Comparative and Foreign Law Commons^™

Dow Jones & Co. V. Gutnick: Will Australia's Long Jurisdictional Reach Chill Internet Speech World-Wide?, Nathan W. Garnett

Washington International Law Journal

In December of 2002, the High Court of Australia issued its decision in Dow Jones & Co. v. Gutnick, holding that Dow Jones could be haled into court in Australia for the publication of defamatory material on the Internet. This decision was surprising because the material in question was published in the United States on Dow Jones's New Jersey web servers. This decision makes Australia the only country that allows an action against a foreign defendant based solely on an Internet download in that country. However, the structure of the Gutnick opinion may open the door for other countries …

Regulation Of Stem Cell Research: A Recommendation That The United States Adopt The Australian Approach, Bryn E. Floyd

Washington International Law Journal

Research using embryonic stem cells may lead to great medical advances because of their ability to differentiate into nearly any type of human tissue. Currently, the United States regulates embryonic stem cell research by limiting the stem cell lines that can be studied using federal money or by scientists working at federally-funded institutions. The states are left to regulate privately funded research, if they choose. This creates a situation in which federally-funded research is severely limited, while private funds may be used to conduct ethically problematic research. In contrast, the Australian Parliament has passed legislation regulating embryonic stem cell research …

The Protection Of Reproductive Rights Under International Law: The Bush Administration's Policy Shift And China's Family Planning Practices, Hannah A. Saona

Washington International Law Journal

On his first day in office, U.S. President George W. Bush reinstated a policy that restricts United States Agency for International Development funding of foreign non-governmental organizations. A year and a half later, President Bush attracted media attention by rejecting funding commitments to the United Nations Population Fund ("UNFPA") based on its alleged involvement with the People's Republic of China ("PRC"). The PRC, in an effort to curb rampant population growth, has adopted a one child per couple policy. This policy has, in some cases, led to the use of coercive family planning practices such as forced abortion and sterilization. …

Australia's "Most Extreme Case": A New Alternative For U.S. Medical Malpractice Liability Reform, Steven T. Masada

Washington International Law Journal

The United States currently confronts a severe increase in medical costs and a simultaneous decrease in the availability of health care services. A nearly identical situation recently emerged in the Commonwealth of Australia. This phenomenon, often labeled the "medical malpractice crisis," results in part from an increasing litigious trend spurred on by the appeal of potentially enormous damage awards. More lawsuits filed and increased award amounts raise the liability of health care providers and generate uncertainty in the medical malpractice insurance market. This in turn drives up the costs of insurance policy premiums and ultimately forces health care providers to …

Applying International Trade Remedy Laws In The Caribbean: A Framework For Protection, Vasheist V. Kokaram

ILSA Journal of International & Comparative Law

What happens in the WTO is part of a broader pattern of neocolonialism in the global economy. This has two strands. The first is the self-interest of the major powers; their close ties with multinational companies ... and their willingness to use their political and economic strength to achieve their ends ...

The Global Challenge To Legal Education: Training Lawyers For A New Paradigm Of Economic, Political And Legal-Cultural Expectations In The 21st Century, Winston P. Nagan, Frsa, Danie Visser

ILSA Journal of International & Comparative Law

Enormous developments are taking place in the global economy. Initia- tives are being taken from the top down, and quite literally, from the bottom up.

Was The United States Justified In Renewing Resolution 1487 In Light Of The Abu Ghraib Prisoner Abuse Scandal?, Kerstin Pastujova

ILSA Journal of International & Comparative Law

On May 19, 2004, the United States introduced a Resolution to the United Nations Security Council for a third year in a row, requesting it to exempt from the International Criminal Court (ICC) all current and former troops and personnel from non-International Criminal Court member states, like the United States, who serve on United Nations' missions.

U.S.-Eu Trade Relations: Sources Of Friction And Prospects For Resolution, Timothy C. Brightbill

ILSA Journal of International & Comparative Law

I would like to begin by discussing several of the most crucial trade disputes confronting the United States and the European Union. I will then look at several factors that continue to link the United States and the EU from a trade perspective.

Resolution Of Claims To Self-Determination: The Expansion And Creation Of Dispute Settlement Mechanisms, Valerie Epps

ILSA Journal of International & Comparative Law

My task is three fold. I shall first give a very brief introduction to the topic of self-determination within the general jurisprudence of the proliferation of international dispute settlement mechanisms.

The Right To Self-Determination And Its Enforcement, Johan D. Van Der Vyver

ILSA Journal of International & Comparative Law

The right to self-determination of peoples, alongside the equality of nations, large and small, has been recognized as a basic norm of international law.

Un's Human Rights Norms For Transnational Corporations And Other Business Enterprises: An Imperfect Step In The Right Direction?, Surya Deva

ILSA Journal of International & Comparative Law

The United Nations (UN), in its life of forty-eight years, has faced several challenges' as promoter of human rights in international arena.

Introduction To The Ilw Panel On "New Initiatives In Investment Law: Using Trade Agreements To "Control" Capital Movement Restrictions", Cynthia Lichtenstein

ILSA Journal of International & Comparative Law

The Panel speakers on this topic were Deborah Siegel, Esq., Senior Coun- sel, Legal Department, International Monetary Fund (whose paper follows), Professor Jagdish Bhagwati, University Professor, Columbia University (giving the viewpoint of an economist), and Mr. James Wallace, standing in for Randall Quarels, Assistant Secretary for International Affairs, United States Department of the Treasury.

A Global Convention On Choice Of Court Agreements, Ronald A. Brand

ILSA Journal of International & Comparative Law

A Special Commission of the Hague Conference on Private International Law will meet during the first nine days of December 2003 to consider a Draft Text on Choice of Court Agreements.

The International Whaling Commission: Challenges From Within And Without, Howard S. Schiffman

ILSA Journal of International & Comparative Law

Despite the growing number of international organizations dedicated to the conservation and management of living marine resources, very few generate the controversy of the International Whaling Commission (IWC).

Using Free Trade Agreements To Control Capital Account Restrictions: Summary Of Remarks On The Relationship To The Mandate Of The Imf, Deborah E. Siegel

ILSA Journal of International & Comparative Law

The United States recently signed separate Free Trade Agreements (FTA' s) with Singapore and Chile. The agreements contain similar chapters on invest- ment rules.

The Developing Framework Of The Csme: Two Legal Issues Considered, Ezra Alleyne

ILSA Journal of International & Comparative Law

The Caribbean Single Market and Economy (CMSE) is a work in progress.

Address To The American International Law Association, Tal Becker

ILSA Journal of International & Comparative Law

It is a pleasure and an honor for me to participate in this panel discussion. In my day job, I serve as the legal adviser to Israel's mission to the United Nations, and most of my comments today emerge less from academic research into the field of universal jurisdiction, and more from practical experience in issues related to international criminal justice both at the UN and outside it.

International Law Association Panel Discussion On "Divergence Between The United States And The European Union On Trade And Other Matters.", Hunter R. Clark

ILSA Journal of International & Comparative Law

Webster's dictionary defines "diverge" as "to go in different directions from a common point or from each other; as opposed to converge." The noun "divergence" is defined as the act or state of diverging or branching off; a going farther apart; deviation or departure from a norm; difference."

Earned Sovereignty: An Emerging Conflict Resolution Approach, Paul R. Williams, Karen Heymann

ILSA Journal of International & Comparative Law

There are currently over fifty sovereignty-based conflicts throughout the world, and nearly a third of the Specially Designated Global Terrorists listed by the United States Treasury Department are associated with sovereignty-based conflicts and self-determination movements.

Impact Of Sarbanes-Oxley On Multiple Listed Corporations: Conflicts In Comparative Corporate Laws And Possible Remedies, Sabyasachi Ghoshray

ILSA Journal of International & Comparative Law

In the summer of 2002, the United States Congress adopted the Sarbanes- Oxley Act of 2002 as a response to the widely-publicized financial scandals involving the corporate giants Enron, WorldCom, Tyco and others.

Playing Hide And Seek With International Justice: What Went Wrong In Indonesia And East Timor, Stefanie Frease

ILSA Journal of International & Comparative Law

In discussing the justice processes used in Indonesia and East Timor to hold individuals accountable for serious violations of international law com- mitted in East Timor, it is important to emphasize that the problems are rooted in politics not the rule of law.

Recent Developments In International Commercial Arbitration, Houston Putnam Lowry

ILSA Journal of International & Comparative Law

Arbitration is the preferred method of settling commercial disputes internationally.

Early American Conflicts And Modern African Practices: A Comparative Commentary On Constitutionalism, Gloria J. Browne-Marshall

ILSA Journal of International & Comparative Law

I am most honored to introduce this panel titled African Countries at the Crossroads of Human Rights Development, the Rule of Law, and Economic Priorities.

Preventing Genocide: The Role Of The United Nations, Stanislas Kamanzi

ILSA Journal of International & Comparative Law

I would like to start with a self explanatory and worthwhile quote from His Late Majesty Haile Selassie which reads as follows: "Throughout History it has been the inaction of those who could have acted, the indifference of those who should have known better, the silence of the voice of justice when it mattered most, that has made it possible for evil to triumph."

The Territotiality Inquiry Under The Act Of State Doctrine: Continuing The Search For An Appropriate Application Of Situs Of Debt Rules In International Debt Disputes, Ariel Oscar Diaz

ILSA Journal of International & Comparative Law

Recent economic downturns in Argentina, Uruguay, and Venezuela, to name a few Latin American states among others in various parts of the world, have once again raised serious concerns regarding the ability of international lenders or creditors to recover on the sovereign and private debt instruments that they hold

China's Wto Accession: Economic, Legal, And Political Implications, 27 B.C. Int'l & Comp. L. Rev. 319 (2004), Karen H. Cross

UIC Law Open Access Faculty Scholarship

This Article discusses the unparalleled economic, legal, and political change that has confronted China during WTO accession. The Article focuses on the relationship between China's unique WTO accession process and China's reform over the past two decades. The author suggests that WTO accession has acted as a lever for economic and legal reform by locking in reform and making it irrevocable. The Article begins with a historical background of China's long road to accession and the way that this process worked to further the previously instated economic reform program. Next, the Article analyzes the manner in which WTO accession has …

A Road Map For Corporate Governance In East Asia, Chee Keong Low

Northwestern Journal of International Law & Business

Much has transpired since the inadequacies of corporate governance practices in East Asia were glaringly exposed by the Asian financial crisis. The crisis brought to the foreground numerous deficiencies, which had common roots in excessive over-leverage as well as the lack of transparency, disclosure and accountability. These issues have been explicitly recognized with the release of the White Paper on Corporate Governance in Asia by the Asian Roundtable on Corporate Governance in June 2003.

By responding in part to the White Paper, this article sets out a "roadmap" whose ultimate objective is the enhancement of the practice of corporate governance …

Communication Breakdown: The Recording Industry's Pursuit Of The Individual Music User, A Comparison Of U.S. And E.U. Copyright Protections For Internet Music File Sharing, Ryan Bates

Northwestern Journal of International Law & Business

While music file sharing over the internet has become a common practice in recent years, record companies blame the illegal swapping for a 31% drop in compact disk sales since mid-2000. In an ever-evolving attempt to gain a stronghold on the distribution of digital music via the internet, the recording industry recently began filing lawsuits against the individual internet "file sharer" in both the United States the European Union.

This comment examines the development of copyright protections in the United States and the European Union, including recent legislation under each system, and argues that a balance of rights and technical …

Reparations Decisions And Dilemmas, Naomi Roht-Arriaza

UC Law SF International Law Review

The International Bill of Rights declares a right to a remedy for violations of human rights. States are obliged to provide remedies for violations, both as a matter of treaty law and as part of the general rules of state responsibility. The U.N. Human Rights Commission and its Subcommission have formulated draft Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law (Principles), which outline restitution, rehabilitation, compensation and satisfaction as interlinked but distinct obligations on states. In addition, the statute of the newlycreated International Criminal Court …

Legalistic Individualism: An Alternative Analysis Of Kagan's Adversarial Legalism, Michael Dominic Meuti

UC Law SF International Law Review

An underlying ethos of American law is that an adversarial setting is a prerequisite for proper resolution of a dispute. But is that accurate? Comparative scholars have illustrated the diversity of methods available. In Adversarial Legalism, Robert Kagan considers the merits of these alternative systems. Although the book is not intended as a comprehensive agenda for reform, Kagan's message is clear: our procedures and methods for resolving disputes are a matter of choice, no matter how natural or entrenched they may appear to be. To the extent they do not serve us well, we should exercise our ability to make …