International Law Commons^™

Changing Notions Of Sovereignty And Federalism In The International Economic System: A Reassessment Of Wto Regulation Of Federal States And The Regional And Local Governments Within Their Territories, Edward T. Hayes

Northwestern Journal of International Law & Business

International trade liberalization increasingly addresses disciplines which fall within the constitutional competence of regional and local governments. Traditional notions of nation/state sovereignty are evolving to recognize the importance of regional and local actors on the international economic scene. The ongoing evolution of international trade and sovereignty incresasingly places regional and local governments in a unique position to influence world trade, positively and negatively.

This article explores the manner in which the World Trade Organization attempts to regulate regional and local behavior. Specifically, this Article explores the inherent constitutional tension and resulting ambiguities in the WTO's effort to regulate regional and …

Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claims Act Liability, Lori Delaney

Northwestern Journal of International Law & Business

The Second and Ninth Circuit Courts have recently heard cases dealing with the application of the Alien Tort Claim Act (ATCA) against private, U.S. based multinational corporations (MNCs), and come to differing conclusions on the standards that should be used in applying this complicated law to suits by foreign nationals against U.S. based MNCs. The issue of private corporate liability under the ATCA was not definitively resolved by the Supreme Court in its recent decision in Sosa v. Alvarez-Machain , and thus the Circuits must continue to grapple with the application of the ATCA to U.S. based MNCs.

The Second …

The Spirit Of Trips And The Importation Of Medicines Made Under Compulsory License After The August 2003 Trips Council Agreement, Jessica J. Fayerman

Northwestern Journal of International Law & Business

The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement has changed prospects for access to necessary medications in the developing world. The use of compulsory licensing for pharmaceutical products embodied in Article 31 of TRIPS has been a contentious issue. Prior to 2003, countries with no manufacturing capacity of their own were not allowed to import medicines made under compulsory license, rendering the protections of Article 31 of little use to them. The 2003 Motta Agreement changed this. This expansion of the compulsory licensing power is both an impractical solution and it dilutes the premises upon which TRIPS was originally …

New Ec Merger Regulation: A First Assessment Of Its Practical Impact, The Symposium On European Competition Law , Werner Berg

Northwestern Journal of International Law & Business

In the late evening of November 27, 2003, the Council of Ministers reached a political agreement on the amended text of the European Community Merger Regulation ("ECMR"), which is due to enter into force on May 1, 2004, the date for enlargement of the European Union. In the following article, the New ECMR will be assessed from a practitioner's perspective. Since the new substantive test is being dealt with in another contribution to this Symposium, this analysis focuses on the jurisdictional and procedural issues

The Interpretive Turn In International Sales Law: An Analysis Of Fiften Years Of Cisg Jurisprudence, Larry A. Dimatteo, Lucien Dhooge, Stephanie Greene, Virginia Maurer

Northwestern Journal of International Law & Business

The United Nations Convention on Contracts for the International Sale of Goods ("CISG") was adopted on April 11, 1980, under the auspices of the United Nations Commission on International Trade Law ("UNCITRAL"). The focus of this article is not whether the CISG mandates or should mandate absolute uniformity of application. The literature on this subject is quite extensive.15 Instead, this article recognizes that many CISG provisions are the product of compromise and thus we ask whether these compromises have proven to be effective or have resulted in a chaotic jurisprudence. How have the articles of the CISG actually been interpreted …

Trips' Rebound: An Historical Analysis Of How The Trips Agreement Can Ricochet Back Against The United States, Donald P. Harris

Northwestern Journal of International Law & Business

Recently, scholars and commentators around the world have reexamined the role intellectual property rights (IPRs) play in hindering or helping developing countries. These scholars have questioned the doctrine the IPRs help developing countries by promoting economic development, increasing foreign direct investment, stimulating domestic innovation, and improving access to new technologies, and have concluded that imposing "Western-styled" intellectual property regimes (e.g., the U.S. patent regime) on developing countries harms those countries. In particular, such regimes fail to bring any of the purported benefits, while they impose many costs, including preventing people from obtaining life-saving drugs. This Article argues that it is …

The Innovative German Approach To Consumer Debt Relief: Revolutionary Changes In German Law, And Surprising Lessons For The United States, Jason J. Kilborn

Northwestern Journal of International Law & Business

This Article seeks to achieve two goals as it describes the consumer provisions of the new German Insolvency Act. First, it reveals critical distinctions between the theory of consumer insolvency, as described in German law and legal literature, and the reality of consumer insolvency in practice, as it has developed in the four-and-a-half years since the law went into effect. From both theoretical and practical perspectives, the German experience both supports and challenges many of the notions underlying consumer bankruptcy reform debates in the United States. As it turns out, the German and U.S. consumer debt relief systems produce largely …

Reflections On The Sixth Annual Grotius Lecture By Anna Chua, Upendra Baxi

American University International Law Review

No abstract provided.

Command Responsibility: A Call To Realign Doctrine With Principles, Arthur Thomas O'Reilly

American University International Law Review

No abstract provided.

La Responsabilidad Penal Del Individuo Por El Crimen De "Limpieza Étnica" En La Jurisprudencia Internacional, Emiliano Buis

American University International Law Review

No abstract provided.

The Utility Of Pro Bono Representation Of U.S.-Based Amicus Curiae In Non-U.S. And Multi-National Courts As A Means Of Advancing The Public Interest, Madeleine Schachter

Fordham International Law Journal

Among the myriad ways that the interests of underprivileged persons and groups can be protected and promoted, and other causes of public interest can be served, is through the participation by amicus curiae in litigation adjudicating relevant issues. Amici must "identify every person or entity, other than the amicus curiae, its members, or its counsel, who made a monetary contribution to the preparation or submission of the brief." An amicus who has been adversely affected as an individual by enforcement of a law that a corporate litigant is contesting may be able to poignantly present the law's ramifications through personal …

What Challenges Do The Central European And Mediterranean States Face In Trying To Join The Third Stage Of European Monetary Union?, Andrej Fatur

Fordham International Law Journal

One of them is the need to satisfy the conditions of full membership in the Economic and Monetary Union ("EMU") and the adoption of the Euro as their official currency. The Article then sets out the procedure to join the system for coordinating national currency exchange rates to the Euro, called the Exchange Rate Mechanism II ("ERM II") and presents the economic situation in the new Member States in light of the convergence criteria. This gave birth to the so-called Pre-Accession Fiscal Surveillance Procedure ("PFSP"), which aims to prepare the new Member States for participation in the multilateral surveillance and …

One-China Policy And Taiwan, Y. Frank Chiang

Fordham International Law Journal

In April 2003, the severe acute respiratory syndrome ("SARS") disease spread to the island of Taiwan. These statements, made by the general who assigned the R.O.C. government to assume the task of the post-surrender administration of Formosa, and those of the high governmental officials of the leading Allied Powers not only demonstrate that the R.O.C. government has not acquired title to the island of Taiwan by occupation for the State of China, but also attest to the existence of a rule in international law that if title to a territory of the defeated State is to be changed after a …

Distributive Politics And International Institutions: The Case Of Drugs, Eyal Benvenisti, George W. Downs

Case Western Reserve Journal of International Law

No abstract provided.

Lesser Evils In The War On Terrorism, Mark A. Drumbl

Case Western Reserve Journal of International Law

No abstract provided.

Mediating Interactions In An Expanding International Intellectual Property Regime, Laurence R. Helfer

Case Western Reserve Journal of International Law

No abstract provided.

Recognizing Ilo Rights To Organize And Bargain Collectively, Grease In China's Transition To A Socialist Market Economy, Toby D. Merchant

Case Western Reserve Journal of International Law

No abstract provided.

Masthead, Volume 36 Issue 1 (2004)

Case Western Reserve Journal of International Law

No abstract provided.

Volume 36 Issue 1 (2004), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

Masthead, Volume 36 Issue 2 (2004)

Case Western Reserve Journal of International Law

No abstract provided.

The Legal Case Against The Global War On Terror, Mary Ellen O'Connell

Case Western Reserve Journal of International Law

No abstract provided.

Merging International Human Rights Law With Personal Injury Law In The Fight Against Terrorism, Allan Gerson

Case Western Reserve Journal of International Law

No abstract provided.

Leaving Wonderland: Distinguishing Terrorism From Other Types Of Crime, Jonathan Leiken

Case Western Reserve Journal of International Law

No abstract provided.

A Thorn On The Tulip - A Scottish Trial In The Netherlands: The Story Behind The Lockerbie Trial, David R. Andrews

Case Western Reserve Journal of International Law

No abstract provided.

Trips And The Dynamics Of Intellectual Property Lawmaking, Graeme B. Dinwoodie, Rochelle C. Dreyfuss

Case Western Reserve Journal of International Law

No abstract provided.

Abusing Self-Determination And Democracy: How The Tplf Is Looting Ethiopia, Matthew J. Mccracken

Case Western Reserve Journal of International Law

No abstract provided.

The Logical Nexus Between The Decision To Deny Application Of The Third Geneva Convention To The Taliban And Al Qaeda And The Mistreatment Of Prisoners In Abu Ghraib, Evan J. Wallach

Case Western Reserve Journal of International Law

No abstract provided.

Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.

The Trials Of Al Qaeda: Federal Court Vs. Military Commission, Toni Locy

Case Western Reserve Journal of International Law

No abstract provided.

The Obstacles To Suppressing Radical Islamic Terrorist Financing, John D.G. Waszak

Case Western Reserve Journal of International Law

No abstract provided.