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Golden Gate University School of Law

2010

Annual Survey of International & Comparative Law

Law

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Full-Text Articles in Law

Applicable Law In International Terrorist Threats And Attacks And The Consequences Of Error In Personam, Somcharti Sucharitkul Aug 2010

Applicable Law In International Terrorist Threats And Attacks And The Consequences Of Error In Personam, Somcharti Sucharitkul

Annual Survey of International & Comparative Law

The objective of this paper is neither to reiterate the diversity of definitions nor to corroborate a particular position on the concept of international terrorism but to facilitate the search for the definition of international terrorism, which seems to be of immediate and urgent priority in the context of 21 st century globalization. In my attempt to identify the contemporary core terrorist threat, I will first focus on a model of distinction based on the applicable law in Part I. I will discuss why this model is appropriate and compatible with the trends of international law dealing with international terrorism. …


Promises Of Rewards In A Comparative Perspective, Pablo Lerner Aug 2010

Promises Of Rewards In A Comparative Perspective, Pablo Lerner

Annual Survey of International & Comparative Law

I will deal with the different aspects of the promise of rewards, comparing the unilateral solution, inspired by the tradition in civil law countries, with the solution. in the common law jurisdictions, and I will try to show why in my opinion the unilateral approach prompts better and more coherent solutions. Against the background of the analysis of reward, we will have the opportunity to elaborate some ideas about the meaning of such basic concepts as contract, promise or bargain. Then I will try to distinguish between reward and other offers to the public, a distinction that is justified if …


Alternative Dispute Resolution In The United States And Russia: A Comparative Evaluation, Elena Nosyreva Aug 2010

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, …