International Law Commons^™

International Dimensions, Vol. 1 #1, Int'l Law Society

The Sompong Sucharitkul Center for Advanced International Legal Studies

A journal of personal impression, experience and commentary on the subject of international law published by members of the International Law Society, Golden Gate University School of Law.

The International Conference On Harmonization Of Pharmaceutical Regulations, The European Medicines Evaluation Agency, And The Fda: Who's Zooming Who?, Dan Kidd

Indiana Journal of Global Legal Studies

No abstract provided.

Journal Of International & Comparative Law And The International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Continuing Economic Reform In The People's Republic Of China: Bankruptcy Legislation Leads The Way, Shirley S. Cho

UC Law SF International Law Review

Critics view the 1986 Enterprise Bankruptcy Law (Bankruptcy Law) of the People's Republic of China as an ineffective piece of legislation passed more for symbolic ends than as a means to deal with systemic economic problems plaguing China. However, the Bankruptcy Law has proven to be one of the most pivotal pieces of legislation in modern Chinese history and has served as the main impetus for wide-reaching reform in major sectors of the Chinese economy.

This Note examines the debate surrounding the Bankruptcy Law from its inception, its controversial substantive provisions, its unsuccessful implementation, and finally its positive repercussions in …

American Wine's New Internationalism: Nafta's Impact On The U.S. Wine Industry In The Established And Emerging Markets Of Canada And Mexico, Sarah E. Richards

UC Law SF International Law Review

The North American Free Trade Agreement (NAFTA) specifically addresses wine trade issues. Although these provisions constitute only a small part of the overall agreement, their inclusion reflects the important role the wine industry has assumed in the United States, and hints at the increasingly prominent role wine exports will have in future relations among North American countries.

This Note examines the special problems that arise in conjunction with the exportation of wine and other alcoholic beverages from the United States. It goes on to contend, however, that NAFTA's implementation should significantly boost U.S. wine exports to the established but heavily …

The Historical Origins Of The Alien Tort Statute: A Response To The Originalists, William S. Dodge

UC Law SF International Law Review

The Alien Tort Statute, 28 U.S.C. § 1350, which provides federal jurisdiction over suits by aliens for torts in violation of the law of nations, has been used repeatedly in human rights litigation since Filartiga v. Pefia-Irala, 630 F.2d 876 (2d Cir. 1980). This Article looks at the history of the Alien Tort Statute, tracing its origins to the Alien Tort Clause of the 1789 Judiciary Act and, before that, to a 1781 resolution of the Continental Congress urging States to allow damages suits to redress violations of the law of nations. This history shows that the Alien Tort Statute …

Exposure To The Foreign Corrupt Practices Act: A Guide For U.S. Companies With Activities In The People's Republic Of China To Minimize Liability, Delia Poon

UC Law SF International Law Review

The Foreign Corrupt Practices Act (FCPA) creates a difficult task for U.S. businesses abroad: to reconcile the customary practices of many developing countries with the U.S. legal framework, which may be incompatible with regulating behavior abroad. This Note outlines the background and the major provisions of the FCPA, and examines the difficulties U.S. entities face in the People's Republic of China in light of China's increasingly corrupt business environment. China's rampant corruption, part-planned and part-market economy, and popular joint venture arrangements for direct foreign investment create numerous FCPA pitfalls.

This Note then examines ways in which U.S. businesses can minimize …

The Freedom Of Navigation Program: A Study Of The Relationship Between Law And Politics, William J. Aceves

UC Law SF International Law Review

The history of U.S. maritime policy evinces the inexorable relationship between law and politics. The U.S. Freedom of Navigation (FON) program provides an excellent example of this critical relationship. Established in 1979, the FON program seeks to preserve the freedoms of navigation and overflight by sending vessels and aircraft to exercise these navigational rights in areas where coastal states have sought to restrict or prohibit such transit. It combines diplomatic action with operational challenges to assert U.S. rights under international law. The FON program is based upon the principal sources of public international law: (1) customary international law and (2) …

Counsel For The Situation: The Latin Notary, A Historical And Comparative Model, Pedro A. Malavet

UC Law SF International Law Review

Compared to the legal profession found in the United States, in Latin countries an impartial counsel who advises all parties to a transaction is located at the top of the legal hierarchy and is referred to as the Latin notary. The Latin notary is granted exclusive power to perform certain legal functions such as memorialization of transactions. The Latin notary combines the competence traditionally associated with a public official and the discretion and responsibility of a private legal professional. For these reasons, the Latin notary is quite different from notaries public in the United States. The Latin notary owes a …

Considerations In Representing Western Companies In Technology Transfers To East Asia, Jeffrey J. Blatt

UC Law SF International Law Review

The countries of East Asia have some of the fastest growing economies in the world. The region's need for high technology is evident in the semiconductor, broadcasting, electronics, and telecommunications fields. Lack of high technology infrastructure outside major metropolitan areas lends itself to foreign direct investment, joint ventures, and the procurement of high technology by Asian buyers.

This Paper addresses a number of considerations, issues, pitfalls, and concerns for structuring a successful technology transfer to East Asia, from the perspective of a potential technology transferor or vendor. Specifically, this Paper examines the effect of export controls, tax implications, the Foreign …

The Resolution Of Intellectual Property Disputes Involving East Asian Parties, George W. Coombe Jr.

UC Law SF International Law Review

The resolution of international commercial disputes by conciliation and arbitration has gained considerable momentum throughout East Asia. A strong emphasis has been placed upon the conciliation technique and the historical, social, and cultural derivations pertaining to its use in East Asia.

This Paper examines the pragmatic consideration of software disputes and their resolution using proposed draft agreements between U.S. and Japanese parties in order to enhance appreciation of the conciliation and arbitration perspective in the context of intellectual property.

From Dictatorship To Democracy: Environmental Reform In Chile, Scott C. Lacunza

UC Law SF International Law Review

At the Summit of the Americas in December 1994, Canada, Mexico, and the United States formally invited Chile to join the North American Free Trade Agreement (NAFTA). Chile was selected as the first Latin American country to receive an invitation based upon its open market system, stable democratic government, and impressive decade-long economic growth. As the first Latin American country selected to join NAFTA, Chile has been viewed as a model for other developing nations to follow. However, while Chile's economic successes have been lauded as triumphs of the free market approach, little attention has focused on the severe environmental …

The Role Of The Judiciary In India's Constitutional Democracy, Maureen Callahan Vandermay

UC Law SF International Law Review

During the period immediately following India's independence from British rule, the Indian framers promulgated a Constitution which was designed to take account of India's unique circumstances. The Constitution both ensured the legal and social equality of all Indians and afforded the Indian Parliament considerable power to alter the Constitution in order to take account of changed political circumstances. Inevitably, shortly after the Constitution's adoption the Parliament began employing its powers of amendment to limit the effect of those provisions designed to promote equality. The Indian Judiciary responded, however, with various efforts to safeguard the constitutionally-protected liberties from abrogation by Parliament. …

Affirming Our Common Humanity: Regulating Landmines To Protect Civilians And Children In The Developing World, Mary A. Ferrer

UC Law SF International Law Review

The number of antipersonnel landmines worldwide has increased dramatically in the last twenty-five years. There are an estimated 80 to 110 million landmines deployed or stockpiled in sixty-two countries around the world. This global landmine crisis has devastating effects in developing countries, where the majority of the world's landmines are laid. Despite international efforts to remove landmines, civilians in developing countries continue to be injured by landmines that were laid during wars that have long since ended. Although landmines are perceived as purely military weapons, the reality is that eighty percent of landmine casualties are civilians, not soldiers. Many of …

Major Changes In Council Regulation 3283/94: Its Compatibility With The Uruguay Round Anti-Dumping Code, Sangsoo Son

LLM Theses and Essays

Dumping can be defined as exporting goods at prices below those charged on the domestic market or at prices insufficient to recover the cost of the goods sold. Dumping is considered an unfair trading practice because it interferes with free market economy principles. During the 1980s, anti-dumping measures were an important issue for a few developed countries that had attractive markets for foreign producers; these countries were the United States, the European Community, Canada, and Australia. The European Community (EC) has developed its own anti-dumping laws over the years; Article 113 of the EEC Treaty gives power to Community institutions …

The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot

LLM Theses and Essays

Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …

International Trade And Competition Law In Japan, David J. Gerber

All Faculty Scholarship

No abstract provided.

Application Of The United States' Law Of Countervailing Duties To Nonmarket Imports: Effects Of The Recent Foreign Reforms, James A. Meszaros

ILSA Journal of International & Comparative Law

The last several years have been marked by considerable economic reform in nonmarket countries. The changes which have occurred have undoubtedly impacted upon United States' law and policy with respect to the United States' treatment of those countries.

Nafta's Approval: A Story Of Congress At Work "From International Relations To National Accountability", Alejandro Posadas

ILSA Journal of International & Comparative Law

The North American Free Trade Agreement (NAFTA) entered into force on January 1, 1994.' Since then, the new General Agreement on Tariffs and Trade (GATT) has been approved; control of the United States Congress has changed from Democrat to Republican; Mexico is going through a financial crisis; and apparently nothing dramatic, for better or for worse, has yet happened to the American economy.

The Search For Justice - A Case For Reform To The Civil Justice System In Britain, Peter Watson

ILSA Journal of International & Comparative Law

It can be said without fear of contradiction, that there is a need, both perceived and real, for reform of the British civil justice system. Although different, I draw no distinction between Scotland's and England's justice systems.

The Criminalization Of Hate Propaganda A Clash Of Ideals Between Canada And The United States, Eric Wolfman

ILSA Journal of International & Comparative Law

This paper will attempt to make the case that the criminalization of racist speech in the form of hate propaganda could survive a First Amendment challenge. Section I examines the elemental harms caused by hate propaganda and the compelling reasons why such speech should be criminalized

The Dichotomy Of Executive Immunity: A Comparative Analysis Between The United States And Great Britain, Leonard Wilder

ILSA Journal of International & Comparative Law

Politicians get away with murder! This common statement tends to reflect how many feel about the privileged class of people who make and enforce the law. Nevertheless, the litigious nature of the United States has caught up with the current President of the United States, Bill Clinton.

United States Asylum Law: The Failure Of The United States To Accommodate Women's Gender-Based Asylum Claims, Nancy C. Ciampa

ILSA Journal of International & Comparative Law

"Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest tossed to me: I lift my lamp beside the golden door." Those are the words of Emma Lazarus, inscribed on the Statute of Liberty.

Defining Terms In The Intellectual Property Protection Debate: Are The North And South Arguing Past Each Other When We Say "Property"? A Lockean, Confucian, And Islamic Comparison, Richard E. Vaughan

ILSA Journal of International & Comparative Law

The concept of intellectual property, or ideas protected by patents, copyrights, and trademarks, has been around since at least the 13^th century. However, it is only in the last decade that "piracy," or the illegal copying and selling of copywritten or patented material, has become a contentious issue in trade negotiations between the nations of the Northern and Southern Hemispheres

The Spanish Products Liability Act Of 1994, Michael Ansaldi

ILSA Journal of International & Comparative Law

The Spanish Constitution of 1978,' a milestone in Spain's transition from the Franco era to the ranks of Western European democracies, has been described, in at least one respect, as "absolutely innovative on the panorama of European constitutions” It is "the first constitution worldwide to raise consumer protection to the status of a principle of general law."

The Formation Of International Law In The 21st Century, John De Saram

ILSA Journal of International & Comparative Law

The methods and procedures of the Commission, as in the case of all human endeavors, need, of course, to be kept under regular review and to be improved wherever advisable. The methods and procedures of the Commission were referred to in the Sixth (the Legal) Committee of the UN General Assembly over the two weeks just passed, in the course of Sixth Committee consideration of the Report of the Commission.

An Assessment Of The Yugoslavia War Crimes Tribunal, Michael P. Scharf

ILSA Journal of International & Comparative Law

In May 1993, in response to the "ethnic cleansing" of some 250,000 Muslims in the former Yugoslavia, the Security Council adopted a resolution establishing the Yugoslavia Tribunal; in September 1993, the General Assembly elected the Tribunal's judges; and in July 1994, the Security Council appointed its Prosecutor.

Combatting International Terrorism Into The 21st Century, Mark S. Zaid

ILSA Journal of International & Comparative Law

As a private attorney I have dedicated a significant part of my practice to working with or representing victims of terrorism. In particular, I represent several family members who lost relatives in the bombing of Pan Am Flight 103 in a civil action against the government of Libya. Through the use of the judicial system, we are attempting to forge a new weapon for use against terrorist states as a means by which to achieve deterrence, punishment, and compensation for the victims.

Comments On The International Criminal Court, Evan T. Bloom

ILSA Journal of International & Comparative Law

I understand that I am substituting for Cherif Bassiouni. Those are big shoes to fill, and instead of providing the very detailed discussion of the history of the International Criminal Court (ICC) and all its component parts which he is uniquely qualified to deliver, I will instead provide my own very brief overview of where we are on the proposal to establish an ICC.

Developing Countries, Tax Treaties And The United Nations Model Tax Convention, Peter D. Byrne

ILSA Journal of International & Comparative Law

Welcome everyone. My name is Peter Byrne. I am the Deputy Director of the International Tax Program at Harvard Law School. We have a great panel this morning, and I think you will be very interested in what they have to say. I will introduce them before we start.