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University of Georgia School of Law

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Articles 31 - 59 of 59

Full-Text Articles in Conflict of Laws

Suggestions For The Limited Acceptance Of Compulsory Jurisdiction Of The International Court Of Justice By The United States, Louis B. Sohn Dec 2014

Suggestions For The Limited Acceptance Of Compulsory Jurisdiction Of The International Court Of Justice By The United States, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


Austria - Neutrality - European Economic Community - Austrian Neutrality And Ec Membership: Are They Compatible?, Mark Bergethon Nov 2014

Austria - Neutrality - European Economic Community - Austrian Neutrality And Ec Membership: Are They Compatible?, Mark Bergethon

Georgia Journal of International & Comparative Law

No abstract provided.


Austrian Neutrality - Ec - Is Austrian Membership In The Ec Compatible With Its Permanently Neutral Status: A Legal Analysis Of Some Problems Posed By Full Membership, James M. Wilson Iii Nov 2014

Austrian Neutrality - Ec - Is Austrian Membership In The Ec Compatible With Its Permanently Neutral Status: A Legal Analysis Of Some Problems Posed By Full Membership, James M. Wilson Iii

Georgia Journal of International & Comparative Law

No abstract provided.


Uniform Application And Interest Rates Under The 1980 Vienna Sales Convention, Franco Ferrari Oct 2014

Uniform Application And Interest Rates Under The 1980 Vienna Sales Convention, Franco Ferrari

Georgia Journal of International & Comparative Law

No abstract provided.


Extraterritorial Application Of The United States' Trade Embargo Against Cuba: The United Nations General Assembly's Call For An End To The U.S. Trade Embargo, Jerry W. Cain Jr. Oct 2014

Extraterritorial Application Of The United States' Trade Embargo Against Cuba: The United Nations General Assembly's Call For An End To The U.S. Trade Embargo, Jerry W. Cain Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Dead Man's Hand: Reshuffling Foreign Sovereign Immunities In U.S. Human Rights Litigation, David J. Bederman Oct 2014

Dead Man's Hand: Reshuffling Foreign Sovereign Immunities In U.S. Human Rights Litigation, David J. Bederman

Georgia Journal of International & Comparative Law

No abstract provided.


Germany V. United States In The International Court Of Justice: An International Battle Over The Interpretation Of Article Thirty-Six Of The Vienna Convention On Consular Relations And Provisional Measures Orders, Stephanie Baker Oct 2014

Germany V. United States In The International Court Of Justice: An International Battle Over The Interpretation Of Article Thirty-Six Of The Vienna Convention On Consular Relations And Provisional Measures Orders, Stephanie Baker

Georgia Journal of International & Comparative Law

No abstract provided.


A Matter Of Compliance: How Do U.S. Multinational Corporations Deal With The Discrepancies In The Family And Medical Leave Act Of 1993 And The European Union Directive On Parental Leave; Is An International Standard Practical Or Appropriate In This Area Of Law?, Kathryn L. Morris Oct 2014

A Matter Of Compliance: How Do U.S. Multinational Corporations Deal With The Discrepancies In The Family And Medical Leave Act Of 1993 And The European Union Directive On Parental Leave; Is An International Standard Practical Or Appropriate In This Area Of Law?, Kathryn L. Morris

Georgia Journal of International & Comparative Law

No abstract provided.


Mending Broken Promises: Analyzing The Legality Of U.S. Withdrawal Of United Nations Population Fund Appropriations And The Need For Binding Un Commitments, Kristi Uhrinek Sep 2014

Mending Broken Promises: Analyzing The Legality Of U.S. Withdrawal Of United Nations Population Fund Appropriations And The Need For Binding Un Commitments, Kristi Uhrinek

Georgia Journal of International & Comparative Law

No abstract provided.


Creditor Participation In The Hipc Debt Relief Initiatives: The Case Of Guyana, Magnus Saxegaard Sep 2014

Creditor Participation In The Hipc Debt Relief Initiatives: The Case Of Guyana, Magnus Saxegaard

Georgia Journal of International & Comparative Law

No abstract provided.


Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan Sep 2014

Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan

Georgia Journal of International & Comparative Law

No abstract provided.


The Sarbanes-Oxley Act Of 2002: Are Stricter Internal Controls Constricting International Companies?, Jennifer K. Coalson Sep 2014

The Sarbanes-Oxley Act Of 2002: Are Stricter Internal Controls Constricting International Companies?, Jennifer K. Coalson

Georgia Journal of International & Comparative Law

No abstract provided.


Big Success Or "Big Brother?": Great Britain's National Identification Scheme Before The European Court Of Human Rights, Jennifer Morris Sep 2014

Big Success Or "Big Brother?": Great Britain's National Identification Scheme Before The European Court Of Human Rights, Jennifer Morris

Georgia Journal of International & Comparative Law

No abstract provided.


The European Union, State-Sponsored Gambling, And Private Gambling Services: Time For Harmonization?, Matthew W. Mauldin Sep 2014

The European Union, State-Sponsored Gambling, And Private Gambling Services: Time For Harmonization?, Matthew W. Mauldin

Georgia Journal of International & Comparative Law

No abstract provided.


Must Treaty Violations Be Remedied?: A Critique Of Sanchez-Llamas V. Oregon, John Quigley Sep 2014

Must Treaty Violations Be Remedied?: A Critique Of Sanchez-Llamas V. Oregon, John Quigley

Georgia Journal of International & Comparative Law

No abstract provided.


Unlocking The Mysteriousness Of Complementarity: In Search Of A Forum Conveniens For Trial Of The Leaders Of The Lord's Resistance Army, Alhagi Marong Oct 2013

Unlocking The Mysteriousness Of Complementarity: In Search Of A Forum Conveniens For Trial Of The Leaders Of The Lord's Resistance Army, Alhagi Marong

Georgia Journal of International & Comparative Law

No abstract provided.


What Do We Really Know About The American Choice-Of-Law Revolution?, Hillel Y. Levin Oct 2007

What Do We Really Know About The American Choice-Of-Law Revolution?, Hillel Y. Levin

Scholarly Works

This Book Review reviews Symeon Symeonides's recent book, The American Choice-of-Law Revolution: Past, Present and Future. I conclude that the book is required reading in the field and that it pushes the law in the right direction in significant ways. However, I suggest that it falls short in its effort to tell the full story of the Revolution, for two reasons. First, the data set is limited to published opinions. Second, we cannot evaluate the Revolution simply by looking at judicial opinions. I argue that scholarship and practice in Conflicts must reengage with one another, and offer a framework for …


Abu Ghraib, Diane Marie Amann Jun 2005

Abu Ghraib, Diane Marie Amann

Scholarly Works

This article posits a theoretical framework within which to analyze various aspects of post-September 11 detention policy - including the widespread prisoner abuse that has been documented in the leaks and official releases that began with publication of photos made at Iraq's Abu Ghraib prison. Examined are the actions of civilian executive officials charged with setting policy, of judicial officers who evaluated it, and military personnel who implemented it. Abuse has been attributed to failures of training or planning. The article concentrates on a different failure, the failure of law to keep lawlessness in check. On September 11, law's map …


Legal Aspects Of The Internet, Etienne Pichat Jan 1997

Legal Aspects Of The Internet, Etienne Pichat

LLM Theses and Essays

This thesis will explain the legal aspects of the Internet so that users who wish to protect their rights and avoid liability can log on with a better understanding of the rules of the game. This work will be divided into two chapters. The first chapter will focus on existing legal regulation of the Internet to advise users on which law is relevant, and how to solve problems of conflicts of laws in the cyberworld. It will answer the question of whether cyberspace is, or not, a "no laws land", and what kind of regulation would better fit the cyberworld. …


The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot Jan 1996

The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot

LLM Theses and Essays

Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …


Choice Of The Applicable Law In United States Maritime Law And The Venezuelan System, Daniel Eric Vielleville Jan 1996

Choice Of The Applicable Law In United States Maritime Law And The Venezuelan System, Daniel Eric Vielleville

LLM Theses and Essays

International maritime transport is an important means of transport in international trade. The vessels used in international maritime transport face unique dangers which necessitate maritime law that addresses the perils associated with maritime transport. Maritime law concerns many jurisdictions, which creates a special interest for the study of conflict of laws. There are private international maritime laws in addition to multilateral treaties. This paper analyzes the international approach that the United States takes in maritime conflict of laws, and compares it with the Venezuelan system of private international law. Venezuela is a civil law country with old maritime legislation which …


To Defer Or Not To Defer: A Study Of Federal Circuit Court Deference To District Court Rulings On State Law, Dan T. Coenen Jan 1989

To Defer Or Not To Defer: A Study Of Federal Circuit Court Deference To District Court Rulings On State Law, Dan T. Coenen

Scholarly Works

Federal courts of appeals often grant special deference to district court rulings on matters of state law. This practice is important. It is also ill-conceived. This Article explores this "rule of deference." Section I considers the roots and reach of the rule. Together with the Appendices to this Article, it seeks to detail for practitioners, commentators, and judges the way the rule operates in the courts. The remaining sections of this Article consider the wisdom of the rule of deference. Section II argues that the rule lacks a sound rationale and Section III urges that the rule has bad effects …


Forum Shopping In Products Liability Actions: A Comparison Between The United States, France And Germany, Lothar W. Baum Jan 1988

Forum Shopping In Products Liability Actions: A Comparison Between The United States, France And Germany, Lothar W. Baum

LLM Theses and Essays

The goal of this research is to state the current situation concerning products liability in the United States, the Federal Republic of Germany and more briefly, France and to compare the different systems. Emphasis will be given to the substantive laws, in particular to the new EC Directive and its adoption in the Federal Republic of Germany. Also, it will discuss the current German law, since this will be valid for all claims initiated before the enactment of the new ProdHaftG. Further, based on the previous analysis, it will be shown where a consumer is in the most favorable position …


International Concurrent Jurisdiction: Dealing With The Possibility Of Parallel Proceedings In The Courts Of More Than One Country, Bernd U. Graf Jan 1988

International Concurrent Jurisdiction: Dealing With The Possibility Of Parallel Proceedings In The Courts Of More Than One Country, Bernd U. Graf

LLM Theses and Essays

This thesis will examine how legal systems deal with the phenomenon of multiple assumptions of jurisdiction over the same dispute. We will first look at public international law rules on jurisdiction, regulating (or not regulating) conflicting states' interests, which will give only modest guidance. In view of those rules, the subsequent chapters will deal with various national laws relating to the possibility of parallel proceedings in the courts of more than one country, and thus the possibility of the emergence of conflicting orders or judgments.


Equal Protection Limitations On Choice Of Law Decisions, Anne-Marie Witters Jan 1987

Equal Protection Limitations On Choice Of Law Decisions, Anne-Marie Witters

LLM Theses and Essays

In this paper, the author seeks to clarify the implications of contemporary Fourteenth Amendment theory for state autonomy in deciding conflict cases, concentrating on state discrimination against non-residents and aliens. The author argues that laws which distinguish locals from residents of other states should be reviewed under strict scrutiny, just as laws that discriminate against aliens. Also U.S. choice of law methodologies from both past and present are discussed, with the conclusion that modern theories violate the Equal Protection Clause of their systematic preference for forum residents and parochial results. After a review of the European conflicts system, the choice …


Motion Pictures In American And International Copyright Law, Christof Siefarth Jan 1986

Motion Pictures In American And International Copyright Law, Christof Siefarth

LLM Theses and Essays

This thesis intends to examine some problems of motion pictures in American and international copyright law. Motion pictures are one of the most fascinating forms of communication and entertainment. They are of enormous commercial significance and are probably the most complex works in the field of copyright law. The American motion picture industry is heavily influential throughout the world. Therefore, the subject of this work will be mainly the American copyright law. Solutions of other legal systems are treated when they provide interesting alternatives or similarities.


The Law Governing Arbitration Agreements In International Trade, Daniele Lingua Jan 1986

The Law Governing Arbitration Agreements In International Trade, Daniele Lingua

LLM Theses and Essays

This paper on the law applicable to arbitration agreements will start with an examination of the provisions adopted in international conventions on arbitration. The reason for this approach lies in the fact that, when national statutes contain choic of law rules specifically applicable to arbitration agreements, such rules tend to conform to those adopted by the conventions. However, problems of incompatibility between national choice of law provisions and the interpretation of international conventions may arise in the case of those countries which extend their general choice of law rules regarding contracts to rules concerning international arbitration agreements. Finally, this paper …


The Proper Law Of Business Torts, Georg H. Kutschelis Jan 1972

The Proper Law Of Business Torts, Georg H. Kutschelis

LLM Theses and Essays

This paper's purpose is to define as clearly as possible the law that best fits business torts which bring into play two or more systems of law. The definition of "tort" being another field in which scholarly activity has not led to a consensus, and the qualification of "business tort" considerably adding to the vagueness of the subject, it is sufficient here to state that the thrust of this analysis is on choice-of-law problems. But in order to test the resulting rule or method cases will be selected both from the frequent tort cases arising out of accidents and from …


Choice-Of-Law Problems In Wrongful Death Actions Arising From Aircraft Accidents, Rolf-Peter Hoenen Jan 1972

Choice-Of-Law Problems In Wrongful Death Actions Arising From Aircraft Accidents, Rolf-Peter Hoenen

LLM Theses and Essays

This thesis examines choice-of-law problems in wrongful death actions arising from multistate aircraft accident litigation. Although federal law extensively regulates air traffic safety and carrier operations, compensation for dependents of accident victims remains governed by divergent state wrongful death statutes, creating acute conflict-of-laws difficulties. The study traces the historical dominance of the lex loci delicti doctrine and demonstrates its particular inadequacy in aviation cases, where the situs of a crash bears little rational connection to the parties. It then surveys judicial escape devices — procedural characterization, public policy exceptions, and renvoi — as well as the modern approaches that followed …