International Law Commons^™

International Responsibility Of An Occupying Power For Environmental Harm: The Case Of Estonia, Lisa M. Kaplan

Global Business & Development Law Journal

No abstract provided.

The New Euro: The Legal Continuity Of Contracts Based On The Franc When France Converts To The Euro, Ted Karr

Global Business & Development Law Journal

No abstract provided.

In Search Of Compliance With Trips Against Counterfeiting In The Philippines: When Is Enough Enough?, Rosielyn Alviar Pulmano

Global Business & Development Law Journal

No abstract provided.

Beyond The Economic Turmoil Of The Asian Financial Crisis: Indonesia's Struggle To Cope With Insolvency, Michelle Schreiber

Global Business & Development Law Journal

No abstract provided.

An International Perspective On Domestic Banking Reform: Could The European Union's Second Banking Directive Revolutionize The Way The United States Regulates Its Own Financial Services Industry?, Jennifer Manvell Jeannot

American University International Law Review

No abstract provided.

The Privatization And Project Finance Adventure: Acquiring A Colombian Public Utility Company, Mario Andrade, Mario A. De Castro

Northwestern Journal of International Law & Business

Colombia is an exciting new arena for the international practitioner structuring project finance and privatization transactions. The sectors of the economy that are attractive targets for most multinationals (MNCs) entering Colombia are the energy, oil and gas, mining, water, and telecommunications sectors. In most cases, MNCs in these sectors consider investments in Colombia when the Colombian authorities announce a plan for the privatization or capitalization of state-run companies that have a monopoly on business. Often the MNC becomes aware of the privatization, concession, or capitalization project via an official announcement by the Colombian government calling for bids or an invitation …

Modernization Of Ec Competition Law: Reform Of Regulation No. 17, Alexander Schaub

Fordham International Law Journal

Ladies and Gentlemen, at last year's conference I presented to you a wide variety of ongoing and proposed reforms with which the European Union intends to meet actual and future challenges for its competition policy. Today, one year later, we have made considerable progress in many respects. Most importantly, with our White Paper of 28 April 1999, we have launched the process for a fundamental reform of the rules implementing Articles 81 and 82 of the Treaty establishing the European Community (‘EC Treaty‘), which are currently laid down in Council Regulation No. 17. Anticipating your expectations and my fellow panelists' …

Reconstructing Self-Determination: The Role Of Critical Theory In The Positivist International Law Paradigm, Ediberto Román

Faculty Publications

This article (or conference transcription) discuses the role that critical race theory may have on what, will be called, self-determination movements. It commences with the introduction of four speakers Taygab Muhmud, Seigfried Weissner, Julie Mertus and Donna Coker, discussing various forms of self-determination movements of indigenous people, the neocolonial plight of the people of South Asia and a comparative analysis of Eastern Europeans. The article then undertakes an innovative critical analysis of the acceptance of the liberal international law doctrine of self-determination. In particular, it will critique the purportedly universal norm of self-determination in order to expose and explain its …

Negotiating The Treaty Of Rome On The Establishment Of An International Criminal Court, M. Bassiouni

College of Law Faculty

No abstract provided.

The Precedent Setters: De Facto Stare Decisis In Two Adjudication (Part Two Of A Trilogy), Raj Bhala

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Foreign Trade Regulation Of Korea In The Wto World, Eun Sup Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Microfinance And The Mechanics Of Solidarity Lending: Improving Access To Credit Throught Innovations In Contract Structure, Jameel Jaffer

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Commercial Space Launch Market And Bilateral Trade Agreements In Space Launch Services, James L. Reed

American University International Law Review

No abstract provided.

The Myth About Stare Decisis And International Trade Law (Part One Of A Trilogy), Raj Bhala

American University International Law Review

No abstract provided.

The Sps Agreement Of The World Trade Organization And Plant Pest Infestations: A Case Study Of The 1997 Mediterranean Fruit Fly Outbreak In Florida, Terence P. Stewart, David S. Johanson

American University International Law Review

No abstract provided.

Dispute Settlement Under The Nafta And The Wto: Choice Of Forum Opportunities And Risks For The Nafta Parties, David A. Gantz

American University International Law Review

No abstract provided.

The Code Of Contract Law Of The People's Republic Of China And The Vienna Sales Convention, John S. Mo

American University International Law Review

No abstract provided.

"State Sponsors Of Terrorism" Are Entitled To Due Process Too: The Amended Foreign Sovereign Immunities Act Is Unconstitutional, Keith E. Sealing

American University International Law Review

No abstract provided.

Markets And Women's International Human Rights, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies

UIC John Marshall Journal of Information Technology & Privacy Law

The right to privacy is one of the most fundamental rights recognized. References to privacy date back to ancient Greece and China. Rapid advances in information technology and high-speed data networks have had an enormous impact on privacy. Today, personal medical and financial information can easily be transmitted with and without the one knowing. Can privacy law keep up with these changes and challenges? Privacy advocates are concerned. Nearly every country in the world has some form of privacy provision in its constitution. However, the definition of privacy differs from context and environment. The authors chronicle the status of privacy …

Does Sharing Know Its Limits? Thoughts On Implementing International Environmental Agreements: A Review Of National Environmental Policies, A Comparative Study Of Capacity-Building, Mark A. Drumbl

Scholarly Articles

When nations lack capacity,they may find themselves unable to implement policy decisions. In such situations, even the most grandiose of edicts and transformative of enactments remain hortatory, modifying only the paper upon which they are written. Lack of capacity has been particularly troublesome in environmental policy. Many environmental commitments remain more apparent than real, often notoriously so. As a result, many pronouncements in favor of the polluter-pays-principle, sustainable development, and the precautionary principle are, notwithstanding good intentions, often simply not applied in practice. As environmental problems are increasingly perceived as global in effect, the responses thereto tend to be multilateral …

Noncompete Covenants In Japanese Employment Contracts: Recent Developments, Miwako Ogawa

UC Law SF International Law Review

Like employers in the United States, employers in Japan seek to prevent their former employees from competing with them by using noncompete covenants. As Japan's work force and employment system become more diverse, individualized and laterally mobile, noncompete provisions are appearing before the Japanese courts with increasing frequency.

The Japanese courts' approach to noncompete clauses is to scrutinize their "reasonableness" by balancing the competing interests of the employer in protecting its business goals and the employee in preserving his right to freedom of occupation. However, the notion of "reasonableness" has been elusive, causing the Japanese courts to struggle with application …

Clash Of Power And Jurisdiction: The United States Supreme Court V. The International Court Of Justice, Charles B. Radlauer

St. Thomas Law Review

In Breard v. Greene, the Supreme Court of the United States ignored an order of the International Court of Justice ("ICJ") requesting a temporary stay of execution. In so doing, the Court may have violated Article 94 of the United Nations Charter, a duly ratified treaty of the United States, which requires the United States to abide by decisions of the ICJ. This case arose in federal court on a writ of habeas corpus on appeal from a state court conviction of attempted rape and murder in Virginia. After the writ of habeas corpus was denied in both the district …

Prospects For Local Competition In Telecommunications: A Comparison Of The Chilean And American Approaches To Regulatory Reform, Melissa Sampson Mcmorrow

UC Law SF International Law Review

For decades, most nations provided telecommunications services through regulated monopolies or by stale-owned entities. Many nations, including Latin American countries, provided such services through state-owned industries for various reasons. Technological advancements and regulatory reform have dismantled the old guard systems and have ushered in a new era in telecommunications. Latin American countries are going through a dual process of privatization and liberalization. Chile led the region in this effort in the late 1970s. Chile also led the world in creating a competitive market for telecommunications. Its legal framework has opened all markets-long distance, advanced, and local-to competition to varying extents. …

Recent Work On Dispute Resolution By The United Nations Commission On International Trade Law, Howard M. Holtzmann

ILSA Journal of International & Comparative Law

My assignment today is to discuss the recent work of the United Nations Commission on International Trade Law ("UNCITRAL") in the field of arbitration and other forms of dispute resolution.

Women And The International Monetary Fund, Jane Lee Saber

ILSA Journal of International & Comparative Law

Madam chair, distinguished guests, ladies and gentlemen: It is my privilege to be here today, to discuss the progress that the world has made in ensuring the rectification of facts presented at Seneca, some 150 years ago.

Teaching International Law: Views From An International Relations Political Scientist, Christopher C. Joyner

ILSA Journal of International & Comparative Law

Contrary to common belief, international law is real and relevant to many professors of political science.'

Lessons From The Akayesu Judgement, Jose E. Alvarez

ILSA Journal of International & Comparative Law

The judgment issued on September 2, 1998 by the International Criminal Tribunal for Rwanda (hereinafter ICTR) finding Jean-Paul Akayesu guilty on various charges of genocide and crimes against humanity is likely to please those who have long struggled for the progressive development and effective enforcement of international criminal law.

From Seneca Falls To The Fiftieth Anniversary Of The Universal Declaration Of Human Rights-Gauging The Campaign For The Human Rights Of Women, Jessica Neuwirth

ILSA Journal of International & Comparative Law

This year marks the 150th anniversary of the Declaration of Sentiments, a declaration of women's rights adopted in Seneca Falls at a meeting which inaugurated the women's suffrage movement in the United States.

Human Rights And Sovereign And Individual Immunities (Sovereign Immunity, Act Of State, Head Of State Immunity And Diplomatic Immunity) - Some Reflections, Ved P. Nanda

ILSA Journal of International & Comparative Law

Reflections on the application of sovereign and individual immunities law are especially pertinent in light of the controversy surrounding the arrest and trial of General Augosto Pinochet in Britain, at the request of a Spanish magistrate on charges of murder, hostage-taking, and torture during his seventeen year rule in Chile