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Articles 7831 - 7860 of 13717

Full-Text Articles in Comparative and Foreign Law

Human Rights For Transnational Corporations, Lucien J. Dhooge Jan 2007

Human Rights For Transnational Corporations, Lucien J. Dhooge

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Public Purpose, Private Losses: Regulatory Expropriation And Environmental Regulation In International Investment Law, Justin R. Marlles Jan 2007

Public Purpose, Private Losses: Regulatory Expropriation And Environmental Regulation In International Investment Law, Justin R. Marlles

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Denuclearization Of The Korean Peninsula: Recent Agreements And Lessons From The Past, Jared M. Lee Jan 2007

Denuclearization Of The Korean Peninsula: Recent Agreements And Lessons From The Past, Jared M. Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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United States Implementation Of The International Criminal Court: Toward The Federalism Of Free Nations, Lauren Fielder Redman Jan 2007

United States Implementation Of The International Criminal Court: Toward The Federalism Of Free Nations, Lauren Fielder Redman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Bilateral Regionalism: Paradoxes Of East Asian Integration, Timothy Webster Jan 2007

Bilateral Regionalism: Paradoxes Of East Asian Integration, Timothy Webster

Faculty Publications

Like many other countries, China and Japan have recently signed a spate of Free Trade Agreements with countries in the Asia Pacific. This paper analyzes both countries’ styles of integration. While China favors multidisciplinary engagement (politics, security, economics), Japan is mainly interested in deepening economic integration with the countries in which it has already established transnational production lines. After analyzing individual FTAs signed by China and Japan, the paper ends by predicting that China’s multifaceted approach will promote greater integration in the Asia Pacific, and a more robust profile for China in regional affairs.

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All In The Family: The Influence Of Social Networks On Dispute Processing, Manuel A. Gómez Jan 2007

All In The Family: The Influence Of Social Networks On Dispute Processing, Manuel A. Gómez

Faculty Publications

No abstract provided.

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Detention In The "War On Terror": Constitutional Interpretation Informed By The Law Of War, Alec Walen, Ingo Venzke Jan 2007

Detention In The "War On Terror": Constitutional Interpretation Informed By The Law Of War, Alec Walen, Ingo Venzke

ILSA Journal of International & Comparative Law

In waging the "war on terror," the United States (U.S.) has detained numerous individuals for many years and claims the right to detain them for their whole lives on the ground that they are dangerous.

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A Moral Imperative: The Human Rights Implications Of Climate Change, Sara C. Aminzadeh Jan 2007

A Moral Imperative: The Human Rights Implications Of Climate Change, Sara C. Aminzadeh

UC Law SF International Law Review

Even conservative forecasts of climate change predict dramatic effects to environments, economies, and people around the world. Though the causal link between climate change and human rights is not as readily apparent as with other environmental issues, climate change impacts public health, food security, infrastructures, and natural resources. For the Inuit living in the rapidly melting Arctic, and citizens of small island developing states facing sea level rise, climate change has become a matter of human rights. This note explores the effect of climate change on human rights, such as the right to life and the right to health, as …

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The Use Of Offensive Force In U.N. Peacekeeping: A Cycle Of Boom And Bust, James Sloan Jan 2007

The Use Of Offensive Force In U.N. Peacekeeping: A Cycle Of Boom And Bust, James Sloan

UC Law SF International Law Review

U.N. peacekeeping operations have traditionally been expected to adhere to three key principles: they must operate with the consent of the host state, they must act impartially and they must limit their use of force to self-defense. This article focuses on the final characteristic, the self-defense principle, and chronicles the attitude of the U.N. towards its observance. As the article will show, there have been three main periods where the self-defense principle has been ignored: with ONUC operation in the Congo in the early 1960s, with several missions in the early 1990s and, finally, with the current period, beginning in …

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The International Legal Responsibility To Protect Against Genocide, War Crimes And Crimes Against Humanity: Why National Sovereignty Does Not Preclude Its Exercise, David Aronofsky Jan 2007

The International Legal Responsibility To Protect Against Genocide, War Crimes And Crimes Against Humanity: Why National Sovereignty Does Not Preclude Its Exercise, David Aronofsky

ILSA Journal of International & Comparative Law

Good morning everyone. I am pleased to be here as part of this exciting International Law Weekend to participate with my good friend and Rocky Mountains colleague, Professor Nanda, along with Professor Wojcik, to discuss this important topic of The Responsibility to Protect Victims of Genocide, War Crimes and Crimes Against Humanity.

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Should The Relationship Of Wto Obligations To U.S. Law Be Reinvented?, John R. Magnus Jan 2007

Should The Relationship Of Wto Obligations To U.S. Law Be Reinvented?, John R. Magnus

ILSA Journal of International & Comparative Law

The blurb in your program brochure asks, "Should the U.S. adopt a new procedure for implementing adverse World Trade Organization (WTO) decisions, possibly including an active role for U.S. courts?"

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Moving From Single-Species Management To Ecosystem Management In Regional Fisheries Management Organizations, Howard S. Schiffman Jan 2007

Moving From Single-Species Management To Ecosystem Management In Regional Fisheries Management Organizations, Howard S. Schiffman

ILSA Journal of International & Comparative Law

Even though reference to the modem framework of ocean governance begins with the 1982 United Nations Convention on the Law of the Sea (UNCLOS),' it certainly does not end there.

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Choice Of Law, Maintenance And Income: Imputation, Optimization And Impact-Whose Vision, Whose Reality?, David S. Rosettenstein Jan 2007

Choice Of Law, Maintenance And Income: Imputation, Optimization And Impact-Whose Vision, Whose Reality?, David S. Rosettenstein

ILSA Journal of International & Comparative Law

America has struggled through over a half a century of frustration trying to create a viable framework for the establishment, modification, and enforcement of child support obligations.

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Teaching Or Get Off The Lectern: Impediments To Improving International Law Teaching, John Gamble Jan 2007

Teaching Or Get Off The Lectern: Impediments To Improving International Law Teaching, John Gamble

ILSA Journal of International & Comparative Law

International law teaching combines the worst aspects of sex and the weather. Everyone thinks they are an expert; they complain about problems but do nothing to improve the situation.

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Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law Jan 2007

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

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The Law Of War After The Dta, Hamdan And The Mca, Ltc Eric Talbot Jensen Jan 2007

The Law Of War After The Dta, Hamdan And The Mca, Ltc Eric Talbot Jensen

ILSA Journal of International & Comparative Law

I am grateful to be here and part of this panel and to discuss these important issues.

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Gambling And The Law®: The International Law Of Remote Wagering, 40 J. Marshall L. Rev. 1159 (2007), I. Nelson Rose Jan 2007

Gambling And The Law®: The International Law Of Remote Wagering, 40 J. Marshall L. Rev. 1159 (2007), I. Nelson Rose

UIC Law Review

No abstract provided.

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Rape And The Querela In Italy: False Protection Of Victim Agency, Rachel A. Van Cleave Jan 2007

Rape And The Querela In Italy: False Protection Of Victim Agency, Rachel A. Van Cleave

Michigan Journal of Gender & Law

This Essay describes the history of the querela in Italy and explores the controversy surrounding the decision to maintain this institution. In addition, this Essay questions the degree to which the querela can protect victim agency when the attitudes of judges and lawyers in the Italian criminal justice system reflect persistent rape myths.

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Perverse Main Bank Rescue In The Lost Decade: Proof That Unique Institutional Incentives Drive Japanese Corporate Governance, Dan W. Puchniak Jan 2007

Perverse Main Bank Rescue In The Lost Decade: Proof That Unique Institutional Incentives Drive Japanese Corporate Governance, Dan W. Puchniak

Washington International Law Journal

Two of the most prominent Japanese corporate governance scholars, Professors Miwa and Ramseyer (“M&R”), have recently published numerous articles and a book setting out their contrarian free-market theory of Japanese corporate governance. According to their theory, contemporary Japanese corporate governance is, and always has been, driven by free-market forces and not government incentives. M&R’s theory is enchanting in its simplicity and universality, as it uses standard economic theory to provide a single, and seemingly logical, solution to a myriad of complex legal, institutional, historical and cultural conundrums that have challenged observers of Japanese corporate governance for decades. Unfortunately, M&R’s theory …

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Introduction To The New Company Law Of The People's Republic Of China, Steven M. Dickinson Jan 2007

Introduction To The New Company Law Of The People's Republic Of China, Steven M. Dickinson

Washington International Law Journal

This article briefly analyzes the new Company Law and its effects on doing business in China. After a brief history of the previous version of the law, this article examines the many changes to management and articles of association, capital requirements, limited liability companies, access to corporate information, piercing the corporate veil, third party loans, and legal remedies for improper actions. It goes on to look at the impact on the structure of foreign investments and discusses the likely effects of the new law in actual practice.

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Judgment On Unfair Competition Dispute Between Baidu Online Network Technology (Beijing) Ltd. Co. And Beijing 3721 Technology Ltd. Co., Pengyue Li Jan 2007

Judgment On Unfair Competition Dispute Between Baidu Online Network Technology (Beijing) Ltd. Co. And Beijing 3721 Technology Ltd. Co., Pengyue Li

Washington International Law Journal

On October 20, 2003, Baidu Online Network Technology (Beijing) Ltd., Co. (“Baidu”), a Nasdaq-listed company known as the “Google of China,” filed a suit against its competitor Beijing 3721 Technology Ltd. Co. (“3721”) in Beijing Chaoyang District Court for copyright infringement and unfair competition. The case is regarded as China’s first copyright-infringement dispute involving website search-engine technology. Legal experts, the Chinese media, and the Supreme Court of China have paid close attention to the case, especially as it is related to China’s ongoing legislative effort to improve protection of intellectual property. The translation below is the appellate opinion in this …

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Controlling Business Method Patents: How The Japanese Standard For Patenting Software Could Bring Reasonable Limitations To Business Method Patents In The United States, James S. Sfekas Jan 2007

Controlling Business Method Patents: How The Japanese Standard For Patenting Software Could Bring Reasonable Limitations To Business Method Patents In The United States, James S. Sfekas

Washington International Law Journal

In recent years, the United States has expanded the scope of subject matter that can be patented. The Court of Appeals for the Federal Circuit has evolved a standard that allows inventors to patent software as long as it produces a useful and tangible result. Japan has also expanded the scope of patentable subject matter, but in a more limited fashion. Under the Japanese standard, the Japan Patent Office will only grant a patent to software inventions that apply a law of nature. The U.S. standard is too generous in allowing patents on software and business methods. Business method patents, …

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Establishing Secondary Liability With A Higher Degree Of Culpability: Redefining Chinese Internet Copyright Law To Encourage Technology Development, Yiman Zhang Jan 2007

Establishing Secondary Liability With A Higher Degree Of Culpability: Redefining Chinese Internet Copyright Law To Encourage Technology Development, Yiman Zhang

Washington International Law Journal

While enjoying the tremendous economic benefit brought by the Internet to the nation, China has been attempting to update its intellectual property law to address online copyright infringement issues. The current legal framework, which premises copyright liability upon a direct infringement and joint liability theory, unfortunately has produced considerable ambiguity both within the judiciary and the affected industries. As shown in recent cases, the theory of joint liability, in addition to the broad scope of Chinese copyright law, has been particularly troublesome for China’s technology industry. Given China’s priority in technology innovation, its current copyright law has too low a …

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Customary International Humanitarian Law And Multinational Military Operations In Malaysia, Drew R. Atkins Jan 2007

Customary International Humanitarian Law And Multinational Military Operations In Malaysia, Drew R. Atkins

Washington International Law Journal

The International Committee of the Red Cross published a study in 2005 identifying rules of customary international law applicable to armed conflict and theoretically binding on all nations. This study found that customary state practice has come to encompass and in some cases exceed protections contained in the Additional Protocols of 1977 to the Geneva Conventions of 1949, regardless of their applicability to a given conflict. These findings may impact the domestic law enforcement practices of states not parties to Additional Protocol II, which regulates non-international armed conflict. Furthermore, the study may have indirect effects on military cooperation and legal …

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Que Lastima Zapata! Bad Cisg Ruling On Attorneys' Fees Still Haunts U.S. Courts, David B. Dixon Jan 2007

Que Lastima Zapata! Bad Cisg Ruling On Attorneys' Fees Still Haunts U.S. Courts, David B. Dixon

University of Miami Inter-American Law Review

No abstract provided.

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Taking Fairness And Retroactivity From Immigration Law: Casenote On Fernandez-Vargas V. Gonzales, Gregory R. Hawran Jan 2007

Taking Fairness And Retroactivity From Immigration Law: Casenote On Fernandez-Vargas V. Gonzales, Gregory R. Hawran

University of Miami Inter-American Law Review

No abstract provided.

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Burden Of Proof And The Prima Facie Case: The Evolving History And Its Applications In The Wto Jurisprudence, Ho Cheol Kim Jan 2007

Burden Of Proof And The Prima Facie Case: The Evolving History And Its Applications In The Wto Jurisprudence, Ho Cheol Kim

Richmond Journal of Global Law & Business

No abstract provided.

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The Marriage Amendment Act: Can Australia Prohibit Same-Sex Marriage?, Katy A. King Jan 2007

The Marriage Amendment Act: Can Australia Prohibit Same-Sex Marriage?, Katy A. King

Washington International Law Journal

Both the United States and Australia have federal legislation, the Defense of Marriage Act and the Marriage Amendment Act 2004, that defines marriage as a union between a man and a woman. Australia has an express provision in its constitution granting Parliament the authority to pass laws on the subject of marriage. The United States, however, has no such constitutional provision. Consequently, Australia’s express constitutional provision may lead the High Court of Australia to rule that the Marriage Amendment Act 2004 is constitutional, which would likely preclude Australia’s states and territories from passing local same-sex marriage acts. This is fundamentally …

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Remarks On Customary International Law And The Use Of Force Against Terrorists And Rogue State Collaborators, Vincent J. Vitkowsky Jan 2007

Remarks On Customary International Law And The Use Of Force Against Terrorists And Rogue State Collaborators, Vincent J. Vitkowsky

ILSA Journal of International & Comparative Law

SYNoPsiS: State practice and patterns of cooperation over the last forty-five years have led to the development of rules of customary international law governing the use of force, in anticipatory self-defense, against terrorists and rogue state collaborators.

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Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson Jan 2007

Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson

Faculty Scholarship

Patentees sometimes license their inventions through field-of-use licenses, which permit licensees to use the inventions, but only in specified ways. Field-of-use licensing is often procompetitive, because the ability to provide different licensing terms for different users can encourage broader licensing of inventions. But in recent United States cases, the Federal Circuit Court of Appeals and lower courts have upheld field-of-use licenses prohibiting activities that licensees would otherwise have been permitted by patent law, such as the repair and resale of patented products. The recent cases rely on the Federal Circuit's decision in Mallinckrodt, Inc. v. Medipart, Inc., where the court …

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