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Articles 4771 - 4800 of 5724

Full-Text Articles in Comparative and Foreign Law

Presidential Power In The Russian Constitution, Lee Kendall Metcalf Jan 1996

Presidential Power In The Russian Constitution, Lee Kendall Metcalf

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Practicing International Law For The United States, John R. Crook Jan 1996

Practicing International Law For The United States, John R. Crook

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Similar Fact Evidence Of Child Sexual Abuse In English, United States, And Florida Law: A Comparative Study, Peter Mirfield Jan 1996

Similar Fact Evidence Of Child Sexual Abuse In English, United States, And Florida Law: A Comparative Study, Peter Mirfield

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Nafta Accession And Environmental Protection: The Prospects For An "Earth Friendly" Integration Of Latin American Nations Into The North American Trading Bloc, Russel M. Lazega Jan 1996

Nafta Accession And Environmental Protection: The Prospects For An "Earth Friendly" Integration Of Latin American Nations Into The North American Trading Bloc, Russel M. Lazega

Florida State University Journal of Transnational Law & Policy

No abstract provided.


The Third Balkan War And Political Disunity: Creating A Confederated Cantonal Constitutional System, Peter J. Cannon Jan 1996

The Third Balkan War And Political Disunity: Creating A Confederated Cantonal Constitutional System, Peter J. Cannon

Florida State University Journal of Transnational Law & Policy

No abstract provided.


War Over The Airwaves: A Comparative Analysis Of U.S. And Cuban Views On International Law And Policy Governing Transnational Broadcasts, Omar Javier Arcia Jan 1996

War Over The Airwaves: A Comparative Analysis Of U.S. And Cuban Views On International Law And Policy Governing Transnational Broadcasts, Omar Javier Arcia

Florida State University Journal of Transnational Law & Policy

No abstract provided.


How Legal Are Jordan's Oil Imports From Iraq?, Paul Conlon Jan 1996

How Legal Are Jordan's Oil Imports From Iraq?, Paul Conlon

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Establishing And Protecting United States Foreign Investment In A Post Castro Cuba: By Waiting For Castro, Will U.S. Investors Miss The Boat?, Francisco J. Viñas Jan 1996

Establishing And Protecting United States Foreign Investment In A Post Castro Cuba: By Waiting For Castro, Will U.S. Investors Miss The Boat?, Francisco J. Viñas

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Foreign Investment Laws Of China And The United States: A Comparative Study, Henry J. Graham Jan 1996

Foreign Investment Laws Of China And The United States: A Comparative Study, Henry J. Graham

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Greening World Trade: Reconciling Gatt And Multilateral Environmental Agreements Within The Existing World Trade Regime, Charles R. Fletcher Jan 1996

Greening World Trade: Reconciling Gatt And Multilateral Environmental Agreements Within The Existing World Trade Regime, Charles R. Fletcher

Florida State University Journal of Transnational Law & Policy

No abstract provided.


China's Copyright Law And The Trips Agreement, Reiko R. Feaver Jan 1996

China's Copyright Law And The Trips Agreement, Reiko R. Feaver

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Enforcing Set Aside Arbitral Awards: France's Controversial Steps Beyond The New York Convention, Hamid G. Gharavi Jan 1996

Enforcing Set Aside Arbitral Awards: France's Controversial Steps Beyond The New York Convention, Hamid G. Gharavi

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Duress And Provocation As Excuses To Murder: Salutary Lessons From Recent Anglo-American Jurisprudence, Alan Reed Jan 1996

Duress And Provocation As Excuses To Murder: Salutary Lessons From Recent Anglo-American Jurisprudence, Alan Reed

Florida State University Journal of Transnational Law & Policy

The defenses of duress and provocation can be analogized as concessions to human frailty. Both defenses are predicated upon "confession and avoidance." In each scenario, the defendants actually admit the completion of the actus reus with the attendant mens rea (confession) but seek to excuse their conduct to deny criminal liability (avoidance). Essentially, both defenses involve a concoction of excuse, moral involuntariness, and human frailty. They focus attention on legitimate societal expectations of the reasonable man in criminal law. Unfortunately, the Anglo-American tradition, vis a vis these defenses, is replete with vagaries, inconsistencies, and anomalies. Comparing these defenses in English …


Jurisprudential Support For Exemplary Damage Awards: A Dichotomy Between England And Other Common Law Jurisdictions, Alan Reed Jan 1996

Jurisprudential Support For Exemplary Damage Awards: A Dichotomy Between England And Other Common Law Jurisdictions, Alan Reed

Florida State University Journal of Transnational Law & Policy

No abstract provided.


A Proposal To Reformulate Article 23 Of The Ilc Draft Statute For An International Criminal Court, Sienho Yee Jan 1996

A Proposal To Reformulate Article 23 Of The Ilc Draft Statute For An International Criminal Court, Sienho Yee

UC Law SF International Law Review

The International Law Commission (ILC) has recently completed a Draft Statute for the world's first International Criminal Court. Article 23 of the Draft Statute attempts to strike a proper balance between the role of the proposed International Criminal Court and that of the United Nations Security Council. This Commentary examines the primary shortcomings of the ILC Draft Statute's suggested Article 23. The Commentary then proposes a reformulation of Article 23 in an attempt to address those shortcomings.


The European Market: Creating A Unified Competitive Banking System, Cam F. Justice Jan 1996

The European Market: Creating A Unified Competitive Banking System, Cam F. Justice

ILSA Journal of International & Comparative Law

The creation of a single market among countries, which just over fifty years ago were engaged in one of the bloodiest wars in history, is one of the greatest experiments ever. The movement toward a single market in Europe has undergone countless changes since the creation of the European Coal and Steel Community (ECSC) in 1951.


Linkage Between Development And The Implementation Of The Cairo/Beijing Agenda For Women's Empowerment, Virginia Ofusu-Amaah Jan 1996

Linkage Between Development And The Implementation Of The Cairo/Beijing Agenda For Women's Empowerment, Virginia Ofusu-Amaah

ILSA Journal of International & Comparative Law

Making general statements on the correlation between the effects of socio-economic development and the situation of women is difficult because the political, economic, and structural conditions differ greatly from one country to the other. However, nowhere in the world are women treated as equal as men or enjoy the same opportunities as men.


Comments On The International Criminal Court, Evan T. Bloom Jan 1996

Comments On The International Criminal Court, Evan T. Bloom

ILSA Journal of International & Comparative Law

I understand that I am substituting for Cherif Bassiouni. Those are big shoes to fill, and instead of providing the very detailed discussion of the history of the International Criminal Court (ICC) and all its component parts which he is uniquely qualified to deliver, I will instead provide my own very brief overview of where we are on the proposal to establish an ICC.


Nafta's Approval: A Story Of Congress At Work "From International Relations To National Accountability", Alejandro Posadas Jan 1996

Nafta's Approval: A Story Of Congress At Work "From International Relations To National Accountability", Alejandro Posadas

ILSA Journal of International & Comparative Law

The North American Free Trade Agreement (NAFTA) entered into force on January 1, 1994.' Since then, the new General Agreement on Tariffs and Trade (GATT) has been approved; control of the United States Congress has changed from Democrat to Republican; Mexico is going through a financial crisis; and apparently nothing dramatic, for better or for worse, has yet happened to the American economy.


The Dichotomy Of Executive Immunity: A Comparative Analysis Between The United States And Great Britain, Leonard Wilder Jan 1996

The Dichotomy Of Executive Immunity: A Comparative Analysis Between The United States And Great Britain, Leonard Wilder

ILSA Journal of International & Comparative Law

Politicians get away with murder! This common statement tends to reflect how many feel about the privileged class of people who make and enforce the law. Nevertheless, the litigious nature of the United States has caught up with the current President of the United States, Bill Clinton.


Combatting International Terrorism Into The 21st Century, Mark S. Zaid Jan 1996

Combatting International Terrorism Into The 21st Century, Mark S. Zaid

ILSA Journal of International & Comparative Law

As a private attorney I have dedicated a significant part of my practice to working with or representing victims of terrorism. In particular, I represent several family members who lost relatives in the bombing of Pan Am Flight 103 in a civil action against the government of Libya. Through the use of the judicial system, we are attempting to forge a new weapon for use against terrorist states as a means by which to achieve deterrence, punishment, and compensation for the victims.


Revisiting Chapter Viii: The Role Of Regional Organizations In Dispute Settlement, Nabil Elaraby Jan 1996

Revisiting Chapter Viii: The Role Of Regional Organizations In Dispute Settlement, Nabil Elaraby

ILSA Journal of International & Comparative Law

Recently, the world has seen both pragmatic and sudden changes in international relations. Cooperation between Super Powers, along with regional organizations, seems to be possible today. Consequently, the scope of general cooperation and consensus is increasing among member states of the United Nations. The Charter of the United Nations should be changed according to the needs of the changing world.


Do Economic Sanctions Work? A View From The United Nations, Gian Luca Burci Jan 1996

Do Economic Sanctions Work? A View From The United Nations, Gian Luca Burci

ILSA Journal of International & Comparative Law

The question "do sanctions work?" can be interpreted not only as a political or legal assessment about their effects on a State, but also as an analysis of whether sanctions are designed, managed and enforced in a manner which makes them viable for an extended period of time for those who are required to implement them.


The Lure Of Regional Solutions: A Realistic Option Or Escapism?, Colin Keating Jan 1996

The Lure Of Regional Solutions: A Realistic Option Or Escapism?, Colin Keating

ILSA Journal of International & Comparative Law

Depending on the nature and importance of disputes, there is a need for either bilateral or unilateral use of global and regional organizations. In spite of the convenience of using regional organizations in solving regional disputes, the growing importance and awareness of the global instrument cannot be minimized.


The Spanish Products Liability Act Of 1994, Michael Ansaldi Jan 1996

The Spanish Products Liability Act Of 1994, Michael Ansaldi

ILSA Journal of International & Comparative Law

The Spanish Constitution of 1978,' a milestone in Spain's transition from the Franco era to the ranks of Western European democracies, has been described, in at least one respect, as "absolutely innovative on the panorama of European constitutions” It is "the first constitution worldwide to raise consumer protection to the status of a principle of general law."


The Search For Justice - A Case For Reform To The Civil Justice System In Britain, Peter Watson Jan 1996

The Search For Justice - A Case For Reform To The Civil Justice System In Britain, Peter Watson

ILSA Journal of International & Comparative Law

It can be said without fear of contradiction, that there is a need, both perceived and real, for reform of the British civil justice system. Although different, I draw no distinction between Scotland's and England's justice systems.


Cooperation Between The United Nations And Regional Institutions, Hans Corell Jan 1996

Cooperation Between The United Nations And Regional Institutions, Hans Corell

ILSA Journal of International & Comparative Law

Chapter VIII of the United Nations Charter does not preclude regional organizations from taking regional actions in the maintenance of international peace and security. As long as such regional actions are taken consistent with the provisions of the United Nations Charter, regional organizations can play a pivotal role in the peaceful settlement of regional disputes. Enforcement measures must however be authorized first by the Security Council.


International Law And Antipersonnel Land Mines, Luke T. Lee Jan 1996

International Law And Antipersonnel Land Mines, Luke T. Lee

ILSA Journal of International & Comparative Law

Antipersonnel (A/P) land mines are devastating weapons not only during, but also after, warfare or armed conflicts. There still exist an estimated 85 million mines, or one for every 50 people on earth, scattered in 62 countries that kill and maim some 26,000 innocent civilians each year. In Cambodia and Angola, for example, there are more than 30,000 and 20,000 amputees, respectively, who are victims of mine incidents.


Environmental Law-Making In The European Context And Its Relations To International Environmental Agreements, Gerhard Loibl Jan 1996

Environmental Law-Making In The European Context And Its Relations To International Environmental Agreements, Gerhard Loibl

ILSA Journal of International & Comparative Law

In Europe--and I am taking Europe not just in the limited geographical sense, but in a more political way—environmental regulations have been created and further evolved by different means and instruments: bilateral agreements, limited regional agreements, and multilateral agreements adopted by nearly all European States.


Towards Global Government: Reality Or Oxymoron?, Valerie Epps Jan 1996

Towards Global Government: Reality Or Oxymoron?, Valerie Epps

ILSA Journal of International & Comparative Law

The title of this panel asks us to examine where the world is going and what is likely to be the governance structure for the foreseeable future. This is a somewhat forbidding topic, but certainly worth tackling. We want to ask ourselves whether the various forces in the world currently operative will be reformulated, and if so, what the global arrangement will look like.