Comparative and Foreign Law Commons^™

The Legality Of The United States War On Terror: Is Article 51 A Legitimate Vehicle For The War In Afghanistan Or Just A Blanket To Cover-Up International War Crimes?, Matthew Scott King

ILSA Journal of International & Comparative Law

On September 11, 2001, a network of terrorists hijacked four commercial airliners and crashed them into the World Trade Center and Pentagon, killing and injuring thousands of Americans, as the world watched in shock and disbelief.

The Threat Of Article 23 To Civil Liberties In The Hong Kong Special Administrative Region, Inbal Sansani

Human Rights Brief

No abstract provided.

Pharmaceutical Patents And Trips: A Comparison Of India And South Africa, Stephen Barnes

Kentucky Law Journal

No abstract provided.

Restoring Faith In Government: Transparency Reform In The United States And The European Union, Amanda Frost

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Out Of The Crooked Timber Of Humanity: The Conflict Between South Africa's Truth And Reconciliation Commission And International Human Rights Norms Regarding Effective Remedies, Sherrie L. Russell-Brown

UC Law SF International Law Review

Judicial review in the United States is a strong and effective remedy. However, it is a limited remedy because the courts act only when asked and because courts have developed an entire jurisprudence of reasons why they cannot hear cases. For past violations there is no constitutional remedy; and there is no constitutional obligation upon Congress, or upon the States, to provide remedies, or to compensate victims for violations of their rights.

In contrast to the U.S. Constitution, various comprehensive human rights and regional human rights treaties explicitly include, in some form, the right to a remedy for violations of …

Declaring War On The Japanese Constitution: Japan's Right To Military Sovereignty And The United States' Right To Military Presence In Japan, Derek Van Hoften

UC Law SF International Law Review

An analysis of the Japanese military and its relationship with the United States military necessarily involves an analysis of historical events, legal issues and international law. Specifically, it involves a detailed examination of the United States' post-war occupation of Japan and the new U.S.-drafted Japanese constitution that followed; of the intricacies of that constitution, including its renunciation of the right to belligerency or to maintenance of armed forces; of internal and external pressures to amend or reinterpret that constitution; of practical realities such as diplomacy, self defense and economic growth; of the legitimacy of a document called a constitution, for …

The European Union V. The North Atlantic Treaty Organization: Estonia's Conflicting Interests As A Party To The International Criminal Court, Barbi Appelquist

UC Law SF International Law Review

The United States has requested that states party to the ICC sign agreements-referred to as Article 98 treatiesexempting U.S. citizens from ICC jurisdiction. The EU has opposed Article 98 treaties on the grounds that they threaten the legitimacy of the ICC. This note evaluates the conflicting political pressure exerted on Estonia to either sign or refrain from signing an Article 98 treaty. Part One summarizes the theory of transplantation and how Estonia's relationships with the EU, NATO and the ICC have affected Estonia's international legal obligations and diplomatic options. Part Two analyzes Estonia's relations with the United States, NATO and …

Enforcing Arms Control Agreements By Military Force: Iraq And The 800-Pound Gorilla, Davis Brown

UC Law SF International Law Review

Despite Iraq's complete disdain for international law, the community of States, acting in accordance with international law, had allowed the Ba'ath regime to remain in power. Iraq therefore enjoyed the benefits of the principles of sovereign equality, non-interference with internal affairs, and, for the most part, non-use of force, without shouldering any of the responsibilities that come with the privilege of recognition as a State. This article begins with a presentation of a new approach to jus ad bellum which takes just war theory to the next level, where force is used as a remedy to a grave injury caused …

Reining In The American Litigator: The New Role Of American Judges, Richard L. Marcus

UC Law SF International Law Review

The American lawyer has long seemed unique in the world-almost a cowboy figure doing justice against the odds. The American judge, on the other hand, has remained a background figure, rarely taking the initiative and serving instead as a passive, impartial umpire in the contest of the lawyers. During the last half-century, however, the latitude accorded the American lawyer has increasingly been reined in by American judges. Although there has been resistance to this trend, it shows no signs of abating. This paper begins with a very general sketch of the role of attorneys in U.S. society and government, and …

Roles Of Judges And Attorneys Under The Non-Sanction Scheme In Japanese Civil Procedure, Koichi Miki

UC Law SF International Law Review

In many jurisdictions, the roles of judges and attorneys in modern civil procedure are becoming multi-faceted and, accordingly, more and more complex. This paper outlines the Japanese situation, focusing on the most recent reform of the Japanese Code of Civil Procedure (the New Code), which occurred in 1996. The reform introduced several innovative devices, none of which contained sanction provisions for implementation or enforcement of their legal effect. The inclination towards non-sanction schemes of this kind reflects the recent trend in reforms. The non-sanction scheme inevitably has an influence on the roles of judges and attorneys. Therefore, it is necessary …

The Multiple Roles Of Judges And Attorneys In Modern Civil Litigation, Astrid Stadler

UC Law SF International Law Review

In contrast to the U.S. adversary system, the great influence of the judge on the conduct of litigation in continental Europe, especially in Germany, is based upon a different understanding of the relationship between the state and its citizens. Based upon historical experience, especially under German law, judges have great constitutionally-based independence. The German Civil Procedure Rules Act had as its goals the reform of the German civil procedure remedy system, the development of a more consumer-friendly, efficient and transparent civil procedure, the encouragement of faster trials and the increase of court-directed settlements. It is still too early for a …

Justice For Some - U.S. Efforts Under Article 98 To Escape The Jurisdiction Of The International Criminal Court, Cosmos Eubany

UC Law SF International Law Review

In April 2002, ten countries ratified the Rome Statute and deposited their instruments with the United Nations. These actions brought the International Criminal Court into force with over sixty ratifications. A month later, the United States declared that it no longer intended to pursue ratification of the treaty and asked to remove its signature from the statute. The United States then launched a campaign to ensure that its nationals would not fall within the jurisdiction of the Court. To ensure that the ICC does not gain jurisdiction over its nationals under any circumstance, the United States is currently seeking "non-surrender" …

Review Of Explaining The English Revolution: Hobbes And His Contemporaries, Donald J. Herzog

Reviews

The explosion of primary texts from seven- teenth-century England continues to trigger an explosion of scholarly treatments today. For good reason, too: Lots of the primary texts are amazing, and not just those tired old warhors- es, Hobbes's Leviathan and Locke's Second Treatise. As fun and challenging as the primary texts are, you are forgiven a touch of skepticism if you wonder just what the latest author has to add to our understanding. You might redouble your skepticism if you just glance at Mark Stephen Jendrysik's table of contents, offering chapters on Winstanley, Milton, Cromwell, Filmer, and Hobbes, and zeroing …

Central Banks’ Role In Bank Supervision In The United States And United Kingdom, Heidi Mandanis Schooner

Scholarly Articles

Driven in part by the question of bank supervision in euro-area countries, a growing body of literature addresses whether central banking and bank supervision should be combined. This paper address this debate in light of recent legislation in the United Kingdom and the United States. Recent legislation in the United Kingdom stripped the Bank of England of its responsibility for bank supervision and established the Financial Services Authority as an integrated supervisor of financial services. In the United States, the Gramm-Leach-Bliley Act of 1999 expanded the regulatory authority of the Federal Reserve. In light of international trends, I consider how …

Reflections On Russia's Revival Of Trial By Jury: History Demands That We Ask Difficult Questions Regarding Terror Trials, Procedures To Combat Terrorism, And Our Federal Sentencing Regime, Hon. John C. Coughenour

Seattle University Law Review

This Article begins by discussing the nineteenth-century origins of trial by jury in Russia and the changes the system endured until the October 1917 Revolution, focusing particular attention on both the progressive exclusion of political crimes from the jurisdiction of the jury and use of alternative judicial procedures for such crimes. Next, the Article outlines the fundamental principles of the inquisitorial criminal justice system, which defined and dominated Soviet jurisprudence. Part I concludes by addressing Russia's revival of trial by jury in 1993, the specific characteristics of its new jury system, the other monumental criminal justice reforms of the 1990s, …

American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner

All Faculty Scholarship

Law faculties in Japan are asking whether and how they should remake themselves to become law schools. One basic issue has been framed in terms of whether such programs should be professional or general. One Japanese scholar put it pointedly: "[a] major issue of the proposed reform is whether Japan should adopt an American model law school, i.e., professional education at the graduate level, while essentially doing away with the traditional Japanese method of teaching law at university." American law schools are seen as having as their fundamental goal "to provide the training and education required for becoming an effective …

The Professional In Legal Education: Foreign Perspectives, James Maxeiner

All Faculty Scholarship

Japan is about to change its system of legal education. In April 2004 Japan will introduce law schools. Law schools are to occupy an intermediary place between the present undergraduate faculties of law and the national Legal Training and Research Institute. The law faculties are to continue to offer general undergraduate education in law, while the law schools in combination with the national Institute are to provide professional legal education. A principal goal of the change is to produce more lawyers. Law schools are charged with providing "practical education especially for fostering legal professionals." But just what is professional legal …

The Trouble With Global Constitutionalism, Ernest A. Young

Faculty Scholarship

No abstract provided.

Business Law Reform In South Africa: The Right Path, The Right Reason, Allan W. Vestal

Kentucky Law Journal

No abstract provided.

Past Cultural Achievement As A Future Technological Resource: Contradictions And Opportunities In The Intellectual Property Protection Of Chinese Medicine In China, 21 Ucla Pac. Basin L.J. 75 (2003), Benjamin Liu

UIC Law Open Access Faculty Scholarship

No abstract provided.

Holding The United States Accountable For Environmental Damages Caused By The U.S. Military In The Philippines, A Plan For The Future, 4 Asian-Pac. L. & Pol'y J. 320 (2003), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

No abstract provided.

Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, 31 Ga. J. Int'l & Comp. L. 493 (2003), Ralph Ruebner

UIC Law Open Access Faculty Scholarship

No abstract provided.

Reforming Business Entity Law To Stimulate Economic Growth Among The Marginalized: The Modern South African Experienc, Johan J. Henning

Kentucky Law Journal

No abstract provided.

Business Law Reform In The United States: Thinking Too Small?, Douglas C. Michael

Kentucky Law Journal

No abstract provided.

Land And Liberation: Lessons For The Creation Of Effective Land Reform Policy In South Africa, Hasani Claxton

Michigan Journal of Race and Law

Based upon the premise that land reform is essential to creating socio-economic equality, easing racial tensions and stemming the tide of violence in South Africa, this note will provide suggestions for effective land reform policy. To accomplish this, this Note will examine the paths taken by several other transitional African governments in land reform policy. It will attempt to extract practical lessons from their experiences and apply them towards the development of effective land redistribution policy in South Africa. Part I of this note will provide a historical overview of colonialism and land law in Africa. Part II will examine …

Overlooked Danger: The Security And Rights Implications Of Hindu Nationalism In India, Smita Narula

Elisabeth Haub School of Law Faculty Publications

This Article will examine the rise of Hindu nationalism in India and provide an overview of its already devastating consequences. In February and March 2002, over 2000 people were killed in state-supported violence against Muslims in the western state of Gujarat, led by the Hindu nationalist BJP that also heads a coalition government at the center. The attacks were carried out with impunity by members of the BJP, the Rashtriya Swayamsevak Sangh (“RSS,” National Volunteer Corps), the Vishwa Hindu Parishad (“VHP,” World Hindu Council), and the Bajrang Dal (the militant youth wing of the VHP). Collectively, these groups are known …

Two Sides Of A "Sargasso Sea": Successive Prosecution For The "Same Offence" In The United States And The United Kingdom, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

This article analyzes the U. S. constitutional law interpreting the concept of “same offence.” Included is a survey of the Supreme Court's attempts to interpret constitutional text in order to provide adequate protection for the underlying double jeopardy interest against vexatious reprosecutions, which have frequently produced inconsistent and illogical results. Part III of this article analyzes U.K. law relating to the concept of “same offence,” where the same narrow double jeopardy protection adopted by the U.S. Supreme Court is supplemented with a broad discretion to prevent unfair successive prosecution that constitutes an abuse of process. Part IV draws lessons from …

The Act Of Hungarians Living Abroad: A Misguided Approach To Minority Protection, Christin J. Albertie

Michigan Journal of International Law

This Note analyzes the Hungarian Status Law in the context of general principles of international law. By specifically examining the Hungarian minority, this Note questions whether the implementation of the Hungarian Status Law is the most effective method of ensuring the protection and respect of the Hungarian minority in Eastern Europe. The conclusion argues that the unilateral approach of the Hungarian Status Law should be abandoned for a bilateral approach to secure rights for the Hungarian minority.

Internationalization Of Labor Disputes: Can Adr Mechanisms Help?, Theodore J. St. Antoine

Book Chapters

My task is to assess the ways in which ADR procedures may be adapted to deal with international labor disputes. ADR refers to various methods by which neutral third parties assist persons engaged in a conflict to settle their differences without invoking the decision-making power of the state or another sanction-imposing body. Both mediation and arbitration are included among such methods. In mediation, the neutral aims for the parties to agree on a mutually acceptable solution. In arbitration, the neutral imposes a solution after presentations by the contending parties. A third term - conciliation - is sometimes used and generally …

Tres Vidas, Una Guerra Rafael Iznaga, Bárbara Pérez Y Gregoria Quesada Entre La Emancipación Y La Ciudadanía, Rebecca Scott

Book Chapters

In this article, Scott takes a microhistorian approach as she looks at the ways in which three Cubans of color (Rafael Iznaga, Bárbara Pérez and Gregoria Quesada), from the same rural neighborhood, sought to define and attain citizenship during and immediately after the Cuban War of Independence from 1895-1898. Juxtaposing oral and written sources, Scott shows how such evidence can be both complementary and contradictory, and how each source should be examined in light of the others.

Rafael Iznaga fought in the war as a soldier of the Liberation Army, and returned with prestige and status. While his life can …