Comparative and Foreign Law Commons^™

Sustainable Development And The Use Of Covenants In Environmental Legislation, B. John Ovink

University of Miami International and Comparative Law Review

No abstract provided.

U.S. Practices In Risk Assessment And Risk Management For Product Safety Under Article 2.2 Of The Agreement On Technical Barriers To Trade, Suckhong Ko

LLM Theses and Essays

Article 2.2 of the Agreement on Technical Barriers to Trade (TBT) was applied to the GATT member countries in 1995. This article provides national product safety agencies with requirements for risk assessment and risk management. However, the terms used in the article are broad and open to interpretation. This paper argues that vast discretion and broad terms cannot solve technical barriers effectively; the “minimum requirements” standard within Article 2.2 of the TBT fails to consider those countries whose technology in product safety is inferior to that of developed countries. The United States has some of the strongest product safety measures, …

Transcript (Symposium: Nazis In The Courtroom: Lessons From The Conduct Of Lawyers And Judges Under The Laws Of The Third Reich And Vichy, France)., Ruti G. Teitel

Articles & Chapters

No abstract provided.

Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull

LLM Theses and Essays

As environmental awareness has surged over the last two decades, environmental law has rapidly developed. In both agricultural and industrial countries, the environment is a sensitive and vital area where substantial economic interests are at stake. In the United States, many social, political, and economic reasons have spawned rapid expansion of environmental law. Congress has enacted numerous statutes and empowered federal agencies, primarily the Environmental Protection Agency (EPA), to adopt standards and enforce these new laws. A decade ago, environmental liability was not a major concern for US businesses and was rarely dealt with in commercial contracts. However, the situation …

European Community Law From A U.S. Perspective, George A. Bermann

Faculty Scholarship

Although less than forty years have passed since the founding of the European Economic Community (now the European Community), the lifetime of the Community is well marked temporally. The term of each Commission furnishes a convenient time-line for measuring the Community's progress in legal integration. Since the 1970s, each year has been punctuated by two or more "summit" meetings of heads of state or government. These summits not only are key markings in their own right, but also furnish an occasion for additional monitoring of the Community's state of health. Throughout the 1970s and into the 1980s, the Community submitted …

Forum Selection And Choice Of Law Clauses In International Contracts: A United States Viewpoint With Particular Reference To Maritime Contracts And Bills Of Lading, Phillip A. Buhler

Articles, Book Chapters, & Popular Press

This Article approaches the topic of forum selection from a U.S. perspective. It is reasonable to expect, however, particularly with regard to bills of lading and maritime trade, that the approach of other nations toward international contracts is, or soon will be, very similar. For the sake of simplicity, "choice of law" and "choice of forum" will be addressed together, and referred to as either "choice of forum" or "forum selection." Many contracts only specify a particular forum, while others specify only the application of a particular law. U.S. courts and international conventions have generally taken the same approach to …

Some Effects Of European Law On English Administrative Law, Yvonne Cripps

Indiana Journal of Global Legal Studies

In this article, Dr. Cripps discusses how European law has

affected English law in recent decades, particularly with regard to

the constitutional supremacy enjoyed by the English legislative

branch. She notes the reception by English judges of concepts of

legitimate expectation and proportionality previously recognized in

some European Community nations. Dr. Cripps predicts that the

English bench will be increasingly willing to take European law

into account in their decisionmaking.

Table Of Contents - Cardozo Law Review, Volume 16, Issue 1

Cardozo Law Review

No abstract provided.

Dealing With The Hate: The Changing Face Of German Asylum Law, Steven Edward Grubb

Penn State International Law Review (1982 - 2011)

No abstract provided.

Enterprise Liability For "Environmental Damage" In German Law And Ec Law, Gert Brüggemeier

Cardozo Journal of International and Comparative Law

The article explores the evolution of enterprise liability in German law, emphasizing its shift towards organizational defects and management systems. It highlights the integration of ecoaudits and environmental management systems to enhance protection, blending strict and fault-based liability. While effective in preventing damage, the system faces challenges in addressing environmental harm due to evidentiary burdens on victims.

Efficiency As Equity: Insights From Comparative Law And Economics, Ugo Mattei

UC Law SF International Law Review

No abstract provided.

International Regulation Of Commercial Whaling: The Consequences Of Norway's Decision To Hunt The Minke Whale, Martha Howton

UC Law SF International Law Review

In 1993 Norway announced its intention to resume commercial whaling despite an international whaling moratorium in effect since 1986. This moratorium has been rendered worthless by Norway's insistence that it is within its legal rights, and by the dependence of the International Whaling Commission on the United States to enforce the Commission's decisions. As other whaling countries make plans to follow Norway's lead, it is necessary to find a way to effectively regulate whaling before it results in the extinction of the great whales. This Note explores the background of the International Whaling Commission, analyzes the whaling moratorium and Norway's …

Prometheus Born: Shaping The Relationship Between Law And Economic Conduct, David J. Gerber

All Faculty Scholarship

No abstract provided.

Tropical Forests And Trade Policy: The Legality Of Unilateral Attempts To Promote Sustainable Development Under The Gatt, Brian F. Chase

UC Law SF International Law Review

The troubled relationship between tropical forests and trade policy underscores the broader tension that exists between freer world trade and global environmental protection. Tropical forests are disappearing at alarming rates, yet the international community seems largely unwilling or unable to act. Consequently, individual countries in recent years have shown an increasing willingness to fill this void by imposing environmentally motivated trade restrictions on tropical timber products. In this Article, the author examines the legality under GATT of these unilateral attempts, which have the twin aims of preventing tropical deforestation and promoting sustainable development. The author argues that most current unilateral …

Judging The East Timor Dispute: Self-Determination At The International Court Of Justice, Gerry J. Simpson

UC Law SF International Law Review

In this Article, the author discusses the likely approach of the International Court of Justice to the issue of self-determination for East Timor in the forthcoming case between Portugal and Australia. To this end, the substantive jurisprudence of the Court will be outlined in the area of self-determination. Initially, the existence of a right to selfdetermination is established at international law (and in the work of the Court). Next the application of this principle to East Timor is considered. Third, potential qualifications on this right are discussed. Finally, an inquiry is made into the legal relationship between the people claiming …

Privatization In Brazil, Jose Luis De Salles Freire, Jose Emilio Nunes Pinto

UC Law SF International Law Review

No abstract provided.

Environmental Protection And Privatization: The Allocation Of Environmental Responsibility And Liability In Sale Transactions Of State-Owned Companies In Poland, Susan S. Cummings

UC Law SF International Law Review

Since 1988, Poland has made considerable progress in privatizing its state-owned enterprises. Among many problems involved in the privatization efforts are the issues of liability for environmental damages. Initially, environmental issues were not a central concern to government officials charged with privatization. But as privatization progressed and Western investors raised legitimate questions regarding allocation of environmental liabilities, the Polish government set out a mechanism for considering environmental issues. For example, the Ministry of Privatization and the Ministry of Environmental Protection created the Inter- Ministerial Environmental Unit to coordinate environmental issues in the context of capital privatization.

This Article provides the …

The Czech Republic And Slovakia: Foreign Participation In Changing Economics, Sarah Andrus

UC Law SF International Law Review

The Czech Republic and Slovakia have rapidly enacted legislation in an effort to create positive investment climates. In 1992, what was then Czechoslovakia, or the Czech and Slovak Federal Republic, enacted a comprehensive Commercial Code. After the country split, the Czech Republic and Slovakia maintained the Commercial Code and since have also improved their taxation systems. This Note explores the evolution of their investment legislation since 1988 and discusses the effect that the separation of the Czech and Slovak Federal Republic has had on investment in the two countries. The Note concludes that although the economies of the Czech Republic …

Peace Perspective On The Taiwan United Nations Membership Question, 28 J. Marshall L. Rev. 259 (1994), Walter J. Kendall Iii

UIC Law Review

No abstract provided.

Missiles With A Message: The Legality Of The United States Raid On Iraq's Intelligence Headquarters, John Quigley

UC Law SF International Law Review

In this Article, the author questions the legality of the U.S. missile attack on Iraq's intelligence headquarters in response to the alleged Iraqi attempt to assassinate former U.S. President George Bush. The author concludes that the U.N. Security Council abdicated its responsibility when it failed to investigate Iraq's complaint. While the United States, after the attack, asserted it had acted in self-defense, the author argues that the U.N. Charter's definition of self-defense requires that the initial armed attack upon the defending party actually occur against a state. In this instance, a foiled assassination plot is found by the author to …

Are Money Launderers All Washed Up In The Western Hemisphere--The Oas Model Regulations, Phyllis Solomon

UC Law SF International Law Review

The Western Hemisphere is the home of some of the world's largest money laundering centers. The ability to launder profits has played a significant role in the success of drug trafficking in this region. In spite of these facts, many individual countries still lack laws that criminalize crucial aspects of money laundering. Additionally, many countries have stringent bank secrecy laws that enable drug traffickers to easily hide their illegally acquired funds. So long as stringent banking laws exist in some countries, money laundering operations can thrive. This Note analyzes existing international schemes to combat money laundering. The Inter- American Drug …

Terrorism, Territorial Sovereignty, And The Forcible Apprehension Of International Criminals Abroad, Jimmy Gurule

UC Law SF International Law Review

In United States v. Alvarez-Machain, 112 S. Ct 2188 (1992), the United States Supreme Court held that the nonconsensual abduction of a Mexican citizen from Mexican territory by U.S. law enforcement officers did not violate the U.S.-Mexico extradition treaty. The Supreme Court reaffirmed the long-standing Ker-Frisbie doctrine that jurisdiction over the defendant is not impaired when the defendant is forcibly abducted abroad and is brought before the court, and upheld the Court's jurisdiction over respondent Alvarez- Machain.

The Alvarez-Machain decision has sparked a firestorm of international controversy. The opinion has been denounced by foreign governments throughout Latin America and widely …

Lessons For The European Community From The Indian Experience With Federalism, Shivadev Shastri

UC Law SF International Law Review

As the European Community (EC) moves toward the goal of a unified Europe, it faces the challenge of evolving its institutions to accommodate its vast diversity while providing a foundation upon which a European unity can be fostered. India with a federal system encompassing pluralistic forces as diverse and complex as those of the EC, provides valuable lessons for the EC as the EC embarks upon the road to political and economic union. This Note explores the two different approaches to federalism embodied in EC and Indian efforts. The author compares the institutional features of the two systems, particularly discussing …

Consumer Protection Laws In South America, Robert G. Vaughn

UC Law SF International Law Review

Since 1990, a number of South American countries have adopted comprehensive consumer protection codes. Several more South American countries are currently considering proposals for consumer protection statutes. This Article examines the development of consumer protection provisions in South America and reflects on the reasons giving rise to the recent explosion in such laws. The author evaluates the strengths and weaknesses of various approaches to consumer protection taken by these South American countries. The author argues that the increasing protections for consumers suggests a growing concern for human rights. Finally, the author explores the significance of this rapid growth in South …

Compensation For Japan's World War Ii War-Rape Victims, Karen Parker, Jennifer F. Chew

UC Law SF International Law Review

Approximately 200,000 women were tricked or abducted into slavery to provide sexual services for the Japanese Imperial Army during World War II. After nearly fifty years of silence, a growing number or these war-rape victims have come forward publicly to tell their stories. The authors describe this scheme that was established by the Japanese government and Imperial Army. The authors argue that the scheme violated fundamental principles of international law, thus attaching a right to compensation for the violations. The authors present current initiatives before the United Nations to address the issue of compensation. Examples of viable compensation schemes are …

Rudolf B. Schlesinger: Law Teacher Summa Cum Laude, Ray Forrester

UC Law SF International Law Review

No abstract provided.

Corporatization And Privatization Of State-Owned Enterprises: Some Australian Perspectives, Tony Greenwood, David Williamson, Jim Armitage, Gary Rumble

UC Law SF International Law Review

No abstract provided.

Telecommunications Privatizations: An Overview, Thomas J. Casey, Simone Wu

UC Law SF International Law Review

No abstract provided.

Civil Justice Reform In The United States — Opportunity For Learning From 'Civilized' European Procedure Instead Of Continued Isolation?, Ernst C. Stiefel, James Maxeiner

All Faculty Scholarship

This article reports on present and past efforts at civil justice reform in the United States and assesses the opportunities for learning from Continental models. European jurists have long urged that their American colleagues consider using continental approaches in dealing with the serious problems that afflict the American system of civil justice. A few years back, our colleague Kötz noted that "If there is a desire to reform American civil procedure, either by making changes within the adversary system or by developing alternative methods of dispute resolution, the Continental experience may be well worth studying."

The U.N. Convention On International Bills Of Exchange And International Promissory Notes With Some Comparisons With The Former And Revised Article Three Of The Ucc, Daniel E. Murray

University of Miami Inter-American Law Review

No abstract provided.