Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative and Foreign Law (69)
- Criminal Law (27)
- International Trade Law (27)
- Constitutional Law (20)
- Human Rights Law (20)
-
- Military, War, and Peace (20)
- Legal Education (14)
- Banking and Finance Law (12)
- Antitrust and Trade Regulation (11)
- Environmental Law (11)
- Legal Ethics and Professional Responsibility (11)
- Transnational Law (11)
- Intellectual Property Law (6)
- Tax Law (6)
- Entertainment, Arts, and Sports Law (5)
- Immigration Law (5)
- Health Law and Policy (4)
- Labor and Employment Law (4)
- Law and Gender (4)
- Law of the Sea (4)
- Family Law (3)
- Business Organizations Law (2)
- Contracts (2)
- International Humanitarian Law (2)
- Legal History (2)
- Religion Law (2)
- Taxation-Transnational (2)
- Administrative Law (1)
- Keyword
-
- International trade (17)
- Antitrust (10)
- Human rights (10)
- Foreign investment (6)
- GATT (4)
-
- International law (4)
- Tax (4)
- Transnational law (4)
- Copyright (3)
- Forum shopping (3)
- International sales (3)
- Nuclear weapons (3)
- Trade (3)
- German administrative law (2)
- Immigration (2)
- International court of justice (2)
- Japan (2)
- Jurisdiction (2)
- New Zealand (2)
- Soviet Union (2)
- Terrorism (2)
- Torture (2)
- United Kingdom (2)
- United Nations (2)
- ADR (1)
- ANZUS Treaty (1)
- African famine (1)
- Air pollution (1)
- Airplanes (1)
- Alien Tort Claims Act (1)
- Publication Year
Articles 271 - 300 of 392
Full-Text Articles in International Law
Terrorism In National And International Law, Caleb M. Pilgrim
Terrorism In National And International Law, Caleb M. Pilgrim
Penn State International Law Review (1982 - 2011)
Efforts at regulating terrorism so far illustrate one central fact: the lack of balance between our conception of terrorism as applied by the individual practitioner and our conception of terrorism as practiced by government officials. The balance seems weighted in favor of governments even in those pathological cases where the patients had been rather unceremoniously treated for their allergies to dictatorship. Government in some cases control, in others influence, the sources of information concerned with national security. Stigmatization of sometime legitimate resistance - labeling it as "terrorist" - deprived such protests of legitimacy and protection. The people in power, the …
Autocephalous Greek Orthodox Church Of Cyprus V. Goldberg And Feldman Fine Arts, Inc.: A Case For The Use Of Civil Remedies In Effecting The Return Of Stolen Art, Meredith Van Pelt
Autocephalous Greek Orthodox Church Of Cyprus V. Goldberg And Feldman Fine Arts, Inc.: A Case For The Use Of Civil Remedies In Effecting The Return Of Stolen Art, Meredith Van Pelt
Penn State International Law Review (1982 - 2011)
This Comment will explore the remedies currently available to foreign countries and to individuals who have discovered that works stolen from them are in the possession of American museums, art dealers, and private individuals. It will also explain why, in light of the recent decision of Autocephalous v. Goldberg, civil sanctions are the best means to effect the return of stolen art as well as to help deter future buyers of stolen art, thus shrinking the stolen art market.
Italian And American Cooperative Efforts To Reduce Heroin Trafficking: A Role Model For The United States And Drug- Supplying Foreign Nations, Theresa M. Catino
Italian And American Cooperative Efforts To Reduce Heroin Trafficking: A Role Model For The United States And Drug- Supplying Foreign Nations, Theresa M. Catino
Penn State International Law Review (1982 - 2011)
The purpose of this Comment is to examine the role of the Sicilian Mafia in transporting heroin to the United States as well as to evaluate the combined efforts of the American and Italian governments in their attempt to end the heroin problem. Section II will explore the background of the Mafia heroin shipments to the United States, including the Mafia's method of transporting heroin into America and the impact of trafficking such large amounts of heroin. Section III will examine the cooperative programs such as delegations and the bilateral treaty between Italy and the United States, and will evaluate …
Small Automobiles Causing Large Air Pollution Problems On A Global Basis: The European Economic Community Can Learn And Live From United States Legislation, Christopher E. Mohney
Small Automobiles Causing Large Air Pollution Problems On A Global Basis: The European Economic Community Can Learn And Live From United States Legislation, Christopher E. Mohney
Penn State International Law Review (1982 - 2011)
This Comment will first examine current United States policy, standards, and regulation of the emissions dispelled by moving vehicles. Second, an introduction to the European Economic Community (EEC) standard will be set forth, followed by a brief discussion on legislative harmonization within the EEC. An analysis of the existing policy for the regulation of vehicle emissions within the Community will also be presented. Finally, since the proposed integration of the EEC is a key step on the way to creation of a "United States of Europe," the United States and EEC policies will be comparatively examined.
The Right Of Civil Resistance Under International Law And The Domestic Necessity Defense, Matthew Lippman
The Right Of Civil Resistance Under International Law And The Domestic Necessity Defense, Matthew Lippman
Penn State International Law Review (1982 - 2011)
The essay argues that the international community should recognize a right of nonviolent resistance for those engaged in limited, proportionate actions in defense of fundamental human rights. Such individuals are acting in the nature of private attorneys general who are vindicating the inherent and inalienable international human rights of all individuals in those instances in which the international community has been unwilling or unable to institute democratic reforms.
The Effect Of The Tiananmen Square Massacre Upon Negotiations For The Draft Basic Law Of The Hong Kong Special Administrative Region, Wendy Dullea Bowie
The Effect Of The Tiananmen Square Massacre Upon Negotiations For The Draft Basic Law Of The Hong Kong Special Administrative Region, Wendy Dullea Bowie
Penn State International Law Review (1982 - 2011)
This Comment will examine the effect of the massacre and the Chinese government's subsequent actions upon the negotiation of certain provisions of Hong Kong's future laws. Section II will examine the massacre, China's subsequent denial of any massacre, and Hong Kong's reaction to those events. Section III will discuss Great Britain's acquisition of Hong Kong, and the China-Britain agreement regarding Hong Kong. Section IV will compare provisions for the protection of human and individual rights contained within the Constitution of the People's Republic of China (PRC Constitution), the China-Britain Joint Declaration, (Joint Declaration) and the Draft Basic Law (DBL) which …
The Jurisprudence Of Constitutional Law: The Philosophical Origins And Differences Between The Western Liberal And Soviet Communist State Law, Ziyad Motala
Penn State International Law Review (1982 - 2011)
This article will examine the philosophical notions of a constitution and a state system from a historical perspective. It will highlight the different philosophical bases of state law and the purpose the constitution is meant to serve under the two divergent orders. The approach will be descriptive and comparative. The purpose of this work is not (in the words of Christopher Osakwe) to pass off a political opinion about the desirability of one or the other legal systems. Instead, the essential focus will be to examine the jurisprudence underlying the constitutional systems, and the different uses that constitutions perform in …
Exemptions Of Contract Liability Under The 1980 United Nations Convention, Wanki Lee
Exemptions Of Contract Liability Under The 1980 United Nations Convention, Wanki Lee
Penn State International Law Review (1982 - 2011)
This article will primarily discuss the United Nations Sales Convention. In interpreting the Convention, the central problem is to what extent Article 79 of the Convention will apply to the various cases. Does it apply only to cases of "force majeure" or "impossibility," i.e., cases in which there is a barrier that prevents performance or makes it impracticable? Or does it apply to cases of "frustration" or "imprévision," i.e., cases in which there is no barrier but the circumstances are radically changed because of a contingency contrary to the basic assumption on which the contract was made? Even if Article …
The Development Of International Law By The European Court Of Human Rights, By J.G. Merrills, Ranee K.L. Panjabi
The Development Of International Law By The European Court Of Human Rights, By J.G. Merrills, Ranee K.L. Panjabi
Penn State International Law Review (1982 - 2011)
No abstract provided.
Volume 8 - Number 3: Table Of Contents
Volume 8 - Number 3: Table Of Contents
Penn State International Law Review (1982 - 2011)
No abstract provided.
Measuring Up: Do The Palestinian Homelands Constitute A Valid State Under International Law?, James D. Howley
Measuring Up: Do The Palestinian Homelands Constitute A Valid State Under International Law?, James D. Howley
Penn State International Law Review (1982 - 2011)
This Note concludes that the Palestinian Homelands possess the necessary qualifications for statehood. Furthermore, recognition is a declaratory act, unnecessary to bring a state into existence. In view of these facts, this Note asserts that the Palestinian Homelands constitute a state under international law.
Berne-Ing The Soviet Copyright Codes: Will The U.S.S.R. Alter Its Copyright Laws To Comply With The Berne Convention?, William Scott Goldman
Berne-Ing The Soviet Copyright Codes: Will The U.S.S.R. Alter Its Copyright Laws To Comply With The Berne Convention?, William Scott Goldman
Penn State International Law Review (1982 - 2011)
What changes need to be made in the Soviet copyright codes in order to bring them into compliance with the provisions of Berne? And is it likely that these changes will be accomplished in the near future? This comment will attempt to answer these questions. While these issues have already been addressed in regard to the United States, nothing similar has yet been attempted for the Soviet Union. In light of the U.S.S.R.'s announcement of its intent to accede to the Berne Convention, this analysis is now more timely than ever.
Volume 7 - Number 3: Table Of Contents
Volume 7 - Number 3: Table Of Contents
Penn State International Law Review (1982 - 2011)
No abstract provided.
Index Of Authors
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Dust Of Life: The Legal And Political Ramifications Of The Continuing Vietnamese Amerasian Problem, Ernest C. Robear
The Dust Of Life: The Legal And Political Ramifications Of The Continuing Vietnamese Amerasian Problem, Ernest C. Robear
Penn State International Law Review (1982 - 2011)
Vietnamese disparagingly refer to them as bui doi. Americans refer to them as persons "of particular humanitarian concern to the United States." In both cases the reference is to Amerasians, the children and young adults of mixed American/Asian parentage. For the purpose of this Comment, an Amerasian may be defined as one whose mother is Asian and whose father is American. Since the last United States forces pulled out of Vietnam on April 30, 1975, these Amerasians have been caught up in a bureaucratic tug-of-war between Washington and Hanoi. Despite positive legislation, the problems faced by Vietnamese Amerasians still …
Socialized Medicine: An Analysis Of Bureaucratic Inefficiency, John J. Moran
Socialized Medicine: An Analysis Of Bureaucratic Inefficiency, John J. Moran
Penn State International Law Review (1982 - 2011)
In analyzing the health care systems of Great Britain and Canada, this Comment examines the policies and reasons behind the passing of legislation which led to the advent of socialized medicine in these two nations. In addition, a discussion of the operation of these socialized health systems illustrates the turmoil and complexity associated with government medicine, and the need for subsequent legislative reforms. As this Comment reveals, these socialized systems, where overriding political objectives create further misallocation of resources and decreased quality of care, fail to provide a viable solution to American health concerns. Instead, reforms should be undertaken within …
An American Perspective On The European Commission's "Amended Proposal For A Council Regulation On The Control Of Concentrations Between Undertakings" And Its Impact On Hostile Tender Offers, Jeffrey P. Greenbaum
An American Perspective On The European Commission's "Amended Proposal For A Council Regulation On The Control Of Concentrations Between Undertakings" And Its Impact On Hostile Tender Offers, Jeffrey P. Greenbaum
Penn State International Law Review (1982 - 2011)
The Amended Proposal for a Council Regulation on the Control of Concentrations Between Undertakings is a European measure in preparation for the unified internal market in 1992. The aim of the proposal is to regulate corporate reorganizations, mergers, and acquisitions resulting from the additional competition likely to emerge from the unified market. This article provides a thorough analysis of the Proposal's intended application in comparison to the American Hart-Scott-Rodino Antitrust Improvements Act and its potential effectiveness and shortcomings.
Shari'a Law In The Sudan: Why It Does Not Work Under The Sudanese Constitutions Of 1973 And 1985, Steven C. Sherman
Shari'a Law In The Sudan: Why It Does Not Work Under The Sudanese Constitutions Of 1973 And 1985, Steven C. Sherman
Penn State International Law Review (1982 - 2011)
Can Islamic Law co-exist with a democratic constitution? Currently, in Sudan, such a co-existence is not possible. This comment analyzes some of the conflicts between the Shari'a Law of Islam and the Sudanese Constitutions of 1973 and 1985. Through this analysis, the author suggests reasons for the incompatibility of Islamic law and the Sudanese constitutions.
Countervailing Subsidization: Another Missile In The Trade Law Arsenal?, Francois E.J. Tougas
Countervailing Subsidization: Another Missile In The Trade Law Arsenal?, Francois E.J. Tougas
Penn State International Law Review (1982 - 2011)
This article concentrates on the findings of the Canadian Import Tribunal (CIT, predecessor to the Canadian International Trade Tribunal) in their report entitled, Subsidized Grain Corn from the United States of America. To understand the nature of the problem with which the CIT dealt, it will be necessary to look at some of the background and peculiarities of the regulation of international trade in commodities. After a brief discussion of international and comparative discipline in the area of trade impact, of which material injury is a part, Canadian case law will be examined in order to establish trends in …
Saving Grace Or Saving Face: The Roman Catholic Church And Human Rights, John A. Onorato
Saving Grace Or Saving Face: The Roman Catholic Church And Human Rights, John A. Onorato
Penn State International Law Review (1982 - 2011)
The first part of this Comment examines the structure and organization of the Roman Catholic Church, the means of papal diplomacy, and the Vatican's participation in international organizations. Special attention is focused on the Code of Canon Law, the Lateran Agreements, and other important documents. The second part of this Comment examines the role the Church plays as a protector of human rights. This focuses on the Church's actions and recent history in two nations, Chile and Poland, and examines the effects of papal visits to these countries and the publication of papal encyclicals dealing with human rights.
The Hamiltonian Paradigm And The International Securities Market: Reversing American Industry's Relative Decline In The Twenty-First Century, Bernard M. Rethore
The Hamiltonian Paradigm And The International Securities Market: Reversing American Industry's Relative Decline In The Twenty-First Century, Bernard M. Rethore
Penn State International Law Review (1982 - 2011)
This article discusses the eighteenth century understanding of the subtle equilibrium between polity, economy, and government; the deleterious effect of the laissez-faire heterodoxy that entrenched itself during the nineteenth century; and, the adverse reaction that occurred in the twentieth century. In turn, this article shifts its inquiry toward the internationalization of world financial markets as a guide for how United States industry can reclaim its patrimony: by encouraging a re-adoption of the eighteenth century model of the proper balance between government and commerce. Finally, using the example provided by the move toward an international financial market, this article concludes that …
U.S. Perspectives Of Worldwide Unitary Taxation, Massimo Agostini
U.S. Perspectives Of Worldwide Unitary Taxation, Massimo Agostini
Penn State International Law Review (1982 - 2011)
Presently, American states have the ability to impose taxes on multinational corporations doing business in their respective states. The extent of this imposition is vaguely regulated by federal tax law. In the Container decision, the Supreme Court addressed the need for uniformity of state taxation of foreign corporations. The Court's decision, however, was not well accepted overseas. This article examines the various methods of taxation employed by individual states and the resulting international difficulties of this diversity. Through a discussion of California legislation, which provides a solution, as well as protects domestic and foreign interests, these difficulties are addressed.
The New Frontiers Of Copyright: Enforceable Rights In The Space Age, James O. Moermond Iii
The New Frontiers Of Copyright: Enforceable Rights In The Space Age, James O. Moermond Iii
Penn State International Law Review (1982 - 2011)
The traditional concepts of copyright law are becoming inadequate to protect the interests of creators in today's global society. The reasons for such inadequacies stem from the emergence of satellite technology and a growing lack of consensus between copyright authors, publishers, and the general public, as to how the property interests should be compensated and enforced. This article is intended to form a foundation for meaningful discussion involving the reformation of the current basis of international copyright protection.
Arrest First, Ask Questions Later: The Japanese Police Detention System, Christopher James Neumann
Arrest First, Ask Questions Later: The Japanese Police Detention System, Christopher James Neumann
Penn State International Law Review (1982 - 2011)
The Japanese police detention system enables police and prosecutors to detain criminal suspects for up to twenty-three days without a formal charge, thus posing numerous human rights problems. This comment concentrates on the Covenant on Civil and Political Rights which provides a means for identifying the human rights abuses occurring under the Japanese police detention system, as well as a method for rectifying such abuses.
International Advertising: Regulatory Pitfalls For The Unwary Marketer, Peter L. Tracey
International Advertising: Regulatory Pitfalls For The Unwary Marketer, Peter L. Tracey
Penn State International Law Review (1982 - 2011)
International Advertising has opened new vistas of opportunity for many businesses. The decision to sell ·across national boundaries, however, means that the marketer must carefully research the advertising customs and regulations of the target market. Failure to tailor a marketing campaign to local requirements may spell disaster for an otherwise viable product.
The Future Monitoring Role Of Gatt In An International Arena Of Non-Tariff Barriers: A Proposal From A Law And Economics Perspective, Andrew C. Blanar, Jean-Louis L. Arcand
The Future Monitoring Role Of Gatt In An International Arena Of Non-Tariff Barriers: A Proposal From A Law And Economics Perspective, Andrew C. Blanar, Jean-Louis L. Arcand
Penn State International Law Review (1982 - 2011)
The General Agreement on Tariffs and Trade (GATT) was implemented to provide uniform guidelines in the regulation of international trade. While the GATT is an agreement based on legal rules of construction and enforceability, the underlying impetus to its creation is economic in nature. This article examines the hindered effectiveness of the legal aspects of the GATT, and it provides insight into the economic theory that promotes this inefficiency.
The International Law Limits To The Ftc's International Activity: Does The Law Of Nations Keep The Ftc At Home?, Jesse R. Ruhl
The International Law Limits To The Ftc's International Activity: Does The Law Of Nations Keep The Ftc At Home?, Jesse R. Ruhl
Penn State International Law Review (1982 - 2011)
The Federal Trade Commission (FTC) possesses substantial power to regulate domestic and international commerce. International law and state sovereignty principles, however, can often prevent the FTC from exercising its domestic jurisdiction. Among the topics explored in this comment are the genesis of the FTC, a significant criticism of the topics of the FTC. the theoretical extent of the international jurisdiction of the FTC, and the international law limitations which affect the FTC's conduct.
Unemployment In Japan's Declining Industries: A Re-Evaluation Of Japanese Employment Adjustment Policy, Susan N. Duke
Unemployment In Japan's Declining Industries: A Re-Evaluation Of Japanese Employment Adjustment Policy, Susan N. Duke
Penn State International Law Review (1982 - 2011)
Is Japan really out-maneuvering the West in post-industrial development? This Comment examines the down-side of economic progress by focusing on how Japan has addressed employment disruptions in the declining industries, such as steel, textiles, and electronic computers. Employment adjustment legislation and the Japanese government's past performance in creating and implementing employment adjustment policy are re-evaluated.
Volume 7 - Number 2: Table Of Contents
Volume 7 - Number 2: Table Of Contents
Penn State International Law Review (1982 - 2011)
No abstract provided.