International Law Commons^™

Reflections On Ethical Integrity: Challenges To The Rule Of Law Facing The Haitian Legal Profession, Jomanas Eustache

UC Law SF International Law Review

No abstract provided.

Oh, What A Tangled Web We Weave: The Implications Of Conflicting Domestic Policy On Arbitrability And Award Enforcement, Jennifer Vincent

UC Law SF International Law Review

Perhaps the most attractive reason to submit a dispute to arbitration is the privacy of the process, and, though courts have some authority in enforcement or setting aside of awards, courts in one country may decide to enforce an award that has been set aside in another. For this reason, many countries have traditionally shielded from arbitration certain spheres in which strong public interest would discourage the unpredictability of an arbitration and have reserved these issues for courts and other more qualified state authorities. This leads to inconsistency and confusion when dealing with a dispute between two parties in international …

A Comparative Analysis Of Spain's Startup Co-Investment Fund And The United States Government Funded Venture Capital, Kelly Gunderson

UC Law SF International Law Review

Innovation through new venture start-ups has been shown to have a direct effect on the growth of a country's overall economy. This paper will analyze Spain's new government funded venture capital program, the Startup Co- Investment Fund ("SCIF"), in order to determine its likelihood of success in Spain and whether other countries should also look to a similar program in order to build their VC market. To effectively examine the new program it will be helpful to carefully explore the U.S.'s venture capital market and history, as the U.S. ranked number one for VC in 2013, while Spain remained at …

Towards Peer Pressure In Post-Disaster Governance: An Empirical Study, Shahla F. Ali

UC Law SF International Law Review

Recent experience reminds us the United States is anything but immune to the effects of major natural disasters; in 2012 Hurricane Sandy demolished the entire eastern seaboard, impacted 24 states and caused $50 billion to $68 billion of damage. As natural disasters occur with increasing frequency, there is growing interest and scholarship in disaster relief governance. Empirical researth regarding the mechanisms of post-disaster local governance is therefore timely given the scale and magnitude of suffering involved. The findings presented in this article driw on the attitudes and perceptions of practitioners working in disaster response fields to provide us with insights …

Relying On Government In Comparison: What Can The United States Learn From Abroad In Relation To Administrative Estoppel, Dorit Rubinstein Reiss

UC Law SF International Law Review

The United States' Supreme Court has never upheld a claim of estoppel against the government. A citizen relying on the government's advice does that at her peril: if the government wrongfully misrepresents or misinterprets a statute it can (and by some interpretations, must) go back on its word leaving the aggrieved citizen with no recourse. The Supreme Court has provided many arguments for this position, but the core of its rationale is premised on protecting what Europeans refer to as "the principle of legality." The principle of legality states that the Executive cannot waive requirements from primary legislation or deviate …

Measuring Constitutional Islamization: The Islamic Constitutions Index, Dawood I. Ahmed, Moamen Gouda

UC Law SF International Law Review

The military coup in Egypt and the Taliban insurgency in Pakistan and Afghanistan have once again highlighted the political stakes of incorporating Islam within a constitution. Many constitutions in the Muslim world contain clauses that recognize the Islamic character of the state; yet, there is little scholarship empirically analyzing these clauses; indeed, while much has been written about the effects of incorporating a particular type of clause-the Islamic supremacy clause, to date, we know very little about the comparative constitutional universe of Islamic clauses: How prevalent is Constitutional Islamization? Which countries have the most or least Islamized constitutions? Do secular …

Mercosur: Venezuela's New Vehicle For Resistance To American Political And Economic Hegemony, Noah Asa Phillips

UC Law SF International Law Review

Throughout his tenure, President Hugo Chavez of Venezuela carried out an ideological political vision of resistance to United States political and economic hegemony in Latin America. Due to Venezuela's large political and economic influence in Latin America, Chavez's administration has repeatedly thwarted efforts by the United States government and American corporations to maintain their economic dominance in the region. Venezuela's antagonistic foreign policies over the last decade have resulted in an opening up of an autonomous policy space in Latin and Central America and presented a serious pushback to United States political and corporate presence in Latin America.

With Venezuela's …

Globalizing Representative Democracy: The Emergence Of Multilayered International Parliamentalism, Davor Jancic

UC Law SF International Law Review

As globalization penetrates the realm of democracy, the internationalization of the institution of parliament, as the epitome of popular representation in liberal democracies - continues to be largely ignored by key studies in international law, constitutional law and global governance. This article seeks to place international parliamentarism on the radar of legal scholarship, reassess the value that representative democracy has in the globalized world, and demonstrate that understanding parliaments as purely domestic institutions immune from international integrative forces is no longer tenable. This article argues that international interparliamentary relations do not occur merely within isolated forums but can and do …

The Basic Law, Universal Suffrage And The Rule Of Law In Hong Kong, Michael C. Davis

UC Law SF International Law Review

The recently published PRC White Paper and NPC Standing Committee Decisions have put both Hong Kong's democratic development and its rule of law under threat. These reports have emphasized the NPC Standing Committee's ultimate power to interpret and amend the Basic Law as it sees fit with seemingly no constraint. In disregard of China's international legal obligations respecting Hong Kong under the Sino-British Joint Declaration and the ICCPR these reports have emphasized the resting of all authority in the PRC Central Government. Great liberty has been taken with regard to critical language in Article 45 of the Basic Law, which …

Stumbling Forward In Syria, George Bisharat

UC Law SF International Law Review

No abstract provided.

Three's (Not) A Crowd In International Tax Arbitration: International Tax Arbitration As A Development Of International Commercial Arbitration Rather Than A Map Fix, Sarah G. Nowland

UC Law SF International Law Review

One of the goals of bilateral tax conventions is mitigating instances of double taxation for each state's taxpayers. Tax conventions include a Mutual Agreement Procedure (MAP) to handle disputes brought by a taxpayer of one state claiming double taxation by his home country and the other state party to the convention. Once a claim is initiated, each state designates competent authorities to resolve the issue through MAP. MAP's three main weaknesses include the length of time it takes competent authorities to agree, the possibility that competent authorities will not reach an agreement, and that the taxpayer who brought the dispute …

Legitimacy And Independence Of International Tribunals: An Analysis Of The European Court Of Human Rights, Kanstantsin Dzehtsiarou, Donal K. Coffey

UC Law SF International Law Review

This paper explores the theoretical framework of judicial independence of international tribunals, with specific reference to the independence of the European Court of Human Rights. It then argues that independence is a key aspect of the legitimacy of an international tribunal and suggests that legal reforms designed to enhance the judicial independence of the European Court of Human Rights should focus on the two main structural parts of the Court, namely the judiciary and the Registry. This paper analyses a number of proposed reforms that can make the European Court of Human Rights more independent and credible. These insights are …

The Right To Strike - Sustainable Constitutional Reform: Comparative Case Studies Of Workers' Strikes In The Kenyan Public Sector, Ann Munene

UC Law SF International Law Review

A few years after the fall of apartheid, South Africa adopted one of the most progressive constitutions in African history in 1997. This adoption affirmed the emerging trend of constitutional reform embraced by many African nations, since the 1960s when most gained their independence. Most constitutional reform in Africa, focused on increasing human rights protections for Citizens. One such right is the right to strike.

This note will examine the Kenyans' choice to include a "Right to Strike" provision in the newly adopted Constitution of 2010, in the face of a similar provision in the Labour Relations Act of 2007. …

Ats Liability For Rogue Banking In A Post-Kiobel World, Joel Slawotsky

UC Law SF International Law Review

No abstract provided.

Moving Money: International Financial Flows, Taxes, And Money Laundering, Richard Gordon, Andrew P. Morriss

UC Law SF International Law Review

Allegations by political leaders and others that offshore financial centers enable multinational enterprise to avoid paying a "fair" amount of tax-and that they enable wealthy individuals to evade paying any tax, much of it on ill gotten gains-are once again garnering headlines and inspiring government action. One of the most prominent commentators on these topics, The Tax Justice Network, has recently claimed that thanks to the services of tax havens, $21 trillion to $32 trillion of wealth of questionable origin remains hidden and untaxed, and that such abuse must be stopped through greater regulation. In this paper we argue that …

Changing Lanes: Intellectual Property Rights, Trade And Investment, Julien Chaisse, Puneeth Nagaraj

UC Law SF International Law Review

Trademarks are inherent features of transnational business transactions. From a trade perspective, a trademark is used by a business as an identification sign to distinguish its goods or services from those of its competitors. Trademarks are also a form of investment as they are valuable business assets; they can be sold or licensed. This paper provides a comprehensive analysis of the international economic rules that apply to transnational business activities requiring trademark protection. It answers the key question: What is the role of trade and investment treaties in ensuring trademarks are duly respected? The paper demonstrates that some trademark infringement …

Developing Effective Transparency: A Case Study On Voluntary Disclosure And Social Responsibility At Apple Inc., Jessica Gomez

UC Law SF International Law Review

Apple Inc. ("Apple") is one of many multinational corporations in the electronics industry that uses a voluntary transparency policy to manage disclosure of information pertaining to labor conditions of supply chain factories. This note analyzes the strengths and weaknesses of Apple's transparency policies over the years, as well as the events that triggered these policies. This note also examines voluntary disclosure schemes generally, and discusses the inherent limitations of a policy that is self-defined and self-enforced. Despite its limitations, Apple's policy has initiated some positive changes to labor practices and has contributed to a broader discussion on corporate social responsibility …

Trafficking In Information: Evaluating The Efficacy Of The California Transparency In Supply Chains Act Of 2010, Alexandra Prokopets

UC Law SF International Law Review

The California Transparency in Supply Chains Act of 2010 (CTSCA) took effect in January 2012. It was designed in an effort to eradicate forced labor and human trafficking in business supply chains, which the legislature recognized as violations of state, federal, and international law. The CTSCA does not forbid the sale of goods produced through trafficked labor. Instead, the CTSCA asks companies to disclose their labor practices to consumers in order to allow buyers to differentiate companies based on their efforts to supply products free from slavery and trafficking, which will in turn inform consumers' purchasing decisions and drive companies …

Redemption Deferred: Military Commissions In The War On Terror And The Charge Of Providing Material Support For Terrorism, Dana M. Hollywood

UC Law SF International Law Review

On June 24, 2011, the Court of Military Commission Review (CMCR) released its decision in the case of U.S. v. Hamdan, holding that material support for terrorism (MST) constitutes a law of war violation. The Court of Appeals for the D.C. Circuit granted certiorari and heard oral arguments in the case on May 3, 2012. The court released its decision on October 16, 2012, as this article was going to the publisher. This article argues that the charge of MST is not a violation of the law of war, and that is the conclusion ultimately reached by the D.C. Circuit. …

Information Freedom, A Constitutional Value For The 21st Century, Christopher Witteman

UC Law SF International Law Review

On July 2, 2012, Verizon filed a brief with the United States Court of Appeals, District of Columbia Circuit, stating that the open-network, antidiscrimination rules adopted by the Federal Communications Commission "violate[d] the First Amendment by stripping [Verizon] of control over the transmission of speech on [its] network." Verizon argued that its broadband network is its "microphone" and its "newspaper," essentially claiming the online communications of some 200 million Americans as its own.

This article first describes how the United States First Amendment and communications law have evolved to a point where Verizon's argument is plausible. It then compares our …

Managing The Conflict Between U.S. E-Discovery And The German Data Protection Act, Oliver Forster, Osama Almughrabi

UC Law SF International Law Review

This article describes both e-discovery in the United States and the German Federal Data Protection Act, the Bundesdatenschutzgesetz (BDSG). It details the conflicting demands of those institutions in the event of litigation, as well as the consequences for a company caught between them. Namely, e-discovery often requires the disclosure of vast amounts of electronically stored information held by a company, while the BDSG prohibits the disclosure of personal information outside of specific exceptions. Failure to disclose the data could result in significant sanctions in the U.S., while disclosing data can lead to large fines and constitutes a criminal offense in …

U.S. Preservation Requirements And Eu Data Protection: Headed For Collision, Tania Abbas

UC Law SF International Law Review

Large, multinational corporations today preserve vast quantities of electronic data out of fear that they will suffer sanctions under the Federal Rules of Civil Procedure for destroying evidence that could be relevant to ongoing or pending litigation. But, as U.S. companies hoard data, European regulators are stepping up enforcement of privacy laws that require the systematic elimination of data that identifies individuals without their consent. These laws, such as EU Directive 95/46, on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data, are arguably far-reaching and may affect data …

Administrative Procedure And Foreign Antibribery Enforcement: Restoring Balance Through Procedural Transparency, Daniel R. Wilson

UC Law SF International Law Review

The Department of Justice and the Securities and Exchange Commission aggressively pursue and punish individuals and companies who bribe or attempt to bribe foreign officials in other countries pursuant to the Foreign Corrupt Practices Act of 1977 (FCPA). However, the FCPA as it is currently interpreted by the Department of Justice has been the object of growing criticism. The United States Chamber of Commerce has argued that good faith efforts to comply with the law are often unsuccessful and that statutory amendments are necessary to "secure clarity" with respect to enforcement policy. A year ago, the Department of Justice responded …

Japanese Legal Reform In Institutional, Ideological, And Comparative Perspective, Frank K. Upham

UC Law SF International Law Review

No abstract provided.

Successes, Failures, And Remaining Issues Of The Justice System Reform In Japan: An Introduction To The Symposium Issue, Setsuo Miyazawa

UC Law SF International Law Review

No abstract provided.

Historical Genealogy Of Japan's Judicial Reform: Its Achievements And Challenges, Shunsuke Marushima

UC Law SF International Law Review

No abstract provided.

Adjusting Course: Proposals To Recalibrate Japan's Law Schools And Bar Exam System, Eric C. Sibbitt

UC Law SF International Law Review

No abstract provided.

A Step In The Right Direction For Japan's Judicial Reform: Impact Of The Justice System Reform Council Recommendations On Criminal Justice And Citizen Participation In Criminal, Civil, And Administrative Litigation, Hiroshi Fukurai

UC Law SF International Law Review

No abstract provided.

The Difficulty Of Enforcing American Family Law Judgments In Japan, James B. Kildunne

UC Law SF International Law Review

This Note examines modem Japanese family law, focusing particularly on Japan's failure to ratify the Hague Convention on the Civil Aspects of International Child Abduction and the difficulty that poses for parents seeking to enforce custody orders from their home country in Japan; the formal, functional, and cultural limitations within the Japanese legal system that make joint custody between separated parents very difficult to achieve; procedures in place in the United States at both the local and federal level to prevent international child abduction; and, finally, a recommendation that the United States utilize its unique relationship with Japan to urge …

The Impact Of The Human Provincial Administrative Procedure Provisions, Peter Witherington

UC Law SF International Law Review

In April, 2008, Zhou Qiang, then the governor of Hunan Province (and current president of China's Supreme People's Court), presided over the adoption of the Hunan Provincial Administrative Procedure Provisions ("Provisions"). At its passage, this regulation represented the first comprehensive code of administrative procedure to be adopted in the People's Republic of China. This Note contends that Provisions represent a departure for administrative procedure in China, and should be viewed as a positive, if preliminary, step towards comprehensive rule of law.

Beginning with a brief overview of modern Chinese administrative law and its theoretical underpinnings, this Note presents the argument …