Comparative and Foreign Law Commons^™

Foreign Trade Regulation Of Korea In The Wto World, Eun Sup Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Microfinance And The Mechanics Of Solidarity Lending: Improving Access To Credit Throught Innovations In Contract Structure, Jameel Jaffer

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Note: English Child Custody Law, 1660-1839: The Origins Of Judicial Intervention In Parental Custody, Sarah Abramowicz

Law Faculty Research Publications

Many legal historians see pre-1839 English child custody law as consisting of near-absolute paternal rights. These historians believe that the weakening of fathers' rights began with the 1839 Custody of Infants Act, which created certain maternal custody rights. Other historians have noted that paternal custody was qualified even before 1839 by the Court of Chancerys application of the doctrine of parens patriae. This Note tells a different story and argues that the origin of incursions into the so-called "empire of the father" was the 1660 Tenures Abolition Act, a statute that ironically seemed designed to strengthen fathers' rights. The …

Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies

UIC John Marshall Journal of Information Technology & Privacy Law

The right to privacy is one of the most fundamental rights recognized. References to privacy date back to ancient Greece and China. Rapid advances in information technology and high-speed data networks have had an enormous impact on privacy. Today, personal medical and financial information can easily be transmitted with and without the one knowing. Can privacy law keep up with these changes and challenges? Privacy advocates are concerned. Nearly every country in the world has some form of privacy provision in its constitution. However, the definition of privacy differs from context and environment. The authors chronicle the status of privacy …

Whither Brazil: Mercosul And The Devaluation Crisis, Keith S. Rosenn

Articles

No abstract provided.

Noncompete Covenants In Japanese Employment Contracts: Recent Developments, Miwako Ogawa

UC Law SF International Law Review

Like employers in the United States, employers in Japan seek to prevent their former employees from competing with them by using noncompete covenants. As Japan's work force and employment system become more diverse, individualized and laterally mobile, noncompete provisions are appearing before the Japanese courts with increasing frequency.

The Japanese courts' approach to noncompete clauses is to scrutinize their "reasonableness" by balancing the competing interests of the employer in protecting its business goals and the employee in preserving his right to freedom of occupation. However, the notion of "reasonableness" has been elusive, causing the Japanese courts to struggle with application …

Prospects For Local Competition In Telecommunications: A Comparison Of The Chilean And American Approaches To Regulatory Reform, Melissa Sampson Mcmorrow

UC Law SF International Law Review

For decades, most nations provided telecommunications services through regulated monopolies or by stale-owned entities. Many nations, including Latin American countries, provided such services through state-owned industries for various reasons. Technological advancements and regulatory reform have dismantled the old guard systems and have ushered in a new era in telecommunications. Latin American countries are going through a dual process of privatization and liberalization. Chile led the region in this effort in the late 1970s. Chile also led the world in creating a competitive market for telecommunications. Its legal framework has opened all markets-long distance, advanced, and local-to competition to varying extents. …

The Foreign Corrupt Practices Act As A Threat To Global Harmony, Steven R. Salbu

Michigan Journal of International Law

Focusing primarily on the pragmatic and moral perils of cultural imperialism, I also alluded very briefly to a "political peril" that arises from the FCPA. This peril consists of the added risk of cross-national hostility that is attributable to officious and overreaching legislation across national borders. This article will examine the political hazard in greater detail, explaining why the proliferation of FCPA-style legislation unjustifiably increases the threat to global harmony.

Recent Work On Dispute Resolution By The United Nations Commission On International Trade Law, Howard M. Holtzmann

ILSA Journal of International & Comparative Law

My assignment today is to discuss the recent work of the United Nations Commission on International Trade Law ("UNCITRAL") in the field of arbitration and other forms of dispute resolution.

Women And The International Monetary Fund, Jane Lee Saber

ILSA Journal of International & Comparative Law

Madam chair, distinguished guests, ladies and gentlemen: It is my privilege to be here today, to discuss the progress that the world has made in ensuring the rectification of facts presented at Seneca, some 150 years ago.

Anti-Piracy Law In The Year Of The Ocean: Problems And Opportunity, Samuel Pyeatt Menefee

ILSA Journal of International & Comparative Law

This is an appropriate, if perhaps unexpected, coda to a centennium which feathured [irate expert Philip Gosse's optimistic assertion that "[t]he end of piracy, after centuries, was brought about by public feeling, backed up by the steam-engine and telegraph."

Teaching International Law: Views From An International Relations Political Scientist, Christopher C. Joyner

ILSA Journal of International & Comparative Law

Contrary to common belief, international law is real and relevant to many professors of political science.'

Lessons From The Akayesu Judgement, Jose E. Alvarez

ILSA Journal of International & Comparative Law

The judgment issued on September 2, 1998 by the International Criminal Tribunal for Rwanda (hereinafter ICTR) finding Jean-Paul Akayesu guilty on various charges of genocide and crimes against humanity is likely to please those who have long struggled for the progressive development and effective enforcement of international criminal law.

From Seneca Falls To The Fiftieth Anniversary Of The Universal Declaration Of Human Rights-Gauging The Campaign For The Human Rights Of Women, Jessica Neuwirth

ILSA Journal of International & Comparative Law

This year marks the 150th anniversary of the Declaration of Sentiments, a declaration of women's rights adopted in Seneca Falls at a meeting which inaugurated the women's suffrage movement in the United States.

Human Rights And Sovereign And Individual Immunities (Sovereign Immunity, Act Of State, Head Of State Immunity And Diplomatic Immunity) - Some Reflections, Ved P. Nanda

ILSA Journal of International & Comparative Law

Reflections on the application of sovereign and individual immunities law are especially pertinent in light of the controversy surrounding the arrest and trial of General Augosto Pinochet in Britain, at the request of a Spanish magistrate on charges of murder, hostage-taking, and torture during his seventeen year rule in Chile

Rwandan Justice And The International Criminal Court, Madeline H. Morris

ILSA Journal of International & Comparative Law

A complex and important feature of the International Criminal Tribunal for Rwanda is its concurrent jurisdiction with national courts

International Terrorism Under The Law, Yassin El-Ayouty

ILSA Journal of International & Comparative Law

Terror has been generally defined as "the threat or use of violence in order to create extreme fear and anxiety in a target group so as to coerce them to meet political (or quasi-political) objectives of the perpetrators

The Inter-American Court Of Human Rights, Jorge Luis Delgado

ILSA Journal of International & Comparative Law

The Inter-American Court of Human Rights (Court or the Inter- American Court) was created by the entry into force of the treaty known as the American Convention on Human Rights (Convention).'

Changes In International Air Cargo: Montreal Protocol No. 4 Attains Force Of Law, Carl W. Christy Jr.

ILSA Journal of International & Comparative Law

On March 4, 1999, the handling of many international air cargo claims arising within the United States changed

Administered Versus Non-Administered Arbitration, Peter H. Kaskell

ILSA Journal of International & Comparative Law

CPR is a Not-For-Profit membership organization with a staff of modest size and panels of arbitrators and mediators second to none.

A Survey Of Florida Law Governing Foster Care In Comparison To The United Kingdom And Canada, Alyssa R. Zebrowsky

ILSA Journal of International & Comparative Law

A grand jury report issued in the spring of 1998 provided that the children of Broward County, Florida, placed in the protection of the Department of Children and Families ("DCF"), are in peril.

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

ILSA Journal of International & Comparative Law

The Universal Declaration of Human Rights embodies three essential features: (1) it articulated shared, universal values; (2) it identified and strengthened the significance of the individual as a subject of international law, and (3) it declared and emphasized the responsibilities of states to- wards individuals.

Las Reparaciones En El Sistema Interamericana De Proteccion De Derechos Humanos, Victor M. Rodriquez Rescia

ILSA Journal of International & Comparative Law

Los tribunales internacionales en general, tienen como parte de su competenia poner termino a los conflictos que se les presenten por parte de los sujetos con capacidad legal para accionar ante ellos mediante la emision de una sentencia o fallo.

Implications Of A Palestinian State For Israeli Security And Nuclear War: A Jurisprudential Assessment, Louis Rene Beres

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Current Global Environment Outlook: How Is Industry Doing In Meeting The Rio Declaration Goals, 32 J. Marshall L. Rev. 289 (1999), Helene Genot, Dan Tarlock, Dixie Lee Laswell

UIC Law Review

No abstract provided.

Notaries In The American Colonies, 32 J. Marshall L. Rev. 863 (1999), John E. Seth

UIC Law Review

No abstract provided.

New Technology And A Global Economy Demand That American Notaries Better Prepare For The Future: Upgrading The Current Common Law System May Mean Establishing A New Class Of Cyber Professional, 32 J. Marshall L. Rev. 935 (1999), Milton G. Valera

UIC Law Review

No abstract provided.

Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith

UIC Law Review

No abstract provided.

Foundations For 15(1): Equality Rights In Canada, Martha A. Mccarthy, Joanna L. Radbord

Michigan Journal of Gender & Law

The paper discusses a selection of important cases under section 15 of the Canadian Charter of Rights and Freedoms. It traces the development of equality jurisprudence from the introduction of section 15 to early approaches in Andrews, Hess, Weatherall, Symes, and McKinney. This review illustrates the persistence of formal equality analysis and the threats of biology, morality, and tradition to the realization of substantive equality. The May 25, 1995, trilogy of Egan, Miron, and Thibaudeau is critiqued in detail. Finally, we turn to more recent jurisprudence and offer a brief discussion of M. v. H.

Equality And Sex Discrimination In The European Union-Is Shifting The Burden Of Proof The Answer?, Janet L. Luxton

Penn State International Law Review (1982 - 2011)

No abstract provided.