Comparative and Foreign Law Commons^™

The Dynamics Of Economic Integration In The Western Hemisphere: The Challenge To America, Alan C. Swan

University of Miami Inter-American Law Review

No abstract provided.

The Ottawa Convention Banning Landmines, The Role Of International Non-Governmental Organizations And The Idea Of International Civil Society, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Establishment of the Ottawa Convention Banning Landmines was regarded by many international law scholars, international activists, diplomats and international organization personnel as a defining, 'democratizing' change in the way international law is made. By bringing international NGOs - what is often called 'international civil society' - into the diplomatic and international law-making process, many believe that the Ottawa Convention represented both a democratization of, and a new source of legitimacy for, international law, in part because it was presumably made 'from below'. This article sharply questions whether the Ottawa Convention and the process leading up to it represents and real …

The Effectiveness Of International Legislative Responses To The Helms-Burton Act, Bernadette Atuahene

All Faculty Scholarship

The Cuban Liberty and Democratic Solidarity (Libertad) Act (Helms-Burton Act) is the latest appendage to the Cuban embargo. Title III has caused an international uproar because it gives U.S. victims of Cuban expropriation a right of action within U.S. courts against third parties who traffic in confiscated property. For example, a U.S. citizen can sue a Canadian Mining company doing business in Cuba if they are operating on or using expropriated property. The Helms-Burton Act (HBA) targets U.S. allies who continue to trade and invest in Cuba regardless of pending U.S. claims of expropriation. In response to the HBA, Cuba, …

The Japanese Firearm And Sword Possession Control Law: Translator's Introduction, Mark Alleman

Washington International Law Journal

Japan's Firearm and Sword Possession Control Law was amended in 1993 and again in 1995, partially in response to changing firearms confiscation demographics. In the past, most firearms were confiscated from members of organized crime groups, and the Japanese viewed firearms largely as a danger related to organized crime. However, confiscation statistics suggest that firearms are moving into the hands of the general population, increasing the risk firearms pose to public safety in Japan. In response to this trend, Japan amended the Firearm and Sword Possession Control Law in 1993 and 1995 by adding add new crimes, more severe punishments, …

One Country, Two (Taxation) Sytems: A Treaty In All But Name, Andrew Halkyard

Washington International Law Journal

It came as no small surprise when it was announced in February 1998 that the Chinese mainland ("the Mainland") and Hong Kong had agreed to enter into an arrangement for the avoidance of double taxation of income. Although concerns of double taxation between the Mainland and Hong Kong tended to be more academic than practical, this arrangement helps establish a firm foundation for future co-operation by the Mainland and Hong Kong on trade and other economic matters. From a Hong Kong taxation perspective, it is one of the most significant developments to have occurred for a very long time. From …

The Proposed Revisions To Japan's Juvenile Law: If Punishment Is Their Answer, They Are Asking The Wrong Question, Jessica Hardung

Washington International Law Journal

The Juvenile Law in Japan turned fifty years old on January 1, 1999. Japan enjoys one of the lowest overall crime rates of any industrialized nation, but its juvenile crime rate is on the rise. The rise in juvenile crime has prompted Japanese legislators to propose changes to the Juvenile Law. This Comment argues that the majority of the proposed revisions, which do not focus on rehabilitation, should not be adopted and that social controls already in place are sufficient to combat any increase in juvenile delinquency. Japanese culture has unique characteristics that contribute to its low crime rate. In …

Antitrust In Japan: The Original Intent, Harry First

Washington International Law Journal

This Article examines the "original intent" of those involved in drafting Japan's Antimonopoly Act, passed in 1947. Japanese sources generally assume this legislation to be pure American invention, a foreign transplant that the Japanese did not understand and that was improperly imposed on a country in which antitrust was, and continues to be, irrelevant. Drawing on original Occupation documents, however, this Article shows that negotiators from Japan's government understood perfectly well what the legislation was about. More than understanding, the government of Japan in fact drafted the statute that was finally enacted, and its provisions reflect the success Japan's negotiators …

Firearm And Sword Possession Control Law, Mark Alleman

Washington International Law Journal

This Law sets forth safety regulations necessary for the prevention of harm related to the possession and use of firearms and swords.

Watching The Watchdog: China's State Compensation Law As A Remedy For Procuratorial Misconduct, Keith Hand

Washington International Law Journal

In 1994, China enacted a comprehensive State Compensation Law ("SCL"). The SCL provides individuals and legal entities with the right to compensation in a limited number of situations in which they are harmed by illegal government acts. The purpose of the law is twofold: (1) to guarantee the rights of individuals and legal entities to obtain compensation and (2) to encourage state officials to exercise their powers lawfully. In theory, the SCL provides an important check on the conduct of procurators and other government officials. China's procurators serve dual roles as criminal prosecutors and as supervisors of the legal process. …

Foreword, Norman Dorsen

Cardozo Law Review

No abstract provided.

Comment: Remarks On Michelman And Breyer, Shlomo Avineri

Cardozo Law Review

No abstract provided.

Universalism And Relativism: Human Rights As A Framework For Negotiating Interethnic Claims, Yash Ghai

Cardozo Law Review

No abstract provided.

Comment: Human Rights, Nationalism, And Multiculturalism In Rhetoric, Ethics, And Politics: A Pluralist Critique, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

French Secularism, Or Laïcité, Michel Troper

Cardozo Law Review

No abstract provided.

Unidentified Orbital Debris: The Case For A Market-Share Liability Regime, Mark J. Sundahl

UC Law SF International Law Review

As the volume of debris in the planet's orbit continues to grow, the risks and costs associated with orbital collisions are taking their toll on the space industry. The United Nations Convention on International Liability for Damage Caused by Space Objects seeks to address this modern day tragedy of the commons, yet it applies only to large, identifiable pieces of orbital debris. As most debris consists of small fragments, the source of which cannot be identified, the U.N. Convention is limited in its effect.

This Note addresses the problem of assigning liability for harm caused by unidentified orbital debris. It …

Wye River Memorandum: A Transition To Final Peace, Justus R. Weiner

UC Law SF International Law Review

After a lengthy impasse in the peace process between Israel and the Palestinian Authority, a series of several agreements designed to foster peace led to the Wye River Memorandum. This agreement, negotiated in conjunction with President Clinton, established concrete steps for each side to take in reaching lasting peace. This Article analyzes the Wye River Memorandum in the context of the legal and political controversies surrounding its adoption and implementation. Additionally, this Article includes a postscript that addresses the recent Al-Aqsa Intifada.

Protecting Nature "Down Under": An American Law Professor's View Of Australia's Implementation Of The Convention On Biological Diversity--Laws, Policies, Programs, Institutions And Plans, 1992-2000, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

The Civil Enforcement Of Human Rights Norms In Domestic Courts, Beth Van Schaack

ILSA Journal of International & Comparative Law

This Article will attempt to make the case for the domestic civil action in defense of international human rights in the face of a potential threat to such litigation.

Human Rights Accountability: Congress, Federalism And International Law, Beth Stephens

ILSA Journal of International & Comparative Law

While regularly seeking to apply international human rights norms tojudge the behavior of other governments, the United States has vehemently rejected efforts to apply such rules to United States domestic behavior.

Evolving Human Rights Norms Around Sexuality, Kristen L. Walker

ILSA Journal of International & Comparative Law

International human rights law has only very recently begun to address issues of sexual identity.

Introductory Remarks-Alien Tort Claims Act, Charles Curlett

ILSA Journal of International & Comparative Law

Good morning ladies and gentlemen, and welcome. We are fortunate to have with us today a distinguished panel of professors and practitioners who will be speaking about various aspects of current Alien Tort Claims Act' (ATCA) litigation. Before I introduce them, I thought we might begin with the language of the Statute itself

Pinning Guilt On Pinochet, Alfred P. Rubin

ILSA Journal of International & Comparative Law

Britain's Highest Court has decided that a treaty requires the British to honor a Spanish request for the extradition of General Augusto Pinochet Ugarte, Chile's strong man from 1973 until he "retired" with a rank of "Senator for Life" in Chile.

International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl

ILSA Journal of International & Comparative Law

Human rights law has evolved considerably over the past half-century. Much of this evolution has occurred at the international level.

Terrorism On Trial: The Lockerbie Criminal Proceedings, Michael P. Scharf

ILSA Journal of International & Comparative Law

On December 21, 1998, a bomb exploded in the cargo hold of Pan Am Flight 103 killing all 259 passengers and crew, as well as eleven residents of the town of Lockerbie where the wreckage of the Bowing 747 crashed 31,000 feet below.

International Law Antinomies And Contradictions Of An Era Of Historical Transition: Retrospective On The Nato Armed Intervention In Kosovo, Edward Mcwhinney

ILSA Journal of International & Comparative Law

We live today in an era of historical transition. The 20th century really ended with the fall of the Berlin Wall in 1989.

Groups Protected By The Genocide Convention: Conflicting Interpretations From The International Criminal Tribunal For Rwanda, William A. Schabas

ILSA Journal of International & Comparative Law

The Convention for the Prevention and Punishment of the Crime of Genocide' protects "national, ethnical, racial and religious" groups from intentional physical destruction.

Human Rights Environment And Development In South Asia, Ali M. Qazilbash

ILSA Journal of International & Comparative Law

The fundamental importance of the issue of Human Rights and the environment to any society is deeply appreciated today.

The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States (Conference Remarks), Madeline Morris

ILSA Journal of International & Comparative Law

The Rome Treaty for an International Criminal Court (ICC) provides for the establishment of an international court with jurisdiction over genocide, war crimes, and crimes against humanity.

Five Theoretical Themes In The World Trade Organization Adjudicatory System, Raj Bhala

ILSA Journal of International & Comparative Law

I am not sure about the poetic tastes of my distinguished colleagues on the panel.

The Guatemalan Historical Clarification Commisiion Finds Genocide, Jan Perlin

ILSA Journal of International & Comparative Law

On December 29, 1996 the Guatemalan government and the Unidad Revolucionaria Nacional Guatemalteca (URNG), signed peace accords bringing an end to thirty-four years of internal armed conflict.