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International Law Commons

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1997

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Institution
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Articles 241 - 270 of 510

Full-Text Articles in International Law

Compensable Damages Revisited Under The Warsaw Convention: Zicherman V. Korean Air Lines, A New Look At Loss Of Society, Michelle M. Ressler Jan 1997

Compensable Damages Revisited Under The Warsaw Convention: Zicherman V. Korean Air Lines, A New Look At Loss Of Society, Michelle M. Ressler

University of Miami International and Comparative Law Review

No abstract provided.


Trade-Based Constitutionalisms: The Framework For Universalizing Substantive International Law?, Brian F. Fitzgerald Jan 1997

Trade-Based Constitutionalisms: The Framework For Universalizing Substantive International Law?, Brian F. Fitzgerald

University of Miami International and Comparative Law Review

No abstract provided.


Constitutional "Refolution" In The Ex-Communist World: The Rule Of Law Jan 1997

Constitutional "Refolution" In The Ex-Communist World: The Rule Of Law

American University International Law Review

No abstract provided.


Why The Oslo Accords Should Be Abrogated By Israel, Louis René Beres Jan 1997

Why The Oslo Accords Should Be Abrogated By Israel, Louis René Beres

American University International Law Review

No abstract provided.


The Oslo Accords: More Than Israel Deserves, John Quigley Jan 1997

The Oslo Accords: More Than Israel Deserves, John Quigley

American University International Law Review

No abstract provided.


Response To John Quigley, Louis René Beres Jan 1997

Response To John Quigley, Louis René Beres

American University International Law Review

No abstract provided.


Between Diversity And Disorder: A Review Of Jorri C. Duursma, Fragmentation And The International Relations Of Micro-States: Self-Determination And Statehood, Thomas D. Grant Jan 1997

Between Diversity And Disorder: A Review Of Jorri C. Duursma, Fragmentation And The International Relations Of Micro-States: Self-Determination And Statehood, Thomas D. Grant

American University International Law Review

No abstract provided.


Affirmative Action, A Look At South Africa And The United States: A Question Of Pigmentation Or Leveling The Playing Field?, Lundy R. Langston Jan 1997

Affirmative Action, A Look At South Africa And The United States: A Question Of Pigmentation Or Leveling The Playing Field?, Lundy R. Langston

American University International Law Review

No abstract provided.


Freedom Of Information: Will Blair Be Able To Break The Walls Of Secrecy In Britain?, Debra L. Silverman Jan 1997

Freedom Of Information: Will Blair Be Able To Break The Walls Of Secrecy In Britain?, Debra L. Silverman

American University International Law Review

No abstract provided.


The New Commercial Code Of The Czech Republic, 30 J. Marshall L. Rev. 699 (1997), Josef Bejcek Jan 1997

The New Commercial Code Of The Czech Republic, 30 J. Marshall L. Rev. 699 (1997), Josef Bejcek

UIC Law Review

No abstract provided.


United States, Puerto Rico, And The Territorial Incorporation Doctrine: Reaching A Century Of Constitutional Authoritarianism, 31 J. Marshall L. Rev. 55 (1997), Gabriel A. Terrasa Jan 1997

United States, Puerto Rico, And The Territorial Incorporation Doctrine: Reaching A Century Of Constitutional Authoritarianism, 31 J. Marshall L. Rev. 55 (1997), Gabriel A. Terrasa

UIC Law Review

No abstract provided.


Globalizing Sanctions Against Foreign Bribery: The Emergence Of A New International Legal Consensus, David A. Gantz Jan 1997

Globalizing Sanctions Against Foreign Bribery: The Emergence Of A New International Legal Consensus, David A. Gantz

Northwestern Journal of International Law & Business

Part I of the article begins with a review of the rationale and key legal ele- ments of the U.S. Foreign Corrupt Practices Act. Part II describes recent efforts by the United States to convince other governments and firms of the need for binding, enforceable and universally accepted rules against corrupt payments to foreign public officials. Parts III and IV survey the activities of various governmental organizations and major private sector groups that support international efforts to effectively discourage foreign bribery, re- spectively. The key sections, Parts V and VI, describe, analyze and critique the two major international conventions, the …


New Conventions On Extradition In The European Union: Analysis And Evaluation, G. Vermeulen, T. Vander Beken Jan 1997

New Conventions On Extradition In The European Union: Analysis And Evaluation, G. Vermeulen, T. Vander Beken

Penn State International Law Review (1982 - 2011)

No abstract provided.


News From The International War Crimes Tribunals, Brian D. Tittemore Jan 1997

News From The International War Crimes Tribunals, Brian D. Tittemore

Human Rights Brief

No abstract provided.


News From The Inter-American System, William Clark Harrell, Richard J. Wilson Jan 1997

News From The Inter-American System, William Clark Harrell, Richard J. Wilson

Human Rights Brief

No abstract provided.


Training Judges To Incorporate International Law Into Domestic Courts, Monika Talwar, Thomas Quintana Jan 1997

Training Judges To Incorporate International Law Into Domestic Courts, Monika Talwar, Thomas Quintana

Human Rights Brief

No abstract provided.


Big Six Accounting Firms Shop Worldwide For Law Firms: Why Multi-Discipline Practices Should Be Permitted In The United States, Gianluca Morello Jan 1997

Big Six Accounting Firms Shop Worldwide For Law Firms: Why Multi-Discipline Practices Should Be Permitted In The United States, Gianluca Morello

Fordham International Law Journal

This Note explores the controversy surrounding MDPs. Part I surveys the legal activities of the Big Six accounting firms. Part I then analyzes the current U.S. ethics rules governing law firm ownership, examines proposed U.S. ethics rules that were never adopted, and discusses other U.S. ethics rules related to the practice of MDPs. In addition, Part I studies England's treatment of law firm ownership and MDPs. Finally, Part I offers other reasons for the restrictive rules governing law firm ownership. Part II investigates the arguments in favor of and against MDPs. Part III argues that the current ethics rules permit …


Why Has The Fcpa Prospered, Lee C. Buchheit, Ralph Reisner Jan 1997

Why Has The Fcpa Prospered, Lee C. Buchheit, Ralph Reisner

Northwestern Journal of International Law & Business

The international reaction to the Helms-Burton Act has been fierce.7 But even while the Helms-Burton debate has been raging, an earlier iece of U.S. legislation, the Foreign Corrupt Practices Act (FCPA or Act), has garnered unexpected flattery from some of the same countries that have been so vigorous in denouncing the Helms-Burton Act. There are two pos- sible explanations for these different reactions.


Toward A Comparative Analysis Of Institutions For International Economic Integration, Joel P. Trachtman Jan 1997

Toward A Comparative Analysis Of Institutions For International Economic Integration, Joel P. Trachtman

Northwestern Journal of International Law & Business

This issue is devoted to the publication of papers presented at the 1996 annual conference of the International Economic Law Group of the American Society of International Law. This conference presented an opportunity for scholars from different countries and backgrounds, with expertise in different types of international eco- nomic integration, to assemble and compare notes. The articles in this issue represent the results of their research and discussion.


European Constitutionalism And Its Discontents, J.H.H. Weiler, Joel P. Trachtman Jan 1997

European Constitutionalism And Its Discontents, J.H.H. Weiler, Joel P. Trachtman

Northwestern Journal of International Law & Business

Traditionally, the European Community has been set apart from all other international organizations, as well as from states, and Euro- pean Community law has been distinguished from both international law and from domestic law. This was so because of the supposed unique internal structure and processes of the European Community. This "splendid isolation" is no longer viable. Increasingly in the .be- havior - and study - of other transnational organizations, polities or regimes, the European transnational experience has come to provide a model, a yardstick and a set of analytical and critical tools, and per- haps erroneously, a desideratum. While …


Science And International Regulatory Convergence, Jeffery Atik Jan 1997

Science And International Regulatory Convergence, Jeffery Atik

Northwestern Journal of International Law & Business

National regulation is frequently premised on scientific assump- tions; much of regulatory design is based on scientific findings. Con- sumer product, food and drug and workplace safety standards all depend on a scientific assessment of the risks faced by the public and of the efficacy of an adopted measure in addressing these risks. Build- ing codes, waste disposal protocols and mandated immunization of school children all proceed from the technical recommendations of the scientific community. In current Western society, a regulatory measure lacking a scien- tific basis will be subject to criticism and perhaps ridicule; it may be struck down …


Are Private Remedies In Domestic Courts Essential For International Trade Agreements To Perform Constitutional Functions With Respect To Sub-Federal Governments?, Matt Schaefer Jan 1997

Are Private Remedies In Domestic Courts Essential For International Trade Agreements To Perform Constitutional Functions With Respect To Sub-Federal Governments?, Matt Schaefer

Northwestern Journal of International Law & Business

The term constitutionalism is increasingly discussed in the context of international trade agreements. A prominent example is Professor Petersmann's writings on the constitutional functions that trade agree- ments could serve by limiting governmental discretion to take welfare- reducing protectionist measures against the long-term interests of a nation and contrary to individual economic liberty.' The absence of such protectionist constraints and foreign trade rights in domestic con- stitutions can be mitigated (and already is mitigated somewhat) through the development of international trade rules and institutions.


The Development Of Compliance Programs: One Company's Experience, Patrick J. Head Jan 1997

The Development Of Compliance Programs: One Company's Experience, Patrick J. Head

Northwestern Journal of International Law & Business

Though the FCPA is only a small portion of the coverage of corporate compliance programs, this perspective will focus on the FCPA and, to a certain extent, on other collateral impact statutes, such as securities and in- ternal revenue laws. It will not delve into related statutes, such as the over- seas reach of antitrust laws.


Book Review: Has Globalization Gone Too Far? By Dani Rodrik. Washington, D.C, Paul B. Stephan Jan 1997

Book Review: Has Globalization Gone Too Far? By Dani Rodrik. Washington, D.C, Paul B. Stephan

Northwestern Journal of International Law & Business

To this debate comes Dani Rodrik, an economist on the faculty of Har- vard's John F. Kennedy School of Government. In his brief and intriguing book, Has Globalization Gone Too Far?,2 he seeks to make the race-to-the- bottom story respectable for those who take economics seriously. Rather than preaching radical opposition to globalization, however, he proposes moderate and incremental resistance. He outlines policy responses to what he argues are legitimate concerns about the growth of the world economy, encouraging targeted trade barriers based on a demonstrated national con- sensus about legitimate and illegitimate means of production. I will begin by …


Trade Protection In The New Millennium: The Ascendancy Of Antidumping Measures, Christopher F. Corr Jan 1997

Trade Protection In The New Millennium: The Ascendancy Of Antidumping Measures, Christopher F. Corr

Northwestern Journal of International Law & Business

This article will first examine why the antidumping law will become the weapon of choice for import protection in the new millennium. It then will provide an overview of the antidumping regulatory regime, and the controversy it has engendered. Finally this article will discuss the compli- ance measures that global exporters should consider in order to avoid anti- dumping liability in the future.


Does Russia Need A Securities Law?, Greg Lumelsky Jan 1997

Does Russia Need A Securities Law?, Greg Lumelsky

Northwestern Journal of International Law & Business

The question in the title of this article is not necessarily rhetorical. Perhaps a more appropriate inquiry is, does Russia need its current securi- ties law?' The response to the titular question is, as I will argue, clearly yes. The answer to the second question is to a large extent negative. Given the prevailing economic conditions in Russia, the course of enterprise pri- vatization, and the principal institutions shaping Russian capital markets, there is good reason to think that rather than assisting the growth and en- trenchment of a market in securities, much of the current Russian securities legislation will …


The Worldwide Banning Of Schmiergeld: A Look At The Foreign Corrupt Practices Act On Its Twentieth Birthday, Stanley Sporkin Jan 1997

The Worldwide Banning Of Schmiergeld: A Look At The Foreign Corrupt Practices Act On Its Twentieth Birthday, Stanley Sporkin

Northwestern Journal of International Law & Business

Many cynics viewed the United States' attempt to ban all forms of cor- porate bribery as another example of the federal government's taking on the role of Don Quixote and tilting at windmills. While the law may not have been taken seriously when it was first enacted, it is clear that it has assumed a prominent place among our federal criminal laws. According to a recent article in the Wall Street Journal, the FCPA remains "the world's toughest law against foreign bribes."9 This article will provide background as to how the law was conceived and will discuss the law's present …


Designing An Fcpa Compliance Program: Minimizing The Risks Of Improper Foreign Payments, Daniel L. Goelzer Jan 1997

Designing An Fcpa Compliance Program: Minimizing The Risks Of Improper Foreign Payments, Daniel L. Goelzer

Northwestern Journal of International Law & Business

Every U.S. company, public or private, that conducts operations out- side of the United States should devote serious consideration to creating and implementing an Foreign Corrupt Practices Act ("FCPA" or "Act") compli- ance program. In this context, an "FCPA compliance program" means a single, documented, corporate plan designed to reduce the likelihood that the company will engage in violations of the anti-bribery provisions of the FCPA, and to detect such violations and bring them to the attention of sen- ior management, if they occur.' A well-designed compliance program has obvious importance in educating employees concerning their responsibili- ties in this …


The Limitation On Benefit Clause Of The U.S.-German Tax Treaty And Its Compatibility With European Union Law, Dietmar Anders Jan 1997

The Limitation On Benefit Clause Of The U.S.-German Tax Treaty And Its Compatibility With European Union Law, Dietmar Anders

Northwestern Journal of International Law & Business

This comment details why the limitation on benefits clause of the U.S.- German Treaty is contrary to European Union law.5 Part I describes the discriminatory situation which German companies may face and illustrates how tax treaty abuse could occur and how to prevent it. Part I also contains an introduction to the U.S.-German Treaty and provides an example of the conflict between U.S. tax treaties and European Union law. Part II analyzes in detail the Treaty's discriminatory features with respect to European Union aw and discusses potential justifications for this discrimination based on the case law of the European Court …


Defending Sec And Doj Fcpa Investigations And Conducting Related Corporate Internal Investigations: The Triton Energy/Indonesia Sec Consent Decree Settlements, Arthur F. Mathews Jan 1997

Defending Sec And Doj Fcpa Investigations And Conducting Related Corporate Internal Investigations: The Triton Energy/Indonesia Sec Consent Decree Settlements, Arthur F. Mathews

Northwestern Journal of International Law & Business

This article will summarize the foreign bribery/corrupt foreign pay- ments provisions of the FCPA, briefly survey the related books and records and internal accounting controls provisions, analyze available defenses to civil and criminal FCPA charges, and explore sensitive substantive and strategic issues that arise in the defense of SEC and DOJ/grand jury investi- gations and in the conduct of related corporate internal investigations. This article will also analyze the recent SEC consent decree settlements in the Triton Energy/Indonesia case, and explore the types of defenses that might be pursued if an FCPA foreign payments case like Triton were litigated rather …