Comparative and Foreign Law Commons^™

Internet Hate Speech: The European Framework And The Emerging American Haven, Christopher D. Van Blarcum

Washington and Lee Law Review

No abstract provided.

The One-Stop-Shop For Vat And Rst: Common Approaches To Eu-U.S. Consumption Tax Issues, Richard Thompson Ainsworth

Faculty Scholarship

In March 2004 the European Commission solicited comments on a proposal to simplify value added tax (VAT) obligations through a one-stop scheme. The proposal was modest in scope. It was designed to build upon the success of a similar scheme that dealt with non-EU established persons supplying digital products to non-taxable EU persons. That scheme is found in Article 26c of the Sixth VAT Directive.

In its March Consultation Paper the Commission proposed that businesses established within the EU be allowed to participate in a one-stop scheme that would be similar to the Article 26c scheme. Limited to B2C transactions, …

Western Institution Building: The War, Hayek’S Cosmos And The Wto, M. Ulric Killion

ExpressO

Despite the shortcomings of Hayek’s spontaneous order, there is a positive side, perhaps even a positive feedback. Hayek left us with a “what if” question and returns us to that initial opening of Pandora’s Box, or perhaps the initial onset of neo-realism, neo-liberalism, developmentalism, globalism, transnationalism and other concepts, precepts and adjectives justifying institution building by bargaining and military force. In terms of new world order, institution building by necessity requires fundamental changes in governmental structures in non-western cultures and nation-states such as China, Afghanistan and Iraq. Such changes are being prompted by means of political, economic and military powers …

The Evolution Of A European Competition Law Network, David J. Gerber

All Faculty Scholarship

No abstract provided.

Successful Wage Moderation: Trust, Labor Market Centralization, And Wage Moderation In Puerto Rico's Experience With Export-Led Development, César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.

The Stewardship Council Model: A Comparison Of The Fsc And Msc, Xavier Pons Rafols, Luke Brander

ILSA Journal of International & Comparative Law

This paper aims to analyze the "Stewardship Council Model" through a comparison of the Forest Stewardship Council (hereinafter "FSC") and the Marine Stewardship Council (hereinafter "MSC").

Court-Connected Mediation Compared: The Case Of Argentina And The United States, Timothy K. Kuhner

ILSA Journal of International & Comparative Law

This article presents and compares data collected in Argentina and the United States during each country's initial experience with court-connected mediation.

Actores No Gubernamentales En La Gobernacion Y Derecho Internacional: Un Desafio O Una Bendicion, Joyeeta Gupta

ILSA Journal of International & Comparative Law

La globalizaci6n ha cambiado el modo que la sociedad discute los problemas comunes y globales.

Non-State Actors In International Governance And Law: A Challenge Or A Blessing, Joyeeta Gupta

ILSA Journal of International & Comparative Law

Globalization has changed the way global society addresses common and global problems.

Are Wto Violations Also Contrary To The Fair And Equitable Treatment Obligations In Investor Protection Agreements?, Charles Owen Verrill Jr.

ILSA Journal of International & Comparative Law

Bilateral investment treaties typically require the host state to ensure "fair and equitable" treatment to the investors of the other state.

A Brief History Of Lawyers Without Borders: Crossing Borders To Make A Difference, Houston Putnam Lowry

ILSA Journal of International & Comparative Law

Non-governmental organizations (NGOs) come in all shapes and sizes

Export And Import Of The Rule Of Law In The Global Era, Elizabeth Barad

ILSA Journal of International & Comparative Law

When an officer of the Kigali Bar Association in Rwanda said their members would like an e-commerce training, I was amazed.

Derecho De La Competencia Y Ejercico De Las Profesiones, Daniel Vazquez Albert

ILSA Journal of International & Comparative Law

El ejercicio de las profesiones se ha destacado tradicionalmente por hallarse sometido a una fuerte regulaci6n, caracterizada por contener severas restricciones a la competencia entre los profesionales.

Open Season: Recognition And Enforcement Of Foreign Judgements In Canada After Beals V. Saldanha, H. Scott Fairley

ILSA Journal of International & Comparative Law

At the end of last year, the Supreme Court of Canada handed down its decision in Beals v. Saldanha

The Use Of Non-Domestic Courts For Obtaining Domestic Relief: Jurisdictional Conflicts Between Nafta Tribunals And U.S. Courts?, Pieter H.F Bekker

ILSA Journal of International & Comparative Law

This contribution will examine whether or not there exist jurisdictional conflicts between international tribunals operating under the North American Free Trade Agreement (NAFTA) and the courts of the United States of America, one of the three NAFTA member states.

Can Legalism Be Exported? U.S. Rule Of Law Work In Arab Societies And Authoritarian Politics, David M. Mednicoff

ILSA Journal of International & Comparative Law

I am pleased to be part of this panel devoted to the Middle East and of this year's rich program at International Law Weekend.

Can Law Halt The Violence? Palestinian Suicide Bombings And Israeli "Targeted Assasinations" Under International Humanitarian Law, Donna E. Arzt

ILSA Journal of International & Comparative Law

My objective in this paper is not to use international law as another weapon in the conflict, as further fuel to fan the flames, as it's so often used in this conflict, but instead to use it as a message to both Palestinians and Israelis: Stop.

The Role Of Domestic Courts In The International Legal Order: A Tribute To Richard Falk, Janet Walker

ILSA Journal of International & Comparative Law

Forty years ago, when I was a child, the world was a different place. Tele- vision was a new invention:

Lagrand And Avena Establish A Right, But Is There A Remedy? Brief Comments On The Legal Effect Of Lagrand And Avena In The U.S, Malvina Halberstam

ILSA Journal of International & Comparative Law

The United States is obligated under international law to review and reconsider the conviction and sentence of persons who were not informed of their right to request that their Consul be notified of their arrest and to meet with him, as provided for by Article 36 of the Vienna Convention on Consular Relations.

Application Of Consular Rights To Foreign Nationals: Standard For Reversal Of A Criminal Conviction, John Quigley

ILSA Journal of International & Comparative Law

In nineteenth century criminal procedure in the United States, extradition treaties impacted the treatment of a person surrendered by a foreign state.

Current Issues In Extraterritoriality: How Long Is The Long Arm Jurisdiction Of International Human Rights Bodies?, Christina M. Cerna

ILSA Journal of International & Comparative Law

One line of cases involving extraterritoriality revolves around the issue of effective control over persons as a result of military occupation and also involves jurisdictional issues.

The Extraterritorial Application Of Antitrust Laws, Caterina Ventura

ILSA Journal of International & Comparative Law

Chief Justice Marshall articulated this fundamental canon of U.S. statutory construction, reflective of customary international law, in 1804 in Murray v. Schooner Charming Betsy, an admiralty case commonly referred to as the "Charming Betsy" case.

A Bill Of Rights For The European Union, Elizabeth F. Defeis

ILSA Journal of International & Comparative Law

The inclusion of the Charter of Fundamental Rights' in the Draft Treaty Establishing a Constitution for Europe 2 has a curious history that in some ways is similar to the history of the Bill of Rights of the United States Constitution.

U.S. Membership In Unclos: What Effects For The Marine Environment?, Howard S. Schiffman

ILSA Journal of International & Comparative Law

The issue of whether or not the U.S. should ratify the United Nations Convention on the Law of the Sea (UNCLOS or the Convention)' has been debated since the treaty was concluded in 1982.

The Lugano Case In The European Court Of Justice: Evolving European Union Competence In Private International Law, Ronald A. Brand

ILSA Journal of International & Comparative Law

On October 19, 2004, the European Court of Justice held its first en banc hearing since the 2004 enlargement to twenty-five Member States.

The Applicability Of International Human Rights Law To The Coalition Provisional Authority (Cpa) And Foreign Military Presence In Iraq, Ralph Wilde

ILSA Journal of International & Comparative Law

When the prisoner abuse scandal in Abu Ghraib prison in Baghdad, Iraq, broke in the Spring of 2004, Lord Lester, a British Parliamentarian, submitted a written parliamentary question to the U.K. government asking the following: [W]hether the Coalition Provisional Authority or the Coalition Forces are required by law to respect the fundamental human rights of Iraqi people, as defined in the bill of rights contained in the transitional administrative law for Iraq or otherwise; and if not, what recourse is available to the people of Iraq for breaches of those rights by the Authority or the forces.

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

Bilateral investment treaties typically require the host state to ensure "fair and equitable" treatment to the investors of the other state.

Narratives Of International Law And Literature After 9/11, Gary Minda

ILSA Journal of International & Comparative Law

What is the connection between international law and literature-the subject of this meeting?

The Evolution Of The European Legal System: The European Court Of Justice's Role In The Harmonization Of Laws, Yvonne N. Gierczyk

ILSA Journal of International & Comparative Law

After the dust settled from World War II, Winston Churchill declared the need for Europe to integrate economically and politically.

Victims Of Peace: Current Abuse Allegations Against U.N. Peacekeepers And The Role Of Law In Preventing Them In The Future, Alexandra R. Harrington

ILSA Journal of International & Comparative Law

Peacekeepers, and peacekeeping, have had a special place in society since the time of the Bible,' and indeed have taken on a new, international dimension since the end of World War II and the creation of the United Nations (U.N.).