Comparative and Foreign Law Commons^™

The 2005 Philip C. Jessup International Lawmoot Court Competition. The Case Concerning The Vessel The Mairi Maru, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

The Republic of Appollonia and the Kingdom of Raglan submit their differences concerning The Mairi Maru to this Court by Special Agreement, dated May 15, 2004, pursuant to Article 40(1) of the Court's Statute.

Sosa V. Alvarez-Machain: Extraterritorial Abduction And The Rights Of Individuals Under International Law, Jeffrey Loan

ILSA Journal of International & Comparative Law

Although the growth of extradition treaties has assisted in the prosecution of suspects who are not present in the state seeking their prosecution, there will always be situations where extradition is not available or plausible.

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

Globalization has changed the way global society addresses common and global problems. While there is much talk about aiming at sustainable development, there are no real clear definitions of sustainable development and the term remains susceptible to much misuse.

Global Responses To Terrorism And National Insecurity: Ensuring Security, Development And Human Rights, C. Raj Kumar

ILSA Journal of International & Comparative Law

The terrorist attacks in London 2 and Egypt' and other parts of the world have once again reinforced the attention of the international community on the problem of "terrorism."

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

"While academic debates about the possibility of objective truth and falsehood are often rarified to the point of absurdity, Rwanda demonstrated that the question is a matter of life and death."'

Comercio Justo Y Etiquetaje Etico En El Sector De Ropa, Textil, Y Calzado: El Caso De Blue Jeans (Jeans Azules), Onno Kuik

ILSA Journal of International & Comparative Law

Etiquetas del consumidor son bastante comunes en la industria de ropa, textiles y calzado.

"We Are The World" - Or Are We? The United States' Conflicting Views On The Use Of International Law And Foreign Legal Decisions, Hadar Harris

Human Rights Brief

No abstract provided.

A Question Of Justice: The Wto, Africa, And Countermeasures For Breaches Of International Trade, 38 J. Marshall L. Rev. 1153 (2005), Nsongurua J. Udombana

UIC Law Review

No abstract provided.

Legal Frameworks For Economic Transition In Iraq – Occupation Under The Law Of War Vs. Global Governance Under The Law Of Peace, Antonio F. Perez

Scholarly Articles

After over a decade as the ruling conventional wisdom under the rubric of the so-called Washington Consensus, the prospect of reconstruction and development through fiscal austerity, privatization and liberalization of markets is under considerable attack today from many quarters. One common theme of these challenges-to what has been received wisdom-focuses not on the technical characteristics of development, but rather its connection to political development.

The ‘Wall’ Decisions In Legal And Political Context, Geoffrey R. Watson

Scholarly Articles

No abstract provided.

Union Responses To The Challenges Of An Increasingly Globalized Economy, Stephen B. Moldof

Richmond Journal of Global Law & Business

No abstract provided.

Problems With Sharing The Pirates’ Booty: An Analysis Of Trips, The Copyright Divide Between The United States And China & Two Potential Solutions, Manesh Jiten Shah

Richmond Journal of Global Law & Business

No abstract provided.

Labor Standards In Recent U.S. Trade Agreements, William (Bud) Clatanoff

Richmond Journal of Global Law & Business

No abstract provided.

Political Developments In Post-Eyadema Togo: A Critical Analysis, Kwadwo Appiagyei-Atua

Human Rights Brief

No abstract provided.

Foreign Private Plaintiffs, Global Conspiracies And The Extraterritorial Application Of U.S. Antitrust Law, Wolfgang Wurmnest

UC Law SF International Law Review

No abstract provided.

Sealand Ho - Music Pirates, Data Havens, And The Future Of International Copyright Law, Kevin Fayle

UC Law SF International Law Review

No abstract provided.

Informal Rules, Transactions Costs, And The Failure Of The "Takings" Law In China, Chenglin Liu

UC Law SF International Law Review

Since the 1990s, China has witnessed large-scale demolition projects aimed at making room for commercial development. Commercial developers have been reluctant to provide residents with compensation and relocation arrangements, resulting in tension between residents and developers. To strike a balance between economic development and private property protection, lawmakers passed several laws to regulate government takings. In March 2004, a clause was added to Article 13 of the Constitution, requiring the government to compensate private owners when their property is taken for public use. The author concludes that widespread misuse of public purpose takings and forced evictions indicate that these new …

Going Toe To Toe: President Barak's And Chief Justice Rehnquist's Theories Of Judicial Activism, Amos N. Guiora, Erin M. Page

UC Law SF International Law Review

A critical component of a liberal democracy's counterterrorism efforts is the role of that nation's judiciary. The concept of an unfettered executive, unrestrained by courts and legislatures alike, is detrimental to a nation attempting to balance national security and individual rights. The authors analyze whether, and how, the courts in the United States and Israel truly review executive decisions regarding armed conflict by analyzing decisions of the two Supreme Courts and the late Chief Justice William Rehnquist's and President Barak's writings.

The German Parental-Leave System As A Model For California: Creating A Race To The Top Within A Federal System, Dirk Larsen

UC Law SF International Law Review

When the U.S. Congress was drafting the Family and Medical Leave Act of 1993, it looked to Germany as an example of a country with generous family-leave policies as well as a strong economy. Due to opposition from the business sector and reluctance to regulate family life, the resulting legislation was much weaker than its German counterpart. Since that time, Germany's social order proved less self-sustaining than previously thought. The author compares the relative merits, successes, and failures of Germany's and California's parental-leave policies and suggests that California could stand to benefit by adopting modified aspects of the German model …

The Role Of U.S. Foreign Policy In Establishing Jurisdiction: Should Foreign Policy Be An Exclusively Federal Concern, Benjamin R. Ehrhart

UC Law SF International Law Review

No abstract provided.

Criminal Responsibility For Non-State Civilian Superiors Lacking De Jure Authority: A Comparative Review Of The Doctrine Of Superior Responsibility And Parallel Doctrines In National Criminal Laws, Avi Singh

UC Law SF International Law Review

No abstract provided.

A Brief History Of The Anti-Globalization Movement, Adam Warner

University of Miami International and Comparative Law Review

No abstract provided.

The Legality Of Torture As A Means To An End V. The Illegality Of Torture As A Violation Of Jus Cogens Norms Under Customary International Law, Stephanie L. Williams

University of Miami International and Comparative Law Review

No abstract provided.

How The Border Crossed Us: Filling The Gap Between Plume V. Seward And The Dispossession Of Mexican Landowners In California After 1848, 52 Clev. St. L. Rev. 297 (2005), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

No abstract provided.

Introduction To The 2005 Rudolf B. Schlesinger Lecture On International And Comparative Law, Richard M. Buxbaum

UC Law SF International Law Review

No abstract provided.

French And U.S. Modes Of Educational Regulation Facing Modernity, Denis Meuret

Indiana Journal of Global Legal Studies

Globalization and Education Symposium

Programs For Democratic Citizenship In Mexico's Ministry Of Education: Local Appropriations Of Global Cultural Flows, Bradley A. U. Levinson

Indiana Journal of Global Legal Studies

Globalization and Education Symposium

Reviving Constitutionalism In Iraq: Key Provisions Of The Transitional Administrative Law, Feisal Amin Istrabadi

Articles by Maurer Faculty

No abstract provided.

Private Complainants And International Organizations: A Comparative Study Of The Independent Inspection Mechanisms In International Financial Institutions, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

This paper is a comparative study of the independent inspection mechanisms in international financial institutions. These mechanisms, which are an important development in the accountability of international organizations, allow private complainants who believe that they have been harmed or threatened with harm by the failure of these institutions to act in accordance with their own operational rules and procedures to have their complaints investigated by an independent body.

The paper is divided into three parts. In the first part I discuss the structure, functions and procedures of the World Bank's Inspection Panel, the International Finance Corporation's Compliance Advisor Ombudsman, the …

The Islamic Roots Of Democracy, Ali Iyad Yakub

University of Miami International and Comparative Law Review

No abstract provided.