The George Washington International Law Review back issues from January 2003:
Disaster in Durban: The United Nations world conference against racism, racial discrimination, xenophobia, and related intolerance
Jan 01, 2003; ... I. INTRODUCTION Ambition-and perhaps some naivete-ran high when, in 1998, the United Nations General Assembly (General Assembly) adopted a resolution scheduling the third World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance (Conference) for ...
Defining the party--who is a proper party in an international arbitration before the American arbitration association and other international institutions
Jan 01, 2003; ... I. INTRODUCTION The number of international arbitrations occurring under the auspices of the American Arbitration Association (AAA) has increased dramatically over the past few years. In 2001, 649 new cases, up 26 percent from 510 cases the previous year, were registered at the AAA ...
The Andean Trade Preference Act: Past accomplishments and present circumstances warrant its immediate renewal and expansion
Jan 01, 2003; ... I. INTRODUCTION Located on a continent thousands of miles away, the fate of the Andean states, as well as their potential impact on the United States, naturally escapes the minds of most. While this generalized incomprehension of the United States-Andean link normally proves to be ...
Japanese attitudes towards contracts: An empirical wrinkle in the debate
Jan 01, 2003; ... I. INTRODUCTION1 A. The Origins of the Debate The year was 1963 and we were in junior high school. Little did we know that an event was about to take place that would give virtually permanent shape to our professional careers, even thirty-five years later. We suspect we were ...
Harmonising anti-stalking laws
Jan 01, 2003; ... Over the last few decades stalking has become increasingly prevalent, not just in the United States, but throughout the civilized world. Hardly a week goes by without the media reporting some instance of stalking, or some new manifestation of it. Many cases are relatively trivial, while others ...
Competition and the Noerr-Pennington doctrine: When should political activity be barred under European community competition law?
Jan 01, 2003; ... I. INTRODUCTION In two cases in the early 1960s the Supreme Court announced that the Sherman Antitrust Actl does not prohibit a firm or group of firms from engaging in political activity intended to influence public officials, even if this activity has anticompetitive effects.2 These ...
Global Trafficking in human beings: Assessing the success of the United Nations protocol to prevent trafficking in persons
Jan 01, 2003; ... I. INTRODUCTION Trafficking in human beings is one of the fastest growing criminal businesses in the world. The State Department's office of Trafficking in Persons [formerly the President's Interagency Council on Women (PICW)], known as G/TIP, estimates that over one million women and ...
A review of globalization and its discontents
Jan 01, 2003; ... Globalization and Its Discontents. Joseph E. Stiglitz. W.W. Norton & Company, 2002. I. INTRODUCTION In 1944 a comprehensive economic and financial plan for post-World War II reconstruction and development was proposed by the United States and the United Kingdom at Bretton ...
The unfinished business: Conflicts, the African Union and the New Partnership for Africa's Development
Jan 01, 2003; ... [T]here are moments when I feel that we are all trapped in a mammoth factory known as the African continent, where all the machinery appears to have gone out of control all at once. No sooner do you fix the levers than the pistons turn hyperactive in another part of the factory, then the ...
The trials and tribulations of implementing the Hague Convention on international child abduction: Improving dispute resolution and enforcement of parental rights in the international arena
Jan 01, 2003; ... I. INTRODUCTION The relative ease and affordability of travel and communication and the opening of the world's markets contribute to greater interaction between people from different countries.1 There is an increasing interconnectedness between communities, cultures, and countries across ...
The American exclusion rule debate: Looking to England and Canada for guidance
Jan 01, 2003; ... I. INTRODUCTION The United States has perhaps the most adversarial criminal justice system in the world.1 The judge's role in the U.S. system may be best described as an intermediary between opposing forces-police officers and suspects in the crime-investigation phase and prosecutors and ...
The recognition of governments under international law: The challenge of the Belarusian presidential election of September 9, 2001 for the United States
Jan 01, 2003; ... When a people tolerates being compelled, this tells much about a people.1 -Aleksandr Veshnyakov Chairman of Russia's Central Election Commission Russia does not influence the election because Lukashenka offered factories in return for his victory. But the situation is ...
Trade promotion authority formerly known as fast track: Building common ground on trade demands more than a name change
Jan 01, 2003; ... Fast track trade promotion authority renewal has become the premier vehicle for airing America's ambivalence about trade and globalization. The most recent renewal-in August 2002-folloioed an eight-year stalemate in Congress. Opponents decry fast track as a blank check for the president to ...
Introductory letter
Jan 01, 2003; ... In these uncertain times, we at The George Washington International Law Review (ILR) in Washington, B.C. find ourselves questioning even basic affirmations almost daily. In so doing, at times we have questioned the relevancy and role of the law, and law reviews as contributors to its ...
A different perspective on Tax Competition
Jan 01, 2003; ... A DIFFERENT PERSPECTIVE ON TAX COMPETITION International Tax Competition: Globalisation and Fiscal Sovereignty, Edited by Rajiv Biswas, London: Commonwealth Secretariat, 2002. PP. 317, L14.99 (Softcover). I. INTRODUCTION International Tax Competition: Globalisation and ...
Remarks of the Honorable Mia Mottley, Attorney General & Minister of Home Affairs of Barbados
Jan 01, 2003; ... GEORGE WASHINGTON UNIVERSITY LAW SCHOOL NOVEMBER 8, 2002 Thank you very much. Let me thank you first of all for doing me the honor of inviting me to speak to you here today and to say that I certainly enjoyed the opportunity of meeting with the professors of law who came to ...
Response to Professor McDaniel's article
Jan 01, 2003; ... Professor Paul McDaniel's article presents an interesting proposal to amend the U.S. foreign tax credit system to better accommodate tax incentives that developing countries offer to U.S. multinational corporations.1 Let me start by stating my clear acknowledgement of the African nations' and ...
The procedural aspects of U.S. tax policy towards developing countries: Too many sticks and no carrots?
Jan 01, 2003; ... I. INTRODUCTION This paper discusses the procedural, administrative, and tax treaty issues of the U.S. tax treatment of foreign source income earned in developing countries. Historically the United States has wanted its tax policy to be neutral to transnational investment.1 The recent ...
U.S. international tax administration & developing nations: Administrative policy at the crossroads
Jan 01, 2003; ... Issues involving administration of U.S. international taxation laws relate to a number of important topics dominating policy debates. These include: international trade policy; efforts to defeat garden-variety international tax avoidance (legal manipulation of tax laws to achieve results ...
Adapting to a new world of E-Commerce: The need for uniform consumer protection in the international electronic marketplace
Jan 01, 2003; ... INTRODUCTION The evolution of virtual shopping on the World Wide Web gives rise to new and complex consumer protection issues. The conventional elements of jurisdiction over consumer protection are hard to execute in the Internet realm. The principal reason is that "countries throughout ...
Response to: "U.S. tax treatment of foreign source income earned in developing countries: Administration and tax treaty issues"
Jan 01, 2003; ... Bruce Zagaris provides a highly useful summary of the administration and tax treaty issues bearing on U.S. taxation of foreign source income in developing countries. In U.S. Tax Treatment of Foreign Source Income Earned in Developing Countries: Administration and Tax Treaty Issues,1 Zagaris ...
Making a run for the border: Should the United States stem runaway film and television production through tax and other financial incentives?
Jan 01, 2003; ... I. INTRODUCTION From the Academy Award winning musical Chicago1 and blockbuster action movie X-Men2 to the independent feature film My Big Fat Greek Wedding,3 Hollywood is producing an increasing number of motion pictures and television programs internationally that are intended for ...
The case for tax sparing along with expanding and limiting the subpart F regime
Jan 01, 2003; ... I. INTRODUCTION I am particularly happy to participate in this important conference at The George Washington University School of Law. I feel as though I am caught in the middle of bipolar, policy approaches to international tax, championed by two outstanding George Washington Law School ...
A framework for evaluating the legislative viability of proposals to provide foreign direct investment incentives through the internal revenue code
Jan 01, 2003; ... INTRODUCTION International tax reform is positioned to be one of the key issues faced by the 108th session of the U.S. Congress. As the policymakers on Capitol Hill and in the Treasury Department reexamine U.S. international tax rules, there might be an opportunity to inject the concept ...
The U.S. tax treatment of foreign source income earned in developing countries: A policy analysis
Jan 01, 2003; ... The purpose of this Article is to explore whether the United States should amend its international tax rules in ways that might encourage U.S. companies to invest in developing countries. Some scholars, notably Professor Karen Brown, have argued that the current U.S. international tax regime ...
RESOLVING THE PRACTICUM SCENARIO IN THE RUSSIAN FEDERATION
Jan 01, 2003; ... I. INTRODUCTION Answers to the questions asked in the practicum should indicate what actions FIXIT will have to take to reach the desired result-to obtain monetary funds-and include commentaries on the legislation regulating disputes. Before giving specific answers, certain comments ...
SUING THE SOVEREIGN: RESOLUTION OF THE PRACTICUM ACCORDING TO CROATIAN LAW
Jan 01, 2003; ... In connection with the practicum containing the facts of the case and questions which have to be answered, according to Croatian law the answers are as follows. But first, a few remarks on the legal nature of the contract. The contract signed between DOMESTICA and FIXIT is a contract for ...
RESOLVING THE PRACTICUM SCENARIO IN THE UNITED STATES
Jan 01, 2003; ... I. PRACTICUM FACTS: RELEVANT PARTIES, BACKGROUND, CONTRACTUAL TERMS The United States and ALIENA (a hypothetical sovereign nation) have entered into a treaty for the joint operation of a military installation (air field) on an island where ALIENA exercises sovereignty. As permitted by ...
SUING THE SOVEREIGN IN MEXICO
Jan 01, 2003; ... I. INTRODUCTION In this paper I will try to present a possible solution to the practicum case, pursuant to the provisions under Mexican law. In this lawsuit the Mexican federal government is the defendant. Therefore, it is necessary to state two fundamental issues of the Mexican legal ...
SUING THE SOVEREIGN FROM THE LATIN AMERICAN PERSPECTIVE
Jan 01, 2003; ... I. INTRODUCTION In these remarks, I will comment on the papers of Professors Jackson and Pfander by analyzing the topic of "suing the sovereign" from the Latin American perspective. This analysis requires a comparison, and comparisons by their very nature are difficult and challenging as ...
PRACTICUM: FACT PATTERN*
Jan 01, 2003; ... I. RELEVANT PARTIES, BACKGROUND, AND CONTRACTUAL, TERMS Pursuant to a treaty between DOMESTICA (your country) and ALIENA (a hypothetical sovereign nation), DOMESTICA and ALIENA jointly operate a military airfield on an island where ALIENA exercises sovereignty. As permitted by the governing ...
SUING THE SOVEREIGN OBSERVED FROM THE CHINESE PERSPECTIVE: THE IDEA AND PRACTICE OF STATE COMPENSATION IN CHINA
Jan 01, 2003; ... I. INTRODUCTION Unlike in the United States and other Western democratic societies, the Chinese Constitution of 1982 (Constitution) does not adopt separation of powers as a fundamental principle of setting up the structure of state powers. Instead, the Chinese Constitution embraces the ...
GOVERNMENT ACCOUNTABILITY IN EUROPE: A COMPARATIVE ASSESSMENT
Jan 01, 2003; ... I. INTRODUCTION This Paper will compare the institutions and law of government accountability in England, France, and Romania. It will also examine the manner in which each country handles certain representative instances of litigation: applications for judicial review; litigation of ...
SUING THE SOVEREIGN IN THE TWENTY-FIRST CENTURY: INTRODUCTORY REMARKS
Jan 01, 2003; ... I am very pleased to introduce the written work of the international guests participating in the second day of the 2002 United States Court of Federal Claims Judicial Conference, "Perspectives on Suing the Sovereign Here and Abroad." The conference took place on October 3-4, 2002, to celebrate ...
INTRODUCTION
Jan 01, 2003; ... In 1955 the George Washington Law Association hosted a Centennial Banquet for the United States Court of Claims, the subject of which was the jurisprudence of suing the sovereign. Continuing this tradition, The George Washington International Law Review (ILR) is pleased to publish the ...
COMING OUT OF THE MAZE: CANADA GRANTS THE HARVARD MOUSE PATENT
Jan 01, 2003; ... I. INTRODUCTION In light of the recent Supreme Court of Canada decision in President and Fellows of Harvard College v. Canada (Commissioner of Patents)1 to deny patentability to the Harvard Mouse, the history of the case takes on increased importance. The previous decisions, particularly ...
SOLUTION TO THE PRACTICUM: THE UNITED KINGDOM PERSPECTIVE
Jan 01, 2003; ... I. INTRODUCTION The Crown may contract with a subject, and the Attorney-general suing on its behalf may enforce against a subject a contract so made. Before the Crown Proceedings Act of 1947 (the Act), there was no right of action against the Crown. The only remedy against the Crown was, ...
SUING THE SOVEREIGN UNDER THAI LAW
Jan 01, 2003; ... I. INTRODUCTION Before dealing with the issues raised in the practicum, it is useful to give a general idea of the mechanisms of control over Thai administrative power and certain remedies provided by the Thai Constitution (1997). Thailand has adopted the parliamentary system and the ...
SUING THE SOVEREIGN IN EUROPE AND GERMANY
Jan 01, 2003; ... I. INTRODUCTION The following presentation is concerned with the principles of continental European and German law regarding claims against the government and public authorities. For an overview and first impression, it is necessary to describe the various continental European, German, ...
SUING THE FEDERAL GOVERNMENT: SOVEREIGNTY, IMMUNITY, AND JUDICIAL INDEPENDENCE
Jan 01, 2003; ... Sovereign immunity has become a place of contest between important values of constitutionalism. On the one hand, constitutionalism entails a commitment that government should be limited by law and accountable under law for the protection of fundamental rights; if the "essence of civil liberty" ...
CHAPTER 20 DISPUTE RESOLUTION UNDER NAFTA: FACT OR FICTION?
Jan 01, 2003; ... I. INTRODUCTION When the North American Free Trade Agreement (NAFTA) became effective in 1994, it contained several mechanisms through which its parties-the United States, Canada, and Mexico-could seek dispute resolution for alleged violations of its provisions. Among these provisions, ...
Continental Drift: Of Paradise and Power
Jan 01, 2003; ... Continental Drift: Of Paradise and Power by Robert Kagan Robert Kagan1 wrote about the growing divergence between Europe and the United States with candor, thoughtfulness, knowledge, and a simple directness. Whether one agrees with his premise or his conclusions, Of Paradise and Power2 ...
MAKING AMENDS WITH THE MEXICAN CONSTITUTION: REASSESSING THE 1995 JUDICIAL REFORMS AND CONSIDERING PROSPECTS FOR FURTHER REFORM
Jan 01, 2003; ... I. INTRODUCTION Mexico's judicial branch is the weakest of its federal government's three branches for a variety of historical, structural, political, and socio-cultural reasons.1 On January 1, 1995, several significant amendments to the Constitution of Mexico became effective.2 The ...
Erratum
Jan 01, 2003; ... Erratum: The title to Issue 35:2 of the ILR should have read as "The ...
BIO-CONSERVATION OR BIO-EXPLOITATION: AN ANALYSIS OF THE ACTIVE INGREDIENTS DISCOVERY AGREEMENT BETWEEN THE BRAZILIAN INSTITUTION BIOAMAZONIA AND THE SWISS PHARMACEUTICAL COMPANY NOVARTIS
Jan 01, 2003; ... I. INTRODUCTION The Amazon Region (Amazon) is the richest source of biodiversity in the world today,1 containing approximately sixty-seven percent of the tropical rainforests, fifty percent of the insect species, twenty-two percent of the plant species, and twenty percent of the fresh ...
PUBLIC HEALTH AND NATIONAL SECURITY IN THE GLOBAL AGE: INFECTIOUS DISEASES, BIOTERRORISM, AND REALPOLITIK
Jan 01, 2003; ... INTRODUCTION: LINKING PUBLIC HEALTH AND NATIONAL SECURITY In the not too distant past, attempts to connect public health and national security would have raised eyebrows and perhaps condescending sympathy from experts in both areas. The discipline of public health focuses on "what we, as ...
FOREIGN INVESTMENT IN CUBA: PROSPECTS AND PERILS
Jan 01, 2003; ... I. INTRODUCTION One of the few sources of foreign capital currently available to Cuba is direct foreign investment. Cuba receives virtually no aid from foreign governments or international organizations.1 Cuba is also unable to borrow from multinational lending institutions because of ...
THE WHISTLEBLOWER STATUTE PREPARED FOR THE ORGANIZATION OF AMERICAN STATES AND THE GLOBAL LEGAL REVOLUTION PROTECTING WHISTLEBLOWERS
Jan 01, 2003; ... I. INTRODUCTION Seventy-three seconds after its launch on January 28, 1986, the space shuttle Challenger exploded, destroying the shuttle and killing the crew.1 Among the crew was Christa McAuliffe, a school teacher who had been selected for the shuttle mission. Millions of people ...