International Law Commons^™

Introduction 21st Annual Scholarly Programs: The Future Of Force: Waging War In The 21st Century

UC Law SF International Law Review

This year's 21st Annual Scholarly Programs featured two events that brought leaders in the field together to discuss the legal bases for waging war in the 21st Century. The first event, the Scholars Forum, featured Professor Thomas M. Franck, who discussed his paper, Preemption, Prevention and Anticipatory Self-Defense: New Law Regarding Recourse to Force? Professor Diane Marie Amann, Professor David D. Caron, Professor Joel R. Paul and Judge Abraham D. Sofaer responded to Professor Franck's paper and offered their own perspectives. Professor Naomi Roht-Arriaza served as the mediator. The second event, the Rudolph B. Schlesinger Memorial Lecture, featured Michael J. …

The Eu Regulation On Insolvency Proceedings: The Need For A Modified Universal Approach, Jully Pae

UC Law SF International Law Review

The growth of cross-border insolvencies has increased with the growth of international business activity. As courts of multiple jurisdictions are implicated, conflict-of-law problems surface. This note examines different theories which purport to overcome these conflict-of-law problems. This note also proposes that a modified universalism theory, as opposed to the dominant universalism theory, is the best solution to the problems which arise from the cross-border insolvencies.

The Ethnic Greeks Of Turkey: The Present Situation Of The Greek Minority And Turkey's Human Rights Obligations Under International, Steven S. Skenderis

St. Thomas Law Review

In 1923, the Treaty of Lausanne ended the Greek-Turkish war of 1919-1922 and established two distinct minorities in both Greece and Turkey after a convention signed at the same time provided for the compulsory exchanges of populations; about a million and a half Greeks left Turkey for Greece, and about a half-million Turks left Greece for Turkey.' The Convention established that the Greeks of Istanbul, the Aegean islands of Imvros and Tenedos, and the Eastern Orthodox Christian Patriarchate would be allowed to remain in Turkey, while (to ensure a numerical balance) the Turks of Western Thrace were allowed to remain …

Bringing Reason And History Onto The Same Page: Lobato V. Taylor And The Struggle Over The Common Lands Of Spanish And Mexican Land Grants, Placido G. Gomez

St. Thomas Law Review

Lawyers, scholars and commentators have struggled for decades to articulate the proper role of Spanish and Mexican law and culture in the context of land grant litigation. Historians and legal scholars have suggested that the clash of two distinct and incompatible land tenure systems was, and still is, at the core of the issue. Other scholars and commentators posit that land grant policy and litigation was driven by the United States' early twentieth century quest to organize its public domain and the unscrupulous efforts of land speculators. The efforts of academics, for the most part, did not provide the assistance …

The Political Origins Of The New Constitutionalism, Ran Hirschl

Indiana Journal of Global Legal Studies

Globalization, Courts, and Judicial Power Symposium

Book Review. From Anarchy To Allottopia, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Beyond Imminence: Evolving International Law And Battered Women's Right To Self-Defense, Shana Wallace

Articles by Maurer Faculty

No abstract provided.

Reason Without Borders: How Transnational Values Cannot Be Contained, Shane B. Kelbley

Fordham International Law Journal

Part I of this Note will review the influence of international law in early U.S. history as well as the current practice of the U.S. Supreme Court in citing international law, and will briefly explain how principles of international law are imported into U.S. courtrooms. Part II will examine competing legal theories on the proper role for international law in U.S. constitutional interpretation. Part III will argue that although it is proper for U.S. courts to reference international sources in their decisions, the U.S. Supreme Court's current articulation of how courts should do so is deeply flawed. Part III will …

Courts And Globalization, Sir David Williams David Q. C.

Indiana Journal of Global Legal Studies

Globalization, Courts, and Judicial Power Symposium

The Art And Science Of Genetic Modification: Re-Engineering Patent Law And Constitutional Orthodoxies (The Harry T. Ice Chair Inaugural Lecture), Yvonne Cripps

Indiana Journal of Global Legal Studies

The Harry T. Ice Chair Inaugural Lecture

Transnational Federalism: Problems And Prospects Of Allocating Public Authority Beyond The State (The Earl A. Snyder Lecture In International Law), Jost Delbruck

Indiana Journal of Global Legal Studies

The Earl A. Snyder Lecture in International Law

Federalism, Through A Global Lens: A Call For Deferential Judicial Review, Alfred C. Aman

Indiana Journal of Global Legal Studies

Globalization, Courts, and Judicial Power Symposium

The Advantages Of The Civil Law Judicial Design As The Model For Emerging Legal Systems, Charles H. Koch, Jr

Indiana Journal of Global Legal Studies

Globalization, Courts, and Judicial Power Symposium

From Empire To Globalization . . . And Back? A Post-Colonial View Of Transjudicialism, Hannah Buxbaum

Indiana Journal of Global Legal Studies

Globalization, Courts, and Judicial Power Symposium

From Empire To Globalization: The New Zealand Experience, Janet Mclean

Indiana Journal of Global Legal Studies

Globalization, Courts, and Judicial Power Symposium

Test Of Multilateralism In International Trade: U.S. Steel Safeguards, Y.S. Lee

Northwestern Journal of International Law & Business

The highly publicized safeguard measures applied by the United States to an array of steel products in 2002 became one of the biggest and most controversial trade disputes in recent history. Virtually all major trading nations in the world, including the European Community, Japan , China , Brazil , Korea , New Zealand , Switzerland and Norway , were the direct parties to this dispute with the United States . The contentious legal grounds of the U.S. safeguard measures, as well as the lack of adequate consultations between the United States and its trading counterparts, have brought the international community …

Contemplating Failure And Creating Alternatives In The Balkans: Bosnia's Peoples, Democracy And The Shape Of Self-Determination, Timothy W. Waters

Articles by Maurer Faculty

A decade after Dayton, Bosnia is a fictive, failed state held together by outsiders' weapons and outsiders' will. All parties recognize that Bosnia's current constitutional dispensation is dysfunctional and are calling for change, but how should the international community respond? In deciding, we should recognize that we may owe Bosnians much, but we owe Bosnia nothing.

This Article argues that traditional self-determination doctrine is unable to justify either further claims for secession from Bosnia or Bosnia's own original secession. It examines the processes used by the international community to frame the dissolution of Yugoslavia and the recognition process for Bosnia, …

Jurisdictional Conflict In Global Antitrust Enforcement, Hannah Buxbaum

Articles by Maurer Faculty

No abstract provided.

Patenting Business Methods In Europe: What Lies Ahead?, Matthew E. Fink

Indiana Law Journal

No abstract provided.

Introduction: The Triangulation Of International Intellectual Property Law: Cooperation, Power, And Normative Welfare, Peter M. Gerhart

Faculty Publications

Introduction to the symposium "The Future of International Intellectual Property: The International Relations of Intellectual Property Law," Cleveland, Ohio March 26,2004.

Book Review, “Diversity And Self-Determination In International Law” By Karen Knop, Gregory H. Fox

Law Faculty Research Publications

No abstract provided.

European Community Compulsory Licensing Policy: Heresy Versus Commen Sense Symposium On European Competition Law , Frank Fine

Northwestern Journal of International Law & Business

There is a growing trend to limit the rights of intellectual property owners when the public interest warrants. Until very recently, this phenomenon has been manifested only at a transnational level.1 For example, the World Trade Organization, as recently as November 2001, in its Doha Agreement ("Doha"),2 enabled certain nations of the Asian and African subcontinents to obtain compulsory licenses to manufacture and distribute domestically certain anti-retroviral drugs by declaring a state of national health emergency. Doha raises an intriguing question: if limited intrusions into valuable intellectual property rights may be justified on public health grounds, should not such intrusions …

Injury Investigations In "Material Retardation" Antidumping Cases, Prakash Narayanan

Northwestern Journal of International Law & Business

Despite the criticisms of economists to antidumping measures, they continue to be the most often used trade remedy measure. A new trend that may be observed is the use of the "material retardation" standard of injury to demonstrate injury to domestic industry that is one of the requirements for imposing antidumping duty. It is essential to be wary of this trend as unlike the other two types of injury, the WTO lacks specific guidelines for the use of this standard. The general rules in the Antidumping Agreement are unsuitable for the situations where the material retardation standard is relevant, and …

The Modern Version Of The Shot Heard 'Round The World: America's Flawed Revolution Against The International Criminal Court And The Rest Of The World, Sasha Markovic

Cleveland State Law Review

At a conference in Rome, nations from around the globe created the International Criminal Court to hold accountable and punish those responsible for genocide, war crimes and crimes against humanity. When the moment of truth arrived for the United States, the United States opposed the formation of the International Criminal Court. Moreover, in response to the existence of the Court, the United States took measures to insulate itself from the jurisdiction of the Court by enacting the American Servicemembers' Protection Act. The United States justified its opposition and actions against the Court by stating that the Court was a fatally …

Charging The Jury On Damages In Personal-Injury Cases: How New York Can Benefit From The English Practice, Charles D. Cole Jr

Syracuse Journal of International Law and Commerce

The trial of a personal-injury case to a jury is fraught with uncertainty. Uncertainty stems from whether the plaintiff will prevail (and whether the jury will find the defendant at fault) and the amount of damages. Personal injuries, such as a broken ankle or a busted knee, do not translate well into specific dollar awards. Awarding a sum of money for a personal injury is firmly rooted in the law and is the only means available to compensate the plaintiff for a loss. These means are entrusted to the jury beginning at jury selection and continuing throughout the trial. trial …

The Legal Arguments In The Seneca-Cayuga Tribe Bingo Hall, Daan Braveman

Syracuse Journal of International Law and Commerce

The Seneca-Cayuga Tribe of Oklahoma brought a lawsuit in federal court against the Town of Aurelius and some other defendants. That lawsuit, as much as any lawsuit that I know of that has been decided in the past, presents the issue that we are confronted with today and that is: What is the right of people to return, and what kind of jurisdictional controls can they have over the land once they return?

Necessary Reform Of Insurance Law In China After Its Wto, Kuan-Chun Chang

Syracuse Journal of International Law and Commerce

This paper will include five parts: Part I will clearly examine China's obligations under the General Agreement on Trade in Service and its WTO commitments through official WTO documents. Part II will briefly introduce the history of China's insurance business and relevant legislation, discuss the recent rapid growth in the Chinese insurance market, and reveal that, although the legal reform in insurance law and related regulations has been initiated, other reforms are still necessary to back the continuing growth of the insurance market. Part III will examine whether the Insurance Law of 2002 and related regulations have conformed with all …

Does The Right Of Self-Determination Include A Right To A Homeland?, Allison M. Dussias

Syracuse Journal of International Law and Commerce

I would like to spend some time pinning down some of the legal support for this proposition that the right of self-determination has to include the right to a homeland. The starting point is defining self-determination. What do we mean by self-determination? What do we mean by the right of self-determination? Once we define that then we can think more about how the idea of a homeland fits into that broader concept of self-determination.

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

The War In Iraq And Imf Reform, S. Brock Blomberg

Syracuse Journal of International Law and Commerce

IMF is largely failing in its mission to address economic stability. However, the Commission unanimously supported a proposal maintaining that the IMF continues to restrict short-term crises assistance. Why limit IMF assistance? Since the IMF provides funds to countries in need, the expectation of such assistance creates moral hazard or incentives that encourage reckless behavior and bad policies for countries. In other words, countries may not make necessary economic reforms because they believe that the IMF will bail them out during difficult times, especially if there is an important strategic interest in preventing a country from economic crisis. good economic …