Law Commons^™

The Impunity Gap Of The International Criminal Tribunal For Rwanda: Causes And Consequences, Leslie Haskell, Lars Waldorf

UC Law SF International Law Review

The International Criminal Tribunal for Rwanda (ICTR) has achieved considerable success in bringing to justice those most responsible for the 1994 genocide in Rwanda. However, the ICTR's Prosecutor has failed to indict a single member of the Rwandan Patriotic Front (RPF), a rebel group that now governs Rwanda, for war crimes and crimes against humanity committed in 1994 as a result of state noncooperation. Instead, the Prosecutor allowed Rwanda to conduct a sham trial into a notorious massacre involving thirteen clergy that his office had investigated. This Article takes a close look at this case and is based on the …

Electronic Medical Records And The Challenge To Privacy: How The United States And Canada Are Responding, Elana Rivkin-Haas

UC Law SF International Law Review

The rapid and continual advances in electronic record keeping create new and challenging privacy concerns in a variety of contexts. This Note examines the particular privacy issues countries face as their health care systems move towards more centralized, electronic medical record keeping. Electronic medical records provide for the increased collection, availability, aggregation, and dissemination of medical data which can facilitate more effective care, but can also leave people vulnerable to having private information misused. This Note focuses on the current privacy law framework in the United States and Canada. It will then explore whether the legal standards in these countries …

Fragrant Or Foul? - Regulation Of The Global Perfume Industry And The Implications For American Sovereignty, Caroline M. Reebs

UC Law SF International Law Review

The regulation of fragranced personal care products is increasingly scrutinized in the United States. As the FDA's cosmetic product requirements are minimal, particularly when compared to those followed by food producers and drug manufacturers, consumer groups emphasize the negative health implications. Industry, on the other hand, maintains that fragrances are safe for use and are effectively monitored by international trade associations. Because the government plays a modest role in cosmetic regulation, an arbiter is needed.

This Note examines the above concerns in a comparative light. The European Union's Cosmetic Directive imposes more requirements on cosmetic manufacturers and maintains a lengthier …

International Civil Religion: Respecting Religious Diversity While Promoting International Cooperation, Amos Prosser Davis

UC Law SF International Law Review

International civil religion grounds moral claims that permeate and transcend traditional religious paradigms. Given the inevitability of international interactions - interactions that cross geographic, religious, and cultural boundaries - our global society is in need of a universally endorsable framework that undergirds the United Nations international human rights regime. International civil religion provides that framework.

Numerous scholars and moral theorists have incrementally discerned the parameters of civil religion including, inter alia, Jean-Jacques Rousseau, Alexis de Tocqueville, Robert Bellah, Martin Marty, and Harold Berman. The tenets of international civil religion infuse the diplomatically drafted United Nations covenants and conventions on human …

International Alchemy Within The Post-Copenhagen World: Transforming Critical Infrastructure Across Two Hundred Divergent Economics, Steven Ferrey

UC Law SF International Law Review

International solutions, reaching across different types of economies and systems of governance in two hundred world nations, have achieved a new urgency: Leading world climate scientists declare that in the next five years, the world is at a "tipping point" beyond which there is scant redemption from climate catastrophe. It is clear that solutions must quickly focus on a new energy infrastructure, somehow implemented across fundamentally different systems of national governance and economy, to abate rapidly exploding CO₂ emissions from unrestrained, cheap fossil-fuel energy use.

While the press coverage of the recent Copenhagen and Cancun international climate conferences concentrated …

Workplace Bullying As An Occupational Safety And Health Matter: A Comparative Analysis, Susan Harthill

UC Law SF International Law Review

Workers who are bullied at work suffer physically and mentally, and can even be driven to suicide. There ought to be a law against workplace bullying, and in some countries, there is. Despite a growing body of interdisciplinary work highlighting the prevalence and costs of workplace bullying in the United States, there are currently no U.S. state or federal laws expressly addressing the issue, despite the ground breaking work and legislative efforts of workplace bullying pioneers, David Yamada and Drs. Ruth and Gary Namie. The dismal fact for American workers is that the U.S. lags behind many other countries when …

Hiv/Aids And Human Rights In Botswana And Swaziland: A Matter Of Dignity And Health, Vincent Iacopino, Sheri D. Weiser, Madhavi Dandu, David Tuller

UC Law SF International Law Review

A health and human rights framework provides a comprehensive perspective for understanding complex interactions between HIV/AIDS, human rights, and the health of individuals and communities. By helping to identify a broad range of social factors that affect health, such a framework also facilitates the development of interventions and policies that maximize both health and human rights benefits. In this Article, we discuss the various linkages between health and human rights and review the literature on HIV/AIDS and human rights, with a focus on under-resourced settings. In particular, we examine how the framework is relevant to the specific epidemics in Botswana …

Immigration, Crime, And Public Perception: Victimization Legislation In The United States And Canada - Can The U Visa Serve As A Model?, Bettina Rodriguez Schlegel

UC Law SF International Law Review

This Note compares the forces behind the creation and the implementation of crime victim visa legislation in the United States and Canada. Both are recognized globally as important immigrant-receiving nations with long histories of reliance on immigrant populations for economic growth and expansion. Both states have crafted immigration policies in line with their economic needs and societal perceptions of immigrants in relation to the dominant culture mores. This Note analyzes the two nation's historical trends in relation to immigration as a stepping stone towards understanding the current realities of immigrant life in North America and delves in to the impacts …

Universal Jurisdiction To Prosecute Human Trafficking: Analyzing The Practical Impact Of A Jurisdictional Change In Federal Law, John Reynolds

UC Law SF International Law Review

Human trafficking is fast-growing international dilemma. This note evaluates the potential of universal jurisdiction to prosecute human trafficking to mitigate the crime's impact. Analogies are drawn to slavery and piracy, the paradigm crimes subject to universal jurisdiction. This note will also explore alternative approaches to combating human trafficking - political and economic approaches that attempt to undercut the root causes of human trafficking.

Better Late Than Never: A Critique Of The United States' Asylum Filing Deadline From International And Comparative Law Perspectives, Misha Seay

UC Law SF International Law Review

This note critiques the filing deadline for asylum applications in the United States by comparing it to relevant international standards and the practices of other countries. It first looks to international treaties governing asylum procedures and the obligations of the U.S. under international law. It then compares the asylum procedures of three countries that admit similarly large numbers of refugees - Canada, Australia, and the United Kingdom - and discusses the filing deadlines, if any, that they impose on asylum applications in their respective countries. Finally, this note examines the U.S.'s filing deadline for asylum applications (the one-year bar) and …

The Rule 23(B)(3) Superiority Requirement And Transnational Class Actions: Excluding Foreign Class Members In Favor Of European Remedies, Michael P. Murtagh

UC Law SF International Law Review

This Article analyzes the way federal courts conduct their superiority inquiries on motions for class certification in transnational class actions. Opt-out class actions under Rule 23(b)(3) conflict with an important premise of legal systems around the world, namely, that one cannot be bound to a judgment unless one affirmatively participated in the lawsuit. Federal courts sometimes either decline to certify the class or exclude foreign class members from the class because of the risk that the courts of foreign countries will not enforce the class action judgment. This Article argues that the current approach inefficiently exposes the parties to costly …

Health, Human Rights, And Violence Against Women And Girls: Broadly Redefining Affirmative State Duties After Opuz V. Turkey, Cheryl Hanna

UC Law SF International Law Review

This Paper was initially presented at the Hastings International & Comparative Law Review symposium Heath as a Human Right: The Global Option. The symposium was held in memory of Professor Virginia Leary, a leader in international law. Professor Hanna takes this theme and applies it to global problem of violence against women and girls and makes two assertions. First, while there has been tremendous progress in our understanding of how male violence against women and girls undermines gender equality and impacts their right to autonomy and full citizenship, the most fundamental and basic consequence of such violence - physical and …

Prosecuting Heads Of State: Evolving Questions Of Venue - Where, How, And Why?, Masaya Uchino

UC Law SF International Law Review

This note surveys the different venues in which heads of state can be prosecuted. Heads of states have been tried in domestic courts, international criminal tribunals, and special "hybrid" courts. Each of these venues has a distinct set of procedures that provides different boundaries and rules for prosecutors and courts that are charging or trying a case. This note highlights how these differences can significantly impact the outcome of prosecutors' attempts to hold a head of state accountable for his crimes. To illustrate this, this note examines three very different examples of head of state prosecutions: Alberto Fujimori in Peru, …

Immunity, Italian Style: Silvio Berlusconi Versus The Italian Legal System, Brendan Quigley

UC Law SF International Law Review

Italian Prime Minister Silvio Berlusconi is Italy's longest serving Prime Minister since the founding of the First Italian Republic in 1946. He is also one of Italy's richest men, owed largely to a vast media empire encompassing private television, film production, publishing, insurance, and banking. In conjunction with this private wealth and influence, the Prime Minister's political clout has afforded him virtually unparalleled power within Italy. Despite the scope of his influence, however, Berlusconi has been a constant subject of legal controversy since his rise to power in the early to mid 1990s. Over the years, he has been accused …

Comparative International Law, Ugo Mattei

Faculty Scholarship

No abstract provided.

Different Cultures, Different Conflicts: Sex Discrimination Law And The United States And Japan, Reuel E. Schiller

Faculty Scholarship

No abstract provided.