International Law Commons^™

Freedom Of Information And The Eu Data Protection Directive, James Maxeiner

All Faculty Scholarship

The EU Data Protection Directive attempts to balance protection of privacy and freedom of information acquisition. It does this by authorizing Member States to provide exemptions and derogations in their individual legislation.

Francovich: Light At The End Of The Marshall Tunnel, Rene Valladares

University of Miami International and Comparative Law Review

No abstract provided.

Actions Needed For Lifting The U.S. Trade Embargo Against Cuba, Matias F. Travieso-Diaz

University of Miami International and Comparative Law Review

No abstract provided.

Property Rights In The Post-Castro Cuban Constitution, Oscar M. Garibaldi, John D. Kirby

University of Miami International and Comparative Law Review

No abstract provided.

Real Property Law Under The Current Cuban Regime, Douglas E. Matthews

University of Miami International and Comparative Law Review

No abstract provided.

E Visas: An Analysis Of The Legislative History And Proposed Governing Regulations, Hedayat Tahbaz

University of Miami International and Comparative Law Review

No abstract provided.

Some Lessons For Cuba From The Legal Changes In Eastern Europe, Matias F. Travieso-Diaz, Stephan M. Bleisteiner

University of Miami International and Comparative Law Review

No abstract provided.

Institutional Aspects Of International Governance, Elisabeth Zoller

Indiana Journal of Global Legal Studies

Professor Elisabeth Zoller discusses the domain and the methods of internationalg overnance. In PartI , she addresses the notion of the "international community." Professor Zoller argues that the international community is not really a community at all, but several "intertangled communities" with common interests. These common interests emerged as a result of several worldwide events, such as World War I and the Great Depression. The author asserts that common interests among nation states and priority setting are the two prerequisites necessary for international governance. In Part II, the authore xamines the methods of internationalg overnance, beginning with the proposition that …

Brazil

University of Miami Inter-American Law Review

No abstract provided.

The Extraordinary Counter-Majoritarian Power Of The New Supreme Court Of Nepal, Richard Stith

Law Faculty Publications

No abstract provided.

The Hague Convention On The Civil Aspects Of International Child Abduction: Are The Convention's Goals Being Achieved?, Julia A. Todd

Indiana Journal of Global Legal Studies

No abstract provided.

Litigation In The U.S. And In The Civil Law System: What Can We Learn From Each Other?, James Maxeiner

All Faculty Scholarship

Discusses the lack of American interest in learning about foreign civil procedure. Considers points where America might benefit from foreign experiences. Suggests significant differences in procedure can be attributed to emphasis on day-in-court thinking over reasoned decision thinking.

Macedonia: Far More Than A Name To Greece, Dean M. Poulakidas

UC Law SF International Law Review

Ever since its independence in 1991, the Former Yugoslav Republic of Macedonia (FYROM) has vigorously advocated for its international recognition as the "Republic of Macedonia." Greece does not oppose the independence of the FYROM, but rather the international recognition of this new republic with its current political objectives. Greece ardently opposes the FYROM's claims to Greece's northern province of Macedonia. While the international media and the FYROM have carelessly classified this dispute as one focused solely on the name "Macedonia," Greece's objections do not end with the new republic's use of the name of Greece's northernmost province. The FYROM's claims …

An Outline Of History Of Environmental Law And Administration In Poland, Daniel H. Cole

UC Law SF International Law Review

Poland is reputed to be one of the world's most polluted countries. It is commonly, but mistakenly, supposed that Polish governments, especially during the communist era, made no serious effort to protect the environment. This Article outlines Poland's long history of environmental and nature protection, from medieval statutes protecting the European bison and centuries old sanitation laws regulating city sewers, to communist-era laws designed to control industrial pollution through the innovative (if ironic) use of market mechanisms. The final section of the Article describes current efforts to improve environmental protection in the post-socialist Republic of Poland.

Changing Money: Foreign Exchange Reform In The People's Republic Of China, Larry L. Drumm

UC Law SF International Law Review

Completed shortly before the controversial $100 million Lehman Brothers civil lawsuit against two ,Chinese firms over foreign exchange obligations made headlines, this Note provides a detailed overview of the development of PRC's complex foreign exchange system before the time of the suit and includes a full explanation of the 1994 overhaul, its causes and implications.

In succession, the Note explores the history of the system, the problems the foreign exchange system presented to foreign direct investment, the crisis believed to have prompted the 1994 reforms and finally the form and potential impact of the reforms on foreign direct investment and …

Justice On The Far Side Of The World: The Continuing Problem Of Misconduct By Civilians Accompanying The Armed Forces In Foreign Countries, Thomas G. Becker

UC Law SF International Law Review

This Article examines the legal challenge presented when civilians who accompany the United States military at its bases in foreign countries commit misconduct. American overseas posts have large numbers of civilian family members, U.S. employees, and contractors. The Article discusses the historical application of military law to such persons, recent proposals to extend Tire 18 of the United States Code to certain offenses committed by civilians overseas, and issues raised by proposed legislation.

Foreign Multinational Enterprises Operating In The United States Seek Sanctuary From Title Vii Employment Discrimination Charges In Treaties Of Friendship, Commerce, And Navigation, Christine Neylon O'Brien, Gerald A. Madek, Margo E. K. Reder

UC Law SF International Law Review

Where foreign multinational enterprises do business in the United States through locally incorporated subsidiaries, the employer's equal employment opportunity obligations under the U.S. laws may be tempered by international commercial treaties that permit foreign employers to freely choose key personnel such as accountants, technical experts, executives, attorneys, agents and other specialists. While the free choice exemption contained in the many bilateral treaties of friendship, commerce and navigation to which the United States is signatory protects the economic and legal interests of foreign investors, it allows foreign-owned companies to prefer their own nationals, which may disadvantage U.S. nationals. Because employment patterns …

Individual Versus Society: The Cultural Dynamics Of Criminalizing Suicide, Benjamin P. Fay

UC Law SF International Law Review

Various societies try to deal with the problem of suicide by criminalizing assisted suicide, attempted suicide, and sometimes even suicide itself. In the United States, suicide and attempted suicide are generally no longer criminalized. However, many states are grappling with the question of whether to criminalize assisted suicide. This Note examines suicide laws in two very different cultures, England and India, in order to determine whether there is a common lesson to be learned. The author concludes that the resolution of the question of whether to criminalize suicide or attempted suicide involves weighing the individual's interest in self-determination against the …

Health Care Reform And Erisa Preemption: Can The States Adopt Aspects Of Germany's Health Care System To Achieve Universal Access And Cost Containment, Byron Done

UC Law SF International Law Review

In 1994 Congress addressed a national crisis concerning the soaring cost of health care in the United States and the growing population of uninsured Americans. Congress debated the issues, but declined to enact any legislation. The problems, however, still persist. A few states have attempted comprehensive health care reform through state legislation, but the federal Employee Retirement Income Security Act (ERISA) has consistently preempted those attempts. This Note analyzes the ERISA preemption clause, its role as a barrier to comprehensive state health care reform, and some of ERISA's perverse effects on the employees it purports to protect. The Note also …

Fast-Track Arbitration In Europe (With Special Reference To The Wipo Expedited Arbitration Rules), Jan Paulsson

UC Law SF International Law Review

No abstract provided.

Dispute Settlement Under The Cfta And Nafta: From Eleventh-Hour Innovation To Accepted Institution, Harry B. Endsley

UC Law SF International Law Review

No abstract provided.

Reforming International Institutions To Improve Global Environmental Relations, Agreement, And Treaty Enforcement, Steven M. Anderson

UC Law SF International Law Review

The number of international environmental agreements has increased dramatically over the last several decades. Unfortunately, signed global accords have not always translated into ratified, fully enforced treaties. Several factors contribute to this dilemma including: the constraints of international law, recurring debates between lesser developed countries and their northern neighbors over standard setting and treaty administration, overburdened treaty implementation bodies, and-as evidenced by the U.S. example-domestic politics.

Reforming the current international environmental legal structure can help resolve enforcement difficulties. This Note examines existing international environmental organizations- with particular focus on the Global Environment Facility-and points to procedures and practices which have …

Codifying Property Law In The Process Of Transition: Some Suggestions From Comparative Law And Economics, Gianmaria Ajani, Ugo Mattei

UC Law SF International Law Review

This Article analyzes the problem of property law reform in former Socialist countries from a comparative law and economics perspective. While traditional classification of former Socialist countries as a homogeneous family can now be questioned on the basis of both past and present legal transplants, they still share sufficiently similar political, economic and institutional backgrounds to justify codification efforts directed towards the entire region.

Codification of property law must be preceded by political choices regarding distribution. In the context of former Socialist countries, such codification takes place in concomitance with the allocation of relevant goods to owners for the first …

Proposition 187 And International Human Rights Law: Illegal Discrimination In The Right To Education, Stephen Knight

UC Law SF International Law Review

In November 1994, California voters approved Proposition 187, which would deny basic social services such as education and health care to persons determined by state authorities to be in the country in violation of federal immigration laws. Enforcement of the proposition has been stayed pending the resolution of numerous lawsuits. The education provisions, in particular, are being challenged as violations of federal and state guarantees of equal protection, of state and federal privacy rights, and of international law.

This Note contends that the total denial of education to a class of persons in the United States is inconsistent with international …

The Limits Of Product Liability Reform Within A Consumer Expectation Model: A Comparison Of Approaches Taken By The United States And The European Union, John G. Culhane

UC Law SF International Law Review

During the past several decades, product liability law has sustained dramatic growth in the United States, but has noticeably lagged in the European Union. Against these quite different backdrops both American and European product liability initiatives have recently arisen. In the United States, the Model Uniform Product Liability Act (MUPLA) has served as a template for the enactment of individual state legislation, while the nations of the European Union have, through their own legislative processes, been implementing the Union's Product Liability Directive (the Directive).

This Article begins by undertaking a historical and analytical study of American and European product law …

Transcript (Symposium: Nazis In The Courtroom: Lessons From The Conduct Of Lawyers And Judges Under The Laws Of The Third Reich And Vichy, France)., Ruti G. Teitel

Articles & Chapters

No abstract provided.

Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull

LLM Theses and Essays

As environmental awareness has surged over the last two decades, environmental law has rapidly developed. In both agricultural and industrial countries, the environment is a sensitive and vital area where substantial economic interests are at stake. In the United States, many social, political, and economic reasons have spawned rapid expansion of environmental law. Congress has enacted numerous statutes and empowered federal agencies, primarily the Environmental Protection Agency (EPA), to adopt standards and enforce these new laws. A decade ago, environmental liability was not a major concern for US businesses and was rarely dealt with in commercial contracts. However, the situation …

U.S. Practices In Risk Assessment And Risk Management For Product Safety Under Article 2.2 Of The Agreement On Technical Barriers To Trade, Suckhong Ko

LLM Theses and Essays

Article 2.2 of the Agreement on Technical Barriers to Trade (TBT) was applied to the GATT member countries in 1995. This article provides national product safety agencies with requirements for risk assessment and risk management. However, the terms used in the article are broad and open to interpretation. This paper argues that vast discretion and broad terms cannot solve technical barriers effectively; the “minimum requirements” standard within Article 2.2 of the TBT fails to consider those countries whose technology in product safety is inferior to that of developed countries. The United States has some of the strongest product safety measures, …

Sustainable Development And The Use Of Covenants In Environmental Legislation, B. John Ovink

University of Miami International and Comparative Law Review

No abstract provided.

The Provision Of Utility Services In A Unified Europe, Klaus Sommerlad, Peter Scherer

University of Miami International and Comparative Law Review

No abstract provided.