Tag: INTERNATIONAL LAW JOURNAL

Part I of this Note will discuss the manner in which ICSID arbitration acts as a contractual substitute for litigation before national courts. Part II will review the decision of the ICSID tribunal in Amco Asia Corp. In Part III, the Note will examine the confidentiality requirement imposed by the ICSID Convention and the Arbitration Read More …

Part I of this article describes the basic framework of the ACA’s proposal for copyright protection of data bases. It also compares and contrasts the opposing viewpoints expressed by MITI and in the ACA Report. Part II examines United States legal theories relating to data bases and analyzes the conflicts between the ACA Report and Read More …

Given the very clear and limited role that states created for judicial settlement in the United Nations Charter, a serious attempt to expand the International Court of Justice’s jurisdiction would inevitably involve an amendment of the Charter itself. In light of the hostility that all but a few states have shown with regard to compulsory Read More …

This Article challenges the validity of Judge Pescatore’s theory [that Member States of the ECC are prevented by Community law from intervening in the marketplace by legislation Giuliano Marenco

This Note will briefly trace the development of diplomatic immunity law in the United States, including the changes adopted by the Vienna Convention, leading to the passage of the DRA in 1978. The discussion will then focus upon the DRA and point out a few of the areas in which the statute may fail to Read More …

Part I of this Note presents an overview of the proposed system for compensation of victims of hazardous substance pollution in the United States. The focus will be on cost allocation, eligibility, the adequacy of compensation and the exclusivity of the remedy, as these factors reflect the goals of compensation and deterrence. Part II describes Read More …

Part I of this Note describes the conflict of laws between foreign bank secrecy policies and United States tax laws, and how the use of unilateral investigatory methods have intensified that conflict. Part II surveys the development of compelled waiver case law in the United States and the Cayman Islands since the introductino of the Read More …

This Note analyzes the Chinese approach to commercial dispute settlement in the context of international contracts. Part I examines article VIII, the dispute settlement portion of the Trade Agreement, and the Chinese procedures for private dispute settlement. Part II discusses the problems of legal uncertainty that exist in the Chinese approach and the prospect of Read More …

Class actions are designed to provide claimants a mechanism by which to enforce their rights with objectives including achieving access to justice, being compensated, and deterring misconduct. The significant impact of class disputes on society brings both common law and civil law countries’ attention to the promotion of more efficient enforcement. Through identifying the features Read More …

This Article canvasses the experience of importers under revised section 592 over the past eight years as reflected in judicial proceedings in the federal courts, particularly the United States Court of International Trade (CIT) and the Court of Appeals for the Federal Circuit (CAFC or Federal Circuit). Part I of this Article presents an overview Read More …