Law Commons^™

What The Principle Of Self-Determination Means Today, Mitchell A. Hill

ILSA Journal of International & Comparative Law

The right of all peoples to self-determination has been one of the most vigorously promoted and widely accepted contemporary norms of international law. There is no clear consensus, however, as to what the meaning and content of that right is, and it has gained the distinction of "being one of the most confused expressions in the lexicon of international relations.

Watching Czechs Look West, Norman Silber

ILSA Journal of International & Comparative Law

"I prefer the way we live in my home of Krevitsonitze," the Czech factory computer engineer named Dzhenek told me. Together we flew toward Prague, conversing in broken English and pitiful Czech with the aid of a bilingual dictionary. Dzhenek was going home after four months spent in Pennsylvania, where he had been part of a team installing his Czech company's first American export: a giant computer-directed lathe in a machine-tools factory.

Privatization At The Crossroad Of Latvia's Economic Reform, Sandra Berzups

ILSA Journal of International & Comparative Law

Latvia regained its independence from the former Soviet Union in August 1991. Since then, it has begun the slow and arduous path of replacing the centrally-planned, socialist system with an economic structure based on free-market principles. Latvia began this transition "in a difficult environment characterized by macroeconomic imbalances inherited from four decades of central planning and disruptions caused by a sharp contraction of trade with Russia and other states of the former Soviet Union."

Abuse Of Diplomatic Immunity: Is The Government Doing Enough?, Rina Goldenberg

ILSA Journal of International & Comparative Law

"Diplomatic immunity covers many things, but failing to pay $400,000 rent is not one of them, a federal judge said as he ordered the Zaire mission to the United Nations to be evicted from its offices."' However, only a few months later, the Second Circuit Court of Appeals overruled the judge by holding that diplomatic immunity does extend to this case and that the mission cannot be evicted.

Justice On Trial: The Efficacy Of The International Criminal Tribunal For Rwanda, Melissa Gordon

ILSA Journal of International & Comparative Law

There can be no peace without justice, no justice without law, and no meaningful law without a court to decide what is just and lawful under any given circumstance. The process of codification, adjudication and enforcement is as vital to a tranquil international community as it is to any independent national state.

-Benjamin B. Ferencz'"

The success of the Yugoslavian and Rwandan War Crimes Tribunals will determine the future of international criminal law. Whether the Tribunals are able to command the attention and respect of the world remains to be seen.

Delimitation, Exploitation, And Allocation Of Transboundary Oil & Gas Deposits Between Nation-States, Thomas A. Reynolds

ILSA Journal of International & Comparative Law

Liquid hydrocarbon deposits often extend across national frontiers in such a manner that an entire deposit may be exploited, wholly or in part, from either side of the boundary line. This "characteristic of liquid hydrocarbons has been a fundamental cause of disputes, conflicts, and even wars in many parts of the world.

Reshaping Trademark Protection In Today's Global Village: Looking Beyond Gatt's Uruguay Round Toward Global Trademark Harmonization And Centralization, Harriet R. Freeman

ILSA Journal of International & Comparative Law

The world has become a "global village" in which the "medium is the message."' A business engaged in international trade uses its trademark' as the medium to convey its message.

Redefining Freedom Of Speech Under International Space Law: The Need For Bilateral Communications Alliances To Resolve The Debate Between The "Free Flow Of Information" And "Prior Consent" Schools Of Thought, Albert N. Delzeit, Robin M. Wahl

ILSA Journal of International & Comparative Law

The International Court of Justice (ICJ) has a dilemma. Imagine the Utopian States' positions a $236 million satellite system in the geosynchronous orbit to broadcast Utopian programming into Atlantis. Atlantis is outraged. Atlantis believes that Utopian programming not only destroys the cultural identity of Atlantis, but also advocates the overthrow of the Atlantian government. Despite protests by Atlantis, the Utopian States assert that international freedom of speech protects the broadcast.

Proposing A Treaty On The Prevention Of International Corrupt Payments: Cloning The Foreign Corrupt Practices Act Is Not The Answer, Stephen Muffler

ILSA Journal of International & Comparative Law

The taking of a bribe or gratuity, should be punished with as severe penalties as the defrauding of the State.

- William Penn'

If all statesmen shared this ideology, there would be no need for this article. However, a glance at current business journals and news agencies shows the great necessity to address global corrupt practices in today's transnational business environment.

In Pursuit Of Pan Am, Peter Watson

ILSA Journal of International & Comparative Law

It is trite to say that the world is becoming smaller, yet it is true. For all of us who travel for business or pleasure, horizons expand and widen, and as we travel from country to country, and continent to continent, the challenges for lawyers become more complex and demanding. No longer is it sufficient to understand the laws and practice competently within your own jurisdiction, be it the United States or another country.

Section 301 And The New Two Dispute Settlement Understanding, Susana Hernandez Puente

ILSA Journal of International & Comparative Law

Section 301 of the Trade Act of 1974 (as amended) is the principal United States statute designed to address foreign unfair practices affecting United States exports of goods and services, and to achieve improved intellectual property protection as well as equitable rules for investment abroad

International Legal Sources And Global Environmental Crises: The Inadequacy Of Principles, Treaties, And Custom, Krista Singleton-Cambage

ILSA Journal of International & Comparative Law

The deterioration of the earth's physical environment presently represents a phenomenon which international society has never faced before. The current legal and political approach to global environmental crises appears largely inadequate as an effective response to this deterioration. International law, due to its very foundations, is unable to cope with global environmental degradation as it does not provide a clear and compelling direction for states to work collectively toward a common goal.

A Woman's Cry For Help: Why The United States Should Apply Germany's Model Of Self-Defense For The Battered Woman, Danielle R. Dubin

ILSA Journal of International & Comparative Law

Domestic violence cuts across all social, economical, and political strata. In the United States a woman is beaten every fifteen seconds in her own home. In 1988, 1075 women were murdered by their spouses

The Changing Aid Environment: Perspectives On The Official Development Assistance Debate, Emilio J. Cardenas, Carlos Sersale Di Cerisano, Secretary Oscar Avalle

ILSA Journal of International & Comparative Law

Our problem, as you well know and as I outlined, is to find a place for the foreign assistance package in the overall scheme, as we make a sincere effort here in Congress to try to balance the budget by the year 2002.'

Negotiations are currently being held at the United Nations for the formation of an Agenda for Development. In the center of these negotiations lies the role of the international community and, in particular, the role of developed countries in providing adequate Official Development Assistance (ODA) for the economic growth and sustainable development of developing countries.

Lender Liability: Civil Liability Regimes For Environmental Harm, John P. Morgan

ILSA Journal of International & Comparative Law

Lenders in the 1990s are increasingly being forced to take notice of environmental risks in their lending practices in both the United States and abroad.

Human Rights Provisions Of The U.N. Charter: The History In U.S. Courts, Jo L. Southard

ILSA Journal of International & Comparative Law

American law schools use appellate court decisions to teach the implementation and progression of the law. Typically, the first case in a series will stand for the proposition that a plaintiff is entitled to a certain right. A later case demonstrates that a subsequent plaintiff is also entitled to the right. After a number of cases are presented, the student is expected to understand the law, policy, doctrine or test that applies to situations revolving around the right.

Success And Failure Components Of Global Environmental Cooperation: The Making Of International Environmental Law, Gary L. Scott, Anthony D. Lott, Geoffrey M. Reynolds

ILSA Journal of International & Comparative Law

As this quotation suggests, international environmental problems have taken center stage since the end of the cold war, capturing the attention of scholars and diplomats alike. The number of scholarly articles devoted to the environment, particularly those focusing on international environmental problems, has increased dramatically in the past few years.

The Efficacy Of International Environmental Law: A Personal Reflection, Francis D. P. Situma

ILSA Journal of International & Comparative Law

Chapter 38 of the Agenda 21' adopted by the United Nations Conference on Environment and Development at Rio de Janeiro in June 1992 emphasizes the need for an enhanced and strengthened role of the United Nations Environment Programme (UNEP) in the further development of international environmental law.

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

ILSA Journal of International & Comparative Law

The taking of a bribe or gratuity, should be punished with as severe penalties as the defrauding of the State.

- William Penn'

If all statesmen shared this ideology, there would be no need for this article. However, a glance at current business journals and news agencies shows the great necessity to address global corrupt practices in today's transnational business environment.

International Environmental Law: The Impact And Implications Of Municipal Environmental Law, Harry H. Almond Jr.

ILSA Journal of International & Comparative Law

States universally claim access to authority and control over events and persons. States exercise power within their territories primarily to maintain and promote public order, protect their assets and wealth, and ensure the public safety. The end result of these actions is law. The operational element of law involves combinations invoking cooperation, reciprocity in treatment and behavior, and dispute management and settlement.

Developing A Global Right To Know, Gary Rischitelli

ILSA Journal of International & Comparative Law

This paper reviews "right-to-know" acts and examines the policy and methods used to implement them. It introduces two of the better known right-to-know schemes, the United States Emergency Planning and Community Right-to-Know Act (EPCRA)' and the European Community's Seveso Directive.

The International Effort To Control The Transboundary Movement Of Hazardous Waste: The Basel And Bamako Conventions, Daniel Jaffe

ILSA Journal of International & Comparative Law

In 1986, a ship named the Khian Sea set sail from Philadelphia carrying nearly 14,000 tons of toxic incinerator ash.' The ship was unable to dispose of the ash at her first destination, the Bahamian port of Ocean Cay. The ship then went to Honduras, Panama, and Guinea-Bisseau, only to be rejected.'

International Transfer Pricing Rules: Unconventional Wisdom, Eugene E. Lester

ILSA Journal of International & Comparative Law

In the sixteenth century, the Spanish Empire was larger and "more powerful than any other European state since the Roman Empire.", A historian of that time period said, "[t]he sun never sets on the dominion of the King of Spain." Tax historian Charles Adams asserted that Imperial Spain's failure to reform its tax system significantly contributed to its demise

Appellate Practice, Anthony C. Musto

Nova Law Review

No abstract provided.

Medical Malpractice: A Review Of The Presuit Screening Provisions Of The Florida Medical Malpractice Act, Nelly N. Khouzam

Nova Law Review

No abstract provided.

The Curious Case Of Alcee Hastings, Alan I. Baron

Nova Law Review

At 10:00 a.m. on October 20, 1989, the final act in a proceeding

unique in American history began to unfold as the United States Senate was

called to order by Senator Robert Byrd of West Virginia.

Halacha As A Model For American Penal Practice: A Comparison Of Halachic And American Punishment Methods, Kenneth Shuster

Nova Law Review

America's punishment system is not working.2 In the United States,

in 1991 alone, a murder was committed every twenty-one minutes, a woman

was raped every five minutes, a person was robbed every forty-six seconds,

and a burglary occurred every ten seconds

On The Differences Between Blood And Red Ink: A Second Look At The Policy Arguments For The Abrogation Of The Economic Loss Rule In Consumer Litigation, Edward T. O'Donnell, David I. Weiss, Daniel L. Kaplan

Nova Law Review

The long-running debate concerning the scope of the economic loss

rule' presents issues which are important in themselves and as illustrations

of broader questions.2 Litigants and commentators champion the opposing

schools of thought through close analysis of precedent;3 the exchange of

views as to the nature of tort law and contract law;4 and occasionally,

economic analysis.

The Right Of Publicity: A Matter Of Privacy, Property, Or Public Domain?, Kenneth E. Spahn

Nova Law Review

This article discusses the right of publicity, beginning in Part II with

the difficulty in defining a legal right of publicity, and the resulting various

legal doctrines upon which the right has been analyzed.

National Depositor Preference: In An Attempt To Raise Revenue, Congress Completely Ignores A Potential Disaster, David J. Ratway

Nova Law Review

Until recently, the risk of a bank's insolvency was borne primarily by

the Federal Deposit Insurance Corporation ("FDIC").'