Comparative and Foreign Law Commons^™

Taking Mortgages Interests In Real Property Under The Guarantee Law Of The People's Republic Of China, Brain Y. Lee

UC Law SF International Law Review

In the fall of 1995, the PRC National People's Congress adopted the Guarantee Law, along with other banking legislation, to reform its troubled financial sector. As the first national secured transaction law in the PRC, the Guarantee Law standardizes the process of taking security and provides commercial banks with a legal tool to more effectively exercise credit allocation and debt recovery against defaulting debtors.

This Note focuses on how the newly-enacted Guarantee Law impacts the procedures and process of taking mortgage interests of real property in the PRC. In particular, it explores how the local mortgage laws in Beijing, Guangzhou, …

The Common Core For European Private Law: Presented At The Third General Meeting Of The Trento Project, Hein Kotz

UC Law SF International Law Review

No abstract provided.

Everybody's Talking: The Future Of Comparative Law, P. G. Monateri

UC Law SF International Law Review

No abstract provided.

The Future Of Comparative Law: Public Legal Systems, Clifford Larsen

UC Law SF International Law Review

No abstract provided.

Comparative Law In The New European Community, George A. Bermann

UC Law SF International Law Review

No abstract provided.

The Issue Of European Civil Codification And Legal Scholarships: Biases, Strategies And Development, Ugo Mattei

UC Law SF International Law Review

No abstract provided.

Let Me In, Immigration Man: An Overview Of Intercountry Adoption And The Role Of The Immigration And Nationality Act, Stephanie Zeppa

UC Law SF International Law Review

As the number of intercountry adoptions increases, it becomes important for countries like the United States to address the immigration needs of foreign children entering the country as the sons and daughters of its residents. This note provides an overview of the history of intercountry adoption in the United States. It gives examples of how the intercountry adoption process works, using China and Russia as examples of the complexity of the current process and the interplay between foreign and domestic law. The author also analyzes the impact of the Convention on Protection of Children and Co-operation in Respect of Intercountry …

International Obligation To Prosecute Human Rights Violators: Spain's Jurisdiction Over Argentine Dirty War Participants, Julia K. Boyle

UC Law SF International Law Review

Many nations view the obligation of protecting human rights as worthy of relaxing the traditional deference to State sovereignty. They believe interference is necessary to prevent and punish human rights violators. In the 1970s and 8 b. Argentina was subject to an intense military rule. Disappearances, torture and extra-legal executions were the regime's tools of oppression, and despite Argentina's claim that those guilty of human rights violations were properly dealt with, the new democracy's measures were insufficient to conform to Argentina's legal obligations. Argentina's inaction constitutes a violation of Argentine and international law.

Hundreds of Spanish nationals were victims of …

The Rule Of Law Initiative At The United States Institute Of Peace, Charles Duryea Smith

ILSA Journal of International & Comparative Law

Thank you so much, Valerie, for the invitation to join you today. I have chosen what I think is an important part of the larger subject of Peace and Democracy: The Link and the Policy Implications; it is the rule of law.

Software Protection: Copyrights, Patents, Trade Secrets And/Or Sui Generis, Karl F. Jorda

ILSA Journal of International & Comparative Law

What is the best form of protection for software has been and still is a most unsettled and vexing - and hence very topical - issue in intellectual property (IP) law and practice.

Section 1782 Of Title 28 (U.S. Code): Is There A Discoverability Requirement?, Gregory F. Hauser

ILSA Journal of International & Comparative Law

There is an excellent, thorough, and relatively recent discussion of the issue in a student note by Peter Metis.' These remarks supplement and update that discussion.

Truth And Reconciliation Commissions, Angelika Schlunck

ILSA Journal of International & Comparative Law

Truth and reconciliation commissions have played a critical role in a number of countries that had to come to terms with a past marked by protracted conflict, civil strife, violence, and massive human rights abuse. The most widely known example is the Truth and Reconciliation Commission established in 1995 in South Africa to examine Apartheid-Era crimes.

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

The Federal Common Law Of Universal, Obligatory, And Definable Human Rights Norms, Derek P. Jinks

ILSA Journal of International & Comparative Law

International law is part of United States law. Indeed, international law - or the "law of nations" in eighteenth century parlance - has been considered part of United States law since the founding. The Judiciary Act of 1789, the enabling legislation of Article III, establishes federal court jurisdiction over torts committed in violation of the law of nations.

Can A State Commit A Crime? Definitely, Yes!, Alain Pellet

ILSA Journal of International & Comparative Law

As is well known, the International Law Commission (ILC) decided in 1976 to include an article in its Draft Articles on State Responsibility that makes a distinction between normal international wrongful acts, which it called delicts, on the one hand, and exceptionally grave breaches of international law which it called international crimes, on the other hand.

Ngoc Efforts Towards The Creation Of A Regional Human Rights Arrangement In The Asia-Pacific Region, Ali Mohsin Qazilbash

ILSA Journal of International & Comparative Law

I feel honored to be given an opportunity to speak at this panel on an issue which has a lot to do with a part of the world I belong to. NGOs in Asia and the Pacific have been crucial to the struggle for a regional human rights arrangement. Indeed it is they who have kept both the debate over and the struggle for an Asian human rights system alive.

Creating And Conducting In-Class Simulations In Public International Law: A Producer's Guide, Andrew L. Strauss

ILSA Journal of International & Comparative Law

I define an in-class simulation as any classroom exercise that attempts to depict real-life events. Simulations can be extremely elaborate attempts to enact complex proceedings, or they can be as simple as having two students spontaneously represent lawyers making opposing arguments during class discussion.

Diplomatic Immunity: To Have Or Not To Have, That Is The Question, Mark S. Zaid

ILSA Journal of International & Comparative Law

The question of whether diplomats should be fully immune from criminal prosecution, no matter what the alleged crime, is one that is neither new nor free from dispute. As a matter of international law and United States domestic law, the source of the immunity and the extent to which it extends is quite clear.

International Protection Of The Consumer, Javier Alberto Toniollo

ILSA Journal of International & Comparative Law

It is necessary to make some introductory remarks on this matter in which private international law should provide fair solutions. The right of consumers in private law is reflected as a legal microsystem of consumer protection.

El Silogismo Argentino, Jose' Fabricio Longhin

ILSA Journal of International & Comparative Law

La ley de economia es una de las demostraciones mis actuales y complejas del espectro de ley de nuestra 6poca.

Unlimited And Limited Liability In The Commercial Code Of Ethiopia, Michael P. Porter

ILSA Journal of International & Comparative Law

The conventional wisdom of those conversant with the law of personal liability of owners of a business is that sole proprietors and general partners always have unlimited liability for the debts of a business which they own.

Comments In The International Law Association Panel On The Yugoslav Tribunal: November 13, 1998, Theodor Meron

ILSA Journal of International & Comparative Law

I have been asked to assess briefly the track record of the Yugoslav tribunal. I would like to mention three aspects: the tribunal as an institution; the tribunal as a court of law; and, finally, the contribution of the tribunal to deterrence of crimes and to reconciliation between the peoples of the region.

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."

Islamic Law In Sudan: A Comparative Analysis, Kent Benedict Gravelle

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.

An Analysis Of The Jurisdiction Of The International Criminal Tribunal For War Crimes In The Former Yugoslavia, Joshua M. Koran

ILSA Journal of International & Comparative Law

It is important not to confuse criminality with jurisdiction.' The term criminality is usually associated with the legislative authority to proscribe conduct.

Pleadings And Authorities, Arden

ILSA Journal of International & Comparative Law

Under customary international law, criminal defendants have a fundamental right to a fair trial.

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

ILSA Journal of International & Comparative Law

It is necessary to make some introductory remarks on this matter in which private international law should provide fair solutions. The right of consumers in private law is reflected as a legal microsystem of consumer protection.

Ilsa Journal Of International & Comparative Law: International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Challenges For An Independent Asian Human Rights Commission, Bina D'Costa

ILSA Journal of International & Comparative Law

While there exists a solid body of principles and a wide-ranging and growing number of institutions currently working to promote and protect human rights in Asia, there have unfortunately been few consolidated regional efforts for legal enforcement against violations. An Asian Human Rights Commission is the most logical and sought after body for this purpose.