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Full-Text Articles in Law
Text Of Remarks On Panel: Codes Of Conduct And Transparency, Cynthia Williams
Text Of Remarks On Panel: Codes Of Conduct And Transparency, Cynthia Williams
UC Law SF International Law Review
No abstract provided.
A First Look At The Interim Merits Award In S.D. Myers, Inc. V. Canada: It Is Possible To Balance Legitimate Environmental Concerns With Investment Protection, Todd Weiler
UC Law SF International Law Review
This Article is a response to Joseph de Pencier's paper Investment, Environment and Dispute Settlement: Arbitration Under NAFTA Chapter Eleven in issue 23:3-4 of this journal. This reply is based upon the author's experience as counsel for the investor in S.D. Myers, Inc. v. Canada (Myers) and similar cases.
This Article provides a critical commentary on various elements of Mr. de Pencier's paper that deal with the Myers claim. It provides some tentative suggestions on how the substantive provisions of NAFTA Chapter 11 might be interpreted in future cases where investment protection and environmental protection appear to be at odds.
The Internet Content Rating Association: The Way To Patrol The Internet Highway, Carrie Lam
The Internet Content Rating Association: The Way To Patrol The Internet Highway, Carrie Lam
UC Law SF International Law Review
The Internet makes information easily accessible and allows people all over the world to research and telecommute from the comforts of their own homes. However, such unlimited access is a double-edged sword. Problematic information that is accessible to anyone with a computer and a modem, such as sexually explicit material, can also be found on the Internet.
This Note examines the conflict between protecting children online and protecting free speech. A comparison is made between the United States' attempts at solutions through the Communications Decency Act and the Child Online Protection Act, and the new international and self-regulatory approach of …
A Journey Of Two Countries: A Comparative Study Of The Death Penalty In Israel And South Africa, Michelle M. Sharoni
A Journey Of Two Countries: A Comparative Study Of The Death Penalty In Israel And South Africa, Michelle M. Sharoni
UC Law SF International Law Review
The death penalty remains a complex and controversial topic in many countries all around the world. Israel and South Africa have traveled along diverse and fascinating paths in deciding whether the death penalty is constitutional. This Note examines the history of the death penalty in Israel and South Africa, emphasizing the process of its abolition.
This Note reviews the sources of Hebrew law, the history of the death penalty in Israel and the Jewish legal system. It addresses the history of the death penalty in South Africa, from the period of the early settlers up to a recent unanimous decision …
Ryousai Kenbo Revisited: The Future Of Gender Equality In Japan After The 1997 Equal Employment Opportunity Law, Robert Larsen
Ryousai Kenbo Revisited: The Future Of Gender Equality In Japan After The 1997 Equal Employment Opportunity Law, Robert Larsen
UC Law SF International Law Review
In 1985 amid international and domestic pressure, Japan enacted the Equal Employment Opportunity Law (EEOL). Many viewed it as an era of change, one that would see Japanese women rise to equality with male co-workers. However, equal employment never materialized. Historical context and the experience of the 1985 EEOL provide insights into the future of gender equality in Japan.
This Note provides a brief description of the Japanese corporate world and a historical context of women in Japanese society. It identifies pressures, both domestic and international, that Japan faced prior to 1985 that led up to the EEOL. The 1985 …
Two Observations On Holocaust Claims, William W. Bratton
Two Observations On Holocaust Claims, William W. Bratton
UC Law SF International Law Review
No abstract provided.
Multinational Corporate Liability Under The Alien Tort Claims Act: Some Structural Concerns, Michael D. Ramsey
Multinational Corporate Liability Under The Alien Tort Claims Act: Some Structural Concerns, Michael D. Ramsey
UC Law SF International Law Review
No abstract provided.
U.S. Jurisdiction Over Conflicts Arising Outside Of The United States: Some Hegemonic Implications, Ugo Mattei, Jeffrey Lena
U.S. Jurisdiction Over Conflicts Arising Outside Of The United States: Some Hegemonic Implications, Ugo Mattei, Jeffrey Lena
UC Law SF International Law Review
No abstract provided.
Corporate Liability: Enforcing Human Rights Through Domestic Litigation, Beth Stephens
Corporate Liability: Enforcing Human Rights Through Domestic Litigation, Beth Stephens
UC Law SF International Law Review
No abstract provided.
Securing Transnational Corporate Accountability Through National Courts: Implications And Policy Options, Halina Ward
Securing Transnational Corporate Accountability Through National Courts: Implications And Policy Options, Halina Ward
UC Law SF International Law Review
No abstract provided.
Indigenous Rights And Multinational Corporations At International Law, Patrick Macklem
Indigenous Rights And Multinational Corporations At International Law, Patrick Macklem
UC Law SF International Law Review
No abstract provided.
Text Of Remarks On Panel: Indigenous Peoples, Environmental Torts And Cultural Genocide, Richard Herz
Text Of Remarks On Panel: Indigenous Peoples, Environmental Torts And Cultural Genocide, Richard Herz
UC Law SF International Law Review
No abstract provided.
Text Of Remarks On Panel: Indigenous Peoples, Environmental Torts And Cultural Genocide, Robert Coulter
Text Of Remarks On Panel: Indigenous Peoples, Environmental Torts And Cultural Genocide, Robert Coulter
UC Law SF International Law Review
No abstract provided.
A Paper Tiger--An Examination Of The International Religious Freedom Act's Impact On Christianity In China, Betty L. Wong
A Paper Tiger--An Examination Of The International Religious Freedom Act's Impact On Christianity In China, Betty L. Wong
UC Law SF International Law Review
No abstract provided.
Uniform Rules Of Engagement: The New Tax Regime For Foreign Sales, Harold S. Peckron
Uniform Rules Of Engagement: The New Tax Regime For Foreign Sales, Harold S. Peckron
UC Law SF International Law Review
The World Trade Organization (WTO) administers, enforces, and decides international trade disputes by establishing uniform rules of trade engagement designed to minimize trade wars. Countries that fail to abide by the WTO rules can be taken to the WTO courts and face eventual sanctioned retaliation. Without such rules, global economic competition can be as fierce as the most devastating battle and, as history has shown, can be the catalyst for war.
This Article examines the United States' alleged disregard of the WTO uniform trade rules through the use of foreign sales corporations, and how this tax regime almost ignited an …
The International Legal Rights Of Indigenous Peoples Affected By Natural Resource Exploitation: A Brief Case Study, Martin Wagner
The International Legal Rights Of Indigenous Peoples Affected By Natural Resource Exploitation: A Brief Case Study, Martin Wagner
UC Law SF International Law Review
No abstract provided.
Enabling American High-Tech Companies To Protect Their Secrets Abroad: A Comparative Analysis Of Irish And American Trade Secret Regulation, Kelly Irene Phair
Enabling American High-Tech Companies To Protect Their Secrets Abroad: A Comparative Analysis Of Irish And American Trade Secret Regulation, Kelly Irene Phair
UC Law SF International Law Review
No abstract provided.
The Price Of Passion: The Banishment Of English Hooligans From Football Matches In Violation Of Fundamental Freedoms, Geoff Beckham
The Price Of Passion: The Banishment Of English Hooligans From Football Matches In Violation Of Fundamental Freedoms, Geoff Beckham
UC Law SF International Law Review
International football is the world's most popular team sport. As often as the global football community exults in worldwide camaraderie, its image is scarred by the inexplicably violent behavior of its supporters.
This Note examines English efforts to curb hooliganism through recently-enacted legislation. The anti-hooligan laws are analyzed in light of the protections guaranteed in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the U.S. Constitution. This Note concludes that English hooligan laws violate Article 7 of the European Convention and the ex post facto clause of the U.S. Constitution.
Compulsory Licensing Of Pharmaceuticals Under Trips: What Standard Of Compensation, Susan Vastano Vaughan
Compulsory Licensing Of Pharmaceuticals Under Trips: What Standard Of Compensation, Susan Vastano Vaughan
UC Law SF International Law Review
Harmonization of international intellectual property laws has been the object of considerable recent effort under both public international law and international trade law. The GATT Uruguay Round Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) resulted in significant steps toward harmonization. The proper application of compulsory licensing of patents under TRIPS has been the subject of much early debate. Proposed standards of compensation have been wildly divergent, reflecting the conflicting policy concerns of developed and developing nations.
This Note provides an overview of the conflict between developed and developing nations over the proper reach of intellectual property rights. It then …
Holding Multinational Corporations Responsible Under International Law, Joel R. Paul
Holding Multinational Corporations Responsible Under International Law, Joel R. Paul
UC Law SF International Law Review
No abstract provided.
Accountability Of Multinational Corporations: The Barriers Presented By Concepts Of The Corporate Juridical Entity, Phillip I. Blumberg
Accountability Of Multinational Corporations: The Barriers Presented By Concepts Of The Corporate Juridical Entity, Phillip I. Blumberg
UC Law SF International Law Review
No abstract provided.
Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann
Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann
UC Law SF International Law Review
No abstract provided.
Categories Of Corporate Complicity In Human Rights Abuses, Andrew Clapham, Scott Jerbi
Categories Of Corporate Complicity In Human Rights Abuses, Andrew Clapham, Scott Jerbi
UC Law SF International Law Review
No abstract provided.
Which Torts In Violation Of The Law Of Nations, William S. Dodge
Which Torts In Violation Of The Law Of Nations, William S. Dodge
UC Law SF International Law Review
No abstract provided.
A New Approach To Corporate Responsibility: The Voluntary Principles On Security And Human Rights, Bennett Freeman, Maria B. Pica, Christopher N. Camponovo
A New Approach To Corporate Responsibility: The Voluntary Principles On Security And Human Rights, Bennett Freeman, Maria B. Pica, Christopher N. Camponovo
UC Law SF International Law Review
No abstract provided.
The Socialist Republic Of Vietnam's Labor Code: Looking Beyond The Printed Papers, Johnny Vinh Phan
The Socialist Republic Of Vietnam's Labor Code: Looking Beyond The Printed Papers, Johnny Vinh Phan
UC Law SF International Law Review
The Vietnamese government's anxiety and fear of foreign involvement within its borders can be traced back to its history of foreign domination. Many generations of Vietnamese endured continuous warfare to obtain Vietnam's current independence.
This Note walks through Vietnam's economic changes over the past fifteen years. It describes Vietnam's Labor Code, and analyzes the Vietnamese legal system's shortcomings in protecting workers from exploitation by multinational corporations. The Note then identifies possible explanations and solutions to some of the problems, and concludes with an overview of doi moi ("new economic thinking").