DISPUTE SETTLEMENT PURSUANT TO THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE: THE UNITED STATES-JAPAN METAL BAT DISPUTE

In this Note, the dispute settlement case involving the marketing of United States-made metal baseball bats in Japan will be examined. The effectiveness of the Standards Code’s dispute settlement procedures will be analyzed through an examination of the metal bat case and its effect on Japan’s standards laws and certification systems. Fred J. Coccodrilli

DISCRIMINATORY HIRING PRACTICES BY FOREIGN CORPORATIONS IN THE UNITED STATES– A LIMITED RIGHT

This Note will first examine the language of Title VII and the “of their choice” provision. It will then discuss the Second and Fifth Circuits’ resolutions of the two issues faced by these courts. This Note will analyze the courts of appeals decisions of the two issues in light of Supreme Court interpretations of treaties. Read More …

DELIBERATING AT A CROSSROADS: SEX TRAFFICKING VICTIMS’ DECISIONS ABOUT PARTICIPATING IN THE CRIMINAL JUSTICE PROCESS

Following the trauma associated with being exploited in the commercial sex industry, sex trafficking victims are faced with the decision of whether or not to cooperate with criminal justice authorities in the investigation and prosecution of their traffickers. This Article comprehensively explores the contours of this decisionmaking process with primary, empirical research conducted with victims Read More …

DEFENDERS APLENTY: ACCESS TO JUSTICE FOR WOMEN HUMAN RIGHTS DEFENDERS

Mia Manuelita Mascariñas-Green, a Filipino environmental lawyer, was shot and killed, with her three children and a nanny bearing witness. Police believe her murder was in retaliation for her client’s suit against a resort in a land rights dispute. Digna Ochoa was a prominent human rights lawyer in Mexico who, as a part of a Read More …

DEEMED LIQUIDATION: WHOSE RATE IS THISANYWAY

This Note argues that there are many reasons to believe that Congress did intend section 504 to operate as a penalty on Customs for failure to liquidate in a timely manner. Part I discusses the process by which imports are liquidated and how section 504 has been implemented. Part II examines how the CIT has Read More …

”DAMN THE TORPEDOES!”: INTERNATIONAL STANDARDS REGARDING THE USE OF AUTOMATIC SUBMARINE MINES

This Note synthesizes a customary international standard of usage for automatic submarine mines, taking into account existing international agreements and recent history. It then details the questionable nature of recent mine use in Nicaragua and the Red Sea, as judged against the synthesized standard, and the differing positions on acceptable standards of mine use asserted Read More …

COUNTERVAILING SOCIAL DUMPING—REGULATING ILL GOTTEN ECONOMIC GAINS

Misery underlies Malaysia’s expanding export industry. The misery is underpinned by social and economic factors related to the working conditions created by Malaysia’s migrant labor policies. A lack of enforceable international labor standards allows the Malaysian government to depress the wages and social rights of migrant workers in Malaysia,1 thereby depressing the global manufacturing labor Read More …

CONVENTION ON INTERNATIONAL LIABILITY FOR DAMAGE CAUSED BY SPACE OBJECTS: DEFINITION AND DETERMINATION OF DAMAGES AFTER THE COSMOS 954 INCIDENT

This Note examines the conflicting provisions of the Liability Convention in the context of the Cosmos 954 incident to determine whether the damages that Canada claimed would be recoverable under the Convention. The analysis will illustrate the need for change in the Liability Convention’s definition of the measure of damages. Finally, this Note presents a Read More …

CONTINUING CONFLICT BETWEEN UNITED STATES AND ENGLISH ADMIRALTY LAW ON LIMITATION OF LIABILITY: WHOSE PRIVITY BINDS THE CORPORATE SHIPOWNER

Part I of this Note examines the difference in respective emphasis placed by United States and English admiralty law upon responsibility of a corporate employee and the employee’s position in the corporate hierarchy in determining the employer’s right to limit liability. Part II analyzes the extent to which shipowners in England and the United States Read More …