Comparative and Foreign Law Commons^™

Development Of Ukrainian Real Property And Mortgage Law: The American Perspective, Zhanna Bulkina

San Diego International Law Journal

Modern Ukrainian commercial law started to develop following the break-up of the Soviet Union in August 1991 and the reemergence of Ukraine as an independent democratic state. As a result of the break-up, in 1991 the new state of Ukraine inherited the jurisprudence, institutions and government of the former Ukrainian Soviet Socialist Republic. While Ukraine quickly shed its Soviet past by changing the communist names of streets and institutions, the transition was not as easy when it came to substantive changes in Ukrainian jurisprudence and legal thinking. Ukraine needed to develop its own system of law to establish an open …

The Political Economy Of Hong Kong's Open Skies Legal Regime: An Empirical And Theoretical Exploration, Miron Mushkat, Roda Mushkat

San Diego International Law Journal

Hong Kong has generally followed a libertarian path on the external economic front, maintaining a widely open trade and investment platform. Its policy regarding the now well-established "open skies" system qualifies as something of an aberration, albeit obviously not to the same extent as its far more inward-looking immigration strategies. This pattern can effectively be placed in the appropriate theoretical context and the territory’s experience in that respect may offer relevant analytical insights into the evolution of international legal regimes, particularly those with a distinct regulatory focus and essentially bilateral in nature.

Quebec's Module D'Enregistrement Des Ventes (Mev): Fighting The Zapper, Phantomware And Tax Fraud With Technology, Richard Thompson Ainsworth

Faculty Scholarship

On January 28, 2008 the Quebec Minister of Revenue, Jean-Marc Fournier, announced that by late 2009 the MRQ will begin testing a device, the module d'enregistrement des ventes (MEV) that is projected to substantially reduce tax fraud in the restaurant sector. By 2010 or 2011 MEVs will be mandatory in all Quebec restaurants, where they will assure accuracy and retention of business records within electronic cash registers (ECRs).

This paper moves beyond a discussion of the variety of sales suppression programs in use - zappers and phantom-ware. The concern here is on enforcement efforts, particularly the MEV. The intent is …

The Future Relationship Between A New Adminstration And The International Court Of Justice, Thomas M. Franck

ILSA Journal of International & Comparative Law

If the democrats recapture the White House and win half a dozen more seats in the Senate, it will be time to rethink and redevelop the U.S. relationship with international law.

Current And Future Issues In International Space Law, Professor Henry Hertzfeld

ILSA Journal of International & Comparative Law

Space law is a relatively new area of law and is based mainly on a set of United Nations (U.N.) Treaties negotiated during the 1960s and 1970s.

Transparency And Public Participation In Investor-State Arbitration, Daniel Barstow Magraw, Niranjali Manel Amerasinghe

ILSA Journal of International & Comparative Law

The roles of transparency and public participation have become important issues in investor-state arbitrations.

The European Magnet And The U.S. Centrifuge: Ten Selected Private International Law Developments Of 2008, Ronald A. Brand

ILSA Journal of International & Comparative Law

This article began as a short presentation for the 2008 International Law Weekend in New York City.

The U.S. Approach To Regionalism: Recent Past And Future, C. O'Neal Taylor

ILSA Journal of International & Comparative Law

The "new regionalism"' of the last decade shows a turn away from regional groupings (such as the North American Free Trade Agreement (NAFTA), 2 the Southern Common Market (MERCOSUR) 3 and Free Trade of the Americas (FTAA) 4 ) towards the negotiation and implementation of more bilateral arrangements.

The U.N. Human Rights Council: What Would Eleanor Roosevelt Say?, John Carey

ILSA Journal of International & Comparative Law

The prominent role played by Mrs. Roosevelt in the creation of the United Nations' (U.N.) human rights apparatus is described by William vanden Heuvel in the Fall issue of The InterDependent (Vol. 6 No. 3).' After quoting Henry Kissinger as styling her "one of the great human beings of our time," vanden Heuvel calls her "tough and resolute" as well as "fearless in speaking truth to power."

Historical American Erspectives On International Law, Harlan Grant Cohen

ILSA Journal of International & Comparative Law

The topic of this year's International Law Weekend, "The United States and International Law: Legal Traditions and Future Possibilities," cries out for additional historical perspective.

The U.N. Human Rights Council: Is Its Mandate Well-Designed?, Patrick J. Flood

ILSA Journal of International & Comparative Law

This essay is about the design of the mandate of the United Nations Human Rights Council, which was hammered out after a year of negotiations within the General Assembly and then another year within the newly-created Council itself

The Trade In Antiquities: Heritage For Sale?, Lucille A. Roussin

ILSA Journal of International & Comparative Law

It was an automobile accident on Italy's Autostrada del Sole-the highway of the Sun-that led to the largest restitution, ever, of stolen antiquities from United States museums to the Republic of Italy.

National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman

ILSA Journal of International & Comparative Law

In October 2008, the author moderated a panel discussion addressing the utility of establishing a new national security court system for administering the detention and trial of terrorist suspects.

National Security And The U.N. Convention On The Law Of The Sea: U.S. Coast Guard Perspectives, Dr. John T. Oliver

ILSA Journal of International & Comparative Law

The world's oceans cover over seventy percent of the globe and contain ninety-seven percent of the world's water.

Accountability In Bretton Woods, Karen Hudes, Sabine Schlemmer-Schulte

ILSA Journal of International & Comparative Law

Under the Marshall Plan after World War H, the United States gave $13 billion to rebuild western Europe. But some historians argue that the United States' most important legacy was its role in establishing the World Bank and the International Monetary Fund (IMF), named the Bretton Woods institutions, after the site of the conference in 1944 in New Hampshire.

"Legal Jihad": How Islamist Lawfare Tactics Are Targeting Free Speech, Brooke Goldstein, Aaron Eitan Meyer

ILSA Journal of International & Comparative Law

Lawfare is usually defined as the use of the law as a weapon of war' or the pursuit of strategic aims through aggressive legal maneuvers.

Remarks Regarding The Iraqi High Tribunal's "Anfal" Trial: Speech Delivered At International Law Weekend, Jennifer Trahan

ILSA Journal of International & Comparative Law

My remarks today will focus on the second trial of the Iraqi High Tribunal (the IHT or Tribunal), the so-called "Anfal" trial.

Comments On The Reforms To The Mexican Energy Laws Of 2008, Antonio Riva Palacio Lavin

ILSA Journal of International & Comparative Law

A strong discussion has taken place in Mexico since the beginning of this millennium concerning the legal reform of the energy sector, particularly the Mexican government's oil company, Petr6leos Mexicanos (Pemex).

A Summary Of Legal System Amalgamation: An Introduction To Judge Patrick L. Robinson's Observations On The Hybrid Nature Of The Rules Of Procedure And Evidence Of The International Criminal Tribunal For The Former Yugoslavia, Jane E. Cross

ILSA Journal of International & Comparative Law

On 14 February 2009, His Excellency Judge Patrick L. Robinson of Jamaica, President of the International Criminal Tribunal for the Former Yugoslavia (ICTY), spoke at the Nova Southeastern University (NSU) Shepard Broad Law Center, for Black History Month.

The United States And International Criminal Tribunals: An Historical Analysis, Harry M. Rhea

ILSA Journal of International & Comparative Law

The relationship between the United States and international criminal tribunals has lasted for almost 100 years at least.

Universal Jurisdiction And The Case Of Belgium: A Critucal Assessment, Roozbeh (Rudy) B. Baker

ILSA Journal of International & Comparative Law

Praised in some quarters as a useful tool for bringing criminal perpetrators to justice, criticized by others as a threat to state sovereignty, universal jurisdiction has certainly emerged as a heated topic within international criminal law.

The International Criminal Court: Former President George W. Bush And World Opinion, Donald D.A Schaefer

ILSA Journal of International & Comparative Law

The International Criminal Court (Court or ICC) came into force on July 1, 2002.1

China's Labor Law Evolution: Towards A New Frontier, Monique Garcia

ILSA Journal of International & Comparative Law

The People's Republic of China (P.R.C.) is moving towards becoming the biggest economy in the world.

Current United States Credit Default Swap Regulatory Initiatives: A New World Standard Or Just A Ploy?, Nathaniel G. Dutt

ILSA Journal of International & Comparative Law

In recent years, the global financial market has seen an abundant increase in the use of credit derivatives; more specifically, the use of credit default swaps (CDSs).

The Peace Palace The Hague, The Netherlands, The Republic Of Alicanto, The Commonwealth Of Ravisia

ILSA Journal of International & Comparative Law

Pursuant to the Joint Notification and Compromis concluded on 30 September 2008, including the Corrections and Clarifications agreed to therein, at Chicago, Illinois, United States of America between the Republic of Alicanto and the Commonwealth of Ravisia (collectively "the Parties"), and in accordance with Article 40(1) of the Statute of the International Court of Justice, the Parties hereby submit to this Court its dispute concerning Operation Provide Shelter and the differences arising between Alicanto and Ravisia

The Peace Palace The Hague, The Netherlands, The Republic Of Alicanto, The Commonwealth Of Ravisia

ILSA Journal of International & Comparative Law

The Commonwealth of Ravisia and the Republic of Alicanto have agreed to submit this dispute to the International Court of Justice pursuant to article 40(1) of the Statute of the International Court of Justice ('Statute') and in accordance with the Compromis notified to the Court on 15 September 2006. Pursuant to article 36(1) of the Statute, the Court has jurisdiction to decide all matters referred to it for decision.

Core Rules Of International Environmental Law, Andrea Laura Mackielo

ILSA Journal of International & Comparative Law

International environmental law has been marked by two contradictory trends.

The Universal Declaration And South African Constitutional Law: A Response To Justice Arthur Chaskalson, Peter E. Quint

Faculty Scholarship

No abstract provided.

60 Years Of The Basic Law And Its Interpretation: An American Perspective, Peter E. Quint

Faculty Scholarship

In commemoration of the 60th anniversary of the adoption of the German Basic Law (Constitution) , the author discusses certain aspects of the Basic Law, in comparison with the Constitution of the United States, and examines important developments in the jurisprudence if the German Constitutional Court interpreting the Basic Law.

The Importance Of Teaching Law And The Reinforcement Of The Judiciary System In Haiti, Jomanas Eustache

UC Law SF International Law Review

This article is a reflection on the inseparable binome "Law and Justice." The concepts of Law and Justice are so intertwined that the absence or weakness of either can lead to impunity and finally to a lack of peace in society. Unfortunately, some behavior, misconduct, or practices, are mainly facilitated by the malfunction of the judicial system. This can be seen all too clearly in the situation in Haiti. This article highlights the urgency of the situation and the need for all interested sectors and individuals to act swiftly, legally, and with firmness to ensure and strengthen the basis of …