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1998

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Dimensions Of Sovereignty--A Canadian Approach, The, Jonathan Fried Jan 1998

Dimensions Of Sovereignty--A Canadian Approach, The, Jonathan Fried

Canada-United States Law Journal

No abstract provided.


The E.C.--An Example Of Breaking Down The Barriers Of Sovereignty--Implications For Canada And The United States, Guy Pevtchin Jan 1998

The E.C.--An Example Of Breaking Down The Barriers Of Sovereignty--Implications For Canada And The United States, Guy Pevtchin

Canada-United States Law Journal

No abstract provided.


Sovereignty In Federal States--Differing Approaches, Charles Caccia Jan 1998

Sovereignty In Federal States--Differing Approaches, Charles Caccia

Canada-United States Law Journal

No abstract provided.


Settlement Of International Trade Disputes--Challenges To Sovereignty--A Canadian Perspective, Lawrence L. Herman Jan 1998

Settlement Of International Trade Disputes--Challenges To Sovereignty--A Canadian Perspective, Lawrence L. Herman

Canada-United States Law Journal

No abstract provided.


Sovereignty, Trade, And The Environment--The North American Agreement On Environmental Cooperation, Sarah Richardson Jan 1998

Sovereignty, Trade, And The Environment--The North American Agreement On Environmental Cooperation, Sarah Richardson

Canada-United States Law Journal

No abstract provided.


Chapter 11 Of Nafta: What Are The Implications For Sovereignty, Donald S. Macdonald Jan 1998

Chapter 11 Of Nafta: What Are The Implications For Sovereignty, Donald S. Macdonald

Canada-United States Law Journal

No abstract provided.


The Press Looks At The Political Future Of Canada And The United States In The 21st Century--Where Do We Stand, And Where Are We Headed (A Canadian Perspective), Giles Gherson Jan 1998

The Press Looks At The Political Future Of Canada And The United States In The 21st Century--Where Do We Stand, And Where Are We Headed (A Canadian Perspective), Giles Gherson

Canada-United States Law Journal

No abstract provided.


Sovereignty And Food Safety In A Nafta Context, Paul Martin Jan 1998

Sovereignty And Food Safety In A Nafta Context, Paul Martin

Canada-United States Law Journal

No abstract provided.


Discussion After The Speeches Of Paul Martin And Matthew Schaefer Jan 1998

Discussion After The Speeches Of Paul Martin And Matthew Schaefer

Canada-United States Law Journal

No abstract provided.


Recent Developments: Nonconforming Goods Under The Cisg - What's A Buyer To Do? Jan 1998

Recent Developments: Nonconforming Goods Under The Cisg - What's A Buyer To Do?

Penn State International Law Review (1982 - 2011)

No abstract provided.


Canines Cry Out: Is Six Months In A British Quarantine A Necessity For Rabies Prevention? Jan 1998

Canines Cry Out: Is Six Months In A British Quarantine A Necessity For Rabies Prevention?

Penn State International Law Review (1982 - 2011)

No abstract provided.


Labor Relations And The Law In South Korea, Laura Watson Jan 1998

Labor Relations And The Law In South Korea, Laura Watson

Washington International Law Journal

This Comment looks at labor legislation's role in shaping the present state of labor relations in South Korea A brief history of the government's symbiotic relationship with business serves as a backdrop for assessing the current laws. The laws have an employer bias accenluated by the broad administrative oversighit government has over labor relations. More troublesome provisions of the laws are considered in detail. This Comment then turns to recent pro-labor changes in the laws but discusses why labor unions are unlikely to achieve full equality in labor relations at this juncture. In conclusion, this Comment makes suggestions for change …


Local Public Employment Discrimination Against Korean Permanent Residents In Japan: A U.S. Perspective, James M. Kearney Jan 1998

Local Public Employment Discrimination Against Korean Permanent Residents In Japan: A U.S. Perspective, James M. Kearney

Washington International Law Journal

Japanese government officials have recently indicated a willingness to relax restrictions that have prohibited Korean permanent residents of Japan from competing for local civil service jobs, though changes have not yet been forthcoming. The current bar on resident aliens has important symbolic and practical significance in a country widely criticized for its entrenched racism and for its lack of substantive civil rights law. This Comment traces the history and special circumstances of Koreans in Japan and argues that Koreans are already protected from most kinds of public employment discrimination by Article 22 (freedom to choose an occupation) and Article 14 …


An International Drug Administration: Curing Uncertainty In International Pharmaceutical Product Liability, Katherine A. Davis Jan 1998

An International Drug Administration: Curing Uncertainty In International Pharmaceutical Product Liability, Katherine A. Davis

Northwestern Journal of International Law & Business

This comment will demonstrate how discrepancies among product li- ability standards and different interpretations of their application have cre- ated fear and uncertainty in the pharmaceutical industry. This fear has caused distortions in the market, increased costs for both manufacturers and consumers, and chilled the research and development of new products. To combat these problems, this comment proposes that the United States, the European Union, and Japan work together to create a new international, uniform system of product liability for pharmaceutical products. Harmo- nizing the standard of liability for pharmaceuticals among these regimes has proven inadequate to stop inconsistency and …


The Kalanke Ruling: Gender Equality In The European Labor Market, Ann Donahue Jan 1998

The Kalanke Ruling: Gender Equality In The European Labor Market, Ann Donahue

Northwestern Journal of International Law & Business

Part I of this note describes the facts that lead up to the ruling in Ka- lanke v. Freie Hansesetadt Bremen and critiques the decision of the ECJ. Since the Court's reasoning lacks depth and precedence, Part II examines the opinion of the Advocate General to explain the possible reasoning be- hind the decision. Part III scrutinizes the degree of cohesiveness between the Kalanke ruling and subsequent decisions by the ECJ. Part IV follows the reactions of the European market to Kalanke. Part V examines propos- als to minimize the effects of the decision. Finally, the note proposes statutory language …


Toward Fifty Years Of Constitutionalism And Fundamental Rights In India: Looking Back To See Ahead (1950-2000), Vijayashri Sripati Jan 1998

Toward Fifty Years Of Constitutionalism And Fundamental Rights In India: Looking Back To See Ahead (1950-2000), Vijayashri Sripati

American University International Law Review

No abstract provided.


Discussion After The Speeches Of Charles Caccia And Matthew Schaefer, Discussion Jan 1998

Discussion After The Speeches Of Charles Caccia And Matthew Schaefer, Discussion

Canada-United States Law Journal

No abstract provided.


European Law, Chantal Momege, Valerie Landes Jan 1998

European Law, Chantal Momege, Valerie Landes

The International Lawyer

No abstract provided.


Private International Law, Harold S. Burman Jan 1998

Private International Law, Harold S. Burman

The International Lawyer

No abstract provided.


International Criminal Tribunals For The Former Yugoslavia And Rwanda, Monroe Leigh, Maury Shenk Jan 1998

International Criminal Tribunals For The Former Yugoslavia And Rwanda, Monroe Leigh, Maury Shenk

The International Lawyer

No abstract provided.


Toward Peace In Northern Ireland, George J. Mitchell Jan 1998

Toward Peace In Northern Ireland, George J. Mitchell

Fordham International Law Journal

That is one side of the coin of liberty. When we adjourned for the Christmas holiday the prospects were bleak. It was in mid-February 1998, on the flight from Dublin back to the United States, that I began to devise a plan to establish an early deadline for an end to the talks. He stayed up all night at the White House, telephoning several of the delegates at critical times in the final hours of negotiation. Most importantly for its survival, the agreement was overwhelmingly endorsed by the people of Ireland, North and South, in a free and democratic election. …


Human Rights And Economic Sanctions: The New Imperialism, Christopher Wall Jan 1998

Human Rights And Economic Sanctions: The New Imperialism, Christopher Wall

Fordham International Law Journal

The point of this Essay is to examine the role of economic sanctions, particularly those taken unilaterally by the United States, in influencing the development of human rights policies worldwide. In some cases those unilateral sanctions are imposed without considering cultural differences behind the human rights themselves. In other instances, the United States fails to consider the effectiveness of those sanctions. In still other situations, the United States fails to realize important self-determination issues or the idea of participating in the broader international community. In all cases, the United States, in its role as international arbiter of human rights, needs …


Legality, Legitimacy, And Democratic Renewal: The New Assembly In Context, Colin Harvey Jan 1998

Legality, Legitimacy, And Democratic Renewal: The New Assembly In Context, Colin Harvey

Fordham International Law Journal

This Essay examines the structure and functions of the new Northern Ireland Assembly within the context of the constitutional changes in the Britain and Ireland. Since its election in May 1997, the new Labour Government has been steadily putting in place key constitutional reforms. The changes were widely discussed, both internally while the party was in opposition and externally within the scholarly community. The Labour Government came to power on a manifesto that promised substantial constitutional reform with an emphasis on decentralization and participation. It is evident that the change of government had an impact on the process in Northern …


Constitutionalism And Change: Representation, Governance, And Participation In The New Northern Ireland, John Morison Jan 1998

Constitutionalism And Change: Representation, Governance, And Participation In The New Northern Ireland, John Morison

Fordham International Law Journal

This Essay assesses the achievement of restoring representative government and also considers whether this is enough given the changes that have occurred since last there was devolved government in Northern Ireland. Finally, it examines those aspects of the Agreement that can be developed in line with a view that the constitution should now be seen much less as a structure of rule than a framework for rule within the wider task of democratizing democracy in the new Northern Ireland.


Mainstreaming Equality In The Governance Of Northern Ireland, Christopher Mccrudden Jan 1998

Mainstreaming Equality In The Governance Of Northern Ireland, Christopher Mccrudden

Fordham International Law Journal

The purpose of this Article is to discuss this change, concentrating on the development of the approach to equality in the Agreement, and its subsequent incorporation into the Northern Ireland Act of 1998 ("Act"), which now forms the legal basis for the new constitutional settlement in Northern Ireland. The Agreement's approach is that equality should be "mainstreamed" in the future governance of Northern Ireland. But, following the Agreement, there was a real danger that equality would be pushed back to the margins. Fortunately, a coalition of the disadvantaged and politicians ensured that this did not happen. The Act, taken together …


The Recent Evolution Of The European Union, Marcelino Oreja Jan 1998

The Recent Evolution Of The European Union, Marcelino Oreja

Fordham International Law Journal

I believe that we need to compare the constitutional systems of the two most important players on the international stage to obtain a more clear idea of the difficulties, the problems, and also the different attitudes that may exist on both sides. Mutual comprehension between the United States and the European Union, and transatlantic cooperation in general, are essential for the structuring of international relations. It is useful to take a brief look at what is changing in Europe. If we leave aside the different reactions to the relative successes and failures of the Treaty of Amsterdam, as well as …


Social Policy And Employment Aspects Of The Treaty Of Amsterdam, Patrick Venturini Jan 1998

Social Policy And Employment Aspects Of The Treaty Of Amsterdam, Patrick Venturini

Fordham International Law Journal

Commenting on employment and social policy gives me the opportunity to start by pointing out how positive the outcome of the Treaty of Amsterdam (or “Treaty”) was in those fields. Indeed, the following four main fields are concerned with substantial extensions or reinforcements of European Community (“EC” or “Community”) competencies and responsibilities following the Amsterdam Summit: employment, social policy, equality between men and women, and fundamental rights and non-discrimination. Last but not least, the strengthening of the co-decision procedure, which is now the principal legislative procedure and requires a joint decision of the Council and the European Parliament, does affect …


Securities Fraud Over The Internet: The Flies In The Ointment And A Hope Of Fly Paper, Kevin Mason Jan 1998

Securities Fraud Over The Internet: The Flies In The Ointment And A Hope Of Fly Paper, Kevin Mason

Case Western Reserve Journal of International Law

comment


Flickering Lamp Beside The Golden Door: Immigration, The Constitution, & Undocumented Aliens In The 1990s, Michael R. Curran Jan 1998

Flickering Lamp Beside The Golden Door: Immigration, The Constitution, & Undocumented Aliens In The 1990s, Michael R. Curran

Case Western Reserve Journal of International Law

No abstract provided.


How To Constitutionalize International Law And Foreign Policy For The Benefit Of Civil Society?, Ernst-Ulrich Petersmann Jan 1998

How To Constitutionalize International Law And Foreign Policy For The Benefit Of Civil Society?, Ernst-Ulrich Petersmann

Michigan Journal of International Law

All societies have adopted rules in order to reconcile conflicts among the short-term interests of their citizens with their common long-term interests. All societies have learned that rule-making and rule-enforcement require government powers, as well as "checks and balances" against abuses of such powers. Constitutionalism has emerged as the most important human invention for protecting equal rights of the citizens against such abuses. It rests on the rationality of Ulysses who, when approaching the island of the sirens and knowing of their dangers, ordered his companions to bind him to the mast and not to release him under any circumstances.' …