Boston College International and Comparative Law Review

http://lawdigitalcommons.bc.edu/iclr/

List of Papers (Total 716)

Protecting Minority Shareholders in Close Corporations: Modeling Czech Investor Protections on German and United States Law

Privatization in the Czech Republic has opened the door to foreign investment. Investors, however, have been slow to invest in the Czech Republic because of its relatively weak shareholder protections. This Note analyzes the shareholder protections in the Czech Republic and suggests changes to the Czech Commercial Code based on German and United States protections for minority...

When Zeal for European Unity Overcomes Common Sense: The Lawyers

By Matthew S. Podell, Published on 12/01/99

Even Jaws Deserves to Keep His Fins: Outlawing Shark Finning Throughout Global Waters

Sharks have reigned at the top of the marine food chain for 200 million years, but their recent slaughter by fishermen has imperiled their populations significantly. Unfortunately, this graceful animal is killed primarily for its fins, which are used to make sharkfin soup, while the rest of the carcass is discarded at sea. Even worse, the shark is usually alive when finned and...

The Commerce Clause – Commonwealth Comparisons

As is well known, the United States (U.S.) Supreme Court appears to be re-defining its approach to the commerce clause: limits on federal power again are being enunciated. However, the debate on this issue in the United States is taking place without any significant consideration of the comparative law on the subject from Canada and Australia, which have similar clauses in their...

The Need for Centralized Securities Regulations in the European Union

Developing a system of securities regulation in the European Union has been a difficult task. Currently, markets are regulated at the national level and are guided by certain minimum standards established by EU Directives. The Investment Services Directive, enacted in 1996, was heralded as the final piece of legislation required to complete a unified market for securities. This...

Exemptions to the European Union Personal Data Privacy Directive: Will They Swallow the Directive?

This Note analyses the probable effectiveness of the European Union Data Protection Directive, which was passed in order to curtail the invasion of personal privacy that has accompanied the development of the Internet, in light of three potentially expansive exemptions contained within the Directive. The author concludes that the goals of the Directive will be achieved only if...

The European Healthcard: The Time to Legislate Is Now

The European Union for years has considered introducing a healthcard that citizens of all Member States could carry to help facilitate the provision of health care throughout the EU. Such a card would ensure that care providers in all Member States could access the medical information of those patients who do not reside in the country where care is being provided. In the wake of...

Recommendations for the Curbing of Corruption, Cronyism, Nepotism, & Fraud in the European Commission

The European Commission consists of twenty appointed members including a Commission President, and serves primarily as a policy initiator and administrator for the European Union. Allegations of corruption had long surrounded the Commission and, through a series of events, an independent panel of experts was charged with the duty of investigating specific allegations of...

The European Commission’s Directive on Electronic Signatures: Technological “Favoritism” Towards Digital Signatures

The increasing use of e-commerce generally is considered a positive trend that should be fostered. Yet, many lawmakers believe that laws requiring signatures to authenticate certain transactions represent obstacles to e-commerce and threaten to keep it from reaching its full potential. In the European Union, several Member States have drafted or enacted "electronic signature...

The Western European Union, Yugoslavia, and the (Dis)Integration of the EU, The New Sick Man of Europe

This Article examines the historical evolution of the Western European Union (WEU) within the context of its relationship to NATO and to the European Union (EU) in order to explain Europe's failure to devise and implement collective security measures during the dissolution of Yugoslavia. This Article concludes that, under the limitations of its present legal and political...

The Death of Tax Havens?

The Organization for Economic Co-operation and Development has been fighting for the elimination of harmful tax practices since 1998, through the creation of a global co-operative framework. In June, 2000, the OECD listed thirty-five jurisdictions considered to be tax havens. These jurisdictions originally had until July 31, 2001 to make commitments for the elimination of harmful...

Domestic Implementation of International Obligations: The Quest for World Patent Law Harmonization

Most all nations recognize the need to protect intellectual property in some form due to its potential value. In 1994, the signatory nations of the General Agreement of Tariffs and Trade signed the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs), an ambitious international convention that set forth an international baseline for patent, copyright, and...

Trade Epidemic: The Impact of the Mad Cow Crisis on EU-U.S Relations

When a new illness in cattle appeared in the United Kingdom twenty years ago, its ensuing nationwide and global repercussions could not have been envisioned. Not only did mad cow disease destroy the British cattle industry, it raised the fears of leaders and citizens around the world. Wary of tainted British beef, the European Union stepped in to attempt to curb the crisis while...

Protecting Human Rights in a Globalized World

The shift in sovereignty accompanying globalization has meant that non-state actors are more involved than ever in issues relating to human rights. This development poses challenges to international human rights law, because for the most part that law has been designed to restrain abuses by powerful states and state agents. While globalization has enhanced the ability of civil...

Escape out the Back Door or Charge in the Front Door: U.S Reactions to the International Criminal Court

In the last days of his administration, former President Clinton made the United States a signatory to the Rome Treaty for the International Criminal Court, an unexpected move that allowed the United States to continue to participate in the shaping of the court. However, the signature neither indicated approval of the court nor the United States

Extraterritorial Jurisdiction and Sovereign Immunity on Trial: Noriega, Pinochet, and Milosevic – Trends in Political Accountability and Transnational Criminal Law

Prosecutions of former heads of state are becoming increasingly common. In 1990, the United States arrested and convicted General Manuel Noriega, the Panamanian leader, on drug charges. United States v. Noriega set a powerful precedent, rejecting traditional immunity and jurisdiction defenses. In recent years, domestic and international tribunals alike have similarly exercised...

Austria: The 1999 Parliament Elections and the European Union Members’ Sanctions

The 1999 parliamentary elections in Austria sparked a fire of controversy in the European Union. Led by the far-right activist Joerg Haider, the Freedom Party achieved a second place victory, causing leaders and activists to voice their concerns about Austria's future. Acting on that apprehension, the individual members of the European Union joined together to issue diplomatic...

International Arbitration and Project Finance in Developing Countries: Blurring the Public/Private Distinction

Project Finance has become an increasingly attractive technique for financing infrastructure projects in developing countries over the last twenty years. Furthermore, the use of project financing raises difficult legal issues with respect to the ability of developing countries

The Treatment of SPS Measures Under NAFTA Chapter 11: Preliminary Answers to an Open-Ended Question

NAFTA Chapter 11 permits eligible foreign investors to use binding international arbitration to seek compensation for the harmful economic impacts of most regulatory measures. This mechanism effectiYely provides a second avenue of redress for individuals affected by risk regulation, in addition to any remedies that may be available to their governments acting through the WTO...