Comparative and Foreign Law Commons^™

The Preliminary Reference Procedure Of The Court Of Justice Of The European Communities: A Model For The Icj, Alicia Farrell Miller

UC Law SF International Law Review

When nations fail to observe their international obligations it undermines both respect for and future compliance with international law. In the so-called vicious cycle, the more the law is flouted, the less legitimate it becomes and the less states and individuals feel bound by it. The United States Supreme Court in Medellin recently exemplified this vicious cycle by spurning the authority of the International Court of Justice ("ICJ") and holding that a decision of the ICJ is not self-executing and thus does not constitute binding federal law. In contrast, the Court of Justice of the European Communities (formerly known as …

Global Issues In Freedom Of Speech And Religion: Cases And Materials, Leslie Gielow Jacobs, Alan Brownstein

McGeorge School of Law Teaching Materials

Brownstein and Jacobs's Global Issues in Freedom of Speech and Religion: Cases and Materials is a companion volume to existing materials. Designed to assist professors in introducing issues of international and comparative law, this title is ideal for use in educational courses that address:

• The First Amendment
• Law and religion
• Individual rights
• Other topics dealing with free speech and religious liberty

In order to make companion materials understandable and accessible to students as well as to professors who have not taught the materials before, this title:

• Includes case excerpts, helpful background materials, and notes
• Is set out in a structure …

Trade Sanctions, Human Rights And Multinational Corporations: The Eu-Acp Context, Olufemi Amao

UC Law SF International Law Review

This paper examines the human rights dimension of trade agreements between the European Union ("EU") and the African Caribbean and Pacific ("ACP") group of countries and their relevance to the control of multinational corporations ("MNCs"). It notes that even though MNCs are the major beneficiaries of the agreements, they have not been prominent in the discourse. The paper explores the foundation for the inclusion of human rights issues in trade agreements, and argues in favour of their legitimacy. The study contends that human rights clauses in the agreements should be triggered where there are human rights violations in the territory …

Consideration Of The Protection Of Persons In The Event Of Disasters By The International Law Commission, Arnold Pronto

ILSA Journal of International & Comparative Law

Recent disasters of epic proportions, such as the Asian Tsunami of 2004, and the accompanying response by the international community, have given rise to renewed interest in the legal aspects of disaster relief activities.

Divided By Common Language: 'Capture' Theories In Gatt/Wto And The Communicative Impasse, Dongsheng Zang

UC Law SF International Law Review

Since the 1999 ministerial conference in Seattle, the WTO has been plagued by a series of collapses in trade negotiations: 2001 in Doha, 2003 in Cancun, 2006 in Hong Kong, and most recently, July 30th, 2008 in Geneva. How to understand the stalemates? What is behind the communicative impasse between the developing countries and the developed countries? This article examines a key conceptual framework in the discourse on trade policy: "capture" theories. It tracks two groups of "capture" theories: first, "capture" theories during the 1980s GATT which set the foundation for the WTO, and second, "capture" theories espoused by developing …

Nation-Building In The Penumbra: Notes From A Liminal State, Monica Eppinger

UC Law SF International Law Review

No abstract provided.

A Critical Guide To The Iraqi High Tribunal's Anfal Judgement: Genocide Against The Kurds, Jennifer Trahan

Michigan Journal of International Law

In the Anfal trial, the Iraqi High Tribunal (IHT or the Tribunal) in Baghdad convicted former Iraqi high officials of genocide, crimes against humanity, and war crimes. Unlike its predecessor-the Dujail trial-the Anfal trial included the presentation of a high volume of documentary and eye-witness evidence. This evidence clearly revealed the existence of a genocidal campaign by the former Iraqi government and military that eliminated an estimated 182,000 Iraqi Kurds in 1988, as part of the eight-phased "Anfal campaign" (the Anfal). Relying on this and other evidence, judges in the Anfal Trial Chamber explained fairly persuasively how genocide, crimes against …

Traditional Knowledge: Are We Closer To The Answer(S)? The Potential Role Of Geographical Indictions, Daniel Gervais

ILSA Journal of International & Comparative Law

The debate concerning the protection of, and access to, "traditional knowledge ' 2 has been going on for some time.

The Interaction Of Legal Systems In The Work Of The International Criminal Tribunal For The Former Yugoslavia, H.E. Judge Patrick Robinson

ILSA Journal of International & Comparative Law

The International Criminal Tribunal for the Former Yugoslavia (Tribunal) where I work is a court with a mandate to try individuals for the most serious violations of international humanitarian law committed during the conflict that engulfed Yugoslavia in the 1990s.

Panel Iv - "Can The West Learn From The Rest?" - The Chinese Legal Order's Hybrid Modernity, Nicholas Calcina Howson

UC Law SF International Law Review

No abstract provided.

Changing The Current Policy Towards Spousal Abuse: A Proposal For A New Model Inspired By Jewish Law, Yuval Sinai, Benjamin Shmueli

UC Law SF International Law Review

Abuse in general, and within an ongoing, intimate relationship with a spouse in particular, is a scourge that the legal system must uproot. This paper examines two models that differ in their approach to the issue of spousal abuse (physical, sexual, and emotional): modern secular common law, as represented by two legal systems-American and Israeli law-and ancient, religious Jewish law. Thus, the paper offers an opportunity to see and analyze the dialogue between an ancient, religious legal system and its modern, secular counterparts, and the possible-perhaps surprising--contribution of the former to the latter.

The two models, secular common law and …

A Law Of No Gods, No Masters - Developing And Defending A Participatory Legal System, Matt Halling

UC Law SF International Law Review

This note develops and analyzes a new legal vision consistent with recent activist literature about a participatory society. A participatory society (in this note) consists of collectively owned property, a decentralized state, and attempts to maximize citizen participation in politics. Rather than nation states, society is structured as a federation of councils deliberating and coordinating with each other to solve political issues. Participatory society's structure demands a "participatory law" be developed to manage it, and this note attempts to develop the overarching features of such a system. Once the basic legal model is outlined, the article then looks for comparisons …

The End Of Peremptory Challenges: A Call For Change Through Comparative Analysis, Amy Wilson

UC Law SF International Law Review

Lawyers use peremptory challenges to create partial juries. United States Supreme Court precedent has shown the Court's willingness to limit some blatantly discriminatory uses of the right to peremptory challenges. However, the use of peremptory challenges in jury voir dire is inherently discriminatory. Merely limiting the use of peremptory challenges is not sufficient. This note discusses how jury selection is treated in the United Kingdom. The analysis is specifically focused on the abolition of peremptory challenges in the United Kingdom and uses the experience there to argue for an abolition of their use in the United States as well.

Addressing Judicial Activism In The Indian Supreme Court: Towards An Evolved Debate, Madhav Khosla

UC Law SF International Law Review

The Indian Supreme Court has invited a great deal of interest for its alleged activism and the role that it has begun to play in Indian governance. Recent years have been witness to substantial debate on the Court's functioning, with scholars positing views and raising concerns with considerable passion. This paper analyzes the judicial activism discourse in the Indian Supreme Court by focusing on the contributions of Professor Upendra Baxi. It argues that, despite the attention the Court has received on the question of judicial activism, the debate in this area has, for the most part, failed to engage with …

The Influences Of The West On The 1993 Russian Constitution, Victoria Schwartz

UC Law SF International Law Review

This article explores the influences of the West on the text of the 1993 Russian Constitution. Although previous scholarship has identified Western influences on the Russian Constitution, these works do not trace how or why the particular transplant occurred. This article has a descriptive and analytical, but not normative goal of filling that gap by explaining the transplants that occurred, and why and how they were made. Among its conclusions, the article finds that the choices made by the framers of the 1993 Russian Constitution can often be explained by the contemporaneous political situation within Russia. Part of the uniqueness …

Divine Judgment: Judicial Review Of Religious Legal Systems In India And Israel, Josh Goodman

UC Law SF International Law Review

This paper analyzes and compares how two democratic states, India and Israel, incorporate discrete areas of religious law into their secular legal systems. As religion has become an increasingly important political force in India and Israel, both countries have turned to constitutionalism and to civil courts to manage the role of religious law within the democratic system. This development represents the convergence of two global trends: an expansion in the power of courts and the growth of religious politics. This paper examines how the conflict of secular and religious legal norms has played out in the Israeli and Indian civil …

Reassessing The Dialogic Possibilities Of Weak-Form Bills Of Rights, Christine Bateup

UC Law SF International Law Review

In recent years, weak-form bills of rights have generated much excitement in contemporary constitutional scholarship because they are believed to create a new balance between parliamentary and judicial supremacy based on inter-branch "dialogue" between courts and legislatures. Few scholars, however, have examined the foundational question of whether judges and legislators can actually be expected to behave in a way that realizes the dialogic potential of weak-form instruments. This Article takes a new approach to this question, applying the insights of positive theory to engage in a comprehensive assessment of the behavior we can realistically expect of courts and legislatures in …

Mere Words: The Enemy Entity Designation Of The Gaza Strip, Carey James

UC Law SF International Law Review

Israel has occupied the West Bank and Gaza Strip since June of 1967. Despite the withdrawal of Israeli military forces and the dismantling of Israeli settlements in 2005, Gaza is still generally considered occupied territory as a matter of international law. In September 2007, Israel declared the Gaza Strip a "hostile territory." This note examines the probable aims and legal effects of the hostile territory designation.

China's Anti-Monopoly Law: Insights From U.S. And Eu Precedents On Abuse Of Dominance And Ip Exemption Provisions, Yin Zhou

UC Law SF International Law Review

Since opening to the global market in 1978, China has enjoyed consistent and rapid economic growth for the past three decades. Such liberalization and economic growth created a need for regulations to maintain a smoothly functioning market. By the mid-1990s, the need for a set of antitrust laws became apparent in light of the rise in domestic consumerism and investments from large foreign corporations. After thirteen years of drafting and revisions, China passed its Anti-Monopoly Law ("AML") on August 30, 2007. The AML came into effect a year later on August 1, 2008, but many companies started seeking legal advice …

What The Rest Think Of The West - Legal Dimensions, Laura Nader

UC Law SF International Law Review

No abstract provided.

Law Across Borders: What Can The United States Learn From Japan, Eric A. Feldman

UC Law SF International Law Review

No abstract provided.

Dream Palaces Of Law: Western Constructions Of The Muslim Legal World, Haider Ala Hamoudi

UC Law SF International Law Review

No abstract provided.

The Exceptional Nature Of Terrorism: The United States And Middle Eastern Legal Systems, Wadie E. Said

UC Law SF International Law Review

No abstract provided.

La Costumbre Como Fuente Del Derecho: Sistema Juridico Argentino Y Comparado, German Savastano

ILSA Journal of International & Comparative Law

El objetivo del presente articulo es reflexionar sobre la costumbre como fuente del derecho en el sistema juridico argentino y comparado.

U.S. Policies Towards And In The U.N Security Council, Jose E. Alvarez

ILSA Journal of International & Comparative Law

For at least twelve years, Security Council reformers have proposed many ways to enlarge the size and diversify the composition of that body.

The Living Constitution Of Ancient Athens: A Comparative Perspective On The Originalism Debate, 42 J. Marshall L. Rev. 463 (2009), Mark J. Sundahl

UIC Law Review

No abstract provided.

Commentary: International Prosecution Of Heads Of State For Genocide, War Crimes, And Crimes Against Humanity, 43 J. Marshall L. Rev. Xxv (2009), Hans Corell

UIC Law Review

No abstract provided.

The Law And The Host Of The Canterbury Tales, 43 J. Marshall L. Rev. 51 (2009), Frederick B. Jonassen

UIC Law Review

No abstract provided.

Desarrollo Immobilliario En Cuba: Presente Y Futuro, Antonio R. Zamora

ILSA Journal of International & Comparative Law

Durante los filtimos veinte afios el gobierno de Cuba se ha enfrentado con dos importantes retos que amenazaron seriamente su supervivencia.

Custom As A Source Of Law: Argentinean And Comparative Legal Systems, German Savastano

ILSA Journal of International & Comparative Law

The purpose of this article is to reflect on custom as a source of law in the Argentinean and comparative legal systems.