Volume 6, Issue 1 (Spring/Summer 2001)

The UCLA Journal of International Law and Foreign Affairs (JILFA) is proud to once again present a dynamic and provocative set of perspectives in its Spring/Summer 2001 issue. Our interdisciplinary tradition continues with this issue by bringing together scholars from multiple contents and academic fields. Available online at HeinOnline, Westlaw, or LexisNexis.

A Tale of Two Crises: The Search for the Enduring Reforms of the International Financial System, by Ross Buckley. 6 UCLA J. Int’l L. & Foreign Aff. 1.

This issue opens with A Tale of Two Crises: The Search for the Enduring Reforms of the International Financial System, an article by Australian professor Ross P. Buckley. Buckley offers a fresh perspective on financial crises by comparing the causes of the Latin American debt crisis of the 1980s with the Asian economic crisis of the late 1990s, and sets forth six important lessons for reform.

The New Mexican Insolvency Law: Policy Justifications for U.S. Assistance, by Hale Sheppard. 6 UCLA J. Int’l L. & Foreign Aff. 45.

Hale E. Sheppard’s article, The New Mexican Insolvency Law: Policy Justifications for U.S. Assistance, describes problems with the old Mexican insolvency law and improvements in the new law, assesses general deficiencies with Latin American legal systems, and sets forth policy justifications for U.S. support of the new insolvency law. Sheppard argues that the new law could provide significant benefits to every country maintaining commercial relations with Mexico and warrants U.S. support.

Legal Aspects of Tackling Terrorism: The Balance Between the Right of a Democracy to Defend Itself and the Protection of Human Rights, by Emanuel Gross. 6 UCLA J. Int’l L. & Foreign Aff. 89.

Israeli law professor Emanuel Gross explores the relationship between human rights and national security in his paper, Legal Aspects of Tackling Terrorism: The Balance Between the Right of a Democracy to Defend Itself and the Protection of Human Rights. Gross discusses whether special rules should be used for interrogations of alleged terrorists, balances the preservation of human rights against justifications for the use of torture in interrogations, and concludes that human rights should be preserved.

Law or Politics: Israeli Constitutional Adjudication as a Case Study, by Gidon Sapir. 6 UCLA J. Int’l L. & Foreign Aff. 169.

Gidon Sapir’s article, Law or Politics: Israeli Constitutional Adjudication as a Case Study, examines the Israeli Supreme Court’s decisions regarding religion, especially the freedom of religion, to explore the claim that constitutional adjudication is not law but politics. He concludes that constitutional adjudication in Israel is largely politics and not law, and sets forth several suggestions for how to make the Court more responsive to the democratic will.

Law is Politics: Comments on “Law or Politics: Israeli Constitutional Adjudication as a Case Study,” by Gad Barzilai. 6 UCLA J. Int’l L. & Foreign Aff. 207.

Gad Barzilai responds to Sapir in Law is Politics: Comments on “Law or Politics: Israeli Constitutional Law as a Case Study” with the argument that politics cannot be separated from law. Barzilai claims that Sapir’s goal to minimize the impact of personal backgrounds and politics on judicial rulings cannot be achieved; instead, Barzilai feels that the proper goal is to determine what kind of politics we want to see in law.

COMMENT: Crafting the International Criminal Court: Trials and Tribulations in Article 98(2), by Chimene Keitner. 6 UCLA J. Int’l L. & Foreign Aff. 215.

Chimene Keitner’s paper, Crafting the International Criminal Court: Trials and Tribulations in Article 98(2), explores the tension between consistency and consensus in international treaty-making through the lens of negotiations on the International Criminal Court, and ultimately warns against the dangers of too much emphasis on consensus in treaty- making.

COMMENT: People or Power: A Comparison of Realist and Social Constructivist Approaches to Climate Change Remediation Negotiations, by Tamlyn Hunt. 6 UCLA J. Int’l L. & Foreign Aff. 265.

Tamlyn Hunt, in People or Power: A Comparison of Realist and Social Constructivist Approaches to Climate Change Remediation Negotiations, seeks to determine the relative influence of state and non-state actors in climate change negotiations by examining how two different theories of international law explain state and non-state actor behavior.

Available online at HeinOnline, Westlaw, or LexisNexis.

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