Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2005

Discipline
Institution
Keyword
Publication
Publication Type

Articles 151 - 180 of 318

Full-Text Articles in Comparative and Foreign Law

Derecho De La Competencia Y Ejercico De Las Profesiones, Daniel Vazquez Albert Jan 2005

Derecho De La Competencia Y Ejercico De Las Profesiones, Daniel Vazquez Albert

ILSA Journal of International & Comparative Law

El ejercicio de las profesiones se ha destacado tradicionalmente por hallarse sometido a una fuerte regulaci6n, caracterizada por contener severas restricciones a la competencia entre los profesionales.


Open Season: Recognition And Enforcement Of Foreign Judgements In Canada After Beals V. Saldanha, H. Scott Fairley Jan 2005

Open Season: Recognition And Enforcement Of Foreign Judgements In Canada After Beals V. Saldanha, H. Scott Fairley

ILSA Journal of International & Comparative Law

At the end of last year, the Supreme Court of Canada handed down its decision in Beals v. Saldanha


The Use Of Non-Domestic Courts For Obtaining Domestic Relief: Jurisdictional Conflicts Between Nafta Tribunals And U.S. Courts?, Pieter H.F Bekker Jan 2005

The Use Of Non-Domestic Courts For Obtaining Domestic Relief: Jurisdictional Conflicts Between Nafta Tribunals And U.S. Courts?, Pieter H.F Bekker

ILSA Journal of International & Comparative Law

This contribution will examine whether or not there exist jurisdictional conflicts between international tribunals operating under the North American Free Trade Agreement (NAFTA) and the courts of the United States of America, one of the three NAFTA member states.


Can Legalism Be Exported? U.S. Rule Of Law Work In Arab Societies And Authoritarian Politics, David M. Mednicoff Jan 2005

Can Legalism Be Exported? U.S. Rule Of Law Work In Arab Societies And Authoritarian Politics, David M. Mednicoff

ILSA Journal of International & Comparative Law

I am pleased to be part of this panel devoted to the Middle East and of this year's rich program at International Law Weekend.


Can Law Halt The Violence? Palestinian Suicide Bombings And Israeli "Targeted Assasinations" Under International Humanitarian Law, Donna E. Arzt Jan 2005

Can Law Halt The Violence? Palestinian Suicide Bombings And Israeli "Targeted Assasinations" Under International Humanitarian Law, Donna E. Arzt

ILSA Journal of International & Comparative Law

My objective in this paper is not to use international law as another weapon in the conflict, as further fuel to fan the flames, as it's so often used in this conflict, but instead to use it as a message to both Palestinians and Israelis: Stop.


The Role Of Domestic Courts In The International Legal Order: A Tribute To Richard Falk, Janet Walker Jan 2005

The Role Of Domestic Courts In The International Legal Order: A Tribute To Richard Falk, Janet Walker

ILSA Journal of International & Comparative Law

Forty years ago, when I was a child, the world was a different place. Tele- vision was a new invention:


Lagrand And Avena Establish A Right, But Is There A Remedy? Brief Comments On The Legal Effect Of Lagrand And Avena In The U.S, Malvina Halberstam Jan 2005

Lagrand And Avena Establish A Right, But Is There A Remedy? Brief Comments On The Legal Effect Of Lagrand And Avena In The U.S, Malvina Halberstam

ILSA Journal of International & Comparative Law

The United States is obligated under international law to review and reconsider the conviction and sentence of persons who were not informed of their right to request that their Consul be notified of their arrest and to meet with him, as provided for by Article 36 of the Vienna Convention on Consular Relations.


Application Of Consular Rights To Foreign Nationals: Standard For Reversal Of A Criminal Conviction, John Quigley Jan 2005

Application Of Consular Rights To Foreign Nationals: Standard For Reversal Of A Criminal Conviction, John Quigley

ILSA Journal of International & Comparative Law

In nineteenth century criminal procedure in the United States, extradition treaties impacted the treatment of a person surrendered by a foreign state.


Current Issues In Extraterritoriality: How Long Is The Long Arm Jurisdiction Of International Human Rights Bodies?, Christina M. Cerna Jan 2005

Current Issues In Extraterritoriality: How Long Is The Long Arm Jurisdiction Of International Human Rights Bodies?, Christina M. Cerna

ILSA Journal of International & Comparative Law

One line of cases involving extraterritoriality revolves around the issue of effective control over persons as a result of military occupation and also involves jurisdictional issues.


The Extraterritorial Application Of Antitrust Laws, Caterina Ventura Jan 2005

The Extraterritorial Application Of Antitrust Laws, Caterina Ventura

ILSA Journal of International & Comparative Law

Chief Justice Marshall articulated this fundamental canon of U.S. statutory construction, reflective of customary international law, in 1804 in Murray v. Schooner Charming Betsy, an admiralty case commonly referred to as the "Charming Betsy" case.


A Bill Of Rights For The European Union, Elizabeth F. Defeis Jan 2005

A Bill Of Rights For The European Union, Elizabeth F. Defeis

ILSA Journal of International & Comparative Law

The inclusion of the Charter of Fundamental Rights' in the Draft Treaty Establishing a Constitution for Europe 2 has a curious history that in some ways is similar to the history of the Bill of Rights of the United States Constitution.


U.S. Membership In Unclos: What Effects For The Marine Environment?, Howard S. Schiffman Jan 2005

U.S. Membership In Unclos: What Effects For The Marine Environment?, Howard S. Schiffman

ILSA Journal of International & Comparative Law

The issue of whether or not the U.S. should ratify the United Nations Convention on the Law of the Sea (UNCLOS or the Convention)' has been debated since the treaty was concluded in 1982.


The Lugano Case In The European Court Of Justice: Evolving European Union Competence In Private International Law, Ronald A. Brand Jan 2005

The Lugano Case In The European Court Of Justice: Evolving European Union Competence In Private International Law, Ronald A. Brand

ILSA Journal of International & Comparative Law

On October 19, 2004, the European Court of Justice held its first en banc hearing since the 2004 enlargement to twenty-five Member States.


The Applicability Of International Human Rights Law To The Coalition Provisional Authority (Cpa) And Foreign Military Presence In Iraq, Ralph Wilde Jan 2005

The Applicability Of International Human Rights Law To The Coalition Provisional Authority (Cpa) And Foreign Military Presence In Iraq, Ralph Wilde

ILSA Journal of International & Comparative Law

When the prisoner abuse scandal in Abu Ghraib prison in Baghdad, Iraq, broke in the Spring of 2004, Lord Lester, a British Parliamentarian, submitted a written parliamentary question to the U.K. government asking the following: [W]hether the Coalition Provisional Authority or the Coalition Forces are required by law to respect the fundamental human rights of Iraqi people, as defined in the bill of rights contained in the transitional administrative law for Iraq or otherwise; and if not, what recourse is available to the people of Iraq for breaches of those rights by the Authority or the forces.


Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law Jan 2005

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

ILSA Journal of International & Comparative Law

Bilateral investment treaties typically require the host state to ensure "fair and equitable" treatment to the investors of the other state.


Narratives Of International Law And Literature After 9/11, Gary Minda Jan 2005

Narratives Of International Law And Literature After 9/11, Gary Minda

ILSA Journal of International & Comparative Law

What is the connection between international law and literature-the subject of this meeting?


The Evolution Of The European Legal System: The European Court Of Justice's Role In The Harmonization Of Laws, Yvonne N. Gierczyk Jan 2005

The Evolution Of The European Legal System: The European Court Of Justice's Role In The Harmonization Of Laws, Yvonne N. Gierczyk

ILSA Journal of International & Comparative Law

After the dust settled from World War II, Winston Churchill declared the need for Europe to integrate economically and politically.


Victims Of Peace: Current Abuse Allegations Against U.N. Peacekeepers And The Role Of Law In Preventing Them In The Future, Alexandra R. Harrington Jan 2005

Victims Of Peace: Current Abuse Allegations Against U.N. Peacekeepers And The Role Of Law In Preventing Them In The Future, Alexandra R. Harrington

ILSA Journal of International & Comparative Law

Peacekeepers, and peacekeeping, have had a special place in society since the time of the Bible,' and indeed have taken on a new, international dimension since the end of World War II and the creation of the United Nations (U.N.).


Closing The Gaps In United States Law And Implementing The Rome Statute: A Comparative Approach, Michael P. Hatchell Jan 2005

Closing The Gaps In United States Law And Implementing The Rome Statute: A Comparative Approach, Michael P. Hatchell

ILSA Journal of International & Comparative Law

This paper provides a comparative framework to analyze the extent to which five major democracies Canada, United Kingdom, Australia, Germany, and France-incorporated the subject matter jurisdiction Articles of the Rome Statute of the International Criminal Court ("Rome Statute") through their domestic legislative processes while ratifying the Rome Statute, and what, if anything, the United States can interpret from the five distinct approaches.


Sarbanes-Oxley And The Inch-Thick Contract, Colin P.A. Jones Jan 2005

Sarbanes-Oxley And The Inch-Thick Contract, Colin P.A. Jones

Richmond Journal of Global Law & Business

No abstract provided.


Anti-Offshoring Legislation: The New Wave Of Protectionism- The Backlash Against Foreign Outsourcing Of American Service Jobs, Adam Mordecai Jan 2005

Anti-Offshoring Legislation: The New Wave Of Protectionism- The Backlash Against Foreign Outsourcing Of American Service Jobs, Adam Mordecai

Richmond Journal of Global Law & Business

No abstract provided.


Efficacy Of The Institutional And Regulatory Framework For The Administration Of Tax Law In Zambia, Kenneth Kaoma Mwenda Jan 2005

Efficacy Of The Institutional And Regulatory Framework For The Administration Of Tax Law In Zambia, Kenneth Kaoma Mwenda

Richmond Journal of Global Law & Business

No abstract provided.


An Analysis Of Argentine Federalism, Jorge Reinaldo Vanossi, Robert S. Barker Jan 2005

An Analysis Of Argentine Federalism, Jorge Reinaldo Vanossi, Robert S. Barker

Barker Papers

It is Dr. Vanossi's contention that Argentine federalism is today largely a fiction , as demonstrated by the fact that only the city of Buenos Aires and three or four of the country's provincial governments are financially viable, with the rest depending on large and continuing subsidies from the national government. The solution, he contends, is "regionalization", a process by which two or more provinces, through interprovincial agreements approved by the national Congress, would unite for certain specified governmental purposes. This process, Dr. Vanossi points out, has always been authorized by the country's Constitution.


Comparative Human Rights Jurisprudence In Azerbaijan: Theory, Practice And Prospects, Charles H. Martin Jan 2005

Comparative Human Rights Jurisprudence In Azerbaijan: Theory, Practice And Prospects, Charles H. Martin

Florida State University Journal of Transnational Law & Policy

No abstract provided.


The Proliferation Security Initiative: Navigating The Legal Challenges, Samuel E. Logan Jan 2005

The Proliferation Security Initiative: Navigating The Legal Challenges, Samuel E. Logan

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Challenging China's Fixed Exchange Rate Regime: An Analysis Of U.S. Options, Xinchen Sofia Lou Jan 2005

Challenging China's Fixed Exchange Rate Regime: An Analysis Of U.S. Options, Xinchen Sofia Lou

UC Law SF International Law Review

No abstract provided.


Feeling For Rocks While Crossing The River: The Gradual Evolution Of Chinese Law, Bradley L. Milkwick Jan 2005

Feeling For Rocks While Crossing The River: The Gradual Evolution Of Chinese Law, Bradley L. Milkwick

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Ignoring The Lessons Of The Past: The Crisis In Darfur And The Case For Humanitarian Intervention, Klinton W. Alexander Jan 2005

Ignoring The Lessons Of The Past: The Crisis In Darfur And The Case For Humanitarian Intervention, Klinton W. Alexander

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Facts, Rights, And Remedies, Wadie E. Said Jan 2005

Facts, Rights, And Remedies, Wadie E. Said

UC Law SF International Law Review

No abstract provided.


Discussion Of The International Water Law Principles Dr. Elver Lays Out, James W. Nachbaur Jan 2005

Discussion Of The International Water Law Principles Dr. Elver Lays Out, James W. Nachbaur

UC Law SF International Law Review

No abstract provided.