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Full-Text Articles in Law
The Effect In Choice Of Law Cases Of The Acquisition Of A New Domicile After The Commission Of A Tort Or The Making Of A Contract, Moffatt Hancock
The Effect In Choice Of Law Cases Of The Acquisition Of A New Domicile After The Commission Of A Tort Or The Making Of A Contract, Moffatt Hancock
UC Law SF International Law Review
A.post-transaction change of domicile by one of the parties to a law suit raises important questions which the court must answer in determining what law to apply to the transaction. The author examines and analyzes policy considerations in two types of cases: those in which the application of the law of the new domicile would favor the changing party and those in which it would work to his or her disadvantage.
The Structure Of Tribunals And The Appointment Of Their Members In Great Britain, Charles D. Ablard
The Structure Of Tribunals And The Appointment Of Their Members In Great Britain, Charles D. Ablard
UC Law SF International Law Review
The British tribunal system is viewed as an independent extension of the court system with adjudicative powers over a broad range of government activities. The author examines the structure and composition of British tribunals, discusses the role of lawyers and laymen within the tribunal system, and draws comparisons to administrative law bodies in the United States.
Human Rights In The Wake Of The Helsinki Accords, Arthur J. Goldberg, James S. Fay
Human Rights In The Wake Of The Helsinki Accords, Arthur J. Goldberg, James S. Fay
UC Law SF International Law Review
Since the ratification in Helsinki in 1975 of the Final Act of the Conference on Security and Cooperation in Europe (CSCE), the Soviet bloc nations have resisted effective implementation of many agreed upon provisions of the Act, particularly those dealing with Human Rights. In the process of outlining the flaws in the Soviet position, the authors suggest specific steps to guide Western negotiators at the 1980 CSCE meeting in Madrid.
Restraints On Executive Emergency Power In The United States And Canada, James S. Fay
Restraints On Executive Emergency Power In The United States And Canada, James S. Fay
UC Law SF International Law Review
The United States and Canada grant extensive emergency powers to their Chief Executives in time of crisis. Limited restrictions by the courts and particularly by the legislatures on the invocation and use of such powers may pose a long term threat to democratic institutions in both nations.
The Argentine Transfer Of Technology Law: An Analysis And Commentary, Guillermo Cabanellas
The Argentine Transfer Of Technology Law: An Analysis And Commentary, Guillermo Cabanellas
UC Law SF International Law Review
The author guides investors and their attorneys through the complexities of the 1977 Argentine Transfer of Technology Law. The law is compared and contrasted with previous Argentine foreign investment laws and the laws of other Latin American countries.
Foreign Investment In Paraguay: An Analysis Of Incentives Under Law No. 550, Michael D. Schley
Foreign Investment In Paraguay: An Analysis Of Incentives Under Law No. 550, Michael D. Schley
UC Law SF International Law Review
No abstract provided.
Foreign Sovereign Immunities Act: Ownership Of Soviet Foreign Trade Organizations, James Stang
Foreign Sovereign Immunities Act: Ownership Of Soviet Foreign Trade Organizations, James Stang
UC Law SF International Law Review
No abstract provided.
Carriage Of Goods By Sea: Should The United States Ratify The Hambug Rules, Michael C. Davis
Carriage Of Goods By Sea: Should The United States Ratify The Hambug Rules, Michael C. Davis
UC Law SF International Law Review
On March 31, 1978, the United Nations Conference on the Carriage of Goods by Sea adopted the Hamburg Rules to replace the Hague Rules of 1924 as the guiding instrument on international carriage of goods by sea. The new rules embody several changes in the liability for cargo damaged or lost in transit by sea. This Note focuses on the two most important substantive changes: The elimination of the so-called "catalogue of exemptions," and the change in the maximum liability limitation.
The Japanese And Korean Law Of Secured Transactions, Rex Coleman
The Japanese And Korean Law Of Secured Transactions, Rex Coleman
UC Law SF International Law Review
In 1977 the United States' bilateral trade deficit with Japan was over 8 billion dollars, roughly forty percent of the United States' overall trade deficit for that year. In this introductory article, the author examines the nationalistic orientation of the business government alliance established during the Meiji Era, the government validation process and the five steps of the post-war capital liberalization program. The article concludes with a brief analysis of prospects for the future.
Marketing And Antitrust In Japan, John O. Haley
Marketing And Antitrust In Japan, John O. Haley
UC Law SF International Law Review
In a recent series of cases the Japanese Fair Trade Commission has adopted a strict illegality approach and held one of the more typical manufacturer-imposed market channelling arrangements to constitute an unfair business practice in violation of article 19 of the Japanese Antimonopoly and Fair Trade Law. This article assesses these cases and their implications in the context of Japanese antitrust regulation of marketing.
The 1978 Constitution Of The People's Republic Of China, Chin Kim, Timothy G. Kearley
The 1978 Constitution Of The People's Republic Of China, Chin Kim, Timothy G. Kearley
UC Law SF International Law Review
The authors analyze the latest Constitution of the People's Republic of China placing considerable emphasis on the shifts in economic and social policy wrought by recent changes in the political theater of the People's Republic of China. This most recent version is compared to and contrasted with the preceeding Constitutions of 1975 and 1954.
The French Exequatur Proceeding: The Exorbitant Jurisdictional Rules Of Articles 14 And 15 (Code Civil) As Obstacles To The Enforcement Of Foreign Judgments In France, Thomas E. Carbonneau
The French Exequatur Proceeding: The Exorbitant Jurisdictional Rules Of Articles 14 And 15 (Code Civil) As Obstacles To The Enforcement Of Foreign Judgments In France, Thomas E. Carbonneau
UC Law SF International Law Review
In this article, the author examines the jurisdictional problems encountered by a party attempting to enforce a foreign judgment in France against a French national or domiciliary. The author's application of the French law to a hypothetical case demonstrates that as a general rule, foreign judgments rendered against French nationals or domiciliaries by non-Common Market jurisdictions will not be enforceable in France.
Questionable Payments By Foreign Subsidiaries: The Extraterritorial Jurisdictional Effect Of The Foreign Corrupt Practices Act Of 1977, Hubert Lenczowski
Questionable Payments By Foreign Subsidiaries: The Extraterritorial Jurisdictional Effect Of The Foreign Corrupt Practices Act Of 1977, Hubert Lenczowski
UC Law SF International Law Review
In an attempt to halt bribery of foreign officials by American businesses, the Foreign Corrupt Practices Act of 1977 imposes liability on United States corporations, but not on their foreign subsidiaries. This Note analyzes how the Act is given extraterritorial effect, and compares this effect with international applications of the United States antitrust laws. In conclusion the author explains that the Act's unprecedented effect.
The Third World And The Protection Of National Patrimony: Oil, Art And Orchids, Michael W. Gordon
The Third World And The Protection Of National Patrimony: Oil, Art And Orchids, Michael W. Gordon
UC Law SF International Law Review
The author analyzes various means of protecting national patrimony, concentrating on three general subject areas of concern: a nation's natural resources, its cultural heritage, and its fauna and flora. The author discusses the interrelatedness of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illict Import, Export and Transfer of Ownership of Cultural Property, the 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the 1974 United Nations General Assembly Charter of Economic Rights and Duties of States, viewing these multilateral pronouncements as part of a broad Third World response to the …
The Influence Of Roman Law On Early Medieval Culture, Edgar Bodenheimer
The Influence Of Roman Law On Early Medieval Culture, Edgar Bodenheimer
UC Law SF International Law Review
The Roman law which had a significant impact on the early Middle Ages was not the law which was in force during the decline of Rome's civilization. The author discusses why the Vulgar law was well suited for early medieval culture and why the classical Roman law was only revived toward the end of the Middle Ages.
Export Licensing Of Advanced Technology To Communist Countries: Problems And Prospects, Vikram Aditya Gosain
Export Licensing Of Advanced Technology To Communist Countries: Problems And Prospects, Vikram Aditya Gosain
UC Law SF International Law Review
The Export Administration Act of 1969 restricted efforts of United States industry to expand sales of non-strategic advanced technology goods to Communist countries. The author examines the significance of the Export Administration Amendments of 1977 and the procedure and criteria by which an export application is evaluated. The author suggests certain reforms which would help attain the goal of trade promotion.
The 1977 Ussr Constitution: A Document Of Social, National And International Consolidation, Andrew Sorokowski
The 1977 Ussr Constitution: A Document Of Social, National And International Consolidation, Andrew Sorokowski
UC Law SF International Law Review
Among the new features of the 1977 Soviet Constitution are provisions that strengthen the role of the Communist Party, redefine the powers of the Union Republics, and announce the foreign policy of the U.S.S.R. The author demonstrates that these principal features represent a consolidation of the U.S.S.R.'s power as a multinational party-state of world stature. Yet, this consolidation is a response to the centrifugal forces of social differentiation, non-Russian nationalism, and foreign Communist dissension, which threaten the ideal of Communist uniformity at home and abroad.
Mexico's Organic Law Of Federal Public Administration--A New Structure For Modern Administration, Mark O. Rorem
Mexico's Organic Law Of Federal Public Administration--A New Structure For Modern Administration, Mark O. Rorem
UC Law SF International Law Review
The expanding size of governmental agencies and the increasing scope of their activities raise questions about effective ways to control and coordinate governmental bureaucracies. The author examines Mexico's efforts to cope with these problems through recent administrative reforms in the Organic Law of Federal Public Administration.
The Legal Status Of United States Corporations And Individuals In Taiwan If United States--Republic Of China Dipolmatic Relations Were Severed, Preston M. Torbert
The Legal Status Of United States Corporations And Individuals In Taiwan If United States--Republic Of China Dipolmatic Relations Were Severed, Preston M. Torbert
UC Law SF International Law Review
The author reviews the treaty rights afforded U.S. corporations and individuals operating in Taiwan under present agreements and compares them with rights afforded non-treaty countries doing business in Taiwan. The author's extensive examination reveals that, while present treaties appear to formally secure diplomatic relations, a severance thereof will not cause a great disruption of trade and investment between the U.S. and the Republic of China.
Individual Freedoms In Today's World; Laws And Reality, Wilhelm Karl Geck
Individual Freedoms In Today's World; Laws And Reality, Wilhelm Karl Geck
UC Law SF International Law Review
The author analyses the present world situation with regard to human rights both as found in the constitutional systems of the world's states, and as evidenced by reports of Amnesty International and Freedom House. The article was originally delivered as a lecture before the German Red Cross.
The Impact Of Treaties On Commercial Space Operations, Martin Menter
The Impact Of Treaties On Commercial Space Operations, Martin Menter
UC Law SF International Law Review
The author believes that at some future date space stations to house communities will be erected. The subsistence of a space community will depend on fail-safe governing procedures. The author examines the role of treaties in regulating and validating activities within a space community.
Compelling Contract Performance In France, James Beardsley
Compelling Contract Performance In France, James Beardsley
UC Law SF International Law Review
The threat of a money judgment substantially exceeding provable damages has become the basis of enforcement of specific performance of contracts in France. The author of this article traces the developments in this area and the evolution of the astreinte, which has substantially changed what may be called the law of specific performance of France.
A New Constitution For German Big Business: The Co-Determination Act Of 1976, Fritz Rittner
A New Constitution For German Big Business: The Co-Determination Act Of 1976, Fritz Rittner
UC Law SF International Law Review
Designed to change the economic and social life of Germany, the Federal Republic of Germany enacted the Co-Determination Act of 1976. The author of this commentary analyzes the basic content of the Act, outlines its central theme and scope of application and the probable effects of the Act upon the operation of German business enterprises.
Innovation In International Organization: The International Energy Agency, Richard F. Scott
Innovation In International Organization: The International Energy Agency, Richard F. Scott
UC Law SF International Law Review
Responding to the Arab oil embargo of 1973-74 and to the abrupt shift of control over the oil market from the international oil companies to the producer countries, the major oil consuming countries established the International Energy Agency (IEA) on November 15, 1974. This article analyzes the origin, structure and early operations of the lEA. The author concludes that the organization of the IEA demonstrates the ability of oil consuming countries to respond in a constructive, cooperative, and peaceful fashion to the energy challenges of today.
United States V. Hollinshead: A New Leap In Extraterritorial Application Of Criminal Laws, William J. Hughes
United States V. Hollinshead: A New Leap In Extraterritorial Application Of Criminal Laws, William J. Hughes
UC Law SF International Law Review
In United States v. Hollinshead, the defendants were convicted of violating a federal penal statute and subjected to criminal penalties in the United States for the importation of Mayan artifacts illegally exported from Guatemala. The case held, in effect, that articles not characterized as stolen under the laws of the United States may still become the basis for violation of 18 USC § 2314, interstate transportation of stolen property. In his note, the author analyzes the usefulness of this decision in the extraterritorial applications of United States penal laws.
United States Policy Regarding Recognition Of Foreign States, Randall S. Leff
United States Policy Regarding Recognition Of Foreign States, Randall S. Leff
UC Law SF International Law Review
Recognition is the act whereby the executive of a nation formally acknowledges the existence of a new state or government and determines all of the legal consequences flowing from this act to the new state or government. The author of this note proposes that recognition should be founded upon international legal standards, rather than political considerations.
The United States Domestic International Sales Corporation: An Analysis Of Its Objectives And Effects, Bruce William Feuchter
The United States Domestic International Sales Corporation: An Analysis Of Its Objectives And Effects, Bruce William Feuchter
UC Law SF International Law Review
The Domestic International Sales Corporation Act has encouraged exports of United States' products without destructive economic effects outside the country to warrant keeping the Act in effect. The author proposes that its use has been of sufficient value to justify Congressional extension of the life of the Act.
The New Argentine Foreign Investment Law: An Analysis And Commentary, Thomas W. Studwell, Guillermo Cabanellas
The New Argentine Foreign Investment Law: An Analysis And Commentary, Thomas W. Studwell, Guillermo Cabanellas
UC Law SF International Law Review
The authors guide investors and their attorneys through the complexities of the recently enacted Argentine Foreign Investment Law. The new law is compared and contrasted with previous Argentine foreign investment laws and the laws of other Latin American Countries.
Marine Scientific Research Amid Troubled Political Waters, Thomas John Scotto
Marine Scientific Research Amid Troubled Political Waters, Thomas John Scotto
UC Law SF International Law Review
The sixth session of the Third United Nations Conference on the Law of the Seas concluded last summer. This author takes a critical look at the trend in the negotiations to date and its repercussion on the conduct of marine scientific research.
Trust & Estate Planning: The Effect Of Soviet Polices On Legacies From Abroad, Claudia Brooks
Trust & Estate Planning: The Effect Of Soviet Polices On Legacies From Abroad, Claudia Brooks
UC Law SF International Law Review
When one attempts to create or administer a money estate or trust in favor of an alien residing in the Soviet Union he or she must be aware of the problems commonly associated with such a gift. This article examines the inheritance laws of California and other states with regard to nonresident alien heirs, and analyzes the past and present attitudes of the Soviet Government toward interitances from abroad intended for its citizens. In addition the author proposes drafting techniques to aid an attorney in creating an effective will or trust instrument for the benefit of a Soviet resident.