International Law Commons^™

Telecommunications Competition In The European Union After France V. Commission - The Terminal Equipment Case, Amy Lin

Connecticut Journal of International Law

In 1989, the Commission passed the Telecommunications Terminal Equipment Directive that required the withdrawal of exclusive and special rights given to certain undertakings in an attempt to introduce more competition into the European telecommunications market. This Note examines the status of telecommunications competition after the ECJ decided the telecommunications terminal equipment case, France v. Commission," in March of 1991. First, the Note looks at the national efforts of each of the twelve Member States to open their borders to telecommunications competition. Next, it describes EU efforts to support telecommunications competition in the Common Market. Third, the Note determines the positions …

Connecticut Compendium Of International And Comparative Legal Scholarship

Connecticut Journal of International Law

Welcome to the fifth Connecticut Compendium. 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 September 1993 and May 1994. The issue abstracts, alphabetized by journal name, are set forth herein as they were received, without substantial editing.

The Restoration Of The South African Citizenship Act: An Exercise In Statutory Obfuscation, Bentley J. Anderson

Connecticut Journal of International Law

Over the past two years, much of the world's attention has been drawn to events taking place in South Africa. High profile political prisoners, including Nelson Mandela and Walter Sisulu, have been released unconditionally.' The African National Congress ("ANC") and the South African Communist Party ("SACP"), to Europeans and Americans the most recognized standard-bearers of resistance to apartheid, were removed from the list of banned organizations, and members of both groups returned to their homeland from exile.' Additionally, the ruling National Party, which has governed the country since 1948, announced its intention to abandon white minority rule and has participated …

Class, National Character, And The Bar Reforms In Britain: Will There Always Be An England?, Maimon Schwarzschild

Connecticut Journal of International Law

The English legal professions, and the English legal system generally, hold a perennial fascination for American legal observers, understandably enough considering America's common law roots. Americans often compare their own legal folkways unfavorably to the English way of doing things.1 This is especially true whenever there is widespread dissatisfaction with lawyers and with the legal system in America.2 Less frequently, some aspect of the English system is held up as a cautionary warning to Americans.

Yet, although England is an obvious recourse for legal comparisons, the English legal world is also a "distant mirror" for Americans: remote as well as …

Hamburgers Abroad: Cultural Variations Affecting Franchising Abroad, Michael Wallace Gordon

Connecticut Journal of International Law

You are the beneficiaries of an institution which once drew people into its world to expand their focus spiritually. It now houses an institution which draws people into its world to expand their focus in what ought to be many dimensions. At least that is our attempt as faculty. I hope that my brief comments will expand your focus in one small area. That is the importance of understanding other cultures in being an international lawyer.

While I have titled these remarks "Hamburgers Abroad," my intention is to explore with you some of the problems we encounter as lawyers in …

Trademarks And The Common Control Exception: A Study In Confusion: Lever Bros. Co. V. United States, James J. Flaherty Jr.

Connecticut Journal of International Law

Everyone loves a bargain. In a free market economy, it is the mecca for the serious shopper. Finding a sought after item at a price below the competition is, to some, like finding the holy grail. In the United States, bargain hunting is serious business and where there is a demand, you can bet there will be a supply to follow. But when is a bargain not a bargain? For many consumers it is an experience with the gray market.' The gray market involves the sale or import of genuine trademarked goods outside the intended distribution channels.' These goods are …

The Internationalization Of Children's Human Rights: Too Radical For American Adolescents?, Roger J.R. Levesque

Connecticut Journal of International Law

The largest gathering ever of heads of state met in New York in 1990, at the World Summit for Children.1 They met with the ambitious goal of galvanizing support for the United Nations Convention on the Rights of the Child (Convention) 2 and affirming their commitment to the world's children. 3 The Summit and Convention were quickly declared successes: the life chances of the world's children markedly improved4 and a record number of Nation States quickly became signatories to the Convention.

The United States, however, could hardly claim any success. 6 When it comes to children, the United States continues …

Conflicts In International Merger Enforcement: The Proposed De Havilland Merger, Jennifer Antognini-O'Neill

Connecticut Journal of International Law

The world markets of today face increasing globalization. As business transactions continue to cross national borders, they will become subject to further government regulation. This is true particularly in the area of mergers.

Parties to an international merger may be forced to comply with multiple merger requirements and investigations. When multiple merger authorities assert jurisdiction, not only do the parties face heavy procedural burdens, but also a danger of direct conflict among different governments' policies and decisions regarding the proposed transaction. The consequence could ultimately be a proposed merger approved by one merger authority, yet found impermissible by another.

This …

United States Arms Exports To Taiwan Under The Taiwan Relations Act: The Failed Role Of Law In United States Foreign Relations, Colin P.A. Jones

Connecticut Journal of International Law

On September 2, 1992 President George Bush announced that his Administration would approve the sale of 150 F-16 advanced jet fighters to Taiwan, the Republic of China (ROC).1 Coming at the peak of the 1992 presidential election, the President clearly intended the announcement to garner votes. Without the sales, F-16 production facilities in several states would have shut down, resulting in the loss of thousands of jobs.' Whatever its motivation, however, this was not merely a decision that affected jobs or the Presidential election; it represented a drastic change in a policy towards Taiwan and the People's Republic of China …

Drawing Circles In The Sand: Extraterritoriality In Civil Rights Legislation After Aramco And The Civil Rights Act Of 1991, Linda Maher

Connecticut Journal of International Law

Today transnational markets and employment are reaching new heights, and international lawyers are faced with unprecedented challenges in international conflicts of laws.1 The domestic growth of foreign investment has heightened concerns about the applicability of domestic employment laws to United States employees of foreign corporations doing business in the United States, as well as for United States employees of domestic corporations operating overseas.

The United States Equal Employment Opportunity Commission (EEOC) 3 enforces civil rights laws prohibiting discrimination in employment based on race, color, religion, sex, national origin, age, and physical and mental disabilities.' The EEOC had been applying Title …

Comment: The Ker-Frisbie-Alvarez Doctrine: International Law, Due Process, And United States Sponsored Kidnapping Of Foreign Nationals Abroad, Royal J. Stark

Connecticut Journal of International Law

On June 15, 1992 the United States Supreme Court, in United States v. Alvarez-Machain,6 stamped its imprimatur on the forcible abduction by the federal government of foreign nationals wanted for trial in the United States for crimes allegedly committed against the United States in another country. Alvarez-Machain overturned a decision of the Ninth Circuit Court of Appeals7 which had upheld the dismissal of federal criminal charges against Dr. Humberto Alvarez-Machain, a Mexican national who had been kidnapped from his medical office in Mexico by agents of the United States government and brought to the United States to stand trial on …

Promoting Economic Growth And Environmental Protection: The Institute For Sustainable Development, Mark Mininberg, Diane Bellantoni, Iveta Hodkova

Connecticut Journal of International Law

Hostilities may have ended, but the arms race produced by the Cold War has left an enduring legacy on both sides of the Atlantic. In the United States, certain transnational corporations which had relied heavily on defense contracts are now faced with reduced revenues and must diversify former military technology to civilian uses to stay competitive in the world market. In Central and Eastern Europe and the Commonwealth of Independent States (CIS), defense diversification is only part of the story. In addition to converting from military to civilian production, industrial facilities in the region must also make the leap from …

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 …

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

Connecticut Journal of International Law

This is the last formal presentation in what I think has been a very successful series of papers. I would like to begin by simply saying what so many of our visitors have said before, how grateful we are to all of our friends at Ebtv~is Lordnd University for helping to organize such a successful Conference. All of us from Connecticut have enjoyed working on the Conference as it has been developing over this year. We certainly enjoy being here in Budapest and greatly appreciate your hospitality. We are very much in your debt for everything that you have done. …

International Human Rights In The European Community And In The Nations Of Central And Eastern Europe: An Overview, Henricus G. Schermers

Connecticut Journal of International Law

Every Member State of the Council of Europe must adapt its legislation in order to comply with the requirements of the European Convention on Human Rights. In the early years, the adaptation was reasonably simple as the Convention only broadly indicated the human rights to be respected. Over the years, however, the European Court of Human Rights has refined the Convention into far greater detail which means that the Convention implies ever more detailed rules and therefore requires ever more adaptation of the Member States.

One of the purposes of the Budapest Seminar is to study problems with which new …

The Evolution Of Human Rights Law In Central And Eastern Europe: One Jurist's Response To The Distinguished Panelists, Geza Herczegh

Connecticut Journal of International Law

It is well known that in 1989 a new period began in the history of Eastern-Central Europe, a period of change and development, and that the Constitutional Courts play a very important role in this political and legal development.

I said Eastern-Central Europe because, at least in my opinion, Poland, Bohemia (the Czech Republic), Slovakia and of course Hungary are parts of Central and not of Eastern Europe. The crucial issue however, is not the geographical denomination, but the trend of development of those States that would be useful for we, citizens of a new democracy and for you, coming …

Freedom Of Speech In The Time Of Transition, Gabor Kardos

Connecticut Journal of International Law

Disturbance of the peaceful relationships among nations, subversive agitation against the democratic republic, affront to community, spreading rumor, insulting authority or official persons, agitation against the law or official orders; at one time or another, all of these actions have been considered crimes in Hungary. As Hungary continues to make its transition to democracy and is beginning to safeguard traditional democratic principles such as freedom of speech, many of these laws have been reformulated, reinterpreted, or even discarded. However, civil rights problems still exist in Hungary both in law and in practice. While the Hungarian legal system has certainly made …

Connecticut Compendium Of International And Comparative Legal Scholarship

Connecticut Journal of International Law

Welcome to the fourth 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 March 1992 and September 1992. These abstracts, alphabetized by journal name are set forth herein as they were received, without substantial editing.

Mandatory Implementation Of The Hague Convention On International Child Abduction: An Open Letter To President William Clinton, Raymond R. Norko

Connecticut Journal of International Law

EDITOR'S NOTE: The following is an open letter to President Clinton from the Honorable Raymond R. Norko, of the Family Division of Hartford Superior Court.

The European Convention On Human Rights And The Protection Of Minorities Under International Law, Andras B. Baka

Connecticut Journal of International Law

The need for protection of religious, racial, ethnic, and other minorities under internal (or constitutional) and international laws has perhaps never been as timely as it is now. While the minority question is one of global dimensions, this assertion is borne out by a mere glance at the grave tensions in, and the varied ethnic landscape of, present-day Europe. However, particularly if one considers the countless types of ethnicity, the minority problem has long been either attendant upon or central to the European processes. It is a recurring phenomenon presenting a need for a solution to the societal concerns it …

The Lugano Convention And Western Europe Integration: A Comparative Analysis Of Jurisdiction And Judgment In Europe And The United States, John Fitzpatrick

Connecticut Journal of International Law

Western European economic unification is imminent. The official implementation of the Single Market on January 1, 1993 is demonstrative of the continuing progression towards integration. Despite the uncertain fate of political, social and monetary union within the European Community (EC), 1 the coalescence of the economic systems of the Western European nations is expanding at a rapid pace, as evidenced by the recent creation of the European Economic Area (EEA). The legal systems of the Western European states have been harmonized in parallel to facilitate the increase in economic cooperation.2 This trend towards legal harmonization is exemplified by the extension …

Operation Provide Comfort: A Perspective In International Law, Michael E. Harrington

Connecticut Journal of International Law

Principles of international law frequently conflict and are invoked in direct opposition to one another. The Kurdish relief effort in the spring of 1991, and the current American humanitarian aid mission to the African state of Somalia, are examples of the conflicting principles of humanitarian intervention and nonintervention. Humanitarian intervention is an emotional concept which is usually undertaken as a moral duty. Humanitarian intervention is defined as "intervention (in the narrow sense of coercive interference in the internal affairs of another state) in order to remedy mass and flagrant violations of the basic human rights of foreign nationals by their …

The European Convention On Human Rights And The Authority Of Law, Richard S. Kay

Connecticut Journal of International Law

By almost all accounts, the system of international law established by the European Convention on Human Rights has been successful to a degree unimaginable when the Convention was signed in 1950. The European Court of Human Rights now routinely issues judgments finding the states party to the Convention to have defaulted in their obligations under it. Those judgments, sometimes touching on difficult and controversial issues that might have been thought to lie at the center of state sovereignty, are, almost equally routinely, honored by the respondent states who both pay the compensation ordered by the Court and also adjust their …

Ins V. Canas-Segovia: Keeping Politics In And Refugees Out, Kerry Elizabeth Knobelsdorff

Connecticut Journal of International Law

After five years of waiting and arguing for religious asylum in front of American immigration officials and federal judges, two Jehovah's Witness from El Salvador finally found relief: Oscar Canas-Segovia married a U.S. citizen, receiving conditional residence status, and returned to El Salvador to receive his immigrant visa; Jose Canas-Segovia was awarded asylum based on the theory of imputed political opinion.' Their basic claim - that their refusal to comply with El Salvador's mandatory military draft, which does not exempt conscientious objectors, would result in their imprisonment or torture, thus entitling them to protection from religious persecution under the Immigration …

Economic And Environmental Regulatory Relations: United States - Canada Free-Trade In Energy, Alexander J. Black

Connecticut Journal of International Law

Commercially, North America is close to having a single unified gas market. Yet, in political and regulatory terms, there is no "North American Gas Policy." Instead, federal, provincial, and state regulatory decisions continue to be made independently of each other, which impacts negatively upon Canadian imports into the United States as well as on the hitherto unrealized potential for United States' exports into Canada. Decisional consistency and rationality on a common grid is therefore desirable among regulatory regimes in all jurisdictions. However, the commercial realities of a North American gas market, and by implication, other world markets, require "knowledge about …

Law And Society In Far-Away Connecticut, Wesley W. Horton

Connecticut Journal of International Law

I suspect when Hungarians study American law and society, they do what most Americans do: they study the history of the national government, and when they say "The Supreme Court" they mean "The United States Supreme Court." 1, however, am not like most Americans: 1 am more interested in what happened in Hartford in 1818 than I am in what happened in Washington in 1992, and when I say "The Supreme Court" I mean "The Connecticut Supreme Court" because my primary legal focus is Connecticut rather than the United States. My point is that when Europeans speak of an American …

Law As A System Of Professional Institutions, Bela Pokol

Connecticut Journal of International Law

In this paper, I attempt to analyze two subjects. First, I tried to suggest some corrections to the sociological system theory of German sociologist Niklas Luhmann, and to outline a modified version of Luhmann's theoretical position, which is my concept of the systems of professional institutions. Second, 1 tried to apply this comprehensive concept to the legal system of society.

I then would like to chart the place law takes in modern societies, its nature as a confined system and its adaptation from the point of view of a comprehensive social theory, departing from the category and distinctions of modern …

Land Protection, Property Rights And Environmental Preferences (Land Use Control And Land Development, Mihaly Kurucz

Connecticut Journal of International Law

Land possesses specific characteristics including the fact that it is not a product of human work, it is finite, and it cannot be replaced. Land also possesses several other natural properties which are partly intrinsic (e.g., type of soil, topographic conditions, etc.), partly the result of climactic or other physical effects, or due to historical evolution (e.g., proximity of communities, transportation or communication facilities). In addition, an important aspect of land in all states is how its ownership is regulated and restricted by law.

The. main traditional economic uses of land are agriculture and forestry; nevertheless, newcomers in industry, transportation, …

The Right To Environment In Theory And Practice: The Hungarian Experience, Gyula Bandi

Connecticut Journal of International Law

The environmental degradation in the Central and Eastern European (CEE) region is adversely affecting the quality of life of its inhabitants. The extent of this environmental decay compels discussion of environmental issues in the context of any discussion of human rights. The improvement of human rights in the region is directly related to environmental policy and law. Today, the implementation of the right to an environment serves as a pre-condition to the well-being of the people who live in that region. The implementation of a protected environment has not been effective, however, and one sometimes has the feeling that there …

Human Rights Treaties And The New Constitution, Dalibor Jilek

Connecticut Journal of International Law

Within the somewhat discontinuous development of the Czechoslovak constitutional order, the absence of a general statute governing the relationship between international and domestic law has persisted. The tradition has continued although the constitutions have been changed in reaction to social convulsions. Rudiments of the tradition can be found as early as the Constitutional Charter of the Czechoslovak Republic of February 29, 1920, which contained no statutes on methods of transforming international obligations into domestic law.