This text centres on the Uruguay Round of negotiations in 1993. Over one hundred governments took part in these negotiations, defending the interests of countries of all sizes, stages of development and economic structures. Unlike previous GATT negotiations, this one spilled over into the political arena, sparking sharp controversy, international tension, and in some countries even riots. The agreements reached are expected to influence world growth and development for decades to come. Since the Uruguay Round agreements were signed in April 1994, they have been widely discussed and analyzed. Studies have sought to estimate their impact on world economic growth, production patterns, and world trade. This book, however, has a different purpose: to trace the history of the Round. It seeks to explain, in as accessible and non-technical a way as possible, how the Uruguay Round came about, why it covered the subjects it did, what the participants sought, and the twists, turns, setbacks and successes in each sector of the negotiations.

In Shades of Freedom, A. Leon Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. In Shades of Freedom, a noted scholar and a celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history and a mirror to the American soul.

The North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT) are the first major multilateral treaties to impose obligations on governments concerning the protection and treatment of foreign investments. These obligations are enforceable by private companies. NAFTA and the ECT examines the effectiveness of the investment rules of these treaties and analyzes the mechanisms adopted to enhance compliance, and to facilitate the implementation and enforcement of the relevant rules and regulations. Coverage of this work includes: a conceptual analysis of the precise meaning and theoretical foundation of compliance, implementation, and effectiveness; an examination of issues of direct effect and direct international responsibility in terms of the practical question of the treaties' impact on the domestic regimes of states; an exploration of the issues of transparency and monitoring to achieve enhanced compliance; and a close look at a number of key links in the field - between the investment rules and the workings of national legal and governmental systems, between national and international law, between different disciplines involved (international law, international relations, international politics, and economics), and between transparency and compliance monitoring. NAFTA and the ECT also offers several helpful features, including results from a questionnaire-based survey circulated to the main players in the realm of foreign investment which offer insights on the prevalent perception of the industry towards NAFTA and the ECT; and suggested provisions and frameworks which would enhance the effectiveness of the investment rules. The issues probed and conclusions reached and the interdisciplinary and comparative approach taken should make NAFTA and the ECT a a useful resource for academics, policymakers, and others interested in the effectiveness of international investment agreements and the tools employed in their implementation and enforcement.

Since the fall of communism, laissez-faire capitalism has experienced renewed popularity. Flush with victory, the United States has embraced a particularly narrow and single-minded definition of capitalism and aggressively exported it worldwide. The defining trait of this brand of capitalism is an unwavering reverence for the icons of the market. Although promoted as a laissez-faire form of capitalism, it actually reflects the very evils of selfishness and greed by entrepreneurs that concerned Adam Smith.

Capitalism, however, can thrive without an extreme emphasis on efficiency and personal autonomy. Americans often forget that theirs is a rather peculiar form of capitalism, that other Western nations successfully maintain capitalistic systems that are fundamentally more balanced and nuanced in their effect on society. The unnecessarily inhumane aspects of American capitalism become apparent when compared to Canadian and Western European societies, with their more generous policies regarding affirmative action, accommodation for disabled persons, and family and medical leave for pregnant woman and their partners.

In American Law in the Age of Hypercapitalism, Ruth Colker examines how American law purports to reflect--and actively promotes--a laissez-faire capitalism that disproportionately benefits the entrepreneurial class. Colker proposes that the quality of American life depends also on fairness and equality rather than simply the single-minded and formulaic pursuit of efficiency and utility.

"Race" does not speak to most white people. Rather, whites tend to associate race with people of color and to equate whiteness with racelessness. As Barbara J. Flagg demonstrates in this important book, this "transparency" phenomenon--the invisibility of whiteness to white people-- profoundly affects the ways in whites make decisions: they rely on criteria perceived by the decisionmaker as race-neutral but which in fact reflect white, race-specific norms.

Flagg here identifies this transparently white decisionmaking as a form of institutional racism that contributes significantly, though unobtrusively, to the maintenance of white supremacy. Bringing the discussion to bear on the arena of law, Flagg analyzes key areas of race discrimination law and makes the case for reforms that would bring legal doctrine into greater harmony with the recognition of institutional racism in general and the transparency phenomenon in particular. She concludes with an exploration of the meaning of whiteness in a pluralist culture, paving the way for a positive, nonracist conception of whiteness as a distinct racial identity.

An informed and substantive call for doctrinal reform, Was Blind But Now I See is the most expansive treatment yet of the relationship between whiteness and law.

This guide provides a resource for Americans at home and abroad, as well as those who defend American interests throughout Europe. Prepared by an American public affairs specialist with a wide experience on both sides of the Atlantic, the volume should be of interest to American companies and their advisers operating or contemplating setting up in the European Union. Its content includes comprehensive listings on all US sources for contacts and information on the European Union both in Brussels and in the United States. Names of key individuals dealing with the United States at the Commission and Parliamentary levels are also included. A special legal section identifies all US law firms with offices in Brussels and lists over 150 attorneys and their areas of practice.

The V-chip is a highly significant part of the discussion about whether television (or broadcasting in general) deserves some special attention in terms of its accessibility to children, its particular power to affect conduct, and its invasiveness. But as this notion of filtering and labeling has caught the imagination of the regulator, the legislator, and all those who wish to consider new ways to alter bargaining over imagery in society, the very "idea" of the V-chip or its equivalent is moving across other technologies, including the Internet. The V-chip issue has also fueled the ongoing debate about violence and sexual practices in society, and how representations on television relate to those practices.
Although the initial concept of the V-chip is simple, its flow into the public realm raises so many extraordinary questions that the introduction and production of the chip virtually serves as a case study in problems of law and public policy. The very conceptualization of speech in society is being affected by this issue. Accordingly, the place of the V-chip in this debate is increasingly important; indeed, it may be argued that the V-chip's contribution to legal argumentation may be greater than its ultimate contribution to the relationship between children and imagery. Among the questions the contributors address are:
*What research basis is necessary to require a framework for labeling and rating?
*What relationship between government and the image-producing industries can be characterized--for constitutional and other reasons--as voluntary as opposed to coercive?
*Who should evaluate these images?
*To what extent should the evaluation process be centralized and/or distributed?
*What assessment is appropriate to evaluate whether the experiment is "successful?"
In addition to the V-chip's origin's in Canada and its further evolution in the United States, this book discusses the development of the V-chip and television rating systems in Europe, Australia, and throughout the world. It also includes essays which contrast the very different approaches in Canada and the United States in terms of the role of regulatory agency, industry, and government.

This volume contains an extensive collection of Russian legal texts translated by the eminent Russian scholar William E. Butler and edited by Professor Butler and Professor Jane E. Henderson. All material has been translated anew and is prefaced by an introductory note on the legislative history of each enactment and a contextual observation. The broad scope of this work provides the practitioner, legal scholar, government legal adviser, and student with a reference tool for understanding contemporary Russian legal structures.

This book examines legal ideology in the US from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.

Written by some of the leading academic commentators on policing and the criminal justice system in England and Wales, this collection examines the relationship between the law, the application of power, and the administration of justice in these areas. McKenzie brings together a number of key thinkers in the field of criminal justice and policing in the United Kingdom. The essays provide insights into the leading, and often critical, edge of thinking about the nature of law, power, and justice in England and Wales. Examining such areas as the courts, policing, and the prison system, this book also considers criminal activity in two arenas: the nature and responses to street-level crime and the nature of terrorist activity. The involvement of minorities in the system-as victims, as defendants, and as police officers-and the growing need for Europe-wide police responses to international and transnational crime are also considered. Criminal justice statistics, radical criminological thought in England and Wales, and the politics of criminal justice are also examined.

The title of this book reflects the enormous changes that have occurred in the legal regulation of public purchasing in the 1990's. These changes have two main drivers. The first is the implementation of national reform programmes in public procurement, especially in developing countries and those countries making the transition from planned to market economies, which have been encouraged by international institutions such as the World Bank and UNCITRAL. The second is the efforts that have been made to open up government procurement markets to international trade, both through regional agreements and globally through the World Trade Organization. These agreements have required many states to modify their national procurement rules or to introduce regulation in procurement for the first time. This book brings together experts from academia, practice and the international institutions to describe the major global developments that have occurred in public procurement regulation, and to examine some of the key current policy issues. The book covers both the domestic and international perspectives on regulation, and also examines the relationship between them. Topics covered include the UNCITRAL Model Law and its influence on procurement reform; problems of reform in developing and transition economies; World Bank procurement procedures; the implications of information technology for procurement regulation; the challenge of widening participation in global and regional agreements and of making these agreements work; regulating defence procurement; and the use of procurement to promote social and environmental policies.

Americans seem increasingly disenchanted with their legal system. In the wake of several high-profile trials, America's faith in legal authority appears profoundly shaken.

And yet, as David Ray Papke shows in this dramatic and erudite tour of American history, many Americans have challenged and often rejected the rule of law since the earliest days of the country's founding. Papke traces the lineage of such legal heretics from nineteenth-century activists William Lloyd Garrison and Elizabeth Cady Stanton, through Eugene Debs, and up to more recent radicals, such as the Black Panther Party, anti-abortionists, and militia members. A tradition of American legal heresy clearly emerges--linked together by a body of shared references, idols, and commitments--that problematizes the American belief in legal neutrality and highlights the historical conflicts between law and justice. Questioning the legal faith both peculiar and essential to American mythology, this alternative tradition is in itself an overlooked feature of American history and culture.

This work consists of a selection of key papers presented at the first Anglo-Japanese Comparative Law Conference, held at Jesus College, Cambridge in September 1996. The conference was organized under the auspices of the Institute of Advanced Legal Studies, University of London; the University of Tsukuba, Japan; and Murdoch University in Australia. The conference brought together a number of leading business lawyers from around the world, who discussed the impact of globalization on commercial law. If the internalization of trade and business has produced problems for lawyers, the impact of globalization, particularly in such areas as the capital markets, has proved to be even more problematic. The implications for all those who operate in the commercial and financial sectors, and for those who advise them, of developments in the nature and character of the markets are increasingly significant. The publication should be of interest to academics, those involved in trans-national business, and legal practitioners.

Electronic information networks offer extraordinary advantages to business, government, and individuals in terms of power, capacity, speed, accessibility, and cost. But these same capabilities present substantial privacy issues. With an unprecedented amount of data available in digital format--which is easier and less expensive to access, manipulate, and store--others know more about you than ever before.

Consider this: data routinely collected about you includes your health, credit, marital, educational, and employment histories; the times and telephone numbers of every call you make and receive; the magazines you subscribe to and the books your borrow from the library; your cash withdrawals; your purchases by credit card or check; your electronic mail and telephone messages; where you go on the World Wide Web. The ramifications of such a readily accessible storehouse of information are astonishing.

Governments have responded to these new challenges to personal privacy in a wide variety of ways. At one extreme, the European Union in 1995 enacted sweeping regulation to protect personal information; at the other extreme, privacy law in the United States and many other countries is fragmented, inconsistent, and offers little protection for privacy on the internet and other electronic networks.

For all the passion that surrounds discussions about privacy, and the recent attention devoted to electronic privacy, surprisingly little consensus exists about what privacy means, what values are served--or compromised--by extending further legal protection to privacy, what values are affected by existing and proposed measures designed to protect privacy, and what principles should undergird a sensitive balancing of those values.

In this book, Fred Cate addresses these critical issues in the context of computerized information. He provides an overview of the technologies that are provoking the current privacy debate and discusses the range of legal issues that these technologies raise. He examines the central elements that make up the definition of privacy and the values served, and liabilities incurred, by each of those components. Separate chapters address the regulation of privacy in Europe and the United States. The final chapter identifies four sets of principles for protecting information privacy. The principles recognize the significance of individual and collective nongovernmental action, the limited role for privacy laws and government enforcement of those laws, and the ultimate goal of establishing multinational principles for protecting information privacy.

Privacy in the Information Age involves questions that cut across the fields of business, communications, economics, and law. Cate examines the debate in provocative, jargon-free, detail.

Environmental taxes, relatively new legal instruments in the late-1990s, are likely to constitute an essential part of countries' efforts to avoid environmental degradation. This work analyzes inconsistencies in various categories of environmental taxes and the non-discrimination provisions of the General Agreement on Tariffs and Trade 1994 and how such conflicts can be resolved within the existing rules. As non-discrimination obligations are fundamental rules in the multilateral trading system, such potential conflicts carry great importance, both for the regime for the liberalization of international trade and for environmental protection measures. The author provides a detailed analysis of the role and nature of environmental taxes. The book assesses the extent to which the relevant provisions of GATT 1994 may impede the use of these taxes, in light of the non-discrimination provisions, the general exceptions, and the rules concerning nullification or impairment of benefits. The work also examines the possibilities of eliminating potential conflicts between environmental measures in general and the provisions of GATT 1994. The book offers an understanding of the complexities of and working with this aspect of international environmental law.

This reference text presents a detailed exposition of contractual rights and obligations effected by European Community legislation, regardless of the national law of the contract. It gives a comprehensive account of the state of EC contract law in the late 1990s, including reference to all relevant legislation and judgements of the European Court of Justice. The book is divided into seven chapters, each covering a a separate aspect of contractual relations. The first chapter sets out the rules determining the applicable law of the contract. It deals with the Rome Convention on the applicable national law of the contract as well as the interaction of EC legislation and national law. The next five chapters deal with specific obligations imposed by EC legislation in commercial, employment, consumer, banking and public contracts respectively. The final chapter deals with the Brussels Convention on jurisdiction and judgements. The content of the book reflects as closely as possible the precise wording of the EC legislation together with the precise wording of any relevant dicta of the European Court of Justice, as set out in the "Official Journal" and the "European Court Reports". This French edition is therefore based on the corresponding official text in French, taken from the "Journal Officiel" and the "Recueil".

Retired Justice Macklin Fleming argues that in its quest for money, the legal profession has lost sight of its true tasks and responsibilities, with the result that the profession is rife with client dissatisfaction, public distrust, and individual lawyer discontent. Money is now the measure of success, he says, and honesty has been diluted, while fiduciary responsibility has eroded. Fleming elaborates his case with unusual rigor. In the quest for the brass ring of financial success, corner-cutting, absence of candor, and distortions of fact have become increasingly tolerated, to the extent that clients, the public, and lawyers themselves no longer have a sense of trust and confidence in the legal profession. Obviously, changes are needed, and unless they come from within the firms themselves, lawyers can be sure that they will come from individuals, agencies, and organizations outside these firms. Attorneys in all kinds of practices, their clients in all sectors of the economy, and academics concerned with the practice of law in all its dimensions will find Fleming's book informative, challenging, and certainly provocative reading.

Fleming starts by examining what he sees as a paradox: a large increase in lawyers' fees despite a fourfold increase in lawyer numbers and a threefold increase in their proportion of the general population. What happened to the law of supply and demand? he asks. After tracing the history of the large corporate law firm and its dominance within the profession, he shows how cost-effectiveness within large firms has declined while at the same time what he calls the magic of the emperor's new clothes has suspended the law of supply and demand. He discusses excessive legal fees, their resistance to client and court controls, and relates his discussion to the present pervasive distrust of lawyers among the public. Fleming outlines the four existing challenges to business-as-usual by lawyers and law firms, and then ventures his own analysis of the needed future changes in law firms. These include professional law firm management under a less archaic structure, effective integrity and quality controls, cost-controlled delivery of legal services, and increased job satisfaction for its working lawyers.

This book reflects the proceedings of the conference on the Institutional and Constitutional Dimensions of European Integration, asking the question - will the European union meet the challenges of the 21st-century? The conference was held on 6 and 7 November 1997 on the occasion of the 40th anniversary of the Europa Institute of Leiden University. The congress has resulted in a collection of contributions. Together they not only reflect the significance, the positive outcome, the deceptions and the unfulfilled expectations of the Treaty of Amsterdam, but they also constitute a stocktaking of the European Union as a whole. The contributions of the seventeen authors in this volume differ in their approach to the current State of the Union. Some contributions are highly political in nature, as one might expect from a former President of the European Parliament (P. Dankert) or from a former Deputy Prime Minister of the United Kingdom (Lord Howe).

This text offers an understanding of legal and political progress toward the protection of the financial interests of the European Community. Historically, progress has been uneven due to the sectoral approach adopted. On the expenditure side of the EC budget, the most regulated area remains the EAGGF-Guarantee Section Fund. By contrast, procurement fraud of the Structural Funds, sometimes involving corruption of officials, is rife in many Member States. On the income side, control of VAT rests mainly with the Member States. The near collapse of the transit system has made collection of duties more difficult, stimulating proposals for computerization of the transit system and improvements in Customs' strategies. All Member States have experienced difficulties in recovering EC funds through irregularities: a case study is offered, comparing British and Danish approaches to recovery. The author also describes and evaluates more far-reaching developments and prospects. An EC penal-administrative space has been created which some penalistes regard as a fore-runner to a European Criminal Legal Space. Acknowledging both the attractions and difficulties inherent in such a project, the author focuses attention back to existing First Pillar competencies for EC fraud. For example in relation to VAT and excise regimes, the organisation of Customs, and recovery of funds, deeper integration would reduce criminal opportunities. The book concludes with a review of the Amsterdam Treaty from this perspective. This book is aimed at professionals, teachers, students, and researchers, especially those whose interest in EC institutions and law overlaps in so called "white collar crime". However, the book should also be of interest to all those concerned with the integrity and development of the European Union in general.

The law is full of stories, ranging from the competing narratives presented at trials to the Olympian historical narratives set forth in Supreme Court opinions. How those stories are told and listened to makes a crucial difference to those whose lives are reworked in legal storytelling. The public at large has increasingly been drawn to law as an area where vivid human stories are played out with distinctively high stakes. And scholars in several fields have recently come to recognize that law's stories need to be studied critically. This notable volume-inspired by a symposium held at Yale Law School-brings together an exceptional group of well-known figures in law and literary studies to take a probing look at how and why stories are told in the law and how they are constructed and made effective. Why is it that some stories-confessions, victim impact statements-can be excluded from decisionmakers' hearing? How do judges claim the authority by which they impose certain stories on reality? Law's Stories opens new perspectives on the law, as narrative exchange, performance, explanation. It provides a compelling encounter of law and literature, seen as two wary but necessary interlocutors. Contributors J. M. Balkin Peter Brooks Harlon L. Dalton Alan M. Dershowitz Daniel A. Farber Robert A. Ferguson Paul Gewirtz John Hollander Anthony Kronman Pierre N. Leval Sanford Levinson Catharine MacKinnon Janet Malcolm Martha Minow David N. Rosen Elaine Scarry Louis Michael Seidman Suzanna Sherry Reva B. Siegel Robert Weisberg

In late 20th-century Europe, both national and regional loyalties have retained a surprising strength and topicality, despite the advance of supra-national integration. This volume addresses some specific aspects of this phenomenon that lay at the centre of the interdisciplinary work of the first "European Forum" of the European University Institute in Florence during the academic year 1993/1994. It aims at contributing to a better understanding of the origins and the nature of territorially-based identities in Europe, and it also offers some analysis of current problems arising at various levels of the relationships between regional, national and international structures. The contributions to this volume refer to three major fields of historical and contemporary research: the study of the factors that constitute "territorially-based imagined communites"; the analysis of the mechanisms by which particular group interests (social, political or cultural) are "translated" into narratives of regional or national identity; and an enquiry into the relationship between national and regional identities.

At the core of the educational cosmos stands the pupil, the student. He or she has rights sanctioned by a national and international judicial apparatus. The freedoms of parents, teachers and educational establishments are functional in the service of the user of educationa (TM).

Educational sociologists have for some time been interested in the relationship between the behaviour of pupils and the quality and the effectiveness the school. Practitioners of law in general, and education law in particular, cannot ignore the legal status of the education user. Education is interwoven with a diversity of disciplines within the legal domain, as well as with other scientific disciplines.

Based on the papers and discussions which arose from the 1996 annual conference of the European Education Law and Policy Association, held in Dublin, this volume contains a combination of in-depth articles, synthetic reports of comparative international research and country reports on the status of pupils in Europe. Together they offer the reader a wide-ranging analysis of this complex and timely topic. Yet there is a common theme which runs throughout this collection a " that of the ethical relevance of the law, alongside a concern for the social and cultural equality of every child.

The Constitutional History and Law of Sierra Leone (1961-1995) is a legal analysis of the complex interaction between constitutional norms and institutional and societal forces. Sierra Leone, a new Commonwealth state once regarded as a model of British parliamentary democracy in West Africa, offers both an extraordinary constitutional setting and a fertile source of material for legal analysis in that it has not escaped the wave of revolutionary change and constitutional instability that has swept the new Commonwealth after independence. In this book the author examines, from a comparative perspective, the complex interaction of constitutional standards and institutional and societal forces as a constraining influence on constitutional democracy in Sierra Leone. This book illustrates Sierra Leone's experience with one of constitutional law's most fundamental and enduring problems--the delicate relationship between its legal and political components.

This book introduces economic analysis of private law institutions and provides useful overview of current research.

This work has two themes: how does an entrepreneur orbit a spacecraft legally; and once in orbit, what legal risks need to be managed? The book explains the practical hurdles entrepreneurs must leap: how to wage and win the administrative battle to capture scarce satellite orbits and frequencies; how to protect against launch and transponder failures and the illegal export of satellite technology; and how to meet competitive challenges satellite owners already operating may hurl at the entrepreneur. The book also discusses operating concerns: when will foreign State consent for satellite communications and broadcasts be required; how will remote sensing satellite data be protected; may satellites be used for newsgathering or for military purposes? "Launching and Operating Satellites" should interest the deal makers, deal breakers, agencies mediating their disputes, and lawyers, legislators, and judges who must act when mediation fails.