International Law Commons^™

The Concept Of Disclosure Within European Financial Institutions, Peter Nobel

Fordham International Law Journal

I have been asked to make a few remarks regarding Arthur Laby's presentation, but, as everyone knows, it is very hard to discuss anything with the Securities Exchange Commission (“SEC”). As far as I can see, the conceptual interplay of ‘disclosure versus substantive rules,‘ or rather — in its historical order — ‘substantive rules versus disclosure,‘ has not yet been widely discussed in Europe. Let me first set out what I mean by the two approaches as there are probably differences of definition between the United States and Europe, and, indeed, my understanding differs a bit from the one presented …

More Competition Through Deregulation: The German Tv Market, Ulrich Koch

Fordham International Law Journal

This article introduces the market structure of German television (“TV”). The approach two-fold. First, this article discusses who Bertelsmann is, how we are engaged in the TV business, and how we consider ourselves. Second, this article shows how Bertelsmann is engaged in the TV business throughout Europe. Last afterwards, this article presents some statements with respect to the market structure in the German TV market, which is a strange market from the competition point of view.

The Federal Cartel Office Perspective, Markus Wagemann

Fordham International Law Journal

This article focuses on the German television (“TV”) market from an antitrust perspective, limited to some competition aspects of the technical and program side of the German TV market. On the technical side, we are in a situation of an emerging market for digital TV where a TV household needs a decoder in order to transfer digital TV signals into analog TV signals, because most households still have analog TV sets and also to descramble encrypted pay-TV signals for subscribers. The other issue, the program side, is more what competition authorities are dealing with, in particular the Bundeskartellamt in its …

Antitrust Law And Pay-Tv: The Italian Case, Claudio Cocuzza

Fordham International Law Journal

Television (or “TV”) broadcasting today is in the wake of a critical technological revolution. The development of new technologies is becoming increasingly rapid and the legal scenario is changing daily and sometimes disorganically. Regulation in this field is strictly connected with technology and its evolution. For this reason, it is worthwhile to go through a brief outline of the last and most significant television broadcasting techniques. Distribution of TV “signals” has occurred in Europe and especially in Italy — until the beginning of the present decade — almost exclusively through terrestrial networks, i.e. via etere. This situation means that in …

From Nuremberg To Rome: A Step Backward For U.S. Foreign Policy, Henry T. King, Theodore C. Theofrastous

Case Western Reserve Journal of International Law

No abstract provided.

The Uruguay Round And The World Trade Organization: A New Era Dawns In The Private Law Of International Customs And Trade, Paulsen K. Vandevert

Case Western Reserve Journal of International Law

corporate comment

Leaving The Corsair's Name To Other Times: How To Enforce The Law Of Sea Piracy In The 21st Century Through Regional International Agreements, Timothy H. Goodman

Case Western Reserve Journal of International Law

No abstract provided.

The Ukrainian Constitution: Interpretation Of The Citizens' Rights Provisions, Richard C.O. Rezie

Case Western Reserve Journal of International Law

No abstract provided.

Bringing Developing Countries' Intellectual Property Laws To Trips Standards: Hurdles And Pitfalls Facing Vietnam's Efforts To Normalize An Intellectual Property Regime, Michael W. Smith

Case Western Reserve Journal of International Law

No abstract provided.

Volume 31 Issue 1 (1999), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

Foreign Private Investment In Palestine Revisited: An Analysis Of The Revised Palestinian Investment Law, David P. Fidler

Case Western Reserve Journal of International Law

No abstract provided.

The Role Of Law In A Palestinian-Israeli Accommodation, John Quigley

Case Western Reserve Journal of International Law

No abstract provided.

The Palestinian Basic Law: Embryonic Constitutionalism, Adrien Katherine Wing

Case Western Reserve Journal of International Law

No abstract provided.

International Commercial Arbitration In Europe: Subsidiary And Supremacy In Light Of The De-Localization Debate, Theodore C. Theofrastous

Case Western Reserve Journal of International Law

No abstract provided.

Law On The Encouragement Of Investment In Palestine No. (28) Of 1998, Palestine

Case Western Reserve Journal of International Law

No abstract provided.

Masthead, Volume 31 Issue 2 (1999)

Case Western Reserve Journal of International Law

No abstract provided.

Cumulative Subject Index To Volumes 1-31, Index

Case Western Reserve Journal of International Law

cumulative subject index

Winnowing The Chaff: Canadian Grain Trade And International Law, Alexander J. Black

American University International Law Review

No abstract provided.

Intellectual Property And Antitrust: A Comparison Of Evolution In The European Union And United States, Sara M. Biggers, Richard A. Mann, Barry S. Roberts

UC Law SF International Law Review

Transactions involving the transfer of intellectual property rights give rise to antitrust issues, potentially implicating the involvement of the enforcement bodies of the European Union (EU) and United States. While changing market dynamics resulting from innovation and globalization impact antitrust enforcement, the movement toward "decentralization" of antitrust enforcement represents yet another trend that causes uncertainty in both the EU and U.S. antitrust policies. In this context, one of the most notable aspects of evolving antitrust policy is that of cooperation between the enforcement agencies in the EU and the United States.

This Article explores the key legislative and policy developments …

The Extraterritorial Reach Of The U.S. Government's Campaign Against International Bribery, H. Lowell Brown

UC Law SF International Law Review

Recent initiatives by the Securities Exchange Commission, acting under the Foreign Corrupt Practices Act (FCPA), and by the Organization of American States and the Organization for Economic Co-operation and Development have highlighted efforts to "level the playing field" of international commerce through the prohibition of government bribery. For U.S. companies, these developments are generally positive. However, foreign entities in which U.S. companies have an interest may now find themselves subject to criminal and civil liability for commercial practices which were formerly beyond the reach of the FCPA and tolerated in their own countries. Accordingly, for U.S. companies doing business internationally …

The International Monetary Fund: Is It The Right Or Wrong Prescription For Korea, Ellen J. Shin

UC Law SF International Law Review

Since emerging as a war torn country in 1953, Korea has become a major economic contender in the international market. By 1997, Korea had achieved success as the world's eleventh largest economy. That success was cut short by the "Asian financial crisis" of late 1997, which greatly affected the Korean economy. Caused by the unraveling of the diversified, family-owned conglomerates known as chaebol, which collapsed under billions of dollars in bank loans, Korea sought to restore its economic ascendancy with an IMF bailout. The resulting IMF austerity program has received much criticism, focused primarily on the fact that the traditional …

The Quest For Justice And Reconciliation: The International Criminal Tribunal For Rwanda And The Ethiopian High Court, Yacob Haile-Mariam

UC Law SF International Law Review

About fifty years have gone by since international humanitarian law was first applied to the proseculion and punishment of war criminals. Just a few years ago, the international humanitarian law most law students learned about was couched within public international law, often studied without any serious intention of ever applying it. Recent prosecutions of war criminals in former Yugoslavia, the presence of genocide suspects in Rwanda and the impending establishment of the Permanent International Criminal Tribunal by the United Nations have revived interest in international humanitarian law, with particular interest in genocide and crimes against humanity.

This article compares the …

The Common Law In South Africa: Pro Apartheid Or Pro Democracy, Jeremy Sarkin

UC Law SF International Law Review

The role of the common law in South Africa has been controversial. Some argue that South Africa's common law, inherited from Roman-Dutch and English law, has a problematic colonial tradition that has done little to protect justice and equality. Others argue that if not for parliamentary security legislation, South Africa's common law could have protected rights and freedoms.

This article examines several apartheid-era cases in which the common law protection of individual rights was at stake to determine whether the common law was human rights friendly, or if it was compatible with the constitutional dispensation of human rights abuses. It …

The Effect Of International Court Of Justice Decisions On Municipal Courts In The United States: Breard V. Greene, Sanja Djajic

UC Law SF International Law Review

The relationship between international and municipal law is complex and continually developing. One way to analyze this issue is to observe the interaction between domestic courts and the International Court of Justice. These two types of courts may entertain identical claims.

This article analyzes whether there is any correlation between the two types of courts, and the character of this correlation if there is one. Through an examination of Breard v. Greene, this article will examine the attitudes of United States courts toward the enforceability and the legally binding character of International Court of Justice decisions. This article will also …

The Joint-Stock Cooperative Enterprise: A New Independent Legal Entity In China, Minkang Gu

UC Law SF International Law Review

The joint stock cooperative enterprise (JSCE) is a new form of enterprise organization in China that is particularly well suited to Chinese ideological and economic characteristics. The JSCE utilizes certain features of a shareholding system, which can be independent from the government and have clearly defined property and ownership rights-basic elements routinely assumed in the corporate law of western countries, but still new in a country constitutionally committed to Marxist-Leninist principles.

This article introduces the concept and legal nature of the JSCE. It analyzes the concept of a legal person and the distinctions between the JSCE and other business forms, …

Minority Protections And Bilateral Agreements: An Effective Mechanism, Elizabeth F. Defeis

UC Law SF International Law Review

Following the breakup of the former Soviet Union and Yugoslavia, attention focused on developing international norms, agreements and regimes for effective minority protection. Under the auspices of United Nations and regional organizations, multilateral and bilateral treaties and declarations have been adopted. These documents recognize that diverse initiatives are necessary to reduce ethnic conflict and encourage States to implement appropriate initiatives. Reliance upon bilateral agreements is particularly encouraged in those situations involving protection of minorities in a situation where ethnic minorities reside in States adjacent to or near their country of nationality as a result of change of boarders or the …

With A Broad Brush: The Federal Regulation Of Sanctions Against Burma (Myanmar), James Finch, David Schmahmann, Particia Bailey

UC Law SF International Law Review

On April 21, 1998, the Office of Foreign Assets Control of the U.S. Treasury Department issued regulations to implement the Executive Order that applied sanctions against Myanmar. With certain exceptions, the Regulations prohibit new investment by U.S. individuals or companies in Myanmar. This Essay explains and analyzes the reach of the Regulations and their potential ramifications.

Global Trade And The New Millennium: Defining The Scope Of Intellectual Property Protection Of Plant Genetic Resources And Traditional Knowledge In India, Meetali Jain

UC Law SF International Law Review

As a signatory to the global Trade-Related Intellectual Property Rights treaty (TRIPS), India is obligated to develop national legislation that conforms to the international standards of intellectual property rights protection by January 1, 2000. India now faces the option of either acceding to the requirements of TRIPS or accepting various penalties, including sanctions, from the international community.

This Note focuses on the protection of one type of property, namely plant genetic resources. The case of India provides fertile ground for an examination of the clash between notions of global intellectual property rights and notions of national and local sovereignty over …

Case Update: German Compuserve Director Acquitted On Appeal, Lothar Determann

UC Law SF International Law Review

This update to an earlier article by Dr. Determann reviews the recent acquittal of Felix Somm. The article discusses the case against the backdrop of German internet law. This update also discusses a new European Community directive aimed at regulating electronic commerce.

Disabled Meanings: A Comparison Of The Definitions Of Disability In The British Disability Discrimination Act Of 1995 And The Americans With Disabilities Act Of 1990, Nick Wenbourne

UC Law SF International Law Review

The British Disability Discrimination Act (DDA) marks an important turning point in the history of disability civil rights in Great Britain. The DDA was the first legislation in Europe to specifically acknowledge that disabled people suffer from discrimination in a number of fields and public services including employment, education and transportation. However, people across the political spectrum have criticized the DDA.

This note compares the DDA with its United States counterpart, the Americans with Disabilities Act (ADA), which is widely regarded as the most comprehensive and radical legislation of its kind in the world. This note pays particular attention to …