Comparative and Foreign Law Commons^™

The Rise And Fall Of The U.N. Charter's Use Of Force Rules, Michael J. Glennon

UC Law SF International Law Review

American policy makers and international lawyers sit in a parallel universe. Policy makers determine whether to use force in any given situation by examining the costs and benefits. International lawyers engage in legal analysis, which rarely plays a role in the policy makers' decisions. This paper examines three different elements of American foreign policy: (1) the American foreign policy objectives, (2) the means by which those objectives are pursued, and (3) the way in which the United States should deal with a world in which the U.N. collective security system has collapsed.

The European Free Trade Association Court And Positive Action, Thomas Trelogan, Steve Mazurana, Paul Hodapp

UC Law SF International Law Review

"Affirmative Action" in the United States, "Positive Action" in Europe. Although Europeans and Americans have both enacted laws to prevent discrimination based on gender, the differences have been in more than just name. In this introduction to "positive action" law, the authors provide an overview of the European Court of Justice, the European Free Trade Association Court, and how disputes over positive action are resolved in Europe. The authors then conclude with a discussion of a representative positive action case.

Can't We Enlarge The Blanket And The Bed - A Comparative Analysis Of Positive/Affirmative Action In The European Court Of Justice And The United States Supreme Court, Thomas Trelogan, Steve Mazurana, Paul Hodapp

UC Law SF International Law Review

In a time when race-based affirmative action is the focal discrimination issue in the United States, the subject of gender equality runs the risk of stagnation. The authors return the attention to sex-based affirmative action by examining the arguments for and against European positive action plans, and several of the resulting European Court of Justice cases. The authors conclude with a comparison to similar gender-based discrimination laws in the United States, and a discussion of the similarities and differences of the two systems.

De Facto Abandonment Of Territoriality: Protection Of (Not-So-) Well-Known Foreign Trademarks In Japan And The United States, Ryota Charles Goto

UC Law SF International Law Review

In an ever-more interconnected world, it becomes increasingly important for a business to protect its trademark on a global scale. Japanese Trademark law Article 4(1)(xix), combined with other provisions, has proven to be generally effective in defending the rights of foreign trademark owners. On the other hand, U.S. law regarding the protection of foreign trademarks has remained surprisingly and disappointingly static. The author proposes that Person's v. Christman be overruled and that a provision identical or similar to Japanese Trademark Law Article 4(1)(xix) be adopted.

Descent Into Authoritarianism: Barriers To Constitutional Rule In Belarus, Eric R. Reed

UC Law SF International Law Review

The switch from authoritarianism to constitutional democracy has found varying levels of success in the former Soviet republics. Belarus, under President and former collective farm manager Alexander Lukashenka, has reverted from a promising democracy back to an authoritarian regime. This note begins with the historical underpinnings of Belarus' democratic collapse, and then examines the political, social, and judicial factors that contributed. The author concludes with a discussion of how Belarus might regain its democratic footing.

A Toothless Tiger: President Uribe's Proposed Amnesty Bill, Sarah R. Sandford-Smith

UC Law SF International Law Review

On August 21, 2003, Colombian President Alvaro Uribe presented a bill that would permit certain paramilitary and guerilla leaders to avoid prison for gross human rights violations. These individuals would merely have to pay a fee - as reparations to the victims and their families. This note begins by discussing the history behind the bill, and then looks at two possible alternatives: a United Nations truth commission and jurisdiction by the International Criminal Court. The author concludes by suggesting that a truth commission would be the best solution.

Re-Characterizing Abortion In Nigeria: An Appraisal Of The Necessity Test, Victor Nnamdi Opara

ILSA Journal of International & Comparative Law

The Nigerian criminal jurisprudence prohibits abortion in all instances except when necessary to save the life of a woman.

Litigating Humanrights Abuses In United States Courts: Recent Developments, Elizabeth F. Defeis

ILSA Journal of International & Comparative Law

During the last quarter of a century, litigation in United States courts to address human rights abuses that occur beyond the shores of the United States has increased dramatically.

American And Caribben Law Initiative 2004 Summer Conference Overview, Jane E. Cross

ILSA Journal of International & Comparative Law

In Ocho Rios, on July 23-24, 2004, the American and Caribbean Law Initiative ("ACLI")' held a conference entitled "Caribbean Market Forces: Emerging Trends in International and Comparative Law."

Resolving Indigenous Claims To Self-Determination, Lorie M. Graham

ILSA Journal of International & Comparative Law

The right of self-determination is vitally important to indigenous peoples. Self-determination is closely linked to cultural survival, economic development, and the realization of other basic human rights.

The Ada: A Model For Europe With "Sharper Teeth?", Carol Daughterty Rasnic

ILSA Journal of International & Comparative Law

I wish ... for the passionate sense of the potential, for the eye which... sees the possible.... Soren Kierkegaard, 19th century Danish philosopher

The Kingdom Of Arkam, Anneliese Fleckenstein, David Rodrigues, Ricardo Chirinos, Carolos Bacalao, Federica Paddeul

ILSA Journal of International & Comparative Law

The Kingdom of Arkam and the State of Randolfia have submitted, by Special Agreement, their differences concerning the Rome Statute, and transmitted a copy thereof to the Registrar of the Court pursuant to Article 40(1) of the Statute.

The Kingdom Of Arkam, Caitlin Elizabeth Goss, Michael Colin Hogan, Marion Alice Isobel, Annaliese Jackson, Tamerlan Van Alphen

ILSA Journal of International & Comparative Law

The Kingdom of Arkam and the State of Randolfia have agreed to submit their dispute to the International Court of Justice.

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

In Ocho Rios, on July 23-24, 2004, the American and Caribbean Law Initiative ("ACLI")' held a conference entitled "Caribbean Market Forces: Emerging Trends in International and Comparative Law."

Ngo Participation In Human Rights Law And Process: Latest Developments In The Effort To Develop An International Treaty On The Rights Of People With Disabilities, Janet E. Lord

ILSA Journal of International & Comparative Law

The human rights of people with disabilities traditionally have been ignored in mainstream international human rights theory and practice and in the work of international institutions.

The U.S.-Canada Safe Third Country Agreement: Slamming The Door On Refugees, Cara D. Cutler

ILSA Journal of International & Comparative Law

The United States and Canada are nations comprised predominately of immigrants and their recent descendants.

Protocol To Prevent, Suppress And Punish Trafficking In Persons-A New Approach, Elizabeth F. Defeis

ILSA Journal of International & Comparative Law

Trafficking in persons, the illegal and highly profitable recruitment, transport, or sale of human beings into all forms of forced labor and servitude is a tragic and complex human rights abuse.

Facing The Challenge: Corruption State Capture And The Role Of Multinational Business, 37 J. Marshall L. Rev. 1181 (2004), Nikolay A. Ouzounov

UIC Law Review

No abstract provided.

The Past Is Another Country: Against The Retroactive Applicability Of The Foreign Immunities Act To Pre-1952 Conduct, 37 J. Marshall L. Rev. 1337 (2004), Andrzej R. Niekrasz

UIC Law Review

No abstract provided.

Global Antitrust Enforcement: The Sherman Act Does Not Apply Without Any Direct Domestic Effect, But Discovery Assistance May Be Available To Aid A Foreign Tribunal, According To The U.S. Supreme Court, 38 J. Marshall L. Rev. 495 (2004), Sue Ann Mota

UIC Law Review

No abstract provided.

International Control Of Iraqi Oil: How The Oil-For-Food Program Fits In, And Implications For The Future, Dawn Bell

Richmond Journal of Global Law & Business

No abstract provided.

Wwiv: Who We’Re Fighting- And Why, R. James Woolsey

Richmond Journal of Global Law & Business

We witnessed three global wars in the past century. Only a decade ago we ended WWIII, also known as the Cold War. But a new enemy has been on the march and we have entered a dangerous but subtler conflict: World War IV. This is not only a war against terrorism but also a war for democracy and for freedom. The enemy we fight includes Islamist Shi'sm, the Ba'athists in Iraq, and the Islamist Sunni terrorist networks. The dangers we face arise from the combination of rogue states, terrorist networks and availability of Weapons of Mass Destruction. Mr. Woolsey says …

The Effect Of The Usa Patroit Act On The Money Laundering And Currency Transaction Laws, Elwood Earl Sanders Jr., George Edward Sanders

Richmond Journal of Global Law & Business

No abstract provided.

From Mao To Yao: A New Game Plan For China In The Era Of Basketball Globalization, Dustin C. Lane

Washington International Law Journal

Yao Ming, a Chinese basketball superstar and the top pick in the 2002 NBA draft, became just the third player from China to play professionally in the United States. His departure, however, was met with reluctance by the Chinese basketball bureaucracy and came at a high price: he had to agree to remit more than half of his salary to Chinese government agencies and return to play for the Chinese National Team in certain competitions. While Yao's release demonstrates willingness by the Chinese government to participate in an increasingly globalized sports world, it also highlights the growing pains of a …

Changing Notions Of Sovereignty And Federalism In The International Economic System: A Reassessment Of Wto Regulation Of Federal States And The Regional And Local Governments Within Their Territories, Edward T. Hayes

Northwestern Journal of International Law & Business

International trade liberalization increasingly addresses disciplines which fall within the constitutional competence of regional and local governments. Traditional notions of nation/state sovereignty are evolving to recognize the importance of regional and local actors on the international economic scene. The ongoing evolution of international trade and sovereignty incresasingly places regional and local governments in a unique position to influence world trade, positively and negatively.

This article explores the manner in which the World Trade Organization attempts to regulate regional and local behavior. Specifically, this Article explores the inherent constitutional tension and resulting ambiguities in the WTO's effort to regulate regional and …

The Future Of Law And Development: Second Generation Reforms And The Incorporation Of The Social, Kerry Rittich

Michigan Journal of International Law

This paper probes the manner in which the IFIs are managing the incorporation of social justice and greater participation in the development agenda, and describes how the pursuit of social objectives, in turn, is affected by the governance agenda as a whole.

The War On Terrorism And Its Impact On The Ethical Representation Of Clients, James M. Mccauley

Richmond Journal of Global Law & Business

No abstract provided.

Global Corporate Reorganization/ Global Corporate Governace: Imperfect Information And Credible Commitment, Bernhard Grossfield

Richmond Journal of Global Law & Business

No abstract provided.

Terrorism: An Algerian Perspective, Idriss Jazairy

Richmond Journal of Global Law & Business

No abstract provided.

When Yasir Esam Hamdi Meets Zacarias Moussaoui, Frank Durham

Richmond Journal of Global Law & Business

No abstract provided.