Law Commons^™

"Green Helmets": A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone

Michigan Journal of International Law

Although 1995 marks the fiftieth anniversary of the birth of the United Nations, the year also marks the fifth anniversary of a newly revitalized Security Council. In this period of five years, scholarly debate on the Security Council has shifted from what it might do if it could act to what substantive limits, if any, exist on the Security Council's authority to act under the Charter. The legitimacy of the Security Council's authority under the Charter arises both in its initial determination of when it can act and in its determination of the appropriate scope of its actions once it …

Intellectual Property Protection Of Software: International Perspectives: Foreword, 14 J. Marshall J. Computer & Info. L. 657 (1996), Donald P. Reynolds

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Conflicts On The Net: Choice Of Law In Transnational Cyberspace, Matthew R. Burnsteln

Vanderbilt Journal of Transnational Law

No recent technological advance has captured the attention and imagination of the United States and the international community like the advent of global communications networks--the Internet, Cyberspace, the Information Superhighway. While the technology advances daily, a legal regime for ordering cyberspace has not yet evolved. Already, cases are reaching the courts in which plaintiffs complain of improper and unlawful activities by defendants in cyberspace. Both cyberspace's growing ubiquity and the anonymity found online will increase international use of the networks for interaction and commerce. This Note considers the conflict of laws implications of transnational cyberspace. The need to consider choice …

Collective Humanitarian Intervention, Fernando R. Tesón

Michigan Journal of International Law

This article discusses collective intervention authorized by the Security Council, with a special emphasis on the concept of exclusive domestic jurisdiction. Part I first examines the different meanings of the notoriously ambiguous word "intervention." Because the legitimacy of collective intervention will depend in part on whether or not the matter falls within the domestic jurisdiction of the target state, Part II will then discuss contemporary views of domestic jurisdiction. Finally, Parts III and IV discuss collective humanitarian intervention under the principles of the U.N. Charter and examine the practice of the Security Council since the end of the Cold War. …

The Politics Of Collective Security, Anne Orford

Michigan Journal of International Law

Part I argues that conventional international legal analyses about Security Council actions do not consider the gender-differentiated effects of those actions. The universality of male interests is taken for granted by international lawyers. The first level of analysis thus involves adding women in; that is, considering the consequences that Security Council actions have had for women in Kuwait, Iraq, Cambodia, Somalia, Mozambique, Bosnia, and the United States. I argue that many women are in fact rendered less secure by actions authorized by the Security Council in the name of collective security. As a result, women must have a voice in …

The Place Of Law In Collective Security, Martti Koskenniemi

Michigan Journal of International Law

In this article the author wants to examine the place of law in our thinking about and sometimes participation in decision-making regarding international security. After the end of the Cold War, and particularly since the United Nations' reaction to Iraq's occupation of Kuwait in 1990-91, an academic debate concerning the possibility of collective security has arisen anew. The intention is not to take a definite view in that controversy. Instead, the author shall suggest that this debate has been framed so as to obscure the role of normative considerations, including law, in the production or construction of collective security. A …

Worldwide Copyright Protection Under The Trips Agreement, Eric H. Smith

Vanderbilt Journal of Transnational Law

The author begins by analyzing the purposes of the TRIPS Agreement. He then discusses piracy losses on a regional and global basis, emphasizing industry-based variations and the economic impact of these losses. Mr. Smith then examines several of the key implementation problems surrounding TRIPS, including the use of transition phase-in periods for developing countries, and the availability of civil and criminal sanctions. Finally, he highlights other specific portions of the TRIPS Agreement that may engender future controversy.

The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot

LLM Theses and Essays

Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …

Major Changes In Council Regulation 3283/94: Its Compatibility With The Uruguay Round Anti-Dumping Code, Sangsoo Son

LLM Theses and Essays

Dumping can be defined as exporting goods at prices below those charged on the domestic market or at prices insufficient to recover the cost of the goods sold. Dumping is considered an unfair trading practice because it interferes with free market economy principles. During the 1980s, anti-dumping measures were an important issue for a few developed countries that had attractive markets for foreign producers; these countries were the United States, the European Community, Canada, and Australia. The European Community (EC) has developed its own anti-dumping laws over the years; Article 113 of the EEC Treaty gives power to Community institutions …

If It Walks Like A Duck: A Proposal To Unify U.S. Customs' Treatment Of Infringing Imports, 29 J. Marshall L. Rev. 711 (1996), Keith M. Stolte

UIC Law Review

No abstract provided.

Prospects And Limits Of The Patent Provision In The Trips Agreement: The Case Of India, Martin J. Adelman, Sonia Baldia

Vanderbilt Journal of Transnational Law

This Article analyzes the impact of TRIPS on the pharmaceutical industry in India, an industry that has traditionally taken a "free-ride" on the technological developments of other nations. The authors discuss the patent system in India prior to TRIPS and India's long-term refusal to join the Paris Convention regarding intellectual property.

In the past, India had limited protection for technology. Some areas--food, pharmaceuticals, and products made by processes--received no patent protection at all. TRIPS changed this system and also changed the compulsory licensing and license of right provisions that limited patent protection in India. The authors argue that all people--scientists …

Notes, Editors

Canada-United States Law Journal

No abstract provided.

Introduction And History Of The Canada-U.S. Law Institute, Sidney Picker Jr.

Canada-United States Law Journal

No abstract provided.

Conference Opening, Henry T. King Jr.

Canada-United States Law Journal

No abstract provided.

Introduction: The Role Of Governments In The Development Of Human Resources Training For Employability, J. Michael Robinson

Canada-United States Law Journal

No abstract provided.

The Role Of Governments In The Development Of Human Resources Training For Employability: The View From Canada, Yves Poisson

Canada-United States Law Journal

No abstract provided.

Discussion After The Speeches Of Marie-Louise Caravatti And Yves Poisson, Discussion

Canada-United States Law Journal

No abstract provided.

Where Do We Stand Vis A Vis Our Major Competitors In The Development Of Human Resources, Phyllis Eisen

Canada-United States Law Journal

No abstract provided.

The Role Of Incentives, Profit Sharing, And Employee Participation In The Development Of Human Resources In Canada, Michael Mcdermott

Canada-United States Law Journal

No abstract provided.

Discussion After The Speeches Of Donald Hastings And Michael Mcdermott, Discussion

Canada-United States Law Journal

No abstract provided.

Developing A Corporate Culture For The Maximum Balance Between The Utilization Of Human Resources And Employee Fulfillment In The United States, Richard Lidstad

Canada-United States Law Journal

No abstract provided.

Labor In The International Economy, John S. Mckennirey

Canada-United States Law Journal

No abstract provided.

Nafta Cross-Border Provision Of Services, James Mcilroy

Canada-United States Law Journal

No abstract provided.

Establishing Or Re-Establishing A Connection Between Education And The Workplace, Stuart Smith

Canada-United States Law Journal

No abstract provided.

Introduction: Increased Use Of Adr In Resolving Human Resources Conflicts In Both Non-Union Companies And In Non-Union Departments Of Unionized Companies, Jon Groetzinger

Canada-United States Law Journal

No abstract provided.

Introduction: Challenges In Human Resources Utilization And The Impact On Other Stakeholders From Globalization, Technological Advances, Restructuring, And Downsizing, Norman Halpern

Canada-United States Law Journal

No abstract provided.

Challenges In Human Resources Utilization And The Impact On Other Stakeholders From Globalization, Technological Advances, Restructuring, And Downsizing: A View From The States, James Bennett

Canada-United States Law Journal

No abstract provided.

Challenges In Human Resources Utilization And The Impact On Other Stakeholders From Globalization, Technological Advances, Restructuring, And Downsizing: The Canadian Perspective, Harold Giles

Canada-United States Law Journal

No abstract provided.

Title Page, Volume 22 (1996)

Canada-United States Law Journal

No abstract provided.

Table Of Contents, Volume 22 (1996)

Canada-United States Law Journal

No abstract provided.