International Law Commons^™

Expropriation Of Alien Property And The Principle Of Non-Discrimination In International Law Of Foreign Investment: An Overview, A. F. M. Maniruzzaman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Internationally Guaranteed Constitutive Order: Cyprus And Bosnia As Predicates For A New Nontraditional Actor In The Society Of States, Thomas D. Grant

Florida State University Journal of Transnational Law & Policy

The purpose of this article is to discuss two state building projects in comparative perspective--one attempted in Cyprus from 1960 to 1963, and another in Bosnia begun in 1995 and still under way. In cooperation with local parties, segments of the international community undertook in both Cyprus and Bosnia to establish constitutive structures that could accommodate mutually antagonistic ethnic groups in a single state and secure a position for the state in international society. Faced with problems similar in several essential aspects, the framers of the Bosnian constitutive structures of 1995, and their forebears in Cyprus in 1960, formulated similar …

Global Environmental Issues: The Genuine Area Of Globalization, Rudolf Dolzer

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Wall Street? Where We're Going We Don't Need Wall Street: Do Securities Regulators Stand A Chance In Cyberspace?, Neil D. Schwartz

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Amalgam In The Americas: A Law School Curriculum For Free Markets And Open Borders, Mark A. Drumbl

Scholarly Articles

Within the context of NAFTA, understanding the legal structure of other signatories requires familiarity with both common law and civil law. Although a fairly large number of civilian lawyers attend LL.M. programs in the United States, few American lawyers learn the civil law, especially the civil law of Mexico and Mexico's Latin American counterparts. Surprisingly, American and Canadian law schools have paid little attention to preparing graduates for the type of transnational legal practice that will arise under NAFTA.A lack of preparedness at the graduate college level has invariably led to “a lack of knowledge on the United States side …

Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, M. Bassiouni

College of Law Faculty

No abstract provided.

The Protection Of International Investment At The Start Of The Twenty-First Century: Will Anachronistic Notions Of Business Render Irrelevant The Oecd's Multilateral Agreement On Investment, 31 J. Marshall L. Rev. 1201 (1998), Michael P. Avramovich

UIC Law Review

No abstract provided.

Enforcing Judgments Abroad: The Global Challenge: Introduction, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Trademark Law And Parallel Imports In A Globalized World--Recent Developments In Europe With Special Regard To The Legal Situation In The United States, Carl Baudenbacher

Fordham International Law Journal

This Article discusses the historic course of recent events insofar as it first describes the Maglite decision of the European Free Trade Association Court. Second, it summarizes the opinion of the Advocate General and the judgment of the Court of Justice of the European Com- munities in the Silhouette case. Part III focuses on the development of the law in the European Union ("EU") and European Economic Area ("EEA") Member States, as well as in the EU and in the EEA before Silhouette and Maglite. In Part IV, comments are made with regard to the reasons given in Maglite …

In The Wake Of Reno V. Aclu: The Continued Struggle In Western Constitutional Democracies With Internet Censorship And Freedom Of Speech Online, Kim L. Rappaport

American University International Law Review

No abstract provided.

The Role Of Corporate Law In French Corporate Governance (Reprinted In The Legal Basis Of Corporate Governance In Publicly-Held Corporations: A Comparative Approach (A.R. Pinto & G. Visentini Eds. 1998)), James A. Fanto

Faculty Scholarship

No abstract provided.

The New German Internet Law, Lothar Determann

UC Law SF International Law Review

The creation of the Internet and other technological innovations in communications makes the issues and regulations surrounding them of increasingly international proportions. This article discusses the recent German case of Germany v. Felix Somm, which provides an example of the application of the new German Internet law. The new federal and state statutes contain provisions on many of the same topics: the liability of online providers, data protection and protection against violent and pornographic materials. The state statute regulates services that resemble and might eventually replace traditional broadcasting ("Media Services"). The federal law regulates online services that supplement and replace …

Taking Mortgages Interests In Real Property Under The Guarantee Law Of The People's Republic Of China, Brain Y. Lee

UC Law SF International Law Review

In the fall of 1995, the PRC National People's Congress adopted the Guarantee Law, along with other banking legislation, to reform its troubled financial sector. As the first national secured transaction law in the PRC, the Guarantee Law standardizes the process of taking security and provides commercial banks with a legal tool to more effectively exercise credit allocation and debt recovery against defaulting debtors.

This Note focuses on how the newly-enacted Guarantee Law impacts the procedures and process of taking mortgage interests of real property in the PRC. In particular, it explores how the local mortgage laws in Beijing, Guangzhou, …

The Common Core For European Private Law: Presented At The Third General Meeting Of The Trento Project, Hein Kotz

UC Law SF International Law Review

No abstract provided.

Everybody's Talking: The Future Of Comparative Law, P. G. Monateri

UC Law SF International Law Review

No abstract provided.

The Future Of Comparative Law: Public Legal Systems, Clifford Larsen

UC Law SF International Law Review

No abstract provided.

Comparative Law In The New European Community, George A. Bermann

UC Law SF International Law Review

No abstract provided.

The Issue Of European Civil Codification And Legal Scholarships: Biases, Strategies And Development, Ugo Mattei

UC Law SF International Law Review

No abstract provided.

Let Me In, Immigration Man: An Overview Of Intercountry Adoption And The Role Of The Immigration And Nationality Act, Stephanie Zeppa

UC Law SF International Law Review

As the number of intercountry adoptions increases, it becomes important for countries like the United States to address the immigration needs of foreign children entering the country as the sons and daughters of its residents. This note provides an overview of the history of intercountry adoption in the United States. It gives examples of how the intercountry adoption process works, using China and Russia as examples of the complexity of the current process and the interplay between foreign and domestic law. The author also analyzes the impact of the Convention on Protection of Children and Co-operation in Respect of Intercountry …

International Obligation To Prosecute Human Rights Violators: Spain's Jurisdiction Over Argentine Dirty War Participants, Julia K. Boyle

UC Law SF International Law Review

Many nations view the obligation of protecting human rights as worthy of relaxing the traditional deference to State sovereignty. They believe interference is necessary to prevent and punish human rights violators. In the 1970s and 8 b. Argentina was subject to an intense military rule. Disappearances, torture and extra-legal executions were the regime's tools of oppression, and despite Argentina's claim that those guilty of human rights violations were properly dealt with, the new democracy's measures were insufficient to conform to Argentina's legal obligations. Argentina's inaction constitutes a violation of Argentine and international law.

Hundreds of Spanish nationals were victims of …

The Rule Of Law Initiative At The United States Institute Of Peace, Charles Duryea Smith

ILSA Journal of International & Comparative Law

Thank you so much, Valerie, for the invitation to join you today. I have chosen what I think is an important part of the larger subject of Peace and Democracy: The Link and the Policy Implications; it is the rule of law.

Software Protection: Copyrights, Patents, Trade Secrets And/Or Sui Generis, Karl F. Jorda

ILSA Journal of International & Comparative Law

What is the best form of protection for software has been and still is a most unsettled and vexing - and hence very topical - issue in intellectual property (IP) law and practice.

Section 1782 Of Title 28 (U.S. Code): Is There A Discoverability Requirement?, Gregory F. Hauser

ILSA Journal of International & Comparative Law

There is an excellent, thorough, and relatively recent discussion of the issue in a student note by Peter Metis.' These remarks supplement and update that discussion.

Truth And Reconciliation Commissions, Angelika Schlunck

ILSA Journal of International & Comparative Law

Truth and reconciliation commissions have played a critical role in a number of countries that had to come to terms with a past marked by protracted conflict, civil strife, violence, and massive human rights abuse. The most widely known example is the Truth and Reconciliation Commission established in 1995 in South Africa to examine Apartheid-Era crimes.

International Law And The Implementation Of The American Bar Association Resolution Regarding The American Bar Association Resolution Regarding The Death Penalty, Ved P. Nanda

ILSA Journal of International & Comparative Law

My assignment is to consider the emerging international norms and how they might affect implementation of the American Bar Association (ABA) resolution calling for a moratorium on the imposition and enforcement of the death penalty.'

Lost In Paradise: Lobbying Strategies For Public International Law Issues, Bruce Zagaris

ILSA Journal of International & Comparative Law

Increasingly in an interconnected world, Americans and people throughout the world are encountering situations in which their human rights are abused abroad. People are traveling to exotic parts of the world that have not experienced the extent of foreign penetration. Simultaneously, the enormous gaps between wealthy and impoverished

The Federal Common Law Of Universal, Obligatory, And Definable Human Rights Norms, Derek P. Jinks

ILSA Journal of International & Comparative Law

International law is part of United States law. Indeed, international law - or the "law of nations" in eighteenth century parlance - has been considered part of United States law since the founding. The Judiciary Act of 1789, the enabling legislation of Article III, establishes federal court jurisdiction over torts committed in violation of the law of nations.

Can A State Commit A Crime? Definitely, Yes!, Alain Pellet

ILSA Journal of International & Comparative Law

As is well known, the International Law Commission (ILC) decided in 1976 to include an article in its Draft Articles on State Responsibility that makes a distinction between normal international wrongful acts, which it called delicts, on the one hand, and exceptionally grave breaches of international law which it called international crimes, on the other hand.

Ngoc Efforts Towards The Creation Of A Regional Human Rights Arrangement In The Asia-Pacific Region, Ali Mohsin Qazilbash

ILSA Journal of International & Comparative Law

I feel honored to be given an opportunity to speak at this panel on an issue which has a lot to do with a part of the world I belong to. NGOs in Asia and the Pacific have been crucial to the struggle for a regional human rights arrangement. Indeed it is they who have kept both the debate over and the struggle for an Asian human rights system alive.

Creating And Conducting In-Class Simulations In Public International Law: A Producer's Guide, Andrew L. Strauss

ILSA Journal of International & Comparative Law

I define an in-class simulation as any classroom exercise that attempts to depict real-life events. Simulations can be extremely elaborate attempts to enact complex proceedings, or they can be as simple as having two students spontaneously represent lawyers making opposing arguments during class discussion.