BOSTON COLLEGE
Boston College International & Comparative Law Review

Student
Publications

Volume 24 2001 Number 2

[Pages 235-252]
THE COMMERCE CLAUSE-COMMONWEALTH COMPARISONS
Greg Taylor*

[Pages 253-290]
COERCING COOPERATION FROM OFFSHORE FINANCIAL CENTERS: IDENTITY AND COINCIDENCE OF INTERNATIONAL OBLIGATIONS AGAINST MONEY LAUNDERING AND HARMFUL TAX COMPETITION
Benjamin R. Hartman*

Abstract:  International initiatives concerning the global financial system traditionally have been implemented through the building of consensus among affected states to identify problems and then set forth the means to deal with those problems. Recently, however, under the title Actions Against Abuse of the Global Financial System, the G7 nations began a campaign that uses the threat of sanctions to coerce cooperation from offshore financial centers in the areas of money laundering and tax competition. The use of sanctions to force compliance is problematic because, although sanctions would be available to remedy a violation of an international obligation, there has been no attempt to identify any such obligation for the Object States. Instead the Financial Action Task Force (FATF) and the Organization for Economic Cooperation and Development (OECD), in accordance with the agenda of the G7, have set forth self-referential criteria that assess compliance of the offshore financial centers with presumed international “standards” against money laundering and harmful tax competition. The legal enforceability of the sanctions threatened for non-compliance, however, depends upon the existence of legal bases for both sets of criteria. This Article attempts to determine whether such bases exist.

[Pages 291-312]
DIVIDE, CONQUER, AND PAY: CIVIL COMPENSATION FOR WARTIME DAMAGES
Rosemary E. Libera*

Abstract:  The United Nations Compensation Commission (UNCC) was created by the United Nations (U.N.) in order to compensate monetarily those injured personally and financially by Iraq’s illegal actions during the Persian Gulf War (Gulf War). This Note compares the situation in Iraq to that in the former Yugoslavia and considers why such a compensation system was instated in Iraq but not in the Balkans. The author concludes that the UNCC will serve as precedent for the imposition of civil liability for wartime damages and delineates those circumstances under which such a civil compensation system could exist.

[Pages 313-340]
NATIVE AMERICAN FREE PASSAGE RIGHTS UNDER THE 1794 JAY TREATY: SURVIVAL UNDER UNITED STATES STATUTORY LAW AND CANADIAN COMMON LAW
Bryan Nickels*

Abstract:  Since 1794, Native American groups in both the United States (U.S.) and Canada have enjoyed the right of “free passage” across the U.S.-Canadian border per the provisions of the Jay Treaty. However, development and recognition of this right have taken decidedly different courses: while the U.S. has treated the right very liberally under statutory codification, the Canadian government has opted to develop, and restrict, the right under their courts’ common law. This Note discusses the origin and development of the “free passage” right under the Jay Treaty, and encourages both the continued recognition of the right, as well as a stronger Canadian common law effort to harmonize treatment of the right with U.S. jurisprudence.

[Pages 341-380]
AN INTERNATIONAL DNA DATABASE: BALANCING HOPE, PRIVACY, AND SCIENTIFIC ERROR
Allison Puri*

Abstract:  The discovery of DNA technology is considered one of the most revolutionary and beneficial contributions to the modern industrialized world. Not only has it led to formidable advances in medicine and genetic biology, but, in the past ten years, DNA technology also has become an important tool to law enforcement personnel and the legal community. Since 1986, police officers and lawyers have used DNA to find, apprehend, convict, and exonerate criminals ranging from burglars to murderers. The creation of the first DNA criminal investigative database in 1995 in Britain further enabled law enforcement to better exploit the uses of DNA technology and effect more acts of justice. As many more countries develop similar databases and seek to create one international databank, however, legislatures must ensure that the advancement of this tremendously powerful tool will not overshadow the fundamental right of privacy.

[Pages 381-408]
SOLVING WORKER ABUSE PROBLEMS IN THE NORTHERN MARIANA ISLANDS
Karen M. Smith*

Abstract:  The garment industry has long been criticized for treating workers poorly. Despite the attention that this problem has received in recent years, abuse continues to occur, even in a territory of the United States (U.S.), the Northern Mariana Islands. This Note considers two legislative solutions that have been considered in the United States Congress, applying to the territory (1) U.S. minimum wages laws, and (2) U.S. immigration laws, and argues that better control over immigration to the Northern Marianas may reduce the problem significantly.

[Pages 409-438]
EVEN JAWS DESERVES TO KEEP HIS FINS: OUTLAWING SHARK FINNING THROUGHOUT GLOBAL WATERS
Jessica Spiegel*

Abstract:  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 shark-fin soup, while the rest of the carcass is discarded at sea. Even worse, the shark is usually alive when finned and then left in the ocean to bleed to death or drown. There is no global shark-finning regulation in place, and only very recently has the United States implemented its own national regulations. A worldwide resolution is urgently needed to halt the rampant slaughter of sharks, if for no other reason than that their position as the top predator of the sea is crucial to maintaining a balance of all life on the planet.