Comparative and Foreign Law Commons^™

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

ILSA Journal of International & Comparative Law

This virtual haiku of war comes from a fellow named Josep Sonah, whom a Boston Globe report described as a nineteen-year-old veteran of the Sierra Leone civil war.

Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law?, Michael P. Scharf

ILSA Journal of International & Comparative Law

The problem of defining "terrorism" has vexed the international community for years.

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

ILSA Journal of International & Comparative Law

No abstract provided.

The Road To Recognition And Application Of The Fundamental Constitutional Right To Marry Of Sexual Minorities In The United States, The Netherlands, And Hungary: A Comparative Legal Study, Marilyn Sanchez-Osorio

ILSA Journal of International & Comparative Law

The scope of this work is to shed some light on the vigorously debated and delicate subject of same-sex marriages, as well as to review how some countries have reached the point of recognition and application of the legal rights that homosexual individuals have within this global society.

Introduction: Regional Integration In North America And Europe: Lessons About Civil Rights And Equal Citizenship, Kevin Johnson

University of Miami International and Comparative Law Review

No abstract provided.

Introduction: Being Individuals: A Comparative Look At Relationships, Gender And The Public/Private Dichotomy, Aniella Gonzalez

University of Miami International and Comparative Law Review

No abstract provided.

Student Article: Tourism In Developing Countries - Panacea Or Poison?, Christine Gudaitis

University of Miami International and Comparative Law Review

No abstract provided.

Free Movement Of Persons In The European Union, National Borders And Legal Reforms: The Principle Of Non-Discrimination Based On Nationality (Article 12 Ect), Ana Salinas De Frias

University of Miami International and Comparative Law Review

No abstract provided.

Género Y Derechos Fundamentales En Europa: Evolución Reciente De La Discriminación Positiva En El Ambito Laboral Y Electoral, Angel Rodriguez-Vergara Díaz

University of Miami International and Comparative Law Review

No abstract provided.

The Changing Labor Markets Of The Western Hemisphere: Labor Issues Relating To The Ftaa, Ann C. Hodges

Richmond Journal of Global Law & Business

No abstract provided.

An Oasis Or Just A Mirage: The Jericho Casino And The Future Of The Israeli-Palestinian Peace Process, Edward B. Miller

Richmond Journal of Global Law & Business

More than seven years have passed since the signing of the historic peace agreement between Israel and the Palestine Liberation Organization (“P.L.O.”). While the final borders and powers of a Palestinian State are still being discussed by the parties to the agreement, the fact of Palestinian autonomy is an irreversible reality. As such, the Israeli military occupation of the West Bank and the Gaza Strip has slowly been giving way to a self-governing Palestinian body which now administers most of the territories and nearly all of the Palestinian who reside therein.

Introduction: Hispanismo As Leverage: Latcrit Questions Spain's Motives, Angelia Padin

University of Miami International and Comparative Law Review

No abstract provided.

Lessons From The Ngo Campaign Against The Second Review Of The World Bank Inspection Panel: A Participant's Perspective, Daniel D. Bradlow

ILSA Journal of International & Comparative Law

This case study of the Non-Governmental Organization (NGO) campaign against the second review of the World Bank's Inspection Panel is intended as an example of the impact international civil society can have on international financial institutions (IFIs).

New Legislation In Germany Concerning Same-Sex Unions, Stephen Ross Levitt

ILSA Journal of International & Comparative Law

Various forms of legal recognition have been given to same-sex spousal relations in many nations of the European Union.

The International Criminal Tribunals: Crime And Punishment In The International Arena, Gabrielle Kirk Mcdonald

ILSA Journal of International & Comparative Law

The International Criminal Tribunals for the former Yugoslavia and for Rwanda have come a long way since their establishment in 1993 and 1994, respectively.

Civil Society At The Wto: The Illusion Of Inclusion?, Jeffrey L. Dunoff

ILSA Journal of International & Comparative Law

In this brief essay, I want to link our panel's focus on civil society-and related issues of inclusion and participation-with the broader conference theme of international law and organizations as we enter the 21st century.

A Journey Of Two Countries: A Comparative Study Of The Death Penalty In Israel And South Africa, Michelle M. Sharoni

UC Law SF International Law Review

The death penalty remains a complex and controversial topic in many countries all around the world. Israel and South Africa have traveled along diverse and fascinating paths in deciding whether the death penalty is constitutional. This Note examines the history of the death penalty in Israel and South Africa, emphasizing the process of its abolition.

This Note reviews the sources of Hebrew law, the history of the death penalty in Israel and the Jewish legal system. It addresses the history of the death penalty in South Africa, from the period of the early settlers up to a recent unanimous decision …

The Price Of Passion: The Banishment Of English Hooligans From Football Matches In Violation Of Fundamental Freedoms, Geoff Beckham

UC Law SF International Law Review

International football is the world's most popular team sport. As often as the global football community exults in worldwide camaraderie, its image is scarred by the inexplicably violent behavior of its supporters.

This Note examines English efforts to curb hooliganism through recently-enacted legislation. The anti-hooligan laws are analyzed in light of the protections guaranteed in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the U.S. Constitution. This Note concludes that English hooligan laws violate Article 7 of the European Convention and the ex post facto clause of the U.S. Constitution.

Compulsory Licensing Of Pharmaceuticals Under Trips: What Standard Of Compensation, Susan Vastano Vaughan

UC Law SF International Law Review

Harmonization of international intellectual property laws has been the object of considerable recent effort under both public international law and international trade law. The GATT Uruguay Round Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) resulted in significant steps toward harmonization. The proper application of compulsory licensing of patents under TRIPS has been the subject of much early debate. Proposed standards of compensation have been wildly divergent, reflecting the conflicting policy concerns of developed and developing nations.

This Note provides an overview of the conflict between developed and developing nations over the proper reach of intellectual property rights. It then …

A First Look At The Interim Merits Award In S.D. Myers, Inc. V. Canada: It Is Possible To Balance Legitimate Environmental Concerns With Investment Protection, Todd Weiler

UC Law SF International Law Review

This Article is a response to Joseph de Pencier's paper Investment, Environment and Dispute Settlement: Arbitration Under NAFTA Chapter Eleven in issue 23:3-4 of this journal. This reply is based upon the author's experience as counsel for the investor in S.D. Myers, Inc. v. Canada (Myers) and similar cases.

This Article provides a critical commentary on various elements of Mr. de Pencier's paper that deal with the Myers claim. It provides some tentative suggestions on how the substantive provisions of NAFTA Chapter 11 might be interpreted in future cases where investment protection and environmental protection appear to be at odds.

Ryousai Kenbo Revisited: The Future Of Gender Equality In Japan After The 1997 Equal Employment Opportunity Law, Robert Larsen

UC Law SF International Law Review

In 1985 amid international and domestic pressure, Japan enacted the Equal Employment Opportunity Law (EEOL). Many viewed it as an era of change, one that would see Japanese women rise to equality with male co-workers. However, equal employment never materialized. Historical context and the experience of the 1985 EEOL provide insights into the future of gender equality in Japan.

This Note provides a brief description of the Japanese corporate world and a historical context of women in Japanese society. It identifies pressures, both domestic and international, that Japan faced prior to 1985 that led up to the EEOL. The 1985 …

The Internet Content Rating Association: The Way To Patrol The Internet Highway, Carrie Lam

UC Law SF International Law Review

The Internet makes information easily accessible and allows people all over the world to research and telecommute from the comforts of their own homes. However, such unlimited access is a double-edged sword. Problematic information that is accessible to anyone with a computer and a modem, such as sexually explicit material, can also be found on the Internet.

This Note examines the conflict between protecting children online and protecting free speech. A comparison is made between the United States' attempts at solutions through the Communications Decency Act and the Child Online Protection Act, and the new international and self-regulatory approach of …

The Socialist Republic Of Vietnam's Labor Code: Looking Beyond The Printed Papers, Johnny Vinh Phan

UC Law SF International Law Review

The Vietnamese government's anxiety and fear of foreign involvement within its borders can be traced back to its history of foreign domination. Many generations of Vietnamese endured continuous warfare to obtain Vietnam's current independence.

This Note walks through Vietnam's economic changes over the past fifteen years. It describes Vietnam's Labor Code, and analyzes the Vietnamese legal system's shortcomings in protecting workers from exploitation by multinational corporations. The Note then identifies possible explanations and solutions to some of the problems, and concludes with an overview of doi moi ("new economic thinking").

Members And Outsiders: An Examination Of The Models Of United States Citizenship As Well As Questions Concerning European Union Citizenship, Ediberto Roman

University of Miami International and Comparative Law Review

No abstract provided.

Save The Marriage Before (Not After) The Ceremony: The Marriage Preparation Act - Can We Have A Public Response To A Private Problem?, Lundy Langston

University of Miami International and Comparative Law Review

No abstract provided.

Postcolonial Encounters In The Postpinochet Era: A Latcrit Perspective On Spain, Latinas/Os And "Hispanismo" In The Development Of International Human Rights, Francisco Valdes

University of Miami International and Comparative Law Review

No abstract provided.

Student Article: The Chinese Legal System Made Easy: A Survey Of The Structure Of Government, Creation Of Legislation, And The Judicial System Under The Constitution And Major Statutes Of The Prc, Marc Rosenberg

University of Miami International and Comparative Law Review

No abstract provided.

Jurisdicción Universal Y Crimenes Internacionales, Magdalena María Martin Martínez

University of Miami International and Comparative Law Review

No abstract provided.

Which Torts In Violation Of The Law Of Nations, William S. Dodge

UC Law SF International Law Review

No abstract provided.

Is A Foreign State A "Person"? Does It Matter?: Personal Jurisdiction, Due Process, And The Foreign Sovereign Immunities Act, 34 N.Y.U. J. Int'l L. & Pol. 115 (2001), Karen H. Cross

UIC Law Open Access Faculty Scholarship

No abstract provided.