International Law Commons^™

Charting The Law Of Maritime Boundaries, W. P. Gormley

Vanderbilt Journal of Transnational Law

When faced with disputes concerning maritime boundaries, one must analyze an array of materials, including: unilateral state practices, bilateral boundary agreements, multilateral regional conventions, the major international conventions--particularly the Law of the Sea Conventions of 1958 and the 1982 United Nations Law of the Sea Convention -- and customary international law. Beyond question, this huge corpus of material appears overwhelming to most practitioners and scholars when they attempt to resolve maritime disputes. Faced with such a daunting task, scholars, practitioners, and judges may want to consult International Maritime Boundaries, a brilliantly executed research project that analyzes 134 maritime boundaries. The …

A Rejoinder, Jonathan R. Macey

Cardozo Law Review

In a rare moment of self-restraint, I resolved not to bother to write a comment to David Ratner's spirited but unconvincing reply to my earlier article in the Cardozo Law Review. Since Ratner's response contained no defense whatsoever of the work of the Securities and Exchange Commission ("SEC"), no criticism whatsoever of my general theory of agency obsolescence, and no theory of its own to defend the SEC, it seemed to me at first that the best course of action was to allow Ratner's reply to serve as its own refutation.

Justice On The Far Side Of The World: The Continuing Problem Of Misconduct By Civilians Accompanying The Armed Forces In Foreign Countries, Thomas G. Becker

UC Law SF International Law Review

This Article examines the legal challenge presented when civilians who accompany the United States military at its bases in foreign countries commit misconduct. American overseas posts have large numbers of civilian family members, U.S. employees, and contractors. The Article discusses the historical application of military law to such persons, recent proposals to extend Tire 18 of the United States Code to certain offenses committed by civilians overseas, and issues raised by proposed legislation.

The History, Development And Changing Environment Of Protecting Computer Software Against Copyright Violation In Brazil, Theodore G. Bryant

Global Business & Development Law Journal

No abstract provided.

United States-Mexico Income Tax Treaty: Relief From Double Taxation, The, Christian A. Ameri

Global Business & Development Law Journal

No abstract provided.

Selected Aspects Of Japanese Intellectual Property Law, Frank X. Curci, Tamotsu Takura

Global Business & Development Law Journal

No abstract provided.

What The Principle Of Self-Determination Means Today, Mitchell A. Hill

ILSA Journal of International & Comparative Law

The right of all peoples to self-determination has been one of the most vigorously promoted and widely accepted contemporary norms of international law. There is no clear consensus, however, as to what the meaning and content of that right is, and it has gained the distinction of "being one of the most confused expressions in the lexicon of international relations.

International Legal Sources And Global Environmental Crises: The Inadequacy Of Principles, Treaties, And Custom, Krista Singleton-Cambage

ILSA Journal of International & Comparative Law

The deterioration of the earth's physical environment presently represents a phenomenon which international society has never faced before. The current legal and political approach to global environmental crises appears largely inadequate as an effective response to this deterioration. International law, due to its very foundations, is unable to cope with global environmental degradation as it does not provide a clear and compelling direction for states to work collectively toward a common goal.

Human Rights Provisions Of The U.N. Charter: The History In U.S. Courts, Jo L. Southard

ILSA Journal of International & Comparative Law

American law schools use appellate court decisions to teach the implementation and progression of the law. Typically, the first case in a series will stand for the proposition that a plaintiff is entitled to a certain right. A later case demonstrates that a subsequent plaintiff is also entitled to the right. After a number of cases are presented, the student is expected to understand the law, policy, doctrine or test that applies to situations revolving around the right.

International Environmental Law: The Impact And Implications Of Municipal Environmental Law, Harry H. Almond Jr.

ILSA Journal of International & Comparative Law

States universally claim access to authority and control over events and persons. States exercise power within their territories primarily to maintain and promote public order, protect their assets and wealth, and ensure the public safety. The end result of these actions is law. The operational element of law involves combinations invoking cooperation, reciprocity in treatment and behavior, and dispute management and settlement.

The International Effort To Control The Transboundary Movement Of Hazardous Waste: The Basel And Bamako Conventions, Daniel Jaffe

ILSA Journal of International & Comparative Law

In 1986, a ship named the Khian Sea set sail from Philadelphia carrying nearly 14,000 tons of toxic incinerator ash.' The ship was unable to dispose of the ash at her first destination, the Bahamian port of Ocean Cay. The ship then went to Honduras, Panama, and Guinea-Bisseau, only to be rejected.'

International Transfer Pricing Rules: Unconventional Wisdom, Eugene E. Lester

ILSA Journal of International & Comparative Law

In the sixteenth century, the Spanish Empire was larger and "more powerful than any other European state since the Roman Empire.", A historian of that time period said, "[t]he sun never sets on the dominion of the King of Spain." Tax historian Charles Adams asserted that Imperial Spain's failure to reform its tax system significantly contributed to its demise

Why Teach International Family Law In Conflicts?, William L. Reynolds

Faculty Scholarship

[The author] sets forth a challenge to conflicts professors: to teach international family law in their conflict of laws classes. At present, many conflicts professors avoid teaching international family law, in part because the study of this subject is complicated by several statutes addressing particularly difficult issues. Ignorning international family law is unwise, because many United States citizens and lawyers are likely to confront such problems.

The Exclusion Of Hiv-Positive Aliens: United States Immigration Policy And International Human Rights Law, Margaret Benenati

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Resolution Of International Commercial Disputes Under The Auspices Of The Icc International Court Of Arbitration, Eric A. Schwartz

UC Law SF International Law Review

No abstract provided.

What I Tell You Three Times Is True: U.S. Courts And Pre-Award Interim Measures Under The New York Convention, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.

Recklessness As Scienter In Corporate Securities Trading: An Analysis And Evaluation Of United States Investor Protection Policy Reforms And Their Implications For The Commonwealth Caribbean, Stephen J. Leacock

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Shamrock And The Crown: A Historic Analysis Of The Framework Document And Prospects For Peace In Ireland, Ronald A. Christaldi

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Intolerant Democracies, Gregory H. Fox, Georg Nolte

Law Faculty Research Publications

International law is increasingly concerned with national transitions to democratic government. The holding of free and fair elections alone, however, provides no guarantee that a democratic system will become firmly established and capable of resisting challenges by anti-democratic actors. The question thus arises of how intolerant a democracy may become toward such actors in order to preserve itself without relinquishing the claim of being democratic. This problem has arisen on a number of occasions, perhaps the most dramatically upon the cancellation of the second round of the Algerian elections in early 1992.

This Article explores the legal issues raised by …

Volume 8, Issue #2 - Table Of Contents, University Of The Pacific, Mcgeorge School Of Law

Global Business & Development Law Journal

No abstract provided.

Bankruptcy Behind The Great Wall: Should U.S. Businesses Seeking To Invest In The Emerging Chinese Market Be Wary?, Steven L. Seebach

Global Business & Development Law Journal

No abstract provided.

Including Local Communities In The Negotiation Of Mining Agreements: The Ok Tedi Example, Heather G. White

Global Business & Development Law Journal

No abstract provided.

The Transformation Of The Role Of The State In Monitoring Large Firms In Russia: From The State's Supervision To The State's Fiduciary Duties, Andrei A. Baev

Global Business & Development Law Journal

No abstract provided.

Hungary: Securities On The Forefront Of Revitalization, Akos G. Foty

Global Business & Development Law Journal

No abstract provided.

Quixote At The Crossroads: The Present Structure And Future Prospects Of The Spanish Labor And Employment Law Scheme, James Ottavio Castagnera, Miquel Angel Martinez Conde

Global Business & Development Law Journal

No abstract provided.

Patent Protection In Vietnam: A Business Decision, Rory J. Radding, H.T. Than

Global Business & Development Law Journal

No abstract provided.

Vietnam's Labor Law: Can Labor Peacefully Coexist With Foreign Investment, Economic Development, And Structural Reform, Paul B. Walsh

Global Business & Development Law Journal

No abstract provided.

United States Foreign Banking And Investment Opportunities: Branching Out To The Russian Federation, Susanna V. Pullen

Global Business & Development Law Journal

No abstract provided.

Residency Requirements And Taxation Consequences For Individual Investors In The Foreign Stock Markets Of Canada, Mexico, And The United Kingdom, Jeffrey R. Ahronian

Global Business & Development Law Journal

No abstract provided.

Compulsory Patent Licensing In Mexico In The 1990'S: The Aftermath Of Nafta And The 1991 Industrial Property Law, Rafael V. Baca

Global Business & Development Law Journal

No abstract provided.