Articles

WTO Case Review 2002
Raj Bhala and David Gantz

THE OPTIONAL PROTOCOL FOR THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN: STRENGTHENING THE PROTECTION MECHANISMS OF WOMEN’S HUMAN RIGHTS
Felipe Gómez Isa

The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women has significantly enriched the protection mechanisms of women’s rights at the international level. This article presents a very brief historical overview of the different stages through which women’s rights have crossed at the international level. Thus, I fundamentally analyze the efforts, from 1945 to the present, of the United Nations towards the recognition of the principle of non-discrimination based on gender. I pay special attention to the Convention on the Elimination of all Forms of Discrimination Against Women, adopted in 1979 by the General Assembly of the United Nations. Nevertheless, the main focus is the elaboration of an Optional Protocol to this Convention, which aims to reinforce the weak mechanisms that exist to protect the rights of women at the international level. The process of elaboration, which started at the beginning of the 1990s, has faced many obstacles and difficulties. However, in spite of these problems, the Optional Protocol was finally adopted by the General Assembly through Resolution 54/4 on October 6, 1999 and entered into force on December 22, 2000.

PUBLICITY RULES OF THE LEGAL PROFESSIONS WITHIN THE UNITED KINGDOM
Louise L. Hill

Historically, the legal professions in European countries frowned upon or prohibited advertising by lawyers. However, the adoption of the Code of Conduct for Lawyers in the European Union (CCBE Code), which permits lawyer advertising, along with the Lawyers’ Services Directive, the Diploma Directive, and decisions of the European Court of Justice, led many Member States of the European Union (EU) to review the rules of practice and the codes of conduct for their legal professions. As a result, many EU Member States abandoned their traditional rules prohibiting lawyer advertising in favor of permitting some form of advertising by lawyers. The jurisdictions of the United Kingdom (UK) were no exception.

RECIPROCITY UNMASKED: THE ROLE OF THE MEXICAN GOVERNMENT IN DEFENSE OF ITS FOREIGN NATIONALS IN UNITED STATES DEATH PENALTY CASES
Michael Fleishman

The Mexican government has spent unprecedented effort and resources on behalf of Mexican nationals facing death sentences in the United States. This commitment reflects a long-standing moral indignation of the death penalty in Mexico. Drawing on the strength of this commitment, the Mexican government has successfully intervened both diplomatically and judicially to preserve the rights, and often the lives of Mexican nationals facing death sentences. The Mexican government has been instrumental in raising international awareness regarding repeated violations of the consular notification provisions of the Vienna Convention by the United States. Its determined intervention may prove to be the necessary impetus to push the United States toward the process of internalizing its treaty obligations under the Vienna Convention.

EXTENDING WETLANDS PROTECTION UNDER THE RAMSAR TREATY ’S WISE USE OBLIGATION
Beth L. Kruchek

The United States has an obligation under the Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar Convention) to promote the protection of wetland habitats within its borders. However, compliance with this international treaty is problematic since it remains unclear what specifically constitutes a “wetland” under domestic law. The current federal definition of a wetland is a source of controversy between legal and ecological scholars. While academics have debated this topic in U.S. domestic literature, few sources have extended this issue to the realm of international law. The purpose of this Note is to analyze the current debate regarding the scope of the wetland definition from the perspective of the United States’ participation in the Ramsar Convention.

TAINO SACRED SITES: AN INTERNATIONAL COMPARATIVE ANALYSIS FOR A DOMESTIC SOLUTION
DeAnna Marie Rivera

Taíno. We call ourselves The Good People. That name bears a lot of responsibility. A principle obligation is to ensure that our stories, customs, dances, and songs remain, even after five hundred years of different colonizing voices trying to erase our cultural traditions. To accomplish that goal, Taíno people need to remember. To remember, we need to maintain our relationships with our ancestors so they will continue to share the stories.