BOSTON COLLEGE
Boston College International & Comparative Law Review

Student
Publications

Volume 25 2002 Number 1

[Pages 1-58]
THE DOCTRINE OF HUMANITARIAN INTERVENTION IN LIGHT OF ROBUST PEACEKEEPING
T. Modibo Ocran*

Abstract:  Since the 19th century, humanitarian interventions have often been treated as suspect because they may be used as mere vehicles for national aggrandizement, imposition of puppets in power, or for the institution of political and economic systems detested by the indigenous population. However, it is also recognized that atrocities do occur within states, which shock the conscience of humankind and trigger the urge to intervene to save defenseless people from carnage, starvation, and other inhuman conditions. The problem is to identify a set of criteria and forms of behavior that will enable us to distinguish between intervention as aggression and genuine humanitarian intervention. Moreover, even if we see humanitarian intervention as a moral imperative in a Kantian sense, we would still need to establish its validity as a legal construct. This Article revisits the criteria for making the relevant distinctions and concludes that with all the operational problems of United Nations (U.N.) peacekeeping, collective intervention by the U.N., or regional bodies sanctioned by the U.N. Security Council, is the approach most likely to conform with the U.N. Charter paradigm for conflict resolution.

[Pages 59-96]
INTERNATIONAL CIVIL LITIGATION IN CHINA:A PRACTICAL ANALYSIS OF THE CHINESE JUDICIAL SYSTEM
Mo Zhang*

Abstract:  In recent years, international civil litigation in China has been on the rise. This trend will inevitably continue with China’s entry into the World Trade Organization. Given the increase of foreign businesses in China, a better understanding of the Chinese judicial system becomes essential to protect foreign business interests. Jurisdiction, choice of law, and enforcement of judgments are three primary concerns of foreign parties seeking judicial relief and remedies in China. Questions commonly asked include: what are the bases for a Chinese People’s Court to assert jurisdiction over foreign parties; what are the standards to determine judicial competence; how does a Chinese People’s Court decide which law will be applied in each particular case involving “foreign elements;” and whether a judgment could be effectively enforced and by what means. Fear that China lacks the rule of law and an independent judicial system gives rise to hesitancy to conduct business in China and pursue legal rights. Creating public confidence in the judiciary is one of China’s most important tasks, as it seeks to attract international business.

[Pages 97-108]
THE LONG ROAD TO REFORM: AN ANALYSIS OF FOREIGN INVESTMENT REFORM IN VIETNAM
Norman Brown IV*

Abstract:  In the mid-1980s, Vietnam opened its borders to international investment in hopes of improving its economic atmosphere. The Vietnamese government launched new initiatives and passed new laws to facilitate and encourage Foreign Direct Investment in its ailing economy. However, after an examination of recent changes, this Note concludes that further reform is still required in order to encourage the necessary Foreign Direct Investment that will help aid Vietnam’s feeble economy and allow it to prosper as the next great Asian economic power.

[Pages 109-124]
AUSTRIA:THE 1999 PARLIAMENTARY ELECTIONS AND THE EUROPEAN UNION MEMBERS' SANCTIONS
Heather Berit Freeman*

Abstract:  The 1999 parliamentary elections in Austria sparked a fire of controversy in the European Union. Led by the far-right activist Joerg Haider, the Freedom Party achieved a second place victory, causing leaders and activists to voice their concerns about Austria’s future. Acting on that apprehension, the individual members of the European Union joined together to issue diplomatic sanctions against Austria, an unprecedented action. When the sanctions were lifted in September, 2000, the European Union was left to reexamine its role and to determine whether to amend its founding treaties to reflect any changes in the relationship between the government of the European Union and its Member States.

[Pages 125-158]
EXTRATERRITORIAL JURISDICTION AND SOVEREIGN IMMUNITY ON TRIAL:NORIEGA, PINOCHET, AND MILOSEVIC-TRENDS IN POLITICAL ACCOUNTABILITY AND TRANSNATIONAL CRIMINAL LAW
Adam Isaac Hasson*

[Pages 159-176]
ESCAPE OUT THE BACK DOOR OR CHARGE IN THE FRONT DOOR:U.S. REACTIONS TO THE INTERNATIONAL CRIMINAL COURT
Roseann M. Latore*

Abstract:  In the last days of his administration, former President Clinton made the United States a signatory to the Rome Treaty for the International Criminal Court, an unexpected move that allowed the United States to continue to participate in the shaping of the court. However, the signature neither indicated approval of the court nor the United States’ willingness to be a full participant in it. Instead, many arguments against the participation of the United States exist, and the chances of ratification by the Congress are slim. This Note analyzes the United States’ attempts to exempt itself from the Rome Treaty and the arguments against the United States’ participation. The Note argues that the United States’ participation in the ICC is necessary and appropriate to its position in the international community and supports the United States’ full participation through ratification of the Treaty.

[Pages 1-21]
OLD HABITS DIE HARD:ALEKSANDR NIKITIN, THE EUROPEAN COURT OF HUMAN RIGHTS, AND CRIMINAL PROCEDURE IN THE RUSSIAN FEDERATION
Alexander Severance*

Abstract:  With the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Russian Federation agreed to subject itself to international scrutiny through the European Court of Human Rights. The Russian Federation’s espionage case against Aleksandr Nikitin provides an illustrative example of the conflict between the Russian Federation’s new treaty obligations and its existing Code of Criminal Procedure. The Nikitin case illustrates the shift of some power from Russia’s executive branch to its judicial branch, and a move towards the rule of law. This Note concludes that the Code of Criminal Procedure must be revised if the Russian Federation is to comply with its treaty obligations under the Convention.