Comparative and Foreign Law Commons^™

Implied Powers Beyond Functional Integration? The Flexibility Clause In The Revised Eu Treaties, Carl Lebeck

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Prostituting Peace: The Impact Of Sending State's Legal Regimes On U.N. Peacekeeper Behavior And Suggestions To Protect The Populations Peacekeepers Guard, Alexandra R. Harrington

Florida State University Journal of Transnational Law & Policy

No abstract provided.

No End In Sight: The Effect Of The Boumediene Decision On Detainees Held By The United States At Guantanamo Bay, Cuba, Connie Kaplan

ILSA Journal of International & Comparative Law

Imagine that you are looking for a better life. You immigrate to a new country and fourteen years later you become a citizen.

The Need For Judicial Activism Acceptance Speech, Dr. Tariq Hassan

ILSA Journal of International & Comparative Law

Honorable President, Dean of the Shepard Broad Law Center, members of the faculty, respected students, distinguished guests, ladies and gentlemen.

Restructuring The Courts: In Search Of Basic Principles For The Judiciary Of Post-War Bosnia And Herzegovina, David Pimentel

Articles

No abstract provided.

Three Questions That Will Make You Rethink The U.S.-China Intellectual Property Debate, 7 J. Marshall Rev. Intell. Prop. L. 412 (2008), Peter K. Yu

UIC Review of Intellectual Property Law

Commentators have attributed China’s piracy and counterfeiting problems to the lack of political will on the part of Chinese authorities. They have also cited the many political, social, economic, cultural, judicial, and technological problems that have arisen as a result of the country’s rapid economic transformation and accession to the WTO. This provocative essay advances a third explanation. It argues that the failure to resolve piracy and counterfeiting problems in China can be partly attributed to the lack of political will on the part of U.S. policymakers and the American public to put intellectual property protection at the very top …

The Paradox Of Confucian Determinism: Tracking The Root Causes Of Intellectual Property Rights Problem In China, 7 J. Marshall Rev. Intell. Prop. L. 454 (2008), Wei Shi

UIC Review of Intellectual Property Law

This article attempts to track China’s intellectual property rights (“IPR”) enforcement problem through exploring its fundamental institutional defects that fuels impunity of, or at least fails instilling an ethos hostile to, IPR infringements. By examining China’s philosophical and institutional predisposition, this article argues that counterfeiting and piracy are not problems caused by the Confucian ethics, as the conventional wisdom underscores, but rather, among other things, a unique political phenomenon resulting from the systemic dystrophy fundamental to the institutional development. This article concludes that, to a large extent, the IPR enforcement problems in China are attributed to its unique bureaucracy characterized …

Modes Of Procedural Reform, Richard L. Marcus

UC Law SF International Law Review

Procedural reform seems to be a constant concern in most countries, but there are different modes of accomplishing it. One is to empower judges to develop their own rules of procedure. Another is to have a legislative body do so. A third is to borrow procedural regimes from another nation. And a final mode would be to leave procedural reform to a band of "experts" who can devise the preferred solutions to procedural problems. This paper provides an initial examination into whether the mode of procedural reform used influences the nature or aggressiveness of the reforms themselves. Drawing mainly from …

The Internationalization Of The American Journal Of International Law: Reality Or Chimera (A Survey), Christos Ravanides

UC Law SF International Law Review

In 2006 the American Society of International Law celebrated its centennial anniversary. In 2007 it is the turn of the Society's flagship publication, the American Journal of International Law, to celebrate its centennial volume. This first-of-its-kind detailed survey dissects the Journal's "international" attribute: how truly "international" and how "American" has this prestigious publication proved in the course of a century? How accommodating a host has it been to international lawyers with no U.S. affiliation or with 'deviating' views on international law? The research has been multi-fold; we examine the content, the structure and the thematology of the Journal, measuring foreign …

New Trends In Procedural Law: New Technologies And The Civil Litigation Process, Janet Walker, Garry D. Watson

UC Law SF International Law Review

This report for the International Association of Procedural Law examines the impact of new technologies on the litigation process in six countries: The United States, Australia, Israel, Singapore, England and Wales, and Canada. Drawing on national reports from each of these countries, it considers: how new technologies are re-shaping the ways that we record and store information in the litigation process; the ways that the participants in the process communicate with one another; and the ways in which the case record or file is developed. It also considers whether new technologies are making the litigation process more efficient, more accessible …

Implementing The Prohibition Of Torture On Three Levels: The United Nations, The Council Of Europe, And Germany, Joachim Herrmann

UC Law SF International Law Review

In the fight against terrorism the United States government has tried to draw a line between proper and improper methods of interrogation and treatment of detainees. The question whether and to what extent torture and other kinds of ill-treatment might be justified is widely discussed in the United States today. To date, no satisfying answer has been found. There is doubt that a generally accepted answer could ever be found. In view of this dilemma it might be helpful to look beyond the borders of the United States to see what answers have been given elsewhere. This paper will explain …

Peacekeeping In Name Alone: Accountability For The United Nations In Haiti, Matt Halling, Blaine Bookey

UC Law SF International Law Review

The period from February 29, 2004 - the day democratically elected President Jean-Bertrand Aristide was forced to leave his country - to the present has marked a dark period for Haiti. Thousands of men, women and children have been murdered, raped, and unlawfully detained. Peacekeeping forces of the United Nations Stabilization Mission in Haiti ("MINUSTAH"), sent to Haiti in an effort to reinstall democracy, are directly responsible for scores of these human rights violations through direct action and willfully blind inaction. This report attempts to demonstrate the magnitude of human rights abuses that have occurred and continue to occur in …

Sixty Years In The Making: The Definition Of Aggression For The International Criminal Court, Keith A. Petty

UC Law SF International Law Review

The post-war trials of Axis, war criminals marked the last time that the crime of aggression was prosecuted. Today, the Special Working Group on the Crime of Aggression (SWG) is nearing agreement on a definition that will likely be adopted by the Assembly of States Parties to the International Criminal Court (ICC) - a prerequisite to the Court's exercise of jurisdiction over this, particular offense. In spite of decades of work, several key issues remain to be resolved before the definition is finalized. These include: The level of involvement of the Security Council in determining when a State commits aggressive …

Balancing, The Global And The Local Judicial Balancing As A Problematic Topic In Comparative (Constitutional) Law, Jacco Bomhoff

UC Law SF International Law Review

Courts in Europe, North America and elsewhere frequently use the language of "balancing" when dealing with fundamental rights cases. In addition, judges and scholars increasingly often rely on the image of balancing, or "weighing," to draw (self-)portraits of legal cultures and to frame contrasts and similarities between legal orders. This article argues that this form of discourse occupies a particularly problematic position as a topic of comparative constitutional law, and this for two primary reasons.

First, while balancing references, as legal arguments, function primarily to justify the exercise of judicial power in particular - local - settings, their legitimizing force …

Recognition And Enforcement Of U.S. Punitive Damages Awards In Continental Europe: The Italian Supreme Court's Veto, Francesco Quarta

UC Law SF International Law Review

Once again, a European court denied the enforcement of a U.S. punitive damages award. Different actors, same outcome: punitive damages are deemed contrary to public policy in Europe, where the different national systems of civil liability do not seek punishment, but strict compensation. This article studies the developments of punitive damages within the United States, highlighting the anomalies that such doctrine carries with regard to both private and criminal law. Among the explicit goals of this study is the disclosure of the main (constitutional) hurdles which the Italian legal system poses to the judicial recognition of U.S. punitive damages awards. …

Extraterritorial Jurisdiction In Civil, Commercial, And Investment Matters, Anibal Sabater

ILSA Journal of International & Comparative Law

Extraterritorial jurisdiction can be defined as a government's ability to adjudicate disputes involving individuals who are located and/or events that have taken place in anotherjurisdiction, including acts and omissions of foreign officials.

Taxation As A Global Socio-Legal Phenomenon, Allison Christians, Steven Dean, Diane Ring, Adam H. Rosenzweig

ILSA Journal of International & Comparative Law

This essay makes a proposal that may not be controversial among those with a particular interest in international law, but may be less accepted among those primarily interested in tax law: that international social and institutional structures shape, and are shaped by, historical and contemporary domestic policy decisions.

Can A State Or A Head Of State Claim The Benefit Of Immunities In Case An International Crime Has Been Committed?, Brigitte Stern

ILSA Journal of International & Comparative Law

I propose to deal with a topic which is at the crossroads of what I see as the main tension in international law today. This is the tension-not to say more-between state sovereignty, on one side, and the protection of the human rights of individuals on the other.

The Ethical Trade In Cultural Property: Ethics And Law In The Antiquity Auction Industry, Kimberly L. Alderman

ILSA Journal of International & Comparative Law

This article considers from an ethical perspective the role that auction houses play as facilitators of the illicit antiquity trade

The Private Military Company-Unravelling The Theoretical, Legal & Regulatory Mosaic, Benedict Sheehy, Jackson N. Maogoto

ILSA Journal of International & Comparative Law

"Our economic analysis has disclosed the fact that it is only the interests of competing cliques of business men-investors, contractors, export manufacturers, and certain professional classes-that are antagonistic; that these cliques, usurping the authority and voice of the people, use the public resources to push their private interests, and spend the blood and money of the people in this vast and disastrous military game, feigning national antagonisms which have no basis in reality."'

Evaluating Imf Crisis Prevention As A Matter Of Global Justice, Frank J. Garcia

ILSA Journal of International & Comparative Law

The previous speaker, Jonathan Fried, masterfully outlined the International Monetary Fund (Fund or IMF)'s recent policy reform efforts, in particular its shift towards crisis prevention, as only an IMF Executive Director could.'

The Energy Charter Treaty: An Overview, Lucy Reed, Lucy Martinez

ILSA Journal of International & Comparative Law

This article briefly discusses the substantive protections of the Energy Charter Treaty (ECT) (Section I, infra), the ECT's dispute resolution provisions (Section II, infra), and the ECT arbitral jurisprudence to date, including composition of ECT tribunals (Section III, infra).

Re-Examining International Responsibility: "Complicity" In The Context Of Human Rights Violations, John Cerone

ILSA Journal of International & Comparative Law

Recent events have focused the attention of international jurists on international responsibility for complicit conduct.

From The United Nations Arms Register To An Arms Trade Treaty-What Role For Delegation And Flexibility?, Cristiane Carneiro

ILSA Journal of International & Comparative Law

The scholarship on conventional disarmament, especially vis-A-vis the trade in conventional weapons, is surprisingly scarce.

Strategy In International Litigation, John Fellas

ILSA Journal of International & Comparative Law

The choice of forum in international litigation-which country's courts will hear the dispute--can be outcome determinative.

The Cards As A Payment Method And As A Financial Service In Spain: The Responsibility System, Immaculada Barral Vinals

ILSA Journal of International & Comparative Law

It is not uncommon to hear credit cards referred to as "plastic money".

Multinational Corporations As Objects And Sources Of Transnational Regulation, Larry Cata Backer

ILSA Journal of International & Comparative Law

It was my great pleasure to participate in the 2007 International Law Weekend organized in New York City by the American Branch of the International Law Association and held at the House of the Association of the Bar of the City of New York on October 25-27, 2007

Beyond Sovereignty? The State After The Failure Of Sovereignty, Eric Engle

ILSA Journal of International & Comparative Law

Sovereign state power, absolute and unlimited, were supposed to guarantee the lives and property of citizens. Instead, states became vectors for mass violence.

A Primer On International Environmental Law: Sustainability As A Principle Of International Law And Custom, Mark S. Blodgett, Richard J. Hunter, Hector R. Lozada

ILSA Journal of International & Comparative Law

International environmental law draws from two important sources: international treaties and conventions' and customary international law.

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.