Comparative and Foreign Law Commons^™

The Economics Of Violence: Why Freedom From Domestic Violence Must Be Treated As A Developmental Right In International Law, Kelsey S. Barnes

University of Miami International and Comparative Law Review

No abstract provided.

U.S. “Methods Awareness” (Methodenbewußtsein) For German Jurists, James Maxeiner

All Faculty Scholarship

The purpose of this contribution is to help develop Methods Awareness in German jurists unfamiliar with American law. It shows how distant from German understanding present-day American practice is. It proceeds from Fikentscher's thumbnail sketch of German Prevailing Teaching: "this method starts from norm-thinking, therefore thinks in rules, that are applied to the case at hand." It refers to the core elements of this teaching, namely the place of the legal norm (Rechtssatz) in the legal order (Rechtsordnung) and its application to a particular set of facts (i.e., subsumption), and discusses the significance of these concepts in American law. It …

Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont

Penn State International Law Review (1982 - 2011)

No abstract provided.

Terror At The Emperor's Birthday Party: An Analysis Of The Hostage-Taking Incident At The Japanese Embassy In Lima, Peru, Dr. Ranee K.L. Panjabi

Penn State International Law Review (1982 - 2011)

No abstract provided.

Aug. 15, 1997, Ciel And Foe, Proposal For An Independent Review Panel Faxed October 7, 1997, D. Hunter D. Clark To C. Lee, General Counsel, Ifc, Center For Internatinal Enviornmental Law, Friends Of Earth-U.S., David Hunter, Dana Clark

CAO Creation Pre-1999

Prompted by public concern about alleged non-compliance with policies of the Bank Group, and project-specific controversies (such as the Pangue Dam on Chile's BioBio river), the President and top management of the International Finance Corporation (IFC) and the Multilateral Investment Guarantee Agency (MIGA), the two private sector arms of the World Bank Group, have announced their intention to create a review mechanism patterned after the existing World Bank Inspection Panel (which only applies to the International Bank for Reconstruction and Development (IBRD) and the International Development Association (IDA)). Mr. Wolfensohn, in particular, has supported the extension of the Panel as …

Illicit Arms Trafficking, Corruption, And Governance In The Caribbean, Ivelaw L. Griffith

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Foreign Corrupt Practices Act Within The American Response To Domestic Corruption, Henry H. Rossbacher, Tracy W. Young

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Comparative And The Critical Perspective In International Agreements, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.

Playing The Culture Card In Resisting Cross-Jurisdictional Transplants: A Comment On "Legal Processes And National Culture", John D. Jackson

Cardozo Journal of International and Comparative Law

The article critiques Oscar Chase's argument that cultural differences between nations, particularly Germany and the United States, pose formidable barriers to transplanting legal procedures from one jurisdiction to another. While acknowledging the importance of culture in shaping legal institutions, the analysis suggests that the influence of national culture on legal processes is more nuanced and less deterministic than Chase implies. It argues that legal systems are capable of change and adaptation, and that globalization and convergence of legal traditions may mitigate the predicted cultural misfit.

Feb. 20-21, 1997, Correspondence Regarding Nftc Concerns, Frank Kittredge, National Foreign Trade Council, William E. Schuerch

CAO Creation Pre-1999

No abstract provided.

Jan. 28, 1997, Outline For Response To Enron Et Al, Notification Of The Proposed Project, Center For International Environmental Law

CAO Creation Pre-1999

No abstract provided.

International Human Rights Law In United States Courts: Professor Riesenfeld's Contributions, Namoi Roht-Arriaza

UC Law SF International Law Review

No abstract provided.

Reconcilable Differences--The Interpretation Of Multilingual Treaties, Dinah Shelton

UC Law SF International Law Review

The practice of authenticating treaties in several languages has grown in recent decades as multilateral agreements are concluded in the six official languages of the United Nations or the corresponding number of official languages of other sponsoring organizations. Problems of translation errors, ambiguities, and deliberate differences lead to conflicts over the content of obligations and rights contained in the treaties. The Vienna Convention on the Law of Treaties provides some guidance to interpreting texts authenticated in several languages, but more effort is needed during negotiations to avoid discordant texts. In addition, the author proposes that greater recourse be had to …

Helms-Burton: The Canadian View, Kim Campbell

UC Law SF International Law Review

No abstract provided.

The Five Bases Of Extraterritorial Jurisdiction And The Failure Of The Presumption Against Extraterritoriality, Wade Estey

UC Law SF International Law Review

A nation can exercise two types of jurisdiction: territorial and extraterritorial. The exercise of extraterritorial jurisdiction elicits controversy because of possible international law conflicts. The United States applies a presumption against extraterritorial application of domestic law. However, the presumption of extraterritorial application ignores the propriety of its use.

This Note revises the presumption upon reviewing various statutory and case law applications of extraterritorial jurisdiction in the United States. This Note also proposes a new paradigm for proper use of extraterritorial jurisdiction. The new paradigm posits that the presumption against extraterritorial jurisdiction can be rebutted in five situations: (1) Nationality Jurisdiction, …

Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane F. Orentlicher

ILSA Journal of International & Comparative Law

I am fortunate to have as a foundation for my remarks Professor Roht-Arriaza's lucid presentation of the principal sources of international law bearing on amnesties for gross violations of human rights.

Trial Of The Century? Assessing The Case Of Dusko Tadic Before The International Criminal Tribunal For The Former Yugoslavia, Mark S. Zaid

ILSA Journal of International & Comparative Law

It is more than bitter irony that nearly fifty years to the day after the International Military Tribunal in Nuremberg rendered its judgment, we are here today analyzing the first international war crimes trial held since the end of World War II.

Panel Discussion On International Environmental Crimes: Problems Of Enforceable Norms And Accountability, Myron H. Nordquist

ILSA Journal of International & Comparative Law

This panel's scope of discussion covers norms as well as compliance regarding international environmental crimes during both times of peace and armed conflict.

Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline H. Morris

ILSA Journal of International & Comparative Law

During three months in 1994, genocide was committed in Rwanda. Two years after those events, and notwithstanding efforts at both national and international levels to bring the perpetrators to justice, the first case has yet to go to trial

Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson

ILSA Journal of International & Comparative Law

In June of 1995, the Mexican government requested the extradition of former Deputy Attorney General Mario Ruiz Massieu, who was accused of engaging in a cover-up in the investigation of the assassination of his own brother, a top official in Mexico's ruling party.

Developing Jurisprudence On The Rights Of Youth: Review Of Problems And Prospects: North-South, William D. Angel

ILSA Journal of International & Comparative Law

Whatever civilization one analyses in history, one invariably finds generational conflicts of youth rebelling against the various systems (legal, political, economic, and/or socio-cultural) established by their adult generation.

Challenges Facing Inter-Governmental Political Negotiations Which Are Common To International Business Negotiators: An Analysis Of Shared Concerns, Yassin El-Ayouty

ILSA Journal of International & Comparative Law

Two PROVERBS AND INTRODUCTION

The thesis of this article is that the commonality of challenges facing both inter-governmental negotiators and international business negotiators is more predominant than the differences in these two situations.

Concerns Over The Rule Of Law And The Court Of Final Appeal In Hong Kong, Jared Leung

ILSA Journal of International & Comparative Law

On Wednesday, July 12, 1995, for the first time in the 150-year colonial history of Hong Kong, the Hong Kong Legislative Council (Legco) voted on a motion of no-confidence against its British-appointed Governor, Chris Patten.

Infancy And Maturity: A Comparison Of The Canadian Charter Of Rights And Freedoms And The United States Constitution, Bruce E. Shemrock

ILSA Journal of International & Comparative Law

The Canadian Charter of Rights and Freedoms' (Charter) was Canada's first foray into constitutional governance. It represents Canada's first specific guarantees of individual liberty on a constitutional level.

Jus Cogens And The Inherent Right To Self Defense, Carin Kahgan

ILSA Journal of International & Comparative Law

The arms embargo has deprived Bosnia-Hercegovina of the right of legitimate self-defense. It has caused the destruction of the country, deepened the war and caused genocide. It has tied the hands of the attacked and helped the aggressor

Rape Of Muslim Women In Wartime Bosnia, Adriana Kovalovska

ILSA Journal of International & Comparative Law

For almost four years, former Yugoslavia was ravaged by a war in which acts of incomprehensible and shocking cruelty were carried out on an enormous magnitude. Among the atrocities were the rapes of an estimated 30,000 to 50,000 Bosnian women by the Serbian military

Self-Determination: An Affirmative Right Or Mere Rhetoric?, Halim Moris

ILSA Journal of International & Comparative Law

Yves Beigbeder, an international scholar, once asked, "If self-determination is an internationally recognized principle, why does it not apply to the people of West Iran, East Timor, Tibet, Kashmir and other territories, as it has been applied to other colonial territories?

Analysis Of The Hamburg Rules On Marine Cargo Insurance And Liability Insurance, Eun Sup Lee

ILSA Journal of International & Comparative Law

There has been an increasing interest on the effects of the United Nations Convention on the Carriage of Goods by Sea (Hamburg Rules) on the double insurance problem which arises whenever a proposal to modify a carrier's liability regime is under discussion.

Namibia Opinion Revisited: A Gap In The Current Arguments On The Power Of The Security Council, Tadashi Mori

ILSA Journal of International & Comparative Law

This article discusses the interpretation of Article 25' of the United Nations Charter that was offered by the International Court of Justice in its advisory opinion of June 21, 1971 (Namibia Opinion).2 It is a topic that is unfortunately overlooked by the current arguments concerning the power of the revived Security Council.

Deportation Of Criminal Aliens And The Termination Of Judicial Review By The Anti-Terrorism And Effective Death Penalty Act Of 1996, Orville Mckenzie

ILSA Journal of International & Comparative Law

Perhaps the most intellectually challenging legal question which has baffled jurists might have been answered by the Anti-Terrorism and Effective Death Penalty Act of 1996.' It is the question of whether Congress has the power to eliminate all the subject matter jurisdiction of article III courts.