Comparative and Foreign Law Commons^™

Sovereignty And Delegation Issues Regarding U.S. Commitment To The World Trade Organization's Dispute Settlement Process, Mari Presley

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The World Trade Organization And States' Rights: Will Foreign Threats Over Massachusetts' Burma Law Lead To A Domsetic Backlash Against International Trade Agreements, Brian Owens

UC Law SF International Law Review

This Note argues that the WTO's current dispute resolution system creates sovereignty tensions between member nations that are afforded a host of protections and their sub-national entities which do not have comparable protections. For example, states and other sub-national governments do not have standing before the WTO. They can neither bring a dispute before the WTO nor defend themselves against an attack on their domestic laws from WTO member nations.

This lose of state sovereignty to binding international agreements is exemplified by Massachusetts, which recently passed a law barring public agencies from doing business with any companies investing in Burma. …

A Comparison Of Protecting The Environmental Interests Of Latin-American Indigenous Communities From Transnational Corporations Under Internation Human Rights And Environmental Law, Maura Mullen De Bolívar

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Syracuse Journal Of International Law And Commerce - Vol. 26, No. 1 (Complete)

Syracuse Journal of International Law and Commerce

No abstract provided.

Structuring European Community Law: How Tacit Knowledge Matters, Pierre Legrand

UC Law SF International Law Review

No abstract provided.

Reconstituted Consonants: The Reach Of A Common Ore Analogy In Human Rights, L. Amede Obiora

UC Law SF International Law Review

No abstract provided.

Comparative Study Of The Divorce Laws In California And The Mexican Federal District, Sharilyn R. Payne

UC Law SF International Law Review

This Note compares the no-fault divorce laws of California with the fault divorce laws of the Mexican Federal District. It looks at the laws themselves, their histories, how they take the family into account, the divorce rates of both areas, and new trends in divorce laws. This study then attempts to determine whether there is any correlation between divorce rates and the difficulty or ease with which a divorce can be obtained. It stresses the need to conduct this type of analysis before rushing to change the law.

Foreign Corrupt Practices Act: Compliance Issues From A German And European Perspective, Andreas G. Junius

ILSA Journal of International & Comparative Law

Corruption has become a major topic of almost daily attention within the media. It has been of varying degrees of concern in different countries. Historic and cultural differences play a role. In some Asian or Arab cultures, for instance, the bakshish mentality is a way of life and is socially accepted.

1997-1998 Survey Of International Law In The Second Circuit

Syracuse Journal of International Law and Commerce

This survey reviews significant case law from the United States Court of Appeals for the Second Circuit, the Federal District Courts in New York, and the New York Court of Appeals decided from Aug. 1, 1997 through Aug. 1, 1998. Only those cases which overturned old law and/or broke new ground were included in this survey. Consequently, cases that simply reaffirmed previous decisions were not reported.

Table of Contents I. Foreign Sovereign Immunity Act II. Forum Non-Conveniens III. Immigration and Nationality Act IV. Quasi-In-Rem Jurisdiction and the Question of Due Process for Foreign Entities V. Warsaw Convention

Saddam Hussein As Hostes Humani Generis? Should The U.S. Intervene?, Edieth Y. Wu

Syracuse Journal of International Law and Commerce

This article discusses several jurisdictional principles which may assist the United States in its efforts to acquire jurisdiction in certain situations that are declared, by the United States, egregious enough to warrant intervention. The United States has long used the "effects doctrine" 1 to assert extraterritorial jurisdiction. This article concentrates on developing and employing the Hostes Humani Generis Theory 2 and its past and possible future use. The central focus is to determine whether the possibility exists that the United States may use the theory in an effort to acquire physical jurisdiction over Saddam Hussein.

A survey, though not comprehensive, …

Current Trends In European Comparative Law: The Common Core Approach, Mauro Bussani

UC Law SF International Law Review

No abstract provided.

Right To Strike: A Comparison Of Canadian And Chinese Law, Tianjiao Yu

LLM Theses

The socialist market economy was written into the Chinese Constitution in 1993. From then on, the Ministry of Labour stopped officially denying the existence of strikes in China. For the past several years, there have been numerous reports of labour unrest. However, there is in no law regulating strikes. Strikes are prohibited in China. This thesis is designed to conduct a comparison of Canadian and Chinese law respecting the right to strike. Chapter I is devoted to analysis of the right to strike under Canadian law in two aspects. The first aspect is the question of whether there is a …

Expansion Of Sec Authority Into Internal Corporate Governance: The Accounting Provisions Of The Foreign Corrupt Practices Act (A Twentieth Anniversary Review), Kathleen A. Lacey, Barbara Crutchfield George

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Toward The Development Of A Caribbean Jurisprudence: The Case For Establishing A Caribbean Court Of Appeal, Roget V. Bryan

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Expropriation Of Alien Property And The Principle Of Non-Discrimination In International Law Of Foreign Investment: An Overview, A. F. M. Maniruzzaman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Internationally Guaranteed Constitutive Order: Cyprus And Bosnia As Predicates For A New Nontraditional Actor In The Society Of States, Thomas D. Grant

Florida State University Journal of Transnational Law & Policy

The purpose of this article is to discuss two state building projects in comparative perspective--one attempted in Cyprus from 1960 to 1963, and another in Bosnia begun in 1995 and still under way. In cooperation with local parties, segments of the international community undertook in both Cyprus and Bosnia to establish constitutive structures that could accommodate mutually antagonistic ethnic groups in a single state and secure a position for the state in international society. Faced with problems similar in several essential aspects, the framers of the Bosnian constitutive structures of 1995, and their forebears in Cyprus in 1960, formulated similar …

Global Environmental Issues: The Genuine Area Of Globalization, Rudolf Dolzer

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Wall Street? Where We're Going We Don't Need Wall Street: Do Securities Regulators Stand A Chance In Cyberspace?, Neil D. Schwartz

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Amalgam In The Americas: A Law School Curriculum For Free Markets And Open Borders, Mark A. Drumbl

Scholarly Articles

Within the context of NAFTA, understanding the legal structure of other signatories requires familiarity with both common law and civil law. Although a fairly large number of civilian lawyers attend LL.M. programs in the United States, few American lawyers learn the civil law, especially the civil law of Mexico and Mexico's Latin American counterparts. Surprisingly, American and Canadian law schools have paid little attention to preparing graduates for the type of transnational legal practice that will arise under NAFTA.A lack of preparedness at the graduate college level has invariably led to “a lack of knowledge on the United States side …

The Protection Of International Investment At The Start Of The Twenty-First Century: Will Anachronistic Notions Of Business Render Irrelevant The Oecd's Multilateral Agreement On Investment, 31 J. Marshall L. Rev. 1201 (1998), Michael P. Avramovich

UIC Law Review

No abstract provided.

Free Speech On The Information Superhighway: European Perspectives, 16 J. Marshall J. Computer & Info. L. 905 (1998), Caroline Uyttendaele, Joseph Dumortier

UIC John Marshall Journal of Information Technology & Privacy Law

This article focuses on the need for free speech legislation on the information superhighway. Two issues are addressed in this article. First, whether additional measures are needed for protecting free speech on the Internet. Second, whether the existing restrictions on free speech are relevant. The information superhighway in the United States is referred as a growing economic interest in information. In contract, the emphasis in Europe lies more on the "information society." In both instances, the government recognizes that the Internet has become a powerful medium of expression. Additionally, the Internet is a true testing ground for regulating the information …

Culture, Chaos And Capitalism: Privitization In Kazakhstan, J. Robert Brown Jr.

Sturm College of Law: Faculty Scholarship

A critical issue in the area of corporate governance and law concerns the differences in legal regimes that arise as a result of culture. Kazakhstan in the 1990s achieved independence from the former Soviet Union and was forced in quick order to put in place a series of laws that allowed a capitalist economy to function. Yet these laws were adopted in a state that had no experience with most aspects of private property. The Kazakh people were nomadic, moving from place to place, with little experience with real property. Personal property was largely limited to what they could carry. …

The New German Internet Law, Lothar Determann

UC Law SF International Law Review

The creation of the Internet and other technological innovations in communications makes the issues and regulations surrounding them of increasingly international proportions. This article discusses the recent German case of Germany v. Felix Somm, which provides an example of the application of the new German Internet law. The new federal and state statutes contain provisions on many of the same topics: the liability of online providers, data protection and protection against violent and pornographic materials. The state statute regulates services that resemble and might eventually replace traditional broadcasting ("Media Services"). The federal law regulates online services that supplement and replace …

Taking Mortgages Interests In Real Property Under The Guarantee Law Of The People's Republic Of China, Brain Y. Lee

UC Law SF International Law Review

In the fall of 1995, the PRC National People's Congress adopted the Guarantee Law, along with other banking legislation, to reform its troubled financial sector. As the first national secured transaction law in the PRC, the Guarantee Law standardizes the process of taking security and provides commercial banks with a legal tool to more effectively exercise credit allocation and debt recovery against defaulting debtors.

This Note focuses on how the newly-enacted Guarantee Law impacts the procedures and process of taking mortgage interests of real property in the PRC. In particular, it explores how the local mortgage laws in Beijing, Guangzhou, …

The Common Core For European Private Law: Presented At The Third General Meeting Of The Trento Project, Hein Kotz

UC Law SF International Law Review

No abstract provided.

Everybody's Talking: The Future Of Comparative Law, P. G. Monateri

UC Law SF International Law Review

No abstract provided.

The Future Of Comparative Law: Public Legal Systems, Clifford Larsen

UC Law SF International Law Review

No abstract provided.

Comparative Law In The New European Community, George A. Bermann

UC Law SF International Law Review

No abstract provided.

The Issue Of European Civil Codification And Legal Scholarships: Biases, Strategies And Development, Ugo Mattei

UC Law SF International Law Review

No abstract provided.

Let Me In, Immigration Man: An Overview Of Intercountry Adoption And The Role Of The Immigration And Nationality Act, Stephanie Zeppa

UC Law SF International Law Review

As the number of intercountry adoptions increases, it becomes important for countries like the United States to address the immigration needs of foreign children entering the country as the sons and daughters of its residents. This note provides an overview of the history of intercountry adoption in the United States. It gives examples of how the intercountry adoption process works, using China and Russia as examples of the complexity of the current process and the interplay between foreign and domestic law. The author also analyzes the impact of the Convention on Protection of Children and Co-operation in Respect of Intercountry …