International Law Commons^™

Editors' Introduction, Journal Editor

Vanderbilt Journal of Transnational Law

The following symposium contains articles based on papers presented at the Annual Meeting of the Association of American Law Schools, Section on Conflict of Laws, in New Orleans, Louisiana, January 6, 1995. The Section's program, Conflict of Laws in the Global Village: International Conflicts Issues for the General Course in Conflict of Laws, was organized by Professor Harold G. Maier of Vanderbilt University Law School, who was Chair of the Conflicts Section. The program was designed to identify and discuss current international conflict of laws issues that might fruitfully be explored in the general course on Conflict of Laws.

International Law As A Process, Louis B. Sohn

Michigan Law Review

A Review of Problems and Process: International Law and How We Use It by Rosalyn Higgins

Apr. 25, 1995, L. Summers, Under-Secretary, Memo To Secretary Rubin Re Fy 1995 Ifc Appropriation Conditions, Lawrence Summers

IFC E&S Performance Standards

No abstract provided.

The Extraordinary Counter-Majoritarian Power Of The New Supreme Court Of Nepal, Richard Stith

Law Faculty Publications

No abstract provided.

Chemical Prospecting, Biodiversity Conservation, And The Importance Of International Protection Of Intellectual Property Rights In Biological Materials, Mark A. Urbanski

Buffalo Journal of International Law

No abstract provided.

Recent Developments: Self-Determination In The Case Of Chechnya, Luke P. Bellocchi

Buffalo Journal of International Law

No abstract provided.

The African Elephant, Africa, And Cites: The Next Step, Bill Padgett

Indiana Journal of Global Legal Studies

No abstract provided.

The Hague Convention On The Civil Aspects Of International Child Abduction: Are The Convention's Goals Being Achieved?, Julia A. Todd

Indiana Journal of Global Legal Studies

No abstract provided.

National And International Copyright Liability For Electronic System Operators, Charles J. Meyer

Indiana Journal of Global Legal Studies

No abstract provided.

Children's Rights In Intercountry Adoption: Towards A New Goal, S. I. Strong

Faculty Publications

Each year, hundreds of thousands of children languish in foster or institutional care worldwide, while at the same time, thousands of adults, married and unmarried alike, are denied children because of “shortages.” How did this tragedy occur, and why does it continue to be repeated daily in countries around the world? The unfortunate truth is that many of the legal and societal norms now in place effectively prohibit needy children from finding suitable homes. While potential parents in Western countries cry out for babies of their own, millions of children live in physical and psychological poverty in underfunded orphanages around …

Portia's Daughters: The Role Of The Individual Litigant In Developing European Community Sex Discrimination Law, Holly Cullen, Andrew Charlesworth

West Virginia Law Review

No abstract provided.

Transformations Of Law And Place: Introduction To The Articles By Buchanan, Darian-Smith, Maurer, And Aman, David M. Engel

Indiana Journal of Global Legal Studies

No abstract provided.

Border Crossings: Nafta, Regulatory Restructuring, And The Politics Of Place, Ruth Buchanan

Indiana Journal of Global Legal Studies

Professor Buchanan begins her paper by questioning whether

recent economic and political shifts towards notions of

"globalization" (e.g., the NAFTA) have failed to consider the

politics or economics of change in particular places. Her prime

example of a "place" where integration is illogically forced against

a background of differentiation is the U.S.-Mexico border region.

Through the scope of a "regulatory complex" (a complex of legal,

institutional, regulatory, and social orderings), she departs from the

common view of the NAFTA as a productive tool of North American

integration, and instead views the NAFTA as exacerbating

"differences between localities, industries, and labor …

U.S. Policy Toward The New Independent States: A Pragmatic Strategy Grounded In America's Fundamental Interests, Warren Christopher

Indiana Journal of Global Legal Studies

No abstract provided.

A Global Perspective On Current Regulatory Reform: Rejection, Relocation, Or Reinvention?, Alfred C. Aman

Indiana Journal of Global Legal Studies

Dean Alfred Aman 's article addresses recent U.S.

administrations' attempts at regulatory reform and notes that as far

as the actual reforms are concerned, there are more similarities

over time than differences. The globalization of politics and

markets and manufacturing, in particular, has helped create global

political economic forces that militate in favor of various forms of

deregulation and privatization not only in the United States, but in

other western democracies as well. Dean Aman focuses on the

United States, noting that globalization has reduced the effectiveness

of local and national regulators, especially since firms are

increasinglyf ree to choose …

Legal Imagery In The "Garden Of England", Eve Darian-Smith

Indiana Journal of Global Legal Studies

Ms. Darian-Smith explores the relationship between law and the

concept of "landscapes, "which she describes as the spatial imagery

through which law is conceived and from which it draws meaning.

She first defines the complex and historically rich concept of the

"garden image," both in general and as it is seen in (and by)

England, its people, and its surrounding political, cultural, and

spatial contexts. In general terms, the garden image is injected into

issues of environmental law. Further, she notes that the garden has

been a fluid, ever-changing concept for England's society and its

developing legal system. Specifically, Darian-Smith …

Law Writing, Immigration, And Globalization In The British Virgin Islands, Bill Maurer

Indiana Journal of Global Legal Studies

In this article Mr. Bill Maurer addresses a fundamental tension

at work in the British Virgin Islands: while British Virgin Islanders

(BVIslanders) proudly term themselves a "law and order" people

and seek to distinguish themselves from other Caribbean peoples,

the territory remains as wedded as ever to its British rulers and the

West. Mr. Maurer first notes that when a colonial people begins to

view itself as essentially different from its rulers, it may begin a

concomitant move toward self-rule. He shows that while the BVI

exhibits many attributes of such a territory, BVIslanders consider

their ties to Britain a …

Great Lakes Water Quality Initiative: National Standards Governing A Binational Resource A Call For International Rulemaking, Sean P. Gallagher

Indiana Journal of Global Legal Studies

No abstract provided.

Social Legislation In The European Community And In The Member States-A Case Of Subsidiarity?, Reinhard Rack

Cardozo Journal of International and Comparative Law

The article examines the principle of subsidiarity within the European Community (EC), highlighting its role in balancing power between the EC and its Member States. While subsidiarity, formalized in the Maastricht Treaty, aims to ensure decision-making occurs at the most effective level, its application often serves political rather than legal purposes, particularly in social legislation. The article critiques the ambiguity of subsidiarity, questioning whether it effectively limits EC power or remains a political tool influenced by public opinion and referendums. It also explores the integration of non-Member States, such as EFTA countries, into the EC framework, emphasizing the challenges of …

Beyond National Law: The Neglected Role Of The International Law Of Personal Jurisdiction In Domestic Courts, Andrew L. Strauss

School of Law Faculty Publications

When one of the parties is foreign in civil personal jurisdiction cases, United States courts have assumed it appropriate to overlook international jurisdiction law and apply solely United States constitutional, statutory and common law doctrines related to jurisdiction. Courts in other countries likewise apply their own domestic doctrines of jurisdiction in international cases. Applying both positivist and normative methodologies, this article makes the theoretical case that the international law of personal jurisdiction should be applied in domestic courts.

Rediscovering Francis Lieber: An Afterword And Introduction, Michael E. Herz

Cardozo Law Review

In our media age, more and more people are famous just for being famous, rather than for any particular achievement, notorious or otherwise. We spend a good deal of time transfixed by "celebrities" known for no obvious qualities other than fame itself. Francis Lieber, once this country's most respected law professor, of whom it was written in 1873 that "his fame will be secure in the lap of history," presents the opposite case: he is forgotten despite great accomplishment. At best, one might say he is famous for being forgotten. His name comes up, but almost every modem reference to …

The Legality Of Humanitarian Intervention, Malvina Halberstam

Cardozo Journal of International and Comparative Law

The article argues that humanitarian intervention, defined as the use of force by one state in another's territory to protect individuals from imminent death or injury when the host state cannot or will not act, is lawful under customary international law and not prohibited by the UN Charter. The author advocates for a narrow definition to ensure legitimacy and prevent misuse, emphasizing that such intervention should remain permissible even without UN Security Council authorization.

Presidential Philosophies And American Foreign Policy: From The Long Telegram To The New Look, John R. Moore

History Theses & Dissertations

American foreign policy often undergoes alteration as presidential administrations change. After World War II president Harry S. Truman and President Dwight D. Eisenhower both implemented a foreign policy aimed at containing the Soviet Union, but the philosophical underpinnings of their foreign policies differed greatly. While the demands of partisan and international politics account for some of this difference, the impact on foreign policy of the two men's personalities deserves attention and investigation. In other words, how did the individual backgrounds, personal beliefs and world views of Truman and Eisenhower dictate their approach to foreign policy? The source used in this …

The Nafta Labor Side Accord In Mexico And Its Repercussions For Workers, Manuel Fuentes Muniz

Connecticut Journal of International Law

The labor laws of Mexico represent an historic conquest for its workers and the trade union movement.' The Mexican Constitution itself guarantees workers' the right of association, the right to organize and bargain collectively, the right to strike, and the eight-hour day.2 The Federal Labor Law (FLL) amplifies the constitutional protections with extended provisions protecting working conditions, health insurance, pen= sions, job descriptions, working schedules, and job security.3 Like the original Wagner Act in the United States, Mexican labor law is tutelary in nature: it is explicitly designed to protect workers against the power of owners and managers.

The historically …

Going Multilateral: The Evolution Of U.S. Hemispheric Labor Rights Policy Under Gsp And Nafta, Lance Compa

Connecticut Journal of International Law

This paper seeks to analyze the evolution of U.S. trade and labor rights policy with respect to unilateralism and multilateralism, using as points of reference the unilateral labor rights provisions of the Generalized System of Preferences, on one hand, and the multilateral approach of the European Union on the other hand. Part I discusses the principal criticisms of the unilateral approach reflected in the statutory regime described above, and offers a defense to those criticisms. Part H looks at the substantial movement of the NAFTA labor side accord and the framework it creates reflecting a multilateral approach to labor rights …

Connecticut Compendium Of International And Comparative Legal Scholarship

Connecticut Journal of International Law

Welcome to the sixth Connecticut Compendium of International and Comparative Legal Scholarship. The Compendium is a compilation of abstracts from international and comparative law journals throughout the United States. Each participating journal has supplied the Connecticut Journal of International Law with synopses of the articles and student-written materials published between Fall 1994 and Summer 1995. The issue abstracts, alphabetized by journal name, are set forth herein as they were received, without substantial editing.

Rethinking Discriminatory State Taxation Under The Foreign Commerce Clause: Kraft General Foods, Inc. V. Iowa Department Of Revenue And Finance, Leigh A. Newman

Connecticut Journal of International Law

For over a hundred years, judges have relied on the maxim that hard cases make bad law.' Justice Blackmun suggested that there is "an equally valid proposition that easy cases make bad law. Sometimes, the intuitively sensed obviousness of a case induces a rush to judgment, in which a convenient rationale is too readily embraced .... The United States Supreme Court's decision in Kraft General Foods, Inc. v. Iowa Department of Revenue and Finance3 exemplifies this proposition.4 The Court struck down a provision of the Iowa corporate tax code which seemed to be discriminatory on its face, but in fact …

The Future Of Free Trade In The Americas, Ruperto Patino Manffer

Connecticut Journal of International Law

Before expressing my personal opinions regarding the future of free trade in the Americas, permit me to recall and share with you a recent event which, in the opinion of practically all the observers and experts in this area, can be considered the most important, transcendent event for the future of the American Hemisphere including, of course, free trade and economic integration. I refer obviously to the Summit of the Americas, held this past December in Miami, Florida. The results, accords, and agreements of the Summit cannot be ignored in this symposium entitled "NAFTA at Age One: A Blueprint for …

Naalc In The Eyes Of The Beholder, David M. Helfeld

Connecticut Journal of International Law

My assignment is to comment on the five papers presented on the Labor Side Agreement.1 Part II of this essay focuses on the North American Agreement on Labor Cooperation (NAALC),2 as presented and analyzed by the five participants. Attention is also paid to the panelists' coverage of such broader themes as the relationship between the North American Free Trade Agreement (NAFTA),3 and NAALC, to past and future free trade developments, and to the linkage between promoting free trade areas and fostering worker rights and standards, but only where necessary to the evaluation of NAALC itself and to its possible future …

Reynolds V. International Amateur Athletic Federation: The Need For An Independent Tribunal In International Athletic Disputes, David B. Mack

Connecticut Journal of International Law

Harry "Butch" Reynolds, Jr. is a prominent American track and field athlete who currently holds the individual world record in the 400 meter dash.' Despite his accomplishments, Reynolds' more recent involvement in international amateur athletics has been in the courtrooms. In 1990, following a meet in Monaco, Monte Carlo, Reynolds was suspended by the International Amateur Athletic Federation (IAAF), the world governing body for track and field, after his urine sample tested positive for steroids. What transpired over the next four years was a vicious legal battle between an athlete determined to clear his name and compete, and an international …