International Law Commons^™

Removing Drug Lords And Street Pushers: The Extradition Of Nationals In Colombia And The Dominican Republic, Joshua H. Warmund

Fordham International Law Journal

This Comment explores the interplay between drug trafficking and extradition policy in the U.S.-Latin American-Caribbean region by focusing upon the recent legal shift in Colombia and the Dominican Republic. Part I describes the status of current international extradition law, focusing on modern extradition policy. In particular, this part details the respective extradition treaties of Colombia and the Dominican Republic with the United States. Part I also explores the roles that these two nations assume trafficking drugs into the United States and highlights the corresponding U.S. anti-drug enforcement response. Finally, Part I examines the challenges that drug trafficking and certain anti-drug …

An Appraisal Of The Treaty Of Amsterdam From The Perspective Of A Member Of The European Parliament, Laurens Jan Brinkhorst

Fordham International Law Journal

When one has such learned predecessors, representing the two powerful institutions, who give such a balanced view of the Treaty of Amsterdam (or “Amsterdam Treaty”), what more can a simple parliamentarian say? I think my first comment would be, Amsterdam--yes, the worst has been avoided. I think that this comment is an honest compliment to the efforts of my predecessors during the Intergovernmental Conference (“IGC”). The outcome could have been much worse.

The Treaty Of Amsterdam's Changes To The Common Foreign And Security Policy Chapter And An Overview Of The Opening Enlargement Process, Giorgio Maganza

Fordham International Law Journal

The European Union (“Union” or “EU”) is an important actor in the international arena. The Union behaves and acts as a political entity towards the outside world and it is perceived as such. That is certainly the case for international economic relations, where the European Community (“EC” or “Community”) has played a significant role as a major partner in multilateral negotiations for several years now. It is more frequently the case with respect to foreign policy matters, as a result of the choice made by the signatories to the Maastricht Treaty (“Treaty on European Union” or “TEU”) in which the …

The Cuban Liberty And Democratic Solidarity (Libertad) Act Of 1996: Isolationist Obstacle To Policy Of Engagement, Michelle Arendt

Case Western Reserve Journal of International Law

No abstract provided.

Comparative Analysis Of Contemporary Constitutional Procedure, Min Zhou

Case Western Reserve Journal of International Law

No abstract provided.

Too Many Secrets: Challenges To The Control Of Strong Crypto And The National Security Perspective, J. Terrence Stender

Case Western Reserve Journal of International Law

No abstract provided.

Human Rights And Development: Using Advanced Technology To Promote Human Rights In Sub-Saharan Africa, Jennifer M. Myers

Case Western Reserve Journal of International Law

No abstract provided.

Nafta Chapter 19 Or The Wto's Dispute Settlement Body: A Hobson's Choice For Canada, Michael S. Valihora

Case Western Reserve Journal of International Law

perspective

Considering Our Position: Viewing Information Warfare As A Use Of Force Prohibited By Article 2(4) Of The U.N. Charter, Todd A. Morth

Case Western Reserve Journal of International Law

No abstract provided.

The Two Worlds Of Albert Speer: Reflections Of A Nuremberg Prosecutor, Carolyn L. Speaker

Case Western Reserve Journal of International Law

No abstract provided.

Cumulative Subject Index To Volumes 1-30, Index

Case Western Reserve Journal of International Law

cumulative subject index

Masthead, Volume 30 Issue 2 (1998)

Case Western Reserve Journal of International Law

No abstract provided.

Lost In The Judicial Wilderness: The Stateless Corporation After Matimak Trading, Mark Baker

Northwestern Journal of International Law & Business

Statelessness clearly implicates issues concerning basic human rights. The United Nations has addressed some of these issues by taking steps to reduce statelessness and to minimize its results, most notably with the Convention on the Reduction of Statelessness and the Convention Relating to the Status of Stateless Persons. Although mitigating the effects of statelessness is noble and quite worthwhile, these efforts may fail to reach certain stateless persons, and, more specifically, certain stateless entities. Enter Matimak Trading Company ("Matimak"), a corporation formed under the laws of, and with its principal place of business in, Hong Kong. Recently, the U.S. Second …

The World Trade Organization And United States' Sovereignty: The Political And Procedural Realities Of The System, William R. Sprance

American University International Law Review

No abstract provided.

Conference Convocation, M. Cherif Bassiouni, Charles N. Brower, Claudio Grossman, Diane F. Orentlicher, Tina Rosenberg, David J. Scheffer, Paul Williams

American University International Law Review

No abstract provided.

Tribunal Justice: The Challenges, The Record, And The Prospects, Nina Ban-Jensen, Tom Gjelten, Roy Gutman, Ivana Nizich, Diane F. Orentlicher, Thomas Warrick

American University International Law Review

No abstract provided.

Neutrality, Morality, And The Holocaust, Henry I. Sobel

American University International Law Review

No abstract provided.

The Recovery Of Stolen Art Sold In The United States From A "Neutral" Country, Thomas Kline

American University International Law Review

No abstract provided.

Designing Land Registration Systems For Developing Countries, Tim Hanstad

American University International Law Review

No abstract provided.

The Timor Gap Treaty As A Model For Joint Development In The Spratly Islands, Lian A. Mito

American University International Law Review

No abstract provided.

Future Trends In The United States Federal Sentencing Scheme, Herbert J. Hoelter, Charles Nihan, Gerald Bard Tjoflat, Jonathan J. Wroblewski

American University International Law Review

No abstract provided.

Diplomacy In The Modern World: A Reconsideration Of The Bases For Diplomatic Immunity In The Era Of High-Tech Communications, James S. Parkhill

UC Law SF International Law Review

Diplomatic immunity has existed throughout history as a way to ensure that diplomatic visitors to foreign nations remained free to perform their essential duties. It arose for two reasons: diplomats we'e extremely important to the conduct of interstate affairs, and the difficulties of travel and communication in previous eras made it essential for ambassadors to remain at liberty to perform their diplomatic duties. Clearly, modern methods of travel and communications have done much to eliminate the second basis.

This Note will examine the extent to which they may also have impacted the first rationale as well. In other words, when …

Spain Returns To Trial By Jury, Stephen C. Thaman

UC Law SF International Law Review

In 1995, Spain promulgated legislation reintroducing trial by jury in criminal cases. In this Article, Professor Thaman sets forth the history of jury trial in Spain, the movement towards its revival, and a detailed survey of the new juries in practice.

This Article describes the participatory right behind the jury statute and the crimes subject to its jurisdiction. It sets forth the composition of the juries and the qualifications for jury service. After a detailed examination of pre-trial procedure in the jury system, it describes jury selection and then the presentation of evidence before Spanish juries and the modification of …

Extraterritoriality And Its Limits: The Iran And Libya Sactions Act Of 1996, Charles Tait Graves

UC Law SF International Law Review

The United States differs from much of the world in trade policy towards Iran and Libya. Through the Iran and Libya Sanctions Act of 1996, it seeks to pressure other states to refrain from certain investments in the Libyan and Iranian economies. The statute's secondary boycott provisions threaten extraterritorial sanctions against wholly foreign corporations engaging in such trade.

This Note describes the legal history of U.S. attempts to enforce its policy preferences through extraterritorial trade controls. It then argues that the Iran and Libya Sanctions Act of 1996 is likely invalid both under principles of general customary international law and …

Health Care Rationing In The Courts: A Comparative Study, Timothy Stoltzfus Jost

UC Law SF International Law Review

The role of the judiciary and government agencies in the allocation of health care resources differs across national boundaries. This Article describes how institutions in Germany, the United Kingdom, and the United States approach conflicts and protect rights in rationing health care. Professor Jost first describes the legal aspects of decisions on distribution and financing of health care decisions, and then examines the existing institutions in each of these countries.

In Germany, the health insurance program is an employment- based social insurance system. Under a quasi-public scheme, nonprofit health insurance funds administer the program. The German health system is overseen …

Memorial Address For Rudolf Schlesinger: Delievered At The University Of Trento Law School, Ulrich Drobnig

UC Law SF International Law Review

No abstract provided.

Comparative Law Scholarship, John Henry Merryman

UC Law SF International Law Review

No abstract provided.

The Common Core Of European Private Law And The Principles Of European Contract Law, Ole Lando

UC Law SF International Law Review

No abstract provided.

Comparative Analysis Of The United States Patent Law And The New Industrial Property Code Of Brazil, John Giust

UC Law SF International Law Review

Brazil promulgated a new Industrial Property Code in 1996 that significantly changed its patent law. In this Article, Mr. Giust compares the Brazilian statute to patent law in the United States. Through detailed analysis, the Article shows that despite the vastly different economic and social needs of both nations, the recent changes have actually brought the two patent systems closer together. As the author argues, this trend toward convergence reflects the two nations' commitment to the TRIPs Agreement, and to that extent, strongly supports the view that global patent harmonization is possible.

This Article's comparative analysis covers numerous aspects of …

Forum Selection Clauses In Maritime Bills Of Lading, Valerie Drogus

UC Law SF International Law Review

Courts face difficult issues in determining the validity of maritime forum selection clauses. This Note assesses the validity of such clauses in bills of lading used in maritime shipping. It considers four issues.

First, this Note will examine the three existing conventions on international maritime law. Second, it will discuss the varying U.S. court interpretations of the U.S. Carriage of Goods by Sea Act. Third, it sets forth the positions of other states on such clauses. Finally, this Note posits solutions and compromises for the existing conflicts of law.