International Law Commons^™

European Competition Law: Managing The "Chameleon" Of Antitrust - Technology Joint Ventures, A. Lynne Puckett

Maryland Journal of International Law

No abstract provided.

Sawing Off The Third Branch: Precluding Judicial Review Of Anti-Dumping And Countervailing Duty Assessments Under Free Trade Agreements, Barbara Bucholtz

Maryland Journal of International Law

No abstract provided.

A Violation Of Jus Cogens Norms As An Implicit Waiver Of Immunity Under The Federal Sovereign Immunities Act, Thora A. Johnson

Maryland Journal of International Law

No abstract provided.

U.S. Copyright Law And Its Extraterritorial Application: Subafilms, Ltd. V. Mgm-Pathe Communications, Patricia Scahill

Maryland Journal of International Law

No abstract provided.

Global Ostracism Of Hiv-Positive Aliens: International Restrictions Barring Hiv-Positive Aliens, Sarah N. Qureshi

Maryland Journal of International Law

No abstract provided.

The Applicability Of Nepa To Nafta: Law, Politics, Or Economics?, Taunya L. Mclarty

Maryland Journal of International Law

No abstract provided.

Survey Of International Law

Maryland Journal of International Law

No abstract provided.

Matusevitch V. Telnikoff: The First Amendment Travels Abroad, Preventing Recognition And Enforcement Of A British Libel Judgment, Rachel B. Korsower

Maryland Journal of International Law

No abstract provided.

The Preliminary Ruling Procedure And The United Kingdom, Carl Otto Lenz, Gerhard Grill

Fordham International Law Journal

The agenda I propose for tonight's talk is both more specific and limited. I intend to look at the preliminary ruling procedure under Article 177 of the EC Treaty and how it is used by the legal community in the United Kingdom. In so doing, I shall draw comparisons to the practice in other major Member States in the Community. My views are of course based on the experience I have gained in my function as a member of the Court in Luxembourg. I would, therefore, be very much interested to learn whether they are shared by the legal community …

Nuclear Testing: New Zealand And France In The International Court Of Justice, Don Mackay

Fordham International Law Journal

This article discusses the action taken by New Zealand following Jacques Chirac’s announcement that France would conduct a series of eight nuclear weapons tests in the South Pacific. New Zealand eventually took its complaints to the ICJ and requested that their case from 1973-1974 regarding weapons testing be reopened.

The Subsidiarity Principle In European Union Law--American Federalism Compared, W. Gary Vause

Case Western Reserve Journal of International Law

No abstract provided.

Volume 27 Issue 2 (1995), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

Iucn's Proposed Covenant On Environment & Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This article examines the genesis and scope of the IUCN draft Covenant. It (a) describes IUCN's interest and experience in preparing the proposed draft Covenant; (b) analyzes the roles the draft Covenant can serve; and (c) identifies some illustrative precedents for the Articles of the draft Covenant.

A Convention On Biological Diversity--An Efficient Framework For The Preservation Of Life On Earth?, Daniel T. Jenks

Northwestern Journal of International Law & Business

On June 5, 1992, the Convention on Biological Diversity was introduced for signature at the so-called "Earth Summit" in Rio de Janeiro. The Convention was one of four international agreements proposed at the Earth Summit. The Convention's explicit objectives are to conserve the Earth's biological diversity (or "biodiversity") for future generations, to exploit this biodiversity in a sustainable way and to share the benefits of biodiversity in a fair and equitable manner. Biological diversity is defined as "the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which …

Latin American Debt Obligations In The 1990s: Risk Strategies: Remedies And Judicial Enforcement, Lee C. Buchheit, Emilio Cardenas, Antonio Mendes, Thomas Heather

Northwestern Journal of International Law & Business

This is a discussion of debt obligations in Latin America and how the symposium panelists would have advised there clients.

Restructuring Strategies For Mexican Eurobond Debt, Duncan N. Darrow, Peter V. Darrow, Douglas A. Doetsch, Miguel Jauregui-Rojas

Northwestern Journal of International Law & Business

Unless the international capital markets become widely receptive to refinancing Mexican Eurobonds, by early to mid 1996, the holders of these Eurobonds - Mexico's new "bondholder constituency" - may find themselves at the center of a restructuring process encompassing a significant portion of the $13 billion of Eurobond debt outstanding. This article discusses strategies for restructuring.

The International Style In Postwar Law And Policy: John Jackson And The Field Of International Economic Law, David Kennedy

American University International Law Review

No abstract provided.

A Comparison Of Partnership Income Taxation In The United States And Germany: A Study In Differences, Walter D. Schwidetzky

American University International Law Review

No abstract provided.

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 …

International Protection Of The Rights Of The Indigenous Child, Cynthia Price Cohen

St. Thomas Law Review

No abstract provided.

Sovereignty And Treaty Rights - We Remember, G. Peter Jemison

St. Thomas Law Review

No abstract provided.

American Indian Treaties And Modern International Law, Siegfried Wiessner

St. Thomas Law Review

No abstract provided.

Restoration Of The Independent Nation State Of Hawaii Under International Law, Francis Anthony Boyle

St. Thomas Law Review

No abstract provided.

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 …

International Ethics For A New Era: The Problem Of The Kind World Policeman, Fernando R. Tesón

Michigan Journal of International Law

Review of American Hegemony: Political Morality in a One-Superpower World by Lea Brilmayer