International Law Commons^™

Majority And Dissent In Intel: Approaches To Limiting International Judicial Assistance, E. Morgan Boeing

UC Law SF International Law Review

No abstract provided.

International Criminal Law: Towards New Solutions In The Fight Against Illegal Arms Brokers, Katharine Orlovsky

UC Law SF International Law Review

In many recent and ongoing civil and international armed conflicts, arms brokers have violated United Nations embargos to deliver arms to known human rights violators in conflict zones. This illegal arms traffic significantly contributes to the commission of atrocities. However, arms brokers, who are uniquely difficult to both regulate and prosecute, continue to enjoy broad impunity under existing international and domestic law. International criminal law has developed legal theories and institutions to address impunity in situations of mass conflict. This note examines the feasibility of prosecuting arms brokers under international criminal law, and whether this growing area of law may …

Lawless World - The Bush Administration And Iraq: Issues Of International Legality And Criminality, Philippe Sands

UC Law SF International Law Review

Sixty years ago, the United States and Great Britain spearheaded efforts to create a new world order based on international rules. Today these same two nations are leading the charge to abandon many of the global safeguards they once fought to establish. The Bush Administration has decided to turn its back on international agreements governing basic human rights, war, torture, and the environment. In this transcript from the Schlesinger Lecture held in November 2005, Professor Sands discusses how international rules are arbitrarily applied as human rights prove to be inconvenient in the face of globalizing economic forces.

Challenging China's Fixed Exchange Rate Regime: An Analysis Of U.S. Options, Xinchen Sofia Lou

UC Law SF International Law Review

No abstract provided.

Facts, Rights, And Remedies, Wadie E. Said

UC Law SF International Law Review

No abstract provided.

Discussion Of The International Water Law Principles Dr. Elver Lays Out, James W. Nachbaur

UC Law SF International Law Review

No abstract provided.

Applying The Rule Of Law In The War On Terror: An Examination Of Guantanamo Bay Through The Lens Of The U.S. Constitution And The Geneva Conventions, John R. Pariseault

UC Law SF International Law Review

No abstract provided.

To Reconcile, Or To Be Reconciled?: Agency, Accountability, And Law In Middle Eastern Conflicts, Laurie King-Irani

UC Law SF International Law Review

No abstract provided.

Geographical Indicators: A Unique European Perspective On Intellectual Property, Eva Gutierrez

UC Law SF International Law Review

In a recent case before the World Trade Organization, the European Union advocated robust protection for geographical indicators, much to the opposition of the United States and Australia. Although the United States criticizes the European perspective of geographical indicators, the author concludes the robust GI protection the EU provides to its Member States is both a valid and ingenious way of utilizing intellectual property for national economic and social growth.

Law And The Theory Of Lack, Laura Nader

UC Law SF International Law Review

Legal comparativists' view of law as bounded precluded a theory of the diffusion of Western Law. The spread of Western legal influences, whether under colonialism or as part of law and development, or part of the current globalization challenge and the new imperialism, is now debated.

A theory of lack suggests the need for Western legal professionals to use lack as a means to promote modernity, rationality, and more recently democracy - the "civilizing process." The Chinese lack law, the Moslems lack rational law, South American countries lack sophisticated academic legal institutions, developing countries lack the minimal institutional; systems necessary …

Opening The Pandora's Box Of Space Law, Paul Tobias

UC Law SF International Law Review

No abstract provided.

Facts, Rights, And Remedies: Implementing International Law In Israel/Palestine Conflict: Introduction, George E. Bisharat

UC Law SF International Law Review

No abstract provided.

International Law And The Peace Process, Richard Falk

UC Law SF International Law Review

No abstract provided.

International Law And Rights-Based Remedies In The Israel/Palestine Conflict: Settlements, Asli U. Bali

UC Law SF International Law Review

No abstract provided.

International Law And The Palestine Refugees, John Quigley

UC Law SF International Law Review

No abstract provided.

The Mirage Of Rights - Response, Elazar Barkan

UC Law SF International Law Review

No abstract provided.

Palestinian/Israeli Water Conflict And Implementation Of International Water Law Principles, Hilal Elver

UC Law SF International Law Review

No abstract provided.

Trading Places: Illicit Antiquities, Foreign Cultural Patrimony Laws, And The U.S. National Stolen Property Act After United States V. Schultz, Mark J. Petr

UC Law SF International Law Review

No abstract provided.

Judicial Reform In Afghanistan: A Case Study In The New Criminal Procedure Code, Faiz Ahmed

UC Law SF International Law Review

On January 4, 2004, the Islamic Transitional State of Afghanistan ratified a constitution. While lauded by many, a number of its articles have stirred debate within Afghanistan. Using the country's new criminal procedure code as a case study, the author addresses key questions pertaining to legal reform and development movements, including the foreign imposition of law, a lack of local participation in legal reform processes, and a blindness to the multiple layers of indigenous law practiced on the ground. The author concludes that these are all weaknesses that will fundamentally hamper the rebuilding of stable legal institutions in Afghanistan in …

Who Gets The Better Deal?: A Comparison Of The U.S. And English Infancy Doctrines, Simon Goodfellow

UC Law SF International Law Review

In both the United States and England, rights and liabilities under contract law are different for minors than for adults. The author compares and contrasts the current infancy doctrines of England and the United States and evaluates which country favors which party over the other and the repercussions of this choice. The author concludes that a majority of American states strongly favor the interests of the minor. Although a minority of American states, and England, strike more of a balance between the interests of the minor and adult merchants acting in good faith, the increased activity and sophistication of minors …

Foreign Private Plaintiffs, Global Conspiracies And The Extraterritorial Application Of U.S. Antitrust Law, Wolfgang Wurmnest

UC Law SF International Law Review

No abstract provided.

Sealand Ho - Music Pirates, Data Havens, And The Future Of International Copyright Law, Kevin Fayle

UC Law SF International Law Review

No abstract provided.

Informal Rules, Transactions Costs, And The Failure Of The "Takings" Law In China, Chenglin Liu

UC Law SF International Law Review

Since the 1990s, China has witnessed large-scale demolition projects aimed at making room for commercial development. Commercial developers have been reluctant to provide residents with compensation and relocation arrangements, resulting in tension between residents and developers. To strike a balance between economic development and private property protection, lawmakers passed several laws to regulate government takings. In March 2004, a clause was added to Article 13 of the Constitution, requiring the government to compensate private owners when their property is taken for public use. The author concludes that widespread misuse of public purpose takings and forced evictions indicate that these new …

Going Toe To Toe: President Barak's And Chief Justice Rehnquist's Theories Of Judicial Activism, Amos N. Guiora, Erin M. Page

UC Law SF International Law Review

A critical component of a liberal democracy's counterterrorism efforts is the role of that nation's judiciary. The concept of an unfettered executive, unrestrained by courts and legislatures alike, is detrimental to a nation attempting to balance national security and individual rights. The authors analyze whether, and how, the courts in the United States and Israel truly review executive decisions regarding armed conflict by analyzing decisions of the two Supreme Courts and the late Chief Justice William Rehnquist's and President Barak's writings.

The German Parental-Leave System As A Model For California: Creating A Race To The Top Within A Federal System, Dirk Larsen

UC Law SF International Law Review

When the U.S. Congress was drafting the Family and Medical Leave Act of 1993, it looked to Germany as an example of a country with generous family-leave policies as well as a strong economy. Due to opposition from the business sector and reluctance to regulate family life, the resulting legislation was much weaker than its German counterpart. Since that time, Germany's social order proved less self-sustaining than previously thought. The author compares the relative merits, successes, and failures of Germany's and California's parental-leave policies and suggests that California could stand to benefit by adopting modified aspects of the German model …

The Role Of U.S. Foreign Policy In Establishing Jurisdiction: Should Foreign Policy Be An Exclusively Federal Concern, Benjamin R. Ehrhart

UC Law SF International Law Review

No abstract provided.

Criminal Responsibility For Non-State Civilian Superiors Lacking De Jure Authority: A Comparative Review Of The Doctrine Of Superior Responsibility And Parallel Doctrines In National Criminal Laws, Avi Singh

UC Law SF International Law Review

No abstract provided.

Introduction To The 2005 Rudolf B. Schlesinger Lecture On International And Comparative Law, Richard M. Buxbaum

UC Law SF International Law Review

No abstract provided.

Iraq And The 800-Pound Gorilla Revisited: Good And Bad Faith, And Humanitarian Intervention, Davis Brown

UC Law SF International Law Review

One of the leading justifications for the 2003 U.S.-led invasion of Iraq and removal of the Ba'ath Party from power was that Iraq had developed chemical and biological weapons, and was rapidly developing nuclear capability. The author's previous article, "Enforcing Arms Control Agreements by Military Force: Iraq and the 800-Pound Gorilla," argued that the invasion was lawful, even without Security Council authorization, by taking a new, injury-remedy approach to war theory. With no weapons of mass destruction yet found in Iraq, new justifications must be found to legitimate the invasion. The author revisits the injury-remedy approach, incorporating good and bad …

The Rise And Fall Of The U.N. Charter's Use Of Force Rules, Michael J. Glennon

UC Law SF International Law Review

American policy makers and international lawyers sit in a parallel universe. Policy makers determine whether to use force in any given situation by examining the costs and benefits. International lawyers engage in legal analysis, which rarely plays a role in the policy makers' decisions. This paper examines three different elements of American foreign policy: (1) the American foreign policy objectives, (2) the means by which those objectives are pursued, and (3) the way in which the United States should deal with a world in which the U.N. collective security system has collapsed.