International Law Commons^™

Vengeance Is Whose?: The Death Penalty And Cultural Relativism In International Law, James H. Wyman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Merger Control In The United States And European Union: How Should The United States' Experience Influence The Enforcement Of The Council Merger Regulation?, Sergio Baches Opi

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Turbot Wars: Straddling Stocks, Regime Theory, And A New U.N. Agreement, Jamison E. Colburn

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Mexico-United States Extradition And Alternatives: From Fugitive Slaves To Drug Traffickers - 150 Years And Beyond The Rio Grande's Winding Courses, Bruce Zagaris, Julia Padierna Peratta

American University International Law Review

No abstract provided.

Trademark Law On The Internet - Will It Scale? The Challenge To Develop International Trademark Law, 16 J. Marshall J. Computer & Info. L. 3 (1997), David W. Maher

UIC John Marshall Journal of Information Technology & Privacy Law

The author states that the rapid growth of the Internet has caused a serious collision between the efficient functioning of Domain Name Systems and the claims of trademark owners. U.S. Courts have recognized that domain names can have trademark implications. Trademarks are important because organizations responsible for allocation and registration of domain names must take trademarks and trademark law into account. The International Trademark Association (INTA) sets forth principles that should apply to the use of trademarks in the Domain Name System. The author's comment focuses on how to accommodate the interests and rights of trademark owners in the DNS …

Orderly Expansion Of The International Top-Level Domains: Concurrent Trademark Users Need A Way Out Of The Internet Trademark Quagmire, 15 J. Marshall J. Computer & Info. L. 521 (1997), David B. Nash

UIC John Marshall Journal of Information Technology & Privacy Law

Organizations that want to conduct business on the Internet have to register with Network Solutions, Inc. (NSI). The Internet was created as a network designed by the Defense Department to test a fail safe network. The National Science Foundation connects to the Internet five supercomputing centers, which connects most public colleges to the Internet. The World Wide Web was the first service that was opened to individuals and for commercial use. Commercial success on the Internet depends on the ease with which consumers can find the organization on-line. If the company has established good will in the public, the company …

Empire Forgotten: The United States's Colonization Of Puerto Rico, Ediberto Román

Faculty Publications

This Article tells a story of two countries: the first, a world power through its noble proclamations concerning human rights, led the charge for the recognition of a people's right to choose their political and socio-economic future; the second, because of its domination by the first, has been unable to have its people choose their political and socio-economic future. 10 In analyzing this relationship, this Article demonstrates how the United States, by denouncing imperialism while at the same time quietly enjoying its benefits, resembles the "colonizer who refuses."

The Developing Jurisprudence Of The Rights Of The Child - Contributions Of The Hague Conference On Private International Law, Peter H. Pfund

ILSA Journal of International & Comparative Law

I would like this morning to discuss with you three multilateral treaties produced since 1980 by the international organization known as the Hague Conference on Private International Law

Institutionalist Theory And International Legal Scholarship, William J. Aceves

American University International Law Review

No abstract provided.

The Utility Of International Law For Protecting Women's Health Rights, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

There is one area, however, where international law seems to hold promise; certain cultural practices that pose special, direct threats to the lives and health of women (although male infants and children often share women's vulnerability in this regard). I have in mind sexual slavery, coercive prostitution and pornographic exploitation, rape, compulsory marriage, coerced impregnation and its converse, coerced abortion and sterilization; spousal abuse, dowry deaths and coerced suicide, female infanticide and sex-specific abortion. All of these practices are the product not of microbes, poor hygiene, or a lack of health care, but of deliberate human behavior. All these practices …

Beyond Marking: Country Of Origin Rules And The Decision In Cpc International, 31 J. Marshall L. Rev. 179 (1997), Donna L. Bade

UIC Law Review

No abstract provided.

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 …

Indigenous Peoples And International Law: The Case Of Ecuador, Francisco Lopez Bermudez

St. Thomas Law Review

The present Article focuses on the study of international law and indigenous peoples with a special reference to the practice of the State of Ecuador in this regard. For the sake of brevity, only the work of the international community since the establishment of the United Nations will be taken into consideration.

Capital Market Development In The Emerging Markets: Time To Teach An Old Dog Some New Tricks, Celia R. Taylor

Sturm College of Law: Faculty Scholarship

No abstract provided.

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 …

Immigration Laws As Instruments Of Discrimination: Legislation Designed To Limit Chinese Immigration Into The United Kingdom, Richard Klein

Scholarly Works

No abstract provided.

International Application Of The National Environmental Policy Act, Wayne J. Carrol

ILSA Journal of International & Comparative Law

In 1969, Congress passed the National Environmental Policy Act (NEPA)' with the objective of causing governmental agencies to consider environmental impact in their decision-making. Questions arose early regarding who had standing to initiate judicial review under the Act, and what the proper scope was for consideration of environmental effects of agency actions.

Health-Care Access For The Elderly Of Industrialized Nations: Fallen And Can't Get Up?, Joann Babiak

ILSA Journal of International & Comparative Law

Canada, and England have developed and funded national health programs in keeping with this entitlement philosophy. The United States government, though stopping short of providing every citizen health-care access as a right,' has entitled various groups through federally funded programs.

A Defense Of Unilateral Or Multi-Lateral Intervention Where A Violation Of International Human Rights Law By A State Constitutes An Implied Waiver Of Sovereignty, Mitchell A. Meyers

ILSA Journal of International & Comparative Law

This paper seeks to defend United States intervention in states that violate international human rights law. To explain the modem framework behind the legal justifications for intervention, it is necessary to review the historical development of international human rights law, the concept of sovereignty, and the continuing conflict between the two principles.

Circumnavigating International Space Law, Ty S. Twibell

ILSA Journal of International & Comparative Law

Man's exploration of space is often analogized to his exploration of the ancient oceans. Ancient sea-explorers faced obstacles of uncharted oceans and land. They also faced difficulties in finding the means and financing to make their discoveries. Space industrial development suffers difficulties as well, however, many of the difficulties are legal obstacles.

Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

The arms embargo has deprived Bosnia-Hercegovina of the right of legitimate self-defense. It has caused the destruction of the country, deepened the war and caused genocide.

Throw Them To The Wolves: Asylum And Asylum Law, Enid H. Adler

ILSA Journal of International & Comparative Law

This paper may raise more questions than it answers. The plight and saga of the ship Golden Venture, Chinese and specific case studies will be employed to illustrate the issues addressed. Space limits this paper to an overview of the topic.