International Law Commons^™

A Journey Of Two Countries: A Comparative Study Of The Death Penalty In Israel And South Africa, Michelle M. Sharoni

UC Law SF International Law Review

The death penalty remains a complex and controversial topic in many countries all around the world. Israel and South Africa have traveled along diverse and fascinating paths in deciding whether the death penalty is constitutional. This Note examines the history of the death penalty in Israel and South Africa, emphasizing the process of its abolition.

This Note reviews the sources of Hebrew law, the history of the death penalty in Israel and the Jewish legal system. It addresses the history of the death penalty in South Africa, from the period of the early settlers up to a recent unanimous decision …

The Price Of Passion: The Banishment Of English Hooligans From Football Matches In Violation Of Fundamental Freedoms, Geoff Beckham

UC Law SF International Law Review

International football is the world's most popular team sport. As often as the global football community exults in worldwide camaraderie, its image is scarred by the inexplicably violent behavior of its supporters.

This Note examines English efforts to curb hooliganism through recently-enacted legislation. The anti-hooligan laws are analyzed in light of the protections guaranteed in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the U.S. Constitution. This Note concludes that English hooligan laws violate Article 7 of the European Convention and the ex post facto clause of the U.S. Constitution.

Compulsory Licensing Of Pharmaceuticals Under Trips: What Standard Of Compensation, Susan Vastano Vaughan

UC Law SF International Law Review

Harmonization of international intellectual property laws has been the object of considerable recent effort under both public international law and international trade law. The GATT Uruguay Round Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) resulted in significant steps toward harmonization. The proper application of compulsory licensing of patents under TRIPS has been the subject of much early debate. Proposed standards of compensation have been wildly divergent, reflecting the conflicting policy concerns of developed and developing nations.

This Note provides an overview of the conflict between developed and developing nations over the proper reach of intellectual property rights. It then …

A First Look At The Interim Merits Award In S.D. Myers, Inc. V. Canada: It Is Possible To Balance Legitimate Environmental Concerns With Investment Protection, Todd Weiler

UC Law SF International Law Review

This Article is a response to Joseph de Pencier's paper Investment, Environment and Dispute Settlement: Arbitration Under NAFTA Chapter Eleven in issue 23:3-4 of this journal. This reply is based upon the author's experience as counsel for the investor in S.D. Myers, Inc. v. Canada (Myers) and similar cases.

This Article provides a critical commentary on various elements of Mr. de Pencier's paper that deal with the Myers claim. It provides some tentative suggestions on how the substantive provisions of NAFTA Chapter 11 might be interpreted in future cases where investment protection and environmental protection appear to be at odds.

Ryousai Kenbo Revisited: The Future Of Gender Equality In Japan After The 1997 Equal Employment Opportunity Law, Robert Larsen

UC Law SF International Law Review

In 1985 amid international and domestic pressure, Japan enacted the Equal Employment Opportunity Law (EEOL). Many viewed it as an era of change, one that would see Japanese women rise to equality with male co-workers. However, equal employment never materialized. Historical context and the experience of the 1985 EEOL provide insights into the future of gender equality in Japan.

This Note provides a brief description of the Japanese corporate world and a historical context of women in Japanese society. It identifies pressures, both domestic and international, that Japan faced prior to 1985 that led up to the EEOL. The 1985 …

The Internet Content Rating Association: The Way To Patrol The Internet Highway, Carrie Lam

UC Law SF International Law Review

The Internet makes information easily accessible and allows people all over the world to research and telecommute from the comforts of their own homes. However, such unlimited access is a double-edged sword. Problematic information that is accessible to anyone with a computer and a modem, such as sexually explicit material, can also be found on the Internet.

This Note examines the conflict between protecting children online and protecting free speech. A comparison is made between the United States' attempts at solutions through the Communications Decency Act and the Child Online Protection Act, and the new international and self-regulatory approach of …

The Socialist Republic Of Vietnam's Labor Code: Looking Beyond The Printed Papers, Johnny Vinh Phan

UC Law SF International Law Review

The Vietnamese government's anxiety and fear of foreign involvement within its borders can be traced back to its history of foreign domination. Many generations of Vietnamese endured continuous warfare to obtain Vietnam's current independence.

This Note walks through Vietnam's economic changes over the past fifteen years. It describes Vietnam's Labor Code, and analyzes the Vietnamese legal system's shortcomings in protecting workers from exploitation by multinational corporations. The Note then identifies possible explanations and solutions to some of the problems, and concludes with an overview of doi moi ("new economic thinking").

Review Of Human Rights In Global Politics, Christine M. Chinkin

Reviews

The fiftieth anniversary of the Universal Declaration of Human Rights in 1998, coming in the decade after the resurgence of Western-style liberal democracies, has generated much writing and activity over the current status and future development of international human rights law, practice, and discourse. International lawyers tend to take for granted the canon of rights that, in the wake of the Universal Declaration, have been enshrined within the body of international instruments that have been adopted within regional and global arenas. In the 1990s, these lawyers largely turned their attention away from standard setting and to issues of effectiveness. Considerable …

The International Recognition Of Judgments: The Debate Between Private And Public Law Solutions, Antonio F. Perez

Scholarly Articles

This article explores institutional alternatives for balancing the competing trade and non-trade concerns at the national and global levels in relation to the recognition and enforcement of judgments. It argues against a private international law convention of the kind that is currently being negotiated at the Hague Conference on Private International Law, and against quasi-constitutional and constitutional solutions, such as those employed by the European Union and the United States. Rather, the article argues that managing the tensions between trade and non-trade values and between state autonomy and globally established standards can best be achieved through a supplementary agreement in …

A Step At A Time: New Zealand's Progress Toward Homonid Rights, Rowan Taylor

Animal Law Review

All members of the Homindae Family (humans, chimpanzees, bonobos, gorillas, and orangutans) share complex cognitive aptitudes not shared by most other animals. Yet only human hominids have legal rights to life and personal security. The campaign to win fundamental rights for all hominids took a small but significant step forward in 1999 when New Zealand's Animal Welfare Act banned the use of non-human hominids in research, testing, and teaching except where such uses are in the hominids' best interests. In preventing human interests from trumping non-human ones, the Act took a first step toward dismantling speciesism within the hominid family. …

Legal Trade In African Elephant Ivory: Buy Ivory To Save The Elephant?, Sam B. Edwards Iii

Animal Law Review

Trade in endangered species is a complicated issue. The trade in ivory creates tensions between western conservation-driven beliefs and developing countries' reliance on wildlife as a resource. This article examines the recent decision under the Convention on International Trade in Endangered Species (CITES) to conduct a one-time sale of ivory from Zimbabwe, Namibia, and Botswana to Japan. Since trade in endangered species involves many different disciplines, this paper touches on biology, international law, economics, and public policy. In theory, limited trade in African elephant ivory is possible and even advantageous for the various actors. However, in practice, the management controls …

Applying The Market Participant Exception To Selective Purchasing Laws That Affect Foreign Commerce Relations: Reading Between The Lines Of National Foreign Trade Council V. Natsios, Michelle C. Sarruf

Seattle University Law Review

In this Note, I will examine the background of the situation in Burma as well as the federal and state legislation passed in response to the atrocities occurring within Burma's borders. I will then address the First Circuit's holding that the Massachusetts Burma Law is unconstitutional, focusing on the court's foreign Commerce Clause analysis and failure to apply the market participant exception. Finally, I will discuss the history of and the justifications for the market participant exception, exploring how the exception should be applied in the context of foreign commerce.

Universal Jurisdiction And U.S. Law, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Was Genocide Committed In Bosnia And Herzegovina? First Judgments Of The International Criminal Tribunal For The Former Yugoslavia, William A. Schabas

Fordham International Law Journal

There are to date some six significant judicial pronouncements dealing with the interpretation and application of article 4--genocide - of the ICTY Statute: two Rule 61 hearings; the Trial Chamber rulings in Jelisic, Krstic, and Sikirica; and the Appeals Chamber decision in Jelisic. In the course of these judgments, the ICTY has made important pronouncements about the actus reus of genocide, the nature of the protected groups, the quantitative dimension of the crime, and the concept of intent.

It is now nearly a decade since international justice began examining whether genocide was committed in Bosnia. Astonishingly, the really big question-and …

An Assessment Of The Icc Statute, Roy S. Lee

Fordham International Law Journal

The large number of signature States together with the current speed of ratification from various regions of the world seems to indicate the general acceptance of the treaty; many of the problems first identified have since been clarified and resolved. It seems reasonable to expect the Rome Statute to come into operation as early as next summer. While it is necessary to ensure effective criminal investigation and prosecution to counter serious human rights violations, we need also to develop additional ways and means for addressing the root causes that led to violations and impunity. Justice is important but justice alone …

People V. Madej: Illinois' Violation Of The Vienna Convention On Consular Relations, Brook M. Baily

Loyola University Chicago Law Journal

No abstract provided.

Members And Outsiders: An Examination Of The Models Of United States Citizenship As Well As Questions Concerning European Union Citizenship, Ediberto Roman

University of Miami International and Comparative Law Review

No abstract provided.

Save The Marriage Before (Not After) The Ceremony: The Marriage Preparation Act - Can We Have A Public Response To A Private Problem?, Lundy Langston

University of Miami International and Comparative Law Review

No abstract provided.

Postcolonial Encounters In The Postpinochet Era: A Latcrit Perspective On Spain, Latinas/Os And "Hispanismo" In The Development Of International Human Rights, Francisco Valdes

University of Miami International and Comparative Law Review

No abstract provided.

Student Article: The Chinese Legal System Made Easy: A Survey Of The Structure Of Government, Creation Of Legislation, And The Judicial System Under The Constitution And Major Statutes Of The Prc, Marc Rosenberg

University of Miami International and Comparative Law Review

No abstract provided.

Jurisdicción Universal Y Crimenes Internacionales, Magdalena María Martin Martínez

University of Miami International and Comparative Law Review

No abstract provided.

Expert Witnesses, Kimberly M. Miles

War Crimes Memoranda

No abstract provided.

Is Evidence Of Rape Relevant And Therefore Admissible Where Genocide, But Not Crimes Against Humanity (Rape), Has Been Charged In An Indictment?, Kathleen Cavanaugh

War Crimes Memoranda

No abstract provided.

Proving The Nexus Between A Criminal Defendant And The Criminal Conducts Of Subordinates And Associates In War Crimes Charges Pursuant To Article 4 Of The Ictr, Richard Davies

War Crimes Memoranda

No abstract provided.

Superior Responsibility Absent The Subordinate Being Formally Charged, Chad Frederick Affsa

War Crimes Memoranda

No abstract provided.

Surrender Of Accused By Domestic States To The Ictr, Agnes Escurel

War Crimes Memoranda

No abstract provided.

The Balancing Of The Rights Of The Accused Against The Rights Of A Witness In Regard To Anonymous Testimony., Anna M. Haughton

War Crimes Memoranda

No abstract provided.

The Concept Of Withdrawal From A Conspiracy, Tammy Lopez

War Crimes Memoranda

No abstract provided.

The Decision By The Appeals Chamber In Jelisić Not To Remit The Case For Trial After Reversing A Mid-Trial Acquittal, Gregory P. Lombardi

War Crimes Memoranda

No abstract provided.

The Exercise Of Universal Jurisdiction By Belgium Over Ictr Targets, Julia J. Carabillo

War Crimes Memoranda

No abstract provided.