Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

International Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 3871 - 3900 of 5724

Full-Text Articles in Comparative and Foreign Law

Preemption, Prevention And Anticipatory Self-Defense: New Law Regarding Recourse To Force, Thomas M. Franck Jan 2004

Preemption, Prevention And Anticipatory Self-Defense: New Law Regarding Recourse To Force, Thomas M. Franck

UC Law SF International Law Review

On September 17, 2002, the National Security Strategy was published. This paper outlines the reach of the Strategy, focusing on the extent it creates new ground in asserting a right to use "preemptive" force. Traditional notions of anticipatory self-defense, found in the Caroline Doctrine, have been extended such that the Strategy allows the United States to respond with force to "rogue states before they are able to threaten" an attack. But, who has the right to determine whether a state may someday constitute a threat?

Go to article

Professor Franck's Lament, Abraham D. Sofaer Jan 2004

Professor Franck's Lament, Abraham D. Sofaer

UC Law SF International Law Review

Not only does the National Security Strategy rely on the use of force, but it also advocates other means of achieving security, such as diplomacy and alliances. In contrast to Professor Franck, this paper defends the approach the Bush Administration has taken with regards to the National Security Strategy. The text of the Strategy does not give the United States the power to use force whenever it feel that its superiority is threatened. The U.N. Charter also does not prohibit a state from using force to preserve the integrity of that state.

Go to article

Unipolar Disorder: A European Perspective On U.S. Security Strategy, Diane Marie Amann Jan 2004

Unipolar Disorder: A European Perspective On U.S. Security Strategy, Diane Marie Amann

UC Law SF International Law Review

The publication of the National Security Strategy provoked debate throughout the United States and Europe. This paper examines the Strategy from a European viewpoint; a perspective that prefers dialogue to dictate. By examining the United States' actions through the eyes of Europeans, the United States may better understand its audience, and itself.

Go to article

The Bush Doctrine: Making Or Breaking Customary International Law, Joel R. Paul Jan 2004

The Bush Doctrine: Making Or Breaking Customary International Law, Joel R. Paul

UC Law SF International Law Review

The international legal system operates to minimize violence. This paper examines whether the Bush Doctrine violates or creates international law. If the Bush Doctrine is understood to mean that only the United States may use force preemptively, then it is not creating law; it is merely a unilateral assertion of power. If, on the other hand, all states may use the Bush Doctrine to act to prevent war, then violence is maximized. In order for the Bush Doctrine to be accepted as law, there must be a limiting principle.

Go to article

The Rule-Outcome Paradox, Madness Cascades And The Fog Of Preemption: Seeking The Best Rule For Use Of Force, David D. Caron Jan 2004

The Rule-Outcome Paradox, Madness Cascades And The Fog Of Preemption: Seeking The Best Rule For Use Of Force, David D. Caron

UC Law SF International Law Review

The National Security Strategy emphasizes outcomes as opposed to process. This paper discusses the differences between those who value process and those who seek immediate answers to a dangerous situation presented before them, particularly in relation to the Bush Administration's actions in Iraq. Those who value process speak in terms of the law and look to see how actions will effect the future. Those who value outcomes will emphasize the reality of the moment. These viewpoints divide the reactions to the Bush Administration's threat prevention use of force doctrine.

Go to article

Is Capitalism Un-American - An Analysis Of Corporate Inversions And Expatriation Proposals In Response, Eric Tak Han Jan 2004

Is Capitalism Un-American - An Analysis Of Corporate Inversions And Expatriation Proposals In Response, Eric Tak Han

UC Law SF International Law Review

Reincorporating companies have been called "Benedict Arnold corporations" by many U.S. politicians. However, reincorporation (corporate inversion) reduces a corporation's costs, and therefore, maximizes its profits. This note discusses the tax benefits corporations receive if they reincorporate outside of the United States, and suggests that this reincorporation does not cause a loss of jobs; rather, the decision not to reincorporate may lead to a loss of jobs in the United States, because these domestic corporations cannot compete on the global market. This note looks at the U.S. tax system by comparing two corporations, Tyco International Inc., a company that did reincorporate, …

Go to article

Venezuela: How A Hydrocarbons Law Crippled An Oil Giant, Stacy Rentner Jan 2004

Venezuela: How A Hydrocarbons Law Crippled An Oil Giant, Stacy Rentner

UC Law SF International Law Review

In November 2001, Venezuelan president Hugo Chavez Frias unilaterally enacted the new Decreto con Fuerza de Ley Organica de Hidrocarburos (Hydrocarbons Law), which completely restructured the oil industry, the driving force of Venezuela's economy, for the first time in nearly 60 years. This single-handed restructuring of the country's central industry outraged Venezuelans and proved to be the final blow to Chavez's already waning popularity. In an attempt to convince Chavez to step down from the presidency, Venezuelan oil workers initiated a strike, which was accompanied by a national work stoppage in all areas of the economy. February 2003 marked the …

Go to article

Forum Selection For International Dispute Resolution In China - Chinese Courts Vs. Cietac, William Heye Jan 2004

Forum Selection For International Dispute Resolution In China - Chinese Courts Vs. Cietac, William Heye

UC Law SF International Law Review

The large volume of foreign-invested entities in China has created a need for reliable dispute resolution. Chinese law does not allow for foreign courts or foreign arbitration; as a result, foreign-invested entities must chose between the Chinese courts and the Chinese International Economic Arbitration Commission. However, many foreign parties are skeptical of the Chinese courts, and have chosen arbitration. This note suggests that not only may a satisfactory outcome for a foreign party be possible in the Chinese courts, but that the Chinese courts may be a better option for foreign-invested entities seeking to prevail in a suit against a …

Go to article

Introduction: Brief Of Amici Curiae, William S. Dodge Jan 2004

Introduction: Brief Of Amici Curiae, William S. Dodge

UC Law SF International Law Review

No abstract provided.

Go to article

Brief Of Professors Of Federal Jurisdiction And Legal History As Amici Curiae In Support Of Respondents, Nicholas W. Van Aelstyn, William S. Dodge Jan 2004

Brief Of Professors Of Federal Jurisdiction And Legal History As Amici Curiae In Support Of Respondents, Nicholas W. Van Aelstyn, William S. Dodge

UC Law SF International Law Review

No abstract provided.

Go to article

The Innovative German Approach To Consumer Debt Relief: Revolutionary Changes In German Law, And Surprising Lessons For The United States, 24 Nw. J. Int'l L. & Bus. 257 (2004), Jason Kilborn Jan 2004

The Innovative German Approach To Consumer Debt Relief: Revolutionary Changes In German Law, And Surprising Lessons For The United States, 24 Nw. J. Int'l L. & Bus. 257 (2004), Jason Kilborn

UIC Law Open Access Faculty Scholarship

No abstract provided.

Go to article

Forum Non Conveniens: "Availability" And "Adequacy" Of Latin American Fora From A Comparative Perspective, Alejandro M. Garro Jan 2004

Forum Non Conveniens: "Availability" And "Adequacy" Of Latin American Fora From A Comparative Perspective, Alejandro M. Garro

University of Miami Inter-American Law Review

No abstract provided.

Go to article

Comparative Legal Responses To Terrorism: Lessons From Europe, Jeremie J. Wattellier Jan 2004

Comparative Legal Responses To Terrorism: Lessons From Europe, Jeremie J. Wattellier

UC Law SF International Law Review

After September 11, 2001, the U.S. Congress and President initiated legal changes to combat terrorism. In the late 20th century, Europe also experienced terrorist attacks on its soil and initiated legal adaptations. Europe's legal history with terrorism shows that harsh procedure-stripping rules do not stop terrorism and come at great costs in civil liberties and legal clout. More procedural safeguards would bring the U.S. legal response back in line with its traditional legal values while still providing a way to fight terrorism. This note investigates the European legal response to its terrorist attacks-measuring successes and gauging costs where possible-and evaluates …

Go to article

Trade Treaty Threats And Sub-National Sovereignty: Multilateral Trade Treaties And Their Negligible Impact On State Laws, David I. Spector Jan 2004

Trade Treaty Threats And Sub-National Sovereignty: Multilateral Trade Treaties And Their Negligible Impact On State Laws, David I. Spector

UC Law SF International Law Review

Advocates of free trade extol the virtues of trade without borders, while opponents decry its abysmal consequences. While debates about the benefits and detriments of free trade seem never-ending, there has been comparatively little discussion of the actual impact of international trade obligations on sub-national components of federal governments. Although the relationship between America's trade treaties and the policies of state governments has become a more visible issue in international trade, relatively little is known about how these international trade obligations really shape state law-making among the fifty U.S. states. This Note examines how international trade treaties have actually impacted …

Go to article

Introduction 21st Annual Scholarly Programs: The Future Of Force: Waging War In The 21st Century Jan 2004

Introduction 21st Annual Scholarly Programs: The Future Of Force: Waging War In The 21st Century

UC Law SF International Law Review

This year's 21st Annual Scholarly Programs featured two events that brought leaders in the field together to discuss the legal bases for waging war in the 21st Century. The first event, the Scholars Forum, featured Professor Thomas M. Franck, who discussed his paper, Preemption, Prevention and Anticipatory Self-Defense: New Law Regarding Recourse to Force? Professor Diane Marie Amann, Professor David D. Caron, Professor Joel R. Paul and Judge Abraham D. Sofaer responded to Professor Franck's paper and offered their own perspectives. Professor Naomi Roht-Arriaza served as the mediator. The second event, the Rudolph B. Schlesinger Memorial Lecture, featured Michael J. …

Go to article

The Eu Regulation On Insolvency Proceedings: The Need For A Modified Universal Approach, Jully Pae Jan 2004

The Eu Regulation On Insolvency Proceedings: The Need For A Modified Universal Approach, Jully Pae

UC Law SF International Law Review

The growth of cross-border insolvencies has increased with the growth of international business activity. As courts of multiple jurisdictions are implicated, conflict-of-law problems surface. This note examines different theories which purport to overcome these conflict-of-law problems. This note also proposes that a modified universalism theory, as opposed to the dominant universalism theory, is the best solution to the problems which arise from the cross-border insolvencies.

Go to article

Extracting Oil From Turmoil: The Iraqi Oil Industry And Its Role As A Promising Future Player In The Global Energy Market, Ryan Frei Jan 2004

Extracting Oil From Turmoil: The Iraqi Oil Industry And Its Role As A Promising Future Player In The Global Energy Market, Ryan Frei

Richmond Journal of Global Law & Business

No abstract provided.

Go to article

Book Review. Journal Of The National Human Rights Commission, India, Jayanth K. Krishnan Jan 2004

Book Review. Journal Of The National Human Rights Commission, India, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.

Go to article

Development Decision Making And The Content Of International Development Law, Daniel D. Bradlow Jan 2004

Development Decision Making And The Content Of International Development Law, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

International development law deals with the rights and duties of states and other actors in the development process. As the consensus view of the development process disintegrated during the 1970s and 1980s, the agreement on the content of international development law also began to break down. Today there are two competing idealized views of development. The first, the traditional view, maintains that development is about economic growth, which can be distinguished from other social, cultural, environmental, and political development issues in society. The second, the modern view, maintains that development is an integrated process of change involving intertwined economic, social, …

Go to article

Justice Scalia On The Use Of Foreign Law In Constitutional Interpretation: Unidirectional Monologue Or Co-Constitutive Dialogue, Melissa A. Waters Jan 2004

Justice Scalia On The Use Of Foreign Law In Constitutional Interpretation: Unidirectional Monologue Or Co-Constitutive Dialogue, Melissa A. Waters

Scholarship@WashULaw

This short essay explores Justice Antonin Scalia's conservative alternative approach to recent efforts by other Justices to utilize foreign and international legal sources in the Supreme Court's jurisprudence. It discusses Justice Scalia's writings and remarks over the course of the 2003-2004 Supreme Court Term: On the one hand, Justice Scalia consistently denounced the use of foreign legal sources in constitutional interpretation, both in his concurring opinion in Sosa v. Alvarez-Machain and in his keynote address at the Annual Meeting of the American Society of International Law. On the other hand, in his dissent in Olympic Airways v. Husain, Justice Scalia …

Go to article

Developing Internationally Uniform Liability Principles For Harms From Genetically Modified Organisms , Ryan C. Hansen Nov 2003

Developing Internationally Uniform Liability Principles For Harms From Genetically Modified Organisms , Ryan C. Hansen

ExpressO

This paper analyzes the current legal principles regarding liabillity for harms from genetically modified organisms (GMOs) in the U.S. and E.U., as well as the various international policies and mechanisms affecting GMOs

Go to article

Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner Nov 2003

Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner

All Faculty Scholarship

Addresses the issue of standard terms in click-wrap and shrink-wrap licenses generally and in some detail how the laws of Taiwan, Germany, the European Union, the United States and Japan.

Go to article

Benin’S Constitutional Court: An Institutional Model For Enforcing Human Rights, Anna Rotman Nov 2003

Benin’S Constitutional Court: An Institutional Model For Enforcing Human Rights, Anna Rotman

ExpressO

This piece is based on field research the author conducted in Benin, West Africa during January 2003. The paper explores how the Court operates as a hybrid institution, by combining the competences traditionally associated with a constitutional court with the mandate of a national human rights commission. The paper argues that the Beninese Constitutional Court could provide an institutional model for guaranteeing human rights through a state-sponsored institution.

Go to article

Belgium's Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam Nov 2003

Belgium's Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam

Cardozo Law Review

No abstract provided.

Go to article

Trial Of The Accused Taliban And Al Qaeda Operatives Captured In Afghanistan And Detained On A U.S. Military Base In Cuba, Jaime Jackson Oct 2003

Trial Of The Accused Taliban And Al Qaeda Operatives Captured In Afghanistan And Detained On A U.S. Military Base In Cuba, Jaime Jackson

ExpressO

A timely piece proposing solutions for issues certain to be raised in the upcoming trials of the accused Taliban and Al Qaeda operatives captured in Afghanistan and detained on a U.S. military base in Cuba. In the article, I begin by examining the history and jurisdiction of Article I and Article III courts and then address the history and structure of the Al Qaeda and Taliban regimes. After considering the Constitution, federal statutes, politics, and geographical limitations, I conclude that Al Qaeda detainees should be tried in Article III courts under terrorism statutes and Taliban detainees, as military combatants, should …

Go to article

“All Aboard!” An Overview Of The Continuing Debate Regarding The Enforceability Of Dispute Resolution Provisions Of Filipino Seamen Employment Contracts, Richard V. Blystone Oct 2003

“All Aboard!” An Overview Of The Continuing Debate Regarding The Enforceability Of Dispute Resolution Provisions Of Filipino Seamen Employment Contracts, Richard V. Blystone

ExpressO

No abstract provided.

Go to article

A Gradual Shift In U.S. Privacy Laws Towards A Comprehensive Regime , Kamaal R. Zaidi Oct 2003

A Gradual Shift In U.S. Privacy Laws Towards A Comprehensive Regime , Kamaal R. Zaidi

ExpressO

This paper examines the current trends in a predominantly sectoral U.S. privacy regime that appears to be becoming more comprehensive in nature with respect to data privacy protection. This trend has been greatly attributed to the European Union's comprehensive position on data privacy protection. This paper investigates the growth in U.S. data privacy protection in relation to federal and state legislative history, federal administrative procedures, and private industry efforts. This shift from sectoral to comprehensive regimes is significant in the backdrop of U.S-EU trade relations.

Go to article

Usa Patriot Act: Anti-Money Laundering And Terrorist Financing Legislation In The U.S. And Europe Since September 11, Alicia L. Rouse Oct 2003

Usa Patriot Act: Anti-Money Laundering And Terrorist Financing Legislation In The U.S. And Europe Since September 11, Alicia L. Rouse

University of Miami International and Comparative Law Review

No abstract provided.

Go to article

Christopher Kozlow And John Sullivan, Jane's Facility Security Handbook (Jane's Information Group 2000)., Richard Gonzalez Oct 2003

Christopher Kozlow And John Sullivan, Jane's Facility Security Handbook (Jane's Information Group 2000)., Richard Gonzalez

University of Miami International and Comparative Law Review

No abstract provided.

Go to article

Terrorism And The Law (Yonah Alexander And Edgar H. Brenner, Eds., Transnational Publishers 2001). , Fara Gold Oct 2003

Terrorism And The Law (Yonah Alexander And Edgar H. Brenner, Eds., Transnational Publishers 2001). , Fara Gold

University of Miami International and Comparative Law Review

No abstract provided.

Go to article

First Prev Next Last