Comparative and Foreign Law Commons^™

Consular Protection To Illegal Migratory Workers And Mexican Undocumented Minors: Two Sensitive Issues Addressed By The Thirteenth Annual Meeting Of The United States-Mexico Binational Commission, Jorge A. Vargas

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Presidential Power In The Russian Constitution, Lee Kendall Metcalf

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Practicing International Law For The United States, John R. Crook

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Similar Fact Evidence Of Child Sexual Abuse In English, United States, And Florida Law: A Comparative Study, Peter Mirfield

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Securitization Of State Ownership: Chinese Securities Law, Minkang Gu, Robert C. Art

Michigan Journal of International Law

Part I of this article establishes the scope of analysis and defines the Chinese use of the term "security," which is more limited than under American law. Parts II and III briefly examine the history of Chinese securities laws and the understanding of securities by the Chinese people. Part IV focuses on the government's motivations in establishing the securities markets. Part V discusses the distinctively Chinese approach of classifying shares according to the characteristics and nationality of permitted shareholders. Part VI addresses the future development of Chinese securities markets. The conclusion reflects on the significance of western forms of securities …

Nafta Accession And Environmental Protection: The Prospects For An "Earth Friendly" Integration Of Latin American Nations Into The North American Trading Bloc, Russel M. Lazega

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Third Balkan War And Political Disunity: Creating A Confederated Cantonal Constitutional System, Peter J. Cannon

Florida State University Journal of Transnational Law & Policy

No abstract provided.

War Over The Airwaves: A Comparative Analysis Of U.S. And Cuban Views On International Law And Policy Governing Transnational Broadcasts, Omar Javier Arcia

Florida State University Journal of Transnational Law & Policy

No abstract provided.

How Legal Are Jordan's Oil Imports From Iraq?, Paul Conlon

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Establishing And Protecting United States Foreign Investment In A Post Castro Cuba: By Waiting For Castro, Will U.S. Investors Miss The Boat?, Francisco J. Viñas

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Foreign Investment Laws Of China And The United States: A Comparative Study, Henry J. Graham

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Greening World Trade: Reconciling Gatt And Multilateral Environmental Agreements Within The Existing World Trade Regime, Charles R. Fletcher

Florida State University Journal of Transnational Law & Policy

No abstract provided.

China's Copyright Law And The Trips Agreement, Reiko R. Feaver

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Enforcing Set Aside Arbitral Awards: France's Controversial Steps Beyond The New York Convention, Hamid G. Gharavi

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Duress And Provocation As Excuses To Murder: Salutary Lessons From Recent Anglo-American Jurisprudence, Alan Reed

Florida State University Journal of Transnational Law & Policy

The defenses of duress and provocation can be analogized as concessions to human frailty. Both defenses are predicated upon "confession and avoidance." In each scenario, the defendants actually admit the completion of the actus reus with the attendant mens rea (confession) but seek to excuse their conduct to deny criminal liability (avoidance). Essentially, both defenses involve a concoction of excuse, moral involuntariness, and human frailty. They focus attention on legitimate societal expectations of the reasonable man in criminal law. Unfortunately, the Anglo-American tradition, vis a vis these defenses, is replete with vagaries, inconsistencies, and anomalies. Comparing these defenses in English …

Jurisprudential Support For Exemplary Damage Awards: A Dichotomy Between England And Other Common Law Jurisdictions, Alan Reed

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Ancient Answers To Modern Questions: Death, Dying, And Organ Transplants - A Jewish Law Perspective, Stephen J. Werber

Journal of Law and Health

To understand the application of Jewish Law to issues of death and the dying process one must first be aware of the importance of life, and saving life (pikuach nefesh), in Jewish thought. Judaism "attribut[es] . . . infinite value to human life. Infinity being indivisible, any fraction of life, however limited its expectancy or its health, remains equally infinite in value." The Mishnah teaches that creation began with a single human being to "teach you that to destroy a single human soul is equivalent to destroying an entire world; and that to sustain a single soul is …

Of Brokers, Banks And The Case For Regulatory Intervention In The Russian Securities Markets, J. Robert Brown Jr.

Sturm College of Law: Faculty Scholarship

In the aftermath of the fall of the Soviet Union, Russia emerged as the largest of the newly independent states. As part of the transformation process, Russia sought to implement capitalist style securities markets.

Russian financial markets have been in constant turmoil since the demise of the command economy. Almost overnight, the country faced the challenge of developing a system for privately financing Russian enterprises. A plethora of banks, brokers, and stock exchanges sprang to life, most of which were undercapitalized, disorganized, and poorly policed. The absence of effective regulatory regimes resulted in marginal compliance at best.

The most critical …

A Proposal To Reformulate Article 23 Of The Ilc Draft Statute For An International Criminal Court, Sienho Yee

UC Law SF International Law Review

The International Law Commission (ILC) has recently completed a Draft Statute for the world's first International Criminal Court. Article 23 of the Draft Statute attempts to strike a proper balance between the role of the proposed International Criminal Court and that of the United Nations Security Council. This Commentary examines the primary shortcomings of the ILC Draft Statute's suggested Article 23. The Commentary then proposes a reformulation of Article 23 in an attempt to address those shortcomings.

The European Market: Creating A Unified Competitive Banking System, Cam F. Justice

ILSA Journal of International & Comparative Law

The creation of a single market among countries, which just over fifty years ago were engaged in one of the bloodiest wars in history, is one of the greatest experiments ever. The movement toward a single market in Europe has undergone countless changes since the creation of the European Coal and Steel Community (ECSC) in 1951.

Linkage Between Development And The Implementation Of The Cairo/Beijing Agenda For Women's Empowerment, Virginia Ofusu-Amaah

ILSA Journal of International & Comparative Law

Making general statements on the correlation between the effects of socio-economic development and the situation of women is difficult because the political, economic, and structural conditions differ greatly from one country to the other. However, nowhere in the world are women treated as equal as men or enjoy the same opportunities as men.

Comments On The International Criminal Court, Evan T. Bloom

ILSA Journal of International & Comparative Law

I understand that I am substituting for Cherif Bassiouni. Those are big shoes to fill, and instead of providing the very detailed discussion of the history of the International Criminal Court (ICC) and all its component parts which he is uniquely qualified to deliver, I will instead provide my own very brief overview of where we are on the proposal to establish an ICC.

Nafta's Approval: A Story Of Congress At Work "From International Relations To National Accountability", Alejandro Posadas

ILSA Journal of International & Comparative Law

The North American Free Trade Agreement (NAFTA) entered into force on January 1, 1994.' Since then, the new General Agreement on Tariffs and Trade (GATT) has been approved; control of the United States Congress has changed from Democrat to Republican; Mexico is going through a financial crisis; and apparently nothing dramatic, for better or for worse, has yet happened to the American economy.

The Dichotomy Of Executive Immunity: A Comparative Analysis Between The United States And Great Britain, Leonard Wilder

ILSA Journal of International & Comparative Law

Politicians get away with murder! This common statement tends to reflect how many feel about the privileged class of people who make and enforce the law. Nevertheless, the litigious nature of the United States has caught up with the current President of the United States, Bill Clinton.

Combatting International Terrorism Into The 21st Century, Mark S. Zaid

ILSA Journal of International & Comparative Law

As a private attorney I have dedicated a significant part of my practice to working with or representing victims of terrorism. In particular, I represent several family members who lost relatives in the bombing of Pan Am Flight 103 in a civil action against the government of Libya. Through the use of the judicial system, we are attempting to forge a new weapon for use against terrorist states as a means by which to achieve deterrence, punishment, and compensation for the victims.

Revisiting Chapter Viii: The Role Of Regional Organizations In Dispute Settlement, Nabil Elaraby

ILSA Journal of International & Comparative Law

Recently, the world has seen both pragmatic and sudden changes in international relations. Cooperation between Super Powers, along with regional organizations, seems to be possible today. Consequently, the scope of general cooperation and consensus is increasing among member states of the United Nations. The Charter of the United Nations should be changed according to the needs of the changing world.

Do Economic Sanctions Work? A View From The United Nations, Gian Luca Burci

ILSA Journal of International & Comparative Law

The question "do sanctions work?" can be interpreted not only as a political or legal assessment about their effects on a State, but also as an analysis of whether sanctions are designed, managed and enforced in a manner which makes them viable for an extended period of time for those who are required to implement them.

The Lure Of Regional Solutions: A Realistic Option Or Escapism?, Colin Keating

ILSA Journal of International & Comparative Law

Depending on the nature and importance of disputes, there is a need for either bilateral or unilateral use of global and regional organizations. In spite of the convenience of using regional organizations in solving regional disputes, the growing importance and awareness of the global instrument cannot be minimized.

The Spanish Products Liability Act Of 1994, Michael Ansaldi

ILSA Journal of International & Comparative Law

The Spanish Constitution of 1978,' a milestone in Spain's transition from the Franco era to the ranks of Western European democracies, has been described, in at least one respect, as "absolutely innovative on the panorama of European constitutions” It is "the first constitution worldwide to raise consumer protection to the status of a principle of general law."

The Search For Justice - A Case For Reform To The Civil Justice System In Britain, Peter Watson

ILSA Journal of International & Comparative Law

It can be said without fear of contradiction, that there is a need, both perceived and real, for reform of the British civil justice system. Although different, I draw no distinction between Scotland's and England's justice systems.