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1997

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Articles 361 - 390 of 510

Full-Text Articles in International Law

Voluntary Bonds: The Impact Of Habitat Ii On U.S. Housing Policy, Janet Stearns Jan 1997

Voluntary Bonds: The Impact Of Habitat Ii On U.S. Housing Policy, Janet Stearns

Articles

No abstract provided.

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Signals, Threats, And Deterrence: Alive And Well In The Taiwan Strait, Glenn R. Butterton Jan 1997

Signals, Threats, And Deterrence: Alive And Well In The Taiwan Strait, Glenn R. Butterton

Articles

Taiwan held its first democratic presidential elections in March 1996, which motivated mainland China to stage large scale contemporaneous war games in the Taiwan Strait and aim unusually belligerent rhetoric at Taipei. The United States responded by deploying substantial naval forces in the area. After examining this confrontation between China, Taiwan, and the United States in terms of the 1979 Taiwan Relations Act, international law, and non-nuclear deterrence theory, the author presents a novel analysis of indirect deterrence communication between the United States and China

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Equilibrium Theory, The Ficas Model, And International Banking Law, Raj Bhala Jan 1997

Equilibrium Theory, The Ficas Model, And International Banking Law, Raj Bhala

Faculty Publications

No abstract provided.

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Taming Shiva: Applying International Law To Nuclear Operations, Charles J. Dunlap Jr. Jan 1997

Taming Shiva: Applying International Law To Nuclear Operations, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

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Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline Morris Jan 1997

Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline Morris

Faculty Scholarship

During three months in 1994, genocide was committed in Rwanda. Two years after those events, and notwithstanding efforts at both national and international levels to bring the perpetrators to justice, the first case has yet to go to trial. Over the past months, I have worked closely with the government of Rwanda on justice issues in the course of a research project that I am doing on the role of national and international tribunals in the former Yugoslavia, Ethiopia, and Rwanda. I would like to share with you some observations arising from that work. I will examine the approaches to …

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East Asian Capital Markets, Toyoo Gyohten Jan 1997

East Asian Capital Markets, Toyoo Gyohten

Fordham International Law Journal

Speech given at Session 1: The Global Capital Market: What's Next. Toyoo Gyohten discussed observations on the problems and future prospect of the Asian capital market. He describes the growth of the East Asian markets and measures to strengthen the systems.

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Globalization Of Human Rights Law, Jerome J. Shestack Jan 1997

Globalization Of Human Rights Law, Jerome J. Shestack

Fordham International Law Journal

Speech given at Session 4: The Legal Profession and Human Rights. Jerome Shestack explains what is intended by “globalization” of human rights. The term embraces more than the standards themselves and includes the process by which human rights implementation takes place on a global level, the range of those who advocate international human rights, the potential for a meaningful international human rights judicial system, and the role of human rights in the calculus of international relations. He article touches on all of these areas.

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The De-Constitutionalization Of Property Rights: Castro's Systematic Assault On Private Ownership In Cuba, Nicolás J. Gutiérrez Jr. Jan 1997

The De-Constitutionalization Of Property Rights: Castro's Systematic Assault On Private Ownership In Cuba, Nicolás J. Gutiérrez Jr.

University of Miami International and Comparative Law Review

No abstract provided.

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International Law, Human Rights, And Latcrit Theory, Elizabeth M. Iglesias Jan 1997

International Law, Human Rights, And Latcrit Theory, Elizabeth M. Iglesias

University of Miami Inter-American Law Review

No abstract provided.

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North American Free Trade Agreement's Chapter Eleven, José E. Alvarez Jan 1997

North American Free Trade Agreement's Chapter Eleven, José E. Alvarez

University of Miami Inter-American Law Review

No abstract provided.

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Civil And Political Rights-An Introduction, Berta E. Hernández-Truyol Jan 1997

Civil And Political Rights-An Introduction, Berta E. Hernández-Truyol

University of Miami Inter-American Law Review

No abstract provided.

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Intersections Between Latcrit Theory And Law And Development Studies, Enrique R. Carrasco Jan 1997

Intersections Between Latcrit Theory And Law And Development Studies, Enrique R. Carrasco

University of Miami Inter-American Law Review

No abstract provided.

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Critical Race Feminism And International Human Rights, Adrien Katherine Wing Jan 1997

Critical Race Feminism And International Human Rights, Adrien Katherine Wing

University of Miami Inter-American Law Review

No abstract provided.

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The Transformative Potential Of A Secondary Market: Emerging Markets Debt Trading From 1983 To 1989, Ross P. Buckley Jan 1997

The Transformative Potential Of A Secondary Market: Emerging Markets Debt Trading From 1983 To 1989, Ross P. Buckley

Fordham International Law Journal

This Article chronicles the evolution of the secondary market in the debt of less developed countries, now known as Emerging Markets, in its first six years of development. The secondary market was important because it provided the debt for use in debt-equity swaps and debt buy-backs and facilitated portfolio adjustment by banks and other measures that helped to lessen the burdens of the crisis on creditors and debtors. The Article goes through the chronology of the development of the Emerging Markets, emphasizing the key events and factors contributing to its development and the evolving characteristics of the market.

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Addressing Human Rights Abuses: Truth Commissions And The Value Of Amnesty, Naomi Roht-Arriaza, Peter A. Schey, Dinah L. Shelton Jan 1997

Addressing Human Rights Abuses: Truth Commissions And The Value Of Amnesty, Naomi Roht-Arriaza, Peter A. Schey, Dinah L. Shelton

Faculty Scholarship

No abstract provided.

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Empire Forgotten: The United States's Colonization Of Puerto Rico, Ediberto Roman Jan 1997

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

Villanova Law Review (1956 - )

No abstract provided.

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The Helms-Burton Act And Transnational Legal Process, William S. Dodge Jan 1997

The Helms-Burton Act And Transnational Legal Process, William S. Dodge

UC Law SF International Law Review

Since its April 1996 passage, the Helms-Burton Act has raised the controversial issue of prescriptive jurisdiction over foreign companies through domestic legislation. The Act has two stated purposes: first, to speed the replacement of the Castro regime with a democratic government in Cuba; and second, to protect the rights of U.S. nationals whose property was expropriated by the Cuban government. Titles I and II address the first stated goal by implementing certain restrictions on the executive office in its relations with and regarding Cuba. Titles IMI and IV address the second stated goal. Title III, in particular, garners the most …

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International Commercial Transactions: 1996, Peter Winship Jan 1997

International Commercial Transactions: 1996, Peter Winship

Faculty Journal Articles and Book Chapters

The year 1996 was a quiet one in the world of international commercial law. The principal accomplishment was the adoption of a Model Law on Electronic Commerce, but progress was also made on several international secured transactions projects. The following survey focuses on these and other projects that touch on subject matter within the scope of the Uniform Commercial Code.' As in the past,2 the survey examines completed projects, pending projects, and proposed projects before the U.N. Commission on International Trade Law (UNCITRAL), the International Institute for the Unification of Private Law (UNIDROIT), and the Organization of American States (OAS).3 …

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Developing Countries, Regional Organizations, And The Iso 14001 Environmental Management Standard, Naomi Roht-Arriaza Jan 1997

Developing Countries, Regional Organizations, And The Iso 14001 Environmental Management Standard, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

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International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta Jan 1997

International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta

LLM Theses and Essays

The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …

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Developing A "Transnational" Law For International Sales: The Vienna Convention's Treatment Of Trade Usages, Ainhoa Veiga-Torregrosa Jan 1997

Developing A "Transnational" Law For International Sales: The Vienna Convention's Treatment Of Trade Usages, Ainhoa Veiga-Torregrosa

LLM Theses and Essays

The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG or Vienna Convention), conceived for worldwide acceptance, sets forth a uniform set of rules aimed at regulating some of the issues that, in an international sales contract, are likely to arise between the parties to such international transaction. The extent to which the substantive solutions that the Vienna Convention provides with the aim of filling in gaps within international sales contracts, are to achieve the standing of a predictable, global, and uniform legal background for these contracts, is the question to be treated in this paper …

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The Dispute Settlement Systems Of Wto And Nafta - Analysis And Comparison, Patrick Specht Jan 1997

The Dispute Settlement Systems Of Wto And Nafta - Analysis And Comparison, Patrick Specht

LLM Theses and Essays

The aim of this thesis is to determine whether the dispute settlement institutions of the WTO and the NAFTA meet the standard, to compare the two systems, and to evaluate them. An issue that should be dealt with first is the question of comparability. Is it possible to compare the WTO and the NAFTA regarding their conflict resolution procedures? Or are they too different because one agreement works on the global level and the other on a regional one? Their institutions and their scope may differ, but they are still conducive to comparison because the underlying structure of these two …

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Enforcement Of International Arbitral Awards, Davd Levon Shahzadeyan Jan 1997

Enforcement Of International Arbitral Awards, Davd Levon Shahzadeyan

LLM Theses and Essays

The primary objective of this thesis is to show the proposals that have been made in order to amend the New York Convention. This study tries to analyze the problems that the proposed modifications seek to eliminate. In general these proposals were aimed at amending the Convention in order to widen the scope of application of the Convention and to eliminate the difficulties with the enforcement of arbitral awards in national courts Chapter two of this study gives a historical overview of the multilateral enforcement conventions prior to the New York Convention and a brief drafting history of the New …

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Investment Disputes And Jurisdiction Of The International Center For Settlement Of Investment Disputes (Icsid), Vakhid Yakubjanovitch Saparov Jan 1997

Investment Disputes And Jurisdiction Of The International Center For Settlement Of Investment Disputes (Icsid), Vakhid Yakubjanovitch Saparov

LLM Theses and Essays

This thesis will analyze one of the ways in which disputes arising from developed countries' investment activities in the developing countries are decided. The issues of investment and disputes are of great importance to the developed countries as well as to developing countries. The scope of the issues gives rise to a multitude of questions of national and international law in an interdependent world economy. International investment attracts the close attention of international law because it brings the movement of people and financial resources from one country to another and such movement gives rise to a potential risk for conflict …

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Developing A National Coastal Zone Management Program For Venezuela, Marisol Salazar Jan 1997

Developing A National Coastal Zone Management Program For Venezuela, Marisol Salazar

LLM Theses and Essays

The primary focus of this study is to develop a National Coastal Zone Management Program for Venezuela, a moderate, comprehensive, and an effective long-term program which allows the development and protection of the Venezuelan Coastal Zone now and in the future. This program must comply with the actual Venezuelan environmental laws and its administrative mechanisms. Also, it must help to control ecological, economic, commercial, social, and human pressures on the Venezuelan coastal area. The design of this project will be based on an analysis of the extensive experience of the U.S.A. coastal states under the Coastal Zone Management Act (CZMA); …

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Legal Aspect And Problems In International American Franchise Transaction In Indonesia, Veronika Jan 1997

Legal Aspect And Problems In International American Franchise Transaction In Indonesia, Veronika

LLM Theses and Essays

The Republic of Indonesia, a country in Southeast Asia, faced serious economic problems in 1966, the total debt was (U.S.) $2.3 billion and exceeded export earnings. The government encourages the private sector to take part in this economic development since the government itself faced a scarcity of fund. The government has tried to attract private investment either domestic or foreign investor by launching the deregulation program. The purpose of this thesis is to make an argument that Indonesian franchises need protection and that it is time now for the legislative body in Indonesia to enact a franchise law. The study …

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Investing In Russian Securities: Analysis Of Capital Market Development, Mikhail Ratinov Jan 1997

Investing In Russian Securities: Analysis Of Capital Market Development, Mikhail Ratinov

Fordham International Law Journal

Russia works hard to create a capitalistic system. Although only established in 1991, Russia's securities market has already attracted a large number of foreign investors. The American financier George Soros has already invested US $1 billion in the Russian economy. Although experts agree that its potential is enormous, the newborn Russian capital market contains a significant amount of risk. This Essay shows the basic features of the development of the Russian Securities Law, analyzes the present market conditions, and shares some ideas for the near future.

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International Human Rights Law In United States Courts: Professor Riesenfeld's Contributions, Naomi Roht-Arriaza Jan 1997

International Human Rights Law In United States Courts: Professor Riesenfeld's Contributions, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

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Swapping Amnesty For Peace: Was There A Duty To Prosecute International Crimes In Haiti?, Michael P. Scharf Jan 1997

Swapping Amnesty For Peace: Was There A Duty To Prosecute International Crimes In Haiti?, Michael P. Scharf

Faculty Publications

By examining the political realities of the Haiti situation and the applicable provisions of treaty and customary law, this Article seeks to assess whether the Haitian amnesty did indeed achieve "a proper mix." To this end, the Article begins with a description of the abuses reportedly committed by Haiti's military regime and the international community's attempts to restore the democratically-elected govemment to power. Next, it explores the policy arguments for and against amnesty as applied to the Haitian situation and analyzes the scope of both the Haitian amnesty law and President Aristide's amnesty decree. This section is followed by a …

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Note, Beyond The Rhetoric Of Comparative Interest Balancing: An Alternative Approach To Extraterritorial Discovery Conflicts, Michael P. Scharf Jan 1997

Note, Beyond The Rhetoric Of Comparative Interest Balancing: An Alternative Approach To Extraterritorial Discovery Conflicts, Michael P. Scharf

Faculty Publications

In recognition of these deficiencies of comparative interest balancing, this note proposes not a better rule of law, but rather a more realistic and coherent process for extraterritorial decisionmaking in cases involving conflict between discovery and foreign blocking statutes. This note focuses on the distinction between interest balancing within the realm of "private law" and "public law." The critical difference lies in the fact that interest balancing in public law cases has operated as a means of asserting the primacy of U.S. interests'' in the guise of applying a "jurisdictional rule of reason." Although courts profess to apply a comparative …

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