Comparative and Foreign Law Commons^™

Victorious Youth In Peril: Analyzing Arguments Used In Cultural Property Disputes To Resolve The Case Of The Getty Bronze, Alexander Mackintosh Ritchie

Pepperdine Dispute Resolution Law Journal

There has been a great deal of press in the recent years concerning the illegal exportation of cultural objects, their illicit sale to museums and private collectors, and the arguments that would compel either the return or restitution of such objects. This article will offer an introduction to this area including the current law and arguments by focusing the dispute surrounding a tremendous cultural asset, currently owned and residing in the United States-the Getty Bronze. The status of the statue is in question because the Italian authorities are claiming that the statue was illegally exported and, therefore, could not be …

Culture In International Parental Kidnapping Mediations, Melissa A. Kucinski

Pepperdine Dispute Resolution Law Journal

Mediating an international parental kidnapping case involves much more than knowing some family law-it involves complex emotions, strict time constraints, multiple nations' laws and policies, intricate international treaties, juggling interpreters, attorneys, government officials, judges, and parents who may be physically located thousands of miles apart, and the blunt reality that you may have no understanding of either parent's cultural customs or the way each will communicate with the other parent or with you. While the "culture" part of the mediation may appear to be the least significant element, it could be key to the success of the mediation. Nonetheless, "culture" …

Negotiating And Mediating Peace In Africa , Nancy Erbe, Chinedu Bob Ezeh, Daniel Karanja, Neba Monifor, George Mubanga, Ndi Richard Tanto

Pepperdine Dispute Resolution Law Journal

Last year, a law review solicited my thoughts about, in their words, pushing the envelope with social justice and negotiating peace in a world dominated by power and violence. Taking their language literally, one must ask how to effectively address contemporary obstacles to ensure that the message and, most importantly, the means of justice are truly delivered to those in need. One answer-which may seem obvious to readers but is actually much too rare in practice-is to work with, empower, and support the conflict work of the community members themselves. This article introduces the plans of five African professionals, demonstrating …

Outward Bound To Other Cultures: Seven Guidelines For U.S. Dispute Resolution Trainers, Harold Abramson

Pepperdine Dispute Resolution Law Journal

"Would you like to go to Delhi to train people in negotiations?" the email message inquires. "Are you kidding?" you think to yourself. "Of course, I would get to do in an exotic location what I enjoy doing at home – helping others to resolve conflicts. And I also would meet fascinating people and tour an intriguing city and country with a local host." "YES," you reply after working out the logistical details. Now as you begin to pack your off-the-shelf training materials, you start to wonder how you should adapt your training for this foreign location. You do not …

Balancing Transparency: The Value Of Administrative Law And Mathews-Balancing To Investment Treaty Arbitrations, Cornel Marian

Pepperdine Dispute Resolution Law Journal

Greater reliance on arbitration to resolve cross-border disputes raises concern with the adequacy of arbitration procedural rules. In investment arbitration, transparency in the arbitrable proceedings is closely linked to the public need to review state conduct. This article draws on the responsibility of the arbitrator to balance the interests involved in an arbitration. Due consideration is given to the Global Administrative Law Project, which views many challenges affecting arbitration as the first step towards developing a global unifying standard of procedure. American domestic administrative law provides sufficient guidance in determining adequate procedure. The Mathews standard is of great value to …

"El Agua No Se Vende: Water Is Not For Sale!" The Latin American Water Tribunal As A Model For Advancing Access To Water, Mikita A. Weaver

Pepperdine Dispute Resolution Law Journal

At the international level, water is now understood to be a basic human right. However, conflict continues to intensify surrounding indigenous people's access to water as the resource becomes scarcer. In particular, this paper will examine the struggle of indigenous people in Latin America and the creation of the Latin American Water Tribunal (LAWT) as a solution. Section II will describe the LAWT, including the formation of the tribunal, case selection, and the structure of the public hearing. Section III will discuss both how the LAWT overcomes problems with the current legal system and the success of the tribunal as …

Clouded Diamonds: Without Binding Arbitration And More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail In Ending Conflicts Fueled By Blood Diamonds , Shannon K. Murphy

Pepperdine Dispute Resolution Law Journal

In 2003, under an initiative of the United Nations (U.N.), various nations of the world gave life to the Kimberley Process Certification Scheme (KPCS)-a method by which consumers of all levels could know the origin of their diamonds-with the Scheme only certifying those harvested from legal, government-run mines. The Scheme's drafters believed that, if given the choice, consumers would choose to buy diamonds mined legally, with profits flowing to legitimate sources of power. However, the KPCS as it stands is voluntary and lacks the teeth needed to deter its violators. The KPCS lacks a binding arbitration agreement and needs a …

The Proposed U.S. Missile Defense For Europe And The Old Continent's Reaction, Aleksandra Lencznarowicz

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Sarkozy's New Diplomacy: A Reassessment Of The Third Rift In Franco-American Relations, David Drake

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Uk’S Ratification Of The Cisg – An Old Debate Or A New Hope For The Economy Of The Uk On Its Way Out Of The Recession: The Potential Impact Of The Cisg On The Uk’S Sme, Silvia E. Nikolova

Pace International Law Review Online Companion

The main hypothesis of this article is that the Vienna Convention on the International Sale of Goods has the potential to act as a catalyst for the economy of the UK on its way out of the recession and, therefore, should be ratified, as it will strongly affect the development of the SME sector. This hypothesis will be questioned and evaluated throughout the article.

In Part II of the article, the importance of the SMEs for the current economy of the UK will be assessed. Together with Part I, Part II will form the prism through which the remainder of …

Save Our Sharks: Using International Fisheries Law Within Regional Fisheries Management Organizations To Improve Shark Conservation, Stijn Van Osch

Michigan Journal of International Law

Like many fish, sharks are facing unprecedented overfishing. They have been targeted both directly for their fins and caught accidentally (bycaught) in, for instance, tuna fisheries. This has led to collapsing stocks around the world. Overfishing has led to what has been termed a mass extinction among ocean species, and sharks are no exception-they are in fact especially vulnerable. As a result, many species of sharks are now listed on the Red List of the International Union for Conservation of Nature (IUCN). This problem can only be tackled through coordinated, cooperative action by all states. This Note explores one avenue …

What The United States Taught The Commonwealth About Pure Economic Loss: Time To Repay The Favor, Bruce Feldthusen

Pepperdine Law Review

No abstract provided.

International Tobacco Litigation's Evolution As A United States Torts Law Export: To Canada And Beyond?, Richard L. Cupp Jr.

Pepperdine Law Review

In the late 1990’s, the states’ healthcare reimbursement lawsuits against the tobacco industry were settled for approximately $246 billion. In the wake of this enormous settlement, many similar lawsuits were initiated in other nations or by other nations. Most of these early healthcare reimbursement lawsuits failed. However, in 2005, the World Health Organization Framework Convention on Tobacco Control was finalized by over 150 nations, and today has been ratified by 168 nations. The Framework encourages nations to consider tort litigation against tobacco sellers as a way to limit tobacco usage. Canada’s provinces have been particularly aggressive in seeking to use …

Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, Roger P. Alford

Pepperdine Law Review

With the new wave of claims against corporations for human rights violations – particularly in the context of aiding and abetting government abuse – there are unusually difficult problems of joint tortfeasor liability. In many circumstances, one tortfeasor – the corporation – is a deep-pocketed defendant, easily subject to suit, but only marginally involved in the unlawful conduct. Another tortfeasor – the sovereign – is a central player in the unlawful conduct, but, with limited exceptions, is immune from suit under the Foreign Sovereign Immunities Act. A third tortfeasor – the low-level security personnel – accused of actually committing the …

Transfer Pricing: Data Dumps And Comparability — Studies From The U.S., U.K., Canada, And Australia, Richard Thompson Ainsworth, Andrew B. Shact

Faculty Scholarship

Comparability is the heart of transfer pricing. The OECD, U.K., Canadian, Australian, and U.S. transfer pricing rules all echo one another on how critically important the comparability analysis is. Performing this analysis and proving comparability, however, is a demanding exercise.

What makes proving comparability so difficult is that the analysis is two sided. Both controlled and uncontrolled transactions must be thoroughly analyzed. Just as much effort needs to be applied to determine the functions, contract terms, risks and the economic conditions for the unrelated party comparables as is spent on analyzing the related parties (taxpayers).

But there is more to …

An Examination Of The Law, Or Lack Thereof, In Refugee And Displacement Camps, Kelsey Kofford

UC Law SF International Law Review

When people envision refugee and displacement camps, rarely do they conjure up images or symbols of justice. There are no courthouses, no judges, no attorney offices, and no actual law enforcement in their virtual depictions - and with good reason. In reality, there is little to no access to justice in camplife. Refugee and displacement camps are essentially lawless. This Note endeavors to answer why there is no legal infrastructure in camps by examining the rise of the camp model, the law on the books versus the law in action in camps, and some on-the-ground problems that occur and inhibit …

Vertical Dimensions In The Quality Of Law, Bartram Brown

All Faculty Scholarship

No abstract provided.

Immigration And National Security Law: Converging Approaches To State Power, Individual Rights, And Judicial Review, J. Hafetz

ILSA Journal of International & Comparative Law

Since the September 11, 2001 terrorist attacks, national security law has exploded as a field of study.

Disasters And Land Use Law: The Spanish Case In The European Union Legal Framework, Julio Ponce

ILSA Journal of International & Comparative Law

Natural and man-made disasters are a major European worry, due to their increasing frequency and severity, as well as their impact on human life, destruction of economic and social infrastructures, and damage to the environment.

Is News Of "Sovereignty's Death" Exaggerated?, Itzchak Kornfeld

ILSA Journal of International & Comparative Law

Whether sovereignty is alive or dead may not be the appropriate question.

State And Local Regulation Of Immigration: The Need For A Bilateral (Reciprocal) Ratchet, David P. Weber

ILSA Journal of International & Comparative Law

The issue of federal preemption in the field of immigration has been swirling more and more strongly in academia, the courts, and even the public consciousness' ever since De Canas v. Bica was decided in 1976.

The Anti-Shari'a Movement And Oklahoma's Save Our State Amendment-Unconstitutional Discrimination Or Homeland Security?, Robert E. Michael

ILSA Journal of International & Comparative Law

Legislation by statute or state constitutional amendment prohibiting the application in state courts of an ill defined "Shariah Law" and/or "international law" has passed or is in the process in over twenty states.'

Expansive Reach-Useless Guidance: An Introduction To The U.K. Bribery Act 2010, Bruce W. Bean, Emma H. Macguidwin

ILSA Journal of International & Comparative Law

Following two decades of incessant pressure from American diplomats, in 1997, the international Organization for Economic Cooperation and Development (OECD) completed negotiation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.

The Treaty Of Lisbon And Accession Of The European Union To The European Convention On Human Rights, Elizabeth F. Defeis

ILSA Journal of International & Comparative Law

The Treaty of Lisbon, adopted in December 2009, constitutes a major step in the development of the protection of Human Rights in Europe.

Who's Missing? Women With Disabilities In U.N. Security Council Resolution 1325 National Action Plans, Stephanie Ortoleva, Esq.

ILSA Journal of International & Comparative Law

Despite progress made through a series of United Nations Security Council Resolutions (UNSCR), beginning with the groundbreaking UNSCR 1325 in 2000,' to give women a place at the table in post-conflict peace building and reconciliation, women with disabilities are missing and ignored and have not had a role in these processes.

Responsibilty To Protect (R 2p) Comes Of Age? A Sceptic's View, John F. Murphy

ILSA Journal of International & Comparative Law

As a young attorney in the Office of the Legal Adviser of the United States (U.S.) Department of State during the 1960s, I had the privilege and the pleasure of working with Don McHenry, then a young foreign service reserve officer and later U.S. Ambassador and Permanent Representative to the United Nations (U.N.).

Mr. Ban-Tear Down The U.N'S Wall Of Immunity/Impunity (Before A National Court Does)!!, Great L. Rios, Edward P. Flaherty

ILSA Journal of International & Comparative Law

Immunity has been proven to be not only a living anachronism, but one which often leads to impunity for the worst kinds of rights violations.

Moudawan And Women's Rights In Morocco: Balancing National And International Law, Leila Hanafi

ILSA Journal of International & Comparative Law

Morocco's 2004 Moudawana (family code) is undoubtedly a progressive piece of legislation for women in Morocco.

Transnational Surrpgacy And International Human Rights Law, Barbara Stark

ILSA Journal of International & Comparative Law

Surrogacy refers to the process through which a woman intentionally becomes pregnant with a baby that she does not intend to keep.

Rule Of Law In Morocco: A Journey Towards A Better Judiciary Through The Implementation Of The 2011 Constitutional Reforms, Norman L. Greene

ILSA Journal of International & Comparative Law

Judicial reform has historically been an important (but not the sole) component of rule of law reform, a decades old movement affecting the developing world, emerging (or not so emerging) democracies and post- conflict nations, and equally applicable to countries commonly identified as Western, including the United States.