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Comparative and Foreign Law Commons™

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2005

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Articles 211 - 240 of 318

Full-Text Articles in Comparative and Foreign Law

Mediacion Obligatoria Desde El Punto De Vista Comparativo: Los Casos De Argentina Y Los Estados Unidos, Timothy K. Kuhner Jan 2005

Mediacion Obligatoria Desde El Punto De Vista Comparativo: Los Casos De Argentina Y Los Estados Unidos, Timothy K. Kuhner

ILSA Journal of International & Comparative Law

Este articulo presenta y compara datos colectados en Argentina y los Estados Unidos durante la experiencia inicial de cada pais con la mediaci6n obligada por ley.


El Modelo De Consejo De Administracion: Una Comparacion Del Fsc Y Msc, Javier Pons Rafols, Luke Brander Jan 2005

El Modelo De Consejo De Administracion: Una Comparacion Del Fsc Y Msc, Javier Pons Rafols, Luke Brander

ILSA Journal of International & Comparative Law

Este papel apunta para analizar "el Modelo de Consejo de Administraci6n" por una comparaci6n del Consejo de Administraci6n Forestal (FSC por sus siglas en ingles) y el Consejo de Administraci6n Maritimo (MSC por sus siglas en ingles).


Monumental Flaws And Dysfunctions: Some Suggestions For Mending The Broken Trade Adjustment Assistance Certification Process, Brad A. Brooks-Rubin Jan 2005

Monumental Flaws And Dysfunctions: Some Suggestions For Mending The Broken Trade Adjustment Assistance Certification Process, Brad A. Brooks-Rubin

ILSA Journal of International & Comparative Law

Good afternoon. Please accept my apologies if I suddenly tear out of here, or look nervously at my watch throughout the panel.


Competition Law And Professional Practice, Daniel Vazquez Albert Jan 2005

Competition Law And Professional Practice, Daniel Vazquez Albert

ILSA Journal of International & Comparative Law

Professional practice has traditionally distinguished itself for being subject to strong regulation, characterized by containing severe restrictions on competition between professionals.


Jus Ad Bellum: The Next Iraq, Ian Johnstone Jan 2005

Jus Ad Bellum: The Next Iraq, Ian Johnstone

ILSA Journal of International & Comparative Law

Our chairman said that the task of this panel is to discuss preemptive military intervention to combat either: the threatened use of force, for example, by terrorists armed with weapons of mass destruction; or outrageous human rights violations, like genocide.


The International Criminal Court And Human Rights Enforcement In Africa, Obasi Okafor-Obasi Jan 2005

The International Criminal Court And Human Rights Enforcement In Africa, Obasi Okafor-Obasi

ILSA Journal of International & Comparative Law

The inauguration of a permanent tribunal for the prosecution of serious crimes has raised anew the problem of enforcement of human rights in international law.


Demythologizing Restorative Justice: South Africa's Truth And Reconciliation Commission And Rwanda's Gacaca Courts In Context, Olivia Lin Jan 2005

Demythologizing Restorative Justice: South Africa's Truth And Reconciliation Commission And Rwanda's Gacaca Courts In Context, Olivia Lin

ILSA Journal of International & Comparative Law

Since the Allied-overseen Nuremberg Trials in 1945, the legal measures pursued by nations negotiating political transition and responding to the human rights abuses of prior regimes ("transitional justice")' are subject to examination by the watchful eye of the international community and international standards.


Cultural Relativism In International War Crimes Prosecutions: The International Criminal Tribunal For Rwanda, Ida L. Bostian Jan 2005

Cultural Relativism In International War Crimes Prosecutions: The International Criminal Tribunal For Rwanda, Ida L. Bostian

ILSA Journal of International & Comparative Law

"While academic debates about the possibility of objective truth and falsehood are often rarified to the point of absurdity, Rwanda demonstrated that the question is a matter of life and death."'


The 2005 Philip C. Jessup International Lawmoot Court Competition. The Case Concerning The Vessel The Mairi Maru, Isla Journal Of International & Comparative Law Jan 2005

The 2005 Philip C. Jessup International Lawmoot Court Competition. The Case Concerning The Vessel The Mairi Maru, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

In April of 2001, an agreement was entered into between Appollonia (Applicant) and Maguffin (not party to this case) for the exportation of MOX, produced by an Appollonian State-owned power plant. Since then, Appollonia has exported MOX to Maguffin via shipments traveling through the waters of Raglan (Respondent), located halfway between Appollonia and Maguffin.


The 2005 Philip C. Jessup International Lawmoot Court Competition. The Case Concerning The Vessel The Mairi Maru, Isla Journal Of International & Comparative Law Jan 2005

The 2005 Philip C. Jessup International Lawmoot Court Competition. The Case Concerning The Vessel The Mairi Maru, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

The Republic of Appollonia and the Kingdom of Raglan submit their differences concerning The Mairi Maru to this Court by Special Agreement, dated May 15, 2004, pursuant to Article 40(1) of the Court's Statute.


Sosa V. Alvarez-Machain: Extraterritorial Abduction And The Rights Of Individuals Under International Law, Jeffrey Loan Jan 2005

Sosa V. Alvarez-Machain: Extraterritorial Abduction And The Rights Of Individuals Under International Law, Jeffrey Loan

ILSA Journal of International & Comparative Law

Although the growth of extradition treaties has assisted in the prosecution of suspects who are not present in the state seeking their prosecution, there will always be situations where extradition is not available or plausible.


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

Globalization has changed the way global society addresses common and global problems. While there is much talk about aiming at sustainable development, there are no real clear definitions of sustainable development and the term remains susceptible to much misuse.


Global Responses To Terrorism And National Insecurity: Ensuring Security, Development And Human Rights, C. Raj Kumar Jan 2005

Global Responses To Terrorism And National Insecurity: Ensuring Security, Development And Human Rights, C. Raj Kumar

ILSA Journal of International & Comparative Law

The terrorist attacks in London 2 and Egypt' and other parts of the world have once again reinforced the attention of the international community on the problem of "terrorism."


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

"While academic debates about the possibility of objective truth and falsehood are often rarified to the point of absurdity, Rwanda demonstrated that the question is a matter of life and death."'


Comercio Justo Y Etiquetaje Etico En El Sector De Ropa, Textil, Y Calzado: El Caso De Blue Jeans (Jeans Azules), Onno Kuik Jan 2005

Comercio Justo Y Etiquetaje Etico En El Sector De Ropa, Textil, Y Calzado: El Caso De Blue Jeans (Jeans Azules), Onno Kuik

ILSA Journal of International & Comparative Law

Etiquetas del consumidor son bastante comunes en la industria de ropa, textiles y calzado.


A Question Of Justice: The Wto, Africa, And Countermeasures For Breaches Of International Trade, 38 J. Marshall L. Rev. 1153 (2005), Nsongurua J. Udombana Jan 2005

A Question Of Justice: The Wto, Africa, And Countermeasures For Breaches Of International Trade, 38 J. Marshall L. Rev. 1153 (2005), Nsongurua J. Udombana

UIC Law Review

No abstract provided.


The ‘Wall’ Decisions In Legal And Political Context, Geoffrey R. Watson Jan 2005

The ‘Wall’ Decisions In Legal And Political Context, Geoffrey R. Watson

Scholarly Articles

No abstract provided.


Union Responses To The Challenges Of An Increasingly Globalized Economy, Stephen B. Moldof Jan 2005

Union Responses To The Challenges Of An Increasingly Globalized Economy, Stephen B. Moldof

Richmond Journal of Global Law & Business

No abstract provided.


Treading Deep Waters: Substantive Law Issues In Tuvalu's Threat To Sue The United States In The International Court Of Justice, Rebecca Elizabeth Jacobs Jan 2005

Treading Deep Waters: Substantive Law Issues In Tuvalu's Threat To Sue The United States In The International Court Of Justice, Rebecca Elizabeth Jacobs

Washington International Law Journal

In 2002, in response to the United States' refusal to ratify the Kyoto Protocol, the Pacific island nation of Tuvalu, vulnerable to submersion due to the rising sea level, threatened to bring a lawsuit against the United States in the International Court of Justice for damages to its island. Outside of various jurisdictional issues that may preempt the suit, Tuvalu's suit will likely have a number of substantive law problems. Tuvalu must show not only that the United States is unlawfully causing the island damage, but also that it has a right to future damages that have yet to occur. …


Why Tobacco Litigation Has Not Been Successful In The United Kingdom: A Comparative Analysis Of Tobacco Litigation In The United States And The United Kingdom, Andrei Sirabionian Jan 2005

Why Tobacco Litigation Has Not Been Successful In The United Kingdom: A Comparative Analysis Of Tobacco Litigation In The United States And The United Kingdom, Andrei Sirabionian

Northwestern Journal of International Law & Business

Litigation against tobacco companies, about smoking-related diseases, is novel outside of the United States. While in the past two decades U.S. courts have handed down costly verdicts against tobacco companies, European courts have not been as willing to rule against the tobacco industry. European courts have been much more reluctant to award damages to individuals with smoking related diseases or their families. As a result, courts outside the United States have not handed down major decisions against tobacco companies.


The Use Of International Accounting Standards In The European Union, Alexander Schaub Jan 2005

The Use Of International Accounting Standards In The European Union, Alexander Schaub

Northwestern Journal of International Law & Business

2005 is a watershed year for the application of International Accounting Standards (1ASs) in the European Union. From the first of January this year, all listed European companies must prepare their consolidated accounts using IASs or International Financial Reporting Standards (IFRSs). This requirement represents a quantum leap in the use of a single consistent set of accounting standards for capital markets in the European Union.


The Japanese Issues And Perspective On The Convergence Of International Accounting Standards, Mitsuru Misawa Jan 2005

The Japanese Issues And Perspective On The Convergence Of International Accounting Standards, Mitsuru Misawa

Northwestern Journal of International Law & Business

Japan is negotiating diligently with the European Union and is asking for its approval of the Japanese accounting standard as an equivalent to the IFRSs. If the Japanese accounting standard fails to be recognized as an equivalent of the IFRSs, disclosure by Japanese companies based on the Japanese accounting standard currently in the European Union would not be allowed. This would severely affect the financing activities of Japanese companies seeking to raise funds in the European Union. Japanese corporations are also concerned about the possibility that Japanese accounting standards could be branded as inferior to the European or U.S. Accounting …


The Private Sector Amendment To Australia's Privacy Act: A First Step On The Road To Privacy, Alexandra T. Mckay Jan 2005

The Private Sector Amendment To Australia's Privacy Act: A First Step On The Road To Privacy, Alexandra T. Mckay

Washington International Law Journal

Global and national transfers of personal information and data protection laws meant to regulate such transfers will have a significant impact on the growing Internet. Yet vastly different philosophies on how to protect individuals' personal information from theft or misuse by the private sector have led to very different regulatory models throughout the world. In the industrialized world, the European Union's approach, a universally applicable, comprehensive data protection law, occupies one end of the regulatory spectrum, while a self-regulatory scheme like the United States' stakes out the other end. Australia's Private Sector Privacy Act Amendment ("2000 Amendment") lies somewhere in …


La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, Jason J. Kilborn Jan 2005

La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, Jason J. Kilborn

Michigan Journal of International Law

This Article on the French law continues a study of European consumer debt-relief systems, which the author began previously in an article on the German system. With rapid legal and practical developments in consumer debt-relief law, Europe provides an excellent comparative legal laboratory for observing the potential benefits and pitfalls of consumer bankruptcy reforms. In particular, French and German experiences with long-term payment plans shed useful light on the great debate raging in the United States over similar plans.


Business, Labor And Law In The Global Economy: Resolution Of International Employment And Labor Disputes, William K. Slate Ii Jan 2005

Business, Labor And Law In The Global Economy: Resolution Of International Employment And Labor Disputes, William K. Slate Ii

Richmond Journal of Global Law & Business

No abstract provided.


Caught Between A Rock And A Soft Place: Regulating Legal Ethics To Police Corporate Governance In The United States And Hong Kong, Susan E. Carroll Jan 2005

Caught Between A Rock And A Soft Place: Regulating Legal Ethics To Police Corporate Governance In The United States And Hong Kong, Susan E. Carroll

Washington International Law Journal

Both the United States and Hong Kong have suffered through corporate governance scandals in recent years. The two nations have tried different methods of regulating legal ethics in order to curtail future corporate governance scandals. The United States, via the Sarbanes-Oxley Act of 2002, empowered the Securities and Exchange Commission ("SEC") to dictate disclosure requirements to U.S. lawyers who represent listed corporations. This mandate creates conflicts between lawyers' duty to keep clients' secrets and their duty to disclose client information for the protection of public interests. Hong Kong took a completely different approach. The Hong Kong Stock Exchange negotiated the …


Online Music Piracy: Can American Solutions Be Exported To The People's Republic Of China To Protect American Music?, Jolene Lau Marshall Jan 2005

Online Music Piracy: Can American Solutions Be Exported To The People's Republic Of China To Protect American Music?, Jolene Lau Marshall

Washington International Law Journal

Online music piracy is a major problem in the United States and a growing problem in the People's Republic of China ("PRC"). Despite awareness of the roots of the problem, the responses of the American government and recording industry have enjoyed only mixed success. The most effective ways of combating online music piracy have been the legal pursuit of individual copyright infringers and the emergence of fee-based download services. In light of the differences in social background, laws, enforcement structure, and cultural beliefs between the United States and the PRC, simply transplanting American responses to online music piracy to the …


Foreign Private Plaintiffs, Global Conspiracies And The Extraterritorial Application Of U.S. Antitrust Law, Wolfgang Wurmnest Jan 2005

Foreign Private Plaintiffs, Global Conspiracies And The Extraterritorial Application Of U.S. Antitrust Law, Wolfgang Wurmnest

UC Law SF International Law Review

No abstract provided.


Sealand Ho - Music Pirates, Data Havens, And The Future Of International Copyright Law, Kevin Fayle Jan 2005

Sealand Ho - Music Pirates, Data Havens, And The Future Of International Copyright Law, Kevin Fayle

UC Law SF International Law Review

No abstract provided.


Informal Rules, Transactions Costs, And The Failure Of The "Takings" Law In China, Chenglin Liu Jan 2005

Informal Rules, Transactions Costs, And The Failure Of The "Takings" Law In China, Chenglin Liu

UC Law SF International Law Review

Since the 1990s, China has witnessed large-scale demolition projects aimed at making room for commercial development. Commercial developers have been reluctant to provide residents with compensation and relocation arrangements, resulting in tension between residents and developers. To strike a balance between economic development and private property protection, lawmakers passed several laws to regulate government takings. In March 2004, a clause was added to Article 13 of the Constitution, requiring the government to compensate private owners when their property is taken for public use. The author concludes that widespread misuse of public purpose takings and forced evictions indicate that these new …