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Recollections Of The 1952 International North Pacific Fisheries Convention: The Decline Of The Principle Of Abstention, Shigeru Oda Nov 2004

Recollections Of The 1952 International North Pacific Fisheries Convention: The Decline Of The Principle Of Abstention, Shigeru Oda

San Diego International Law Journal

Having recently completed twenty-seven years on the bench of the International Court of Justice in The Hague, I have just returned to Sendai, Japan, my home town. Please permit me therefore to offer some personal recollections of the time fifty years ago when, as a graduate law student from occupied Japan traveling on a passport issued by General MacArthur, Supreme Commander of the Allied Powers in Japan, I began preparation of my doctoral dissertation at Yale Law School.


The 1953 International North Pacific Fisheries Convention: Half-Century Anniversary Of A New Department In Ocean Law, Harry N. Scheiber Nov 2004

The 1953 International North Pacific Fisheries Convention: Half-Century Anniversary Of A New Department In Ocean Law, Harry N. Scheiber

San Diego International Law Journal

In the broadest historical perspective, the Convention laid the groundwork for the modern-day norm of multi-lateralist style and structure for sustainable management of ocean resources. It is fitting, then, that a conference bringing together experts on ocean law and policy from many countries would have gathered in 2003 at the University of California, Berkeley to consider the current-day initiatives in multilateralism and, at the same time, to recall their origins and precursors starting with the International North Pacific Fisheries Convention.


Japan, The North Atlantic Triangle, And The Pacific Fisheries: A Perspective On The Origins Of Modern Ocean Law, 1930-1953, Harry N. Scheiber Nov 2004

Japan, The North Atlantic Triangle, And The Pacific Fisheries: A Perspective On The Origins Of Modern Ocean Law, 1930-1953, Harry N. Scheiber

San Diego International Law Journal

I seek to establish here the degree to which multilateralism prevailed in the postwar era, or instead was overcome by unilateralist objectives and methods in pursuit of national interests. The empirical basis and special focus in much of my analysis is the discussion of Canada's role in regard to the diplomacy of the Pacific fisheries and more generally in regard to the process of developing modern ocean law as reflected in Canadian-U.S.-Japanese-British relations.


Post-Grant Patent Invalidation In China And In The United States, Europe, And Japan: A Comparative Study, Haito Sun Oct 2004

Post-Grant Patent Invalidation In China And In The United States, Europe, And Japan: A Comparative Study, Haito Sun

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Past Its Prime? The Future Of The Us-Japan Alliance, William E. Rapp May 2004

Past Its Prime? The Future Of The Us-Japan Alliance, William E. Rapp

The US Army War College Quarterly: Parameters

No abstract provided.


Sovereign Immunity: Ramifications Of Altmann, Jenny Adelman Jan 2004

Sovereign Immunity: Ramifications Of Altmann, Jenny Adelman

ILSA Journal of International & Comparative Law

The Altmann family has tried for half a century to recover their valuable paintings from the Austrian government.


Copyright Infringement, Sex Trafficking, And Defamation In The Fictional Life Of A Geisha, Susan Tiefenbrun Jan 2004

Copyright Infringement, Sex Trafficking, And Defamation In The Fictional Life Of A Geisha, Susan Tiefenbrun

Michigan Journal of Gender & Law

Memoirs of a Geisha has sold and made millions for Arthur Golden since 1997. This is his first novel, and it has earned him worldwide acclaim. A feature film version directed by Steven Spielberg is in the works. The book is translated into more than twenty languages. This article uses the book and the legal controversy that ensued after its publication to ask, and hopefully answer, two questions: First, is the geisha tradition as described by Golden in his fictional biography a variant of sex trafficking and sexual slavery which, despite possible cultural justifications, should be abolished by law? Second, …


Asia Pacific Perspectives Vol. 4 No. 1, May 2004, University Of San Francisco, University Of San Francisco Jan 2004

Asia Pacific Perspectives Vol. 4 No. 1, May 2004, University Of San Francisco, University Of San Francisco

Asia Pacific Perspectives

Contents:

The Future of U.S. Relations with Japan and China: Will Bilateral Relations Survive the New American Unilateralism? by Rita Kernacs

The following paper examines how America's bilateral relations with Japan and China may be affected by Washington's recent move towards an increasingly unilateral foreign policy. Immediately after the tragic attack on the United States on September 11th, it appeared that relations with Japan and China, as with many countries around the world, would grow stronger. Finding a common enemy in "militant Islam" did much to improve U.S.-China relations. But, despite the temporary warmth, issues related to Taiwan, a lack …


Asia Pacific Perspectives Vol. 5 No. 1, December 2004, University Of San Francisco, University Of San Francisco Jan 2004

Asia Pacific Perspectives Vol. 5 No. 1, December 2004, University Of San Francisco, University Of San Francisco

Asia Pacific Perspectives

Contents:

Introduction by Joseph Tse-Hei Lee

In East Asia, the complexity of church-state relations can be better understood if one takes into account the involvement of local community in negotiating with the state over sacred and secular matters. This article argues that the church, state, and community were not independent variables, but constantly negotiated with each other over the control of religions, religious institutions and rituals. When the state was strong, the church and community participated in the formation of the state power. As the state power declined, the church and community reverted to their original independence and crossed the …


Heber J. Grant's European Mission, 1903-1906, Ronald W. Walker Jan 2004

Heber J. Grant's European Mission, 1903-1906, Ronald W. Walker

BYU Studies Quarterly

Elder Heber J. Grant landed in Liverpool, England, in November 1903, and by the first of the year he officially assumed his new position as president of the European Mission. The mission began at Tromso, Norway; and ran to Cape Town, South Africa; with Iceland and India serving as distant east-west meridians. While the church had branches in each of these extremities, Grant's field of labor was more compact. Most of the mission's effort was reserved to the Netherlands, Germany, Scandinavia, and Switzerland, where he had a general superintendency, and especially in the British Isles, where he had duties that …


Contractual Stipulation For Judicial Review And Discovery In United States-Japan Arbitration Contracts, Norman T. Braslow Jan 2004

Contractual Stipulation For Judicial Review And Discovery In United States-Japan Arbitration Contracts, Norman T. Braslow

Seattle University Law Review

This Article discusses in detail how the arbitration process in both the United States and Japan can very often result in injustice to both parties. Part II describes how limitations on discovery can cause vital information necessary to either prosecute or defend a claim to never appear before the arbitrator. The article then discusses the possibility of including provisions that might ameliorate this problem. Next, this Part examines specific examples of situations where the arbitrators can ignore the civil rules of evidence and admit evidence that would be inadmissible in a court of law. Finally, this Part concludes with a …