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Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

As international commerce continues to increase in online volume, so to will disputes arising out of that online commerce.

Animal Welfare Law In Canada And Europe, Elaine L. Hughes, Christiane Meyer

Animal Law Review

The idea that animals are entities that deserve protection, irrespective of their utility to man, is firmly grounded in the Enlightenment. The principle that a creature's need for considerate treatment did not depend on the possession of a soul or the ability to reason, but on the capacity to feel pain was formulated and debated at that time. The debate continues today-Canada is in the midst of examining its own ethical, philosophical and legal beliefs about animal welfare and cruelty. This article examines the current state of animal welfare and cruelty laws and recent attempts through federal legislation to modernize …

New Zealand's Animal Welfare Act: What Is Its Value Regarding Non-Human Hominids?, Paula Brosnahan

Animal Law Review

New Zealand's Animal Welfare Act has been touted as a world first in great ape protection, and that may be true. However, it has also been depicted as an act conferring basic legal rights on great apes, and that is an exaggeration. Challenging the legal status of great apes in any jurisdiction requires sound, factual propositions. Therefore, the background and breadth of New Zealand's protections must be understood before proponents of change employ them as precedent. This essay offers a brief history of the non-human hominid provisions of New Zealand's Animal Welfare Act.

Throwing Caution To The Wind: The Global Bear Parts Trade, Adam M. Roberts, Nancy V. Perry

Animal Law Review

The exploitation of bears occurs in a myriad of forms. Bear baiting, abuse of bears in entertainment, habitat destruction, and the legal and illegal trade of bear parts all contribute to the decline of the bear. The market demand for bear gallbladders and bile is on the rise and is negatively impacting bear populations worldwide. Mounting evidence points to a systematic pattern of killing bears in the United States and Canada in order to satisfy the demand for bear parts in consuming nations, primarily Asian markets. The bear parts trade is international in scope and difficult to regulate and contain. …

American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen

Faculty Publications

Just over ten years ago, Germans tore down a wall that divided their country and the whole of Europe. Stepping through the hole in the Berlin Wall, they took the first steps towards the reunification of West and East Germany and the end of the Cold War. Today another wall is being torn down—that between purely domestic law and international law. Companies are engaged in international trade at ever increasing rates. Environmental degradation has proved to be a global problem that cannot be solved with uncoordinated local measures. Individuals worldwide are pressing their governments for the recognition of a common …

Environmental Law In Third World Countries: Can It Be Enforced By Other Countries?, Pam Slater

ILSA Journal of International & Comparative Law

As Third World countries' develop into more industrialized countries, they face numerous problems relating to their social, economic and political development.

Advances In Cross-Border Insolvency Cooperation: The Uncitral Model Law On Cross-Border Insolvency, Ronald J. Silverman

ILSA Journal of International & Comparative Law

International insolvencies have proliferated in the past decade, but the law of international insolvency has not kept pace.

Clash Of Power And Jurisdiction: The United States Supreme Court V. The International Court Of Justice, Charles B. Radlauer

St. Thomas Law Review

In Breard v. Greene, the Supreme Court of the United States ignored an order of the International Court of Justice ("ICJ") requesting a temporary stay of execution. In so doing, the Court may have violated Article 94 of the United Nations Charter, a duly ratified treaty of the United States, which requires the United States to abide by decisions of the ICJ. This case arose in federal court on a writ of habeas corpus on appeal from a state court conviction of attempted rape and murder in Virginia. After the writ of habeas corpus was denied in both the district …

Changes In International Air Cargo: Montreal Protocol No. 4 Attains Force Of Law, Carl W. Christy Jr.

ILSA Journal of International & Comparative Law

On March 4, 1999, the handling of many international air cargo claims arising within the United States changed

Discovery In International Legal Developments Year In Review: 1998, Christopher J. Borgen

Faculty Publications

American procedure regarding international discovery stems from 28 U.S.C. §§ 1781-1783, and the Federal Rules of Civil Procedure, in particular Rule 28(b). The leading case on the topic of international discovery is the Supreme Court's decision in Société Nationale Industielle Aerospatiale v. United States District Court. Many later cases base their reasoning on interpretations of Aerospatiale. This article is a brief review of developments during the year.

Sovereignty, Compliance, And The World Trade Organization: Lessons From The History Of Supreme Court Review, Mark L. Movsesian

Faculty Publications

One of the World Trade Organization’s (WTO's) more remarkable and controversial innovations is its mechanism for resolving trade disputes among member states. Traditionally, states have resolved such disputes in "pragmatic" fashion, through negotiation and compromise informed by the relative power of the parties involved. But no longer: the WTO's Understanding on Rules and Procedures Governing the Settlement of Disputes (the DSU) provides that disputes between member states are to be resolved in adversary proceedings before impartial panels of experts." Under the DSU, panels have authority to decide whether members' laws violate international trade norms; panel decisions are essentially binding, though …

Index (Volume 72)

International Law Studies

No abstract provided.

With Law In Their Minds: Some Reflections On The Nature Of Public International Law At The Light Of Current Political Science Theory, Carlos Fernando Diaz

ILSA Journal of International & Comparative Law

The conclusion I came to during my time in the Foreign Office was that the old international order was neither a natural phenomenon to which humanity had simply adjusted its behaviour nor a fortuitous aggregation of countless past events of human interaction.

Technological Advances In Banking: A Move To A Global Economy, Cymonie Rowe

ILSA Journal of International & Comparative Law

Technology permeates every aspect of our society. From medicine to data processing and the banking industry, technology, while arguably an advancement, has the potential of breeding unexpected consequences. Technology has permeated the banking industry as well. The once

Ilsa Journal Of International & Comparative Law: International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Discovery In International Legal Developments Year In Review: 1997, Christopher J. Borgen

Faculty Publications

U.S. law provides litigants with a variety of means to obtain evidence from foreign jurisdictions. The Federal Rules of Civil Procedure (the Federal Rules) and rules of state courts may be used if a U.S. court has jurisdiction over the person who is in control of the evidence in question. Section 1783 of tide 28 of the United States Code provides a means for serving a subpoena on U.S. nationals or residents abroad. Litigants may also obtain foreign discovery through letters rogatory as permitted by 28 U.S.C. § 1781 and treaties such as the Hague Convention on Taking Evidence (the …

The Wto Legal System: Sources Of Law, David Palmeter, Petros C. Mavroidis

Faculty Scholarship

Modern discussions of the sources of international law usually begin with a reference to Article 38 (1) of the Statute of the International Court of Justice (ICJ), which provides:

The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

1. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
2. international custom as evidence of a general practice accepted as law;
3. the general principles of law recognized by civilized nations;
4. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly …

Indigenous Peoples And International Law: The Case Of Ecuador, Francisco Lopez Bermudez

St. Thomas Law Review

The present Article focuses on the study of international law and indigenous peoples with a special reference to the practice of the State of Ecuador in this regard. For the sake of brevity, only the work of the international community since the establishment of the United Nations will be taken into consideration.

Law In Development: On Tapping, Gourding, And Serving Palm-Wine, Maxwell O. Chibundu

Case Western Reserve Journal of International Law

No abstract provided.

Low-Intensity Conflict And The Law, L. C. Green

ILSA Journal of International & Comparative Law

The term low-intensity conflict is relatively new in military and political language and is employed more or less synonymously with noninternational conflict, especially when such a conflict becomes of international concern.

The Lawfulness Of Humanitarian Intervention, Michael J. Reppas

St. Thomas Law Review

This article addresses the conflicting claims of territorial sovereignty and humanitarian intervention, analyzes how these claims have been resolved in the past, and predicts how current trends in resolution will affect the global common interest. Part II discusses, in detail, the conflicting theories of territorial sovereignty and humanitarian intervention. Part III analyzes the trends in decision-making and the conditioning factors since the end of the Second World War that have motivated the United Nations to establish international law and a specific protocol for when humanitarian intervention is justified. Part IV analyzes the history between the United States and the former …

Status Of Indigenous Rights In Fiji, Nehla Basawaiya

St. Thomas Law Review

No abstract provided.

Discovery In International Legal Developments Year In Review: 1996, Christopher J. Borgen

Faculty Publications

American procedure regarding international discovery stems from 28 U.S.C. §§ 1781-83, and Federal Rule of Civil Procedure (FRCP or Rule) 28(b). Broadly speaking, these rules are concerned with the mechanics of assessing requests for discovery in the United States to assist a proceeding in a foreign country and attempts by one or more parties before a U.S. court to obtain evidence located in another country. This article serves as a brief review of developments during the year.

Journal Of International & Comparative Law And The International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

State Responsibity And Civil Reparation For Environmental Damage, Leslie C. Green

International Law Studies

No abstract provided.

Framing The Issues, Carlson M. Legrand

International Law Studies

No abstract provided.

International Law And Land Mines, Joerg Wimmers

ILSA Journal of International & Comparative Law

The Review Conference in Vienna' has failed to adopt a revised Convention due to unbridgeable differences among delegations on a strengthened Protocol II of the Convention (Land Mine Protocol). Almost all important provisions of the Protocol were contentious and a number of delegations showed very limited room to move toward a compromise.

International Law And The Inner Worlds Of Others, W. Michael Reisman

St. Thomas Law Review

No abstract provided.

Environmental Rights And Indigenous Wrongs, Mahnoush H. Arsanjani

St. Thomas Law Review

The early writers of international law were environmentally literate. Grotius, for example, in his great novel, The Law of War and Peace, prohibited certain potentially advantageous tactics because of their long-term environmental costs. But, the early writers lived in a preindustrial era, where it was reasonable to design a public order based on maximum access and use, and minimum regulation. After all, no matter how many wind driven ships sailed the ocean surface, the ocean would not "wear out." The industrial revolution irrevocably changed that reality. International concern about the protection of the environment began to take political form and …

Development Of The Rights Of The Indigenous Child Under International Law, Cynthia Price Cohen

St. Thomas Law Review

In 1994, the United Nations dedicated the ten-year period starting December 10, 1994, as the Decade of the World's Indigenous People. At the end of the decade, children who were born during the International Year for the World's Indigenous People (1993) will be approaching puberty, while those who were pre-teens that year will have become young adults. It is a very significant time for indigenous children because, all over the world, indigenous families and tribal groups are beginning to receive the recognition that has so long been denied them. To a great extent, this is happening as the result of …