International Law Commons^™

Globalisation & Legal Theory By William Twining, Caroline Bradley

University of Miami Inter-American Law Review

No abstract provided.

Spotting Money Launderers: A Better Way To Fight Organized Crime?, Diane Marie Amann

Scholarly Works

Money laundering investigations have been much in the news of late. There have been stories that Radil Salinas de Gortari laundered kickbacks from drug traffickers while his brother was President of Mexico. That Ferdinand Marcos stashed nearly half a billion dollars in Swiss banks while he ruled the Philippines. That two of Mexico's largest banks have pleaded guilty to laundering charges stemming from a controversial U.S. sting operation. That the former prime minister of Ukraine pleaded guilty to Swiss charges that he laundered $9 million in stolen funds, even as he faced U.S. charges of laundering $114 million. And, of …

Unfair Competition On The Internet, Marike Vermeer

Fulbright Symposium

Ms. Marike Vermeer studied at Utrecht University and the University of Oslo, Norway, and holds a law degree in Dutch and European law. After her studies, she worked for several years as a lawyer with Clifford Chance in Amsterdam and Brussels, whereby she specialized in telecommunications and IT law. Since 1998 she has been working as a research fellow with the Molengraaff lnstitute for Private Law of Utrecht University, conducting her Ph.D. research on "Unfair Competition on the Internet." In 1998 Ms Vermeer was granted a fellowship with the Centre of Research and Studies of the Hague Academy of International …

The Paradox Of Free Market Democracy In The Developing World, Amy L. Chua

Fulbright Symposium

Amy L. Chua is Professor of Law at Duke University, and currently a visiting professor at Stanford University. She received her J.D. from Harvard in 1987 where she was the Executive editor of the Harvard Law Review. She clerked for Chief Judge Patricia Wald ofthe U.S. Court of Appeals (D.C. Circuit, 1987-1988), and was an Associate with Cleary, Gottlieb, Steen & Hamilton from 1988-94, where she worked on numerous international transactions in Asia and Latin America, including privatization ofTelefonos de Mexico. She joined the Duke faculty in 1994. Professor Chua is currently a member of the Executive Committee and Executive …

International Enforcement Of Family Maintenance And Support Obligations, Richard M. Buxbaum

Fulbright Symposium

Dr. Bauxbaum is the Jackson H. Ralston Professor of Law at the University of California Berkeley School of Law, where from 1993-1999 he served as Dean of International and Area Studies. He received his A.B. and LL.B. from Cornell; the LL.M. from the University of California at Berkeley; the Dr.iur.h.c. from the University of Osnabriick and Eotvos Lorand University, Budapest; and was appointed Honorary Professor of Law by Peking University in 1998 . He practiced law in Rochester, New York and the U.S. Army before joining the Boalt faculty in 1961. He has published a casebook on corporation law and …

Alternative Dispute Resolution In The Usa And Russia: A Comparative Evaluation, Elena Nosyreva

Fulbright Symposium

Dr. Nosyreva is an Associate Professor and Head of the Civil Law Department at Voronezh State University School of Law in Voronezh, Russia. She is currently a Fulbright Scholar at the University of Washington School of Law. Dr. Nosyreva received Doctorate in Arbitration Proceedings from the Russian Academy of Sciences, State and Law Institute, Moscow and also graduated from Voronezh State University School of Law, Russia. She also completed the Professional Mediation Skills Training Program at the University of Washington School of Law. Dr. Nosyreva has served as lawyer for the State Research Institute for Computer Technology in Voronezh, Russia. …

The 'Incorporation' Of The European Convention On Human Rights Into United Kingdom Law, Dominic Mcgoldrick

Fulbright Symposium

Dominic McGoldrick is Professor of Public International Law and Director of the International and European Law Unit, Liverpool Law School, University of Liverpool. He is the author of books on the Human Rights Committee (OUP) and International Relations Law of the European Union (Longmans). Among Professor McGoldrick's recent works are "The Permanent International Criminal Court: An End to the Culture of Impunity?" (Criminal Law Review, 1999), "Hate Speech Laws: Consistency with National and International Human Rights Law" (Legal Studies, 1998), "The European Union After Amsterdam: An Organisation with General Human Rights Competence?" (in Legal Issues of the Amsterdam Treaty, 1999) …

Globalizing The Rule Of International Law At The Pre-Dawn Of A New Millennium, Sompong Sucharitkul

Fulbright Symposium

This is the Ninth Regional Meeting of the American Society of lnternational Law for the West, Northwest and Southwest regions which Golden Gate University School of Law has the honor to host this year, prior to the regular Annual Meeting of the American Society in Washington D.C. in April 2000.

It is at the same time the Tenth Annual Fulbright Symposium hosted by Golden Gate University School of Law with the cooperation and co-sponsorship of the Council of lnternational Exchange of Scholars (CIES) also with headquarters in Washington D.C.

The combined sessions of the Regional Meeting of the ASIL and …

Tenth Annual Fulbright Symposium On International Legal Problems, Peter Keane

Fulbright Symposium

Opening remarks by Prof. Peter Keane.

Globalizing The Rule Of International Law At The Pre-Dawn Of A New Millennium, Sompong Sucharitkul

The Sompong Sucharitkul Center for Advanced International Legal Studies

Following the close of the United Nations Decade of International Law on December 31, 1999, a new era has dawned within the American Society of International Law. The Group or Section involved in the United Nations Decade of International Law has renewed its continuing interests in international legal developments under the newly acquired title of UN21 or United Nations Legal Developments in the Twenty-First Century. Setting aside the precise date at which the twenty-first century and the Third Millennium may be truly considered to start running, i.e., on January 1st, 2000 Y2K or 2001 Y2K + 1. It is clear …

Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

The Ottawa Convention Banning Landmines, The Role Of International Non-Governmental Organizations And The Idea Of International Civil Society, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

Establishment of the Ottawa Convention Banning Landmines was regarded by many international law scholars, international activists, diplomats and international organization personnel as a defining, 'democratizing' change in the way international law is made. By bringing international NGOs - what is often called 'international civil society' - into the diplomatic and international law-making process, many believe that the Ottawa Convention represented both a democratization of, and a new source of legitimacy for, international law, in part because it was presumably made 'from below'. This article sharply questions whether the Ottawa Convention and the process leading up to it represents and real …

Unidentified Orbital Debris: The Case For A Market-Share Liability Regime, Mark J. Sundahl

UC Law SF International Law Review

As the volume of debris in the planet's orbit continues to grow, the risks and costs associated with orbital collisions are taking their toll on the space industry. The United Nations Convention on International Liability for Damage Caused by Space Objects seeks to address this modern day tragedy of the commons, yet it applies only to large, identifiable pieces of orbital debris. As most debris consists of small fragments, the source of which cannot be identified, the U.N. Convention is limited in its effect.

This Note addresses the problem of assigning liability for harm caused by unidentified orbital debris. It …

The Political Economy Of Nafta Chapter Eleven: Equality Before The Law And The Boundaries Of North American Integration, Frederick M. Abbott

UC Law SF International Law Review

No abstract provided.

Holding Up Half The Sky But Not Allowed To Hold The Ground: Women's Rights To Inherit And Own Land In Hong Kong And The People's Republic Of China, Nora E. Sheriff

UC Law SF International Law Review

The rights of women to inherit and own land differ in the New Territories in Hong Kong and Jiangxi in China. The history of the two nations explains many of the differences and similarities regarding women's rights. As Hong Kong and China meld into one nation with two systems, inevitable changes to those rights will occur.

This Note surveys the general perceptions regarding human and women's rights in Great Britain, Hong Kong and China. Also, the Note explores international treaties that affect women's rights with special attention to the participation of both Hong Kong and China. Each nation's internal laws …

National Courts And International Arbitration: Exhaustion Of Remedies And Res Judicata Under Chapter Eleven Of Nafta, William S. Dodge

UC Law SF International Law Review

No abstract provided.

Application Of The Elements Of Torture And Other Forms Of Ill-Treatment, As Defined By The European Court And Commission Of Human Rights, To The Incidents Of Domestic Violence, Ela Grdinic

UC Law SF International Law Review

Domestic violence has not traditionally been considered a type of torture. In fact, until recently, many European countries did not even have laws to protect women from domestic assault. However, the development of concepts in international law such as the individual right to petition, the positive obligations of states, the absolute character of certain rights, and the expansion of the application of state responsibility for the acts of private individuals, all provide fertile ground for the recognition of domestic violence as a human rights issue.

This Article argues that incidents of domestic violence in fact satisfy the criteria imposed by …

The Anatomy Of A Chapter Eleven Arbitration: Affidavits, Affiant, And Burdens Of Proof, David J. St. Louis

UC Law SF International Law Review

No abstract provided.

Arbitration Under Nafta Chapter Eleven: Some Pragmatic Reflections Upon The First Case Filed Against Mexico, Clyde C. Pearce, Jack Coe Jr.

UC Law SF International Law Review

No abstract provided.

State Responsibility For Denial Of Substantive And Procedural Justice Under Nafta Chapter Eleven, Don Wallace Jr.

UC Law SF International Law Review

No abstract provided.

Investment, Environment And Dispute Settlement: Arbitration Under Nafta Chapter Eleven, Joseph De Pencier

UC Law SF International Law Review

No abstract provided.

"Draconian" Yet Constitutional: The Republic Of Ireland's Offences Against The State Act (1998), Sean R. Elsbernd

UC Law SF International Law Review

On August 15, 1998, a terrorist bomb exploded in Omagh, County Tyrone, Northern Ireland. The 500-pound bomb, which detonated in the main marketplace of the city, killed twenty-eight people and injured more than 200 others. Following the tragedy, Ireland's Prime Minister Ahern pledged to bring those responsible to justice by making certain amendments to the Offences Against the State Act of 1939.

This Note discusses whether the Prime Minister and the government of the Republic of Ireland succeeded in this task, and if their efforts conform to the Irish Constitution and the European Convention on Human Rights.

Some Observations On Chapter Eleven Of Nafta, Daniel M. Price

UC Law SF International Law Review

No abstract provided.

Wye River Memorandum: A Transition To Final Peace, Justus R. Weiner

UC Law SF International Law Review

After a lengthy impasse in the peace process between Israel and the Palestinian Authority, a series of several agreements designed to foster peace led to the Wye River Memorandum. This agreement, negotiated in conjunction with President Clinton, established concrete steps for each side to take in reaching lasting peace. This Article analyzes the Wye River Memorandum in the context of the legal and political controversies surrounding its adoption and implementation. Additionally, this Article includes a postscript that addresses the recent Al-Aqsa Intifada.

Protection Against Trademark Dilution In The U.K. And Canada: Inexorable Trend Or Will Tradition Triumph, David S. Welkowitz

UC Law SF International Law Review

This Article addresses the trend toward increasing protection of trademarks in the context of non-confusion. Specifically, this Article analyzes this dynamic as it is occurring in the United Kingdom and Canada. It opens with a brief discussion of trademark protection outside the context of trademark confusion. It then proceeds to an in-depth analysis of trademark dilution in the United Kingdom and Canada, with special attention paid to comparative analysis. By analyzing this trend as it is occurring in these countries, the author provides useful insight into not only what is happening in these countries, but also the implications these developments …

The Relationship Between The International Criminal Court And The International Community, Khaled M. Ahmed

LLM Theses and Essays

Due to the fact that no work of this size could address every aspect of the Rome Statute, this study is limited to the provisions of Parts 2, 9, and 10 of the Rome Statute. These provisions cover all matters being on the relationship between the Court and states, in general, and especially the obligations of states parties under the Statute. The first chapter will examine the historical journey toward an international criminal court, beginning with World War I, continuing throughout the twentieth century and ending with the adoption of the Rome Statute in the Diplomatic Conference in Rome on …

Dos Visiones Norteamericanas De La Jurisdicción De La Unión Europea, Richard T. Stith

Law Faculty Publications

No abstract provided.

Trial By Jury: Right Or Privilege?, David P. Rowe

University of Miami International and Comparative Law Review

No abstract provided.

Kosovo's War Victims: Civil Compensation Or Criminal Justice For Indentity Elimination?, Irene Scharf

Faculty Publications

This Article is presented in three Parts. The first Part examines the likelihood that the displaced war victims could receive some type of civil compensation for their losses through the local courts in Yugoslavia. Part II scrutinizes the basic international human rights doctrines and systems of enforcement to determine whether they may offer remedies for the victims of identity elimination. Part III explores the likelihood that, through the Yugoslav Tribunal, those responsible for identity elimination may be held criminally responsible for their actions in Kosovo.

The Civil Enforcement Of Human Rights Norms In Domestic Courts, Beth Van Schaack

ILSA Journal of International & Comparative Law

This Article will attempt to make the case for the domestic civil action in defense of international human rights in the face of a potential threat to such litigation.