Comparative and Foreign Law Commons^™

The Transformation Of The Israeli Bankruptcy System As A Reflection Of Societal Changes, Rafael Efrat

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Conflicts Of Law And Policy In The Caribbean -- Human Rights And The Enforcement Of The Death Penalty -- Between A Rock And A Hard Place, David A. C. Simmons

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Lloyd's Of London And The Problem With Federal Diversity Jurisdiction, Howard M. Tollin, Mark Deckman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

How Well Can International Water Allocation Regimes Adapt To Global Climate Change?, A. Dan Tarlock

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Standing And Climate Change: Can Anyone Complain About The Weather?, David R. Hodas

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Cisg And The Problem With Common Law Jurisdictions, Monica Kilian

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Review Essay: Martin Van Creveld,* The Rise And Decline Of The State (Cambridge: Cambridge University Press, 1999), Thomas D. Grant

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Falling Into The Gap: The European Union's Data Protection Act And Its Impact On U.S. Law And Commerce, 18 J. Marshall J. Computer & Info. L. 981 (2000), Marie Clear

UIC John Marshall Journal of Information Technology & Privacy Law

The European Union ("E.U.") has been economically consolidating for some time, but the US appeared to feel this new composite player was relatively benign. In the past few years, though, the E.U. Has started asserting itself and setting rules in the game of international commercial gamesmanship. Until recently, the rules were limited to specific products and practices. This year, however, the E.U. changed the rules about how it would do business and, more significantly, how it would not. The E.U.'s Data Protection Directive came into force early in 2000 and presented the US with a huge dilemma: If the US …

Nuclear Testing Rocks The Sub-Continent: Can International Law Halt The Impending Nuclear Conflict Between India And Pakistan, Grant Guthrie

UC Law SF International Law Review

The nuclear tests conducted by India and Pakistan in 1998 have given rise to a concern that the historic conflict over Kashmir might suddenly erupt into a war involving nuclear weapons.

This Note evaluates the relationship between the testing and the development of nuclear weapons under international law. It analyzes two aspects of international law that prohibit the future testing and development of nuclear weapons: (1) customary international law and (2) traditional and new customary international environmental law. This Note concludes by pointing out that the nations that will acquire nuclear capabilities in the near future may not have the …

Judicial Education And Training In Asia And The Pacific, J. Clifford Wallace

Michigan Journal of International Law

This article first explains the chart in Appendix II, which summarizes important parts of the survey responses. Then, some general observations are made based on the results of the survey illustrating the significance of the compiled data. Finally, some recommendations are made, based upon the author's and others' experience, about the future direction of judicial education and training programs as it relates to establishing or reforming such programs in the Asia/Pacific region and beyond.

Comparative Dynamics Of Private Sector Influence On Domestic Trade Policy And Propensity For Enhanced International Cooperation, Robert Bejesky

ILSA Journal of International & Comparative Law

The framework of the international trading system is essentially a struggle between: 1) international cooperation substantiated by the dominant economic premises of comparative advantage, which the adherence to which begets more acceptance of freer international trade, and 2) collective group responses to economic impacts of trade within the restraints of respective political institutions of a country.

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

Labor Law And Industrial Peace: A Comparative Analysis Of The United States, The United Kingdom, Germany, And Japan Under The Bargaining Model, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

In this Article, Professor Dau-Schmidt provides a comparative analysis of the labor laws of the United States, the United Kingdom, Germany, and Japan for the purposes of identifying which characteristics of a country's labor laws are likely to reduce strike incidence and intensity and promote industrial peace. To identify which characteristics of a country's law are likely to encourage industrial peace, Professor Dau-Schmidt presents game theory arguments based on his analysis of unions and collective bargaining. Dau-Schmidt then provides a simple empirical test as to the relative success of different countries' laws in advancing industrial peace by comparing data on …

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.

The Perils Of Pinochet: Problems For Transnational Justice And A Supranational Governance Solution, Antonio F. Perez

Scholarly Articles

No abstract provided.

Foreword: The Rocky Road Toward The Rule Of Law In China: 1979-2000, James Hugo Friend

Northwestern Journal of International Law & Business

This Twentieth Anniversary Issue of JILB again has a symposium on law in China entitled China Revisited: Examining the Rule of Law After Twenty Years." The impetus for the 2000 China Symposium is the unprecedented integration of China into the world economic community, evidenced by China's imminent entry into the World Trade Organization ("WTO").2 The road to China's integration into the WTO was paved by the U. S. Senate's recent vote, "the most significant advance in U.S.-China relations since President Nixon's 1972 visit,'13 which grants China permanent normalized trade relations without annual Congressional review. Although the Senate approval was expected, …

The Misappropriation Theory Under The Chinese Securities Law - A Comparative Study With Its U.S. Counterpart, Wenyan Ma

Richmond Journal of Global Law & Business

The first stock exchange in China, the Shanghai Stock Exchange, opened n December 1990. Since then, China’s securities market has been a journey of unprecedented development. However, the fledgling securities market is troubled by rampant securities fraud, evidence by Chinese officials’ open admission that investment in China’s securities market is very risky because of fraud and corruption. After a tortuous six-year drafting process, on December 29, 1998, the Chinese parliament passed the country’s first national Securities Law (“the Chinese Securities Law”), hoping to regulate the overwhelming fraud and corruption in China’s securities market. The Chinese Securities Law devoted one entire …

Jurisdiction And The Internet: The "Real World" Meets Cyberspace, Michael Gilden

ILSA Journal of International & Comparative Law

In a world where global communications are increasingly dependent on the Internet,' traditional geographic and territorial borders are disappearing, leaving in their wake important and unanswered questions.

2000 Philip C. Jessup, J. Michael Allen Iii, Elizabeth Bosquet, Kristi L. Deason, David R. Pruet

ILSA Journal of International & Comparative Law

The State of Kuraca and the Republic of Senhava have submitted their differences concerning the vaccine trials to the International Court of Justice for resolution through a Special Agreement, in accordance with Article 40(1) of the Statute of the International Court of Justice.

2000 Philip C. Jessup, Alfian Yasrif Kuchit, Sarah Sani, Foo Meng Yeen, Mohd Arif Absul Hamid, Edora Ahmad

ILSA Journal of International & Comparative Law

The Governments of the State of Kuraca and the Republic of Senhava have recognized as compulsory ipsofacto in relation to any other State accepting the same obligation, the jurisdiction of the International Court of Justice in accordance with Article 36, paragraph 2.

Taxation In The Republic Of Armenia: An Overview And Discussion From The Perspectives Of Law, Economics And Ethics, Robert W. Mcgee

ILSA Journal of International & Comparative Law

Like many economies in transition, the Republic of Armenia is in the process of adopting market-oriented policies and laws.

Where On Earth Does Cyber-Arbitration Occur?: International Review Of Arbitral Awards Rendered Online, Tiffany J. Lanier Esq.

ILSA Journal of International & Comparative Law

As international commerce continues to increase in online volume, so to will disputes arising out of that online commerce.

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.

"Draconian" Yet Constitutional: The Republic Of Ireland's Offences Against The State Act (1998), Sean R. Elsbernd

UC Law SF International Law Review

On August 15, 1998, a terrorist bomb exploded in Omagh, County Tyrone, Northern Ireland. The 500-pound bomb, which detonated in the main marketplace of the city, killed twenty-eight people and injured more than 200 others. Following the tragedy, Ireland's Prime Minister Ahern pledged to bring those responsible to justice by making certain amendments to the Offences Against the State Act of 1939.

This Note discusses whether the Prime Minister and the government of the Republic of Ireland succeeded in this task, and if their efforts conform to the Irish Constitution and the European Convention on Human Rights.

Application Of The Elements Of Torture And Other Forms Of Ill-Treatment, As Defined By The European Court And Commission Of Human Rights, To The Incidents Of Domestic Violence, Ela Grdinic

UC Law SF International Law Review

Domestic violence has not traditionally been considered a type of torture. In fact, until recently, many European countries did not even have laws to protect women from domestic assault. However, the development of concepts in international law such as the individual right to petition, the positive obligations of states, the absolute character of certain rights, and the expansion of the application of state responsibility for the acts of private individuals, all provide fertile ground for the recognition of domestic violence as a human rights issue.

This Article argues that incidents of domestic violence in fact satisfy the criteria imposed by …

Holding Up Half The Sky But Not Allowed To Hold The Ground: Women's Rights To Inherit And Own Land In Hong Kong And The People's Republic Of China, Nora E. Sheriff

UC Law SF International Law Review

The rights of women to inherit and own land differ in the New Territories in Hong Kong and Jiangxi in China. The history of the two nations explains many of the differences and similarities regarding women's rights. As Hong Kong and China meld into one nation with two systems, inevitable changes to those rights will occur.

This Note surveys the general perceptions regarding human and women's rights in Great Britain, Hong Kong and China. Also, the Note explores international treaties that affect women's rights with special attention to the participation of both Hong Kong and China. Each nation's internal laws …

The Political Economy Of Nafta Chapter Eleven: Equality Before The Law And The Boundaries Of North American Integration, Frederick M. Abbott

UC Law SF International Law Review

No abstract provided.

Arbitration Under Nafta Chapter Eleven: Some Pragmatic Reflections Upon The First Case Filed Against Mexico, Clyde C. Pearce, Jack Coe Jr.

UC Law SF International Law Review

No abstract provided.