International Law Commons^™

Professor Rudolf B. Schlesinger: An Affectionate Tribute, David I. Levine

UC Law SF International Law Review

No abstract provided.

Courts And The Creation Of A Spirit Of Moderation: Judicial Protection Of Revolutionaries In Argentina, 1863-1929, Jonathan M. Miller

UC Law SF International Law Review

Scholarship on Latin America has traditionally ignored the political role played by the judiciary. This gap may have some justification in the relative weakness of many Latin American judiciaries in recent decades, but leaves a serious void for understanding Latin American politics in earlier periods. This Article examines how the Argentine judiciary in the late nineteenth and early twentieth century protected the rights of government opponents who started armed uprisings with high political stakes. Far from acting as a tool of government oppression, the judiciary frequently challenged the government and placed sharp limits on its actions. The Argentine Supreme Court …

Legal Systems Of Regional Economic Integration, Stefan A. Riesenfeld

UC Law SF International Law Review

No abstract provided.

Is Codification In Decline, Stephen Mccaffrey

UC Law SF International Law Review

The International Law Commission of the United Nations is responsible for the codification and progressive development of international law. After some signal initial successes, the Commission has had difficulty producing products that are generally acceptable to states. This Article examines the reasons for this apparent decline and prospects for the future.

Copernican Revolution In Jurisprudence: In Loving Memory Of Rudolf B. Schlesinger, Mentor And Friend, Ugo Mattei

UC Law SF International Law Review

No abstract provided.

In Honor Of Stefan A. Riesenfeld, Lori Fisler Damrosch

UC Law SF International Law Review

No abstract provided.

Apples And Oranges--The Supremacy Clause And The Determination Of Self-Executing Treaties: A Response To Professor Vazquez, Khaldoun A. Baghdadi

UC Law SF International Law Review

No abstract provided.

The Nationality Of Claims Principle Of Public International Law And The Helms-Burton Act, Robert L. Muse

UC Law SF International Law Review

The Helms-Burton act is more than a vehicle for claimants of confiscated Cuban property; it seeks an international moratorium on investment in Cuba to force political change. This use of law to promote foreign policy objectives violates established principles of international law and is at odds with customary government policy.

Mr. Muse argues that the Act violates the nationality of claims principle by providing a right of action in federal courts to Cuban property claimants who were Cuban citizens at the time of confiscation. The vast majority of potential claimants under Title Ill were not U.S. citizens in 1959. Further, …

Judicial Review And Constitutional Stability: A Sociology Of The U.S. Model And Its Collapse In Argentina, Jonathan Miller

UC Law SF International Law Review

A basic trend toward review exercised by a judicial or quasijudicial organ is unquestioned in the modem world today. The most obvious reason for the rise of judicial review is that pluralist societies require a respected institution to resolve disputes over interpretation and application of the rules binding them together. Second, absence of a judicial arbiter risks the transformation of reasonable constitutional disagreements into festering political disputes which threaten the legitimacy of those in power. Third, pluralist societies require organs able to legitimate or disapprove fundamental change when faced with groups prejudiced by the changes.

Despite extensive scholarship on judicial …

United States-Brazil Bilateral Income Tax Treaty Negotiations, Richard Mitchell

UC Law SF International Law Review

Nearly fifty years of intermittent negotiations between the United States and Brazil have failed to produce an income tax agreement acceptable to both nations. Negotiations between the two nations have recently been renewed and the possibility of an acceptable bilateral income tax treaty appears promising. However, two difficult issues remain resolved. The first and traditional sticking point is tax sparing. Brazil would like to see the United States offer tax sparing. In addition, the taxation of fees for technical services has recently emerged as a source of disagreement between the two nations.

This Note will (1) argue that a U.S.-Brazil …

In Tribute, Richard M. Buxbaum

UC Law SF International Law Review

No abstract provided.

Federal Courts As Weapons Of Foreign Policy: The Case Of The Helms-Burton Act, John Yoo

UC Law SF International Law Review

The Helms-Burton Act's validity must be tested not only against principles of international law and the obligations of international trading agreements, but the statute's use of the federal judiciary. Although the Act may be consistent with jurisdictional principles and agreements such as GATT and NAFTA, it may force federal courts into a role ill-suited for U.S. national security policy and inconsistent with basic constitutional principles.

Professor Yoo argues that whether Helms-Burton violates international law is insignificant to domestic enforcement of Congressional foreign policy objectives. Further, the national security exceptions to GATT and NAFTA provide sufficient latitude to permit the Act's …

Fundamental Rights On The Infobahn: Regulating The Delivery Of Internet Related Services Within The European Union, Patrick G. Crago

UC Law SF International Law Review

The European Union (EU), and its Member States, is currently struggling with the question of if and/or how to regulate the rapidly expanding content and services available over the Internet, an international communications medium. Some Member States are unilaterally acting to regulate the delivery of Internet related services, while other Member States are still debating whether they should regulate. The EU continues to study the issue, proposing that the Member States cooperate together to resolve the issue.

This Note posits that as a result of the uniquely international nature of the Internet, and the cultural, political, and social issues its …

Professor Rudolf B. Schlesinger, Mary Kay Kane

UC Law SF International Law Review

No abstract provided.

Professor Rudolf B. Schlesinger, James R. Mccall

UC Law SF International Law Review

No abstract provided.

The Committee On The Regions And The Role Of Regional Governments In The European Union, Naomi Roht-Arriaza

UC Law SF International Law Review

The process of European integration has been accompanied by a movement towards decentralization and devolution of power in many states within the European Union (EU). Subnational governments like L.nder, regions, or autonomous communities are seeking increased participation in the design and implementation of EU policies and in EU-level institutions. This Article explores the role of regions within the EU. It considers why subnational governments have assumed a growing role in European affairs, summarizes the mechanisms available in the most decentralized states for subnational input into EU policy formulation and implementation. It then focuses on the institutional mechanisms devised to allow …

To Judge Between The Nations: Post Cold War Transformations In National Security And Separation Of Powers--Beating Nuclear Swords Into Plowshares In An Imperfectly Competitive World, Antonio F. Perez

UC Law SF International Law Review

This Article describes the conflicting policy interests the U.S. government pursued in relation to its nonproliferation interest, on the one hand, in the security of excess Russian weapons-usable nuclear material and protectionist trade interests, on the other in preventing importation of low-cost Russian uranium and the conditions for privatization of the Government-owned corporation processing uranium for use in nuclear power reactors. The Article draws on recent national security literature to argue that both the nonproliferation and protectionist interests involve national security concerns; it then employs public choice theory to demonstrate that the Executive Branch is more likely than Congress to …

In Tribute, Frederic L. Kirgis

UC Law SF International Law Review

No abstract provided.

The Future Of The Multilateral Trading System In The Context Of Trips, Frederick M. Abbott

UC Law SF International Law Review

The establishment of the World Trade Organization (WTO) and the coming into force of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) creates a new dynamic in the field of the international regulation of intellectual property rights (IPRs). The TRIPS Agreement establishes minimum IPRs protection standards on both the substantive and enforcement levels, and provides a trade-based mechanism for the enforcement of these standards. The World Intellectual Property Organization (WIPO) continues to play a major international IPRs role, serving as a forum for the negotiation of new rules, acting to administer IPRs conventions, and providing technical assistance …

Exporting Ethics: Lessons From Russia's Attempt To Regulate Federal Lobbying, Jason D. Kaune

UC Law SF International Law Review

After the collapse of the Soviet Union, U.S. experts have attempted to assist the Russian Federation in developing legal means to control and regulate lobbying. Faced with rampant corruption and the lack of a democratic tradition, the Russian government must address questions concerning lobbying that have troubled the United States for decades.

Mr. Kaune analyzes the 1995 attempt to export the U.S. model of regulating business-government contracts through a Russian federal law on lobbying. Although that attempt failed, the effort provides a number of lessons about both lobbying in Russia and relations between Russia and the United States.

Reclaiming Our Future: International Efforts To Eliminate The Threat Of Persistent Organic Pollutants, Elizabeth B. Baldwin

UC Law SF International Law Review

The evidence is mounting that persistent organic pollutants ("POPs") are causing increasingly detrimental health and environmental effects around the world and pose a major threat to global biodiversity. Exposure to POPs began with the onset of the chemical age over fifty years ago and has increased steadily with the worldwide distribution of pesticides and fertilizers.

As Ms. Baldwin describes, a concerted international effort is needed to deal with this threat, particularly because POPs banned in one country often find their way to another. In response to this worldwide problem, the international community is attempting to create a binding international instrument …

International Law Rules And Historical Evidences Supporting China's Title To The South China Sea Islands, Jianming Shen

UC Law SF International Law Review

The islands in the South China Sea (Nanhai Zhu Dao), most notably the Xisha Islands (Paracels) and the Nansha Islands (Spratlys), have historically been China's territory. The Chinese people sailed to and discovered the chain of the South China Sea islands more than two thousand years ago. The Chinese dynasties started exercising jurisdiction at the latest in the Song era (960-1127 A.D.). China was the first to discover these islands, the first to name them, the first to engage in fishing and other production activities there, and the first to exhibit control and authority over the area. Given the lack …

The Helms-Burton Act And Transnational Legal Process, William S. Dodge

UC Law SF International Law Review

Since its April 1996 passage, the Helms-Burton Act has raised the controversial issue of prescriptive jurisdiction over foreign companies through domestic legislation. The Act has two stated purposes: first, to speed the replacement of the Castro regime with a democratic government in Cuba; and second, to protect the rights of U.S. nationals whose property was expropriated by the Cuban government. Titles I and II address the first stated goal by implementing certain restrictions on the executive office in its relations with and regarding Cuba. Titles IMI and IV address the second stated goal. Title III, in particular, garners the most …

Nafta: The Effect Of The Motor Carrier Provisions On The Future Of The Agreement, Pamela C. Schmidt

UC Law SF International Law Review

The motor carrier provisions of the North American Free Trade Agreement (NAFTA) provide for gradual implementation that will eventually allow Mexican trucks unfettered access to the U.S. highways. The first phase of the motor carrier provisions were scheduled to go into effect on December 18, 1995. The unilateral delay of the provisions by the Clinton administration has resulted in controversy both in the United States and Mexico. Although the motor carrier provisions are just a small part of NAFTA, they have the ability to undermine the entire Agreement.

This Note will examine the advantages and disadvantages of implementing the NAFTA …

In Tribute, Mary Kay Kane

UC Law SF International Law Review

No abstract provided.

In Tribute, H. G. Prince

UC Law SF International Law Review

No abstract provided.

A Proposal To Reformulate Article 23 Of The Ilc Draft Statute For An International Criminal Court, Sienho Yee

UC Law SF International Law Review

The International Law Commission (ILC) has recently completed a Draft Statute for the world's first International Criminal Court. Article 23 of the Draft Statute attempts to strike a proper balance between the role of the proposed International Criminal Court and that of the United Nations Security Council. This Commentary examines the primary shortcomings of the ILC Draft Statute's suggested Article 23. The Commentary then proposes a reformulation of Article 23 in an attempt to address those shortcomings.

The Historical Origins Of The Alien Tort Statute: A Response To The Originalists, William S. Dodge

UC Law SF International Law Review

The Alien Tort Statute, 28 U.S.C. § 1350, which provides federal jurisdiction over suits by aliens for torts in violation of the law of nations, has been used repeatedly in human rights litigation since Filartiga v. Pefia-Irala, 630 F.2d 876 (2d Cir. 1980). This Article looks at the history of the Alien Tort Statute, tracing its origins to the Alien Tort Clause of the 1789 Judiciary Act and, before that, to a 1781 resolution of the Continental Congress urging States to allow damages suits to redress violations of the law of nations. This history shows that the Alien Tort Statute …

American Wine's New Internationalism: Nafta's Impact On The U.S. Wine Industry In The Established And Emerging Markets Of Canada And Mexico, Sarah E. Richards

UC Law SF International Law Review

The North American Free Trade Agreement (NAFTA) specifically addresses wine trade issues. Although these provisions constitute only a small part of the overall agreement, their inclusion reflects the important role the wine industry has assumed in the United States, and hints at the increasingly prominent role wine exports will have in future relations among North American countries.

This Note examines the special problems that arise in conjunction with the exportation of wine and other alcoholic beverages from the United States. It goes on to contend, however, that NAFTA's implementation should significantly boost U.S. wine exports to the established but heavily …

From Dictatorship To Democracy: Environmental Reform In Chile, Scott C. Lacunza

UC Law SF International Law Review

At the Summit of the Americas in December 1994, Canada, Mexico, and the United States formally invited Chile to join the North American Free Trade Agreement (NAFTA). Chile was selected as the first Latin American country to receive an invitation based upon its open market system, stable democratic government, and impressive decade-long economic growth. As the first Latin American country selected to join NAFTA, Chile has been viewed as a model for other developing nations to follow. However, while Chile's economic successes have been lauded as triumphs of the free market approach, little attention has focused on the severe environmental …