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Full-Text Articles in Law
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.
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.
A Code Of Conduct Regulating International Technology Transfer: Panacea Or Pitfall, Marcus B. Finnegan
A Code Of Conduct Regulating International Technology Transfer: Panacea Or Pitfall, Marcus B. Finnegan
UC Law SF International Law Review
Industrialized or developed countries control some of the most valuable, useful and transferable technology in the world. Recognizing the need for the transfer of technology from the larger industrialized nations to the more numerous developing countries, the author of this article examines the difficulties of such transfers and analyzes the proposed codes of conduct to regulate such transactions.
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.
Intergovernmental Maritime Consultative Organization And Tankers: A Case Study In The Effectiveness Of International Maritime Regulation, Robert L. Otsea Jr.
Intergovernmental Maritime Consultative Organization And Tankers: A Case Study In The Effectiveness Of International Maritime Regulation, Robert L. Otsea Jr.
UC Law SF International Law Review
In recent years the world has seen a proliferation of maritime disastors that has resulted in numerous environmentally threatening oil spills. The author examines the problem of international maritime regulation of 'tankers and discusses the role of the Inter-governmental Maritime Consultative Organization (IMCO) as a tool in the regulation of tanker safety and the prevention of oil spills.
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.
Broach Of Duty: The United States Foreign-Trade Zones Program In Transition, Daniel G. Durbin
Broach Of Duty: The United States Foreign-Trade Zones Program In Transition, Daniel G. Durbin
UC Law SF International Law Review
The concept of the foreign-trade zone has undergone recent change in the United States. Under the founding legislation, foreign-trade zones were defined as areas where goods could be stored temporarily without being subject to many customs regulations. Today, the potential purposes and activities for which a zone can be utilized have been extended. The federal court decision in Armco Steel Corp. v. Stans, legislative amendments and policy statements by the Foreign Trade Zones Board have contributed substantially to this evolution. Certainly, observers of its early form would have difficulty recognizing the modern foreign-trade zone.
The Composite Text And Nodule Mining--Over-Regulation As A Threat To The Common Heritage Of Mankind, Theodore M. Beuttler
The Composite Text And Nodule Mining--Over-Regulation As A Threat To The Common Heritage Of Mankind, Theodore M. Beuttler
UC Law SF International Law Review
The future of international regulation of the deep seabed has been jeopardized by the Informal Composite Negotiating Text. The author explains why the production restrictions within the text are unduly harsh and overprotective of land-based mineral producers.
The 1975 Constitution Of The People's Republic Of China, Chin Kim
The 1975 Constitution Of The People's Republic Of China, Chin Kim
UC Law SF International Law Review
On January 17, 1975, the People's Republic of China adopted a new national constitution. In this article, the author discusses the new constitution in light of its substantive changes from the 1954 constitution, concluding that the basic purpose of the 1975 constitution is to formalize by way of document the political changes which have taken place in the People's Republic of China since 1954.
The Application Of Forum Non Conveniens In Maritime Personal Injury Actions Brought By Foreign Seamen In Federal Courts: An Analysis And Reappraisal, Eugene Vincent Flynn
The Application Of Forum Non Conveniens In Maritime Personal Injury Actions Brought By Foreign Seamen In Federal Courts: An Analysis And Reappraisal, Eugene Vincent Flynn
UC Law SF International Law Review
Despite the regularity with which the issue of forum non conveniens is raised by defendants in maritime personal injury actions brought by foreign seamen, no reported case has presented a definitive analysis of the doctrine since the Lauritzen-RhodtLs choice of law method was established by the Supreme Court, In order to fill this void the author first suggests policy reasons which underpin the consistent judicial refusal to dismiss cases controlled by American maritime law. Next the author turns to the application of forum non conveniens in cases controlled by foreign law and discusses relatively recent innovations in law, technology and …