Comparative and Foreign Law Commons^™

Institutional Aspects Of International Governance, Elisabeth Zoller

Indiana Journal of Global Legal Studies

Professor Elisabeth Zoller discusses the domain and the methods of internationalg overnance. In PartI , she addresses the notion of the "international community." Professor Zoller argues that the international community is not really a community at all, but several "intertangled communities" with common interests. These common interests emerged as a result of several worldwide events, such as World War I and the Great Depression. The author asserts that common interests among nation states and priority setting are the two prerequisites necessary for international governance. In Part II, the authore xamines the methods of internationalg overnance, beginning with the proposition that …

Francovich: Light At The End Of The Marshall Tunnel, Rene Valladares

University of Miami International and Comparative Law Review

No abstract provided.

Real Property Law Under The Current Cuban Regime, Douglas E. Matthews

University of Miami International and Comparative Law Review

No abstract provided.

E Visas: An Analysis Of The Legislative History And Proposed Governing Regulations, Hedayat Tahbaz

University of Miami International and Comparative Law Review

No abstract provided.

Property Rights In The Post-Castro Cuban Constitution, Oscar M. Garibaldi, John D. Kirby

University of Miami International and Comparative Law Review

No abstract provided.

Brazil

University of Miami Inter-American Law Review

No abstract provided.

The Reach Of Rights In The New Russian Constitution, Antti Korkeakivi

Cardozo Journal of International and Comparative Law

The new Russian Constitution incorporates a comprehensive catalogue of human rights, largely mirroring international standards and Western democracies, while retaining elements influenced by Soviet tradition. It rejects the socialist notion that rights are state-granted, declaring them inalienable and innate. However, the Constitution’s effectiveness in protecting these rights remains uncertain, as its success hinges on the judiciary’s ability to enforce them independently, despite historical weaknesses and ongoing concerns about judicial autonomy.

The Extraordinary Counter-Majoritarian Power Of The New Supreme Court Of Nepal, Richard Stith

Law Faculty Publications

No abstract provided.

The Hague Convention On The Civil Aspects Of International Child Abduction: Are The Convention's Goals Being Achieved?, Julia A. Todd

Indiana Journal of Global Legal Studies

No abstract provided.

Social Legislation In The European Community And In The Member States-A Case Of Subsidiarity?, Reinhard Rack

Cardozo Journal of International and Comparative Law

The article examines the principle of subsidiarity within the European Community (EC), highlighting its role in balancing power between the EC and its Member States. While subsidiarity, formalized in the Maastricht Treaty, aims to ensure decision-making occurs at the most effective level, its application often serves political rather than legal purposes, particularly in social legislation. The article critiques the ambiguity of subsidiarity, questioning whether it effectively limits EC power or remains a political tool influenced by public opinion and referendums. It also explores the integration of non-Member States, such as EFTA countries, into the EC framework, emphasizing the challenges of …

Litigation In The U.S. And In The Civil Law System: What Can We Learn From Each Other?, James Maxeiner

All Faculty Scholarship

Discusses the lack of American interest in learning about foreign civil procedure. Considers points where America might benefit from foreign experiences. Suggests significant differences in procedure can be attributed to emphasis on day-in-court thinking over reasoned decision thinking.

Justice On The Far Side Of The World: The Continuing Problem Of Misconduct By Civilians Accompanying The Armed Forces In Foreign Countries, Thomas G. Becker

UC Law SF International Law Review

This Article examines the legal challenge presented when civilians who accompany the United States military at its bases in foreign countries commit misconduct. American overseas posts have large numbers of civilian family members, U.S. employees, and contractors. The Article discusses the historical application of military law to such persons, recent proposals to extend Tire 18 of the United States Code to certain offenses committed by civilians overseas, and issues raised by proposed legislation.

What The Principle Of Self-Determination Means Today, Mitchell A. Hill

ILSA Journal of International & Comparative Law

The right of all peoples to self-determination has been one of the most vigorously promoted and widely accepted contemporary norms of international law. There is no clear consensus, however, as to what the meaning and content of that right is, and it has gained the distinction of "being one of the most confused expressions in the lexicon of international relations.

International Legal Sources And Global Environmental Crises: The Inadequacy Of Principles, Treaties, And Custom, Krista Singleton-Cambage

ILSA Journal of International & Comparative Law

The deterioration of the earth's physical environment presently represents a phenomenon which international society has never faced before. The current legal and political approach to global environmental crises appears largely inadequate as an effective response to this deterioration. International law, due to its very foundations, is unable to cope with global environmental degradation as it does not provide a clear and compelling direction for states to work collectively toward a common goal.

Human Rights Provisions Of The U.N. Charter: The History In U.S. Courts, Jo L. Southard

ILSA Journal of International & Comparative Law

American law schools use appellate court decisions to teach the implementation and progression of the law. Typically, the first case in a series will stand for the proposition that a plaintiff is entitled to a certain right. A later case demonstrates that a subsequent plaintiff is also entitled to the right. After a number of cases are presented, the student is expected to understand the law, policy, doctrine or test that applies to situations revolving around the right.

International Environmental Law: The Impact And Implications Of Municipal Environmental Law, Harry H. Almond Jr.

ILSA Journal of International & Comparative Law

States universally claim access to authority and control over events and persons. States exercise power within their territories primarily to maintain and promote public order, protect their assets and wealth, and ensure the public safety. The end result of these actions is law. The operational element of law involves combinations invoking cooperation, reciprocity in treatment and behavior, and dispute management and settlement.

The International Effort To Control The Transboundary Movement Of Hazardous Waste: The Basel And Bamako Conventions, Daniel Jaffe

ILSA Journal of International & Comparative Law

In 1986, a ship named the Khian Sea set sail from Philadelphia carrying nearly 14,000 tons of toxic incinerator ash.' The ship was unable to dispose of the ash at her first destination, the Bahamian port of Ocean Cay. The ship then went to Honduras, Panama, and Guinea-Bisseau, only to be rejected.'

International Transfer Pricing Rules: Unconventional Wisdom, Eugene E. Lester

ILSA Journal of International & Comparative Law

In the sixteenth century, the Spanish Empire was larger and "more powerful than any other European state since the Roman Empire.", A historian of that time period said, "[t]he sun never sets on the dominion of the King of Spain." Tax historian Charles Adams asserted that Imperial Spain's failure to reform its tax system significantly contributed to its demise

Why Teach International Family Law In Conflicts?, William L. Reynolds

Faculty Scholarship

[The author] sets forth a challenge to conflicts professors: to teach international family law in their conflict of laws classes. At present, many conflicts professors avoid teaching international family law, in part because the study of this subject is complicated by several statutes addressing particularly difficult issues. Ignorning international family law is unwise, because many United States citizens and lawyers are likely to confront such problems.

The Exclusion Of Hiv-Positive Aliens: United States Immigration Policy And International Human Rights Law, Margaret Benenati

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Resolution Of International Commercial Disputes Under The Auspices Of The Icc International Court Of Arbitration, Eric A. Schwartz

UC Law SF International Law Review

No abstract provided.

Recklessness As Scienter In Corporate Securities Trading: An Analysis And Evaluation Of United States Investor Protection Policy Reforms And Their Implications For The Commonwealth Caribbean, Stephen J. Leacock

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Shamrock And The Crown: A Historic Analysis Of The Framework Document And Prospects For Peace In Ireland, Ronald A. Christaldi

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Law And Racism In An Asian Setting: An Analysis Of The Britsh Rule Of Hong Kong, Richard Klein

UC Law SF International Law Review

In 1997, the British government will cede control of Hong Kong to the People's Republic of China. This Article examines the history of the British governance of Hong Kong, focusing on the prevalent use of British laws to exclude the Chinese citizens of Hong Kong from equal participation and status in the Hong Kong government and to retain control of Hong Kong in the hands of a privileged British minority. The Article details the ways in which the Chinese were treated in a discriminatory fashion in the British governance of Hong Kong and reveals the racist attitudes of many of …

Health Care Reform And Erisa Preemption: Can The States Adopt Aspects Of Germany's Health Care System To Achieve Universal Access And Cost Containment, Byron Done

UC Law SF International Law Review

In 1994 Congress addressed a national crisis concerning the soaring cost of health care in the United States and the growing population of uninsured Americans. Congress debated the issues, but declined to enact any legislation. The problems, however, still persist. A few states have attempted comprehensive health care reform through state legislation, but the federal Employee Retirement Income Security Act (ERISA) has consistently preempted those attempts. This Note analyzes the ERISA preemption clause, its role as a barrier to comprehensive state health care reform, and some of ERISA's perverse effects on the employees it purports to protect. The Note also …

The Changing Aid Environment: Perspectives On The Official Development Assistance Debate, Emilio J. Cardenas, Carlos Sersale Di Cerisano, Secretary Oscar Avalle

ILSA Journal of International & Comparative Law

Our problem, as you well know and as I outlined, is to find a place for the foreign assistance package in the overall scheme, as we make a sincere effort here in Congress to try to balance the budget by the year 2002.'

Negotiations are currently being held at the United Nations for the formation of an Agenda for Development. In the center of these negotiations lies the role of the international community and, in particular, the role of developed countries in providing adequate Official Development Assistance (ODA) for the economic growth and sustainable development of developing countries.

An Outline Of History Of Environmental Law And Administration In Poland, Daniel H. Cole

UC Law SF International Law Review

Poland is reputed to be one of the world's most polluted countries. It is commonly, but mistakenly, supposed that Polish governments, especially during the communist era, made no serious effort to protect the environment. This Article outlines Poland's long history of environmental and nature protection, from medieval statutes protecting the European bison and centuries old sanitation laws regulating city sewers, to communist-era laws designed to control industrial pollution through the innovative (if ironic) use of market mechanisms. The final section of the Article describes current efforts to improve environmental protection in the post-socialist Republic of Poland.

The Constitutional Development Of Religious Freedom In Spain: An Historical Analysis, Daniel B. Montserrat

Florida State University Journal of Transnational Law & Policy

Religious freedom has always constituted a problem in Spain. It can be said that over the centuries, there has only existed intolerance and even on several occasions, persecution. Clearly, the times in which respect and peaceful coexistence occurred in Spain among the three principal religions were limited and fleeting. Unfortunately, even Spanish constitutional history is replete with examples of religious intolerance. From the Cddiz Constitution of 1808, liberal in its politics, but tremendously repressive with respect to religion up until the present day, there have been scarcely twentyfive years of "religious freedom." Recalling the period prior to the first constitution, …

Neighboring Countries; Un-Neighborly Acts: A Look At The Extradition Relationships Among The United States, Mexico, And Canada, Dea Abramschmitt

Florida State University Journal of Transnational Law & Policy

In the wake of the troubling Supreme Court decision in United States v. Alvarez-Machain, where the Court approved jurisdiction although the defendant had been abducted from Mexico by U.S. Drug Enforcement Agents (DEA), both Mexico and Canada have expressed dismay at what they see as a blatant violation of international law. The United States has reinforced its uncooperative position in the area of law enforcement across territorial boundaries. According to Mexico and Canada, the U.S. has disregarded both the terms of their respective extradition treaties with them as well as the basic precepts of international law. They have valid cause …

International Ocean Shipping And Risk Allocation For Cargo Loss, Damage And Delay: A U.S. Approach To Cogsa, Hague-Visby, Hamburg And The Multimodal Rules, Samuel Robert Mandelbaum

Florida State University Journal of Transnational Law & Policy

No abstract provided.