Current Law Journal Content
Washington & Lee Law School
Current Law Journal Content
an index to legal periodicals
Arizona Journal of International and Comparative Law
Volume 20, Number 2, Summer 2003
WTO CASE REVIEW 2002
Raj Bhala and David A. Gantz
This is a third in an annual series of articles reviewing the "reports" (decisions) of the Appellate Body, the highest judicial entity of the World Trade Organization. Since its inception in 1995, the Appellate Body has issued more than fifty reports, currently at a rate of eight or nine per year. These reports, applying and interpreting various provisions of the General Agreement on Tariffs and Trade and the other WTO agreements, are perhaps the most significant single source of WTO jurisprudence. The authors' intention is to provide a comprehensive, critical summary of each of the reports as a useful and reliable record of case law.
THE OPTIONAL PROTOCOL FOR THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN: STRENGTHENING THE PROTECTION MECHANISMS OF WOMEN'S HUMAN RIGHTS
Felipe Gómez Isa
The entire historical evolution of the concept and practice of human rights has been marked by androcentrism, centered on the experiences and needs of men and excluding women's vision of the world. Since the adoption of the UN Charter in 1945, the principle of non-discrimination has been one of the main focuses of United Nations activities in the field of human rights. The adoption of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1979 was a major achievement in the advancement of women. One of the primary shortcomings of this Convention was the weakness of the protection of women's rights at an international level. The approval of an Optional Protocol to CEDAW in 1999 marks a significant step in the always difficult process of strengthening the protection mechanisms of women's human rights.
PUBLICITY RULES OF THE LEGAL PROFESSIONS WITHIN THE UNITED KINGDOM
Louise L. Hill
In recent years the legal professions in England and Wales, Scotland, and Northern Ireland have reviewed and revised, or are in the process of reviewing, their rules relating to lawyer publicity. While focusing on the condemnation of inaccurate or misleading information, the publicity rules put forward by the UK legal profession continue to be disparate, as are the publicity rules for lawyers in other Members States of the EU. While EU legislation works to foster free movement of lawyers, being subject to different publicity rules in multiple jurisdictions impedes a lawyer's ability to engage in cross-border practice. The legal professions and the public at large would be best served by parallel standards for lawyer publicity, or deference to the rules of one jurisdiction. A start toward this goal would be having the legal professions within each Member State, such as the UK, implement uniform standards.
RECIPROCITY UNMASKED: THE ROLE OF THE MEXICAN GOVERNMENT IN DEFENSE OF ITS FOREIGN NATIONALS IN UNITED STATES DEATH PENALTY CASES
The notable increase in the number of Mexican nationals facing death sentences in the United States spurred the Mexican government to take unprecedented steps to protect its condemned nationals. Bolstered by its long-standing indignation of the imposition of the death penalty, the Mexican government has spent considerable resources intervening both diplomatically and judicially to preserve the rights, and often the lives of Mexican nationals facing death sentences. This Note examines these efforts in detail, focusing on how the Mexican government continues to raise international awareness concerning repeated violations of the consular notification provisions of the Vienna Convention by the United States. This increased awareness, in turn, has placed substantial pressure on the United States to internalize its legal obligations under the Vienna Convention.
EXTENDING WETLANDS PROTECTION UNDER THE RAMSAR TREATY'S WISE USE OBLIGATION
Beth L. Kruchek
The United States has an obligation under the Ramsar Convention to promote the wise use of the wetlands within its territory. Although originally an obscure and vague notion, the wise use concept has evolved to oblige member states to promote the ecological integrity of wetland habitats. Recent case studies demonstrate that a large part of the watershed is necessary to preserve this ecological integrity. Nevertheless, ecological analyses establish that the current U.S. definition remains too limited to protect wetland integrity, thus placing the United States in breech of its international obligation. This Note espouses several options to promote the wise use of wetlands in the United States: establishing national wetland policies to review current wetland laws, implementing legislation to extend wetlands protection through buffer habitats or enhanced impact assessment, and promoting priority actions at the local level. Implementing these options will allow the United States to meet its legal obligations under the Ramsar Convention.
TAINO SACRED SITES: AN INTERNATIONAL COMPARATIVE ANALYSIS FOR A DOMESTIC SOLUTION
DeAnna Marie Rivera
In this historico-legal analysis of the Taíno Indigenous community of Puerto Rico, I outline one strategy by which the Taíno people may reclaim control over a sacred site currently run by the United States National Park Service. The underlying argument, that the United States has a duty to treat the Taíno as an Indigenous people with similarly recognized rights as the Indigenous peoples living within the U.S. territorial borders, is based on parallels between the Native nations' and Puerto Rico's respective relationships with the U.S. federal government. This analysis draws upon existing U.S. domestic law and international law provisions relating to Indigenous peoples and which pertain to Taíno concerns. Finally, I suggest a solution in the form of a multi-government cooperative agreement for access to, protection of, and repatriation of items to one main Taíno sacred site.