Comparative and Foreign Law Commons^™

Relative Sovereignty Of The Twenty First Century, Ivan Simonovic

UC Law SF International Law Review

The quality of state sovereignty in the contemporary world, both in internal and external relations, has fundamentally changed. Sovereignty of the state in international relations is changing from a system of international relations based on concentration of power in states alone into a system of power-sharing and balance between state and non-state actors. The principle of noninterference in the "internal affairs of a state" is being challenged by the international community's belief in its "responsibility to protect" the world's citizens from persecution, large-scale human rights abuses, and other sufferings. However rational, the process of increasing power-sharing between states, international organizations, …

International Law And The Internet: An Ill-Suited Match - Case Note On Uejf & Licra V. Yahoo! Inc., Caitlin T. Murphy

UC Law SF International Law Review

Internet users, legal scholars, and international observers have been predicting a clash over ideas on the Internet for quite some time. The truly global nature of the medium, the uncertain status of Internet jurisdiction, and the fact that international laws about speech are divergent have created a sense that a collision of ideology and practical legal concerns was imminent. These predictions were realized in May, 2000 when various human rights groups in France filed suit against the American internet giant Yahoo! Inc. over the posting and selling of Nazi paraphernalia on American Web sites that French users can access. This …

Nobody's Perfect: Proximate Cause In American And Jewish Law, Steven F. Friedell

UC Law SF International Law Review

Although it may seem counterintuitive, wrongdoers are not liable for most of the damage they cause. The law leaves most of the burden of torts on the victims because it would be neither just nor practical to hold culpable defendants liable for all the harm they cause. The difficult task for any legal system is to define the criteria that determine the limits of liability and to prescribe the procedures for applying those criteria.

This Article will explore the problem in both the American and Jewish legal systems and suggest ways in which the American system can be reformed. First, …

The Sovereignty Continuum And Conflict Resolution, Dennis Cusack

UC Law SF International Law Review

The history of Tibet's relations with China is itself an interesting study in notions of sovereignty, autonomy and "suzerainty," the label the British gave to their view of Tibet's status at the turn of the last century. Under the 1988 Strasbourg Proposal, the Dalai Lama offered to negotiate a status for Tibet under which Tibet would surrender its right to formal sovereignty, defer to China on matters of foreign relations and defense, but retain control over all domestic matters. This article offers examples and patterns of cases in which conflicts over sovereignty have been successfully resolved through non-violent conflict resolution.

“Democratizing” Globalization: Practicing The Policies Of Cultural Inclusion, 10 Cardozo J. Int'l & Comp. L. 217 (2002), Doris E. Long

UIC Law Open Access Faculty Scholarship

No abstract provided.

When Cows Have Wings: An Analysis Of The Oecd's Tax Haven Work As It Relates To Globalization, Sovereignty And Privacy, 35 J. Marshall L. Rev. 163 (2002), Kimberly Carlson

UIC Law Review

No abstract provided.

Comparative Jurisprudence On Participation Offenses: Joint Criminal Enterprise, Aiding, And Abetting In Jurisdictions For The International Criminal Tribunal For Rwanda, The International Criminal Tribunal For Yugoslavia, England (And Wales), Scotland, South Africa, Australia, New Zealand, Canada, And The United States, Cwru Law

War Crimes Memoranda

No abstract provided.

Can't Pay Your Debts, Mate? A Comparison Of The Australian And American Personal Bankruptcy Systems, 18 Bankr. Dev. J. 297 (2002), Paul B. Lewis

UIC Law Open Access Faculty Scholarship

No abstract provided.

"Unitorrial" Marks And The Global Economy, 1 J. Marshall Rev. Intell. Prop. L. 191 (2002), Doris E. Long

UIC Review of Intellectual Property Law

The early decades of the 21st Century may well become known in the annals of intellectual property development as the period when “everything old is new again.” There is one ancient doctrine that has not yet enjoyed a similar renaissance, despite its clear application to today’s new, global, digital economy. It is the old (and currently discredited) view that trademarks and other commercial symbols are universal in nature. First given credence in early US cases regarding the importation of grey market, or parallel imports, the doctrine of universality was gradually replaced by a view of trademarks as creatures of nation …

International Trade And Labor: Leveling Up Or Down, 35 J. Marshall L. Rev. 227 (2002), Don Turner, Willard A. Workman, Ira Arlook

UIC Law Review

No abstract provided.

Relative Normativity: Challenging The Sovereignty Norm Through Human Rights Litigation, William J. Aceves

UC Law SF International Law Review

Since 1945, two developments in human rights law have challenged the dominion of the sovereignty norm. First, the international community has recognized the existence of competing human rights norms, some of which now compete with the sovereignty norm for primacy. Second, a diverse group of institutions has applied these norms to challenge the sovereignty norm by imposing civil and criminal liability on government officials when they commit human rights violations. This essay examines how the sovereignty norm has been challenged through human rights litigation. Two recent human rights cases. Filartiga v. Pena-Irala and Regina v. Bow Street Metropolitan Stipendiary Magistrate, …

A Proposal To Use Alternative Dispute Resolution As A Foundation To Build An Independent Global Cyberlaw Jurisdiction Using Business To Consumer Transactions As A Model, Victoria C. Crawford

UC Law SF International Law Review

Alternative Dispute Resolution ("ADR") has traditionally operated on the outskirts of the law as an alternative or supplement to traditional court constructs. ADR is typically described as operating in the shadow of the law and certainly not as the foundation for it. The uniqueness of the internet has the potential to reverse this traditional relationship. This paper suggests that online ADR techniques could be used as a foundation upon which to build an independently existing global cyberlaw jurisdiction for business to consumer transactions.

Sovereignty, Territoriality, And The Rule Of Law, Joan Fitzpatrick

UC Law SF International Law Review

On November 13, 2001, President George W. Bush issued a Military Order in which he claimed power as Commander in Chief to detain indefinitely and to try, by ad hoc military commissions, persons designated by him as international terrorists. This Order represents a stunning claim to absolutist power and a rejection of any meaningful legal constraints on the treatment of the captives. The Order and the "War on Terrorism" on which it is premised challenge the most commonly accepted principles of post-Westphalian sovereignty: exclusive control over territory, noninterference, and equality among states.

The legal premise for the Order is the …

The International Convention On The Elimination Of All Forms Of Discrimination Against Women: A Comparison Of Its Implementation And The Role Of Non-Governmental Organisations In The United Kingdom And Hong Kong, Carole J. Petersen, Harriet Samuels

UC Law SF International Law Review

Although the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW") was implemented in Hong Kong a full ten years after its enactment in the United Kingdom, evidence suggests that it is having a more practical impact in Hong Kong than in the United Kingdom largely because Hong Kong women's organizations are making more use of CEDAW in their current lobbying efforts. This article introduces CEDAW and its enforcement mechanisms, and compares its implementation in the two jurisdictions. The authors analyze the extent to which CEDAW is considered in public policy making, the extent to which the …

Book Review. Cross-Border Collateral: Legal Risk And The Conflict Of Laws. Edited By Richard Potok., Hannah Buxbaum

Articles by Maurer Faculty

No abstract provided.

Corporatization And Privatization: A Chinese Perspective, Yuwa Wei

Northwestern Journal of International Law & Business

Although the enterprise reform in China has its own causes, it conforms to the current movement of commercializing public enterprises in a global sense. Thus, over the course of its enterprise reform, China has the advantage of drawing lessons and gaining wisdom from the experience of other jurisdictions. Consequently, China may achieve two goals, commercializing its public sector and standardizing the practice of its corporatized enterprises, at the same time. Meanwhile, the Chinese enterprise reform will provide an interesting case for comparative study, since the country is pioneering a different path in the process of corporatizing and privatizing its public …

Trade-Related Aspects Of Intellectual Property Rights And Biotechnology: European Aspects, John Linarelli

Scholarly Works

There does not seem to be a widely held view among WTO members of the proper role and scope of TRIPS. One of the main reasons why TRIPS is controversial is because it allocates rights in innovation, some would say beyond the bounds of what a trade agreement should seek to do. The lines of the debate are often conceptualized in terms of 'developing' versus 'developed' country differences. One of the major areas of disagreement is how TRIPS deals with rights in biotechnology. Some developing countries are relatively rich in biodiversity and traditional knowledge but poor in capital and scientific …

A Common Private Law For Europe, Alan Watson

Scholarly Works

A satisfactory private law for Europe is not primarily to be sought for in the most common solutions, themselves the result of borrowing. Nor in established rules, themselves the result of longevity, and lack of governmental incentive in innovating. Nor should it be sought in intermediate positions of various mixed systems, themselves the results of the features just above described. Rather it is to be found in the need for authority. This means that a common law for Europe requires the acceptance of a uniform system of adjudicating differences within a standard framework of the necessary sources of law. Authority …

The Republican Constitution Of 1963: The Supreme Court And Federalism In Nigeria, Akin Alao

University of Miami International and Comparative Law Review

No abstract provided.

Student Article: Sierra Leone's "Conflict Diamonds": The Legacy Of Imperial Mining Laws And Policy, Ian Martinez

University of Miami International and Comparative Law Review

No abstract provided.

New Trends In African Human Rights Law: Prospects Of An African Court Of Human Rights, Yemi Akinseye-George

University of Miami International and Comparative Law Review

No abstract provided.

Student Article: Market Forces And The Rule Of Law As A Means Of Improving The Quality Of Life In Sub-Saharan Africa: Ghana, A Case Of Critical Analysis, Paul Sergius Koku

University of Miami International and Comparative Law Review

No abstract provided.

Introduction, Ambassador Richard Bogosian

University of Miami International and Comparative Law Review

No abstract provided.

Trade With Africa: A Great Opportunity For Miami-Dade County, Miami-Dade Mayor Alex Penelas

University of Miami International and Comparative Law Review

No abstract provided.

Introduction, Tony Okonmah

University of Miami International and Comparative Law Review

No abstract provided.

Trade Liberalization: Savior Or Scourge Of Sadc Economies?, Ben Chigara

University of Miami International and Comparative Law Review

No abstract provided.

Prosecution Of War Crimes By The International Criminal Tribunal For Rwanda, Dr. Alex Obote Odora

University of Miami International and Comparative Law Review

No abstract provided.

International Law And Uganda's Involvement In The Democratic Republic Of The Congo (Droc), Phillip Apuuli Kasaija

University of Miami International and Comparative Law Review

No abstract provided.

The Depiction Of Law In African Literary Texts, Emmanuel Yewah

University of Miami International and Comparative Law Review

No abstract provided.

The Implementation Of Ecowas' New Protocol And Security Council Resolution 1270 In Sierra Leone: New Developments In Regional Intervention, Ademola Abass

University of Miami International and Comparative Law Review

No abstract provided.