Law Commons^™

The Problem Of Enforcing Environmental Norms In The Wto And What To Do About It, Sanford E. Gaines

UC Law SF International Law Review

National and international focus and efforts on trade has led to the comparative disadvantage of international environmental policy relative to trade policy in what is known as the trade-environment problematique. The tension between trade and the environment does not exist because trade norms trump environmental norms, but because of the tension between environmental protection and the intensification of economic activity to provide for the world's growing population. This article argues that rather than creating a new international institution to address the trade-environment problematique, international environmental policy should instead be more fully and deeply integrated into economic policy, which can only …

From Country-Based To Corporate-Based Campaigns, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Out Of The Crooked Timber Of Humanity: The Conflict Between South Africa's Truth And Reconciliation Commission And International Human Rights Norms Regarding Effective Remedies, Sherrie L. Russell-Brown

UC Law SF International Law Review

Judicial review in the United States is a strong and effective remedy. However, it is a limited remedy because the courts act only when asked and because courts have developed an entire jurisprudence of reasons why they cannot hear cases. For past violations there is no constitutional remedy; and there is no constitutional obligation upon Congress, or upon the States, to provide remedies, or to compensate victims for violations of their rights.

In contrast to the U.S. Constitution, various comprehensive human rights and regional human rights treaties explicitly include, in some form, the right to a remedy for violations of …

Enforcing Arms Control Agreements By Military Force: Iraq And The 800-Pound Gorilla, Davis Brown

UC Law SF International Law Review

Despite Iraq's complete disdain for international law, the community of States, acting in accordance with international law, had allowed the Ba'ath regime to remain in power. Iraq therefore enjoyed the benefits of the principles of sovereign equality, non-interference with internal affairs, and, for the most part, non-use of force, without shouldering any of the responsibilities that come with the privilege of recognition as a State. This article begins with a presentation of a new approach to jus ad bellum which takes just war theory to the next level, where force is used as a remedy to a grave injury caused …

Enforcing Environmental Norms: Diplomatic And Judicial Approaches, Nicholas A. Robinson

UC Law SF International Law Review

In the space of one generation, through both national and international agreements, nations have established norms and a framework for environmental stewardship of the Earth. One sign of the acceptance and maturation of environmental norms is that nations now worry about how to enforce environmental law and how to achieve compliance. Enforcement of environmental laws is essential to attaining the international objective of sustainable development. To be effective, this enforcement must be routine, reasonably resourced and predictable-an arduous challenge. In order to build a sustainable global community, the nations of the world must renew their commitment to the United Nations, …

Remedying Past Abuses Of Governmental Power - Legal Accountability For The 1968 Events In Poland, Susanne Starecki

UC Law SF International Law Review

Since the 1968 events in Poland, the Polish government has systematically subjected Polish Jews to degrading treatment, denied them their rights to freedom of religion, denied them their right to the enjoyment of property and engaged in numerous acts of discrimination. The issue of justice and reparations for these Polish Jews must be addressed. This note examines the means Polish Jews may explore to remedy Polish governmental abuses. Due to the absence of applicable domestic laws and reparations by Poland, Polish Jews need to utilize international tribunals, particularly the European Court of Human Rights.

The European Union V. The North Atlantic Treaty Organization: Estonia's Conflicting Interests As A Party To The International Criminal Court, Barbi Appelquist

UC Law SF International Law Review

The United States has requested that states party to the ICC sign agreements-referred to as Article 98 treatiesexempting U.S. citizens from ICC jurisdiction. The EU has opposed Article 98 treaties on the grounds that they threaten the legitimacy of the ICC. This note evaluates the conflicting political pressure exerted on Estonia to either sign or refrain from signing an Article 98 treaty. Part One summarizes the theory of transplantation and how Estonia's relationships with the EU, NATO and the ICC have affected Estonia's international legal obligations and diplomatic options. Part Two analyzes Estonia's relations with the United States, NATO and …

The Byrd Amendment Battle: American Trade Politics At The Wto, Claire Hervey

UC Law SF International Law Review

The Byrd Amendment has been controversial in both domestic U.S. politics and in international trade law since its enactment. In the international sphere, the controversy surrounds its validity under the WTO, the world's strongest supranational legal regime. In the largest joint dispute resolution action in the history of the WTO, thirty countries challenged the Byrd Amendment as a violation of the ban on governmental subsidies, and won. The U.S. Congress failed to comply with this ruling by its implementation deadline (December 27, 2003) as well as with several other decisions of the WTO, deepening the rift between America and its …

Introduction Symposium Of The Japan Association Of The Law Of Civil Procedure: The Role Of The Judge In The Development Of Civil Litigation, Makoto Ito

UC Law SF International Law Review

This year's symposium focused on the role of the judge in development of civil litigation. The role of the judge is surely central to many aspects of civil procedure; as the authority and latitude of the judge expand, the authority and latitude of the lawyers may diminish. There is significant evolution of the role of the judge in Japan, Germany and the United States, but whether this evolution is proceeding at the same speed, or in the same direction, is a matter for discussion and further study.

Justice For Some - U.S. Efforts Under Article 98 To Escape The Jurisdiction Of The International Criminal Court, Cosmos Eubany

UC Law SF International Law Review

In April 2002, ten countries ratified the Rome Statute and deposited their instruments with the United Nations. These actions brought the International Criminal Court into force with over sixty ratifications. A month later, the United States declared that it no longer intended to pursue ratification of the treaty and asked to remove its signature from the statute. The United States then launched a campaign to ensure that its nationals would not fall within the jurisdiction of the Court. To ensure that the ICC does not gain jurisdiction over its nationals under any circumstance, the United States is currently seeking "non-surrender" …

A Comparative Look At Anti-Stalking Legislation In The United States And Japan, Nga B. Tran

UC Law SF International Law Review

Even with anti-stalking laws in place in the United States, the persistence of stalking crimes is alarming. Providing victims with maximum protection under a legal system requires drafting constitutionally valid statutes, mandatory police education and training on the subject and prevention and early intervention. In addition, comparing the anti-stalking laws in the United States with the newly implemented anti-stalking laws in Japan, which have been very effective in curbing the activities of stalkers, leads to the conclusion that anti-stalking laws in the U.S. should incorporate many of Japan's victim-oriented measures.

Roles Of Judges And Attorneys Under The Non-Sanction Scheme In Japanese Civil Procedure, Koichi Miki

UC Law SF International Law Review

In many jurisdictions, the roles of judges and attorneys in modern civil procedure are becoming multi-faceted and, accordingly, more and more complex. This paper outlines the Japanese situation, focusing on the most recent reform of the Japanese Code of Civil Procedure (the New Code), which occurred in 1996. The reform introduced several innovative devices, none of which contained sanction provisions for implementation or enforcement of their legal effect. The inclination towards non-sanction schemes of this kind reflects the recent trend in reforms. The non-sanction scheme inevitably has an influence on the roles of judges and attorneys. Therefore, it is necessary …

The Right Of Abode Cases: Hong Kong's Constitutional Crisis, Anne R. Fokstuen

UC Law SF International Law Review

This note examines the relationship between the Hong Kong Special Administrative Region ("HKSAR") and the People's Republic of China ("PRC") after the handover, and focuses on recent Court of Final Appeals ("CFA") decisions involving the interpretation of Hong Kong's Constitution, the Basic Law, in the "right of abode" context. The author analyzes the most recent decisions in the context of the unacknowledged political balancing act required by the judiciary in post handover Hong Kong and explores the outlook for the "one country, two systems" framework set up at the time of the handover.

Declaring War On The Japanese Constitution: Japan's Right To Military Sovereignty And The United States' Right To Military Presence In Japan, Derek Van Hoften

UC Law SF International Law Review

An analysis of the Japanese military and its relationship with the United States military necessarily involves an analysis of historical events, legal issues and international law. Specifically, it involves a detailed examination of the United States' post-war occupation of Japan and the new U.S.-drafted Japanese constitution that followed; of the intricacies of that constitution, including its renunciation of the right to belligerency or to maintenance of armed forces; of internal and external pressures to amend or reinterpret that constitution; of practical realities such as diplomacy, self defense and economic growth; of the legitimacy of a document called a constitution, for …

The Origin And Emergence Of International Environmental Norms, Armin Rosencranz

UC Law SF International Law Review

In this symposium essay, I intend to explore the origins and influence of international environmental norms. I believe I can identify twenty norms as either prevailing or rising norms of global environmental law: sic utere tuo ut alienum non laedas (use your property so that the property of others is not damaged); subsidiarity; cultural diversity; the environment is a human right; the common heritage of humankind; environmental impact assessment; intergenerational equity; state sovereignty; the polluter pays principle; active role of civil society and NGOs; notification and consultation; equal access to justice; monitoring, reporting and disclosure; sustainable development; the precautionary principle; …

International Environmental Justice: Rights And Remedies, Kenneth F. Mccallion

UC Law SF International Law Review

Although environmental rights are not explicitly enumerated in the Universal Declaration of Human Rights, it has become generally recognized that environmental rights are closely linked with the right to life, which is the most fundamental jus cogens norm, without which no other rights can be exercised. As the environmental crisis has accelerated in the nineteenth and twentieth centuries, constitutional drafters around the globe have explicitly enshrined in their constitutions some form of obligation to protect the environment or other environmental rights. Consequently, states have come to realize the existence of a duty to prevent grave environmental destruction, particularly in the …

Reining In The American Litigator: The New Role Of American Judges, Richard L. Marcus

UC Law SF International Law Review

The American lawyer has long seemed unique in the world-almost a cowboy figure doing justice against the odds. The American judge, on the other hand, has remained a background figure, rarely taking the initiative and serving instead as a passive, impartial umpire in the contest of the lawyers. During the last half-century, however, the latitude accorded the American lawyer has increasingly been reined in by American judges. Although there has been resistance to this trend, it shows no signs of abating. This paper begins with a very general sketch of the role of attorneys in U.S. society and government, and …

The Multiple Roles Of Judges And Attorneys In Modern Civil Litigation, Astrid Stadler

UC Law SF International Law Review

In contrast to the U.S. adversary system, the great influence of the judge on the conduct of litigation in continental Europe, especially in Germany, is based upon a different understanding of the relationship between the state and its citizens. Based upon historical experience, especially under German law, judges have great constitutionally-based independence. The German Civil Procedure Rules Act had as its goals the reform of the German civil procedure remedy system, the development of a more consumer-friendly, efficient and transparent civil procedure, the encouragement of faster trials and the increase of court-directed settlements. It is still too early for a …

Resisting Culture, Joel R. Paul

Faculty Scholarship

No abstract provided.

Free Association: The United States Experience, Chimène Keitner, W. Michael Reisman

Faculty Scholarship

No abstract provided.

The Challenge Of Building An Inter-Communal Rule Of Law In Helen Hunt Jackson's Ramona, Chimène Keitner

Faculty Scholarship

No abstract provided.

The Structural Rules Of Transnational Law, William S. Dodge

Faculty Scholarship

No abstract provided.

Facing Tyranny With Justice: Alternatives To War In The Confrontation With Iraq, George Bisharat

Faculty Scholarship

No abstract provided.