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Denver Journal of International Law & Policy Volume 21 Number 1 Fall Article 14 May 2020 Vol. 21, no. 1: Full Issue Denver Journal International Law & Policy Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation 21 Denv. J. Int'l L. & Pol'y (1992). This Full Issue is brought to you for free and open access by the University of Denver Sturm College of Law at Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],dig- [email protected]. DENVER JOURNAL OF INTERNATIONAL LAW AND POLICY VOLUME 21 1992-1993 Denver Journal of International Law and Policy VOLUME 21 NUMBER 1 FALL 1992 ARTICLES CONSTITUTIONS AND REVOLUTIONS: THE IMPACT OF UNIFICATION AND THE CONSTITUTIONS OF THE FIVE NEW GERMAN STATES ON THE AMENDMENT OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF GERMANY .... Christoph J. Partsch 1 A UNIFIED CONCEPT OF POPULATION TRANSFER ....... ........................ ChristopherM . Goebel 29 GATT - WILL LIBERALIZED TRADE AID GLOBAL ENVIRONMENTAL PROTECTION? ............. Ursula Kettlewell 55 LEONARD v.B. SUTTON AWARD PAPER INTELLECTUAL PROPERTY PROTECTION THROUGH THE BERNE CONVENTION: A MATTER OF ECONOMIC SURVIVAL FOR THE POST-SOVIET NEW COMMONWEALTH OF INDEPENDENT STATES ..................................... Brad Swenson 77 INTERNATIONAL CAPITAL MARKETS SECTION SECURITIES REGULATION IN CENTRAL EUROPE: HUNGARY AND CZECHOSLOVAKIA .......................... Samuel Wolff 103 Paul Thompson Daniel Nelson INTERNATIONAL TRADE SECTION THE ANDEAN TRADE PREFERENCE ACT ............ Guy C. Smith 149 STUDENT COMMENT ENVIRONMENTAL LAW IN MEXICO ............... Terzah N. Lewis 159 DOCUMENT PETITION OF THE TAMILS OF SRI LANKA DEPRIVED OF THEIR INTERNATIONALLY PROTECTED HUMAN RIGHTS FOR A GRANT OF UNITED NATIONS EFFECTIVE REMEDY AND DECLARATORY RELIEF ........................... Luis Kutner 185 Ved Nanda B O O K N O T E S .................. .......................... 209 Just as most of us were not always students, although sometimes it seems that way, Professor Emeritus Christopher H. Munch was not al- ways a professor. Before coming to the University of Denver College of Law, he was an active Air Force lawyer for fifteen years and spent over four years in the Far East One as chief legal counsel for the Fifth Air Force in Korea in 1951-1952, the next three as chief legal counsel of the Thirteenth Air Force in the Philippines and six months as one of two legal counsel with a Philippine Base Negotiating Team. During his time in Korea and the Philippines, he was chairman of the area Air Force For- eign Claims Commission, which reviewed and decided awards of damages for harm to private property attributable to military activities. In the Philippine assignment, his legal staff also participated in labor negotia- tions with local unions, rescue and repatriation of foreign nationals, and negotiations for temporary site usage, conducted between the U.S. Em- bassy and the Philippine Foreign Office. After completing his tour of duty in the Far East, Professor Munch was assigned as the first Permanent Professor of Law and Chairman of the Law Department at the then new Air Force Academy. While there, among other matters, he instituted a course in International Law as part of the International Relations major. Professor Munch took a sabbatical leave from the Air Force Academy in 1966 and joined the faculty of the University of Denver College of Law as a visiting Professor of Law. The following June, he retired from the Air Force and was appointed as a full time faculty member at DU, where he taught for 25 years until his retirement in 1991. While he is, for all pur- poses, a retired (Emeritus) professor, he agreed to teach full time for the Fall Semester of 1992, at the request of the College of Law Administra- tion. Totalling 26 years that he has taught, counselled and supported law students at DU. During that time, he has assiduously avoided teaching the international aspects of his subjects out of respect for the superior scholarship and expertise of our Director of International Legal Studies, his long time friend and colleague, Professor Ved Nanda. He attends the lectures, receptions and other social functions sponsored by the Interna- tional Law Society over the years. We sincerely invite him to continue to do so. The Denver Journal of International Law & Policy dedicates this issue to Professor Emeritus William M. Beaney. Denver Journal of International Law and Policy VOLUME 21 NUMBER 2 WINTER 1993 BOARD OF EDITORS FLORIAN A. KOGELNIK Editor-in-Chief JOHN W. KELLOGG MICHELLE A. MILLER EditorialManaging Editor Administrative Managing Editor FRANCIS BROWN SAM DEPIZZOL Business Editor LAJA K.M. THOMPSON Assistant International Trade Editor Index Editors CHRISTINE M. GRZESIAK LISA BERKOWITZ Capital Markets Editor Book Review Editor International Trade Editor KELLY ARCHER Symposium Editor PATRICIA THATCHER Special Editor SUE ATKINSON STEVE GOTTESFELD ISABEL Posso TAMMY BARNES THOMAS HIATT MARIA SCHAEFER CHRIS CASTILLIAN ELIZABETH LUBAR BLAKE THOMPSON CLYDE DEMERSSEMAN MELISSA PFEIFFENBERGER GREG WEBER Articles Editors MEMBERS GREG ABELLA GREG EWALD STEVE METZ MATTHEW BAILIS JEFF FLEISCHNER ROBERT NEUHARD BRENT BARTLETT ROBIN FRIEDMAN NAOMI NOTMAN MELINDA COOPER JILL GILPIN GEORGE OKADA JEFF CORPORON RICHARD GLUCKSMAN RICHARD POSTMA GERALDINE CUMMINS DIANA GODWIN JON ROBINSON MANISHA DAVt MATTHEW HAYS MICHAEL SASIN DALE DECESARE WILLIAM KLAIN JOHN VALERIO JEFF DELMON COURTNEY MANES MERRIE JEANNE WEBEL ELIZABETH ESPINOZA ROBIN WOLFE FACULTY ADVISOR VED P. NANDA ADVISORY BOARD YONAH ALEXANDER GEORGE CODDING MYRES S. McDOUGAL THEODORE L. BANKS JONATHAN C.S. COX MAURICE B. MITCHELL M. CHERIF BASSIOUNI ARGHYRIOS A. FATOUROS JOHN NORTON MOORE UPENDRA BAXI ROBERT A. FRIEDLANDER JAMES A. R. NAFZIGER WILLIAM M. BEANEY EDWARD GORDON GLADYS OPPENHEIMER JOHN BETZ JOHN LAWRENCE HARGROVE EKKEHART MULLER-RAPPARD HAROLD S. BLOOMENTHAL DONALD W. HOAGLAND WILLIAM M. REISMAN MURRAY BLUMENTHAL FREDERIC L. KIRGIS DANIEL L. RITCHIE ZACK V. CHAYET RALPH B. LAKE LEONARD v.B. SUTTON DOMINIQUE CARREAU DENNIS 0. LYNCH ROBERT B. YEGGE ALFRED J. COCO WILLIAM F. ZARANKA The Denver Journal of International Law & Policy dedicates this issue to Professor Emeritus Christopher H. Munch. Denver Journal of International Law and Policy VOLUME 21 NUMBER 1 FALL 1992 BOARD OF EDITORS FLORIAN A. KOGELNIK Editor-in-Chief KELLY ARCHER Symposium Editor JOHN W. KELLOGG MICHELLE A. MILLER Editorial Managing Editor Administrative Managing Editor FRANCIS BROWN SAM DEPIZZOL Business Editor LAJA K.M. THOMPSON Assistant International Trade Editor Index Editors CHRISTINE M. GRZESIAK LISA BERKOWITZ Capital Markets Editor Book Review Editor International Trade Editor BLAKE THOMPSON JON ROBINSON MANISHA DAVIk RICHARD GLUCKSMAN PATRICIA THATCHER MATTHEW HAYS TAMMY BARNES ROBERT NEWHARD DALE DECESARE Articles Editors MEMBERS MATTHEW BAILIS ROBIN FRIEDMAN GEORGE OKADA BRENT BARTLETT THOMAS HIATT ISABEL POSSO JEFF CORPORON ELIZABETH LUBAR MICHAEL SASIN GERALDINE CUMMINS JOSEPH LYNCH MARIA SCHAEFER MELISSA PFEIFFENBERGER NAOMI NOTMAN JOE TROMBO JEFF DELMAN COURTNEY MANES JOHN VALERIO CLYDE DEMERSSEMAN ROBIN WOLFE GREG EWALD MICHELLE WONG FACULTY ADVISOR VED P. NANDA ADVISORY BOARD YONAH ALEXANDER JOHN LAWRENCE HARGROVE THEODORE L. BANKS DONALD W. HOAGLAND M. CHERIF BASSIOUNI FREDERIC L. KIRGIS UPENDRA BAXI RALPH B. LAKE WILLIAM M. BEANEY DENNIS 0. LYNCH JOHN BETZ MYRES S. McDOUGAL HAROLD S. BLOOMENTHAL MAURICE B. MITCHELL MURRAY BLUMENTHAL JOHN NORTON MOORE ZACK V. CHAYET JAMES A. R. NAFZIGER DOMINIQUE CARREAU GLADYS OPPENHEIMER ALFRED J. CoCo EKKEHART MULLER-RAPPARD GEORGE CODDING WILLIAM M. REISMAN JONATHAN C.S. COX DANIEL L. RITCHIE ARGHYRIOS A. FATOUROS LEONARD v.B. SUTTON ROBERT A. FRIEDLANDER ROBERT B. YEGGE EDWARD GORDON WILLIAM F. ZARANKA Constitutions and Revolutions: The Impact of Unification and the Constitutions of the Five New German States on the Amendment of the Constitution of the Federal Republic of Germany CHRISTOPH J. PARTSCH* I. INTRODUCTION The changes in the foreign and domestic politics of Germany caused by unification have been and will continue to be reflected in the changes of the Constitution of the Federal Republic, also known as the Basic Law (Grundgesetz).' The constitutions 2 and draft constitutions' of the five new states of the Federal Republic of Germany reveal the direction that the future Constitution of the Federal Republic of Germany will take. They also reflect the difficult history of two dictatorships and the problems of a society in transformation towards democracy. The Einigungsvertrag,the "Treaty between the Federal Republic of Germany and the German Democratic Republic on the Achievement of the Unity of Germany,"" changed the present constitution of the Federal Republic of Germany and recommended amendments to the Basic Law.' Most of the prior changes to the Basic Law resulted from negotiations with the * The author was legal advisor to the committee "Constitution and Law" and to vari- ous other committees in the Parliaments of Saxony, Dresden, Federal Republic of Germany in 1991. The opinions expressed in this article are solely those of the author. He would like to express his gratitude to Mrs. Swetlana von Bismarck for her contributions to this article. 1. Grundgesetz der Bundesrepublik Deutschland of May 23, 1949 [hereinafter Basic Law] [GGI 1949 Bundesgesetzblatt [BGBt] I