Volume 5, Issue 1 (Spring/Summer 2000)

The UCLA Journal of International Law and Foreign Affairs (JILFA) is pleased to inaugurate the new millennium with a series of informative and valuable writings in its Spring/Summer 2000 edition. It is our hope that the reader will not only find the pieces in this issue intellectually thought-provoking, but also of great practical use as the authors attempt to address significant issues of international law and foreign affairs by reaching sound prescriptive conclusions. Available online at HeinOnline, Westlaw, or LexisNexis.

A New Evolution for Fast-Tracking Trade Agreements: Managing Environmental and Labor Standards through Extraterritorial Regulation, by Jack Garvey. 5 UCLA J. Int’l L. & Foreign Aff. 1.

The article by Jack Garvey highlights this volume by examining the current, yet problematic approaches toward linking trade liberalization regimes with the environmental and labor concerns of free trade. Garvey proposes that any regional free trade agreement involving the U.S. should be premised on reciprocal grants of authority to each trade partner to regulate extraterritorially, within the free trade regime, business entities controlled by its own nationals or business organizations. In addition Garvey explains how, by permitting extraterritorial regulation, the U.S. may see a revival of the fast-track authority as an effective instrument for trade liberalization while at the same time enhancing Congress’ oversight and regulatory responsibilities.

The Indirect-Direct Effect of European Community Directives, by Jon Appleton. 5 UCLA J. Int’l L. & Foreign Aff. 59.

The piece by Appleton shifts our legal focus to the European Community where the author details the development of the three-pronged doctrine of indirect-direct effect in interpreting and applying national and EC laws. It is Appleton’s contention that this indirect-direct effect doctrine may in fact lead to a subconscious blending of EC norms into the domestic legal orders of the Member States.

How Iraq Maintained its Weapons of Mass Destruction Programs: An Analysis of the Disarmament of Iraq and the Legal Enforcement Options of the United Nations’ Security Council in 1997-1998, by Michael Lysobey. 5 UCLA J. Int’l L. & Foreign Aff. 101.

Michael Lysobey builds upon his own personal experience as a former UN weapons inspector to shed light upon the disarmament of Iraq in the years following the Gulf War. After concluding that ineffective enforcement contributed to the failure to disarm Iraq, Lysobey presents some lessons to be learned by the UN and international community.

COMMENT: Mavericks in the Market: The Emerging Problem of Hold-Outs in Sovereign Debt Restructuring, by Samuel Goldman. 5 UCLA J. Int’l L. & Foreign Aff. 159.

The article by Jack Garvey highlights this volume by examining the current, yet problematic approaches toward linking trade liberalization regimes with the environmental and labor concerns of free trade. Garvey proposes that any regional free trade agreement involving the U.S. should be premised on reciprocal grants of authority to each trade partner to regulate extraterritorially, within the free trade regime, business entities controlled by its own nationals or business organizations. In addition Garvey explains how, by permitting extraterritorial regulation, the U.S. may see a revival of the fast-track authority as an effective instrument for trade liberalization while at the same time enhancing Congress’ oversight and regulatory responsibilities.

COMMENT: The Terrorism Exception to the Foreign Sovereign Immunities Act: Forward Leaning Legislation or Just Bad Law?, by Molora Vadnais 5 UCLA J. Int’l L. & Foreign Aff. 199.

The piece by Molora Vadnais explores the terrorism exception to the Foreign Sovereign Immunities Act. After concluding that the current terrorism exception is untenable both for victims of terrorism and U.S. foreign relations, Vadnais proposes a number of amendments to help the exception better realize its goals and achieve increased acceptance by the international community.

Available online at HeinOnline, Westlaw, or LexisNexis.

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