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Full-Text Articles in Comparative and Foreign Law

Desarrollo Immobilliario En Cuba: Presente Y Futuro, Antonio R. Zamora Jan 2009

Desarrollo Immobilliario En Cuba: Presente Y Futuro, Antonio R. Zamora

ILSA Journal of International & Comparative Law

Durante los filtimos veinte afios el gobierno de Cuba se ha enfrentado con dos importantes retos que amenazaron seriamente su supervivencia.


Custom As A Source Of Law: Argentinean And Comparative Legal Systems, German Savastano Jan 2009

Custom As A Source Of Law: Argentinean And Comparative Legal Systems, German Savastano

ILSA Journal of International & Comparative Law

The purpose of this article is to reflect on custom as a source of law in the Argentinean and comparative legal systems.


Real Estate Development In Cuba: Present And Future, Antonio R. Zamora Jan 2009

Real Estate Development In Cuba: Present And Future, Antonio R. Zamora

ILSA Journal of International & Comparative Law

During the last twenty years, the Cuban government has faced two very significant challenges that have seriously threatened its survival.


Comentarios Sobre Las Reformas Del Ano 2008 Al Sector Energetico Mexicano, Antonio Riva Palacio Lavin Jan 2009

Comentarios Sobre Las Reformas Del Ano 2008 Al Sector Energetico Mexicano, Antonio Riva Palacio Lavin

ILSA Journal of International & Comparative Law

Desde inicios del milenio, en Mxico se vivi6 una fuerte discusi6n sobre la reforma legal del sector energ6tico; en particular en torno a Petr6leos Mexicanos (Pemex).


International Court Of Justice, The Republic Of Adova, The State Of Rotania Jan 2008

International Court Of Justice, The Republic Of Adova, The State Of Rotania

ILSA Journal of International & Comparative Law

Pursuant to the Joint Notification and Compromis concluded on 28 September 2007, including the Corrections and Clarifications agreed to therein, at Chicago, Illinois, United States of America between the Republic of Adova and the State of Rotania (collectively "the Parties"), and in accordance with Article 40(1) of the Statute of the International Court of Justice, the Parties hereby submit to this Court its dispute concerning certain criminal proceedings in Adova and Rotania.


The Canadian Position: Can Parties To An Arbitration Agreement Vary The Statutory Scope Of Judical Review Of The Award?, Barry Leon, Laila Karimi, Torys Llp Jan 2008

The Canadian Position: Can Parties To An Arbitration Agreement Vary The Statutory Scope Of Judical Review Of The Award?, Barry Leon, Laila Karimi, Torys Llp

ILSA Journal of International & Comparative Law

The U.S. Supreme Court issued its decision in Hall Street Associates, L.L.C. v. Mattel, Inc. on March 28, 2008


Executive Summary: Thawing A Frozen Conflict: Legal Aspects Of The Separatist Crisis In Moldova, Special Committee On European Affairs Of The New York City Bar Jan 2008

Executive Summary: Thawing A Frozen Conflict: Legal Aspects Of The Separatist Crisis In Moldova, Special Committee On European Affairs Of The New York City Bar

ILSA Journal of International & Comparative Law

Moldova is the poorest country in Europe and it is enmeshed in a seemingly intractable separatist conflict involving ethnic tensions, Russian troops, Soviet-era arms stockpiles, smuggling, money-laundering, and corruption.


The International Lease As A Legal Instrument Of Conflict Resolution: The Shab'a Farms As A Prototype For The Resolution Of Territorial Conflicts, Noemi Gal-Or, Michael J. Strauss Jan 2008

The International Lease As A Legal Instrument Of Conflict Resolution: The Shab'a Farms As A Prototype For The Resolution Of Territorial Conflicts, Noemi Gal-Or, Michael J. Strauss

ILSA Journal of International & Comparative Law

The Shab'a Farms have been considered the linchpin in the Hizb' Allah rhetoric to destabilize the Israel-Lebanon-Syria relationship


Global Administrative Law: Global Governance Of The Global Positioning System And Galileo, Sang Wook Daniel Han Jan 2008

Global Administrative Law: Global Governance Of The Global Positioning System And Galileo, Sang Wook Daniel Han

ILSA Journal of International & Comparative Law

The Global Positioning System (GPS) is a space-based positioning, navigation and timing (PNT) system originally developed by the Depart- ment of Defense of the United States government in early 1970s.1


Introductory Note: A Perspective On Pakistan's Chief Justice, Judicial Independence, And The Rule Of Law, Joel A. Mintz Jan 2008

Introductory Note: A Perspective On Pakistan's Chief Justice, Judicial Independence, And The Rule Of Law, Joel A. Mintz

ILSA Journal of International & Comparative Law

On May 10, 2008, at our law school's graduation ceremony, Nova Southeastern University conferred an honorary Doctor of Laws degree on the Chief Justice of the Supreme Court of Pakistan, Iftikhar Muhammad Chaudhary.


No End In Sight: The Effect Of The Boumediene Decision On Detainees Held By The United States At Guantanamo Bay, Cuba, Connie Kaplan Jan 2008

No End In Sight: The Effect Of The Boumediene Decision On Detainees Held By The United States At Guantanamo Bay, Cuba, Connie Kaplan

ILSA Journal of International & Comparative Law

Imagine that you are looking for a better life. You immigrate to a new country and fourteen years later you become a citizen.


The Need For Judicial Activism Acceptance Speech, Dr. Tariq Hassan Jan 2008

The Need For Judicial Activism Acceptance Speech, Dr. Tariq Hassan

ILSA Journal of International & Comparative Law

Honorable President, Dean of the Shepard Broad Law Center, members of the faculty, respected students, distinguished guests, ladies and gentlemen.


Extraterritorial Jurisdiction In Civil, Commercial, And Investment Matters, Anibal Sabater Jan 2008

Extraterritorial Jurisdiction In Civil, Commercial, And Investment Matters, Anibal Sabater

ILSA Journal of International & Comparative Law

Extraterritorial jurisdiction can be defined as a government's ability to adjudicate disputes involving individuals who are located and/or events that have taken place in anotherjurisdiction, including acts and omissions of foreign officials.


Taxation As A Global Socio-Legal Phenomenon, Allison Christians, Steven Dean, Diane Ring, Adam H. Rosenzweig Jan 2008

Taxation As A Global Socio-Legal Phenomenon, Allison Christians, Steven Dean, Diane Ring, Adam H. Rosenzweig

ILSA Journal of International & Comparative Law

This essay makes a proposal that may not be controversial among those with a particular interest in international law, but may be less accepted among those primarily interested in tax law: that international social and institutional structures shape, and are shaped by, historical and contemporary domestic policy decisions.


Can A State Or A Head Of State Claim The Benefit Of Immunities In Case An International Crime Has Been Committed?, Brigitte Stern Jan 2008

Can A State Or A Head Of State Claim The Benefit Of Immunities In Case An International Crime Has Been Committed?, Brigitte Stern

ILSA Journal of International & Comparative Law

I propose to deal with a topic which is at the crossroads of what I see as the main tension in international law today. This is the tension-not to say more-between state sovereignty, on one side, and the protection of the human rights of individuals on the other.


The Ethical Trade In Cultural Property: Ethics And Law In The Antiquity Auction Industry, Kimberly L. Alderman Jan 2008

The Ethical Trade In Cultural Property: Ethics And Law In The Antiquity Auction Industry, Kimberly L. Alderman

ILSA Journal of International & Comparative Law

This article considers from an ethical perspective the role that auction houses play as facilitators of the illicit antiquity trade


The Private Military Company-Unravelling The Theoretical, Legal & Regulatory Mosaic, Benedict Sheehy, Jackson N. Maogoto Jan 2008

The Private Military Company-Unravelling The Theoretical, Legal & Regulatory Mosaic, Benedict Sheehy, Jackson N. Maogoto

ILSA Journal of International & Comparative Law

"Our economic analysis has disclosed the fact that it is only the interests of competing cliques of business men-investors, contractors, export manufacturers, and certain professional classes-that are antagonistic; that these cliques, usurping the authority and voice of the people, use the public resources to push their private interests, and spend the blood and money of the people in this vast and disastrous military game, feigning national antagonisms which have no basis in reality."'


Evaluating Imf Crisis Prevention As A Matter Of Global Justice, Frank J. Garcia Jan 2008

Evaluating Imf Crisis Prevention As A Matter Of Global Justice, Frank J. Garcia

ILSA Journal of International & Comparative Law

The previous speaker, Jonathan Fried, masterfully outlined the International Monetary Fund (Fund or IMF)'s recent policy reform efforts, in particular its shift towards crisis prevention, as only an IMF Executive Director could.'


The Energy Charter Treaty: An Overview, Lucy Reed, Lucy Martinez Jan 2008

The Energy Charter Treaty: An Overview, Lucy Reed, Lucy Martinez

ILSA Journal of International & Comparative Law

This article briefly discusses the substantive protections of the Energy Charter Treaty (ECT) (Section I, infra), the ECT's dispute resolution provisions (Section II, infra), and the ECT arbitral jurisprudence to date, including composition of ECT tribunals (Section III, infra).


Re-Examining International Responsibility: "Complicity" In The Context Of Human Rights Violations, John Cerone Jan 2008

Re-Examining International Responsibility: "Complicity" In The Context Of Human Rights Violations, John Cerone

ILSA Journal of International & Comparative Law

Recent events have focused the attention of international jurists on international responsibility for complicit conduct.


From The United Nations Arms Register To An Arms Trade Treaty-What Role For Delegation And Flexibility?, Cristiane Carneiro Jan 2008

From The United Nations Arms Register To An Arms Trade Treaty-What Role For Delegation And Flexibility?, Cristiane Carneiro

ILSA Journal of International & Comparative Law

The scholarship on conventional disarmament, especially vis-A-vis the trade in conventional weapons, is surprisingly scarce.


Strategy In International Litigation, John Fellas Jan 2008

Strategy In International Litigation, John Fellas

ILSA Journal of International & Comparative Law

The choice of forum in international litigation-which country's courts will hear the dispute--can be outcome determinative.


The Cards As A Payment Method And As A Financial Service In Spain: The Responsibility System, Immaculada Barral Vinals Jan 2008

The Cards As A Payment Method And As A Financial Service In Spain: The Responsibility System, Immaculada Barral Vinals

ILSA Journal of International & Comparative Law

It is not uncommon to hear credit cards referred to as "plastic money".


Multinational Corporations As Objects And Sources Of Transnational Regulation, Larry Cata Backer Jan 2008

Multinational Corporations As Objects And Sources Of Transnational Regulation, Larry Cata Backer

ILSA Journal of International & Comparative Law

It was my great pleasure to participate in the 2007 International Law Weekend organized in New York City by the American Branch of the International Law Association and held at the House of the Association of the Bar of the City of New York on October 25-27, 2007


Beyond Sovereignty? The State After The Failure Of Sovereignty, Eric Engle Jan 2008

Beyond Sovereignty? The State After The Failure Of Sovereignty, Eric Engle

ILSA Journal of International & Comparative Law

Sovereign state power, absolute and unlimited, were supposed to guarantee the lives and property of citizens. Instead, states became vectors for mass violence.


A Primer On International Environmental Law: Sustainability As A Principle Of International Law And Custom, Mark S. Blodgett, Richard J. Hunter, Hector R. Lozada Jan 2008

A Primer On International Environmental Law: Sustainability As A Principle Of International Law And Custom, Mark S. Blodgett, Richard J. Hunter, Hector R. Lozada

ILSA Journal of International & Comparative Law

International environmental law draws from two important sources: international treaties and conventions' and customary international law.


Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law Jan 2008

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.


An Overview Of The Doctrine Of The Piercing Of The Corporate Veil As Applied By Latin American Countries: A U.S. Legal Creation Exported To Civil Law Jurisdictions, Joseph Mauricio Bello Jan 2008

An Overview Of The Doctrine Of The Piercing Of The Corporate Veil As Applied By Latin American Countries: A U.S. Legal Creation Exported To Civil Law Jurisdictions, Joseph Mauricio Bello

ILSA Journal of International & Comparative Law

Piercing the corporate veil is a doctrine created within the United States (U.S.) common law system.


Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law Jan 2008

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.


The Survival Of The United States Ethanol Subsidies And Tariff: Are There Further Reasons To Keep Them On The Books?, Yuri De Lima Mantilla Jan 2008

The Survival Of The United States Ethanol Subsidies And Tariff: Are There Further Reasons To Keep Them On The Books?, Yuri De Lima Mantilla

ILSA Journal of International & Comparative Law

On May 21 st, 2008, President George W. Bush vetoed the 2007 Farm Bill claiming that it "continues subsidies for the wealthy" and is inconsistent with the United States (U.S.) "objectives in international trade negotiations."'