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International Law Commons™

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2000

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Institution
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Articles 301 - 330 of 600

Full-Text Articles in International Law

The Perils Of Pinochet: Problems For Transnational Justice And A Supranational Governance Solution, Antonio F. Perez Jan 2000

The Perils Of Pinochet: Problems For Transnational Justice And A Supranational Governance Solution, Antonio F. Perez

Scholarly Articles

No abstract provided.

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The New Chemical Weapons Convention And Export Controls: Towards Greater Multilateralism, Urs A. Cipolat Jan 2000

The New Chemical Weapons Convention And Export Controls: Towards Greater Multilateralism, Urs A. Cipolat

Michigan Journal of International Law

The article is structured in five parts. Section I gives an overview of the history of the CWC. Section II focuses on the CWC' s material scope. This discussion is important in order to determine the items that will fall under an eventual export control obligation. Section III presents the main obligations under the CWC, while Section IV deals exclusively with the specific obligations pertaining to export controls. The implementation of these specific obligations-which, for the purposes of this article, are referred to as transfer rules-is the focus of Section V.

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The Caspian: Is It A Lake, A Sea Or An Ocean And Does It Matter? The Danger Of Utilizing Unilateral Approaches To Resolving Regional/International Issues, Barry Hart Dubner Jan 2000

The Caspian: Is It A Lake, A Sea Or An Ocean And Does It Matter? The Danger Of Utilizing Unilateral Approaches To Resolving Regional/International Issues, Barry Hart Dubner

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Prison Conditions In Cuba: An Assessment Of Cuba's Compliance With Basic Human Rights Standards, Natasha Parassram Concepcion Jan 2000

Prison Conditions In Cuba: An Assessment Of Cuba's Compliance With Basic Human Rights Standards, Natasha Parassram Concepcion

Human Rights Brief

No abstract provided.

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The Perpetuation Of Legal Nihilism And The Assertion Of Personal Freedoms In A Post-Soviet World, Shara Abraham Jan 2000

The Perpetuation Of Legal Nihilism And The Assertion Of Personal Freedoms In A Post-Soviet World, Shara Abraham

Human Rights Brief

No abstract provided.

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Laogai: Reform Through Labor In China, Ramin Pejan Jan 2000

Laogai: Reform Through Labor In China, Ramin Pejan

Human Rights Brief

No abstract provided.

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Can U.S. Antitrust Laws Open International Markets?, Spencer Weber Waller Jan 2000

Can U.S. Antitrust Laws Open International Markets?, Spencer Weber Waller

Northwestern Journal of International Law & Business

The vigorous and non-discriminatory enforcement of antitrust law can contribute to promoting an international marketplace characterized by an open competitive process. However, antitrust law is, at best, a supporting player in constructing a liberal multilateral trading order, and is incapable of promoting any single country's exports. This article suggests a small, but important, role for United States antitrust law in promoting that competitive marketplace in conjunction with a developing wave of competition law around the globe.

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Foreward: Mergers, Market Access And The Millennium, Eleanor M. Fox Jan 2000

Foreward: Mergers, Market Access And The Millennium, Eleanor M. Fox

Northwestern Journal of International Law & Business

The symposium issue is a nice microcosm of the competition law issues facing the world. It presents the tensions between national control and world integration. It presents the twin, conflicting impulses to eschew internationalization, hoping to do well enough by deepened positive comity (Waller), and to embrace internationalization at least cautiously to address concerns where unharnessed operation of national interests obstructs efficient solutions and where internationalization is most likely to sidestep the political landmines (Fiebig).

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Transnational Competition Law Aspects Of Mergers And Acquisitions, William M. Hannay Jan 2000

Transnational Competition Law Aspects Of Mergers And Acquisitions, William M. Hannay

Northwestern Journal of International Law & Business

As more and more U.S. companies engage in overseas operations, even the most routine merger or acquisition seems to have a transnational component which requires analysis and perhaps premerger notification under an increasing number of foreign "competition laws" (or what we call antitrust laws). An understanding of those competition rules has become an imperative for American lawyers.

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Wives For Sale: The Modern International Mail-Order Bride Industry, Kathryn A. Lloyd Jan 2000

Wives For Sale: The Modern International Mail-Order Bride Industry, Kathryn A. Lloyd

Northwestern Journal of International Law & Business

This comment begins by discussing the mail-order bride industry in the context of international human trafficking, focusing on traffic between the United States and the Philippines, and includes an overview of the current regulations that exist regarding this industry. It then gives an overview of the major criticisms of the mail-order bride industry, the international problems created by the practice of trafficking women as brides, and the failure of current regulations in the United States and the Philippines (or the lack thereof) to address these problems. Finally, this comment calls for international regulation that would begin to address these problems, …

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The Treatment Of Global Mergers: An Australian Perspective, S.G. Corones Jan 2000

The Treatment Of Global Mergers: An Australian Perspective, S.G. Corones

Northwestern Journal of International Law & Business

The purpose of this article is to examine some recent global mergers from an Australian perspective. The article begins by considering the administrative tribunal and Court structure in Australia, as well as the procedural, substantive. and remedial aspects of Australian laws regulating global mergers. It then considers the Merger Guidelines and their focus on the unilateral and co-ordinated post-merger effects that are likely to occur. The article examines a number of recent global mergers. including Coopers & Lybrand/Price Waterhouse, BAT/Rothmans, Pepsi Co/Smith's Snack Foods and Coca-Cola/Cadbury Schweppes, as well as their assessment by the ACCC. Finally, it considers some of …

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Foreword: The Rocky Road Toward The Rule Of Law In China: 1979-2000, James Hugo Friend Jan 2000

Foreword: The Rocky Road Toward The Rule Of Law In China: 1979-2000, James Hugo Friend

Northwestern Journal of International Law & Business

This Twentieth Anniversary Issue of JILB again has a symposium on law in China entitled China Revisited: Examining the Rule of Law After Twenty Years." The impetus for the 2000 China Symposium is the unprecedented integration of China into the world economic community, evidenced by China's imminent entry into the World Trade Organization ("WTO").2 The road to China's integration into the WTO was paved by the U. S. Senate's recent vote, "the most significant advance in U.S.-China relations since President Nixon's 1972 visit,'13 which grants China permanent normalized trade relations without annual Congressional review. Although the Senate approval was expected, …

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Investing In China's Telecommunications Market: Reflections On The Rule Of Law And Foreign Investment In China, Leontine D. Chuang Jan 2000

Investing In China's Telecommunications Market: Reflections On The Rule Of Law And Foreign Investment In China, Leontine D. Chuang

Northwestern Journal of International Law & Business

The lack of clarity in China's investment laws has translated into an investment environment that is often uncertain, risky, and mired in red tape. In fact, there have been cases where foreign corporations have invested in joint ventures following what they thought to be all the requisite guidelines, only to find out after the money had exchanged hands that something was terribly wrong with the entire agreement. A perfect example of this is the birth, development, and eventual demise of the ill-fated China-China-Foreign (hereinafter "CCF") investment vehicles used for investment in China's telecommunications industry in the past few years. This …

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Bird In A Cage: Chinese Law Reform After Twenty Years, Stanley Lubman Jan 2000

Bird In A Cage: Chinese Law Reform After Twenty Years, Stanley Lubman

Northwestern Journal of International Law & Business

When I wrote in 1979, it was easy to summarize the state of Chinese legal institutions because they were so sparse. Although a judicial system had been created on the Soviet model in the 1950s, it had been politicized by the end of that decade after a brief period of liberalization, and then further wrecked by the Cultural Revolution. A new period of institution-building began in 1979; reconstruction of the courts began and the law schools, closed for a decade, reopened. Most fundamentally, the policies of the Chinese leadership seemed to promise, as I noted then, "attempts to conceptualize and …

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Sovereignty, Statehood, Self-Determination, And The Issue Of Taiwan, Jianming Shen Jan 2000

Sovereignty, Statehood, Self-Determination, And The Issue Of Taiwan, Jianming Shen

American University International Law Review

No abstract provided.

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The Systematic Failure To Interpret Article Iv Of The Internantional Covenant On Civil And Political Rights: Is There A Public Emergency In Nigeria?, Scott Dolezal Jan 2000

The Systematic Failure To Interpret Article Iv Of The Internantional Covenant On Civil And Political Rights: Is There A Public Emergency In Nigeria?, Scott Dolezal

American University International Law Review

No abstract provided.

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Bargaining In The Shadow Of The Law: Early Settlement In Gatt/Wto Disputes, Marc L. Busch, Eric Reinhardt Jan 2000

Bargaining In The Shadow Of The Law: Early Settlement In Gatt/Wto Disputes, Marc L. Busch, Eric Reinhardt

Fordham International Law Journal

This Essay proceeds in four steps. Part I summarizes the quantitative evidence on the pattern of escalation and outcomes of more than 600 GATT/WTO disputes from 1948 through 1999. Part II elaborates on our theory of settlement bargaining within the context of an institution lacking enforcement power and shows how the hypotheses are consistent with the evidence introduced earlier. Part III discusses the theory's expectations regarding the effect of the 1989 and 1995 dispute settlement reforms and likewise compares those predictions with the evidence. Part IV highlights the implications of our perspective for proposed future reforms dealing with transparency and …

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Closing Address, April 8, 2000, Vincent Saldanha Jan 2000

Closing Address, April 8, 2000, Vincent Saldanha

Fordham International Law Journal

Vincent Saldanha thanked the participants for attending the conference. He noted that it is also an uncomfortable situation to presume to speak on behalf of the poor, as the poor are neither voiceless nor invisible. He noted, however, that the discussions over the previous days were devoid of arrogance and patronage. He went on to note that, despite the many international perspectives presented at the conference, there were a great deal of commonalities between the issues facing those who provide legal services for indigent populations. Mr .Saldanha argued that there is a fundamental right to justice, and noted that this …

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China's Accession To The Wto: How Will This Benefit European Undertakings?, Olivier Prost, Song Li Wei Jan 2000

China's Accession To The Wto: How Will This Benefit European Undertakings?, Olivier Prost, Song Li Wei

Fordham International Law Journal

China's accession to the World Trade Organization ("WTO") will help open up the Chinese market for European undertakings and will boost China's role as a major partner of the European Community. Accordingly, China's accession primarily can be seen as a factor in liberalizing Sino-European trade relations. China's accession to the WTO also will cause this country to lose progressively its "exception" status. As a result, Europe, on the one hand, will treat China just like its other trading partners, while China, on the other hand, will benefit fully from its WTO membership, not only with regard to its WTO obligations, …

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A Journey From Havana To Paris: The Fifty-Year Quest For The Elusive Multilateral Agreement On Investment, Riyaz Dattu Jan 2000

A Journey From Havana To Paris: The Fifty-Year Quest For The Elusive Multilateral Agreement On Investment, Riyaz Dattu

Fordham International Law Journal

This Essay begins with a survey of the protection afforded to foreign investors under customary international law. This survey serves to demonstrate that the changing international political and social order, and international economic forces, affect the formulation of the standard of protection and compensation afforded to investors under international law. Next, the Essay traces the history of the post-World War II attempts to negotiate multilateral investment protection measures as part of the Havana Charter. As a result of the failure to implement the Havana Charter, negotiations over investment measures did not make their way into the General Agreement on Tariffs …

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The Wto From The Perspective Of A Developing Country, Ambassador Celso L.N. Amorim Jan 2000

The Wto From The Perspective Of A Developing Country, Ambassador Celso L.N. Amorim

Fordham International Law Journal

This Essay starts by laying out the shortcomings of the WTO. In Part II it lays out the issues at stake in the Seattle Conference. Part III is about the effects of the "Seattle fiasco." Part IV gives the author's views on what a development round should be. Part V asserts that the WTO should promote fair labor standards. Finally, Part VI discusses the prospects for the WTO to address concerns of developing nations.

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The Perils Of Globalization And The World Trading System, Professor John H. Jackson Jan 2000

The Perils Of Globalization And The World Trading System, Professor John H. Jackson

Fordham International Law Journal

Part I will be a brief reminder of the policy objectives and implications of the international economic system. Part II will overview the world trading system's need for a cooperative international mechanism or institution. Part III will examine the characteristics needed for a successful institution of this type, which might be the WTO. Part IV will explore some problems connected with the current situation related to the needed characteristics.

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Host Country Legislation: A Necessary Condition?, Don Wallce, Jr. Jan 2000

Host Country Legislation: A Necessary Condition?, Don Wallce, Jr.

Fordham International Law Journal

The subject of this Essay is the adoption of a “legislative guide” on privately financed infrastructure (“PFI”) by the United Nations Commission for International Trade Law (“UNCITRAL”), at its plenary session in July 2000 in New York. The guide deals with subjects a host country legislature should consider in deciding whether legislation is needed to attract investment and enable the country to proceed with PFI, such as constitutional and legislative authority; a competitive procurement regime; questions of the exclusivity and duration of concessions; construction, operations, and regulation; and settlement of disputes. UNCITRAL also decided at its plenary session that more …

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Privatizing Water Systems: A Primer, Robert Vitale Jan 2000

Privatizing Water Systems: A Primer, Robert Vitale

Fordham International Law Journal

This Essay will discuss the reasons behind the trend of privatizing water systems, explain the basic concepts involved in privatizing water systems, and assess the benefits and challenges of privatization. The private sector has long played an active role in helping governments design, finance, construct, operate, and maintain potable and waste water systems. The 1990s, however, were witness to a dramatic rise in the use of the private sector to supplant--and not merely supplement--the public sector in the water area.

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Dispute Resolution In International Project Finance Transactions, Christopher Dugué Jan 2000

Dispute Resolution In International Project Finance Transactions, Christopher Dugué

Fordham International Law Journal

This essay discusses how the legal practice in international financial problems has slowly evolved towards a better recognition of international arbitration in the field of project financing. While it is useful to compare the different types of dispute resolution mechanisms that are to be considered by participants for the implementation of their contracts, it is this author's view that international arbitration is the most effective means of resolving international project finance transactions. Indeed, the assessment of the most effective forum cannot dismiss what this author considers as an essential feature of international project financing, i.e., its transactional unity. As a …

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Towards A Functional International Criminal Court: An Argument In Favor Of A Strong Privileges And Immunities Agreement, Lindsay Zelniker Jan 2000

Towards A Functional International Criminal Court: An Argument In Favor Of A Strong Privileges And Immunities Agreement, Lindsay Zelniker

Fordham International Law Journal

Part I of this Note discusses the legal doctrines governing privileges and immunities of U.N. officials and diplomats in international law. Part I also describes the manner in which diplomatic and U.N. privileges and immunities are applied to the ICC. Part II outlines the conflict between the goals of advancing human rights and preserving political sovereignty in international law. Part III argues that the adoption of the Rome Statute compels an international responsibility to achieve the goal of an effective and independent Court. This Note concludes that providing increased privileges and immunities to ICC personnel at the expense of some …

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Droits D'Urgence: Access Of Citizens To Legal Information In France, Jean-Luc Bédos Jan 2000

Droits D'Urgence: Access Of Citizens To Legal Information In France, Jean-Luc Bédos

Fordham International Law Journal

The purpose of this Article is to give a brief overview of citizen access to justice and legal information in France, both before and after the implementation of the reform. This Article will primarily focus on the work of non-governmental organizations in this field, especially the work of Droits d'Urgence, the NGO of which I am a founder and President. Droits d'Urgence deals primarily with access to legal information for the most marginalized sectors of the population. It is a humanitarian organization of legal professionals involved in the promotion of rights for those suffering from exclusion.

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Synthetic Lease Financing For The Acquisition And Construction Of Power Generation Facilities In A Changing U.S. Energy Environment, Thomas R. Fileti, Carl R. Steen Jan 2000

Synthetic Lease Financing For The Acquisition And Construction Of Power Generation Facilities In A Changing U.S. Energy Environment, Thomas R. Fileti, Carl R. Steen

Fordham International Law Journal

This Essay will describe synthetic lease financings and provide an analysis of the advantages and disadvantages of these transactions for the acquisition or construction of a power generation facility. During the past two years, several leading players in the power generation industry have used “synthetic” leases to finance both the construction and acquisition of power generation assets, as well as bulk purchases of combustion turbines. Synthetic leases can offer a tax and balance sheet efficient alternative for the acquisition and construction of a power generation facility and related equipment (collectively referred to in this Essay as a “power generation facility”). …

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Interpreting International Trade Statutes: Is The Charming Betsy Sinking?, Jane A. Restani, Ira Bloom Jan 2000

Interpreting International Trade Statutes: Is The Charming Betsy Sinking?, Jane A. Restani, Ira Bloom

Fordham International Law Journal

This essay is about the North American Free Trade Agreement (“NAFTA”), the General Agreement on Tariffs and Trade (“GATT”), and the World Trade Organization (“WTO”). The United States has chosen to participate in NAFTA, GATT, and WTO by the President's signing international agreements. These agreements, however, have not been presented to the Senate for ratification as treaties, although, as some commentators have noted, they bear the characteristics of treaties. Rather, they are implemented by Congress enacting domestic implementing legislation as statutory law.

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Renegotiating International Project Agreements, Jeswald W. Salacuse Jan 2000

Renegotiating International Project Agreements, Jeswald W. Salacuse

Fordham International Law Journal

The Essay examines the phenomenon of renegotiation of international project agreements, explores its nature and causes, and offers useful advice on how best to conduct the renegotiation process.

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