Comparative and Foreign Law Commons^™

El Costo Oculto Del Comercio Libre: El Impacto De La Organizacion Mundial De Comercio Y Los E.E.U.U. Sobre Las Obligaciones A La Soberania Del Derecho Ambiental De Los E.E.U.U, Jorge Cavros

ILSA Journal of International & Comparative Law

EstA bien establecido que el comercio internacional es la parte integral de una econornia creciente interdependiente mundial.

Not Good Enough: India’S Freedom Of Information Bill Has Great Potential To Overhaul The Ills Of Secrecy And Inaccessibility But There Are Inadequacies That Need To Be Addressed, Richard N. Winfield, Sherrell Evans

Human Rights Brief

No abstract provided.

The Disappearance Of The Ultra Vires Doctrine In Greater China: Harmonized Legislative Action Or (Simply) An Accident Of History, Lutz-Christian Wolff

Northwestern Journal of International Law & Business

In the context of company law, the term "ultra vires" is normally used to describe acts that are beyond the scope of the powers of a corporation. Rules concerning ultra vires acts of companies have changed in recent years in mainland China, Taiwan and the Hong Kong Special Administrative Region ("Hong Kong"). It appears that in all of these parts of Greater China, the legal frameworks are now rather similar to each other and seem to resemble the rules that are applied in the Macau Special Administrative Region ("Macau"). This, of course, provokes questions: what are the reasons for these …

The International Art Auction Industry: Has Competition Tarnished Its Finish, Brenna Adler

Northwestern Journal of International Law & Business

I argue that a stronger, more cohesive international regulation specially tailored to the auction industry is required in order to keep auction houses from committing unlawful behavior. Auction houses should not be considered merely businesses. Rather, special regulations are needed--regulations that take into account the unique goods that auction houses sell. Part I of this comment will describe auctioneers' duties to sellers under the law. I will compare and contrast the laws of the United States, the Netherlands, and France and focus on an American case that discusses the breach of an auctioneer's duty to the seller. Part II will …

Crackdown On Money Laundering: A Comparative Analysis Of The Feasibility And Effectiveness Of Domestic And Multilateral Policy Reforms, Kathleen A. Lacey, Barbara Crutchfield George

Northwestern Journal of International Law & Business

This is a uniquely opportune time for anti-money laundering initiatives and policy reform to occur. Since the terrorist attacks in the United States in September, 2001, security agencies throughout the world have rushed to follow leads that may prove that Osama bin Laden financed the attack with massive amounts of laundered money. Greater awareness of the harmful effects of money laundering, and public and governmental concerns regarding reverse-money laundering by terrorists, has resulted in a surge of attention directed toward anti-money laundering efforts. Consequently, financial institutions are under increasing pressure to comply with existing anti-money laundering regulations by implementing internal …

Foreigners At The Gate: Foreign Direct Investment Regulations & Dispute Resolution Mechanisms In The People’S Republic Of China, George O. White Iii

Richmond Journal of Global Law & Business

The elevation of law over politics is very new in China and the extent to which it is to be taken seriously is not always clear to the Chinese involved. The Chinese official and the Chinese citizen are part of a political structure in which the Party’s will and policies have been the most effective law… Laws and regulations have to be understood in this wider context of a society in which the formal legal position is only one consideration and still often not the most important.

Isla Panel Oct. 18, 2003, At Loyola University New Orleans-Panel On History Of International Tribunals Prior To Nuremberg: Selective History Of International Tribunals And Efforts Prior To Nuremberg, Jordan J. Paust

ILSA Journal of International & Comparative Law

The history of attempts to create international criminal tribunals for prose- cution of international crimes includes attention to the responsibility of heads of state, other public officials, and private persons for violations of treaties and customary international law and, thus, nonimmunity of heads of state and other governmental actors.

International Law Association Panel Discussion On "The Holocaust As Catalyst For International Justice", Abraham B. Krieger

ILSA Journal of International & Comparative Law

I first wish to thank Prof. Nunes, Director of the Institute on the Holocaust and the Law and Moderator of this panel, for the opportunity to serve on this distinguished panel.

Taxonomies Of International Peacekeeping: An Alternative Narrative, Ralph Wilde

ILSA Journal of International & Comparative Law

The taxonomies of "peacekeeping" utilized within academic and policy discourse provide a framework for comparison across (usually United Nations -conducted) peace operations.

Teaching International Law To Undergraduates And Other Non-Legal Audiences: Practical Suggestions For Pedagogical Approaches, Howard S. Schiffman

ILSA Journal of International & Comparative Law

Unquestionably, there is growing interest in the subject of international law at several educational levels and among a broad constituency of students. This is due to a variety of factors.

Dissecting The Lawfulness Of United States Foreign Policy: Classroom Debates As Pedagogical Devices, Christopher C. Joyner

ILSA Journal of International & Comparative Law

Simulations can be used as educational exercises that enable students in the classroom to appreciate better the difficulties and nuances of legal issues affecting international relations.

A Semiotic Approach To A Legal Definition Of Terrorism, Susan Tiefenbrun

ILSA Journal of International & Comparative Law

It is hard to believe that a word like "terrorism," which is used so frequently these days in different contexts and in casual, colloquial, political, and legal discourses, does not have a universally-accepted definition.'

A New Liberal Trade Policy Foundation, Hal S. Shapiro

ILSA Journal of International & Comparative Law

With the enactment of Trade Promotion Authority legislation in August of 2002' and a lackluster performance by Democrats in the November elections that followed, 2 a profound question looms over the left wing of the American body politic, a question that has attracted all too little attention to date: Has the time come for a new liberal approach to international trade and globalization?

How Can We Really Protect National Security?, Curtis F. Doebbler

ILSA Journal of International & Comparative Law

National Security has been defined in a variety of ways. According to some scientists, the prevention of AIDS is a matter of national security.

Agencies For Purposes Of Section 911 Of The Internal Revenue Code: The Foreign Earned Income Exclusion Survives 2003 Controversial Proposal To Repeal, Jorge L. Riera

ILSA Journal of International & Comparative Law

The United States, for over three-quarters of a century, has maintained a foreign trade policy concerning American citizens working abroad that provides for the foreign earned income exclusion.

King Arthur In A Yankee Court: The United States Supreme Court's Use Of European Law In Lawrence V. Texas, J. Andrew Atkinson

ILSA Journal of International & Comparative Law

In July 2003, the United States Supreme Court ruled in a six to three decision' that a state statute proscribing "deviate sexual intercourse with another individual of the same sex ' 2 violated the United States Constitution.

A Model War Crimes Court: Sierra Leone, Nancy Kaymar Stafford

ILSA Journal of International & Comparative Law

Is it possible that the perpetrators of an atrocity so heinous it was code- named "Spare No Living Thing" could not be brought to justice? The Govern- ment of Sierra Leone said no!

2003 Philip C. Jessup International Law Moot Court Competition International Court Of Justice, Moirah Sanchez, Carlos Hurtado, Anneliese Fleckenstein, Jose Gregorio Rojas

ILSA Journal of International & Comparative Law

This dispute arises from the Dysfuntian civil war between Restonian and Cascadian militias, resulting in the creation of Reston (Respondent)-a developing State-and Cascadia (not party to the case).

The Legality Of The United States War On Terror: Is Article 51 A Legitimate Vehicle For The War In Afghanistan Or Just A Blanket To Cover-Up International War Crimes?, Matthew Scott King

ILSA Journal of International & Comparative Law

On September 11, 2001, a network of terrorists hijacked four commercial airliners and crashed them into the World Trade Center and Pentagon, killing and injuring thousands of Americans, as the world watched in shock and disbelief.

The Threat Of Article 23 To Civil Liberties In The Hong Kong Special Administrative Region, Inbal Sansani

Human Rights Brief

No abstract provided.

Out Of The Crooked Timber Of Humanity: The Conflict Between South Africa's Truth And Reconciliation Commission And International Human Rights Norms Regarding Effective Remedies, Sherrie L. Russell-Brown

UC Law SF International Law Review

Judicial review in the United States is a strong and effective remedy. However, it is a limited remedy because the courts act only when asked and because courts have developed an entire jurisprudence of reasons why they cannot hear cases. For past violations there is no constitutional remedy; and there is no constitutional obligation upon Congress, or upon the States, to provide remedies, or to compensate victims for violations of their rights.

In contrast to the U.S. Constitution, various comprehensive human rights and regional human rights treaties explicitly include, in some form, the right to a remedy for violations of …

Declaring War On The Japanese Constitution: Japan's Right To Military Sovereignty And The United States' Right To Military Presence In Japan, Derek Van Hoften

UC Law SF International Law Review

An analysis of the Japanese military and its relationship with the United States military necessarily involves an analysis of historical events, legal issues and international law. Specifically, it involves a detailed examination of the United States' post-war occupation of Japan and the new U.S.-drafted Japanese constitution that followed; of the intricacies of that constitution, including its renunciation of the right to belligerency or to maintenance of armed forces; of internal and external pressures to amend or reinterpret that constitution; of practical realities such as diplomacy, self defense and economic growth; of the legitimacy of a document called a constitution, for …

The European Union V. The North Atlantic Treaty Organization: Estonia's Conflicting Interests As A Party To The International Criminal Court, Barbi Appelquist

UC Law SF International Law Review

The United States has requested that states party to the ICC sign agreements-referred to as Article 98 treatiesexempting U.S. citizens from ICC jurisdiction. The EU has opposed Article 98 treaties on the grounds that they threaten the legitimacy of the ICC. This note evaluates the conflicting political pressure exerted on Estonia to either sign or refrain from signing an Article 98 treaty. Part One summarizes the theory of transplantation and how Estonia's relationships with the EU, NATO and the ICC have affected Estonia's international legal obligations and diplomatic options. Part Two analyzes Estonia's relations with the United States, NATO and …

Enforcing Arms Control Agreements By Military Force: Iraq And The 800-Pound Gorilla, Davis Brown

UC Law SF International Law Review

Despite Iraq's complete disdain for international law, the community of States, acting in accordance with international law, had allowed the Ba'ath regime to remain in power. Iraq therefore enjoyed the benefits of the principles of sovereign equality, non-interference with internal affairs, and, for the most part, non-use of force, without shouldering any of the responsibilities that come with the privilege of recognition as a State. This article begins with a presentation of a new approach to jus ad bellum which takes just war theory to the next level, where force is used as a remedy to a grave injury caused …

Reining In The American Litigator: The New Role Of American Judges, Richard L. Marcus

UC Law SF International Law Review

The American lawyer has long seemed unique in the world-almost a cowboy figure doing justice against the odds. The American judge, on the other hand, has remained a background figure, rarely taking the initiative and serving instead as a passive, impartial umpire in the contest of the lawyers. During the last half-century, however, the latitude accorded the American lawyer has increasingly been reined in by American judges. Although there has been resistance to this trend, it shows no signs of abating. This paper begins with a very general sketch of the role of attorneys in U.S. society and government, and …

Roles Of Judges And Attorneys Under The Non-Sanction Scheme In Japanese Civil Procedure, Koichi Miki

UC Law SF International Law Review

In many jurisdictions, the roles of judges and attorneys in modern civil procedure are becoming multi-faceted and, accordingly, more and more complex. This paper outlines the Japanese situation, focusing on the most recent reform of the Japanese Code of Civil Procedure (the New Code), which occurred in 1996. The reform introduced several innovative devices, none of which contained sanction provisions for implementation or enforcement of their legal effect. The inclination towards non-sanction schemes of this kind reflects the recent trend in reforms. The non-sanction scheme inevitably has an influence on the roles of judges and attorneys. Therefore, it is necessary …

The Multiple Roles Of Judges And Attorneys In Modern Civil Litigation, Astrid Stadler

UC Law SF International Law Review

In contrast to the U.S. adversary system, the great influence of the judge on the conduct of litigation in continental Europe, especially in Germany, is based upon a different understanding of the relationship between the state and its citizens. Based upon historical experience, especially under German law, judges have great constitutionally-based independence. The German Civil Procedure Rules Act had as its goals the reform of the German civil procedure remedy system, the development of a more consumer-friendly, efficient and transparent civil procedure, the encouragement of faster trials and the increase of court-directed settlements. It is still too early for a …

Justice For Some - U.S. Efforts Under Article 98 To Escape The Jurisdiction Of The International Criminal Court, Cosmos Eubany

UC Law SF International Law Review

In April 2002, ten countries ratified the Rome Statute and deposited their instruments with the United Nations. These actions brought the International Criminal Court into force with over sixty ratifications. A month later, the United States declared that it no longer intended to pursue ratification of the treaty and asked to remove its signature from the statute. The United States then launched a campaign to ensure that its nationals would not fall within the jurisdiction of the Court. To ensure that the ICC does not gain jurisdiction over its nationals under any circumstance, the United States is currently seeking "non-surrender" …

American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner

All Faculty Scholarship

Law faculties in Japan are asking whether and how they should remake themselves to become law schools. One basic issue has been framed in terms of whether such programs should be professional or general. One Japanese scholar put it pointedly: "[a] major issue of the proposed reform is whether Japan should adopt an American model law school, i.e., professional education at the graduate level, while essentially doing away with the traditional Japanese method of teaching law at university." American law schools are seen as having as their fundamental goal "to provide the training and education required for becoming an effective …

The Professional In Legal Education: Foreign Perspectives, James Maxeiner

All Faculty Scholarship

Japan is about to change its system of legal education. In April 2004 Japan will introduce law schools. Law schools are to occupy an intermediary place between the present undergraduate faculties of law and the national Legal Training and Research Institute. The law faculties are to continue to offer general undergraduate education in law, while the law schools in combination with the national Institute are to provide professional legal education. A principal goal of the change is to produce more lawyers. Law schools are charged with providing "practical education especially for fostering legal professionals." But just what is professional legal …