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2001

University of California, Hastings College of the Law

International Law

Articles 1 - 30 of 32

Full-Text Articles in Law

Which Torts In Violation Of The Law Of Nations?, William S. Dodge Jan 2001

Which Torts In Violation Of The Law Of Nations?, William S. Dodge

Faculty Scholarship

No abstract provided.


Antitrust And The Draft Hague Judgments Convention, William S. Dodge Jan 2001

Antitrust And The Draft Hague Judgments Convention, William S. Dodge

Faculty Scholarship

No abstract provided.


Sanctions As Genocide, George Bisharat Jan 2001

Sanctions As Genocide, George Bisharat

Faculty Scholarship

No abstract provided.


Holding Multinational Corporations Responsible Under International Law, Joel R. Paul Jan 2001

Holding Multinational Corporations Responsible Under International Law, Joel R. Paul

Faculty Scholarship

No abstract provided.


The Pinochet Precedent And Universal Jurisdiction, Naomi Roht-Arriaza Jan 2001

The Pinochet Precedent And Universal Jurisdiction, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.


Codes Of Conduct: The Fiction Of Corporate Self-Regulation, Naomi Roht-Arriaza Jan 2001

Codes Of Conduct: The Fiction Of Corporate Self-Regulation, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.


Text Of Remarks On Panel: Indigenous Peoples, Environmental Torts And Cultural Genocide, Robert Coulter Jan 2001

Text Of Remarks On Panel: Indigenous Peoples, Environmental Torts And Cultural Genocide, Robert Coulter

Hastings International and Comparative Law Review

No abstract provided.


Multinational Corporate Liability Under The Alien Tort Claims Act: Some Structural Concerns, Michael D. Ramsey Jan 2001

Multinational Corporate Liability Under The Alien Tort Claims Act: Some Structural Concerns, Michael D. Ramsey

Hastings International and Comparative Law Review

No abstract provided.


Text Of Remarks On Panel: Indigenous Peoples, Environmental Torts And Cultural Genocide, Richard Herz Jan 2001

Text Of Remarks On Panel: Indigenous Peoples, Environmental Torts And Cultural Genocide, Richard Herz

Hastings International and Comparative Law Review

No abstract provided.


Enabling American High-Tech Companies To Protect Their Secrets Abroad: A Comparative Analysis Of Irish And American Trade Secret Regulation, Kelly Irene Phair Jan 2001

Enabling American High-Tech Companies To Protect Their Secrets Abroad: A Comparative Analysis Of Irish And American Trade Secret Regulation, Kelly Irene Phair

Hastings International and Comparative Law Review

No abstract provided.


Securing Transnational Corporate Accountability Through National Courts: Implications And Policy Options, Halina Ward Jan 2001

Securing Transnational Corporate Accountability Through National Courts: Implications And Policy Options, Halina Ward

Hastings International and Comparative Law Review

No abstract provided.


The International Legal Rights Of Indigenous Peoples Affected By Natural Resource Exploitation: A Brief Case Study, Martin Wagner Jan 2001

The International Legal Rights Of Indigenous Peoples Affected By Natural Resource Exploitation: A Brief Case Study, Martin Wagner

Hastings International and Comparative Law Review

No abstract provided.


Categories Of Corporate Complicity In Human Rights Abuses, Andrew Clapham, Scott Jerbi Jan 2001

Categories Of Corporate Complicity In Human Rights Abuses, Andrew Clapham, Scott Jerbi

Hastings International and Comparative Law Review

No abstract provided.


U.S. Jurisdiction Over Conflicts Arising Outside Of The United States: Some Hegemonic Implications, Ugo Mattei, Jeffrey Lena Jan 2001

U.S. Jurisdiction Over Conflicts Arising Outside Of The United States: Some Hegemonic Implications, Ugo Mattei, Jeffrey Lena

Hastings International and Comparative Law Review

No abstract provided.


A Paper Tiger--An Examination Of The International Religious Freedom Act's Impact On Christianity In China, Betty L. Wong Jan 2001

A Paper Tiger--An Examination Of The International Religious Freedom Act's Impact On Christianity In China, Betty L. Wong

Hastings International and Comparative Law Review

No abstract provided.


Compulsory Licensing Of Pharmaceuticals Under Trips: What Standard Of Compensation, Susan Vastano Vaughan Jan 2001

Compulsory Licensing Of Pharmaceuticals Under Trips: What Standard Of Compensation, Susan Vastano Vaughan

Hastings International and Comparative Law Review

Harmonization of international intellectual property laws has been the object of considerable recent effort under both public international law and international trade law. The GATT Uruguay Round Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) resulted in significant steps toward harmonization. The proper application of compulsory licensing of patents under TRIPS has been the subject of much early debate. Proposed standards of compensation have been wildly divergent, reflecting the conflicting policy concerns of developed and developing nations.

This Note provides an overview of the conflict between developed and developing nations over the proper reach of intellectual property rights. It then ...


Uniform Rules Of Engagement: The New Tax Regime For Foreign Sales, Harold S. Peckron Jan 2001

Uniform Rules Of Engagement: The New Tax Regime For Foreign Sales, Harold S. Peckron

Hastings International and Comparative Law Review

The World Trade Organization (WTO) administers, enforces, and decides international trade disputes by establishing uniform rules of trade engagement designed to minimize trade wars. Countries that fail to abide by the WTO rules can be taken to the WTO courts and face eventual sanctioned retaliation. Without such rules, global economic competition can be as fierce as the most devastating battle and, as history has shown, can be the catalyst for war.

This Article examines the United States' alleged disregard of the WTO uniform trade rules through the use of foreign sales corporations, and how this tax regime almost ignited an ...


The Socialist Republic Of Vietnam's Labor Code: Looking Beyond The Printed Papers, Johnny Vinh Phan Jan 2001

The Socialist Republic Of Vietnam's Labor Code: Looking Beyond The Printed Papers, Johnny Vinh Phan

Hastings International and Comparative Law Review

The Vietnamese government's anxiety and fear of foreign involvement within its borders can be traced back to its history of foreign domination. Many generations of Vietnamese endured continuous warfare to obtain Vietnam's current independence.

This Note walks through Vietnam's economic changes over the past fifteen years. It describes Vietnam's Labor Code, and analyzes the Vietnamese legal system's shortcomings in protecting workers from exploitation by multinational corporations. The Note then identifies possible explanations and solutions to some of the problems, and concludes with an overview of doi moi ("new economic thinking").


The Price Of Passion: The Banishment Of English Hooligans From Football Matches In Violation Of Fundamental Freedoms, Geoff Beckham Jan 2001

The Price Of Passion: The Banishment Of English Hooligans From Football Matches In Violation Of Fundamental Freedoms, Geoff Beckham

Hastings International and Comparative Law Review

International football is the world's most popular team sport. As often as the global football community exults in worldwide camaraderie, its image is scarred by the inexplicably violent behavior of its supporters.

This Note examines English efforts to curb hooliganism through recently-enacted legislation. The anti-hooligan laws are analyzed in light of the protections guaranteed in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the U.S. Constitution. This Note concludes that English hooligan laws violate Article 7 of the European Convention and the ex post facto clause of the U.S. Constitution.


Ryousai Kenbo Revisited: The Future Of Gender Equality In Japan After The 1997 Equal Employment Opportunity Law, Robert Larsen Jan 2001

Ryousai Kenbo Revisited: The Future Of Gender Equality In Japan After The 1997 Equal Employment Opportunity Law, Robert Larsen

Hastings International and Comparative Law Review

In 1985 amid international and domestic pressure, Japan enacted the Equal Employment Opportunity Law (EEOL). Many viewed it as an era of change, one that would see Japanese women rise to equality with male co-workers. However, equal employment never materialized. Historical context and the experience of the 1985 EEOL provide insights into the future of gender equality in Japan.

This Note provides a brief description of the Japanese corporate world and a historical context of women in Japanese society. It identifies pressures, both domestic and international, that Japan faced prior to 1985 that led up to the EEOL. The 1985 ...


A Journey Of Two Countries: A Comparative Study Of The Death Penalty In Israel And South Africa, Michelle M. Sharoni Jan 2001

A Journey Of Two Countries: A Comparative Study Of The Death Penalty In Israel And South Africa, Michelle M. Sharoni

Hastings International and Comparative Law Review

The death penalty remains a complex and controversial topic in many countries all around the world. Israel and South Africa have traveled along diverse and fascinating paths in deciding whether the death penalty is constitutional. This Note examines the history of the death penalty in Israel and South Africa, emphasizing the process of its abolition.

This Note reviews the sources of Hebrew law, the history of the death penalty in Israel and the Jewish legal system. It addresses the history of the death penalty in South Africa, from the period of the early settlers up to a recent unanimous decision ...


The Internet Content Rating Association: The Way To Patrol The Internet Highway, Carrie Lam Jan 2001

The Internet Content Rating Association: The Way To Patrol The Internet Highway, Carrie Lam

Hastings International and Comparative Law Review

The Internet makes information easily accessible and allows people all over the world to research and telecommute from the comforts of their own homes. However, such unlimited access is a double-edged sword. Problematic information that is accessible to anyone with a computer and a modem, such as sexually explicit material, can also be found on the Internet.

This Note examines the conflict between protecting children online and protecting free speech. A comparison is made between the United States' attempts at solutions through the Communications Decency Act and the Child Online Protection Act, and the new international and self-regulatory approach of ...


A First Look At The Interim Merits Award In S.D. Myers, Inc. V. Canada: It Is Possible To Balance Legitimate Environmental Concerns With Investment Protection, Todd Weiler Jan 2001

A First Look At The Interim Merits Award In S.D. Myers, Inc. V. Canada: It Is Possible To Balance Legitimate Environmental Concerns With Investment Protection, Todd Weiler

Hastings International and Comparative Law Review

This Article is a response to Joseph de Pencier's paper Investment, Environment and Dispute Settlement: Arbitration Under NAFTA Chapter Eleven in issue 23:3-4 of this journal. This reply is based upon the author's experience as counsel for the investor in S.D. Myers, Inc. v. Canada (Myers) and similar cases.

This Article provides a critical commentary on various elements of Mr. de Pencier's paper that deal with the Myers claim. It provides some tentative suggestions on how the substantive provisions of NAFTA Chapter 11 might be interpreted in future cases where investment protection and environmental protection ...


Holding Multinational Corporations Responsible Under International Law, Joel R. Paul Jan 2001

Holding Multinational Corporations Responsible Under International Law, Joel R. Paul

Hastings International and Comparative Law Review

No abstract provided.


Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann Jan 2001

Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann

Hastings International and Comparative Law Review

No abstract provided.


Two Observations On Holocaust Claims, William W. Bratton Jan 2001

Two Observations On Holocaust Claims, William W. Bratton

Hastings International and Comparative Law Review

No abstract provided.


Corporate Liability: Enforcing Human Rights Through Domestic Litigation, Beth Stephens Jan 2001

Corporate Liability: Enforcing Human Rights Through Domestic Litigation, Beth Stephens

Hastings International and Comparative Law Review

No abstract provided.


Accountability Of Multinational Corporations: The Barriers Presented By Concepts Of The Corporate Juridical Entity, Phillip I. Blumberg Jan 2001

Accountability Of Multinational Corporations: The Barriers Presented By Concepts Of The Corporate Juridical Entity, Phillip I. Blumberg

Hastings International and Comparative Law Review

No abstract provided.


Text Of Remarks On Panel: Codes Of Conduct And Transparency, Cynthia Williams Jan 2001

Text Of Remarks On Panel: Codes Of Conduct And Transparency, Cynthia Williams

Hastings International and Comparative Law Review

No abstract provided.


Which Torts In Violation Of The Law Of Nations, William S. Dodge Jan 2001

Which Torts In Violation Of The Law Of Nations, William S. Dodge

Hastings International and Comparative Law Review

No abstract provided.