Comparative and Foreign Law Commons^™

With Law In Their Minds: Some Reflections On The Nature Of Public International Law At The Light Of Current Political Science Theory, Carlos Fernando Diaz

ILSA Journal of International & Comparative Law

The conclusion I came to during my time in the Foreign Office was that the old international order was neither a natural phenomenon to which humanity had simply adjusted its behaviour nor a fortuitous aggregation of countless past events of human interaction.

Technological Advances In Banking: A Move To A Global Economy, Cymonie Rowe

ILSA Journal of International & Comparative Law

Technology permeates every aspect of our society. From medicine to data processing and the banking industry, technology, while arguably an advancement, has the potential of breeding unexpected consequences. Technology has permeated the banking industry as well. The once

Left Out Of The Game: Fast-Track, Non-Tariff Barriers, And The Erosion Of Federalism, William J. Kovatch Jr.

ILSA Journal of International & Comparative Law

On January 27, 1998, an embattled President Clinton stood before the nation promoting a litany of government initiatives in his State of the Union Address.

Reconsidering The Israeli Courts' Application Of Customary International Law In The Human Rights Context, Leonard M. Hammer

ILSA Journal of International & Comparative Law

Discussions regarding the problem of identifying customary international law have essentially focused on two principal issues.

The Convention On The Rights Of The Child: The Necessity Of Adding A Provision To Ban Child Marriages, Ladan Askari

ILSA Journal of International & Comparative Law

The United Nations Convention on the Rights of the Child [hereinafter "CRC"], adopted on November 20, 1989 is considered by many to be a comprehensive treaty

The European Community's Combat Against Money Laundering: Analysis And Evaluation, Konstantinos D. Magliveras

ILSA Journal of International & Comparative Law

The first concrete reference to money laundering can be traced to the European Parliament [hereinafter "EP"] Resolution of October 16, 1986.

The Permanent International Criminal Court: An Examination Of The Statutory Debate, Michael Bachrach

ILSA Journal of International & Comparative Law

In 1994, the International Law Commission ("ILC") authored a Draft Statute' in an attempt to help establish a permanent International Criminal Court ("ICC").

Child Sex Tourism And Child Prostitution In Asia: What Can Be Done To Protect The Rights Of Children Abroad Under International Law?, Elizabeth Bevilacqua

ILSA Journal of International & Comparative Law

Children are undoubtedly the future of any society, and have the potential for someday becoming incredible assets to the countries in which they live.

An Analysis Of The North American Agreement On Environmental Cooperation, Aimee L. Weiss

ILSA Journal of International & Comparative Law

Nogales, Mexico is a city along the United States and Mexico border that is often referred to as "Paradise Lost

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

ILSA Journal of International & Comparative Law

Since the late 1970's, Islamic fundamentalism and violence has spread from the Middle East to as far away as Algeria in West Africa and Mindanao, an island in the Philippines.

Con Ley En Sus Mentes: Algunas Reflexiones En La Naturaleza De La Ley Internacional Publica A La Luz De La Teoria De La Ciencia Politica Actual, Carlos Fernando Diaz

ILSA Journal of International & Comparative Law

La conclusi6n a la cual llegu6 durante mi tiempo en la Oficina Extranjera era que el orden internacional viejo no era un fen6meno natural al que la humanidad habia ajustado su conducta ni una agregaci6n fortuita de eventos pasados innumerables de interacci6n humana.

South Africa: Divided Or United By Color - A Detailed Look At The Legal Resources Centre, Lourdes M. Ventura

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

U.S. Income Taxation Of Foreign Parties: A Primer, Ernest R. Larkins

Syracuse Journal of International Law and Commerce

Over the last five years for which data are available, the number of foreign corporations showing net income on Form 1120F, U.S. Income Tax Return of a Foreign Corporation, has increased 36.5 percent. [1] In addition, the number of individuals granted temporary stays in the United States as non-immigrants has steadily increased from 9.5 million in 1985 to 24.8 million in 1996, an average annual increase of 9.1 percent. [2] These increases evidence growing opportunities to serve international clients and suggest that tax professionals must have a fundamental working knowledge of the way the U.S. tax system treats foreign parties. …

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Economic Espionage: The Front Line Of A New World Economic War

Syracuse Journal of International Law and Commerce

No abstract provided.

Sovereignty And Delegation Issues Regarding U.S. Commitment To The World Trade Organization's Dispute Settlement Process, Mari Presley

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The World Trade Organization And States' Rights: Will Foreign Threats Over Massachusetts' Burma Law Lead To A Domsetic Backlash Against International Trade Agreements, Brian Owens

UC Law SF International Law Review

This Note argues that the WTO's current dispute resolution system creates sovereignty tensions between member nations that are afforded a host of protections and their sub-national entities which do not have comparable protections. For example, states and other sub-national governments do not have standing before the WTO. They can neither bring a dispute before the WTO nor defend themselves against an attack on their domestic laws from WTO member nations.

This lose of state sovereignty to binding international agreements is exemplified by Massachusetts, which recently passed a law barring public agencies from doing business with any companies investing in Burma. …

A Comparison Of Protecting The Environmental Interests Of Latin-American Indigenous Communities From Transnational Corporations Under Internation Human Rights And Environmental Law, Maura Mullen De Bolívar

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Syracuse Journal Of International Law And Commerce - Vol. 26, No. 1 (Complete)

Syracuse Journal of International Law and Commerce

No abstract provided.

Structuring European Community Law: How Tacit Knowledge Matters, Pierre Legrand

UC Law SF International Law Review

No abstract provided.

Reconstituted Consonants: The Reach Of A Common Ore Analogy In Human Rights, L. Amede Obiora

UC Law SF International Law Review

No abstract provided.

Comparative Study Of The Divorce Laws In California And The Mexican Federal District, Sharilyn R. Payne

UC Law SF International Law Review

This Note compares the no-fault divorce laws of California with the fault divorce laws of the Mexican Federal District. It looks at the laws themselves, their histories, how they take the family into account, the divorce rates of both areas, and new trends in divorce laws. This study then attempts to determine whether there is any correlation between divorce rates and the difficulty or ease with which a divorce can be obtained. It stresses the need to conduct this type of analysis before rushing to change the law.

Foreign Corrupt Practices Act: Compliance Issues From A German And European Perspective, Andreas G. Junius

ILSA Journal of International & Comparative Law

Corruption has become a major topic of almost daily attention within the media. It has been of varying degrees of concern in different countries. Historic and cultural differences play a role. In some Asian or Arab cultures, for instance, the bakshish mentality is a way of life and is socially accepted.

1997-1998 Survey Of International Law In The Second Circuit

Syracuse Journal of International Law and Commerce

This survey reviews significant case law from the United States Court of Appeals for the Second Circuit, the Federal District Courts in New York, and the New York Court of Appeals decided from Aug. 1, 1997 through Aug. 1, 1998. Only those cases which overturned old law and/or broke new ground were included in this survey. Consequently, cases that simply reaffirmed previous decisions were not reported.

Table of Contents I. Foreign Sovereign Immunity Act II. Forum Non-Conveniens III. Immigration and Nationality Act IV. Quasi-In-Rem Jurisdiction and the Question of Due Process for Foreign Entities V. Warsaw Convention

Saddam Hussein As Hostes Humani Generis? Should The U.S. Intervene?, Edieth Y. Wu

Syracuse Journal of International Law and Commerce

This article discusses several jurisdictional principles which may assist the United States in its efforts to acquire jurisdiction in certain situations that are declared, by the United States, egregious enough to warrant intervention. The United States has long used the "effects doctrine" 1 to assert extraterritorial jurisdiction. This article concentrates on developing and employing the Hostes Humani Generis Theory 2 and its past and possible future use. The central focus is to determine whether the possibility exists that the United States may use the theory in an effort to acquire physical jurisdiction over Saddam Hussein.

A survey, though not comprehensive, …

Current Trends In European Comparative Law: The Common Core Approach, Mauro Bussani

UC Law SF International Law Review

No abstract provided.

Right To Strike: A Comparison Of Canadian And Chinese Law, Tianjiao Yu

LLM Theses

The socialist market economy was written into the Chinese Constitution in 1993. From then on, the Ministry of Labour stopped officially denying the existence of strikes in China. For the past several years, there have been numerous reports of labour unrest. However, there is in no law regulating strikes. Strikes are prohibited in China. This thesis is designed to conduct a comparison of Canadian and Chinese law respecting the right to strike. Chapter I is devoted to analysis of the right to strike under Canadian law in two aspects. The first aspect is the question of whether there is a …

Expansion Of Sec Authority Into Internal Corporate Governance: The Accounting Provisions Of The Foreign Corrupt Practices Act (A Twentieth Anniversary Review), Kathleen A. Lacey, Barbara Crutchfield George

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Toward The Development Of A Caribbean Jurisprudence: The Case For Establishing A Caribbean Court Of Appeal, Roget V. Bryan

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Expropriation Of Alien Property And The Principle Of Non-Discrimination In International Law Of Foreign Investment: An Overview, A. F. M. Maniruzzaman

Florida State University Journal of Transnational Law & Policy

No abstract provided.