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Articles 4741 - 4770 of 5724

Full-Text Articles in Comparative and Foreign Law

Unilateralism As A Defense Mechanism: An Overview Of The Iran And Libyan Sanctions Act Of 1996, Marc C. Hebert Jan 1997

Unilateralism As A Defense Mechanism: An Overview Of The Iran And Libyan Sanctions Act Of 1996, Marc C. Hebert

University of Miami International and Comparative Law Review

No abstract provided.

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Securities Market And Securities Regulations In China, Fengxia Dai Jan 1997

Securities Market And Securities Regulations In China, Fengxia Dai

LLM Theses and Essays

China is a large developing country with a socialist ideology that is currently undergoing a period of reform and transformation. In December 1990, China opened its first national securities market - the Shanghai Securities Exchange. This was soon followed in November 1991 by the first special shares denominated in foreign currencies and sold only to overseas investors. These important steps in the development of China’s securities industry indicate commitment by Chinese authorities to the two key components of the nation’s economic reform program - economic systemic reform, and opening to the outside world. China’s securities market and securities regulations contain …

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Are Tuna And Dolphins The Same? A Rule Of Reason Approach To Resolve The Trade And Environment Conflict, Anantha K. Paruthipattu Jan 1997

Are Tuna And Dolphins The Same? A Rule Of Reason Approach To Resolve The Trade And Environment Conflict, Anantha K. Paruthipattu

LLM Theses and Essays

Trade and environment are both primary values in an ecologically and economically interdependent world; unleashing trade without regard to environmental impact is as detrimental as guarding the environment at the expense of trade and development. Tuna and dolphins have come to symbolize the policy struggle between trade and environment. In early 1990, the United States banned the import of tuna from Mexico and other countries that were fishing in a manner that damaged dolphins in the Eastern Tropical Pacific Ocean. Mexico challenged this ban before a GATT Panel, which ruled against the United States and held that the tuna ban …

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Reorganization A Comparative Study Of Reorganization In Denmark And In The United States, Poul Jagd Mogensen Jan 1997

Reorganization A Comparative Study Of Reorganization In Denmark And In The United States, Poul Jagd Mogensen

LLM Theses and Essays

The purpose of this thesis is to analyze and discuss a list of specific problems in the current Danish system and in this analysis to examine how these problems are dealt with under the United States laws on reorganization. The thesis consists of five parts in addition to this Introduction. Part II is an introduction to the laws on reorganization in Denmark and in the United States. Part II also includes a brief introduction to out-of-court workouts as an alternative to reorganization under the bankruptcy laws. Part III provides statistical information on the number of reorganizations, the outcome of reorganizations, …

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The Tragedy Of Hong Kong, Richard Klein Jan 1997

The Tragedy Of Hong Kong, Richard Klein

Scholarly Works

While the world watched the fireworks and celebrations occurring in Hong Kong on July 1, 1997, a far sadder event was, in fact, unfolding. The people of Hong Kong, most of whom had originally fled from China -- the country which was now taking over -- have simply never experienced the basic human right of self-determination. Rule was shifting from a colonial power which had denied the people of Hong Kong their basic human rights for virtually all of its 155-year administration, to a country which, immediately upon assuming sovereignty, made it clear that democracy would remain but a dream.

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Constitutional Law, Common Market Law, And The European Human Rights Convention, Elisabeth Zoller Jan 1997

Constitutional Law, Common Market Law, And The European Human Rights Convention, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

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Accountability For Past Abuses, Juan E. Mendez Jan 1997

Accountability For Past Abuses, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Dumping And Anti-Dumping In International Trade Origins, Legal Nature, And Evolution Developments In Brazil And In The United States, Luiz Claudio Duarte Jan 1997

Dumping And Anti-Dumping In International Trade Origins, Legal Nature, And Evolution Developments In Brazil And In The United States, Luiz Claudio Duarte

LLM Theses and Essays

Dumping is when an exporting country sells their goods in the foreign market for less than the price of the goods in their own domestic market. Dumping has a negative connotation because it threatens domestic industries in the importing country. In response to harmful dumping situations, mechanisms of defense have been developed to protect nations from unfair trade practices. The General Agreement on Tariffs and Trade (GATT) recognizes in Article VI anti-dumping tariffs as a legitimate defense to protect domestic industries from foreign predatory pricing practices. This paper focuses on anti-dumping developments in international trade since the beginning of the …

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International Jurisdiction In Products Liability Cases (Analysis Of Asahi And Post-Asahi Cases), Tsutomu Kuribayashi Jan 1997

International Jurisdiction In Products Liability Cases (Analysis Of Asahi And Post-Asahi Cases), Tsutomu Kuribayashi

LLM Theses and Essays

With the increase of foreign trade, there has also been an increase in the number of foreign manufacturers and distributors involved in product liability litigation in the United States. In many cases, the products from these foreign manufacturers and distributors reach the forum states through the stream of commerce, and are distributed to the customers by regional distributors, wholesalers, and retailers. Therefore, in many product liability cases where defective products from these foreign manufacturers and distributors cause injuries to people in the United States, those foreign companies do not have a direct relationship with the forum states. In these cases, …

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The Issue Of The Legal Validity Of Using Economic Sanctions To Enforce Human Rights, Thomas Hailu Jan 1997

The Issue Of The Legal Validity Of Using Economic Sanctions To Enforce Human Rights, Thomas Hailu

LLM Theses and Essays

The international legal regime as it pertains to human rights is neither as established nor as definitive as it appears. It suffers from many disadvantages, the first and most important of which is the fact that the international legal regime has never been capable of effectively enforcing its rules or instituting appropriate remedies for its breaches. Some states have attempted to make up for this inability on behalf of international law by undertaking an enforcement mechanism either unilaterally or multilaterally; economic sanctions are often regarded as valuable tools of enforcement to be used against countries which are allegedly engaged in …

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The Decline Of The Western Nation State And The Rise Of The Regime Of International Federalism, John O. Mcginnis Dec 1996

The Decline Of The Western Nation State And The Rise Of The Regime Of International Federalism, John O. Mcginnis

Cardozo Law Review

The nation state is in decline, at least among the Western industrialized nations. Decline is a relative term. It does not suggest that the nation state has disappeared, but rather, that it is no longer as defining a feature of geopolitics as it once was, and will likely remain a less controlling feature. In the West, the era of the nation state was characterized by entities that approximated, even if they never attained, absolute control over their territory. First, the nation state had substantial control over economic affairs within its borders. While the world has always been to some extent …

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The Persistent Nation State And The Foreign Sovereign Immunities Act, Mark L. Movsesian Dec 1996

The Persistent Nation State And The Foreign Sovereign Immunities Act, Mark L. Movsesian

Cardozo Law Review

One hears a great deal these days about the decline of the nation state. The concept of a sovereign country whose inhabitants share a common ancestry or culture is said to be obsolescent, if not already obsolete. Several factors, apparently, are responsible: the creation of supranational institutions like the European Union and the World Trade Organization; the growing influence of nongovernmental organizations; the emergence of a new global economy; and the formation of a worldwide consumer culture, to name just a few. The law, it is argued, must adapt.

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The International Conference On Harmonization Of Pharmaceutical Regulations, The European Medicines Evaluation Agency, And The Fda: Who's Zooming Who?, Dan Kidd Oct 1996

The International Conference On Harmonization Of Pharmaceutical Regulations, The European Medicines Evaluation Agency, And The Fda: Who's Zooming Who?, Dan Kidd

Indiana Journal of Global Legal Studies

No abstract provided.

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Journal Of International & Comparative Law And The International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law Jun 1996

Journal Of International & Comparative Law And The International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

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International Trade And Competition Law In Japan, David J. Gerber Jan 1996

International Trade And Competition Law In Japan, David J. Gerber

All Faculty Scholarship

No abstract provided.

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Application Of The United States' Law Of Countervailing Duties To Nonmarket Imports: Effects Of The Recent Foreign Reforms, James A. Meszaros Jan 1996

Application Of The United States' Law Of Countervailing Duties To Nonmarket Imports: Effects Of The Recent Foreign Reforms, James A. Meszaros

ILSA Journal of International & Comparative Law

The last several years have been marked by considerable economic reform in nonmarket countries. The changes which have occurred have undoubtedly impacted upon United States' law and policy with respect to the United States' treatment of those countries.

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The Criminalization Of Hate Propaganda A Clash Of Ideals Between Canada And The United States, Eric Wolfman Jan 1996

The Criminalization Of Hate Propaganda A Clash Of Ideals Between Canada And The United States, Eric Wolfman

ILSA Journal of International & Comparative Law

This paper will attempt to make the case that the criminalization of racist speech in the form of hate propaganda could survive a First Amendment challenge. Section I examines the elemental harms caused by hate propaganda and the compelling reasons why such speech should be criminalized

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United States Asylum Law: The Failure Of The United States To Accommodate Women's Gender-Based Asylum Claims, Nancy C. Ciampa Jan 1996

United States Asylum Law: The Failure Of The United States To Accommodate Women's Gender-Based Asylum Claims, Nancy C. Ciampa

ILSA Journal of International & Comparative Law

"Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest tossed to me: I lift my lamp beside the golden door." Those are the words of Emma Lazarus, inscribed on the Statute of Liberty.

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The Formation Of International Law In The 21st Century, John De Saram Jan 1996

The Formation Of International Law In The 21st Century, John De Saram

ILSA Journal of International & Comparative Law

The methods and procedures of the Commission, as in the case of all human endeavors, need, of course, to be kept under regular review and to be improved wherever advisable. The methods and procedures of the Commission were referred to in the Sixth (the Legal) Committee of the UN General Assembly over the two weeks just passed, in the course of Sixth Committee consideration of the Report of the Commission.

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Developing Countries, Tax Treaties And The United Nations Model Tax Convention, Peter D. Byrne Jan 1996

Developing Countries, Tax Treaties And The United Nations Model Tax Convention, Peter D. Byrne

ILSA Journal of International & Comparative Law

Welcome everyone. My name is Peter Byrne. I am the Deputy Director of the International Tax Program at Harvard Law School. We have a great panel this morning, and I think you will be very interested in what they have to say. I will introduce them before we start.

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International Law And Land Mines, Joerg Wimmers Jan 1996

International Law And Land Mines, Joerg Wimmers

ILSA Journal of International & Comparative Law

The Review Conference in Vienna' has failed to adopt a revised Convention due to unbridgeable differences among delegations on a strengthened Protocol II of the Convention (Land Mine Protocol). Almost all important provisions of the Protocol were contentious and a number of delegations showed very limited room to move toward a compromise.

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When Are Economic Sanctions Effective? Selected Theorems And Corollaries, W Michael Reisman Jan 1996

When Are Economic Sanctions Effective? Selected Theorems And Corollaries, W Michael Reisman

ILSA Journal of International & Comparative Law

Economic sanctions may take many forms and may be applied unilaterally or multilaterally, but like all uses of the economic instrument, they involve the purposive threat or actual granting or withholding of economic indulgences, opportunities, and benefits by one actor or group of actors in order to induce another actor or group of actors to change or adjust an internal or external policy.

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What Role, If Any, Will The United Nations Play In The Maintenance Of International Peace And Security Over The Next Fifty Years?, Thomas J. Donlon Jan 1996

What Role, If Any, Will The United Nations Play In The Maintenance Of International Peace And Security Over The Next Fifty Years?, Thomas J. Donlon

ILSA Journal of International & Comparative Law

After two years of close observation of the United Nations struggling to answer the challenge of Article 7 of its Charter "to maintain international peace and security," I have become an optimist on the question of the United Nations' future, if nonetheless a cautious, realistic one. Whether the United Nations will have such a role, however, depends on the collective ability of the international community to learn from the past fifty years of the organization

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International Law And Anti-Personnel Land Mines, Michael J. Matheson Jan 1996

International Law And Anti-Personnel Land Mines, Michael J. Matheson

ILSA Journal of International & Comparative Law

The Convention on Conventional Weapons was adopted in 1980 to limit the use of conventional weapons that present special risks of causing unnecessary suffering or indiscriminate effects. The Convention currently contains three Protocols, each of which regulates the use of a specific type of weapons

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The Right To Cultural And Religious Self-Determination: Lessons From The Experience Of Native Americans, Allison M. Dussias Jan 1996

The Right To Cultural And Religious Self-Determination: Lessons From The Experience Of Native Americans, Allison M. Dussias

ILSA Journal of International & Comparative Law

In seeking to vindicate their right to self-determination, indigenous peoples seek not only recognition and protection of land rights and political rights, but also recognition and protection of cultural and religious rights.

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La Actividad Reciente Antes De La Corteinternacional De La Justicia: Tendencia 0 Ciclo, Gary L. Scott, Heather Macgregor Bothwell, Jennifer Pennell Jan 1996

La Actividad Reciente Antes De La Corteinternacional De La Justicia: Tendencia 0 Ciclo, Gary L. Scott, Heather Macgregor Bothwell, Jennifer Pennell

ILSA Journal of International & Comparative Law

Siguiendo el rechazo de los Estados Unidos para participar en el caso de Nicaragua', y su retiro subsiguiente de la Ilamada cldusula opcional, un gran ambiente de pesimismo rode6 el futuro de la Corte Internacional de Justicia

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Un Estudio Comparativo De La Ley Judaica Y La Ley Constitucional De Los Estados Unidos Sobre La Pena Capital, Steven Davidoff Jan 1996

Un Estudio Comparativo De La Ley Judaica Y La Ley Constitucional De Los Estados Unidos Sobre La Pena Capital, Steven Davidoff

ILSA Journal of International & Comparative Law

Desde 1966 a 1972, a pesar de estatutos permitiendo la pena capital en la mayoria de los estados, s6lo tres hombres fueron ejecutados en todos los Estados Unidos. Un observador objetivo habria citado esta tendencia como un pron6stico del abandono gradual de esta pena definitiva.

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Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law Jan 1996

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

ILSA Journal of International & Comparative Law

No abstract provided.

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The Dolphin/Tuna Controversy And Environmental Issues: Will The World Trade Organization's "Arbitration Court" And The International Court Of Justice's Chamber For Environmental Matters Assist The United States And The World In Furthering Environmental Goals?, Alison Raina Ferrante Jan 1996

The Dolphin/Tuna Controversy And Environmental Issues: Will The World Trade Organization's "Arbitration Court" And The International Court Of Justice's Chamber For Environmental Matters Assist The United States And The World In Furthering Environmental Goals?, Alison Raina Ferrante

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Consular Protection To Illegal Migratory Workers And Mexican Undocumented Minors: Two Sensitive Issues Addressed By The Thirteenth Annual Meeting Of The United States-Mexico Binational Commission, Jorge A. Vargas Jan 1996

Consular Protection To Illegal Migratory Workers And Mexican Undocumented Minors: Two Sensitive Issues Addressed By The Thirteenth Annual Meeting Of The United States-Mexico Binational Commission, Jorge A. Vargas

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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