Law Commons^™

The Nafta Environmental Framework, Chapter 11 Investment Provisions, And The Environment, Francisco Nogales

Annual Survey of International & Comparative Law

In this paper, the author will discuss some of the environmental issues surrounding two parts of the NAFTA machinery based on recent developments. Written in seven parts, Part II provides the NAFTA historical background. Part III discusses the NAFTA Environmental Framework, and Part IV discusses the NAFTA Chapter 11 Investment Provisions. Part V reviews the Submissions of Environmental Enforcement Matters and provides recent academic criticisms of the CEC Process and NAFTA Chapter 11 based on NAFTA environmental studies. Part VI reviews critical Chapter 11 cases. Part Vll provides critique and recommendations on how improvements might be made, and Part VIII …

Arrest Warrant Of 11 April 2000 (Democratic Republic Of The Congo V. Belgium) International Court Of Justice 14 February 2002

Annual Survey of International & Comparative Law

No abstract provided.

Copyright: Choice Of Law And Jurisdiction In The Digital Age, Raquel Xalabarder

Annual Survey of International & Comparative Law

This comment is based on a speech delivered by the author at the 10th Regional Meeting of the American Society of International Law and 11th Annual Fulbright Symposium on International Legal Problems at Golden Gate University School of Law on March 30, 2001.

The Doctrine Of Dualism Of Private Law In The Context Of Recent Codifications Of Civil Law: Ukrainian Perspectives, Alexander Biryukov

Annual Survey of International & Comparative Law

This article gives an overview of some of the problems in the sphere of revision of private law in Ukraine to assure the transformation of its economy from planned principles to a free market economy. The article discusses the main scholarly debates on the codification of private law in Ukraine. These debates present arguments for different means of codification in Ukraine. The article also undertakes a limited comparison of codifications in other countries. The author proffers suggestions as to how to overcome the codification crisis in Ukraine, and to facilitate legal reforms to make Ukraine a part of the civilized …

Positive Action And European Union Law In The Year 2000, Paul Hodapp, Thomas Trelogan, Steve Mazurana

Annual Survey of International & Comparative Law

This paper is the third in a series in which we examine the similarities and differences between the European and American approaches to the problem of positive (or affirmative) action. In the two previous papers we examined whether certain positive action plans adopted by European legislatures would be constitutional under the Equal Protection clause of the U.S. Constitution. In this paper our aim is limited to updating our analysis of positive action in the European Union with an analysis of three recent European Court of Justice ("the Court") decisions. The decisions are Re: Badeck, Abrahamsson, and Schnorbus v. Land Hesse. …

International Law And Security Dilemmas In Multiethnic States, Nedzad Basic

Annual Survey of International & Comparative Law

This paper considers how the international legal system may be reconstructed through the introduction of new legal relationships among these principles of international law to encourage different ethnic and religious communities, which rely on the principle of self-determination, and central governments, which invokes the principle of territorial integrity of its state, to make rational choices that will reduce the likelihood of minority/government conflict in the future. Sub-national groups understand self-determination of peoples to include the right of secession which threatens the territorial integrity of a state, while the territorial integrity of a state prohibits self-determination to be understood as statehood. …

Multinational Corporations And Compliance With International Regulations Relating To The Petroleum Industry, Emeka Duruigbo

Annual Survey of International & Comparative Law

This article is divided into three major sections. The first section defines the terms "compliance" and "enforcement" as they are used in this work. The second section contains an exposition of the traditional methods of compliance and enforcement, including their bases, scope, strengths and pitfalls. This part is divided into three subsections, each concentrating on a single method. The third section discusses an alternative approach of a norm of corporate behavior, emphasizing that ethical principles should be given legal teeth in international business and be integrated into the corpus of international law. The conclusion reached is that a concerted and …

Technical Barriers To Trade Under Nafta: Harmonizing Textile Labeling, Joshua A. Escoto

Annual Survey of International & Comparative Law

This paper takes an in-depth look at the North American Free Trade Agreement ("NAFTA") and its impact on technical regulations as barriers to trade, specifically, domestic labeling requirements in the textile industry. Part II will examine the international textile trade, NAFTA's standards'-related measures ("SRM"), and the administrative frameworks of Canada, Mexico and the United States. Part III will examine domestic textile labeling requirements, analyze the movement towards harmonization, and offer recommendations for NAFTA and future international trade agreements.

Unfair Competition Online And The European Electronic Commerce Directive, Marike Vermeer

Annual Survey of International & Comparative Law

The Internet offers companies, including small businesses, the chance to operate in a worldwide market. Recognition of the Internet as a commercial communication medium has stimulated many companies to experiment with new ways of marketing through web sites and e-mail. Let us take as a sample case a small Italian olive oil company selling its olive oil through the Internet to the entire world, and let us assume that this company is called Carbonara Olive Oil SpA. This article discusses how Carbonara can use the Internet in its search for new customers, and how that use might constitute an act …

Kosovo: To Bomb Or Not To Bomb? The Legality Is The Question, Leslie A. Burton

Annual Survey of International & Comparative Law

In 1998 and 1999, Yugoslavia was engaged in an "ethnic cleansing," involving the systematic murder of its ethnic minorities, especially within its state of Kosovo. Although the United Nations issued Resolutions condemning Yugoslavia's actions, the U.N. stopped short of ordering any enforcement action. The North Atlantic Treaty Organization ("NATO") members agreed that action must be taken to stop the slaughter. After attempts to negotiate peace in the region proved unsuccessful, NATO determined that an aggressive response was the only altemative. On March 24, 1999, NATO-sponsored forces commenced bombing Kosovo. The bombing ended on June 10, 1999, having achieved its aim. …

Enforcing Arbitration Awards Under The International Convention For The Settlement Of Investment Disputes (Icsid Convention), Vincent O. Nmehielle

Annual Survey of International & Comparative Law

This article addresses the broad question of enforcement of ICSID arbitral awards under the Convention, with the goal of analyzing the attendant issues. The article is divided into four parts. Part Two deals with background issues such as the purpose of ICSID as envisaged by the ICSID Convention and the composition of the ICSID. Part Three analyzes the ICSID arbitral process and discusses the ICSID's jurisdiction and the constitution of its arbitral panel. Part Four, the main section, discusses the recognition and enforcement of awards. This section will analyze the various steps of enforcement: recognition, enforcement itself, and execution of …

Alternative Dispute Resolution In The United States And Russia: A Comparative Evaluation, Elena Nosyreva

Annual Survey of International & Comparative Law

Unlike the United States with its extensive experience in alternative dispute resolution, this institution is in its infancy in Russia. Russia is only now developing an interest in out-of-court methods of dispute resolution. With economic changes, the number of new legal disputes has increased significantly. Russian courts of general jurisdiction are overloaded by civil cases. Ordinary litigation has become too expensive for the majority of the Russian people. In such conditions Russian society needs less expensive, more flexible alternatives to litigation. The purpose of this paper is to compare the ADR experiences in the United States and the Russian Federation, …

New Developments In 2001 Chinese Criminal Procedure Law, Xia Jinwen

Annual Survey of International & Comparative Law

On March 17,1996, the 8th National People's Congress passed a new criminal procedure law during its 4th conference, based on an earlier code promulgated on January 1, 1980. In general, the new Criminal Procedure Code introduced significant developments in connection with the following aspects of the law: presumption of innocence, coercive measures, abolition of exemption from prosecution, criminal defenses, and the reformation of judicial proceedings.

We Live On Their Land: Implications Of Long-Ago Takings Of Native American Indian Property, Anthony Peirson Xavier Bothwell

Annual Survey of International & Comparative Law

No abstract provided.

An Overview Of Insolvency Proceedings In Asia, Leslie A. Burton

Annual Survey of International & Comparative Law

This paper gives an overview of current bankruptcy (insolvency) proceedings in Asia. It will explain the existing laws, which are generally old and too outmoded to resolve modem cross-border debtor/creditor disputes. It will explore cultural attitudes which have both inhibited use of the existing laws and prevented meaningful changes to them. It will discuss how the changing structure of the market makes bankruptcy proceedings more common today than in the past, and appears to be leading many countries to revamp their bankruptcy laws. This paper will focus on the bankruptcy laws of eight Asian countries: Hong Kong, China, Taiwan, Indonesia, …

Genetically Modified Plants: A Need For International Regulation, Henrique Freire De Oliveira Souza

Annual Survey of International & Comparative Law

Amongst all the possible issues related to biotechnology, the issue concerning genetically modified food (GMF) has special importance: while the "creators" of this kind of food are starting to exploit it commercially, resistance to genetically modified food has risen under the leadership of the European countries.

This paper will be confined only to genetically modified plants (GMP) , and their impacts on both the environment and the economy. In this paper, an overview will be provided of the issues involved in the context of GMP, including aspects of consumer and environmental protection, international trade, and intellectual property. Then, and using …

Confessions And The Right To Counsel: Reflections On Recent Changes In Turkish Criminal Procedure, Robert K. Calhoun

Annual Survey of International & Comparative Law

The author delivered these remarks at the First International Workshop on Criminal Law Reform which was held in Istanbul, Turkey from October 20-24, 1999. The conference was sponsored by the Goethe Institute; Heinrich-Eoell-Stifling, Germany; University of Kansas School of Law; Marmara University School of Law; and Yeditepe University School of Law.

Crisis In Yugoslav Public Law, Petar Teofilovic

Annual Survey of International & Comparative Law

The domain of law, and public law in particular, has not been immune to the devastating effects of the sweeping and ongoing social crisis. A comprehensive picture of the state of Yugoslav public law would naturally require a much longer article. Thus, this paper will cover two of the most illustrative aspects in this domain: the crises in the federal order and in the media. Section II contains, as background, a brief outline of the federal arrangement of Yugoslavia; how it was established and its most important features. It also contains basic information about the political context in contemporary Yugoslavia. …

Update On The Hague Convention On The Recognition & Enforcement Of Foreign Judgments, Edward C.Y. Lau

Annual Survey of International & Comparative Law

This comment is based on remarks at the Eighth Regional Meeting of the American Society of International Law, at Golden Gate University School of Law, on March 19, 2000.

Towards An African Court Of Human Rights: Structuring And The Court, Vincent O. Orlu Nmehielle

Annual Survey of International & Comparative Law

The purpose of this paper is to argue the need for an African Court of Human Rights if African states truly wish to maintain an African human rights mechanism. In other words, for an effective African regional human rights protection and enforcement mechanism to exist, the African system must be made more effective and supplemented with a court of human rights. The proposal for an African Court of Human Rights will require an amendment of the Charter by a treaty or convention. Recent human rights violations include those that took place in Nigeria, in former Zaire under Mobutu Seseko, and …

An Introductory Framework For Analyzing The Proposed Hague Convention On Jurisdiction And Foreign Judgments In Civil And Commercial Matters: U.S. And European Perspectives, Michael Traynor

Annual Survey of International & Comparative Law

This comment is based on remarks at the Eighth Regional Meeting of the American Society of International Law, at Golden Gate University School of Law, on March 19, 1999. Given developments in the draft convention since then, references in this comment are to the Preliminary Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters, adopted by the Special Commission on 30 October 1999.

The Lockerbie Controversy: Tension Between The International Court Of Justice And The Security Council, Eric Zubel

Annual Survey of International & Comparative Law

Pan American Flight 103 exploded midair over Lockerbie, Scotland on December 21,1988. Investigations suggested that two Libyan nationals were to blame. When the U.N. Security Council imposed sanctions on the Libyan government in 1993 for its failure to cooperate with U.S. and U.K extradition requests, Libya turned to the International Court of Justice (ICJ) for help. Libya asked the ICJ to declare that Libya was not obliged to extradite its nationals to the United States or the United Kingdom and further asked the Court to enjoin the U.S. and the U.K from the use of force or threats against Libya. …

Northern Ireland's Criminal Trials Without Jury: The Diplock Experiment, Carol Daugherty Rasnic

Annual Survey of International & Comparative Law

Northern Ireland's principle of non-jury felony trials is an anomaly in Anglo-American jurisprudence. Indeed, it is unique among common law systems. One British legal scholar has referred to the jury trial as the "paradigm of all [criminal] trials." The exceptional situation in Northern Ireland has resulted from the ongoing "troubles" which, since the late 1960s, have been a prominent feature of life in this small segment of the United Kingdom. Eliminating the jury in trials dealing with terrorist charges was determined to be necessary in dealing with the mounting sectarian violence. Part I of this article summarizes the issue dividing …

Toward An International Bankruptcy Policy In Europe: Four Decades In Search Of A Treaty, Leslie A. Burton

Annual Survey of International & Comparative Law

As multinational trade has increased, so has the need for crossborder insolvency agreements. For forty years, the European Community and European Union have attempted to agree on cross-border insolvency procedures. The author explores the history of these efforts, the policy issues which have made agreement difficult, and the demise of the EUs best hope for a cross-border insolvency agreement: the failed 1995 Convention. Finally, she compares past and current proposals, and explains why they are inferior solutions to the failed Convention.

Out Of A Tangled Skein Into The International: The Development Of Legal Culture, Alexander Boldizar, Outi Korhonen

Annual Survey of International & Comparative Law

The authors examine the heterogeneous and heteronomous threads in a skein of national and international legal cultures using the Czech Republic as a case study.

The Role Of Apec In The Achievement Of Regional Cooperation In Southeast Asia, Lorraine C. Cardenas, Arpaporn Buranakanits

Annual Survey of International & Comparative Law

The Asia Pacific Economic Cooperation (APEC) forum represents a major achievement of regional cooperation in Southeast Asia. APEC's successes have resulted from its informal and amorphous nature, and reflect the fact that the forum constitutes a process for cooperation, rather than an institution. The authors trace the origins and history of APEC, follow developments through the various ministerial meetings, and assess APEC's accomplishments in the areas of trade liberalization, dispute resolution, and the environment. The authors conclude, in view of the diverse interests of its members, that APEC's focus on openness, voluntariness, and decentralization will continue to foster regional cooperation …

Virtual Reality And Reality: The East Asian Nics And The Global Trading System, Ernesto M. Hizon

Annual Survey of International & Comparative Law

In this study, the GATT/WTO "system" will first be distinguished from the actual global trade regime as it developed in the context of the emerging East Asian economies. Next will follow a brief narrative history of the rise of the East. Asian NICs from a less than idealistic perspective. With the historical context in place, the article then delves into the concept of "fairness" and the WTO dispute settlement mechanism, placing the rules embodied in the procedure in situational context vis-a-vis developing countries. The changing center of gravity within the system is then illustrated by discussion of the WTO's shift …

The Resolution Of Transnational Commercial Disputes: A Perspective From North America, George W. Coombe Jr.

Annual Survey of International & Comparative Law

The author delivered these remarks on March 20, 1998 at Golden Gate University School of Law at the Seventh Regional Meeting of the American Society of International Law, held in conjunction with the Eighth Annual Fulbright Symposium on International Legal Problems.

The 1996 Brazilian Commercial Arbitration Law, Cristina Schwansee Romano

Annual Survey of International & Comparative Law

The author provides a systematic overview of recent legal developments that favor the use of international commercial arbitration in Brazil. This study provides an overview of the main aspects of the 1996 Brazilian Arbitration Law and the major innovations that it has introduced in Brazil.

Volume V Masthead

Annual Survey of International & Comparative Law

No abstract provided.