International Law Commons^™

A Tort Only In Violation Of The Law Of Nations, Joseph Modeste Sweeney

UC Law SF International Law Review

The fourth clause of Section 9 of the Judiciary Act of 1789 grants to the federal courts jurisdiction over "a tort only in violation of the law of nations or a treaty of the United States." In the celebrated case of Filartiga v. Pena-Irala, the Second Circuit interpreted this clause as a grant of jurisdiction over any tort in violation of international law committed anywhere in the world. In reaching this conclusion, however, the court did not address the significance of the word "only" or the historical meaning of the word "tort."

This Article delves into the history, law, treaties, …

Japan, Regulatory Compliance, And The Wisdom Of Extraterritorial Social Controls, William S. Laufer, Iwao Taka

UC Law SF International Law Review

United States trade policy allows for a host of extraterritorial initiatives designed to force regulatory reform and corporate compliance in Japan. In this Article, it is argued that such reform and compliance is better achieved by extraterritorial support of the informal, consensual nature of Japanese administrative regulation. Extraterritorial initiatives should promote rather than undermine corporate and industry self-regulation. This position is supported by evidence that the alliances and relations underwriting the socio-cultural environment in Japan can ensure effective corporate self-regulation and compliance if supported.

The Drug Testing Project In International Sports: Dilemmas In An Expanding Regulatory Regime, James B. Jacobs, Bruce Samuels

UC Law SF International Law Review

Over the past two decades testing for performance enhancing drugs has become central to the legitimacy of international sport. A constant battle exists between athletes and coaches seeking to enhance performance at almost any cost and sporting authorities that deem the use of performance enhancing drugs illegal. As more methods of enhancement are discovered, the list of banned substances continues to grow, making enforcement more complex. Recently various sporting bodies, realizing that competition testing is ineffective in detecting the most commonly used drugs, have begun monitoring elite athletes year round and testing them around the world on short notice. For …

Foreign Sovereign Immunity And Saudi Arabia V. Nelson: A Practical Guide, Danny A. Hoek

UC Law SF International Law Review

In any federal judicial proceeding in the United States involving a foreign government or an entity controlled by a foreign government, it is vital to first determine whether that government or entity will be afforded immunity from prosecution under the doctrine of sovereign immunity. If the government or entity qualifies for immunity, they must waive their immunity for the court to have jurisdiction over them.

Prior to 1976, there was considerable turmoil within the United States government over how to distinguish those entities that qualified for immunity from those that did not. Congress responded to this turmoil with the passage …

Foreign Multinational Enterprises Operating In The United States Seek Sanctuary From Title Vii Employment Discrimination Charges In Treaties Of Friendship, Commerce, And Navigation, Christine Neylon O'Brien, Gerald A. Madek, Margo E. K. Reder

UC Law SF International Law Review

Where foreign multinational enterprises do business in the United States through locally incorporated subsidiaries, the employer's equal employment opportunity obligations under the U.S. laws may be tempered by international commercial treaties that permit foreign employers to freely choose key personnel such as accountants, technical experts, executives, attorneys, agents and other specialists. While the free choice exemption contained in the many bilateral treaties of friendship, commerce and navigation to which the United States is signatory protects the economic and legal interests of foreign investors, it allows foreign-owned companies to prefer their own nationals, which may disadvantage U.S. nationals. Because employment patterns …

Individual Versus Society: The Cultural Dynamics Of Criminalizing Suicide, Benjamin P. Fay

UC Law SF International Law Review

Various societies try to deal with the problem of suicide by criminalizing assisted suicide, attempted suicide, and sometimes even suicide itself. In the United States, suicide and attempted suicide are generally no longer criminalized. However, many states are grappling with the question of whether to criminalize assisted suicide. This Note examines suicide laws in two very different cultures, England and India, in order to determine whether there is a common lesson to be learned. The author concludes that the resolution of the question of whether to criminalize suicide or attempted suicide involves weighing the individual's interest in self-determination against the …

Two Steps Back: British Lessons For American Fair Lending Reform, Steven Kalar

UC Law SF International Law Review

This Note suggests that the dramatic reform of American fair lending law now contemplated by Congress would replicate the ineffective British model for preventing loan discrimination. The Note begins with an examination of the problem of lending discrimination in the United States, and surveys legislation adopted in the last thirty years which addresses the problem. It then considers the more poorly documented phenomenon of loan discrimination in the United Kingdom, and reviews the limited British legislation and enforcement measures available to combat such discrimination. The Note discusses three reform proposals considered by the 104th Congress: (1) removal of the "pattern …

The Limits Of Product Liability Reform Within A Consumer Expectation Model: A Comparison Of Approaches Taken By The United States And The European Union, John G. Culhane

UC Law SF International Law Review

During the past several decades, product liability law has sustained dramatic growth in the United States, but has noticeably lagged in the European Union. Against these quite different backdrops both American and European product liability initiatives have recently arisen. In the United States, the Model Uniform Product Liability Act (MUPLA) has served as a template for the enactment of individual state legislation, while the nations of the European Union have, through their own legislative processes, been implementing the Union's Product Liability Directive (the Directive).

This Article begins by undertaking a historical and analytical study of American and European product law …

Proposition 187 And International Human Rights Law: Illegal Discrimination In The Right To Education, Stephen Knight

UC Law SF International Law Review

In November 1994, California voters approved Proposition 187, which would deny basic social services such as education and health care to persons determined by state authorities to be in the country in violation of federal immigration laws. Enforcement of the proposition has been stayed pending the resolution of numerous lawsuits. The education provisions, in particular, are being challenged as violations of federal and state guarantees of equal protection, of state and federal privacy rights, and of international law.

This Note contends that the total denial of education to a class of persons in the United States is inconsistent with international …

Efficiency As Equity: Insights From Comparative Law And Economics, Ugo Mattei

UC Law SF International Law Review

No abstract provided.

International Regulation Of Commercial Whaling: The Consequences Of Norway's Decision To Hunt The Minke Whale, Martha Howton

UC Law SF International Law Review

In 1993 Norway announced its intention to resume commercial whaling despite an international whaling moratorium in effect since 1986. This moratorium has been rendered worthless by Norway's insistence that it is within its legal rights, and by the dependence of the International Whaling Commission on the United States to enforce the Commission's decisions. As other whaling countries make plans to follow Norway's lead, it is necessary to find a way to effectively regulate whaling before it results in the extinction of the great whales. This Note explores the background of the International Whaling Commission, analyzes the whaling moratorium and Norway's …

Tropical Forests And Trade Policy: The Legality Of Unilateral Attempts To Promote Sustainable Development Under The Gatt, Brian F. Chase

UC Law SF International Law Review

The troubled relationship between tropical forests and trade policy underscores the broader tension that exists between freer world trade and global environmental protection. Tropical forests are disappearing at alarming rates, yet the international community seems largely unwilling or unable to act. Consequently, individual countries in recent years have shown an increasing willingness to fill this void by imposing environmentally motivated trade restrictions on tropical timber products. In this Article, the author examines the legality under GATT of these unilateral attempts, which have the twin aims of preventing tropical deforestation and promoting sustainable development. The author argues that most current unilateral …

Judging The East Timor Dispute: Self-Determination At The International Court Of Justice, Gerry J. Simpson

UC Law SF International Law Review

In this Article, the author discusses the likely approach of the International Court of Justice to the issue of self-determination for East Timor in the forthcoming case between Portugal and Australia. To this end, the substantive jurisprudence of the Court will be outlined in the area of self-determination. Initially, the existence of a right to selfdetermination is established at international law (and in the work of the Court). Next the application of this principle to East Timor is considered. Third, potential qualifications on this right are discussed. Finally, an inquiry is made into the legal relationship between the people claiming …

Privatization In Brazil, Jose Luis De Salles Freire, Jose Emilio Nunes Pinto

UC Law SF International Law Review

No abstract provided.

Environmental Protection And Privatization: The Allocation Of Environmental Responsibility And Liability In Sale Transactions Of State-Owned Companies In Poland, Susan S. Cummings

UC Law SF International Law Review

Since 1988, Poland has made considerable progress in privatizing its state-owned enterprises. Among many problems involved in the privatization efforts are the issues of liability for environmental damages. Initially, environmental issues were not a central concern to government officials charged with privatization. But as privatization progressed and Western investors raised legitimate questions regarding allocation of environmental liabilities, the Polish government set out a mechanism for considering environmental issues. For example, the Ministry of Privatization and the Ministry of Environmental Protection created the Inter- Ministerial Environmental Unit to coordinate environmental issues in the context of capital privatization.

This Article provides the …

The Czech Republic And Slovakia: Foreign Participation In Changing Economics, Sarah Andrus

UC Law SF International Law Review

The Czech Republic and Slovakia have rapidly enacted legislation in an effort to create positive investment climates. In 1992, what was then Czechoslovakia, or the Czech and Slovak Federal Republic, enacted a comprehensive Commercial Code. After the country split, the Czech Republic and Slovakia maintained the Commercial Code and since have also improved their taxation systems. This Note explores the evolution of their investment legislation since 1988 and discusses the effect that the separation of the Czech and Slovak Federal Republic has had on investment in the two countries. The Note concludes that although the economies of the Czech Republic …

Missiles With A Message: The Legality Of The United States Raid On Iraq's Intelligence Headquarters, John Quigley

UC Law SF International Law Review

In this Article, the author questions the legality of the U.S. missile attack on Iraq's intelligence headquarters in response to the alleged Iraqi attempt to assassinate former U.S. President George Bush. The author concludes that the U.N. Security Council abdicated its responsibility when it failed to investigate Iraq's complaint. While the United States, after the attack, asserted it had acted in self-defense, the author argues that the U.N. Charter's definition of self-defense requires that the initial armed attack upon the defending party actually occur against a state. In this instance, a foiled assassination plot is found by the author to …

Are Money Launderers All Washed Up In The Western Hemisphere--The Oas Model Regulations, Phyllis Solomon

UC Law SF International Law Review

The Western Hemisphere is the home of some of the world's largest money laundering centers. The ability to launder profits has played a significant role in the success of drug trafficking in this region. In spite of these facts, many individual countries still lack laws that criminalize crucial aspects of money laundering. Additionally, many countries have stringent bank secrecy laws that enable drug traffickers to easily hide their illegally acquired funds. So long as stringent banking laws exist in some countries, money laundering operations can thrive. This Note analyzes existing international schemes to combat money laundering. The Inter- American Drug …

Terrorism, Territorial Sovereignty, And The Forcible Apprehension Of International Criminals Abroad, Jimmy Gurule

UC Law SF International Law Review

In United States v. Alvarez-Machain, 112 S. Ct 2188 (1992), the United States Supreme Court held that the nonconsensual abduction of a Mexican citizen from Mexican territory by U.S. law enforcement officers did not violate the U.S.-Mexico extradition treaty. The Supreme Court reaffirmed the long-standing Ker-Frisbie doctrine that jurisdiction over the defendant is not impaired when the defendant is forcibly abducted abroad and is brought before the court, and upheld the Court's jurisdiction over respondent Alvarez- Machain.

The Alvarez-Machain decision has sparked a firestorm of international controversy. The opinion has been denounced by foreign governments throughout Latin America and widely …

Lessons For The European Community From The Indian Experience With Federalism, Shivadev Shastri

UC Law SF International Law Review

As the European Community (EC) moves toward the goal of a unified Europe, it faces the challenge of evolving its institutions to accommodate its vast diversity while providing a foundation upon which a European unity can be fostered. India with a federal system encompassing pluralistic forces as diverse and complex as those of the EC, provides valuable lessons for the EC as the EC embarks upon the road to political and economic union. This Note explores the two different approaches to federalism embodied in EC and Indian efforts. The author compares the institutional features of the two systems, particularly discussing …

Consumer Protection Laws In South America, Robert G. Vaughn

UC Law SF International Law Review

Since 1990, a number of South American countries have adopted comprehensive consumer protection codes. Several more South American countries are currently considering proposals for consumer protection statutes. This Article examines the development of consumer protection provisions in South America and reflects on the reasons giving rise to the recent explosion in such laws. The author evaluates the strengths and weaknesses of various approaches to consumer protection taken by these South American countries. The author argues that the increasing protections for consumers suggests a growing concern for human rights. Finally, the author explores the significance of this rapid growth in South …

Compensation For Japan's World War Ii War-Rape Victims, Karen Parker, Jennifer F. Chew

UC Law SF International Law Review

Approximately 200,000 women were tricked or abducted into slavery to provide sexual services for the Japanese Imperial Army during World War II. After nearly fifty years of silence, a growing number or these war-rape victims have come forward publicly to tell their stories. The authors describe this scheme that was established by the Japanese government and Imperial Army. The authors argue that the scheme violated fundamental principles of international law, thus attaching a right to compensation for the violations. The authors present current initiatives before the United Nations to address the issue of compensation. Examples of viable compensation schemes are …

Rudolf B. Schlesinger: Law Teacher Summa Cum Laude, Ray Forrester

UC Law SF International Law Review

No abstract provided.

Corporatization And Privatization Of State-Owned Enterprises: Some Australian Perspectives, Tony Greenwood, David Williamson, Jim Armitage, Gary Rumble

UC Law SF International Law Review

No abstract provided.

Telecommunications Privatizations: An Overview, Thomas J. Casey, Simone Wu

UC Law SF International Law Review

No abstract provided.

Secured Transactions In Poland: Practicable Rules, Unworkable Monstrosities, And Pending Reforms, Lech Choroszucha

UC Law SF International Law Review

In an effort to facilitate development of a free market system and attract foreign investment, Poland has embarked on a program to privatize its banking industry. Consequently, there has been considerable international interest in entering the Polish banking market. The ability to secure credits will play an important role in a foreign bank's decision of whether to launch Polish operations. Unfortunately, current Polish secured transactions laws are inadequate and do not offer the same legal protection as do laws in the West. The Polish Civil Law Reform Commission has recognized a need to reform secured transactions laws and has prepared …

Privatization And Performance, Mary M. Shirley

UC Law SF International Law Review

No abstract provided.

Privatization In One Country: Foreign Investment And The Russian Privatization Dynamic, Richard C. Schneider Jr.

UC Law SF International Law Review

No abstract provided.

Privatization Of State-Owned Enterprises In Poland, Jerzy Rajski

UC Law SF International Law Review

No abstract provided.

Charting The Future Of Historic Shipwreck Legislation In California: Application Of The English Model In The Salvage Of The Brother Jonathan, Robert Miller

UC Law SF International Law Review

Salvors and states have been locked in a battle over the salvage of historic shipwrecks. States are interested in protecting the archaeological significance of historic shipwrecks. Salvors, in contrast, are interested in finding treasure and bringing it to the surface by the most cost effective method possible. States wish to have claims to wrecks found in their waters litigated in state court. Salvors wish to be heard in the more liberal federal admiralty courts. In order to solve this problem, Congress adopted the Abandoned Shipwreck Act which vested title to abandoned wrecks in the states. However, this Act may be …