Digital Commons Network^™

China's Wto Accession: Economic, Legal, And Political Implications, 27 B.C. Int'l & Comp. L. Rev. 319 (2004), Karen H. Cross

UIC Law Open Access Faculty Scholarship

This Article discusses the unparalleled economic, legal, and political change that has confronted China during WTO accession. The Article focuses on the relationship between China's unique WTO accession process and China's reform over the past two decades. The author suggests that WTO accession has acted as a lever for economic and legal reform by locking in reform and making it irrevocable. The Article begins with a historical background of China's long road to accession and the way that this process worked to further the previously instated economic reform program. Next, the Article analyzes the manner in which WTO accession has …

U.S.-Style Law School ("Law School") System In Korea: Mistake Or Accomplishment?, Hoyoon Nam

Fordham International Law Journal

This Note will examine Korea's efforts to transform its legal education system. Part I will explain the particularities of the legal profession in Korea and its current legal education system. Part II will discuss the proposed plan for the implementation of the Law School system in Korea and the arguments by the opposition with a brief comparison to Japan's efforts to reform its legal education system. Part III will then address the advantages and disadvantages of the proposed plan.

Dedication To Professor Valentine Korah, Roger J. Goebel

Fordham International Law Journal

This is a tribute (dedication) to Professor Korah for being a a leading academic in European Community competition law, together with the related fields of U.K. competition law and comparative/international antitrust.

The Iucn Academy Of Environmental Law: Seeking Legal Underpinnings For Sustainable Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

An article describing a “work in progress” can provide only a sketch of the initial plans for the new IUCN Academy of Environmental Law. As the Academy establishes its administrative secretariat, builds its research program, and fashions its collaborative teaching undertakings, the details of this further work will become clear. Their analysis must await the events. Nonetheless, the precedents to date portend a promising future, as illustrated by the launch in Shanghai, and the Academy's initial research into the environmental sustainability of contemporary energy law.

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Legal Professional Privilege In Competition Proceedings Before The European Commission: Beyond The Cursory Glance, Eric Gippini-Fournier

Fordham International Law Journal

Although set against the background of investigations by the European Commission in proceedings for the application of the main competition rules of the EU, the discussion remains at the level of broad principles. The driving notion of this article is that the basis and ratio for judicial recognition of a privileged communications doctrine in EU law must be defined explicitly, and that this definition may have important consequences as to the scope and practical administrability of the doctrine. Part I explores the principal rationales usually claimed for the privilege: the utilitarian view and the rights-based approach. This discussion serves as …

Charging The Jury On Damages In Personal-Injury Cases: How New York Can Benefit From The English Practice, Charles D. Cole Jr

Syracuse Journal of International Law and Commerce

The trial of a personal-injury case to a jury is fraught with uncertainty. Uncertainty stems from whether the plaintiff will prevail (and whether the jury will find the defendant at fault) and the amount of damages. Personal injuries, such as a broken ankle or a busted knee, do not translate well into specific dollar awards. Awarding a sum of money for a personal injury is firmly rooted in the law and is the only means available to compensate the plaintiff for a loss. These means are entrusted to the jury beginning at jury selection and continuing throughout the trial. trial …

Creating A Public Defender System In The Shadow Of The Israeli – Palestinian Conflict, Kenneth Mann, David Weiner

NYLS Law Review

No abstract provided.

The Treaty Establishing A Constitution For Europe, Jeremy Lever

Fordham International Law Journal

This Article contains some reflections concerning the Draft Treaty establishing a Constitution for Europe (“the Draft Treaty”), which was approved by the European Council on September 28, 2004 and formally signed in Rome on October 29, 2004. At the time of writing in early 2005, it is presently in the process of ratification by the twenty-five Member States of the European Union (“EU”). The Article is primarily concerned with the extent to which the Treaty is a constitution, and its merits and demerits as such. It does not go in any depth into the political desirability of some of the …

Refuge In An Insecure Time: Seeking Asylum In The Post-9/11 United States, Eleanor Acer

Fordham International Law Journal

The current climate of insecurity has in a sense presented an opportunity for those with restrictive immigration agendas to use a new vocabulary to advance long desired objectives as well as new policies that sacrifice fairness and negatively affect immigrants. The result has been a decline in due process and the undermining of basic protections of international refugee and human rights law, including: the prohibition on arbitrary detention, embodied in Article 9 of the International Covenant on Civil and Political Rights; the prohibition on returning a refugee to persecution, the cornerstone of the 1951 Convention Relating to the Status of …

The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer

Articles & Chapters

American anti-poverty advocates are increasingly focusing on expressing homelessness as a violation of fundamental human rights. Conceptualizing homelessness as a human rights violation can help add legal content to advocacy goals, and help build support for the housing resources, policy changes, and improved legal protective measures needed to ensure access to housing.

This article explores the right to housing in domestic and international law, how to evaluate compliance with the right in the United States, and how to employ legal strategies in support of claims to the right. Theauthors review the status of international law in U. S. law and …

The International Review | 2003 Fall, Michael Rhee

The International Review Newsletter

Does the World Need a Global Registry to Protect Geographical Food Names?

Globalization Meets the First Amendment: Do Multinational Corporations have a Right to Free Speech?

Alumnus Profile: Seth Cohen, Captain, United States Army, Judge Advocate General’s (JAG) Corps, Camp Zama (Japan)

The Alien Tort Claims Act: A One-Sentence Sling-Shot against Corporate Goliaths?

WTO in Cancun: No Party in Vacation Capital

A United Europe under a Single Constitution?

SARS: Another Blow to the World Economy?

Breaking the Bank? Rebuilding Iraq’s Financial System

Transnational Legal Practice: Cross-Border Legal Services: 2002 Year-In-Review, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft, Carole Silver

Faculty Scholarly Works

The ABA Section of International Law’s Transnational Legal Practice [TLP] Committee prepared this summary of the most significant TLP developments in 2002. The bulk of this article focused on two sets of developments; 1) the work of the ABA Commission on Multijurisdictional Practice or ABA MJP Commission; and 2) developments related to the treatment of legal services in the World Trade Organization under the General Agreement on Trade in Services or GATS. (Additional developments that were mentioned included initiation of U.S. free trade agreements with Chile and Singapore, Japan’s new joint enterprise law, which allowed certain types of association among …

International Poverty Law: A Response To Economic Globalization, Timothy K. Kuhner

Buffalo Public Interest Law Journal

No abstract provided.

International Poverty Law: A Response To Economic Globalization, Timothy K. Kuhner

ExpressO

This paper is directed at poverty lawyers and, more generally, anyone with an interest in the relationship between poverty and globalization. In this paper, I argue that poverty law needs to expand its scope in order to encompass the international dimensions of poverty, and to thereby become responsive to the current nature of poverty. This need is evident, because wealth and poverty have been globalized, domestic issues have become international issues, and international issues have become domestic issues and produced domestic changes. After establishing these premises, I describe five areas of research and advocacy, each of which is located within …

Punitive Damages: A Comparative Analysis, John Y. Gotanda

Working Paper Series

In light of expanding international trade, it is increasingly likely that politicians, courts and tribunals will wrestle with whether punitive damages are appropriate in transnational disputes, and whether countries that traditionally do no allow exemplary relief should recognize and enforce foreign awards of such damages. Furthermore, by seeing how different systems address these problems, we can gain a deeper understanding of the role of punitive damages in our own legal system and be better able to deal with punitive damages issues in the international arena. This Article undertakes a thorough comparative study of punitive damages in common law countries. It …

Panel Discussion: Money Laundering, Cybercrime And Currency Manipulations, Michael Gordon, James E. Roselle, Charles Blau, Charles J. Muller, Rodrigo Labardini, Carlos Loperena Ruiz

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Funding Opportunities For Legal Services Programs Offer Hope For Battered Immigrants: A Call For Strides In Community Collaborations, E. Lesleigh Varner

ILSA Journal of International & Comparative Law

Within the last decade, this country has made tremendous strides in the way of immigration legislation.

Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law

ILSA Journal of International & Comparative Law

The World Trade Organization (WTO) was formed in order to establish a set of international rules and norms for conducting trade among nations.

Trafficking As A Human Rights Violation: The Complex Intersection Of Legal Frameworks For Conceptualizing And Combating Trafficking, Joan Fitzpatrick

Michigan Journal of International Law

The author will focus on three legal instruments: (1) the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime (the Trafficking Protocol); (2) the Victims of Trafficking and Violence Protection Act (VTVPA), enacted by the U.S. Congress in 2000; and (3) the regulations issued in 2002 by the U.S. Department of Justice to implement the T visa for trafficking victims. The U.S. response to trafficking illustrates the difficulties faced by human rights advocates in source, transit, and destination countries to insure that anti-trafficking and other migration …

The Latest Chapter In The Saga Of A Spiritless Law: Detaining Haitian Asylum Seekers As A Violation Of The Spirit And The Letter Of International Law, Michael Rowan

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Continuing Fictions Of Latin American Law, Jorge L. Esquirol

Faculty Publications

No abstract provided.

But What Will The Wto Disciplines Apply To - Distinguishing Among Market Access, National Treatment And Article Vi:4 Measures When Applying The Gats To Legal Services, Laurel S. Terry

Faculty Scholarly Works

One of the issues currently facing World Trade Organization (WTO) Member States is whether to extend to the legal profession and other service providers the WTO Disciplines for Domestic Regulation in the Accountancy Sector [Accountancy Disciplines]. The Accountancy Disciplines document applies to regulatory measures that would be considered domestic regulations under Article VI:4 of the GATS, rather than market access or national treatment measures under Articles XVI or XVII of the GATS. This paper argues that in order to meaningfully discuss whether to extend the Accountancy Disciplines to the legal profession, U.S. policy-makers and stakeholders need to understand the type …

Franchising In China: Legal Challenges When First Entering The Chinese Market, Michele Lee

American University International Law Review

No abstract provided.

The Proliferation Of Bilateral Non-Surrender Agreements Among Non-Ratifiers Of The Rome Statute Of The International Criminal Court , Chet J. Tan Jr.

American University International Law Review

No abstract provided.

Women In Shari'ah Courts: A Historical And Methodological Discussion, Amira Sonbol

Fordham International Law Journal

This Article focuses on qadis and courts before modern legal reforms with particular emphasis on the life of women and their interaction with the courts. A number of issues will be discussed and points made pertaining to the laws and madhahib [Islamic legal schools] applied in courts, the hierarchies and roles of qadis, and the accessibility of the legal system and knowledge of court procedures to the general public. Court culture, personnel, and record-keeping will also be discussed, as will the philosophy behind the law. The author hopes to illustrate that a viable court system existed before modernization. Although precedent …

Regulation Without Borders: The Impact Of Sarbanes-Oxley On European Companies, Maria Camilla Cardilli

Fordham International Law Journal

The purpose of this study is to: (i) outline the key provisions of Sarbanes-Oxley, highlighting the aspects of the Act which are most likely to impact European companies as well as their officers and directors; (ii) point out the provisions of the Act which conflict with EU national laws; and (iii) illustrate the key points of the proposed European reform of corporate governance, as formulated on November 4, 2002 by the High Level Group of Company Law Experts appointed by the European Commission.

Beyond The Charter: How Enlargement Has Enlarged The Human Rights Policy Of The European Union, Gráinne De Búrca

Fordham International Law Journal

The contention of this Article, however, is that a number of other developments have taken place which--in mostly unanticipated ways--may lead to more significant change in the scope and shape of EU human rights policy than the Charter alone. In particular, two developments have combined in recent years to open the way for a more general and comprehensive human rights policy which, while less concerned with the contentious competence and justiciability debates generated by the Charter, is already beginning to manifest itself in interesting ways. The first of these developments was the shaping of a more principled and graduated crisis …

Regulatory Mismatch In The International Market For Legal Services, Carole Silver

Articles by Maurer Faculty

The increasingly international reach of law owes part of its momentum to individual lawyers and law firms that function as carriers of ideas, processes and policies. U.S. lawyers are important participants in this expanding influence of law, as they educate, train and deploy individuals educated and licensed in the U.S. and abroad. This article examines the ways in which law firms internationalize, and considers the regulatory environment governing crucial interactions between U.S. and foreign-educated lawyers. It builds upon prior work that investigated the impact on U.S. law firms of the development of an international market for legal services and the …

Regulatory Mismatch In The International Market For Legal Services, Carole Silver

Northwestern Journal of International Law & Business

The increasingly international reach of law owes part of its momentum to individual lawyers and law firms that function as carriers of ideas, processes and policies. U.S. lawyers are important participants in this expanding influence of law, both in the public sphere in areas such as human rights and in private areas, such as regulation of business. They work as representatives of both U.S. clients and foreign organizations and governments, bringing their basic mindset, shaped by education and practice experiences, into their dealings with foreign lawyers as they connect in a variety of roles, from co- and opposing counsel, to …