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2004

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Articles 181 - 210 of 274

Full-Text Articles in Comparative and Foreign Law

Applying International Trade Remedy Laws In The Caribbean: A Framework For Protection, Vasheist V. Kokaram Jan 2004

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 ...

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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 Jan 2004

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.

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Was The United States Justified In Renewing Resolution 1487 In Light Of The Abu Ghraib Prisoner Abuse Scandal?, Kerstin Pastujova Jan 2004

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.

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U.S.-Eu Trade Relations: Sources Of Friction And Prospects For Resolution, Timothy C. Brightbill Jan 2004

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.

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Resolution Of Claims To Self-Determination: The Expansion And Creation Of Dispute Settlement Mechanisms, Valerie Epps Jan 2004

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.

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The Right To Self-Determination And Its Enforcement, Johan D. Van Der Vyver Jan 2004

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.

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Un's Human Rights Norms For Transnational Corporations And Other Business Enterprises: An Imperfect Step In The Right Direction?, Surya Deva Jan 2004

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.

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Introduction To The Ilw Panel On "New Initiatives In Investment Law: Using Trade Agreements To "Control" Capital Movement Restrictions", Cynthia Lichtenstein Jan 2004

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.

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A Global Convention On Choice Of Court Agreements, Ronald A. Brand Jan 2004

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.

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The International Whaling Commission: Challenges From Within And Without, Howard S. Schiffman Jan 2004

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).

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Using Free Trade Agreements To Control Capital Account Restrictions: Summary Of Remarks On The Relationship To The Mandate Of The Imf, Deborah E. Siegel Jan 2004

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.

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The Developing Framework Of The Csme: Two Legal Issues Considered, Ezra Alleyne Jan 2004

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.

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Address To The American International Law Association, Tal Becker Jan 2004

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.

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International Law Association Panel Discussion On "Divergence Between The United States And The European Union On Trade And Other Matters.", Hunter R. Clark Jan 2004

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."

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Earned Sovereignty: An Emerging Conflict Resolution Approach, Paul R. Williams, Karen Heymann Jan 2004

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.

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Impact Of Sarbanes-Oxley On Multiple Listed Corporations: Conflicts In Comparative Corporate Laws And Possible Remedies, Sabyasachi Ghoshray Jan 2004

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.

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Playing Hide And Seek With International Justice: What Went Wrong In Indonesia And East Timor, Stefanie Frease Jan 2004

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.

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Recent Developments In International Commercial Arbitration, Houston Putnam Lowry Jan 2004

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.

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Early American Conflicts And Modern African Practices: A Comparative Commentary On Constitutionalism, Gloria J. Browne-Marshall Jan 2004

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.

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Preventing Genocide: The Role Of The United Nations, Stanislas Kamanzi Jan 2004

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."

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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 Jan 2004

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

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

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 …

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Exceeding Our Boundaries: Transnational Employment Law Practice And The Export Of American Lawyering Styles To The Global Worksite, Susan Bisom-Rapp Jan 2004

Exceeding Our Boundaries: Transnational Employment Law Practice And The Export Of American Lawyering Styles To The Global Worksite, Susan Bisom-Rapp

Faculty Scholarship

Until very recently, one almost never heard mention of international issues among labor and employment law practitioners in the United States. Conventional wisdom considers this practice area quintessentially local. Identifying a trend that unseats this taken-for-granted notion, the article details the birth of a new employment law sub-specialty: international labor and employment law. Some U.S. management attorneys, working with transnational legal teams comprised of lawyers from foreign firms, are beginning to coordinate multinational clients' employment law projects across multiple national jurisdictions. While the world's legal regimes that regulate labor markets are remarkably culturally specific, the formation of transnational networks of …

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Reparations Decisions And Dilemmas, Naomi Roht-Arriaza Jan 2004

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 …

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Legalistic Individualism: An Alternative Analysis Of Kagan's Adversarial Legalism, Michael Dominic Meuti Jan 2004

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 …

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Legal War: When Does It Exist, And When Does It End, John Alan Cohan Jan 2004

Legal War: When Does It Exist, And When Does It End, John Alan Cohan

UC Law SF International Law Review

The popular conception of war is clearly different from war in the legal sense. It is important to ascertain when war in the formal, legal sense (Legal War) exists because various legal consequences attach. However, when a Legal War exists between belligerent states is far from certain. Few wars are waged pursuant to a formal declaration, and there is substantial disagreement as to when a Legal War has ended. Further complicating the problem, governments have engaged in significant armed conflicts while vigorously denying a state of war has existed between them, notwithstanding the obvious state of belligerency, the engagement of …

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Preemption, Prevention And Anticipatory Self-Defense: New Law Regarding Recourse To Force, Thomas M. Franck Jan 2004

Preemption, Prevention And Anticipatory Self-Defense: New Law Regarding Recourse To Force, Thomas M. Franck

UC Law SF International Law Review

On September 17, 2002, the National Security Strategy was published. This paper outlines the reach of the Strategy, focusing on the extent it creates new ground in asserting a right to use "preemptive" force. Traditional notions of anticipatory self-defense, found in the Caroline Doctrine, have been extended such that the Strategy allows the United States to respond with force to "rogue states before they are able to threaten" an attack. But, who has the right to determine whether a state may someday constitute a threat?

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Professor Franck's Lament, Abraham D. Sofaer Jan 2004

Professor Franck's Lament, Abraham D. Sofaer

UC Law SF International Law Review

Not only does the National Security Strategy rely on the use of force, but it also advocates other means of achieving security, such as diplomacy and alliances. In contrast to Professor Franck, this paper defends the approach the Bush Administration has taken with regards to the National Security Strategy. The text of the Strategy does not give the United States the power to use force whenever it feel that its superiority is threatened. The U.N. Charter also does not prohibit a state from using force to preserve the integrity of that state.

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Unipolar Disorder: A European Perspective On U.S. Security Strategy, Diane Marie Amann Jan 2004

Unipolar Disorder: A European Perspective On U.S. Security Strategy, Diane Marie Amann

UC Law SF International Law Review

The publication of the National Security Strategy provoked debate throughout the United States and Europe. This paper examines the Strategy from a European viewpoint; a perspective that prefers dialogue to dictate. By examining the United States' actions through the eyes of Europeans, the United States may better understand its audience, and itself.

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The Bush Doctrine: Making Or Breaking Customary International Law, Joel R. Paul Jan 2004

The Bush Doctrine: Making Or Breaking Customary International Law, Joel R. Paul

UC Law SF International Law Review

The international legal system operates to minimize violence. This paper examines whether the Bush Doctrine violates or creates international law. If the Bush Doctrine is understood to mean that only the United States may use force preemptively, then it is not creating law; it is merely a unilateral assertion of power. If, on the other hand, all states may use the Bush Doctrine to act to prevent war, then violence is maximized. In order for the Bush Doctrine to be accepted as law, there must be a limiting principle.

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