International Law Commons^™

Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane

UIC Law Review

No abstract provided.

An International Antitrust Dilemma: An Analysis Of The Interaction Of Antitrust Laws In The United States And The European Union, 36 J. Marshall L. Rev. 271 (2002), Sandra Ferson Young

UIC Law Review

No abstract provided.

Recognition And Enforcement Of Foreign Judgments In The United States: The Need For Federal Legislation, 37 J. Marshall L. Rev. 229 (2003), Violeta I. Balan

UIC Law Review

No abstract provided.

“Democratizing” Globalization: Practicing The Policies Of Cultural Inclusion, 10 Cardozo J. Int'l & Comp. L. 217 (2002), Doris E. Long

UIC Law Open Access Faculty Scholarship

No abstract provided.

Article 36 Of The Vienna Convention On Consular Relations: Private Enforcement In American Courts After Lagrand, Cara H. Drinan

Scholarly Articles

In this Note, I explore the potential impact of LaGrand upon domestic American criminal jurisprudence with an eye toward what the case demonstrates for America as a member of international institutions more generally. In Part I, I describe the central holdings of the ICJ in LaGrand, noting how dramatically LaGrand departs from what American courts have previously interpreted the VCCR to require. Having demonstrated the enormity of LaGrand's procedural implications, I examine early cases after LaGrand and what they suggest about the American judicial response to the ICJ decision in Part II. I argue that American courts err to the …

"Unitorrial" Marks And The Global Economy, 1 J. Marshall Rev. Intell. Prop. L. 191 (2002), Doris E. Long

UIC Review of Intellectual Property Law

The early decades of the 21st Century may well become known in the annals of intellectual property development as the period when “everything old is new again.” There is one ancient doctrine that has not yet enjoyed a similar renaissance, despite its clear application to today’s new, global, digital economy. It is the old (and currently discredited) view that trademarks and other commercial symbols are universal in nature. First given credence in early US cases regarding the importation of grey market, or parallel imports, the doctrine of universality was gradually replaced by a view of trademarks as creatures of nation …

International Trade And Labor: Leveling Up Or Down, 35 J. Marshall L. Rev. 227 (2002), Don Turner, Willard A. Workman, Ira Arlook

UIC Law Review

No abstract provided.

The Evolving Intervention Regime In Africa: From Basket Case To Market Place?, Jeremy I. Levitt

Journal Publications

The analysis that follows aims to present dynamic new information about pressing law of the use of force and peacemaking developments in Africa. It is meant to be more descriptive than analytic. It will discuss, among other things, the evolution of the international law of the use of force by assessing state practice and treaty law developments in Africa since the end of the Cold War-developments that undoubtedly form an important part of the evolution of the corpus of general international law. Space constraints will not permit me to examine the legality of the various African interventions that have taken …

The Ballad Of Transborder Arbitration, Thomas E. Carbonneau

Faculty Scholarship

International commercial arbitration (ICA) is many things positive. Because business transactions cannot take place without a functional system of adjudication,ICA has enabled parties to engage in and pursue international commerce. As a result, it has had an enormous impact upon the international practice of law, the structuring of a de facto international legal system, and the development of a substantive world law of commerce. In a word, ICA has been a vital engine in the creation of a transborder rule of law. Furthering this design, the arbitral "method"has even been applied to the unruly political problems that attend international trade …

Who Should Watch Over Refugee Law?, James C. Hathaway

Articles

We simply cannot afford to sell out the future of refugee protection in a hasty bid to establish something that looks, more or less, like an oversight mechanism for the Refugee Convention.

The Continued Viability Of Foreign Sales Corporations (Fscs): An Analysis Of The Wto Decision Declaring Fscs Incompatible With Gatt Trading Rules, Brenda O'Leary

San Diego International Law Journal

Most major trading nations have features in their income tax laws that favor exports. The United States has adopted such a scheme of preferential treatment of foreign income in order to provide incentives for the export of U.S.-produced goods. However, such devices that reduce income taxes for U.S. exporters have been openly criticized by the international community as illegal export subsidies which are incompatible with the General Agreement on Tariffs and Trade (GATT). In fact, the U.S. enacted its current Foreign Sales Corporation (FSC) legislation in the Tax Reform Act of 1984 to conform the Domestic International Sales Corporation (DISC) …

Force Majeure, China & (And) The Cisg: Is China's New Contract Law A Step In The Right Direction, Donald L. Grace

San Diego International Law Journal

This paper is designed to provide the reader with a general understanding of the force majeure clauses of both the old and new Chinese contract laws and their relation to the CISG. Section II will delve deeper into the Chinese concepts of force majeure and historical and moderns beliefs concerning excuse of performance. Section III will analyze the various provisions that apply to a force majeure event within the FECL, namely Articles 24 and 25, as well as the damage provisions relating to a force majeure event. Section IV will analyze Article 79 of the CISG; provisions pertaining to a …

The Evolving Concept Of Universal Jurisdiction (Symposium), Bartram Brown

All Faculty Scholarship

No abstract provided.

The International Recognition Of Judgments: The Debate Between Private And Public Law Solutions, Antonio F. Perez

Scholarly Articles

This article explores institutional alternatives for balancing the competing trade and non-trade concerns at the national and global levels in relation to the recognition and enforcement of judgments. It argues against a private international law convention of the kind that is currently being negotiated at the Hague Conference on Private International Law, and against quasi-constitutional and constitutional solutions, such as those employed by the European Union and the United States. Rather, the article argues that managing the tensions between trade and non-trade values and between state autonomy and globally established standards can best be achieved through a supplementary agreement in …

Uni-State Lawyers And Multinational Practice: Dealing With International, Transnational, And Foreign Law, Ronald A. Brand

Vanderbilt Journal of Transnational Law

This Article addresses how a lawyer may ethically engage in a transnational practice given the current structure of state-by-state bar admission. Part I examines the ethical pitfalls of a transnational practice, including an examination of applicable APA Model Rules of Professional Conduct. This section also addresses different tests for determining whether a lawyer has committed the unauthorized practice of law. Part III makes use of examples to illustrate the legal framework for determining whether a lawyer has committed the unauthorized practice of law. In Part IV, the author concludes by making suggestions for how to better address the ethical dilemma …

Treating Tax Issues Through Trade Regimes (Symposium: International Tax Policy In The New Millennium), Reuven S. Avi-Yonah

Articles

Professor Paul R. McDaniel has performed an extremely valuable service in clarifying the relationship between trade and tax law. In particular, he has done so by pointing out that, to a large extent, the two spheres do not overlap, much less clash in their objectives. This makes sense because, fundamentally, the goal of trade law is to facilitate trade, while the goal of tax law is to raise revenue. Thus, for example, an ideal tariff under trade law is set at zero, but an ideal tax under tax law is set at some positive rate. It therefore should not be …

Tax, Trade And Harmful Tax Competition: Reflections On The Fsc Controversy, Reuven S. Avi-Yonah

Articles

This article contrasts three approaches to dealing with the BEPS problem: adopting a unitary taxation regime, ending deferral, and adopting anti-base-erosion measures. It concludes that while the first approach is the best long-term option, the other two are more promising as immediate candidates for adoption in the context of U.S. tax reform and the OECD BEPS project.

The Case For Cooperative Territoriality In International Bankruptcy, Lynn M. Lopucki

Michigan Law Review

Universalism - the idea that a multinational debtor's "home country" should have worldwide jurisdiction over its bankruptcy - has long had tremendous appeal to bankruptcy professionals. Yet, the international community repeatedly has refused to adopt conventions that would make universalism a reality. In an article published last year, I proposed an explanation. Universalism can work only in a world with essentially uniform laws governing bankruptcy �nd priority among creditors - a world that does not yet exist. Because it is impossible to fix the location of a multinational company in a global economy, the introduction of universalism in current world …

Resolving Transnational Insolvencies Through Private Ordering, Robert K. Rasmussen

Michigan Law Review

There is no international bankruptcy law. No question, there are international insolvencies. Transnational firms, just like domestic ones, often cannot generate sufficient revenue to satisfy their debt obligations. Their financial distress creates a situation where assets and claimants are scattered across more than one country. But there is no international law that provides a set of rules for resolving the financial distress of these firms. The absence of any significant free-standing international bankruptcy treaty means that a domestic court confronted with the domestic part of a transnational enterprise has to decide which nation's domestic bankruptcy law will apply to which …

International Bankruptcy: In Defense Of Universalism, Andrew T. Guzman

Michigan Law Review

The globalization of business activity is rightfully celebrated as one of the triumphs of the second half of the twentieth century. The benefits stemming from the globalization of commerce are substantial, but international transactions also bring with them important challenges for the world's legal systems. Traditionally, national governments could focus on their domestic economies without undue attention to international issues. Today, however, a country's policymakers must respond to the growth in international business activity with appropriate legal changes. Failure to do so will cause their legal regimes to fall further and further out of step with the needs of the …

Panel: The International Criminal Court: Contemporary Perspectives And Prospects For Ratification, Ruti Teitel, Roy Lee, William K. Lietzau, George Fletcher, Richard Dicker, Paul Dubinsky

Law Faculty Research Publications

No abstract provided.

Competition Laws Of The European Union In The Face Of The New Single Currency Market, 33 J. Marshall L. Rev. 715 (2000), Rebecca Schoenfeldt

UIC Law Review

No abstract provided.

The Perils Of Pinochet: Problems For Transnational Justice And A Supranational Governance Solution, Antonio F. Perez

Scholarly Articles

No abstract provided.

Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie

Articles, Book Chapters, & Popular Press

If indeed, as has been said, "it is fashionable nowadays to discuss the problems that arise from the application of general human rights to extradition", then it is also true that human rights concerns are increasingly being raised with regard to other forms of international criminal co-operation as well. As compliance with international human rights norms has become the subject of greater scrutiny by both States and international adjudicative bodies, concerns have been raised regarding their application to the various processes by which States aid each other in combating transnational crime. Prosecuting authorities are presented with problems of how the …

U.S. Objections To The Statute Of The International Criminal Court: A Brief Response, Bartram Brown

All Faculty Scholarship

No abstract provided.

Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies

UIC John Marshall Journal of Information Technology & Privacy Law

The right to privacy is one of the most fundamental rights recognized. References to privacy date back to ancient Greece and China. Rapid advances in information technology and high-speed data networks have had an enormous impact on privacy. Today, personal medical and financial information can easily be transmitted with and without the one knowing. Can privacy law keep up with these changes and challenges? Privacy advocates are concerned. Nearly every country in the world has some form of privacy provision in its constitution. However, the definition of privacy differs from context and environment. The authors chronicle the status of privacy …

Deleting The Bolar Amendment To The Hatch-Waxman Act: Harmonizing Pharmaceutical Patent Protection In A Global Village, 32 J. Marshall L. Rev. 751 (1999), Ned Milenkovich

UIC Law Review

No abstract provided.

Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith

UIC Law Review

No abstract provided.

Exit And Voice In The Age Of Globalization, Eyal Benvenisti

Michigan Law Review

The "globalization" of commerce provides ever-growing opportunities for producers, employers, and service providers to shop the globe for more amenable jurisdictions. While they enjoy a "race to the top," an international "race to the bottom," spawned by decreasing relocation costs, threatens to compromise the achievements of the welfare state and lower standards of consumer protection. National governments, weakened by competition that entails leaner budgets, find it increasingly difficult to cooperate in the appropriation of crucial shared natural resources, seriously endangering these assets while damaging the environment. Not only does the growing global competition create both efficiency losses and social-welfare problems, …

Introduction - Denver Journal Of International Law And Policy, Thomas E. Carbonneau

Faculty Scholarship

The reconciliation of national law with a transborder standard is at the heart of the European enterprise to create an integrated legal process. Such reconciliation is also necessary to establish a unified political community with common core values. The various cases that are analyzed in this issue address critical questions of law and policy, and demonstrate the court’s progress in elaborating a communitarian practice in the various subject areas.

In the cases that are studied, the ECJ rendered preliminary rulings on previously unresolved issues of Community law. The ECJ has the power under Article 177 ofthe EC Treaty to issue …