Comparative and Foreign Law Commons^™

The Nationality Of Claims Principle Of Public International Law And The Helms-Burton Act, Robert L. Muse

UC Law SF International Law Review

The Helms-Burton act is more than a vehicle for claimants of confiscated Cuban property; it seeks an international moratorium on investment in Cuba to force political change. This use of law to promote foreign policy objectives violates established principles of international law and is at odds with customary government policy.

Mr. Muse argues that the Act violates the nationality of claims principle by providing a right of action in federal courts to Cuban property claimants who were Cuban citizens at the time of confiscation. The vast majority of potential claimants under Title Ill were not U.S. citizens in 1959. Further, …

Judicial Review And Constitutional Stability: A Sociology Of The U.S. Model And Its Collapse In Argentina, Jonathan Miller

UC Law SF International Law Review

A basic trend toward review exercised by a judicial or quasijudicial organ is unquestioned in the modem world today. The most obvious reason for the rise of judicial review is that pluralist societies require a respected institution to resolve disputes over interpretation and application of the rules binding them together. Second, absence of a judicial arbiter risks the transformation of reasonable constitutional disagreements into festering political disputes which threaten the legitimacy of those in power. Third, pluralist societies require organs able to legitimate or disapprove fundamental change when faced with groups prejudiced by the changes.

Despite extensive scholarship on judicial …

United States-Brazil Bilateral Income Tax Treaty Negotiations, Richard Mitchell

UC Law SF International Law Review

Nearly fifty years of intermittent negotiations between the United States and Brazil have failed to produce an income tax agreement acceptable to both nations. Negotiations between the two nations have recently been renewed and the possibility of an acceptable bilateral income tax treaty appears promising. However, two difficult issues remain resolved. The first and traditional sticking point is tax sparing. Brazil would like to see the United States offer tax sparing. In addition, the taxation of fees for technical services has recently emerged as a source of disagreement between the two nations.

This Note will (1) argue that a U.S.-Brazil …

The Fictions Of Latin American Law(Part I), Jorge L. Esquirol

Faculty Publications

No abstract provided.

In Tribute, Richard M. Buxbaum

UC Law SF International Law Review

No abstract provided.

Federal Courts As Weapons Of Foreign Policy: The Case Of The Helms-Burton Act, John Yoo

UC Law SF International Law Review

The Helms-Burton Act's validity must be tested not only against principles of international law and the obligations of international trading agreements, but the statute's use of the federal judiciary. Although the Act may be consistent with jurisdictional principles and agreements such as GATT and NAFTA, it may force federal courts into a role ill-suited for U.S. national security policy and inconsistent with basic constitutional principles.

Professor Yoo argues that whether Helms-Burton violates international law is insignificant to domestic enforcement of Congressional foreign policy objectives. Further, the national security exceptions to GATT and NAFTA provide sufficient latitude to permit the Act's …

The Helms-Burton Act: Inconsistency With International Law And Irrationality At Their Maximum, Luisette Gierbolini

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Down And Dirty In The Global Village: Jack Webb's Guide To International Commercial Litigation, Jeffrey W. Stempel

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Richard B. Lillich: In Service To The United States, Ronald J. Bettauer, David P. Stewart

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Arbitrating Against Foreign Governments, Charles N. Brower

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Richard B. Lillich's Contributions To United Nations Sanctions Enforcement Law, Paul Conlon

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Federal Courts And World Civil Society, Gordon A. Christenson

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Aspects Of The Uncitral Regimes For Procurement And For International Commercial Arbitration, And Government International Commercial Contracts In The Commonwealth Caribbean, Hugh A. Rawlins

Florida State University Journal of Transnational Law & Policy

No abstract provided.

United States' Responsibility For Gross Levels Of Human Rights Violations In Guatemala From 1954 To 1996, Mark Gibney

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Vengeance Is Whose?: The Death Penalty And Cultural Relativism In International Law, James H. Wyman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Merger Control In The United States And European Union: How Should The United States' Experience Influence The Enforcement Of The Council Merger Regulation?, Sergio Baches Opi

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Turbot Wars: Straddling Stocks, Regime Theory, And A New U.N. Agreement, Jamison E. Colburn

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Developing Jurisprudence Of The Rights Of The Child - Contributions Of The Hague Conference On Private International Law, Peter H. Pfund

ILSA Journal of International & Comparative Law

I would like this morning to discuss with you three multilateral treaties produced since 1980 by the international organization known as the Hague Conference on Private International Law

Beyond Marking: Country Of Origin Rules And The Decision In Cpc International, 31 J. Marshall L. Rev. 179 (1997), Donna L. Bade

UIC Law Review

No abstract provided.

Fundamental Rights On The Infobahn: Regulating The Delivery Of Internet Related Services Within The European Union, Patrick G. Crago

UC Law SF International Law Review

The European Union (EU), and its Member States, is currently struggling with the question of if and/or how to regulate the rapidly expanding content and services available over the Internet, an international communications medium. Some Member States are unilaterally acting to regulate the delivery of Internet related services, while other Member States are still debating whether they should regulate. The EU continues to study the issue, proposing that the Member States cooperate together to resolve the issue.

This Note posits that as a result of the uniquely international nature of the Internet, and the cultural, political, and social issues its …

Capital Market Development In The Emerging Markets: Time To Teach An Old Dog Some New Tricks, Celia R. Taylor

Sturm College of Law: Faculty Scholarship

No abstract provided.

Professor Rudolf B. Schlesinger, Mary Kay Kane

UC Law SF International Law Review

No abstract provided.

Professor Rudolf B. Schlesinger, James R. Mccall

UC Law SF International Law Review

No abstract provided.

The Committee On The Regions And The Role Of Regional Governments In The European Union, Naomi Roht-Arriaza

UC Law SF International Law Review

The process of European integration has been accompanied by a movement towards decentralization and devolution of power in many states within the European Union (EU). Subnational governments like L.nder, regions, or autonomous communities are seeking increased participation in the design and implementation of EU policies and in EU-level institutions. This Article explores the role of regions within the EU. It considers why subnational governments have assumed a growing role in European affairs, summarizes the mechanisms available in the most decentralized states for subnational input into EU policy formulation and implementation. It then focuses on the institutional mechanisms devised to allow …

To Judge Between The Nations: Post Cold War Transformations In National Security And Separation Of Powers--Beating Nuclear Swords Into Plowshares In An Imperfectly Competitive World, Antonio F. Perez

UC Law SF International Law Review

This Article describes the conflicting policy interests the U.S. government pursued in relation to its nonproliferation interest, on the one hand, in the security of excess Russian weapons-usable nuclear material and protectionist trade interests, on the other in preventing importation of low-cost Russian uranium and the conditions for privatization of the Government-owned corporation processing uranium for use in nuclear power reactors. The Article draws on recent national security literature to argue that both the nonproliferation and protectionist interests involve national security concerns; it then employs public choice theory to demonstrate that the Executive Branch is more likely than Congress to …

In Tribute, Frederic L. Kirgis

UC Law SF International Law Review

No abstract provided.

The Future Of The Multilateral Trading System In The Context Of Trips, Frederick M. Abbott

UC Law SF International Law Review

The establishment of the World Trade Organization (WTO) and the coming into force of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) creates a new dynamic in the field of the international regulation of intellectual property rights (IPRs). The TRIPS Agreement establishes minimum IPRs protection standards on both the substantive and enforcement levels, and provides a trade-based mechanism for the enforcement of these standards. The World Intellectual Property Organization (WIPO) continues to play a major international IPRs role, serving as a forum for the negotiation of new rules, acting to administer IPRs conventions, and providing technical assistance …

Exporting Ethics: Lessons From Russia's Attempt To Regulate Federal Lobbying, Jason D. Kaune

UC Law SF International Law Review

After the collapse of the Soviet Union, U.S. experts have attempted to assist the Russian Federation in developing legal means to control and regulate lobbying. Faced with rampant corruption and the lack of a democratic tradition, the Russian government must address questions concerning lobbying that have troubled the United States for decades.

Mr. Kaune analyzes the 1995 attempt to export the U.S. model of regulating business-government contracts through a Russian federal law on lobbying. Although that attempt failed, the effort provides a number of lessons about both lobbying in Russia and relations between Russia and the United States.

Reclaiming Our Future: International Efforts To Eliminate The Threat Of Persistent Organic Pollutants, Elizabeth B. Baldwin

UC Law SF International Law Review

The evidence is mounting that persistent organic pollutants ("POPs") are causing increasingly detrimental health and environmental effects around the world and pose a major threat to global biodiversity. Exposure to POPs began with the onset of the chemical age over fifty years ago and has increased steadily with the worldwide distribution of pesticides and fertilizers.

As Ms. Baldwin describes, a concerted international effort is needed to deal with this threat, particularly because POPs banned in one country often find their way to another. In response to this worldwide problem, the international community is attempting to create a binding international instrument …

International Law Rules And Historical Evidences Supporting China's Title To The South China Sea Islands, Jianming Shen

UC Law SF International Law Review

The islands in the South China Sea (Nanhai Zhu Dao), most notably the Xisha Islands (Paracels) and the Nansha Islands (Spratlys), have historically been China's territory. The Chinese people sailed to and discovered the chain of the South China Sea islands more than two thousand years ago. The Chinese dynasties started exercising jurisdiction at the latest in the Song era (960-1127 A.D.). China was the first to discover these islands, the first to name them, the first to engage in fishing and other production activities there, and the first to exhibit control and authority over the area. Given the lack …