International Law Commons^™

Transformation To Rule Of Law From No-Law: Societal Contexture Of Democratic Transition In Central And Eastern Europe, Csaba Varga

Connecticut Journal of International Law

Neither legislators, nor policy makers, nor scholars, either in the region or anywhere in the world, could have been aware of the true nature of the challenge facing the countries of Central and Eastern Europe during the recent years. Currently, the Atlantic nations lack the imagination to appreciate the complexity of the tasks arising from the drastic changes and pressing needs.2 It can hardly be expected from the peoples involved - crippled by their past, who have just become free from a desperately long pressure and who hope for their fate to take an immediate turn for the better - …

Pollution Control In An Era Of Economic Redevelopment: An Overview, Kurt A. Strasser

Connecticut Journal of International Law

The worldwide growth of interest in environmental protection is one of the most startling legal developments of the late Twentieth century. As recently as twenty-five years ago, the presentation of an environmental law panel at a symposium such as this would have been unimaginable. At that time, in neither East nor West was environmental law an important area of social concern or a topical area of interest to practical lawyers. Environmental protection was often paid lip service, but the reality was that it counted for little. Indeed, the question of tradeoff between environmental protection versus economic development, however inaccurate today, …

Minorities And Diversities: The "Remarkable Experiment" Of The League Of Nations, Carol Weisbrod

Connecticut Journal of International Law

This paper considers some issues relating to state frameworks intended to permit and encourage large diversities in societal group life. It focuses illustratively on material relating to the period after the First World War, when the League of Nations used a system of treaties to protect the ethnic, religious, and linguistic minorities of certain largely central European states, and suggests that in thinking about issues of minorities we must also think about our definitions of the state. Education, because it is of such importance to individuals, groups and the state, is used as a field through which a pluralist framework …

The Extension Of The European Convention On Human Rights To Central And Eastern Europe: Prospects And Risks, David Seymour

Connecticut Journal of International Law

This paper analyzes the prospects and risks associated with the extension of the European Convention on Human Rights' (ECHR) to Central and Eastern Europe. It addresses the likely impact of this extension not only on the Eastern and Central European countries who have recently become members of the Council of Europe but also its impact on the procedures of the Commission and Court in Strasbourg and the general efficacy of the ECHR system in Europe. Inevitably much of this paper will represent speculation as to likely events over the next ten or twenty years. In trying to anticipate these events, …

Right To Speak And Associate Under Strasbourg Case-Law With Reference To Eastern And Central Europe, Michael O'Boyle

Connecticut Journal of International Law

The European Convention on Human Rights and the developing case-law of the European Commission and Court of Human Rights have a vital role to play in the on-going process of law reform and constitution-building in many eastern and central European countries.' Many of these countries are looking to this corpus of European constitutional law for direction in amending their codes of civil and criminal law and for guidance on the fundamental tenets of a democratic society.

Constitutionalizing The Right To Freedom Of Information: A Modest Proposal For The Nations Of Central And Eastern Europe, Ralph Gregory Elliot

Connecticut Journal of International Law

Events in the past few years in the former Soviet Union and in the neighboring states popularly known in Winston Churchill's phrase as the "Iron Curtain" countries have given the prospect of what is hopefully called "democratization." As those who live in these countries know all too well, however, the seeds of democracy are sown upon barely-tilled soil, essentially devoid of a nourishing history of republican self-government of the sort so long enjoyed, in varying degrees of fulfillment, in the United States, Western Europe and the British Commonwealth.

It is essential, therefore, to the realization of the hopes and aspirations …

Constitutional Transition And Legal Continuity, Peter Paczolay

Connecticut Journal of International Law

In 1989 the new Hungarian constitutional order was introduced under cover of an amendment. This paper discusses how it took place, examines the first years of experience with the new constitutional system, and suggests possible consequences of the peculiar manner in which Hungary underwent its transition from authoritarian rule to democracy and rule of law. Furthermore, the paper describes the evolution of the constitutional system, and examines the transition mainly in terms of continuity and discontinuity, thereby attempting to interpret the nature of these changes through a typology of societal and political transitions. Finally, it attempts to examine the legitimacy …

Some Comparative Remarks About The Efficacy Of International And Constitutional Law, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.

Press Freedoms During Times Of Emergency: An Examination Of South Africa And The United States, Fletcher N. Baldwin Jr., W. Edward Mcleod Jr.

Connecticut Journal of International Law

Throughout the 1980s, South Africa prided itself as having the most tolerant press laws on the African continent.' Yet, as South Africa came under increasing domestic and international pressure to end its policies of racial separation, the government of State President P.W. Botha imposed increasingly severe restrictions on dissident elements of the population and the press.2 Fighting back, the South African press reported the unrest and, through editorials and commentary, attacked the government's oppressive segregationalist apartheid policies.

In this paper we propose to examine how the growing crisis in South Africa transformed various laws and government policies that affected the …

Intellectual Property, Karl F. Jorda

Connecticut Journal of International Law

For a patent lawyer it is highly gratifying to have been asked to participate in this timely and topical Symposium and exceedingly pleasing that the subject of intellectual property (IP) was on the program among very important business, financial, economic and environmental topics.

IP has not always been a mainstream subject. Some years ago it was patents and trademarks and copyrights - IP as a concept and a term did not even exist. One kept it a secret that one was a patent lawyer. It did not have a ring to it like IP lawyer does. Now we live in …

Investment Policy And The Environment: The Role For European Community Law, Maurice Sheridan

Connecticut Journal of International Law

The past three years have witnessed an extraordinary degree of change in the countries of Central and Eastern Europe. The extent and pace of change have made it increasingly difficult to predict with any real assurance just which of the structures, institutions, laws or personnel, among other things, that are in place today will still be in place twelve months hence. Such uncertainty has meant that planning within these countries, and planning by those outside of but who wish to operate within, has either been executed in a perilously vacant lot, -or else has had to rely on rules and …

A Comparative Survey Of Culpa In Contrahendo, Focusing On Its Origins In Roman, German, And French Law As Well As Its Application In American Law, Steven A. Mirmina

Connecticut Journal of International Law

This paper will examine a theory of precontractual liability known as culpa in contrahendo, which can be translated as "fault in the negotiation process." The essence of the doctrine is as follows: When two parties bargain in order to enter a contract, and a contract is not consummated, one party may suffer damages due to the expenditures he made in preparation to enter the agreement. When one of the parties, through blameworthy conduct, prevented the contract from coming into force, he should be liable for the expenses of the other.

Such would be the case if a homeowner wanted to …

Capital Markets In Eastern Europe: The Financial Black Hole, Istvan Abel, John P. Bonin

Connecticut Journal of International Law

Hungary is recognized as the transforming country that has made the greatest strides to date in developing its capital market. But the Hungarian example is not yet a success story; the legacies of the past weigh heavy. Since all of the transforming countries are struggling with the problem of creating capital markets, a close look at the Hungarian experience to date will provide insight into what may be reasonable expectations for. the speed with which flexible capital markets can be created during the transition. Without meaningful progress toward developing efficient financial intermediation early in the transition, privatization will be impeded …

Connecticut Compendium Of International And Comparative Legal Scholarship

Connecticut Journal of International Law

No abstract provided.

Privatization In The Ussr And Commonwealth, Olimpiad S. Ioffe

Connecticut Journal of International Law

Coming to power in 1985, Gorbachev almost immediately announced that the Soviet economy was in an extremely deplorable state, and that it would collapse, unless urgent measures would be applied. He thought that it was necessary to connect the so-called socialist economic system, deprived of any economic stimuli, with other economic phenomena, containing these stimuli, in order to overcome dangerous stagnation and achieve at least certain progress. The idea entailed various steps: mitigating the centralized planning and unfolding the local initiative on the level of the lowest economic entities; private efforts to develop state enterprises in the form of leasing …

The Canadian Administrative Process For Evaluating The Transboundary Environmental Impact Of Energy Exports, Rosemary C. Blinn

Connecticut Journal of International Law

The need for electricity in the United States has grown dramatically in the last decade. Americans constitute only five percent of the world's population,' yet consume twenty-five percent of the world's energy.' That need is expected to grow in the next decade.' Despite their increased use of electricity, Americans have become more selective about its source. Some methods of generating power have faced public opposition over their potential safety or environmental impacts.

New York and several New England states currently resolve the tension between the need for electricity and public concern about the environment by purchasing hydropower from Canada. Hydropower …

Connecticut Compendium Of International And Comparative Legal Scholarship

Connecticut Journal of International Law

Welcome to the second Connecticut Compendium. The Compendium is an indexed compilation of abstracts from international and comparative law journals throughout the United States. Each participating journal has supplied the Connecticut Journal of International Law with synopses of the articles and student written materials published between 15 September 1991 and 10 February 1992. These abstracts, alphabetized by journal name, are set forth herein as they were received, without substantial editing.

The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution?, Christine N. Cimini

Connecticut Journal of International Law

As of June, 1991, although only 366,455 Acquired Immune Deficiency Syndrome (AIDS) cases had been reported to the World Health Organization (WHO), WHO officials estimated that as many as 1.25 million people worldwide had actually contracted AIDS.' While there is no known cure for the disease, the percentage of the population that is afflicted with AIDS or infected with the human immunodeficiency virus (HIV), which causes the disease, is growing. The WHO predicts that there will be twenty-five to thirty million cases of HIV worldwide by the year 2000.2 Due to the complexity of AIDS/HIV as a social phenomenon, the …

State Buy American Laws In A World Of Liberal Trade, Geraldo Pascual

Connecticut Journal of International Law

According to some estimates, each job which the United States government saves through the imposition of quotas on foreign goods costs the rest of society an additional $100,000 in increased consumer prices.' Yet, legislation continues to impede the flow of goods and services across national boundaries.

An example of such legislation is Pennsylvania's Buy American statute requiring that the steel used in state projects be made in the United States." In a decision hailed "not only as a victory for the [nation's steel] industry but as a victory for all American workers,"' the Third Circuit Court of Appeals upheld the …

The Seaweed Rebellion: Federal -State/Provincial Conflicts Over Offshore Energy Development In The United States, Canada, And Australia, Edward A. Fitzgerald

Connecticut Journal of International Law

There has been a great deal of conflict in federal systems between central and peripheral governments regarding jurisdiction over the continental shelf, both within and outside of the territorial sea. The focus of this conflict has been control over valuable offshore petroleum resources. This conflict, which is known as the Seaweed Rebellion,' has occurred in the United States, Canada, and Australia.

The Seaweed Rebellion has taken place in both the political and judicial arenas. The first battle of the rebellion, known as the tidelands controversy,' dealt with whether the federal or state/provincial governments had jurisdiction over continental shelf lands. When …

Decision-Making Under Section 304 Of The Bankruptcy Code: The Necessity For A Balanced Approach, Ronald J. Silverman

Connecticut Journal of International Law

The international economy continues to expand, spreading the reach of multinational companies across the globe. Inevitably, some of these same multinational entities become multinational debtors requiring bankruptcy protection. These bankruptcies have far-reaching ramifications, especially with regard to creditors residing abroad.

Many barriers exist to obstruct the quick, efficient and equitable resolution of international bankruptcies. Few international bankruptcy treaties, either bilateral or multilateral, exist, and the United States is party to none. Different countries have different bankruptcy policies. Some countries such as the United States encourage rehabilitation,1 while others like Germany emphasize liquidation.2 Some countries, such as Brazil, restrict bankruptcy eligibility …

The Endangered Species Act And State Sovereignty: Defenders Of Wildlife V. Lujan, Marsha L. Anastasia

Connecticut Journal of International Law

The importance of preserving biological diversity throughout the world has come to the forefront of modern wildlife law. The Endangered Species Act1 marked the beginning of the United States effort to protect species from extinction, whatever the cost.2 The United States has recognized the need to consider the effects that developmental projects undertaken by United States federal agencies in foreign countries have on threatened and endangered species around the world. The Eighth Circuit Court of Appeals, in Defenders of Wildlife v. Lujan,* reaffirmed the United States' commitment to worldwide protection of endangered species, holding that federal agencies must consult with …

Connecticut Compendium Of International And Comparative Legal Scholarship

Connecticut Journal of International Law

Welcome to the first Connecticut Compendium. The Compendium is an indexed compilation of-abstracts from international and comparative law journals throughout the United States. The editors look forward to publishing the Compendium once or twice a year. Each participating journal has supplied the Connecticut Journal of International Law with synopses of the articles and student written materials published in its last issue released prior to 15 September 1991. The issue abstracts, alphabetized by journal name, are set forth herein as they were received, without substantial editing.

Human Rights, International Law, And The Federal Courts, Philip S. Wellman

Connecticut Journal of International Law

Little more than a decade has passed since the Second Circuit decided Filartiga v. Pena-!rala1 and revived the once obscure Alien Tort Statute. Yet, the passage of time has not ensured the future of the statute in America's human rights policy-a policy said "to promote democratic processes respect[ful of] human rights and ...to oppose specific human rights violations wherever they occur" 3 nor has it seen the clarification of the role of federal courts in deciding international human rights claims called for by Circuit Court Judge Edwards in TelOren v. Libyan Arab Republic.4 It is with these thoughts in mind …

Nuremberg: Forty Five Years Later, Matthew Lippman

Connecticut Journal of International Law

The year 1991 marks the forty-fifth anniversary of the verdict in the International Military Tribunal's trial at Nuremberg of leading officialg of the Third Reich. This anniversary provides an opportunity to reflect on the trial and to reassess its justification and significance. This may appear to involve a retracing of well-worn ground. However, the trial has received relatively limited attention from international law scholars over the last several decades.' This article sketches the events leading up to the trial. The judgment is then outlined and considered, and the importance of the trial is evaluated. This article concludes that the Nuremberg …

Is There A Right To A Healthy Environment In The International Legal Order?, Iveta Hodkova

Connecticut Journal of International Law

Recent world events have opened the door to increasing cooperation among states, corporations and individuals in the international legal order. International cooperation is especially important in the area of international environmental law, where the common goal is preservation of life on the planet. Recognition of this goal has led to the formulation and implementation of international environmental legal norms. However, the legal protection of this value is lagging behind the natural urgency of the situation. Environmental protection is less effective than it could be because the legal provisions concerning the environment tend to be declarative rather than protective, at both …

Hague Convention On The Civil Aspects Of International Child Abduction: An Analysis Of Its Efficacy, Monica Marie Copertino

Connecticut Journal of International Law

A parental child abduction occurs when the non-custodial parent acts to wrongfully detain or abduct the child in violation of a court custody order.1 Patterns of child abduction indicate that the crime is committed as a way to maintain a full-time relationship with the child post-divorce or to rejuvenate a failed marriage through new lines of communication.' Whatever the reason, child-snatching "disrupts the orderly process whereby the control of children following a divorce is established. This self-help method of resolving custody disputes creates havoc for abducted children as well as suffering for the custodial parent. It frustrates the legal process …

Panel 3: Questions And Answers

Connecticut Journal of International Law

No abstract provided.

The Western Legal Tradition And The Internationalization Of Law, Alice Erh-Soon Tay

Connecticut Journal of International Law

The central contribution of the Western legal tradition to human civilization lies in its deliberate and sustained elevation of rational argument and discourse, of the intellectual resolution of problems and interpretation of rules, as the alternative to arbitrary power and monocratic regulation.

Law aims at coherence of form and of substance, of procedures and principles. Long before it comes anywhere near achieving that aim, it is disturbed by new problems, new demands, and new ways of seeing things that threaten old structures and principles while offering competing and conflicting suggestions for the new. Law puts stress on justice and continuity …

Symposium: Address By Derek Roebuck, Derek Roebuck

Connecticut Journal of International Law

When Herodotus (who wrote circa 450 B.C.) used the word "theory" for the first time, so far as surviving sources show, he meant "seeing." He was talking about Solon going abroad to see the world. Solon had drafted laws for the Athenians, who had sworn to obey them unchanged for ten years, and he feared he would be coerced into making amendments if he stayed in Athens. So he set off on his travels - kata theories - to have a look around