Comparative and Foreign Law Commons^™

Changing Notions Of Sovereignty And Federalism In The International Economic System: A Reassessment Of Wto Regulation Of Federal States And The Regional And Local Governments Within Their Territories, Edward T. Hayes

Northwestern Journal of International Law & Business

International trade liberalization increasingly addresses disciplines which fall within the constitutional competence of regional and local governments. Traditional notions of nation/state sovereignty are evolving to recognize the importance of regional and local actors on the international economic scene. The ongoing evolution of international trade and sovereignty incresasingly places regional and local governments in a unique position to influence world trade, positively and negatively.

This article explores the manner in which the World Trade Organization attempts to regulate regional and local behavior. Specifically, this Article explores the inherent constitutional tension and resulting ambiguities in the WTO's effort to regulate regional and …

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 …

Regulatory Frameworks In International Law, Hilary Charlesworth, Christine M. Chinkin

Book Chapters

Regulatory theory is concerned with how various forms of regulation, including law, govern social interaction. Much of the theoretical work on legal regulation has been developed in the context of domestic law. This chapter examines international law in the particular setting of regulation of outsider entities, such as failed and nascent states, that is where international regulation fills the vacuum caused by the collapse of domestic institutions and the rule of law. Through a brief examination of international regulation in Bosnia–Hercegovina and East Timor, this chapter asks what light a regulatory lens sheds on international law. Drawing on Hugh Collins's …

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 …

Terrorism And The Law (Yonah Alexander And Edgar H. Brenner, Eds., Transnational Publishers 2001). , Fara Gold

University of Miami International and Comparative Law Review

No abstract provided.

Not Thinking Like A Nonlawyer: Implications Of "Recogonization" For Legal Education, Robert J. Morris

Journal of Legal Education

No abstract provided.

A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger

Law Faculty Scholarly Articles

In May 2000, a French court decided that a French law banning the display of Nazi materials for sale applies to an auction website hosted by the California-based company Yahoo! Inc. The following year, at the request of Yahoo! Inc., a U.S. District Court declared that the French judgment was unenforceable in the United States because enforcing it would violate an important public policy-the First Amendment. These two cases have attracted considerable attention because they crystallize a difficult problem. The Internet is global. Every website potentially reaches every home on the planet. Thus, website content or activity that may be …

The Van Ert Methodology Of Domestic Reception, Jamie Cameron

Articles & Book Chapters

A review of Gibran van Ert's book: Using International Law in Canadian Courts. This review approaches the author's methodology of domestic reception from a constitutionalist's perspective.

Nov. 22 2002, Emails Btwn R. Kyte, Ifc, From Oilwatch Africa, Re Niger Delta Facility, Cao

CAO General 1999-Present

No abstract provided.

Helms Burton: Social Policy And Norm Definition, Manuel A. Rodriguez

University of Miami International and Comparative Law Review

No abstract provided.

The European Tendency Toward Non-Extradition To The United States In Capital Cases: Trends, Assurances, And Breaches Of Duty, Robert Gregg

University of Miami International and Comparative Law Review

No abstract provided.

Helms Burton: A View From Abroad, Runa Kinzel

University of Miami International and Comparative Law Review

No abstract provided.

2002, Rhetoric And Reality: Human Rights And The World Bank, Korinna Horta

CAO General 1999-Present

This statement by the World Bank in the context of its support for the largest private sector investment project in sub-Saharan Africa illustrates the problem in a nutshell. Can the world’s most powerful development agency achieve its goal of reducing poverty where political rights are repressed, where freedom of expression and discussion are absent and opposition forces are persecuted? This Article reflects a perspective drawn from the experience of Northern environmental organizations, such as Environmental Defense, which work closely with community groups, church groups, and development and human rights organizations as well as trade unions in many devel¬ oping countries. …

Can Treaty Law Be Supreme, Directly Effective, And Autonomous--All At The Same Time?, Richard Stith, J.H.H. Weiler

Law Faculty Publications

No abstract provided.

International Law And Uganda's Involvement In The Democratic Republic Of The Congo (Droc), Phillip Apuuli Kasaija

University of Miami International and Comparative Law Review

No abstract provided.

Assessing The World's Response To Apartheid: A Historical Account Of International Law And Its Part In The South African Transformation, Kevin Hopkins

University of Miami International and Comparative Law Review

No abstract provided.

Civil Society At The Wto: The Illusion Of Inclusion?, Jeffrey L. Dunoff

ILSA Journal of International & Comparative Law

In this brief essay, I want to link our panel's focus on civil society-and related issues of inclusion and participation-with the broader conference theme of international law and organizations as we enter the 21st century.

The Ottawa Convention Banning Landmines, The Role Of International Non-Governmental Organizations And The Idea Of International Civil Society, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Establishment of the Ottawa Convention Banning Landmines was regarded by many international law scholars, international activists, diplomats and international organization personnel as a defining, 'democratizing' change in the way international law is made. By bringing international NGOs - what is often called 'international civil society' - into the diplomatic and international law-making process, many believe that the Ottawa Convention represented both a democratization of, and a new source of legitimacy for, international law, in part because it was presumably made 'from below'. This article sharply questions whether the Ottawa Convention and the process leading up to it represents and real …

Multinational Enterprises And Human Rights, Cristina Baez, Michele Dearing, Margaret Delatour, Christine Dixon

University of Miami International and Comparative Law Review

No abstract provided.

Lessons From The Past And Strategies For The Future: Using Domestic, International And Comparative Law To Overturn Sodomy Laws, Charlene Smith, James Wilets

Seattle University Law Review

This Article will first discuss the legal importance of challenging sodomy laws, even though those laws are rarely enforced. It will then discuss the importance of incorporating international and comparative law in formulating these challenges. In Section II, Professor Charlene Smith will discuss past and future strategies, focusing on the topics of equal protection, morality, and the difference (or lack thereof) between acts and status. In Section III, Professor Jim Wilets will explore incorporating international and comparative law into domestic challenges to U.S. sodomy laws. This Article will demonstrate that there is binding Supreme Court authority requiring all U.S. courts …

International Fisheries Management: A Comparative Analysis Of Legal Approaches To Management In The Context Of Polar Fisheries Regimes, Stuart Bruce Kaye

PhD Dissertations

This thesis examines the management of marine living resources in international law. The thesis considers the development of the two principal approaches to fisheries management. The first approach is based upon maximising the yield of particular stocks, and is reflected in the content of the 1982 United Nations Convention on the Law of the Sea. It has evolved out of fisheries management theory developed since the 1950s, and focuses upon extracting the maximum harvest of a particular stock while still permitting that stock's biological regeneration. The second approach uses the precautionary principle, and may include management directed at the entire …

The World’S Youngest Political Prisoner, Richard Klein

Scholarly Works

Every participant at an international human rights conference in June 1998 received a small pamphlet published by Tibetan supporters of Tibetan Buddhism's highest-ranking figure, the Dalai Lama. Entitled "The World's Youngest Political Prisoner," the pamphlet makes a plea for support for a young boy, now nine years old, who the Chinese government has allegedly kidnapped and detained. The Dalai Lama, who has been living in exile for forty years, claims the boy is the eleventh reincarnation of the Panchen Lama, the second holiest individual in Tibetan Buddhism. This battle over the identification of the reincarnation of a holy man is …

The Dichotomy Between Standards And Rules, Mary C. Daly

Vanderbilt Journal of Transnational Law

The differences in perception between U.S. and foreign lawyer codes of conduct is more than simply a matter of academic interest or curiosity. It is only a matter of time until the WTO turns its attention to the codes, examining whether and to what extent they create illegitimate regulatory barriers to trade in legal services. As the participants in the Forum on Transnational Legal Practice have come to realize, if the legal profession is to play a meaningful role in cross-border regulation, it must seize the initiative, much as the CCBE did in 1988 with the adoption of the CCBE …

Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza

Journal Articles

Virtually all of Mary Ann Glendon's work can be seen as part of a persistent effort to open some windows in the edifice of American law and allow cross-currents of foreign experience to blow fresh insight into the rooms of our republic. In her critique of contemporary strains of rights discourse in the United States, she makes the case against American insularity quite directly: "In closing our own eyes and ears to the development of rights ideas elsewhere, our most grievous loss is ... the kind of assistance ... that can be gained from observing the successes and failures of …

Strengthening The Philip C. Jessup International Law Moot Court Competition, Harry H. Almond Jr.

ILSA Journal of International & Comparative Law

The Jessup Competition has awakened perspectives about decision making in the students of international law. It has served in the legal education of countless students, and it has even served the promotion and perhaps the development of international law itself

International Law And The Implementation Of The American Bar Association Resolution Regarding The American Bar Association Resolution Regarding The Death Penalty, Ved P. Nanda

ILSA Journal of International & Comparative Law

My assignment is to consider the emerging international norms and how they might affect implementation of the American Bar Association (ABA) resolution calling for a moratorium on the imposition and enforcement of the death penalty.'

Lost In Paradise: Lobbying Strategies For Public International Law Issues, Bruce Zagaris

ILSA Journal of International & Comparative Law

Increasingly in an interconnected world, Americans and people throughout the world are encountering situations in which their human rights are abused abroad. People are traveling to exotic parts of the world that have not experienced the extent of foreign penetration. Simultaneously, the enormous gaps between wealthy and impoverished

Review Essay-The Relucant Sheriff, Iv Ashton

ILSA Journal of International & Comparative Law

Dr. Haas sums up his basic approach as follows: "I propose that the United States adopt a foreign policy based on the notion of regulation."

The Economics Of Violence: Why Freedom From Domestic Violence Must Be Treated As A Developmental Right In International Law, Kelsey S. Barnes

University of Miami International and Comparative Law Review

No abstract provided.

Autonomy Through Separation?: Environmental Law And The Basic Law Of Hong Kong, Benjamin L. Liebman

Faculty Scholarship

One hundred days after taking office as Chief Executive of the Hong Kong Special Administrative Region (Hong Kong SAR) of the People's Republic of China, Tung Chee-hwa pledged both to take steps to improve Hong Kong's environment, and to increase coordination of environmental policy with officials in neighboring Guangdong Province. Tung's comments marked a rhetorical shift from environmental policy in British Hong Kong: eight years earlier, the Hong Kong government's first White Paper on environmental policy, Pollution in Hong Kong – A Time to Act, made only passing mention of China. Yet the White Paper was not alone in …