Law Commons^™

The Economics Of Uniform Laws And Uniform Law Making, John Linarelli

Scholarly Works

Uniform law making has a substantial history in the twentieth century. It seems to be continuing with some force into the twenty-first century. A significant American law and economics literature, however, questions its merit. By contrast, there have been limited rational choice oriented investigations of unification or centralization of law in Europe. Critics of the uniform law movement in the United States use methods of analysis influenced by public choice theory, political economics and positive political theory. The paper does not call into question the methods and assumptions of these approaches. The paper claims that economic analysis supports public policy …

Employer Beware? Enforcing Transnational Labor Standards In The United States Under The Alien Tort Claims Act, Sarah J. Adams-Schoen

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The Alien Tort Claims Act (ATCA) arguably allows non-U.S. citizens to bring claims for violations of customary international law (CIL). Although CIL litigation typically embraces only egregious human rights violations, the scope of CIL actually encompasses all universally recognized rights, including some labor rights. This Comment explores the possibility that the ATCA may be used to litigate claims by non-U.S. citizens alleging violations of international labor rights. It concludes that the Act likely provides a vehicle for aggrieved employees to bring suit in U.S. court for violations of international labor standards. Finally, this Comment recognizes that the impact of ATCA …

Trade-Related Aspects Of Intellectual Property Rights And Biotechnology: European Aspects, John Linarelli

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There does not seem to be a widely held view among WTO members of the proper role and scope of TRIPS. One of the main reasons why TRIPS is controversial is because it allocates rights in innovation, some would say beyond the bounds of what a trade agreement should seek to do. The lines of the debate are often conceptualized in terms of 'developing' versus 'developed' country differences. One of the major areas of disagreement is how TRIPS deals with rights in biotechnology. Some developing countries are relatively rich in biodiversity and traditional knowledge but poor in capital and scientific …

The Economics Of Private Law Harmonization, John Linarelli

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No abstract provided.

Cultural Relativism, Economic Development And International Human Rights In The Asian Context, Richard Klein

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No abstract provided.

The Role Of Dispute Settlement In World Trade Law: Some Lessons From The Kodak-Fuji Dispute, John Linarelli

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No abstract provided.

Protocols For International Arbitrators Who Dare To Settle Cases, Harold Abramson

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The best time to settle an international business dispute can be after the international arbitration proceeding has been commenced. Just like in court litigation, parties may be ready to settle only after the adjudicatory process has begun and even has progressed. In court, judges commonly open the door to settlement; they hold settlement conferences and even actively participate in settlement negotiations. But arbitrators rarely open the door to settlement; when they do, they risk losing their jobs. So, what can international arbitrators safely do? What dare they do?

In this article, the author explores the dilemma presented when one neutral …

The World’S Youngest Political Prisoner, Richard Klein

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Every participant at an international human rights conference in June 1998 received a small pamphlet published by Tibetan supporters of Tibetan Buddhism's highest-ranking figure, the Dalai Lama. Entitled "The World's Youngest Political Prisoner," the pamphlet makes a plea for support for a young boy, now nine years old, who the Chinese government has allegedly kidnapped and detained. The Dalai Lama, who has been living in exile for forty years, claims the boy is the eleventh reincarnation of the Panchen Lama, the second holiest individual in Tibetan Buddhism. This battle over the identification of the reincarnation of a holy man is …

The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith

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No abstract provided.

Time To Try Mediation Of International Commercial Disputes, Harold Abramson

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No abstract provided.

The Tragedy Of Hong Kong, Richard Klein

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While the world watched the fireworks and celebrations occurring in Hong Kong on July 1, 1997, a far sadder event was, in fact, unfolding. The people of Hong Kong, most of whom had originally fled from China -- the country which was now taking over -- have simply never experienced the basic human right of self-determination. Rule was shifting from a colonial power which had denied the people of Hong Kong their basic human rights for virtually all of its 155-year administration, to a country which, immediately upon assuming sovereignty, made it clear that democracy would remain but a dream.

The Empire Strikes Back: Britain's Use Of The Law To Suppress Political Dissent In Hong Kong, Richard Klein

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This Article highlights historical events in Hong Kong under the British administration, and calls for a reconsideration of the widely-held view of approving of British rule. Among those instances highlighed by this Article include the British use of martial law, deportation, imprisonment, flogging and censorship to deal with those who dared criticize the governance of the colony.

Immigration Laws As Instruments Of Discrimination: Legislation Designed To Limit Chinese Immigration Into The United Kingdom, Richard Klein

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No abstract provided.

Peace-Building, John Linarelli

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No abstract provided.

Anglo-American Jurisprudence And Latin America, John Linarelli

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No abstract provided.

The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw

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No abstract provided.

The European Bank For Reconstruction And Development And The Post-Cold War Era, John Linarelli

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No abstract provided.

An Examination Of The Proposed Crime Of Intervention In The Draft Code Of Crimes Against The Peace And Security Of Mankind, John Linarelli

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No abstract provided.

The European Bank For Reconstruction And Development: Legal And Policy Issues, John Linarelli

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No abstract provided.

International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli

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No abstract provided.

An International Criminal Court For The Future, Daniel H. Derby

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No abstract provided.

Law And Racism In An Asian Setting: An Analysis Of The British Rule Of Hong Kong, Richard Klein

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No abstract provided.

China And The Gatt Agreement On Government Procurement, John Linarelli

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No abstract provided.

Developing A World Vision: An Introduction To International Environmental Policy, Beverly Mcqueary Smith

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No abstract provided.

Introduction: International Criminal Law – Lessons From Teaching Strategies, Daniel H. Derby

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No abstract provided.

Coming To Terms With Terrorism--Relativity Of Wrongfulness And The Need For A New Framework, Daniel H. Derby

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No abstract provided.

An Analytical Framework For International Criminal Law: Realism And Interest Alignment, Daniel H. Derby

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No abstract provided.

Duties And Powers Respecting Foreign Crimes, Daniel H. Derby

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No abstract provided.

The Uniting For Peace Resolution On The Thirtieth Anniversary Of Its Passage, Harry Reicher

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No abstract provided.

Final Report On The Establishment Of An International Criminal Court For The Implementation Of The Apartheid Convention And Other Relevant International Instruments, Daniel H. Derby, M. Cherif Bassiouni

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No abstract provided.