Comparative and Foreign Law Commons^™

Panel Discussion On International Environmental Crimes: Problems Of Enforceable Norms And Accountability, Myron H. Nordquist

ILSA Journal of International & Comparative Law

This panel's scope of discussion covers norms as well as compliance regarding international environmental crimes during both times of peace and armed conflict.

Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline H. Morris

ILSA Journal of International & Comparative Law

During three months in 1994, genocide was committed in Rwanda. Two years after those events, and notwithstanding efforts at both national and international levels to bring the perpetrators to justice, the first case has yet to go to trial

Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson

ILSA Journal of International & Comparative Law

In June of 1995, the Mexican government requested the extradition of former Deputy Attorney General Mario Ruiz Massieu, who was accused of engaging in a cover-up in the investigation of the assassination of his own brother, a top official in Mexico's ruling party.

Developing Jurisprudence On The Rights Of Youth: Review Of Problems And Prospects: North-South, William D. Angel

ILSA Journal of International & Comparative Law

Whatever civilization one analyses in history, one invariably finds generational conflicts of youth rebelling against the various systems (legal, political, economic, and/or socio-cultural) established by their adult generation.

Challenges Facing Inter-Governmental Political Negotiations Which Are Common To International Business Negotiators: An Analysis Of Shared Concerns, Yassin El-Ayouty

ILSA Journal of International & Comparative Law

Two PROVERBS AND INTRODUCTION

The thesis of this article is that the commonality of challenges facing both inter-governmental negotiators and international business negotiators is more predominant than the differences in these two situations.

Concerns Over The Rule Of Law And The Court Of Final Appeal In Hong Kong, Jared Leung

ILSA Journal of International & Comparative Law

On Wednesday, July 12, 1995, for the first time in the 150-year colonial history of Hong Kong, the Hong Kong Legislative Council (Legco) voted on a motion of no-confidence against its British-appointed Governor, Chris Patten.

Infancy And Maturity: A Comparison Of The Canadian Charter Of Rights And Freedoms And The United States Constitution, Bruce E. Shemrock

ILSA Journal of International & Comparative Law

The Canadian Charter of Rights and Freedoms' (Charter) was Canada's first foray into constitutional governance. It represents Canada's first specific guarantees of individual liberty on a constitutional level.

Jus Cogens And The Inherent Right To Self Defense, Carin Kahgan

ILSA Journal of International & Comparative Law

The arms embargo has deprived Bosnia-Hercegovina of the right of legitimate self-defense. It has caused the destruction of the country, deepened the war and caused genocide. It has tied the hands of the attacked and helped the aggressor

Rape Of Muslim Women In Wartime Bosnia, Adriana Kovalovska

ILSA Journal of International & Comparative Law

For almost four years, former Yugoslavia was ravaged by a war in which acts of incomprehensible and shocking cruelty were carried out on an enormous magnitude. Among the atrocities were the rapes of an estimated 30,000 to 50,000 Bosnian women by the Serbian military

Self-Determination: An Affirmative Right Or Mere Rhetoric?, Halim Moris

ILSA Journal of International & Comparative Law

Yves Beigbeder, an international scholar, once asked, "If self-determination is an internationally recognized principle, why does it not apply to the people of West Iran, East Timor, Tibet, Kashmir and other territories, as it has been applied to other colonial territories?

Analysis Of The Hamburg Rules On Marine Cargo Insurance And Liability Insurance, Eun Sup Lee

ILSA Journal of International & Comparative Law

There has been an increasing interest on the effects of the United Nations Convention on the Carriage of Goods by Sea (Hamburg Rules) on the double insurance problem which arises whenever a proposal to modify a carrier's liability regime is under discussion.

Namibia Opinion Revisited: A Gap In The Current Arguments On The Power Of The Security Council, Tadashi Mori

ILSA Journal of International & Comparative Law

This article discusses the interpretation of Article 25' of the United Nations Charter that was offered by the International Court of Justice in its advisory opinion of June 21, 1971 (Namibia Opinion).2 It is a topic that is unfortunately overlooked by the current arguments concerning the power of the revived Security Council.

Deportation Of Criminal Aliens And The Termination Of Judicial Review By The Anti-Terrorism And Effective Death Penalty Act Of 1996, Orville Mckenzie

ILSA Journal of International & Comparative Law

Perhaps the most intellectually challenging legal question which has baffled jurists might have been answered by the Anti-Terrorism and Effective Death Penalty Act of 1996.' It is the question of whether Congress has the power to eliminate all the subject matter jurisdiction of article III courts.

Unfulfilled Obligations: The Situation Of The Ethnic Hungarian Minority In The Slovak Republic, Geri L. Haight

ILSA Journal of International & Comparative Law

The Slovak Republic is a microcosm of the political and economic transformations occurring in Central and Eastern Europe following the 1989 collapse of the Soviet Union.' Although the change of political systems in the region occurred quite rapidly, it is clear that democratic states are not born overnight.

Working For Women's Employment Rights In Poland, Kristin Long

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

No abstract provided.

The Religion Clauses And Freedom Of Speech In Australia And The United States: Incidental Restrictions And Generally Applicable Laws, David S. Bogen

Faculty Scholarship

No abstract provided.

What Happens When Parties Fail To Prove Foreign Law?, William L. Reynolds

Faculty Scholarship

No abstract provided.

Kant And The Current Debate Over Humanitarian Intervention, Richard B. Lillich

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Countdown To 1998: Status Of Telecommunications Competition In Europe And Comparison With The United States, Mark Naftel

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Richard Bonnot Lillich In Remembrance Of A Civilized Scholar, Gordon A. Christenson

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Tribute To Richard B. Lillich, Hurst Hannum

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Helms-Burton Act: Title Iii And International Claims, David Kaye

UC Law SF International Law Review

The Helms-Burton Act provides a right of action for U.S. nationals with Cuban property claims against those who "traffic" in such property. This Articles addresses whether Title III of the Act is consistent with principles of extraterritorial jurisdiction under international law.

Mr. Kaye describes the Cuban government's failure to abide by international law during its property confiscations in the period from 1959-61, and explains the Act's provisions to tailor a remedy for Cuban property claimants. In contrast to an OASIAJC opinion regarding Helms-Burton, Title III is consistent with international and domestic law on espousal, continuous nationality, the nature of claims …

Professor Rudolf B. Schlesinger, Charles D. Cramton

UC Law SF International Law Review

No abstract provided.

Professor Rudolf B. Schlesinger: An Affectionate Tribute, David I. Levine

UC Law SF International Law Review

No abstract provided.

Courts And The Creation Of A Spirit Of Moderation: Judicial Protection Of Revolutionaries In Argentina, 1863-1929, Jonathan M. Miller

UC Law SF International Law Review

Scholarship on Latin America has traditionally ignored the political role played by the judiciary. This gap may have some justification in the relative weakness of many Latin American judiciaries in recent decades, but leaves a serious void for understanding Latin American politics in earlier periods. This Article examines how the Argentine judiciary in the late nineteenth and early twentieth century protected the rights of government opponents who started armed uprisings with high political stakes. Far from acting as a tool of government oppression, the judiciary frequently challenged the government and placed sharp limits on its actions. The Argentine Supreme Court …

Legal Systems Of Regional Economic Integration, Stefan A. Riesenfeld

UC Law SF International Law Review

No abstract provided.

Is Codification In Decline, Stephen Mccaffrey

UC Law SF International Law Review

The International Law Commission of the United Nations is responsible for the codification and progressive development of international law. After some signal initial successes, the Commission has had difficulty producing products that are generally acceptable to states. This Article examines the reasons for this apparent decline and prospects for the future.

Section 727 And The Business Judgment Rule: A Comparative Analysis Of Company Directors' Duties And Liabilities In English And United States Law, Mohammed R. Pasban, Clare Campbell, John Birds

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Death Penalty: The Usa In World Perspective, Roger Hood

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Legal, Political, And Scientific Response To Ocean Dumping And Sub-Seabed Disposal Of Nuclear Waste, James Waczewski

Florida State University Journal of Transnational Law & Policy

No abstract provided.