Comparative and Foreign Law Commons^™

Evaluating Imf Crisis Prevention As A Matter Of Global Justice, Frank J. Garcia

ILSA Journal of International & Comparative Law

The previous speaker, Jonathan Fried, masterfully outlined the International Monetary Fund (Fund or IMF)'s recent policy reform efforts, in particular its shift towards crisis prevention, as only an IMF Executive Director could.'

Re-Examining International Responsibility: "Complicity" In The Context Of Human Rights Violations, John Cerone

ILSA Journal of International & Comparative Law

Recent events have focused the attention of international jurists on international responsibility for complicit conduct.

From The United Nations Arms Register To An Arms Trade Treaty-What Role For Delegation And Flexibility?, Cristiane Carneiro

ILSA Journal of International & Comparative Law

The scholarship on conventional disarmament, especially vis-A-vis the trade in conventional weapons, is surprisingly scarce.

Strategy In International Litigation, John Fellas

ILSA Journal of International & Comparative Law

The choice of forum in international litigation-which country's courts will hear the dispute--can be outcome determinative.

The Cards As A Payment Method And As A Financial Service In Spain: The Responsibility System, Immaculada Barral Vinals

ILSA Journal of International & Comparative Law

It is not uncommon to hear credit cards referred to as "plastic money".

Multinational Corporations As Objects And Sources Of Transnational Regulation, Larry Cata Backer

ILSA Journal of International & Comparative Law

It was my great pleasure to participate in the 2007 International Law Weekend organized in New York City by the American Branch of the International Law Association and held at the House of the Association of the Bar of the City of New York on October 25-27, 2007

Beyond Sovereignty? The State After The Failure Of Sovereignty, Eric Engle

ILSA Journal of International & Comparative Law

Sovereign state power, absolute and unlimited, were supposed to guarantee the lives and property of citizens. Instead, states became vectors for mass violence.

A Primer On International Environmental Law: Sustainability As A Principle Of International Law And Custom, Mark S. Blodgett, Richard J. Hunter, Hector R. Lozada

ILSA Journal of International & Comparative Law

International environmental law draws from two important sources: international treaties and conventions' and customary international law.

An Overview Of The Doctrine Of The Piercing Of The Corporate Veil As Applied By Latin American Countries: A U.S. Legal Creation Exported To Civil Law Jurisdictions, Joseph Mauricio Bello

ILSA Journal of International & Comparative Law

Piercing the corporate veil is a doctrine created within the United States (U.S.) common law system.

European And American Issues In Employee Benefits Law Compared, 41 J. Marshall L. Rev. 1189 (2008), Yves Stevens

UIC Law Review

No abstract provided.

Reconsidering The D.C. Circuit’S Proximate Cause Standard For Extraterrotorial Jurisdiction: Precluding The “Globalization” Theory To Promote Global Enforcement, Michelle A. Wyant

Richmond Journal of Global Law & Business

As businesses expanded with the rise of globalization, so did the effects of anticompetitive activity and, in turn, the reach of the U.S. antitrust laws. Though Congress addressed the extraterritorial jurisdiction of the U.S. antitrust laws with its implementation of the Foreign Trade Antitrust Improvement Act (“FTAIA”), the statute only created a three-way circuit split that led the Supreme Court to address the issue and determine that the foreign injury must arise from both foreign anticompetitive activity and the activity’s adverse effects on domestic commerce. The D.C. Circuit further clarified the issue on remand by requiring a proximate cause relationship …

Studying China’S International Finance And Policy: A Speech Given At The University Of Richmond School Of Law, William B. Brown

Richmond Journal of Global Law & Business

Chinese international finance may sound to many of you like a daunting subject. It really is not, but I have to admit it’s not quite intuitive. International finance is a lot like accounting; you have to learn the rules. And on top of that, in this case we have to add the never intuitive issue of Chinese policy-making. I didn’t learn anything about these topics in graduate school but rather in my first job as a CIA economist, over thirty years ago. At that time China published no economic data; it was just sort of a black hole in the …

Just And Efficient Resolution Of Private International Disputes: Israel’S New Theory Of Jurisdiction, Yaad Rotem

Richmond Journal of Global Law & Business

What is the guiding rationale according to which the rules of international jurisdiction to adjudicate private disputes are to be construed? Israeli law has been contemplating this question for some time now, as the traditional territorial theory seems to be on the decline and is therefore unsatisfactory as a basis for modern legal rules. Unfortunately, a thorough effort to choose an alternative theory is still missing. A painful reminder of this current state of affairs was given recently as the Israeli Supreme Court issued, on the very same day, two decisions concerning cases in which a foreign plaintiff, having no …

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

The Survival Of The United States Ethanol Subsidies And Tariff: Are There Further Reasons To Keep Them On The Books?, Yuri De Lima Mantilla

ILSA Journal of International & Comparative Law

On May 21 st, 2008, President George W. Bush vetoed the 2007 Farm Bill claiming that it "continues subsidies for the wealthy" and is inconsistent with the United States (U.S.) "objectives in international trade negotiations."'

The Law Of Recitals In European Community Legislation, Todas Klimas, Jurate Vaiciukaite

ILSA Journal of International & Comparative Law

Recitals, those 'whereas' clauses, appear in contracts as well as legislation, although not all legislation contains recitals; indeed, recitals are 'against' the precepts of certain styles of legislation.

Why We Should Abandon The Balance Metaphor: A New Approach To Counterterrorism Policy, Stuart Macdonald

ILSA Journal of International & Comparative Law

One of the central objectives in counterterrorism policy is commonly said to be to balance the competing demands of security and liberty.

International Court Of Justice, The Republic Of Adova, The State Of Rotania

ILSA Journal of International & Comparative Law

The Republic of Adova ("Adova") and State of Rotania ("Rotania") have submitted by Special Agreement their differences concerning certain criminal proceedings in Adova and Rotania, and transmitted a copy thereof to the Registrar of the International Court of Justice ("I.C.J.") pursuant to article 40(1) of the Statute of the I.C.J. ("Statute")

Prosecuting The President And His Entourage, Jordan J. Paust

ILSA Journal of International & Comparative Law

During his so-called "war on terror," President Bush has authorized and ordered manifest violations of customary and treaty-based international law concerning the detention, transfer, and interrogation of numerous individuals.

The Energy Charter Treaty's Investor Protection Provisions: Potential To Foster Solutions To Global Warming And Promote Sustainable Development, Edna Sussman

ILSA Journal of International & Comparative Law

It is with pleasure that I join my esteemed colleagues on the panel. With the importance of the reliability of energy supply in today's world and the impact of the energy sector on global warming and international security, a review of the only multilateral treaty that deals specifically and exclusively with energy is timely.

The Foreign Corrupt Practices Act, Opic, And The Retreat From Transparency, Blake Puckett

Indiana Journal of Global Legal Studies

This article argues that the current intersection of the Foreign Corrupt Practices Act (FCPA) and the Overseas Private Investment Corporation (OPIC) is turning U.S. investment and aid policy in a direction that neither addresses corruption concerns, nor augments other U.S. foreign policy goals in the Caucasus and Central Asia, and perhaps more globally. The current regulatory system has caused OPIC to structure its investment projects in alternative forms that bypass anti-corruption regulations.W hile these alternatives serve to increase capital in developing economies, the distance they create between OPIC and the end-user fosters a lack of transparency and ultimately corruption. However, …

Regulating Unsettled Issues In Latin America Under The Treaty Powers And The Foreign Commerce Clause, Joanna Doerfel

University of Miami Inter-American Law Review

No abstract provided.

Constitutional Changes, Transitional Justice, And Legitimacy: The Life And Death Of Argentina's "Amnesty" Laws, Jose Sebastian Elias

UC Law SF International Law Review

The article analyzes in-depth the legal and political process through which Argentina came, first, to grant amnesty to former military officers who took part in the repression during the last dictatorship (1976-1983) and then, to nullify those "amnesties" and indict the officers again eighteen years later. The thematic core is the legitimacy (or lack of it) of constitutional changes carried out by these unconventional means, which were the unavoidable consequence of the difficult process of transitional justice in Argentina.

Section I gives an overview of the most salient legal and political facts of the last twenty-five years and poses the …

Legal Research In The Americas: Where To Begin, Robin Schard

University of Miami Inter-American Law Review

No abstract provided.

Corporate Governance In Latin America: A Functional Análisis, Francisco Reyes

University of Miami Inter-American Law Review

No abstract provided.

Inter-American Citator: A Guide To Uniform Citation Of Inter-American Sources For Writers And Practitioners

University of Miami Inter-American Law Review

No abstract provided.

İfujimori Extraditable!: Chilean Supreme Court Sets International Precedent For Human Rights Violations, Megan Haas

University of Miami Inter-American Law Review

No abstract provided.

Equal By Law, Unequal By Caste: The "Untouchable" Condition In Critical Race Perspective, Smita Narula

Elisabeth Haub School of Law Faculty Publications

Caste-based oppression in India lives today in an environment seemingly hostile to its presence: a nation-state that has long been labeled the “world's largest democracy;” a progressive and protective constitution; a system of laws designed to proscribe and punish acts of discrimination on the basis of caste; broad-based programs of affirmative action that include constitutionally mandated reservations or quotas for Dalits, or so-called “untouchables;” a plethora of caste-conscious measures designed to ensure the economic “upliftment” of Dalits; and an aggressive economic liberalization campaign to fuel India's economic growth.

This Article seeks to answer the question of how and why this …

Worldwide Corporate Convergence Within A Pluralistic Business Legal Order: Company Law And The Independent Director System In Contemporary China, Chi-Wei Huang

UC Law SF International Law Review

This article will introduce both the dominant corporate model and corporate ownership structure as well as the model for the most efficient corporate governance system under the New Pluralistic Business Legal Order, as promoted by the proponents of the theory of global convergence of corporate governance. The author discusses how this phenomenon impacts China's corporate governance system during its ongoing economic and legal reforms. The author identifies the path dependencies and other problems the Chinese corporate governance system has been encountering, and suggests measures to address these problems. The article concludes by exploring why the path dependencies are harder to …

The Transatlantic Divergence In Legal Thought: American Law And Economics Vs. German Doctrinalism, Kristoffel Grechenig, Martin Gelter

UC Law SF International Law Review

Economic analysis plays a major role in the American legal discourse, while its position in the German-speaking legal debate remains comparatively limited. In Germany and Austria, a widespread aversion against law and economics can be observed among legal scholars. This article advances an explanation for this divergence on the basis of two main factors. First, American legal realism enjoyed great success, whereas the German freelaw movement failed to leave a lasting impression. While legal realism transformed American legal thought and opened up the discourse to policy arguments, the predominant German legal theory emphasizes the internal coherence of the legal system, …