Comparative and Foreign Law Commons^™

United States Supreme Court Cases In The Court Of Justice Of The European Communities, Peter Herzog

UC Law SF International Law Review

No abstract provided.

Abortion And Women's Legal Personhood In Germany: A Contribution To The Feminist Theory Of The State, D. A. Jeremy Telman

Law Faculty Publications

No abstract provided.

System Dynamics: Toward A Language Of Comparative Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

Copyright Protection For Software, Ralph Oman

ILSA Journal of International & Comparative Law

The United States blazed the trail in giving copyright protection for software. Until just recently, many other countries favored sui generis protection for software, but that argument was finally settled in GATT/TRIPs and last December's World Intellectual Property Organization Copyright Treaty.

Time To Try Mediation Of International Commercial Disputes, Harold L. Abramson

ILSA Journal of International & Comparative Law

How many attorneys in the audience have ever participated in a domestic mediation? I see the hands of about four out of about a hundred people in attendance. How many attorneys in the audience have ever participated in an international mediation? I see two people raising their hands. This is a larger percentage of people than I had anticipated! (laughter)

Mediation In International Commercial Arbitration: Some Practical Aspects, David W. Plant

ILSA Journal of International & Comparative Law

In international commercial arbitration, some disputes cry out for informal resolution by the parties themselves. In assessing their response, parties, arbitrators and arbital institutions must have in mind fundamental, practical and ethical considerations. This paper addresses some of the practical and provocative issues raised in these circumstances.

Establishment Of An International Criminal Court, Steven J. Gerber

ILSA Journal of International & Comparative Law

It cannot be overemphasized how historic the negotiations to establish a permanent International Criminal Court (ICC) have been. Over 120 states have participated in the process and not one of them questions the need for a permanent ICC to try individuals accused of the most serious international crimes of genocide, crimes against humanity or serious violations of the laws and customs of war (war crimes).

Facilitating Accountability: The Potential Value Of International Guidelines Against Impunity, Madeline Morris

ILSA Journal of International & Comparative Law

We strive to overcome impunity for international crimes such as genocide, war crimes, and crimes against humanity. Our reasons may include a vision of justice and perhaps a hope for deterrence.

Death Penalty Primer: Reviewing International Human Rights Development & The Aba Resolution For A Moratorium On Capital Punishment In Order To Inform Debates In U.S. State Legislatures, Dorean Marguerite Koenig

ILSA Journal of International & Comparative Law

More than half of the world's nations have either abolished or no longer practice the death penalty. I In this coming year, the opportunity for a vast expansion in the number of nations which no longer adhere to the death penalty appears almost certain because of events which occurred in 1997, some of which are detailed here.

Jurisdiction And Evidence - An English Perspective, Steven Loble

ILSA Journal of International & Comparative Law

The countries of Europe have entered into multilateral treaties to facilitate doing business in Europe. These treaties cover jurisdiction, enforcement of foreign judgments and choice of law. The individual states in the United States have analogous arrangements to facilitate doing business within the United States.

Revive The Hague Evidence Convention, Andrew N. Vollmer

ILSA Journal of International & Comparative Law

This article is about the Hague Evidence Convention' and the Supreme Court's decision in Aerospatiale.2 Because Of Aerospatiale, the Hague Evidence Convention is used only rarely for party discovery in United States litigation. That is unfortunate, and my purpose here is to suggest reasons and ways to revive use of the Convention. I will first discuss several aspects of the international discovery situation before Aerospatiale.

International Law And Abolition Of The Death Penalty: Recent Developments, William A. Schabas

ILSA Journal of International & Comparative Law

As a goal for civilized nations, abolition of the death penalty was promoted during the drafting of the Universal Declaration of Human Rights' in 1948. It found, however, that expression was only implicit in the recognition of what international human rights law designated "the right to life;" the same approach was taken in the American Declaration of the Rights and Duties of Man, adopted May 4, 1948.

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

Issues Surrounding The Creation Of A Regional Human Rights System For The Asia-Pacific, Kelly Dawn Askin

ILSA Journal of International & Comparative Law

The only major region of the world that does not have a regional human rights commission or court is the Asia-Pacific. The Asia-Pacific can generally be recognized to include not only the entire Asian region, from Japan and the Philippines in the East to Pakistan and Afghanistan in the West, but also areas of the South Pacific, including Australia, New Zealand, the East Indies and the Pacific Islands, and Russia.

Execution Of Foreign Nationals In The United States: Pressure From Foreign Governments Against The Death Penalty, John Quigley

ILSA Journal of International & Comparative Law

One of the sources of pressure against the use of capital punishment in the United States is foreign governments. Half the world's states do not use capital punishment. Importantly, that half includes all of Western Europe. The states of Western Europe, as a result of their economic situation and their economic cohesiveness, are better positioned than most other states in the world to put pressure on the United States on human rights matters.

Crimes Of War: A Personal Account Of The Horrors Revealed By An Investigation Of A Nazi War Criminal, Peter Watson

ILSA Journal of International & Comparative Law

Crimes of war pose an inherent contradiction. They demand justice, but we find ourselves uneasy at putting our enemies on trial. Since Nuremburg, such issues have challenged our morality and confronted our conscience. Is it that we recoil from the spoils of the victor, taking illegitimate advantage of the vanquished?

The Logical Next Step? An International Perspective On The Issues Of Human Cloning And Genetic Technology, Jason T. Corsover

ILSA Journal of International & Comparative Law

"If you're a scientist, you believe that it is good to find out how the world works; that it is good to find what the realities are; that it is good to turn over to mankind at large the greatest possible power to control the world…”

- Robert Oppenheimer on the Manhattan Project

Made In America: Latin American Consumers Meet Their Maker, Jessica Garcia

ILSA Journal of International & Comparative Law

In recent years, individuals living in the United States have exported various supplies to people in third world countries. In particular, many goods have been exported to Latin American countries, including Cuba.

The Right To Privacy In Great Britain: Will Renewed Anti-Media Sentiment Compel Great Britain To Create A Right To Be Let Alone?, Laura Lee Mall

ILSA Journal of International & Comparative Law

The concept of privacy and the legal rights it implicates have historically proved difficult to define. In 1888, an English judge named Cooley coined one of the broadest yet most commonly used phrases to describe the right to privacy.

La Libertad De Expresion, La Libertad De La Prensa Y Sus Limites, Jose’ Sebastian Elias, Juan Cruz Diaz

ILSA Journal of International & Comparative Law

Hoy dia, los medios masivos de comunicaci6n, con su desarrollo imparable y asombroso, han alcanzado un nivel de importancia en nuestras vidas que no se imaginaron hace unos afios.

Guidelines For Alien Affairs In Ecuador, Maria Cecilia Romo-Leroux, Mario Alejandro Flor

ILSA Journal of International & Comparative Law

The Alien Law and Regulations published in Official Register No. 382 on December 30, 1977, contains the provisions in force pertinent to aliens. Aliens are defined therein as all individuals to whom the Constitution and other laws of the Republic of Ecuador does not grant Ecuadorian citizenship.

Congressional Support For Customary International Human Rights As Federal Common Law: Lessons Of The Torture Victim Protection Act, Ryan Goodman

ILSA Journal of International & Comparative Law

Transnational human rights litigation has succeeded at a steady pace since the Second Circuit's 1980 decision, Filartiga v. Pena-Irala.' In Filartiga, the court construed an eighteenth century statute - the Alien Tort Claims Act (ATCA) - as granting both a cause of action and jurisdiction to two Paraguayan citizens

The Criminalization Of Trade Secret Theft: The Economic Espionage Act Of 1996, Pamela B. Stuart

ILSA Journal of International & Comparative Law

The collapse of the Soviet Union has resulted in far-reaching changes in the global environment. One of the immediate effects of the demise of what Ronald Reagan dubbed the Evil Empire was the need to find useful work for the army of FBI agents who formerly were assigned to counter-intelligence.

The Right To Die With Dignity With The Assistance Of A Physician: An Anglo, American And Australian International Perspective, Elizabeth Woods

ILSA Journal of International & Comparative Law

Individuals should have the right to end their life with dignity at the time of their own choosing, but this right must be carefully balanced with the idea of a right to life. Thus, seeking a balance between the two rights is the crux of the problem and the corresponding solution.

Actual Ley Economica Argentina, Carlos Eduardo Ferndndez

ILSA Journal of International & Comparative Law

La ley econ6mica internacional puede analizarse en tres niveles diferentes:' el nivel de transacciones privadas entre las personas jurfdicas privadas; el nivel de regulaciones gubernamentales nacionales y su efecto internacional; y finalmente, el nivel de las regulaciones internacionales entre-gubernamentales.

Relaciones Entre La Normativa Derivada De Los Organos Del Mercosur Y Los Sistemas Juridicos Particulares De Los Esrados Que Lo Conforman, Gabriel Albarracin, Laura Aguzin, Selva Degiorgio

ILSA Journal of International & Comparative Law

A partir del protocolo de Ouro Preto (P.O.P.) es indudable que el Mercosur tiene subjetividad juridica internacional,l resultando ser en este respecto una organizaci6n intergubernamental con subjetividad juridica internacional.

The Present Argentine Economic Law, Carlos Eduardo Ferndndez

ILSA Journal of International & Comparative Law

International Economic Law can be analyzed on three different levels

Tema: Proteccion Internacional Del Consumidor, Javier Alberto Toniollo

ILSA Journal of International & Comparative Law

Es necesario hacer algunas consideraciones preliminarias sobre esta materia a la que el derecho internacional privado debe proporcionar soluciones justas

Adelantos Tecnologicos Bancario: Un Movimiento A Una Economia Global, Cymonie Rowe

ILSA Journal of International & Comparative Law

La tecnologfa penetra cada aspecto de la sociedad. Desde la medicina, al proceso de datos y la industria bancaria, la tecnologia, mientras discutiblemente un avarice, tiene el potencial de criar consecuencias inesperadas.

The Relationship Between The Laws Derived From The Organs Of Mercosur And The Legal Systems Of The Countries That Comprise Mercosur, Gabriel Albarracin, Laura Aguzin, Selva Degiorgio

ILSA Journal of International & Comparative Law

Starting from Ouro Preto's Protocol (O.P.P.) it is certain that Mercosur has international legal subjectivity,' becoming in this respect an intergovernmental organization with international legal subjectivity.