International Law Commons^™

Symposium: The Status Of Women In New Market Economies - April 14-15, 1996, The University Of Connecticut School Of Law Hartford, Connecticut: Commentary, Eileen Silverstein

Connecticut Journal of International Law

Our sisters in the East are justifiably concerned about the effects of gender-specific regulations in the workplaces of market-based economies. The pernicious history of protective legislation in the industrialized countries of the West tells a cautionary tale of restricted opportunities for women in paid employment, whether the restrictions are the product of rude bias, good intentions, or misguided hopes for universally improved conditions developing from gender-specific rules.' The legacy of this history is a healthy skepticism about any gender-based differentiation of employment terms.

We should not, however, automatically regard legal recognition of differences as inevitably harmful for women. Recent experience …

Listening To Women's Voices: Living In Post-Communist Romania, Nicki Negrau

Connecticut Journal of International Law

As the wave of democracy swept across Eastern Europe in 1989, it seemed unlikely that Romania, long a communist stronghold, could resist the promise of freedom and democracy. In December, 1989, the demand for democracy culminated when the Romanians rose up and rejected their iron-fisted ruler, Ceaucescu, in the bloodiest break from communism in Eastern Europe that the world had witnessed. The revolution of 1989 is a milestone for people in Romania, with tremendous emotional and psychological impact. Everyone I met framed their thoughts and comments around the revolution--they discussed life before the revolution and compared it with life after …

Democratization And Women's Employment In Post-Communist Bulgaria, Emily Stoper, Emilia Ianeva

Connecticut Journal of International Law

Like the other former Warsaw Pact nations, Bulgaria overthrew its Communist regime in 1989 and embarked on a course with the hopeful name "democratization." Simultaneously, Bulgaria began marketization; that is, a movement away from a centrally planned economy and toward a market system integrated with the world economy. Both democracy and marketization are among a long series of international trends that have swept across Bulgaria since it gained its independence in 1878 - with an influence that in general has been more nominal than real. Of all the international trends that have shaped post-independence Bulgaria, only Sovietstyle socialism has had …

Women's Rights And Political Economy, Tamara Lothian

Connecticut Journal of International Law

There is a great effervescence in the world today of group politics and group movements. This historical trend creates two characteristic dilemmas. The first dilemma has to do with the problem of incorporation. For a marginal group, the struggle for greater power, privilege or autonomy, typically takes the form of a quest for incorporation into the existing social order. This struggle for incorporation seems to propel the group in an inherently conservative direction. The strategy is conservative both in its attitude toward existing social arrangements and in the distributive consequences which typically follow the struggle for group preferment. Benefits generated …

Russian Women And Women's Rights: A Case Study In Universalist/Cultural Relativist Debate, Elizabeth Messud

Connecticut Journal of International Law

On the eve of the twenty-first century, the doctrine of women's rights is enjoying a long-awaited, hard-won, and much celebrated currency. "Women's rights are human rights;"2 "the human rights of women and the girl child are an inalienable, integral and indivisible part of universal human rights; '3 vast and active telecommunications networks are being established to link the women of the world in their cause of international human rights for women. There is a buoyancy and an excitement which pervades this line of rights-inquiry and rights-discourse. The women's rights movement' is characterised by a dynamism which infuses most of those …

Seeing The Law's Limits: A Westerner Comments On Women And The Disparate Impact Of Violence, Nadine Taub

Connecticut Journal of International Law

We've gathered together, in part at least, because we share a conviction that what laws say matters to women. Having this conviction certainly does not mean we have a simple faith in the notion of rights for women.' But we are likely to see benefits in particular laws for particular womenperhaps the ones who contacted us for help. And, we are also likely see an important role for the law in helping to organize women: The fight for legal rights plays a key role in achieving the changes in consciousness, and the changes in power distribution, that are so crucial …

Republican Principles In International Law, Mortimer Sellers

Connecticut Journal of International Law

Two hundred years ago, in the wake of the modem world's first great republican revolutions in France and the United States, Immanuel Kant endorsed a federation of independent republics as the only valid basis of international law.' Kant's federation echoed the new federal Constitution of the United States, which guaranteed a "republican form of government" to every state in the Union.' Enlightenment scholars supposed that if ever some powerful people could form a republic, republican principles would become the basis of a just world order.3 So republican ideas permeated and inspired the developing jus gentium,4 and several new states emerged …

Connecticut Compendium Of International And Comparative Legal Scholarship

Connecticut Journal of International Law

Welcome to the seventh Connecticut Compendium of International and Comparative Legal Scholarship. The Compendium is a 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 Fall 95 and Summer 96. The issue abstracts, alphabetized by journal name, are set forth herein as they were received, without substantial editing.

Ethnic Groups And The Right To Self-Determination, Jerome Wilson

Connecticut Journal of International Law

Developments in a wide range of the social sciences (such as economics, feminism, racial studies and deconstruction) have strongly affected domestic law in recent years. This paper will argue that international law is not similarly influenced, even by the insights of such closely related disciplines as international relations and international politics. AnneMarie Burley has pointed out that, "[ilf social science has any validity at all, the postulates developed by political scientists concerning patterns and regularities in state behavior must afford a foundation and framework for legal efforts to regulate that behavior."1 By ignoring these postulates, international law is in a …

The New Oppenheim And Its Theory Of International Law, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.

Book Review: Justinian's Digest And The Compilers, Stephen Utz

Connecticut Journal of International Law

DAVID PUGSLEY, JUSTINIAN'S DIGEST AND THE COMPILERS. Faculty of Law, University of Exeter, 1995. 97 pages, £10.

Children's Rights And The Biological Bias: A Comparison Between The United States And Canada In Biological Parent Versus Third-Party Custody Disputes, Erin E. Wynne

Connecticut Journal of International Law

This Comment looks at the haunting notion of children as property. The main objective of this Comment is to identify the origin of this notion and illustrate its misplacement in today's society. This Comment compares the existing "biological bias" that has evolved from the "child as property" notion in the United States with the progressive shift away from these ideas in Canada. Part I of this Comment describes the history of children's rights and child custody before the nineteenth century. Part II then discusses the history of childhood in America, specifically, the origin of the child as property and biological …

Tragedy As A Catalyst For Reform: The American Way?, Laurie M. Mcquade

Connecticut Journal of International Law

This Note will first give a brief history of the involvement of the United States in international aviation regulations. Next, it will discuss the issue of liability against Pan American airlines and its affiliated security team, Alert Management Systems, the company in charge of security at the Frankfurt airport on the day of the disaster.7 This Note then examines the United States' response to this tragedy, and more specifically, the effect this response has had on international air travel safety. While the bombing of Pan Am Flight 103 has led to positive reform in airline safety, the question remains open …

Controlling The Russian Mafia: Russian Legal Confusion And U.S. Jurisdictional Power-Play, Shoshanah V. Asnis

Connecticut Journal of International Law

In Part I, this Comment explores the history of the Russian mob, tracking its transition from disorganized outlaw bands to sophisticated criminal organizations. Part II examines the current debate in the Russian houses of Parliament on how to confront and solve the burgeoning problem the mafia presents to Russia and the world. Part III considers the role the FBI intends to take in controlling the Russian mafia's traffic in nuclear weaponry both in the United States and in Russia. Part IV outlines the statutory jurisdictional problems the FBI is encountering while trying to accomplish its goals. In addition, Part IV …

Quebec's Perspective On Social Aspects And The Broadening Of Free Trade In The Americas, Osvaldo Nunez

Connecticut Journal of International Law

This Article will argue that two attitudes toward continental trade liberalization clashed in Canada when the FTA and North American Free Trade Agreement (NAFTA)5 were debated: the more venturesome view held by Quebec, and the other more hesitant view held by the rest of Canada. Whether Quebec chooses to remain a Canadian province or take on the status of a sovereign state, it will remain an enthusiastic supporter of trade liberalization throughout the continent; Quebec will support such free trade even though some analysts have raised legitimate questions about the challenges that trade liberalization poses, particularly at the social level. …

Fifty Years After Auschwitz: Prosecutions Of Nazi Death Camp Defendants, Matthew Lippman

Connecticut Journal of International Law

January 27, 1995, marked the fiftieth anniversary of the liberation of Auschwitz-Birkenau.' The death and destruction in the Nazi death camps propelled the global community to alter the architecture of international law and to adopt a series of human rights instruments intended to safeguard the rights of individuals.2 The Allied Powers also initiated a series of international and national prosecutions against the staff and administrators of the concentration camps.' The decisions documented the inmates' dystopian existence and developed and discussed various core components of contemporary international criminal law. These precedents have taken on renewed relevance as the global community confronts …

Corporate Crime And Punishment In France: Criminal Responsibility Of Legal Entities (Personnes Morales) Under The New French Criminal Code (Nouveau Code Penal), Leonard Orland, Charles Cachera

Connecticut Journal of International Law

The task of revising France's criminal code began anew in 1978 and was renewed in 1981 under the leadership of Robert Badinter.'0 Badinter was Keeper of the Seals and Minister of Justice under the first socialist government, formed by Pierre Maurois.1 " Mr. Badinter was responsible, in 1981, for the important reform of abolition of capital punishment in France. 2 Badinter sought to "modernize the text [of the criminal code] and to place it under the symbol of human rights." 3 The new code, which emerged from hundreds of hours of debate in seven parliamentary sessions, revises the code of …

Torts And Divorce: A Comparison Of Texas And The Mexican Federal District, Margarita Trevino Balli, David S. Coale

Connecticut Journal of International Law

The indissolubility of marriage is today mainly a religious idea.' In most Western countries it is a thing of the past to believe that when a marriage ceremony takes place it can only be dissolved by the power of God. Through their divorce laws, most countries recognize that a legal marriage can only be as permanent as those involved wish it to be, and most countries allow legal terminations of marriages to permit former spouses to remarry? The legal system provides a procedure for ending marriages that is not available through most religious institutions.' The widespread recognition of legally dissolvable …

Legislative Responses To Hiv/Aids In Africa, Kenneth J. Bartschi

Connecticut Journal of International Law

How should the legal systems of those countries hardest hit by HIV respond to the epidemic, given the enormous challenges these developing nations already face? This Comment attempts to address this complicated question by surveying and analyzing current legislative responses to HIV/AIDS by African nations. To provide the necessary context, Part I briefly describes HIV disease, its modes of transmission, and the various patterns of HIV infection around the world including an examination of conditions in Africa believed to facilitate the spread of the virus in that region. Part II provides the legal context by surveying African legislative responses and …

Nafta's Procedural Narrow-Mindedness: The Panel Review Of Antidumping And Countervailing Duty Determinations Under Chapter Nineteen, Angel R. Oquendo

Connecticut Journal of International Law

At the moment, there is some debate as to whether, and if so how, other Latin American countries should join the free trade group. Chile seems to be already on its way. Argentina, Brazil, and Columbia have expressed strong interest. It is, to be sure, uncertain whether an extension of the Agreement is at all likely in light of the political climate that has developed, particularly in the United States, following this year's financial crisis in Mexico. A more fundamental question, however, is whether an extension would be in the interest of current and potential members. My skepticism regarding any …

The Legal Meaning Of Terrorism For The Military Commander, Louis Rene Beres

Connecticut Journal of International Law

For the military commander, the legal meaning of "terrorism" has become exceedingly broad and obscure. The term is increasingly losing all operational precision since it may cover forms of both guerrilla, or "irregular," warfare' against military targets, and criminal attacks on noncombatant urban populations. As a result, planning and executing counter-terrorism operations could become excessively confused and difficult. To improve these circumstances in a timely fashion, it will be necessary to recognize the centrality of definition. Before U.S. military forces can be expected to cope effectively with terrorism, they must, at a minimum, be able to identify exactly what constitutes …

The Nafta Labor Side Accord In Mexico And Its Repercussions For Workers, Manuel Fuentes Muniz

Connecticut Journal of International Law

The labor laws of Mexico represent an historic conquest for its workers and the trade union movement.' The Mexican Constitution itself guarantees workers' the right of association, the right to organize and bargain collectively, the right to strike, and the eight-hour day.2 The Federal Labor Law (FLL) amplifies the constitutional protections with extended provisions protecting working conditions, health insurance, pen= sions, job descriptions, working schedules, and job security.3 Like the original Wagner Act in the United States, Mexican labor law is tutelary in nature: it is explicitly designed to protect workers against the power of owners and managers.

The historically …

Going Multilateral: The Evolution Of U.S. Hemispheric Labor Rights Policy Under Gsp And Nafta, Lance Compa

Connecticut Journal of International Law

This paper seeks to analyze the evolution of U.S. trade and labor rights policy with respect to unilateralism and multilateralism, using as points of reference the unilateral labor rights provisions of the Generalized System of Preferences, on one hand, and the multilateral approach of the European Union on the other hand. Part I discusses the principal criticisms of the unilateral approach reflected in the statutory regime described above, and offers a defense to those criticisms. Part H looks at the substantial movement of the NAFTA labor side accord and the framework it creates reflecting a multilateral approach to labor rights …

Connecticut Compendium Of International And Comparative Legal Scholarship

Connecticut Journal of International Law

Welcome to the sixth Connecticut Compendium of International and Comparative Legal Scholarship. The Compendium is a 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 Fall 1994 and Summer 1995. The issue abstracts, alphabetized by journal name, are set forth herein as they were received, without substantial editing.

Rethinking Discriminatory State Taxation Under The Foreign Commerce Clause: Kraft General Foods, Inc. V. Iowa Department Of Revenue And Finance, Leigh A. Newman

Connecticut Journal of International Law

For over a hundred years, judges have relied on the maxim that hard cases make bad law.' Justice Blackmun suggested that there is "an equally valid proposition that easy cases make bad law. Sometimes, the intuitively sensed obviousness of a case induces a rush to judgment, in which a convenient rationale is too readily embraced .... The United States Supreme Court's decision in Kraft General Foods, Inc. v. Iowa Department of Revenue and Finance3 exemplifies this proposition.4 The Court struck down a provision of the Iowa corporate tax code which seemed to be discriminatory on its face, but in fact …

The Future Of Free Trade In The Americas, Ruperto Patino Manffer

Connecticut Journal of International Law

Before expressing my personal opinions regarding the future of free trade in the Americas, permit me to recall and share with you a recent event which, in the opinion of practically all the observers and experts in this area, can be considered the most important, transcendent event for the future of the American Hemisphere including, of course, free trade and economic integration. I refer obviously to the Summit of the Americas, held this past December in Miami, Florida. The results, accords, and agreements of the Summit cannot be ignored in this symposium entitled "NAFTA at Age One: A Blueprint for …

Naalc In The Eyes Of The Beholder, David M. Helfeld

Connecticut Journal of International Law

My assignment is to comment on the five papers presented on the Labor Side Agreement.1 Part II of this essay focuses on the North American Agreement on Labor Cooperation (NAALC),2 as presented and analyzed by the five participants. Attention is also paid to the panelists' coverage of such broader themes as the relationship between the North American Free Trade Agreement (NAFTA),3 and NAALC, to past and future free trade developments, and to the linkage between promoting free trade areas and fostering worker rights and standards, but only where necessary to the evaluation of NAALC itself and to its possible future …

Reynolds V. International Amateur Athletic Federation: The Need For An Independent Tribunal In International Athletic Disputes, David B. Mack

Connecticut Journal of International Law

Harry "Butch" Reynolds, Jr. is a prominent American track and field athlete who currently holds the individual world record in the 400 meter dash.' Despite his accomplishments, Reynolds' more recent involvement in international amateur athletics has been in the courtrooms. In 1990, following a meet in Monaco, Monte Carlo, Reynolds was suspended by the International Amateur Athletic Federation (IAAF), the world governing body for track and field, after his urine sample tested positive for steroids. What transpired over the next four years was a vicious legal battle between an athlete determined to clear his name and compete, and an international …

Can Mercosur Accede To Nafta? A Legal Perspective, Ana Maria De Aguinis

Connecticut Journal of International Law

This article considers whether the Mercado Comiin del Sur (MERCOSUR, made up of Argentina, Brazil, Paraguay, and Uruguay) can join the North American Free Trade Agreement (NAFTA). This will be done from a predominately legal focus, and from the perspective of MERCOSUR. Part I contains a description of MERCOSUR, including the current state of progress and evaluation. Part II considers relations between MERCOSUR and ALADI with a view toward insertion into NAFTA and other regional integration plans. Part III draws comparisons between MERCOSUR and NAFTA from both a legal perspective and an economic one. Part IV looks at the possibilities …

Nafta One Year Later: Are The Cups Half Empty Or Half Full?, Roberto P. Aponte-Toro

Connecticut Journal of International Law

n January 1, 1994, after intense and fractious debates, the North American Free Trade Agreement (NAFTA) finally went into effect.' By the end of that year, President Clinton, presiding over what many considered the high point of his presidential career to date, had already convened a Latin American Summit Conference in Miami. That conference approved a blueprint for further steps in trade liberalization in the re2 gion. At least outwardly, free trade seemed to be enjoying excellent health. Trade liberalization was making a relatively swift entrance into the lifeblood of the continent. Those were clear, blue sky days over the …