International Law Commons^™

Text Of Remarks On Panel: Codes Of Conduct And Transparency, Cynthia Williams

UC Law SF International Law Review

No abstract provided.

Uniform Rules Of Engagement: The New Tax Regime For Foreign Sales, Harold S. Peckron

UC Law SF International Law Review

The World Trade Organization (WTO) administers, enforces, and decides international trade disputes by establishing uniform rules of trade engagement designed to minimize trade wars. Countries that fail to abide by the WTO rules can be taken to the WTO courts and face eventual sanctioned retaliation. Without such rules, global economic competition can be as fierce as the most devastating battle and, as history has shown, can be the catalyst for war.

This Article examines the United States' alleged disregard of the WTO uniform trade rules through the use of foreign sales corporations, and how this tax regime almost ignited an …

Accountability Of Multinational Corporations: The Barriers Presented By Concepts Of The Corporate Juridical Entity, Phillip I. Blumberg

UC Law SF International Law Review

No abstract provided.

Categories Of Corporate Complicity In Human Rights Abuses, Andrew Clapham, Scott Jerbi

UC Law SF International Law Review

No abstract provided.

Two Observations On Holocaust Claims, William W. Bratton

UC Law SF International Law Review

No abstract provided.

U.S. Jurisdiction Over Conflicts Arising Outside Of The United States: Some Hegemonic Implications, Ugo Mattei, Jeffrey Lena

UC Law SF International Law Review

No abstract provided.

A New Approach To Corporate Responsibility: The Voluntary Principles On Security And Human Rights, Bennett Freeman, Maria B. Pica, Christopher N. Camponovo

UC Law SF International Law Review

No abstract provided.

Securing Transnational Corporate Accountability Through National Courts: Implications And Policy Options, Halina Ward

UC Law SF International Law Review

No abstract provided.

Indigenous Rights And Multinational Corporations At International Law, Patrick Macklem

UC Law SF International Law Review

No abstract provided.

Text Of Remarks On Panel: Indigenous Peoples, Environmental Torts And Cultural Genocide, Richard Herz

UC Law SF International Law Review

No abstract provided.

Enabling American High-Tech Companies To Protect Their Secrets Abroad: A Comparative Analysis Of Irish And American Trade Secret Regulation, Kelly Irene Phair

UC Law SF International Law Review

No abstract provided.

A Paper Tiger--An Examination Of The International Religious Freedom Act's Impact On Christianity In China, Betty L. Wong

UC Law SF International Law Review

No abstract provided.

A Journey Of Two Countries: A Comparative Study Of The Death Penalty In Israel And South Africa, Michelle M. Sharoni

UC Law SF International Law Review

The death penalty remains a complex and controversial topic in many countries all around the world. Israel and South Africa have traveled along diverse and fascinating paths in deciding whether the death penalty is constitutional. This Note examines the history of the death penalty in Israel and South Africa, emphasizing the process of its abolition.

This Note reviews the sources of Hebrew law, the history of the death penalty in Israel and the Jewish legal system. It addresses the history of the death penalty in South Africa, from the period of the early settlers up to a recent unanimous decision …

The Price Of Passion: The Banishment Of English Hooligans From Football Matches In Violation Of Fundamental Freedoms, Geoff Beckham

UC Law SF International Law Review

International football is the world's most popular team sport. As often as the global football community exults in worldwide camaraderie, its image is scarred by the inexplicably violent behavior of its supporters.

This Note examines English efforts to curb hooliganism through recently-enacted legislation. The anti-hooligan laws are analyzed in light of the protections guaranteed in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the U.S. Constitution. This Note concludes that English hooligan laws violate Article 7 of the European Convention and the ex post facto clause of the U.S. Constitution.

Compulsory Licensing Of Pharmaceuticals Under Trips: What Standard Of Compensation, Susan Vastano Vaughan

UC Law SF International Law Review

Harmonization of international intellectual property laws has been the object of considerable recent effort under both public international law and international trade law. The GATT Uruguay Round Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) resulted in significant steps toward harmonization. The proper application of compulsory licensing of patents under TRIPS has been the subject of much early debate. Proposed standards of compensation have been wildly divergent, reflecting the conflicting policy concerns of developed and developing nations.

This Note provides an overview of the conflict between developed and developing nations over the proper reach of intellectual property rights. It then …

A First Look At The Interim Merits Award In S.D. Myers, Inc. V. Canada: It Is Possible To Balance Legitimate Environmental Concerns With Investment Protection, Todd Weiler

UC Law SF International Law Review

This Article is a response to Joseph de Pencier's paper Investment, Environment and Dispute Settlement: Arbitration Under NAFTA Chapter Eleven in issue 23:3-4 of this journal. This reply is based upon the author's experience as counsel for the investor in S.D. Myers, Inc. v. Canada (Myers) and similar cases.

This Article provides a critical commentary on various elements of Mr. de Pencier's paper that deal with the Myers claim. It provides some tentative suggestions on how the substantive provisions of NAFTA Chapter 11 might be interpreted in future cases where investment protection and environmental protection appear to be at odds.

Ryousai Kenbo Revisited: The Future Of Gender Equality In Japan After The 1997 Equal Employment Opportunity Law, Robert Larsen

UC Law SF International Law Review

In 1985 amid international and domestic pressure, Japan enacted the Equal Employment Opportunity Law (EEOL). Many viewed it as an era of change, one that would see Japanese women rise to equality with male co-workers. However, equal employment never materialized. Historical context and the experience of the 1985 EEOL provide insights into the future of gender equality in Japan.

This Note provides a brief description of the Japanese corporate world and a historical context of women in Japanese society. It identifies pressures, both domestic and international, that Japan faced prior to 1985 that led up to the EEOL. The 1985 …

The Internet Content Rating Association: The Way To Patrol The Internet Highway, Carrie Lam

UC Law SF International Law Review

The Internet makes information easily accessible and allows people all over the world to research and telecommute from the comforts of their own homes. However, such unlimited access is a double-edged sword. Problematic information that is accessible to anyone with a computer and a modem, such as sexually explicit material, can also be found on the Internet.

This Note examines the conflict between protecting children online and protecting free speech. A comparison is made between the United States' attempts at solutions through the Communications Decency Act and the Child Online Protection Act, and the new international and self-regulatory approach of …

The Socialist Republic Of Vietnam's Labor Code: Looking Beyond The Printed Papers, Johnny Vinh Phan

UC Law SF International Law Review

The Vietnamese government's anxiety and fear of foreign involvement within its borders can be traced back to its history of foreign domination. Many generations of Vietnamese endured continuous warfare to obtain Vietnam's current independence.

This Note walks through Vietnam's economic changes over the past fifteen years. It describes Vietnam's Labor Code, and analyzes the Vietnamese legal system's shortcomings in protecting workers from exploitation by multinational corporations. The Note then identifies possible explanations and solutions to some of the problems, and concludes with an overview of doi moi ("new economic thinking").

Which Torts In Violation Of The Law Of Nations, William S. Dodge

UC Law SF International Law Review

No abstract provided.

Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann

UC Law SF International Law Review

No abstract provided.

Holding Multinational Corporations Responsible Under International Law, Joel R. Paul

UC Law SF International Law Review

No abstract provided.

Unidentified Orbital Debris: The Case For A Market-Share Liability Regime, Mark J. Sundahl

UC Law SF International Law Review

As the volume of debris in the planet's orbit continues to grow, the risks and costs associated with orbital collisions are taking their toll on the space industry. The United Nations Convention on International Liability for Damage Caused by Space Objects seeks to address this modern day tragedy of the commons, yet it applies only to large, identifiable pieces of orbital debris. As most debris consists of small fragments, the source of which cannot be identified, the U.N. Convention is limited in its effect.

This Note addresses the problem of assigning liability for harm caused by unidentified orbital debris. It …

Wye River Memorandum: A Transition To Final Peace, Justus R. Weiner

UC Law SF International Law Review

After a lengthy impasse in the peace process between Israel and the Palestinian Authority, a series of several agreements designed to foster peace led to the Wye River Memorandum. This agreement, negotiated in conjunction with President Clinton, established concrete steps for each side to take in reaching lasting peace. This Article analyzes the Wye River Memorandum in the context of the legal and political controversies surrounding its adoption and implementation. Additionally, this Article includes a postscript that addresses the recent Al-Aqsa Intifada.

Protection Against Trademark Dilution In The U.K. And Canada: Inexorable Trend Or Will Tradition Triumph, David S. Welkowitz

UC Law SF International Law Review

This Article addresses the trend toward increasing protection of trademarks in the context of non-confusion. Specifically, this Article analyzes this dynamic as it is occurring in the United Kingdom and Canada. It opens with a brief discussion of trademark protection outside the context of trademark confusion. It then proceeds to an in-depth analysis of trademark dilution in the United Kingdom and Canada, with special attention paid to comparative analysis. By analyzing this trend as it is occurring in these countries, the author provides useful insight into not only what is happening in these countries, but also the implications these developments …

Nuclear Testing Rocks The Sub-Continent: Can International Law Halt The Impending Nuclear Conflict Between India And Pakistan, Grant Guthrie

UC Law SF International Law Review

The nuclear tests conducted by India and Pakistan in 1998 have given rise to a concern that the historic conflict over Kashmir might suddenly erupt into a war involving nuclear weapons.

This Note evaluates the relationship between the testing and the development of nuclear weapons under international law. It analyzes two aspects of international law that prohibit the future testing and development of nuclear weapons: (1) customary international law and (2) traditional and new customary international environmental law. This Note concludes by pointing out that the nations that will acquire nuclear capabilities in the near future may not have the …

"Draconian" Yet Constitutional: The Republic Of Ireland's Offences Against The State Act (1998), Sean R. Elsbernd

UC Law SF International Law Review

On August 15, 1998, a terrorist bomb exploded in Omagh, County Tyrone, Northern Ireland. The 500-pound bomb, which detonated in the main marketplace of the city, killed twenty-eight people and injured more than 200 others. Following the tragedy, Ireland's Prime Minister Ahern pledged to bring those responsible to justice by making certain amendments to the Offences Against the State Act of 1939.

This Note discusses whether the Prime Minister and the government of the Republic of Ireland succeeded in this task, and if their efforts conform to the Irish Constitution and the European Convention on Human Rights.

Application Of The Elements Of Torture And Other Forms Of Ill-Treatment, As Defined By The European Court And Commission Of Human Rights, To The Incidents Of Domestic Violence, Ela Grdinic

UC Law SF International Law Review

Domestic violence has not traditionally been considered a type of torture. In fact, until recently, many European countries did not even have laws to protect women from domestic assault. However, the development of concepts in international law such as the individual right to petition, the positive obligations of states, the absolute character of certain rights, and the expansion of the application of state responsibility for the acts of private individuals, all provide fertile ground for the recognition of domestic violence as a human rights issue.

This Article argues that incidents of domestic violence in fact satisfy the criteria imposed by …

Holding Up Half The Sky But Not Allowed To Hold The Ground: Women's Rights To Inherit And Own Land In Hong Kong And The People's Republic Of China, Nora E. Sheriff

UC Law SF International Law Review

The rights of women to inherit and own land differ in the New Territories in Hong Kong and Jiangxi in China. The history of the two nations explains many of the differences and similarities regarding women's rights. As Hong Kong and China meld into one nation with two systems, inevitable changes to those rights will occur.

This Note surveys the general perceptions regarding human and women's rights in Great Britain, Hong Kong and China. Also, the Note explores international treaties that affect women's rights with special attention to the participation of both Hong Kong and China. Each nation's internal laws …

The Political Economy Of Nafta Chapter Eleven: Equality Before The Law And The Boundaries Of North American Integration, Frederick M. Abbott

UC Law SF International Law Review

No abstract provided.