Law Commons^™

Revisiting Chapter Viii: The Role Of Regional Organizations In Dispute Settlement, Nabil Elaraby

ILSA Journal of International & Comparative Law

Recently, the world has seen both pragmatic and sudden changes in international relations. Cooperation between Super Powers, along with regional organizations, seems to be possible today. Consequently, the scope of general cooperation and consensus is increasing among member states of the United Nations. The Charter of the United Nations should be changed according to the needs of the changing world.

Do Economic Sanctions Work? A View From The United Nations, Gian Luca Burci

ILSA Journal of International & Comparative Law

The question "do sanctions work?" can be interpreted not only as a political or legal assessment about their effects on a State, but also as an analysis of whether sanctions are designed, managed and enforced in a manner which makes them viable for an extended period of time for those who are required to implement them.

International Law And Land Mines, Joerg Wimmers

ILSA Journal of International & Comparative Law

The Review Conference in Vienna' has failed to adopt a revised Convention due to unbridgeable differences among delegations on a strengthened Protocol II of the Convention (Land Mine Protocol). Almost all important provisions of the Protocol were contentious and a number of delegations showed very limited room to move toward a compromise.

When Are Economic Sanctions Effective? Selected Theorems And Corollaries, W Michael Reisman

ILSA Journal of International & Comparative Law

Economic sanctions may take many forms and may be applied unilaterally or multilaterally, but like all uses of the economic instrument, they involve the purposive threat or actual granting or withholding of economic indulgences, opportunities, and benefits by one actor or group of actors in order to induce another actor or group of actors to change or adjust an internal or external policy.

International Law And Antipersonnel Land Mines, Luke T. Lee

ILSA Journal of International & Comparative Law

Antipersonnel (A/P) land mines are devastating weapons not only during, but also after, warfare or armed conflicts. There still exist an estimated 85 million mines, or one for every 50 people on earth, scattered in 62 countries that kill and maim some 26,000 innocent civilians each year. In Cambodia and Angola, for example, there are more than 30,000 and 20,000 amputees, respectively, who are victims of mine incidents.

Cooperation Between The United Nations And Regional Institutions, Hans Corell

ILSA Journal of International & Comparative Law

Chapter VIII of the United Nations Charter does not preclude regional organizations from taking regional actions in the maintenance of international peace and security. As long as such regional actions are taken consistent with the provisions of the United Nations Charter, regional organizations can play a pivotal role in the peaceful settlement of regional disputes. Enforcement measures must however be authorized first by the Security Council.

The Lure Of Regional Solutions: A Realistic Option Or Escapism?, Colin Keating

ILSA Journal of International & Comparative Law

Depending on the nature and importance of disputes, there is a need for either bilateral or unilateral use of global and regional organizations. In spite of the convenience of using regional organizations in solving regional disputes, the growing importance and awareness of the global instrument cannot be minimized.

Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

The concept of intellectual property, or ideas protected by patents, copyrights, and trademarks, has been around since at least the 13^th century. However, it is only in the last decade that "piracy," or the illegal copying and selling of copywritten or patented material, has become a contentious issue in trade negotiations between the nations of the Northern and Southern Hemispheres

What Role, If Any, Will The United Nations Play In The Maintenance Of International Peace And Security Over The Next Fifty Years?, Thomas J. Donlon

ILSA Journal of International & Comparative Law

After two years of close observation of the United Nations struggling to answer the challenge of Article 7 of its Charter "to maintain international peace and security," I have become an optimist on the question of the United Nations' future, if nonetheless a cautious, realistic one. Whether the United Nations will have such a role, however, depends on the collective ability of the international community to learn from the past fifty years of the organization

Religious Freedom In The People's Republic Of China, Cymonie Rowe

ILSA Journal of International & Comparative Law

The People's Republic of China has, during the latter part of this century, consistently restricted one's right to religious freedom. Religious rights, as well as other rights, within the People's Republic of China have been the subject of much controversy around the world.

International Law And Anti-Personnel Land Mines, Michael J. Matheson

ILSA Journal of International & Comparative Law

The Convention on Conventional Weapons was adopted in 1980 to limit the use of conventional weapons that present special risks of causing unnecessary suffering or indiscriminate effects. The Convention currently contains three Protocols, each of which regulates the use of a specific type of weapons

Towards Global Government: Reality Or Oxymoron?, Valerie Epps

ILSA Journal of International & Comparative Law

The title of this panel asks us to examine where the world is going and what is likely to be the governance structure for the foreseeable future. This is a somewhat forbidding topic, but certainly worth tackling. We want to ask ourselves whether the various forces in the world currently operative will be reformulated, and if so, what the global arrangement will look like.

The European Market: Creating A Unified Competitive Banking System, Cam F. Justice

ILSA Journal of International & Comparative Law

The creation of a single market among countries, which just over fifty years ago were engaged in one of the bloodiest wars in history, is one of the greatest experiments ever. The movement toward a single market in Europe has undergone countless changes since the creation of the European Coal and Steel Community (ECSC) in 1951.

Peruvian International Tax Treaties, Adrian Revilla

ILSA Journal of International & Comparative Law

Peru agrees with the idea that double tax treaties are not only useful, but invaluable tools in promoting understanding, stability and confidence among the participants in international commerce. The tangible benefits of the mechanisms provided by double-tax treaties include: the lowering of costs to the investor, the attraction of capital, and a shared understanding on the part of tax administrations of how the limited tax revenues from productive enterprises will be apportioned.

Linkage Between Development And The Implementation Of The Cairo/Beijing Agenda For Women's Empowerment, Virginia Ofusu-Amaah

ILSA Journal of International & Comparative Law

Making general statements on the correlation between the effects of socio-economic development and the situation of women is difficult because the political, economic, and structural conditions differ greatly from one country to the other. However, nowhere in the world are women treated as equal as men or enjoy the same opportunities as men.

International Law And Anti-Personnel Land Mines, Stephen Goose

ILSA Journal of International & Comparative Law

Human Rights Watch was one of the six non-governmental organizations (NGOs) that initiated the International Campaign to Ban Land Mines in 1992. The Campaign calls for a comprehensive international ban on the production, stockpiling, trade and use of antipersonnel land mines. It also calls for increased international resources for mine clearance and victim assistance programs.

International Law And Anti-Personnel Landmines, Ariane Sand-Trigo

ILSA Journal of International & Comparative Law

Antipersonnel land mines are among the deadliest and most insidious weapons in the world today: their aim is to maim for life, they cannot distinguish between the footfall of a soldier and that of a child and they recognize no cease-fire or end to war. More than 110 million active mines are scattered in sixty-four countries and the problem is growing worse at a dramatic rate.

Costa Rican Commercial Arbitration Rules And The U.S. Federal Arbitration Act, Jurgen Nanne Koberg

ILSA Journal of International & Comparative Law

Commercial arbitration is a method of alternative dispute resolution (ADR) that is being used around the world to avoid lengthy and costly legal appearances before judicial authorities. "In arbitration, the parties voluntarily agree to refer their existing or future disputes to a third party for determination and they agree in advance to accept the arbitrator's decision as final and binding

Contracting Between A Japanese Enterprise And An American Enterprise: The Differences In The Importance Of Written Documents As The Final Agreement In The United States And Japan, Kizuki Kuzuhara

ILSA Journal of International & Comparative Law

"One cause of the failure of mission work is that most of the missionaries are entirely ignorant of our history . . . 'what do we care for heathen records?' . . . and consequently estrange their religion from the habits of thought we and our forefathers have been accustomed to for centuries past."'

A. The Differences in the Approach to Forming a Contract

Generally, the Japanese approach to contract formation differs significantly from the American approach. Indeed, without this difference many disputes between the countries would not exist. Nevertheless, presently, the typical American business person says the Japanese approach …

Recent Activity Before The International Court Of Justice: Trend Or Cycle?, Gary L. Scott, Heather Macgregor Bothwell, Jennifer Pennel

ILSA Journal of International & Comparative Law

Following the United States refusal to participate in the Nicaragua case,' and its subsequent withdrawal from the so-called "optional clause,", a great deal of pessimism surrounded the future of the International Court of Justice.3 Less than a decade later, and only half way through the decade of international law, it would appear, to paraphrase Mark Twain, that reports of the court's demise were greatly exaggerated.

A Comparative Study Of The Jewish And The United States Constitutional Law Of Capital Punishment, Steven Davidoff

ILSA Journal of International & Comparative Law

The Jewish view on the death penalty is that it should exist but it should never be used .... [lI]t is Governor Pataki's job to ensure :order. But he must remember that as a leader he must exhibit attributes of both the father and the mother. Governor Pataki is a nice man. But if he acts on the death penalty, he will be the leader of a bloody government

Using American Antitrust To Interpret Costa Rican Competition Law, Pedro M. Mufoz

ILSA Journal of International & Comparative Law

Of course I know, and every other sensible man knows, that the Sherman law is damned nonsense, but if my country wants to go to hell, I am here to help it.

Justice Oliver Wendell Holmes, Jr.

In the model of perfect competition, the market is so populated by sellers and buyers that no one individual can influence the market price through' the manipulation of input or output. "All relevant prices are known to each producer, who also knows of all input combinations technically capable of producing any specific combination of outputs and who makes input-output decisions solely to maximize …

The Right To Cultural And Religious Self-Determination: Lessons From The Experience Of Native Americans, Allison M. Dussias

ILSA Journal of International & Comparative Law

In seeking to vindicate their right to self-determination, indigenous peoples seek not only recognition and protection of land rights and political rights, but also recognition and protection of cultural and religious rights.

Credit Insurance For Exports And The General Agreement On Tariffs And Trade, Rafael E. Cafias, Eric Scharf

ILSA Journal of International & Comparative Law

By the end of World War II, increased efforts have been made to limit the enforcement of certain trade barriers which affect international trade, hinder the competition between countries, and prevents the globalization of a free-market system. It is in this light, that endeavors have taken place to avoid export credit subsidies from becoming a competitive element in international transactions. The General Agreement on Tariffs and Trade

The North American Free Trade Agreement: Reasons For Passage And Requirements To Be A Foreign Legal Consultant In A Nafta Country, Michael J. Chrusch

ILSA Journal of International & Comparative Law

Under a global economy, countries around the world trade with each other. International trade is essential to achieving a global economy. As the world moves toward a global economy, the need for international trade of goods and services is increasing. Numerous agreements between countries have been passed to facilitate international trade

Outlawing The Use Of Refugees As Tools Of Foreign Policy, Geoffrey W. Hymans

ILSA Journal of International & Comparative Law

Assume that you are the dictator of a small country adjacent to a prosperous first world nation. You have little interaction with this nation because it objects to the manner in which you maintain control of the dissidents in your country. However, there are internal policies of the prosperous nation that, if changed, could bring an economic windfall to your country.

Seguro De Credito Para Las Exportaciones Y El Acuredo General Sobre Aranceles Y Comercio, Rafael E. Cafas, Eric Scharf

ILSA Journal of International & Comparative Law

A partir de la finalizaci6n de la Segunda Guerra Mundial, se han incrementado los esfuerzos para limitar la aplicaci6n de barreras que afectan: el comercio internacional, perjudican la competencia entre paises y impiden la globolizaci6n de un sistema de mercado libre. En virtud de to anterior, se ha procurado que los subsidios de credito a las exportaciones no constituyan un elemento de competencia en las transacciones internacionales

El Tratado De Libre Comercio: Las Razones Sobre Su Adopcion Y Los Requisitos Para Ser Un Consultante Legal Extranjero En Un Pals Que Sea Un Partido Al Nafta, Michael Chrusch

ILSA Journal of International & Comparative Law

En una economia global, todos los paises cambien productos y servicios entre si. El comercio Internacional es esencial para lograr una economia global. Mientras que el mundo se mueve para hacer una economia global, la necesidad de un comercio internacional de mercaderias y servicios aumenta.

General Principles Of International Environmental Law, Max Valverde Soto

ILSA Journal of International & Comparative Law

This article is a description of the general principles and rules of international environmental law that have emerged from international treaties, agreements, and customs. The significance of the generality of these principles is that they can be applied to the international community for the protection of the environment.

Proscribiendo El Uso De Refugiados Como Instrumentos De La Politica Extranjera, Geoffrey W. Hymans

ILSA Journal of International & Comparative Law

Presuma que usted es el dictador de un pais pequefio adyacente a una naci6n pr6spera e industrializada. Usted tiene poca interacci6n con esta naci6n porque objeta a la manera en que usted mantiene control de los disidentes en su pafs. Pero hay politicas internas de la naci6n pr6spera que, si cambiadas, pueden traer un beneficio econ6mico a su pais.