Comparative and Foreign Law Commons^™

A Human Rights Agenda For The Next Administration, Gare A. Smith

ILSA Journal of International & Comparative Law

I would like to thank the American branch of the International Law Association for inviting me here today. It's a pleasure to join such a distinguished group of business people, scholars, and community leaders.

To The Suburbs Of Baghdad: Clinton's Extension Of The Southern Iraqi No-Fly Zone, Alain E. Boileau

ILSA Journal of International & Comparative Law

In the early morning hours of September 3, 1996, the United States conducted military strikes against an old foe., Once again United States guns were discharging upon the nation of Iraq and its obstinate leader, Saddam Hussein.

Universality Of Human Rights And Thedeath Penalty-The Approach Of The Human Rights Committee, Markus G. Schmidt

ILSA Journal of International & Comparative Law

The application of the death penalty has occupied a number of United Nations human rights treaty bodies, and in particular the Human Rights Committee established under article 28 of the International Covenant on Civil and Political Rights (hereinafter referred to as ICCPR).

State Collaboration In United States Ratification Of Human Rights Treaties, James A. R. Nafziger

ILSA Journal of International & Comparative Law

The process in the United States of negotiating and ratifying human rights treaties seldom engages the states, either individually or collectively.

The Likely Legacies Of Tadic, Jose E. Alvarez

ILSA Journal of International & Comparative Law

How will historians and others judge the Balkan war crimes tribunal? In my brief time, I would like to indicate how the prosecution of Tadic, the first case before that tribunal, has raised some doubts about that body's legitimacy and likely legacy.

Dire Straits: The International Maritime Organization In The Bosporus And Dardanelles, Debora Schweikart

University of Miami International and Comparative Law Review

No abstract provided.

Compensable Damages Revisited Under The Warsaw Convention: Zicherman V. Korean Air Lines, A New Look At Loss Of Society, Michelle M. Ressler

University of Miami International and Comparative Law Review

No abstract provided.

Trade-Based Constitutionalisms: The Framework For Universalizing Substantive International Law?, Brian F. Fitzgerald

University of Miami International and Comparative Law Review

No abstract provided.

The New Commercial Code Of The Czech Republic, 30 J. Marshall L. Rev. 699 (1997), Josef Bejcek

UIC Law Review

No abstract provided.

New Conventions On Extradition In The European Union: Analysis And Evaluation, G. Vermeulen, T. Vander Beken

Penn State International Law Review (1982 - 2011)

No abstract provided.

What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam

ILSA Journal of International & Comparative Law

In the fifty years that have elapsed since the Nuremberg Trials, we have made tremendous progress in the development of human rights.

Low-Intensity Conflict And The Law, L. C. Green

ILSA Journal of International & Comparative Law

The term low-intensity conflict is relatively new in military and political language and is employed more or less synonymously with noninternational conflict, especially when such a conflict becomes of international concern.

Asil International Law Weekend: Panel On Internal Conflicts, Michael J. Matheson

ILSA Journal of International & Comparative Law

As John Crook has pointed out, most of the armed conflicts of recent years have been internal rather than international, and most of the suffering of the civilian population has occurred in these internal conflicts

Who's Afraid Of The Croc: Objections To The Convention On The Rights Of The Child, Alison Dundes Rentein

ILSA Journal of International & Comparative Law

The painfully slow process of securing the United States ratification of human rights treaties is a well established part of American history.

The Role Of N.G.O.S In U.S. Ratification Of Human Rights Treaties, Jeffery Huffines

ILSA Journal of International & Comparative Law

The United States has been ambivalent in its attitude toward the United Nations and toward human rights in particular. On the one hand United States legal experts have been instrumental in helping to craft the United Nations Covenants and Conventions.

The New Dynamics Of Self-Determination, Valerie Epps

ILSA Journal of International & Comparative Law

The term self-determination still teeters on the borders of evolving legal precept, expression of political will, and universal human aspiration. The concept never quite settles down into a black letter law pronouncement or a clearly understood political dynamic.

Universality Of Human Rights: The Case Of The Death Penalty, Christina M. Cerna

ILSA Journal of International & Comparative Law

THE ISSUE OF THE UNIVERSALITY OF HUMAN RIGHTS

Forty-five years after the adoption of the Universal Declaration of Human Rights the international community met in Vienna to elaborate the human rights agenda for the next twenty-five years.

International Humanitarian Law After Bosnia, Jean-Philippe Lavoyer

ILSA Journal of International & Comparative Law

To start, I would like to thank Professor Paust for inviting the International Committee of the Red Cross (I.C.R.C.) to participate in this panel. Its subject is indeed closely linked to the I.C.R.C.

Protection Of Internally Displaced Persons In Internal Conflicts, Luke T. Lee

ILSA Journal of International & Comparative Law

There are some thirty million internally displaced persons (IDPs) today as compared to fifteen million refugees. The root causes generating refugees and IDPs are essentially the same: armed conflicts and human rights abuses. While refugees are protected by a number of international treaties and organizations, and are enjoying comparative safety in countries of asylum or resettlement, IDPs are not - supposedly on the ground that since IDPs are within their own country, their government should be responsible for their protection.

International Criminal Law And The Cambodian Killing Fields, Diane F. Orentlicher

ILSA Journal of International & Comparative Law

I have been asked to discuss various models that might be available to address crimes committed by the Khmer Rouge during its murderous reign in the 1970s.

Must Russia Return The Artwork Stolen From Germany During World War Ii?, Steven Costello

ILSA Journal of International & Comparative Law

In February 1995, the Pushkin museum in Moscow exhibited sixty three paintings, including paintings from German private and museum collections prior to World War II.1 One month later, the Hermitage in St. Petersburg exhibited seventy-four paintings, of which almost all were owned by the German government or its citizens before the war.

The De-Constitutionalization Of Property Rights: Castro's Systematic Assault On Private Ownership In Cuba, Nicolás J. Gutiérrez Jr.

University of Miami International and Comparative Law Review

No abstract provided.

The Helms-Burton Act And Transnational Legal Process, William S. Dodge

UC Law SF International Law Review

Since its April 1996 passage, the Helms-Burton Act has raised the controversial issue of prescriptive jurisdiction over foreign companies through domestic legislation. The Act has two stated purposes: first, to speed the replacement of the Castro regime with a democratic government in Cuba; and second, to protect the rights of U.S. nationals whose property was expropriated by the Cuban government. Titles I and II address the first stated goal by implementing certain restrictions on the executive office in its relations with and regarding Cuba. Titles IMI and IV address the second stated goal. Title III, in particular, garners the most …

International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta

LLM Theses and Essays

The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …

Developing A National Coastal Zone Management Program For Venezuela, Marisol Salazar

LLM Theses and Essays

The primary focus of this study is to develop a National Coastal Zone Management Program for Venezuela, a moderate, comprehensive, and an effective long-term program which allows the development and protection of the Venezuelan Coastal Zone now and in the future. This program must comply with the actual Venezuelan environmental laws and its administrative mechanisms. Also, it must help to control ecological, economic, commercial, social, and human pressures on the Venezuelan coastal area. The design of this project will be based on an analysis of the extensive experience of the U.S.A. coastal states under the Coastal Zone Management Act (CZMA); …

Legal Aspect And Problems In International American Franchise Transaction In Indonesia, Veronika

LLM Theses and Essays

The Republic of Indonesia, a country in Southeast Asia, faced serious economic problems in 1966, the total debt was (U.S.) $2.3 billion and exceeded export earnings. The government encourages the private sector to take part in this economic development since the government itself faced a scarcity of fund. The government has tried to attract private investment either domestic or foreign investor by launching the deregulation program. The purpose of this thesis is to make an argument that Indonesian franchises need protection and that it is time now for the legislative body in Indonesia to enact a franchise law. The study …

Nafta: The Effect Of The Motor Carrier Provisions On The Future Of The Agreement, Pamela C. Schmidt

UC Law SF International Law Review

The motor carrier provisions of the North American Free Trade Agreement (NAFTA) provide for gradual implementation that will eventually allow Mexican trucks unfettered access to the U.S. highways. The first phase of the motor carrier provisions were scheduled to go into effect on December 18, 1995. The unilateral delay of the provisions by the Clinton administration has resulted in controversy both in the United States and Mexico. Although the motor carrier provisions are just a small part of NAFTA, they have the ability to undermine the entire Agreement.

This Note will examine the advantages and disadvantages of implementing the NAFTA …

In Tribute, Mary Kay Kane

UC Law SF International Law Review

No abstract provided.

In Tribute, H. G. Prince

UC Law SF International Law Review

No abstract provided.

Restitution Regimes In Post-Communist Eastern Europe: A Legal Analysis, Sophia Von Rundstedt

LLM Theses and Essays

When the Communist regimes in Central and Eastern Europe collapsed at the end of the last decade, the opposition, which had been united in their goal to defeat Communism, quickly disintegrated into a variety of factions. One of their tasks was to decide on enacting a constitution, in order to stabilize and entrench the new democratic institutions. Apart from establishing the legal framework for democracy, politicians had to develop strategies to convert the state-run economy into a free-market economy. Such a transition required as a first step the privatization of state property. Legal reform of property rights raises the question: …