International Law Commons^™

The Significance Of Restitution In The Economic Recovery Of Cuba, Robert E. Freer Jr.

University of Miami International and Comparative Law Review

No abstract provided.

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.

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.

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

Reinventing Labor Law: A Rejoinder, Tamara Lothian

Tamara Lothian

No abstract provided.

The Democratized Market Economy In Latin America (And Elsewhere): An Exercise In Institutional Thinking Within Law And Political Economy, Tamara Lothian

Tamara Lothian

No abstract provided.

The Criticism Of The Third-World Debt And The Revision Of Legal Doctrine, Tamara Lothian

Tamara Lothian

No abstract provided.

Why Teach International Family Law In Conflicts?, William L. Reynolds

Faculty Scholarship

[The author] sets forth a challenge to conflicts professors: to teach international family law in their conflict of laws classes. At present, many conflicts professors avoid teaching international family law, in part because the study of this subject is complicated by several statutes addressing particularly difficult issues. Ignorning international family law is unwise, because many United States citizens and lawyers are likely to confront such problems.

Prohibition Of Obscene Imports In The United Kingdom-A Violation Of Article 36 Of The Treaty Establishing The European Community?, Chase G. Mcclister

Penn State International Law Review

No abstract provided.

To Dream The Impossible Dream: Globalization And Harmonization Of Environmental Laws, 20 N.C. J. Int'l L. & Com. Reg. 205 (1995), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

Law And Racism In An Asian Setting: An Analysis Of The Britsh Rule Of Hong Kong, Richard Klein

UC Law SF International Law Review

In 1997, the British government will cede control of Hong Kong to the People's Republic of China. This Article examines the history of the British governance of Hong Kong, focusing on the prevalent use of British laws to exclude the Chinese citizens of Hong Kong from equal participation and status in the Hong Kong government and to retain control of Hong Kong in the hands of a privileged British minority. The Article details the ways in which the Chinese were treated in a discriminatory fashion in the British governance of Hong Kong and reveals the racist attitudes of many of …

Combining Conciliation With Arbitration Of International Commercial Disputes, Steven J. Burton

UC Law SF International Law Review

No abstract provided.

Planned Constitution Never Got Written, But Israel Still Got Constitutional Law, Marcia R. Gelpe

Faculty Scholarship

Israel's development of constitutional law without a written constitution presents a fascinating picture of how a system, unable to develop a constitution in the usual manner, has developed one in another manner. It shows how innovative lawmaking can be - and sometimes must be - to maintain a democratic political system.