. Dodge
Introduction: Brief Of Amici Curiae, William S. Dodge
UC Law SF International Law Review
No abstract provided.
Iraq And The 800-Pound Gorilla Revisited: Good And Bad Faith, And Humanitarian Intervention, Davis Brown
Iraq And The 800-Pound Gorilla Revisited: Good And Bad Faith, And Humanitarian Intervention, Davis Brown
UC Law SF International Law Review
One of the leading justifications for the 2003 U.S.-led invasion of Iraq and removal of the Ba'ath Party from power was that Iraq had developed chemical and biological weapons, and was rapidly developing nuclear capability. The author's previous article, "Enforcing Arms Control Agreements by Military Force: Iraq and the 800-Pound Gorilla," argued that the invasion was lawful, even without Security Council authorization, by taking a new, injury-remedy approach to war theory. With no weapons of mass destruction yet found in Iraq, new justifications must be found to legitimate the invasion. The author revisits the injury-remedy approach, incorporating good and bad …
The European Free Trade Association Court And Positive Action, Thomas Trelogan, Steve Mazurana, Paul Hodapp
The European Free Trade Association Court And Positive Action, Thomas Trelogan, Steve Mazurana, Paul Hodapp
UC Law SF International Law Review
"Affirmative Action" in the United States, "Positive Action" in Europe. Although Europeans and Americans have both enacted laws to prevent discrimination based on gender, the differences have been in more than just name. In this introduction to "positive action" law, the authors provide an overview of the European Court of Justice, the European Free Trade Association Court, and how disputes over positive action are resolved in Europe. The authors then conclude with a discussion of a representative positive action case.
Can't We Enlarge The Blanket And The Bed - A Comparative Analysis Of Positive/Affirmative Action In The European Court Of Justice And The United States Supreme Court, Thomas Trelogan, Steve Mazurana, Paul Hodapp
Can't We Enlarge The Blanket And The Bed - A Comparative Analysis Of Positive/Affirmative Action In The European Court Of Justice And The United States Supreme Court, Thomas Trelogan, Steve Mazurana, Paul Hodapp
UC Law SF International Law Review
In a time when race-based affirmative action is the focal discrimination issue in the United States, the subject of gender equality runs the risk of stagnation. The authors return the attention to sex-based affirmative action by examining the arguments for and against European positive action plans, and several of the resulting European Court of Justice cases. The authors conclude with a comparison to similar gender-based discrimination laws in the United States, and a discussion of the similarities and differences of the two systems.
Brief Of Professors Of Federal Jurisdiction And Legal History As Amici Curiae In Support Of Respondents, Nicholas W. Van Aelstyn, William S. Dodge
Brief Of Professors Of Federal Jurisdiction And Legal History As Amici Curiae In Support Of Respondents, Nicholas W. Van Aelstyn, William S. Dodge
UC Law SF International Law Review
No abstract provided.
De Facto Abandonment Of Territoriality: Protection Of (Not-So-) Well-Known Foreign Trademarks In Japan And The United States, Ryota Charles Goto
De Facto Abandonment Of Territoriality: Protection Of (Not-So-) Well-Known Foreign Trademarks In Japan And The United States, Ryota Charles Goto
UC Law SF International Law Review
In an ever-more interconnected world, it becomes increasingly important for a business to protect its trademark on a global scale. Japanese Trademark law Article 4(1)(xix), combined with other provisions, has proven to be generally effective in defending the rights of foreign trademark owners. On the other hand, U.S. law regarding the protection of foreign trademarks has remained surprisingly and disappointingly static. The author proposes that Person's v. Christman be overruled and that a provision identical or similar to Japanese Trademark Law Article 4(1)(xix) be adopted.
Trade Treaty Threats And Sub-National Sovereignty: Multilateral Trade Treaties And Their Negligible Impact On State Laws, David I. Spector
Trade Treaty Threats And Sub-National Sovereignty: Multilateral Trade Treaties And Their Negligible Impact On State Laws, David I. Spector
UC Law SF International Law Review
Advocates of free trade extol the virtues of trade without borders, while opponents decry its abysmal consequences. While debates about the benefits and detriments of free trade seem never-ending, there has been comparatively little discussion of the actual impact of international trade obligations on sub-national components of federal governments. Although the relationship between America's trade treaties and the policies of state governments has become a more visible issue in international trade, relatively little is known about how these international trade obligations really shape state law-making among the fifty U.S. states. This Note examines how international trade treaties have actually impacted …
Introduction 21st Annual Scholarly Programs: The Future Of Force: Waging War In The 21st Century
Introduction 21st Annual Scholarly Programs: The Future Of Force: Waging War In The 21st Century
UC Law SF International Law Review
This year's 21st Annual Scholarly Programs featured two events that brought leaders in the field together to discuss the legal bases for waging war in the 21st Century. The first event, the Scholars Forum, featured Professor Thomas M. Franck, who discussed his paper, Preemption, Prevention and Anticipatory Self-Defense: New Law Regarding Recourse to Force? Professor Diane Marie Amann, Professor David D. Caron, Professor Joel R. Paul and Judge Abraham D. Sofaer responded to Professor Franck's paper and offered their own perspectives. Professor Naomi Roht-Arriaza served as the mediator. The second event, the Rudolph B. Schlesinger Memorial Lecture, featured Michael J. …
Preemption, Prevention And Anticipatory Self-Defense: New Law Regarding Recourse To Force, Thomas M. Franck
Preemption, Prevention And Anticipatory Self-Defense: New Law Regarding Recourse To Force, Thomas M. Franck
UC Law SF International Law Review
On September 17, 2002, the National Security Strategy was published. This paper outlines the reach of the Strategy, focusing on the extent it creates new ground in asserting a right to use "preemptive" force. Traditional notions of anticipatory self-defense, found in the Caroline Doctrine, have been extended such that the Strategy allows the United States to respond with force to "rogue states before they are able to threaten" an attack. But, who has the right to determine whether a state may someday constitute a threat?
Professor Franck's Lament, Abraham D. Sofaer
Professor Franck's Lament, Abraham D. Sofaer
UC Law SF International Law Review
Not only does the National Security Strategy rely on the use of force, but it also advocates other means of achieving security, such as diplomacy and alliances. In contrast to Professor Franck, this paper defends the approach the Bush Administration has taken with regards to the National Security Strategy. The text of the Strategy does not give the United States the power to use force whenever it feel that its superiority is threatened. The U.N. Charter also does not prohibit a state from using force to preserve the integrity of that state.
The Bush Doctrine: Making Or Breaking Customary International Law, Joel R. Paul
The Bush Doctrine: Making Or Breaking Customary International Law, Joel R. Paul
UC Law SF International Law Review
The international legal system operates to minimize violence. This paper examines whether the Bush Doctrine violates or creates international law. If the Bush Doctrine is understood to mean that only the United States may use force preemptively, then it is not creating law; it is merely a unilateral assertion of power. If, on the other hand, all states may use the Bush Doctrine to act to prevent war, then violence is maximized. In order for the Bush Doctrine to be accepted as law, there must be a limiting principle.