Law Commons^™

The Basel Convention: Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal, Kathleen Howard

UC Law SF International Law Review

Serious accidents compromising the environment and human health in developing nations are the result of increased hazardous waste exports. Domestic environmental legislation has failed to control these unchecked exports. The controversial Basel Convention offers a workable solution to slow hazardous waste export and to minimize waste production. This Note analyzes the Basel Convention's provisions and the positions of those opposed to them. The Note then compares the Convention to existing legislation in the United States and proposes modification and adoption of the Convention as a solution to the increasingly dangerous problem of inadequate waste disposal and international hazardous waste exports.

The Emerging European Community: A Framework For Institutional And Legal Analysis, Martin E. Elling

UC Law SF International Law Review

The European Community is not just a common market but rather a nascent political union. Facile comparisons between the institutions of the EC and the United States are insufficient and miss the point that the EC is developing a hybrid institutional and legal framework. It is crucial that political, economic, and legal actors understand the subtleties of how the EC functions, its aspirations for 1992 and beyond, and the likely changes to be wrought by the decay of Soviet hegemony in Eastern Europe.

Report Of The Icj Mission Of Inquiry Into The Israeli Military Court System In The Occupied West Bank And Gaza, Jordan J. Paust, Gerhard Von Glahn, Gunter Woratsch

UC Law SF International Law Review

The International Commission of Jurists, concerned about the workings of the military justice system in the West Bank and Gaza, sent three distinguished international lawyers to undertake an investigative mission in June and July 1989. As a result of this mission, they prepared a fair and objective factual report. The Report focuses on concerns regarding continuing reports of mistreatment and torture of suspects during interrogation, the inability of defense attorneys to visit their clients, and inadequate charges. The Report also contains numerous recommendations on topics such as improving the treatment of arrested persons, sentencing on guilty pleas, and family visits.

The European Economic Community: Challenge And Opportunity, 24 J. Marshall L. Rev. 145 (1990), Seymour Rothstein, David M. Rosenblatt

UIC Law Review

No abstract provided.

Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Iran-Iraq War: United Nations Resolution Of Armed Conflict, Matthew J. Ferretti

Villanova Law Review (1956 - )

No abstract provided.

South Africa In Transition: Human Rights, Ethnicity And Law In The 1990s, Winston P. Nagan

Villanova Law Review (1956 - )

No abstract provided.

Freedom In Eastern Europe And The Spread Of Hiv/Aids: The Unnoticed Story, 1 Touro J. Transnat'l L. 307 (1990), Michael L. Closen, Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.

Choice Of Law Clauses In Consumer Contracts: A Comparative Study Of American And E.E.C. Law, Jean-Marie Henckaerts

LLM Theses and Essays

The selection of the law applicable to a certain relationship may seem to be the sole purpose of choice of law rules. However, it is questionable whether this choice should be made independent from the content of the various laws available. The selection of the most appropriate law cannot disregard the social, economic and political values that form the basis of substantive rules. In modern legal systems, social values such as consumer protection are recognized to a growing extent.

The present work explores the concept of choice of law – namely party autonomy with a focus on consumer contracts in …

A Tale Of Two Copyrights: Literary Property In Revolutionary France And America, Jane C. Ginsburg

Faculty Scholarship

The French and U.S. copyright systems are well known as opposites. The product of the French Revolution, French copyright law is said to enshrine the author: exclusive rights flow from one's (preferred) status as a creator. For example, a leading French copyright scholar states that one of the "fundamental ideas" of the revolutionary copyright laws is the principle that "an exclusive right is conferred on authors because their property is the most justified since it flows from their intellectual creation." By contrast, the U.S. Constitution's copyright clause, echoing the English Statute of Anne, makes the public's interest equal, if not …

Note, The Death Penalty In Late Imperial, Modern, And Post-Tiananmen China, Alan W. Lepp

Michigan Journal of International Law

This paper seeks to explore the crucial determinants that shape the Chinese legal system's use of the death penalty. Why have the Chinese relied so heavily on execution as a form of sentencing? What factors and conditions account for the major changes in the frequency of China's use of the death penalty? What indigenous traditions are reflected in China's implementation of the death penalty? In order to inquire into the role and function of the legal system in affecting the severity of criminal punishment in China, this study will focus on only those death sentences carried out by the state …

Child Welfare Legislation In India: Will Indian Children Benefit From The United Nations Convention On The Rights Of The Child, Shahana Dasgupta

Michigan Journal of International Law

The subject of children's rights has been dealt with both directly and indirectly in a number of international legal instruments over the years. Initially, there were differences concerning the need for a Convention over and above the already existing legislation. Some countries felt that children should not be treated as a category set apart from other human beings and thereby be the object of a separate legal document. On the other hand, countries in favor of a Convention wanted to create a single legal instrument which would take into account children's requirements on a universal scale. They also saw the …

The Italian Constitutional Court And The Relationship Between The Italian Legal System And The European Community, Mart Cartabia

Michigan Journal of International Law

This article will address how it has been possible that the same Court, interpreting the same Constitution and facing the same problems, has come to such contradictory conclusions, and will assess the impact of such conclusions on the institutional relationship between the EC and Italy.

Comparative South American Civil Procedure: The Chilean Perspective, Richard B. Cappalli

University of Miami Inter-American Law Review

No abstract provided.

Altered States: A Comparison Of Separation Of Powers In The United States And In The United Kingdom, James G. Wilson

Law Faculty Articles and Essays

This Article initially will compare the United States Constitution and the British constitution both to evaluate Young, Morrison, and Misretta, and to develop a sounder approach to all structural issues. Comparative constitutional law provides some of the "experience" needed to decide abstract structural cases. Predicting the reverberations of a proposed change within a system will be easier if one has studied how similar alterations have affected similar organizations. The British constitution is particularly germane because it was a model for the American Constitution. The two countries have a shared legal tradition and frequently generate similar positive law. The British constitution …

Getting Left Behind: The Impact Of The 1986 Immigration Reform And Control Act Amnesty Program On Single Women With Children, Diane M. Bessette

UC Law SF International Law Review

After ten years of debate about immigration law reform, the United States Congress passed the Immigration Reform and Control Act of 1986 (IRCA). The IRCA includes a section offering amnesty, or legal residence status, to undocumented persons who can establish actual residence in the United States since 1982. This Note examines one aspect of the amnesty application process, the public charge exclusion, and its impact on single women with children. The first section explains the challenges faced by single immigrant women with children through the story of one woman who applied for the IRCA amnesty. The Note then reviews the …

A Comparative Introduction To Japanese &(And) United States Wrongful Termination Law, S. Maya Iwanaga

UC Law SF International Law Review

Business relations between the United States and Japan have led to an increasing exchange of employees. However, United States and Japanese citizens who find themselves within the other's employment system are often confused as to what actions are proper in the employment termination setting. This Note presents an overview of Japanese and United States wrongful termination laws. The Note then highlights the similarities and differences between the two countries' approaches and evaluates the evolution of United States employment law towards a Japanese just cause system.

The Impact Of 1992 On United States Export Control Laws, Giovanna M. Cinelli

UC Law SF International Law Review

United States export control laws govern the majority of trade in dual use and defense related items and services between the United States and its major trading partners. The present system requires licenses and reexport authorization for the goods which are traded. For several years, however, United States trading partners have objected to the reach of these laws and United States industry has complained of the competitive disadvantage to which these laws subject many international companies. The onset of the economic integration of Europe, an integration which will result in the world's largest market, has refocused United States congressional and …

Disparity In The Application Of Legal Principles As A Form Of Trade Restraint: Attorney-Client Privilege In The European Community, Dan R. Mastromarco

UC Law SF International Law Review

This Article briefly describes the origin of the Community confidentiality standard, emphasizing the disparate treatment accorded EC and non-EC attorneys. It discusses the nature of the American attorney-client privilege and the rationale for the privilege; it also explores the inherent problems presented in the EC position. The Article concludes by criticizing the decisions in the AM&S and Deere cases for going against the underlying spirit of the EC through the disparate application of legal principles.

The Child Care Tax Credit: An Investment In The Future, Laurie E. Sherwood

UC Law SF International Law Review

The future of the United States lies in one of its most important resources: its children. Child care plays a key role in the development of this resource. However, we face a child care crisis in the United States: both in terms of costs and quality. This Note, in an effort to address the high costs of child care, discusses the Child Care Tax Credit in the United States, a federal program designed to provide tax relief for working parents who incur child care expenses. A discussion of the Canadian tax approach to child care expenses and a comparison of …

Democracy, Counterinsurgency, And Human Rights: The Case Of Peru, Angela Cornell, Kenneth Roberts

Cornell Law Faculty Publications

The wave of authoritarianism that swept over Latin America in the 1960s and 1970s focused international attention on the human rights violations committed by military dictatorships. As most Latin American nations experienced transitions to democratic rule in the 1980s, hopes were raised that human rights would be more widely respected. Nevertheless, it is questionable whether a regime change from dictatorship to democracy necessarily entails renewed respect for human rights. Does redemocratization represent a fundamental change in the exercise of political authority—that is, in relations between the state and civil society—or are there conditions under which democratic institutions and constitutional norms …

The Duty Of Directors To Non-Shareholder Constituencies In Control Transactions: A Comparison Of U.S. And U.K. Law, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

The Effect Of The Tiananmen Square Massacre Upon Negotiations For The Draft Basic Law Of The Hong Kong Special Administrative Region, Wendy Dullea Bowie

Penn State International Law Review (1982 - 2011)

This Comment will examine the effect of the massacre and the Chinese government's subsequent actions upon the negotiation of certain provisions of Hong Kong's future laws. Section II will examine the massacre, China's subsequent denial of any massacre, and Hong Kong's reaction to those events. Section III will discuss Great Britain's acquisition of Hong Kong, and the China-Britain agreement regarding Hong Kong. Section IV will compare provisions for the protection of human and individual rights contained within the Constitution of the People's Republic of China (PRC Constitution), the China-Britain Joint Declaration, (Joint Declaration) and the Draft Basic Law (DBL) which …

The Jurisprudence Of Constitutional Law: The Philosophical Origins And Differences Between The Western Liberal And Soviet Communist State Law, Ziyad Motala

Penn State International Law Review (1982 - 2011)

This article will examine the philosophical notions of a constitution and a state system from a historical perspective. It will highlight the different philosophical bases of state law and the purpose the constitution is meant to serve under the two divergent orders. The approach will be descriptive and comparative. The purpose of this work is not (in the words of Christopher Osakwe) to pass off a political opinion about the desirability of one or the other legal systems. Instead, the essential focus will be to examine the jurisprudence underlying the constitutional systems, and the different uses that constitutions perform in …

Judicial Responsibility In Italy: A New Statute, Ugo Mattei

Faculty Scholarship

No abstract provided.

Dictionary Developments: Book Review, Daniel H. Foote

Book Reviews

English-Japanese: The Dictionary of Anglo-American Law, published by the University of Tokyo Press, represents a tremendous achievement. Its publication in 1991 culminated a'seven-year effort in which more than fifty leading Japanese scholars actively participated. These included specialists in a wide range of fields, not just professors of Anglo-American law. The effort was overseen-and a heavy share of the work borne by-a seven-member Editorial Committee, which held more than 150 meetings in the process of preparing the dictionary. Based on accounts I have received from many of the professors who participated in the project, however, it is clear that the …

Translation Of Legal Texts: Three English Versions Of The Swiss Federal Statute On Private International Law, Walter König

Michigan Journal of International Law

Working with translated legal materials can be frustrating and treacherous. Lawyers who are regularly forced to do this soon realize their limitations and end up wishing they had taken the trouble to study the original language. They also appreciate the difficulties confronting the translator. Mastery of the languages involved is necessary, but not sufficient, particularly where the user of a translation expects a literal translation, the legal systems of the starting languages and target language differ fundamentally and the subject matter is highly abstract.

L'Estoppel Et La Protection De La Confiance Légitime: Eléments D'Un Renouveau Du Droit De La Responsabilité (Droit Anglais Et Droit Français), Olivier Moréteau

Journal Articles

When studied in its historical dimension, the English doctrine of estoppel does not anymore appear like a rule of evidence but like a rule of substantive law. It precludes a person from denying a representation he has made whenever another person has been detrimentally relying on the truth of this representation. Estoppel can then be featured as a key concept taking place at the core of the law of obligations, together with the notions of tort, contract, and restitution. Within this province of the law, judges protect the reliance of parties reasonably acting on the faith of other parties’ conduct …

Comparative American Judicial Systems, Jeffrey A. Parness

University of Richmond Law Review

Far too often when we discuss American courts and their judicial systems, we take little note of the significant differences in the ways in which cases are handled and law is practiced. We probably contemplate the dichotomy between trial and appellate courts; between rural and urban courts; between general and special jurisdiction courts; between state and federal courts; between courts with elected and selected judges; and between civil and criminal courts. We also surely contemplate the differences in attitudes, work habits, ideology, staff and the like which separate individual judges, and we inevitably contemplate the divergent judicial approaches to the …

Promotion Of U.S. Foreign Investment In Selected Eastern European Countries In The 1990’S. Comparative Analysis Of Foreign Investment Laws In Poland, The Soviet Union, Yugoslavia, And Hungary And Possible Impact Of The U.S. Law On Their Operation, Dorota Szewc

LLM Theses and Essays

Perestroika describes the historical revolution of political and economic reforms which were aimed at accelerating economic growth, democratization, and openness. As the failings of the socialist economic model became more apparent, Eastern European nations were motivated to enact laws allowing foreign investment. A comparative analysis of these foreign investment laws in Poland, the Soviet Union, Hungary, and Yugoslavia is made. Even with the reforms in Eastern Europe, U.S. law may affect the actions of American investors in Eastern Europe. Specifically, U.S. export control laws effect the trade between the U.S. and countries still deemed to be communist, and U.S. antitrust …