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Articles 1561 - 1590 of 1706

Full-Text Articles in Comparative and Foreign Law

The Role Of The United Nations And Recognition In Sovereignty Determinations: How Australia Breached Its International Obligations In Ratifying The Tmor Gap Treaty, Michael Shane French-Merril Jul 2000

The Role Of The United Nations And Recognition In Sovereignty Determinations: How Australia Breached Its International Obligations In Ratifying The Tmor Gap Treaty, Michael Shane French-Merril

Cardozo Journal of International and Comparative Law

The note examines the International Court of Justice's (ICJ) decision in the *Case Concerning East Timor*, highlighting the tension between factual sovereignty and legal principles in international law. It argues that the ICJ's dismissal of Portugal's case against Australia due to lack of jurisdiction underscored the limitations of international adjudication in resolving sovereignty disputes. The case raises critical questions about the recognition of sovereignty acquired through force, the role of erga omnes obligations, and the UN's role in territorial disputes.

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The Dynamics Of Economic Integration In The Western Hemisphere: The Challenge To America, Alan C. Swan Mar 2000

The Dynamics Of Economic Integration In The Western Hemisphere: The Challenge To America, Alan C. Swan

University of Miami Inter-American Law Review

No abstract provided.

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The Posse Is Coming To Town…Maybe: The Role Of United States Non-Governmental Organizations In Software Anti-Piracy Initiatives As China Seeks Wto Accession, Serri E. Miller Jan 2000

The Posse Is Coming To Town…Maybe: The Role Of United States Non-Governmental Organizations In Software Anti-Piracy Initiatives As China Seeks Wto Accession, Serri E. Miller

ILSA Journal of International & Comparative Law

In 1999, worldwide financial losses to business software piracy were estimated at $12 billion.

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Overcoming Apathetic Internationalism To Generate Hemispheric Benefits: Analysis Of And Arguments For Recent Secured Transactions Laws In Mexico, Hale S. Sheppard Jan 2000

Overcoming Apathetic Internationalism To Generate Hemispheric Benefits: Analysis Of And Arguments For Recent Secured Transactions Laws In Mexico, Hale S. Sheppard

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Sustainable Development: Reevaluating The Trade Vs. Turtles Conflict At The Wto, Virginia Dailey Jan 2000

Sustainable Development: Reevaluating The Trade Vs. Turtles Conflict At The Wto, Virginia Dailey

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Sizing Up The Wto: Trade-Environment Conflict And The Kyoto Protocol, Tania Voon Jan 2000

Sizing Up The Wto: Trade-Environment Conflict And The Kyoto Protocol, Tania Voon

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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E-Commerce And International Political Economics: The Legal And Political Ramifications Of The Internet On World Economies, Chelsea P. Ferrette Jan 2000

E-Commerce And International Political Economics: The Legal And Political Ramifications Of The Internet On World Economies, Chelsea P. Ferrette

ILSA Journal of International & Comparative Law

In the nearly 300 years since the industrial revolution,' the advancement of technology has always aided international business

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Competition Laws Of The European Union In The Face Of The New Single Currency Market, 33 J. Marshall L. Rev. 715 (2000), Rebecca Schoenfeldt Jan 2000

Competition Laws Of The European Union In The Face Of The New Single Currency Market, 33 J. Marshall L. Rev. 715 (2000), Rebecca Schoenfeldt

UIC Law Review

No abstract provided.

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Undp's National Execution Modality: On The Road To Turning The Management Of Development Programmes Over To Programme Governments, Francis M. Ssekandi, Peri Lynne Johnson Jan 2000

Undp's National Execution Modality: On The Road To Turning The Management Of Development Programmes Over To Programme Governments, Francis M. Ssekandi, Peri Lynne Johnson

ILSA Journal of International & Comparative Law

The United Nations Development Programme (UNDP) is the cornerstone of the United Nations efforts in the field of international development cooperation and operates as the central funding and catalytic mechanism of the United Nations development system.

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Cultural Resistance To Global Governance, Joel Richard Paul Jan 2000

Cultural Resistance To Global Governance, Joel Richard Paul

Michigan Journal of International Law

This article maps out the terrain in which state actors and legal scholars make claims premised on a cultural exception to justify derogating from international legal norms. The author’s aim is to understand why some of these claimed cultural practices displace international legal norms, while other practices are dismissed as violating international legal norms. Part II will examine this discourse in relation to the rights of women and sexual minorities. This article will show that the international community generally regards gender norms as cultural and the international legal norm of gender equality usually defers to national cultural practices. Part III …

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Protection Of Intellectual Property Rights And The Impact Of Trips, Sowmiya R.K. Sikal Jan 2000

Protection Of Intellectual Property Rights And The Impact Of Trips, Sowmiya R.K. Sikal

LLM Theses and Essays

This thesis focuses on the importance of intellectual property rights and its protection in the international arena. Coming from a developing country - India, I have always been fascinated with the area of international intellectual property rights protection because of its severe ramification on the economy and the social structure of developing countries. The impact of heightened protection of intellectual property rights has been a controversial issue between developed and developing countries for many years. In this paper, I have examined intellectual property rights, need for its protection, conventions, treaties and agreements present for the protection of intellectual property including …

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Balance-Of-Payments Crises In The Developing World: Balancing Trade, Finance And Development In The New Economic Order, Chantal Thomas Jan 2000

Balance-Of-Payments Crises In The Developing World: Balancing Trade, Finance And Development In The New Economic Order, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

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The Nafta Package And The Environment: A Green Analysis Of Its Origins And Effects, Pedro M. Morales-Gomez Jan 2000

The Nafta Package And The Environment: A Green Analysis Of Its Origins And Effects, Pedro M. Morales-Gomez

LLM Theses and Essays

When the presidential candidate Clinton announced that he would not support NAFTA without environmental and labor side agreements, and during the period before NAFTA's ratification by the American Congress, Mexicans lived in most tense suspense. Even though, the idea of an environmental side agreement seemed to please most environmentalists in Mexico who hoped that this would lead to creating a major environmental conscience in the Mexican government. The purpose of this thesis is to elaborate a critical analysis of the North American Free Trade Agreement, its related documents and their effects concerning the environment, specifically its legal protection. We will …

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Reflections On The Reform Of Antidumping Law A Case Study Of Anti-Dumping Law In The United States, Sung Hwan Kim Jan 2000

Reflections On The Reform Of Antidumping Law A Case Study Of Anti-Dumping Law In The United States, Sung Hwan Kim

LLM Theses and Essays

As of the end of 1997, 29 of the 132 member countries of the WTO had some form of the antidumping regime in operation. Most of the antidumping measures were taken by developed countries, with the United States leading in the number of measures invocated, which lends support to the criticism that the United States has wielded the antidumping law for the purpose of protecting its noncompetitive domestic industry. Attendant to this criticism, and taking the United States antidumping law as a typical model law embodying the Antidumping Agreement, this thesis first looks at the evolution of antidumping law in …

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Taxation Of U.S. Llc With Foreign Participation, Victor Ianovitch Jan 2000

Taxation Of U.S. Llc With Foreign Participation, Victor Ianovitch

LLM Theses and Essays

The instant thesis is organized in three main parts. The first contains an overview of U.S. law including constitutional issues of the topic focusing on the separation of tax powers between federal and state authorities with special attention to the basis and extent to which a State is entitled to impose levies on business organizations; a brief analysis of federal legislation allowing the pass-through regime; and summary concerning LLC legislation in the States. The second analyzes the application of the main, basic principles of international taxation (such as residence, source rules, application of international treaties, and connected with it the …

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International Franchising: Focus On Central And Eastern Europe And Russia, Aksinia Zaharieva Dintcheva Jan 2000

International Franchising: Focus On Central And Eastern Europe And Russia, Aksinia Zaharieva Dintcheva

LLM Theses and Essays

This thesis discusses and analyzes international franchising and its introduction and development in the emerging democracies in Eastern Europe. After a general presentation of the franchise marketing method, the advantages and disadvantages to both parties of the franchise relationship are discussed. Attention is given to the alternatives available to foreign franchisors contemplating international franchising in the Eastern European region. The thesis further reviews the newly enacted foreign investment laws in six Eastern European countries - Hungary, Czech Republic, Poland, Bulgaria, Romania, and Russia - as they relate to the joint venture operations in the region and the attending legal issues. …

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International Joint Ventures Between France And The United States, Alexis Desreumaux Jan 2000

International Joint Ventures Between France And The United States, Alexis Desreumaux

LLM Theses and Essays

This thesis focuses on two markets: France and the United States. Although these markets are competitive in several areas, sometimes some cooperation is needed in order to achieve a successful venture. The focus of this thesis is on two major issues. First, how can an American company, with a French partner, venture in France? And, second, how can a French company "invade" the U.S. market, with the help of a local company? To narrow the focus of this thesis, these " multipartite" joint ventures are to be dealt with. The thesis concerns the joint ventures made from two corporations, one …

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Conflicts Between U.S. Law And International Treaties Concerning Geographical Indications, Christine Farley Jan 2000

Conflicts Between U.S. Law And International Treaties Concerning Geographical Indications, Christine Farley

Scholarly Articles in Law Reviews & Journals

It should not be surprising that the United States is not a major proponent of the protection of geographical indications. Countries that stand to benefit the most from this protection are those that have a long history of traditional industries, such as many European countries. These historical differences may help explain the stance that the United States has taken with regard to the protection of geographical indications, as compared to its stance towards other intellectual property rights negotiated in TRIPs Agreement. But the inability of the U.S. to benefit to the same extent as European countries, because of its apparent …

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An Introduction To The Paris Forum On Transnational Practice For The Legal Profession, Laurel Terry Oct 1999

An Introduction To The Paris Forum On Transnational Practice For The Legal Profession, Laurel Terry

Faculty Scholarly Works

This article focuses on the 1998 Paris Forum on Transnational Practice for the Legal Profession and introduces the papers contained in the Paris Forum Symposium. The Paris Forum was the first meeting of lawyers from around the world devoted solely to the topic of transnational legal practice. Before the Paris Forum, some bar organizations had set aside time during their meetings to discuss the transnational practice of law and issues related to transnational legal services also had been included as topics in general conferences. The multi-day Paris Forum, however, was the first multi-day conference devoted to this topic. This paper …

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International Trade And Commerce: A Bridge For The Israelipalestinian Peace, Amir H. Khoury Apr 1999

International Trade And Commerce: A Bridge For The Israelipalestinian Peace, Amir H. Khoury

Cardozo Journal of International and Comparative Law

The article examines the legal and economic framework governing trade between Israel and the Palestinian Authority (PA), emphasizing the critical role of trade in advancing the peace process. While the Declaration of Principles on Interim Self-Government Arrangements (DOP) and the Economic Protocol established foundational principles for economic cooperation, ambiguities in these agreements and practical challenges, such as border closures, hinder effective trade relations. The article argues that addressing these issues is essential to fostering economic interdependence and mutual benefit, which are key to sustaining peace and coexistence between Israelis and Palestinians.

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Fifty Years Of Disability Law: The Relevance Of The Universal Declaration, Charles D. Siegal Jan 1999

Fifty Years Of Disability Law: The Relevance Of The Universal Declaration, Charles D. Siegal

ILSA Journal of International & Comparative Law

This discussion is about the relevance of the Universal Declaration to disability rights law. There has been a good deal of discussion historically about the status of the Declaration.

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The Importance Of The Universal Declaration Of Human Rights In The Past And Future Of The United Nation's Human Rights Efforts, Elsa Stamatopoulou Jan 1999

The Importance Of The Universal Declaration Of Human Rights In The Past And Future Of The United Nation's Human Rights Efforts, Elsa Stamatopoulou

ILSA Journal of International & Comparative Law

After fifty years since the adoption of the Universal Declaration of Human Rights [hereinafter UDHR] it is legitimate to ask whether the UDHR is at the root of all the positive international action in the last five decades.

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The Capacity Of Chinese Enterprises To Engage In Foreign Trade: Does Restriction Help Or Hinder China's Trade Relations?, Mark Williams, Zhong Jianhua Jan 1999

The Capacity Of Chinese Enterprises To Engage In Foreign Trade: Does Restriction Help Or Hinder China's Trade Relations?, Mark Williams, Zhong Jianhua

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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The Precedent Setters: De Facto Stare Decisis In Two Adjudication (Part Two Of A Trilogy), Raj Bhala Jan 1999

The Precedent Setters: De Facto Stare Decisis In Two Adjudication (Part Two Of A Trilogy), Raj Bhala

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Foreign Trade Regulation Of Korea In The Wto World, Eun Sup Lee Jan 1999

Foreign Trade Regulation Of Korea In The Wto World, Eun Sup Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies Jan 1999

Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies

UIC John Marshall Journal of Information Technology & Privacy Law

The right to privacy is one of the most fundamental rights recognized. References to privacy date back to ancient Greece and China. Rapid advances in information technology and high-speed data networks have had an enormous impact on privacy. Today, personal medical and financial information can easily be transmitted with and without the one knowing. Can privacy law keep up with these changes and challenges? Privacy advocates are concerned. Nearly every country in the world has some form of privacy provision in its constitution. However, the definition of privacy differs from context and environment. The authors chronicle the status of privacy …

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Anti-Piracy Law In The Year Of The Ocean: Problems And Opportunity, Samuel Pyeatt Menefee Jan 1999

Anti-Piracy Law In The Year Of The Ocean: Problems And Opportunity, Samuel Pyeatt Menefee

ILSA Journal of International & Comparative Law

This is an appropriate, if perhaps unexpected, coda to a centennium which feathured [irate expert Philip Gosse's optimistic assertion that "[t]he end of piracy, after centuries, was brought about by public feeling, backed up by the steam-engine and telegraph."

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Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith Jan 1999

Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith

UIC Law Review

No abstract provided.

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Africa And Her Charter On Human And Peoples' Rights -Notyet "Ominira", Thomas Adeoye Olugbemiga Fawole Jan 1999

Africa And Her Charter On Human And Peoples' Rights -Notyet "Ominira", Thomas Adeoye Olugbemiga Fawole

LLM Theses and Essays

It is in the light of the foregoing that we intend in this thesis to examine the state of human rights in Africa. It would be the province of the thesis to find out how far the African Charter on Human and Peoples' Rights has enhanced the independence of the various African countries and improved on the quality of the rights enjoyed by the citizenry. While Chapter 2 deals with human rights in precolonial Africa, human rights in "modern day" Africa, i.e. from the colonial era, are dealt with in Chapter 5. Treating human rights under colonial rule and human …

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Cross-Border Bank Branching Under The Nafta: Public Choice And The Law Of Corporate Groups, Eric J. Gouvin Jan 1999

Cross-Border Bank Branching Under The Nafta: Public Choice And The Law Of Corporate Groups, Eric J. Gouvin

Faculty Scholarship

This Article examines a question left unresolved after the negotiation of the North American Free Trade Agreement (NAFTA): whether the banks of the member countries should be permitted to engage in the business of banking in the other member countries simply by branching across national borders. Under present law, the United States permits branching subject to extensive restrictions, while Canada and Mexico permit access to their banking markets only by acquisition or establishment of institutions chartered in their countries. While the NAFTA does not provide for unfettered branching across national borders, article 1403(3) of the NAFTA left the issue of …

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