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Comparative and Foreign Law Commons™

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2003

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Articles 151 - 180 of 273

Full-Text Articles in Comparative and Foreign Law

The Study Of Chinese Law In The United States: Reflections On The Past And Concerns About The Future, Stanley B. Lubman Jan 2003

The Study Of Chinese Law In The United States: Reflections On The Past And Concerns About The Future, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

I am pleased to write in honor of Bill Jones by reflecting here on the study of Chinese law, which has occupied us both since the early 1960s and has since grown far beyond its narrow scope at that time. In the pages that follow, I first survey the development and current state of the field by reviewing American scholarship on some major areas of Chinese law from those early days up to the present. I am also pleased to use this review as a vehicle for noting, in particular, some of Bill's contributions to our inquiries. Some related activities …

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Continuing Fictions Of Latin American Law, Jorge L. Esquirol Jan 2003

Continuing Fictions Of Latin American Law, Jorge L. Esquirol

Faculty Publications

No abstract provided.

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The Origin And Emergence Of International Environmental Norms, Armin Rosencranz Jan 2003

The Origin And Emergence Of International Environmental Norms, Armin Rosencranz

UC Law SF International Law Review

In this symposium essay, I intend to explore the origins and influence of international environmental norms. I believe I can identify twenty norms as either prevailing or rising norms of global environmental law: sic utere tuo ut alienum non laedas (use your property so that the property of others is not damaged); subsidiarity; cultural diversity; the environment is a human right; the common heritage of humankind; environmental impact assessment; intergenerational equity; state sovereignty; the polluter pays principle; active role of civil society and NGOs; notification and consultation; equal access to justice; monitoring, reporting and disclosure; sustainable development; the precautionary principle; …

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International Environmental Justice: Rights And Remedies, Kenneth F. Mccallion Jan 2003

International Environmental Justice: Rights And Remedies, Kenneth F. Mccallion

UC Law SF International Law Review

Although environmental rights are not explicitly enumerated in the Universal Declaration of Human Rights, it has become generally recognized that environmental rights are closely linked with the right to life, which is the most fundamental jus cogens norm, without which no other rights can be exercised. As the environmental crisis has accelerated in the nineteenth and twentieth centuries, constitutional drafters around the globe have explicitly enshrined in their constitutions some form of obligation to protect the environment or other environmental rights. Consequently, states have come to realize the existence of a duty to prevent grave environmental destruction, particularly in the …

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Remedying Past Abuses Of Governmental Power - Legal Accountability For The 1968 Events In Poland, Susanne Starecki Jan 2003

Remedying Past Abuses Of Governmental Power - Legal Accountability For The 1968 Events In Poland, Susanne Starecki

UC Law SF International Law Review

Since the 1968 events in Poland, the Polish government has systematically subjected Polish Jews to degrading treatment, denied them their rights to freedom of religion, denied them their right to the enjoyment of property and engaged in numerous acts of discrimination. The issue of justice and reparations for these Polish Jews must be addressed. This note examines the means Polish Jews may explore to remedy Polish governmental abuses. Due to the absence of applicable domestic laws and reparations by Poland, Polish Jews need to utilize international tribunals, particularly the European Court of Human Rights.

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Responding To Terrorism: How Must A Democracy Do It? A Comparison Of Israeli And American Law, Jonathan Grebinar Jan 2003

Responding To Terrorism: How Must A Democracy Do It? A Comparison Of Israeli And American Law, Jonathan Grebinar

Fordham Urban Law Journal

This Comment compares the Israeli and American laws that sanction controversial responses to terrorism. It discusses criticisms of these laws with respect to human rights violations and how, if at all, the two governments strive to preserve their law's effectiveness without violating international standards. Part I of this comment briefly discusses the origins of terrorism and establishes a universal definition for the word. Part II reviews the history of three Israeli responses to terrorism, including 1) administrative detention, 2) torture, and 3) the demolition of houses; and describes how these tactics are criticized domestically as well as internationally. Part II …

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A Deep Structure Connection: Child Labor And The World Trade Organization, Sara Ann Dillion Jan 2003

A Deep Structure Connection: Child Labor And The World Trade Organization, Sara Ann Dillion

ILSA Journal of International & Comparative Law

I would like to begin my remarks by making two utterly contradictory statements with regard to the relationship, as I see it, between the global phenomenon of child labor, and the World Trade Organization (WTO).

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The Hidden Cost Of Free Trade: The Impact Of United States World Trade Organization Obligations On United States Environmental Law Sovereignty, George Cavros Jan 2003

The Hidden Cost Of Free Trade: The Impact Of United States World Trade Organization Obligations On United States Environmental Law Sovereignty, George Cavros

ILSA Journal of International & Comparative Law

It is well settled that international trade is an integral part of an ever- growing interdependent world economy.

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Una Mirada Adentro De La Republica Dominicana Despues De La Reforma Constitucional De 1994: Un Cambio Beneficioso, Ingrid Suarez Jan 2003

Una Mirada Adentro De La Republica Dominicana Despues De La Reforma Constitucional De 1994: Un Cambio Beneficioso, Ingrid Suarez

ILSA Journal of International & Comparative Law

Un Presidente estaba por encima de la ley. Una Legislatura pasarfa cualquier ley sin pensar en el impacto sobre sus ciudadanos.

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Teaching International Law: Beyond The Law School Experience, Charlotte Ku Jan 2003

Teaching International Law: Beyond The Law School Experience, Charlotte Ku

ILSA Journal of International & Comparative Law

As teachers, it is perhaps natural for us to think about teaching in the classroom context, although this panel is demonstrating the teaching opportunities that may exist outside of a single course or courses in international law.

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The International Criminal Court And The Future Of Legal Accountability, William W. Burke-White Jan 2003

The International Criminal Court And The Future Of Legal Accountability, William W. Burke-White

ILSA Journal of International & Comparative Law

With unexpected speed, the International Criminal Court has become a reality.

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Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law Jan 2003

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

ILSA Journal of International & Comparative Law

Unquestionably, there is growing interest in the subject of international law at several educational levels and among a broad constituency of students.

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The International Criminal Court, National Security, And Compliance With International Law, James C. Kraska Jan 2003

The International Criminal Court, National Security, And Compliance With International Law, James C. Kraska

ILSA Journal of International & Comparative Law

Thank you, Mark, for your kind introduction. The question before the panel today is whether the United States, actions regarding national security over the last year or so are in harmony with international law, or, in the alternative, are the United States, policies on a collision course with international law.

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Building A Common Frontier Or Deconstructing National Identity?: An Analysis Of The Effort To Centralize Control Of Third Country Immigration In The European Union, Catherine E. Halliday-Roberts Jan 2003

Building A Common Frontier Or Deconstructing National Identity?: An Analysis Of The Effort To Centralize Control Of Third Country Immigration In The European Union, Catherine E. Halliday-Roberts

ILSA Journal of International & Comparative Law

Faraway from the frightening attacks on the World Trade Center and the Pentagon, a wall next to a mosque in Northern England reads, "Avenge USA - kill a Muslim now."

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A Change For The Better: An Inside Look To The Judicial Reform Of The Dominican Republic, Ingrid Suarez Jan 2003

A Change For The Better: An Inside Look To The Judicial Reform Of The Dominican Republic, Ingrid Suarez

ILSA Journal of International & Comparative Law

A president above the law. A Legislature that would pass any law, without regard for the impact on its citizens.

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Fusion De General Electric/Honeywell: Decision Antimonopolio De La Comision Europea Golpea Una Nota Agria, Ricky D. Rivers Jan 2003

Fusion De General Electric/Honeywell: Decision Antimonopolio De La Comision Europea Golpea Una Nota Agria, Ricky D. Rivers

ILSA Journal of International & Comparative Law

Aunque la regulaci6n antimonopolio sea justificada sobre las razones neutras de eficacia econ6mica y la protecci6n al consumidor, parece que desde la perspectiva intemacional que las naciones en cambio pueden tomar decisiones acerca del uso de sus leyes antimonopolio basadas en lo que es bueno para la naci6n, al costo de la comunidad global.

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The Impact Of September 11 On Terrorism Insurance: Comparing Senate Bill 2600, House Of Representatives Bill 3210, And The United Kingdom's Pool Re., Andrew S. Neuwelt Jan 2003

The Impact Of September 11 On Terrorism Insurance: Comparing Senate Bill 2600, House Of Representatives Bill 3210, And The United Kingdom's Pool Re., Andrew S. Neuwelt

ILSA Journal of International & Comparative Law

"If insurance is a small world that reflects the purposes of the larger world outside it,"' then the events of September 11 have dealt a devastating blow to both worlds.

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El Costo Oculto Del Comercio Libre: El Impacto De La Organizacion Mundial De Comercio Y Los E.E.U.U. Sobre Las Obligaciones A La Soberania Del Derecho Ambiental De Los E.E.U.U, Jorge Cavros Jan 2003

El Costo Oculto Del Comercio Libre: El Impacto De La Organizacion Mundial De Comercio Y Los E.E.U.U. Sobre Las Obligaciones A La Soberania Del Derecho Ambiental De Los E.E.U.U, Jorge Cavros

ILSA Journal of International & Comparative Law

EstA bien establecido que el comercio internacional es la parte integral de una econornia creciente interdependiente mundial.

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Not Good Enough: India’S Freedom Of Information Bill Has Great Potential To Overhaul The Ills Of Secrecy And Inaccessibility But There Are Inadequacies That Need To Be Addressed, Richard N. Winfield, Sherrell Evans Jan 2003

Not Good Enough: India’S Freedom Of Information Bill Has Great Potential To Overhaul The Ills Of Secrecy And Inaccessibility But There Are Inadequacies That Need To Be Addressed, Richard N. Winfield, Sherrell Evans

Human Rights Brief

No abstract provided.

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Criminalizing Dowry Deaths: The Indian Experience, Judith G. Greenberg Jan 2003

Criminalizing Dowry Deaths: The Indian Experience, Judith G. Greenberg

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Keiken, Tayōsei, Soshite Hō [Experience, Diversity, And The Law], Daniel H. Foote Jan 2003

Keiken, Tayōsei, Soshite Hō [Experience, Diversity, And The Law], Daniel H. Foote

Chapters in Books

This essay was published in 2003, in Japanese, as my contribution to a tribute volume honoring Nozaki Ayako, a Ph.D. candidate at The University of Tokyo who passed away suddenly earlier that year. In an article she published in 1999, Nozaki had offered a thoughtful, perceptive critique of an article I had published four years before, dealing with the resolution of traffic accident disputes in Japan. Her article led me to reflect on the reasons for the difference in our views; and that in turn led to this essay. As indicated in the title, two key themes of this essay …

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United Kingdom And United States Responses To The Regulatory Challenges Of Modern Financial Markets, Heidi Mandanis Schooner Jan 2003

United Kingdom And United States Responses To The Regulatory Challenges Of Modern Financial Markets, Heidi Mandanis Schooner

Scholarly Articles

The modernization of world financial markets over the last 20 years has raised profound regulatory challenges. Our article considers whether the United States' Gramm-Leach-Bliley Act of 1999 (GLB) and the United Kingdom's Financial Services and Markets Act 2000 (FSMA) meet those challenges. We posit that the most compelling regulatory issue is not whether the financial industry should be allowed to consolidate. Rather, we believe that the organization and practices of the regulators, i.e., the question of which agencies regulate which firms and under what set of laws, should be the focal point. We call this an issue of regulatory modernization. …

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Researching English Case Law, Stephen E. Young Jan 2003

Researching English Case Law, Stephen E. Young

Scholarly Articles

No abstract provided.

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Trading In Human Misery: A Human Rights Perspective On The Tampa Incident, Irene Khan Jan 2003

Trading In Human Misery: A Human Rights Perspective On The Tampa Incident, Irene Khan

Washington International Law Journal

The Tampa case does not stand in isolation. It is part of a wider pattern of restrictive asylum policies. To fully understand the significance of the Tampa case, one should go back more than two decades to the exodus of the Vietnamese boat people. Then, as now, boatloads of asylum seekers were pushed away, and refugees were detained on small islands, including, for example, Galang Island in Indonesia. Then, as now, many asylum seekers drowned as their calls of distress went unnoticed or unheeded. In response to this exodus, asylum, as a permanent solution to refugee problems, was diminished with …

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Refugees And Responsibility In The Twenty-First Century: More Lessons Learned From The South Pacific, Guy S. Goodwin-Gill Jan 2003

Refugees And Responsibility In The Twenty-First Century: More Lessons Learned From The South Pacific, Guy S. Goodwin-Gill

Washington International Law Journal

[G]overnments throughout the world have tried to avoid dealing with the difficult questions raised by refugee and related movements. One method is to seek to redefine the problem as one not involving obligation or responsibility. Some governments also use the law in an attempt to limit the scope of their obligations. Another technique . . . is to engage in an exercise of extra-territorial jurisdiction . . . and to seek to justify that practice on the ground that somehow obligations towards refugees need not be observed. States have also tried detention, discriminatory treatment, and denial of other human rights …

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Protection Of Artists' Rights Under The Korean Copyright Law, Chung Hwan Choi, Minsu Kyeong Jan 2003

Protection Of Artists' Rights Under The Korean Copyright Law, Chung Hwan Choi, Minsu Kyeong

Washington International Law Journal

The term "artists" includes film, television ("TV"), stage, and musical actors and actresses ("actors"), pop singers and musicians, dancers, fashion models, and classical musicians. Although the same analysis can be applied to all of the categories above mentioned, this article solely focuses on pop singers and actors. The Copyright Act of Korea ("Copyright Act") defines Siryun ("public performance") as the entertainment activities of artists, and uses Siryunja ("performer") instead of "entertainer" as a legal term for artists.

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The Failure Of Domestic And International Mechanisms To Redress The Harmful Effects Of Australian Immigration Detention, Adrienne D. Mcentee Jan 2003

The Failure Of Domestic And International Mechanisms To Redress The Harmful Effects Of Australian Immigration Detention, Adrienne D. Mcentee

Washington International Law Journal

Australia's Migration Act explicitly permits the government to detain non-citizens seeking entry without visas, including those who request asylum. Detainees wait up to five years for their immigration claims to be processed in detention centers managed by Australasian Correctional Management ("ACM"), a subsidiary of U.S. corporation Wackenhut Corrections. Arriving asylum-seekers often suffer the lasting effects of torture, threats of death, and other traumatic conditions-effects that are exacerbated by detention conditions. This Comment emphasizes detention's effects on children, who suffer health and other problems while detained. Detainees, Australian citizens, and overseas commentators are now protesting against the detention policy. The government's …

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Is It The Beginning Of The Era Of The Rule Of The Constitution? Reinterpreting China's "First Constitutional Case, Shen Kui, Yuping Liu Jan 2003

Is It The Beginning Of The Era Of The Rule Of The Constitution? Reinterpreting China's "First Constitutional Case, Shen Kui, Yuping Liu

Washington International Law Journal

The subject of this article is the so-called "first constitutional case" in China. The Qi Yuling case is, in a sense, the very first time since the foundation of the People's Republic of China that constitutional provisions have been directly invoked by the Supreme People's Court in a civil lawsuit to protect a citizen's right to receive education, one of the fundamental rights protected by the Constitution. The Qi Yuling case, therefore, has given rise to much discussion on issues of judicial interpretation of the Constitution and the Constitution's application in the private domain, as well as the institution of …

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The Disappearance Of The Ultra Vires Doctrine In Greater China: Harmonized Legislative Action Or (Simply) An Accident Of History, Lutz-Christian Wolff Jan 2003

The Disappearance Of The Ultra Vires Doctrine In Greater China: Harmonized Legislative Action Or (Simply) An Accident Of History, Lutz-Christian Wolff

Northwestern Journal of International Law & Business

In the context of company law, the term "ultra vires" is normally used to describe acts that are beyond the scope of the powers of a corporation. Rules concerning ultra vires acts of companies have changed in recent years in mainland China, Taiwan and the Hong Kong Special Administrative Region ("Hong Kong"). It appears that in all of these parts of Greater China, the legal frameworks are now rather similar to each other and seem to resemble the rules that are applied in the Macau Special Administrative Region ("Macau"). This, of course, provokes questions: what are the reasons for these …

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The International Art Auction Industry: Has Competition Tarnished Its Finish, Brenna Adler Jan 2003

The International Art Auction Industry: Has Competition Tarnished Its Finish, Brenna Adler

Northwestern Journal of International Law & Business

I argue that a stronger, more cohesive international regulation specially tailored to the auction industry is required in order to keep auction houses from committing unlawful behavior. Auction houses should not be considered merely businesses. Rather, special regulations are needed--regulations that take into account the unique goods that auction houses sell. Part I of this comment will describe auctioneers' duties to sellers under the law. I will compare and contrast the laws of the United States, the Netherlands, and France and focus on an American case that discusses the breach of an auctioneer's duty to the seller. Part II will …

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