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Comparative and Foreign Law

UC Law SF

1986

Articles 1 - 19 of 19

Full-Text Articles in Law

Aids Quarantine In England And The United States, Ronald Elseberry Jan 1986

Aids Quarantine In England And The United States, Ronald Elseberry

UC Law SF International Law Review

Acquired immune deficiency syndrome (AIDS) has become a world health crisis. As the AIDS menace continues to grow and popular fears of AIDS mount, national governments worldwide are struggling to create legislative programs to stop the spread of the disease. This Note focuses upon the suggested solution of quarantining AIDS patients and carriers. The author first examines the checkered history of quarantine as a public health solution. Then the author compares and contrasts existing English and American laws which might be applied to quarantine AIDS patients and carriers. The emphasis is on the relative efficiency of such measures and the …


Japanese Companies On United States Soil: Treaty Privileges Vs. Title Vii Restraints, Matthew Orebic Jan 1986

Japanese Companies On United States Soil: Treaty Privileges Vs. Title Vii Restraints, Matthew Orebic

UC Law SF International Law Review

In a treaty entered into before domestic civil rights legislation was enacted, the United States granted Japanese companies doing business in the United States an unconditional right to hire upper-level management of their choice. Because many Japanese companies choose only to hire Japanese citizens for their upper-level management positions, a conflict exists between the rights granted under the treaty and the mandates of Title VII of the Civil Rights Act. This Note examines this conflict and the attempts made by the Second and Fifth Circuits and the United States Supreme Court to reconcile treaty rights and ostensible Title VII violations.


Acquiring And Utilizing Political Risk Insurance: A Practitioner's Perspective, Peter R. Gilbert Jan 1986

Acquiring And Utilizing Political Risk Insurance: A Practitioner's Perspective, Peter R. Gilbert

UC Law SF International Law Review

No abstract provided.


Protecting Against Incovertibility And Transfer Risk: An Outline Of Trade Financing Programs Of The Export-Import Bank Of The United States, Karen Hudes Jan 1986

Protecting Against Incovertibility And Transfer Risk: An Outline Of Trade Financing Programs Of The Export-Import Bank Of The United States, Karen Hudes

UC Law SF International Law Review

No abstract provided.


The Choice Of Applicable Law In International Arbitration, Vitek Danilowicz Jan 1986

The Choice Of Applicable Law In International Arbitration, Vitek Danilowicz

UC Law SF International Law Review

International commercial arbitration has become increasingly popular in recent years in large part because it offers quicker and more convenient dispute resolution than litigation in a foreign nation. Nonetheless, arbitration, like litigation, presents knotty choice of law problems. This Article examines a variety of approaches currently used by arbitrators to select the law which will govern arbitration procedure. The competing interests of the international business community and the various sovereign nations seeking to control international arbitration are discussed.


The High Utility Of Fcia Insurance To Banks In Financing Trade, Robert Chapman Jan 1986

The High Utility Of Fcia Insurance To Banks In Financing Trade, Robert Chapman

UC Law SF International Law Review

No abstract provided.


Outline Of Settling Claims: The Iranian Experience, Haig J. Shalvarjian, Harlan M. Richter Jan 1986

Outline Of Settling Claims: The Iranian Experience, Haig J. Shalvarjian, Harlan M. Richter

UC Law SF International Law Review

No abstract provided.


China Special Economic Zones In Perspective: A Contextual Discussion With Emphasis On The Shekou Industrial Zone, Charles C. Valauskas Jan 1986

China Special Economic Zones In Perspective: A Contextual Discussion With Emphasis On The Shekou Industrial Zone, Charles C. Valauskas

UC Law SF International Law Review

This Article analyzes the unique role of Special Economic Zones in modem China. The author first discusses the historical background of the zone concept, and the creation of the zones. Next, the author focuses on the Shekou Industrial Zone to demonstrate the practical problems which face foreign corporations wishing to conduct business within a Special Economic zone. Particular emphasis is placed upon the unpredictability of the Chinese legal system, especially the vague and ambiguous statutes which regulate zone activities.


Using Political/Credit Risk Insurance To Maximize Financing Opportunities, Susan Mashkes Jan 1986

Using Political/Credit Risk Insurance To Maximize Financing Opportunities, Susan Mashkes

UC Law SF International Law Review

No abstract provided.


Professor William J. Riegger--A Man Who Had A Gift With People, James R. Mccall Jan 1986

Professor William J. Riegger--A Man Who Had A Gift With People, James R. Mccall

UC Law SF International Law Review

No abstract provided.


Terrorists And Special Status: The British Experience In Northern Ireland, Jay M. Spillane Jan 1986

Terrorists And Special Status: The British Experience In Northern Ireland, Jay M. Spillane

UC Law SF International Law Review

The political and social fragmentation of Northern Ireland is well known, and the violent tactics employed by some members of the warring communities are infamous. This Note examines the conflict between Britain's treatment for politically motivated criminals in Northern Ireland and the human rights guarantees provided in various international conventions. The author concludes that politically motivated terrorists are now treated differently from other criminals and, accordingly, should be accorded the status of "special prisoners," with corresponding human rights protections.


Expert Opinion And Reform In Anglo-American, Continental, And Israeli Adjudication, Neil Netanel Weinstock Jan 1986

Expert Opinion And Reform In Anglo-American, Continental, And Israeli Adjudication, Neil Netanel Weinstock

UC Law SF International Law Review

The factual framework of modem litigation has become increasingly technical and complex; this development poses new challenges for traditional fact-finders. More and more, expert witnesses are being used to assist judges and juries in the factfinding process. This Article examines the role of the expert witness in the common-law and civil-law judicial systems, emphasizing the manner in which the divergent systems have responded to the need for reform in this area. The author then examines the role of the expert in the hybrid Israeli judicial system, which is rooted in both the civil-law and common-law traditions. Finally, the author demonstrates …


Aviation Deaths On The Seas: The Flight Into Maritime Law, Moris Davidovitz Jan 1986

Aviation Deaths On The Seas: The Flight Into Maritime Law, Moris Davidovitz

UC Law SF International Law Review

The awkward and unsatisfactory application of maritime principles to aviation issues has created many problems for practitioners. A particular area of difficulty is the assessment of the rights and liabilities arising from aviation deaths on the seas. This Article sets forth a method of analysis to assist the practitioner in evaluating and litigating a wrongful death claim in light of the various remedies available. Specifically, the Article examines whether United States or foreign law should apply to a particular claim, which body of law should apply to a claim in a particular jurisdiction, and various substantive and procedural advantages and …


Enforcement Of United States Default Judgments In Spain, The, Orlando A. Gonzalez-Arias Jan 1986

Enforcement Of United States Default Judgments In Spain, The, Orlando A. Gonzalez-Arias

UC Law SF International Law Review

No abstract provided.


Finders Keepers--The Titanic And The 1982 Law Of The Sea Convention, Cynthia Furrer Newton Jan 1986

Finders Keepers--The Titanic And The 1982 Law Of The Sea Convention, Cynthia Furrer Newton

UC Law SF International Law Review

The recent discovery of the Titanic some 500 miles off the coast of Canada has given rise to the question of who now "owns" the sunken vessel. This Note discusses the possible ownership rights to the Titanic within the framework of current international law. First, the author examines the customary international law of salvage and of finds, and identifies the inherent conflicts between the two doctrines. The author then discusses the effect of the 1982 Law of the Sea Convention, paying particular attention to its novel provisions regarding Objects of an Historical and Archeological Nature (OHANs). The author attempts to …


Images From Abroad: Making Direct Broadcasting By Satellites Safe For Sovereignty, Joel R. Paul Jan 1986

Images From Abroad: Making Direct Broadcasting By Satellites Safe For Sovereignty, Joel R. Paul

UC Law SF International Law Review

Today, with the use of Direct Broadcasting Satellites (DBS), television programs can be sent from one end of the globe to the other. This new technology has created a conflict between Western nations that wish to broadcast programs internationally and the Soviet Union and less developed countries that wish to restrict the flow of Western information into their territories. This Article analyzes this conflict and considers various suggested regulatory approaches.


The Light At The End Of The Tunnel: The Hague Convention On International Child Abduction Has Reached Capitol Hill, Lawrence H. Stotter Jan 1986

The Light At The End Of The Tunnel: The Hague Convention On International Child Abduction Has Reached Capitol Hill, Lawrence H. Stotter

UC Law SF International Law Review

Parental child abduction has been on the increase in recent years, both within the United States and abroad. This Article considers the impact on this problem of the United States recent ratification and expected implementation of the Hague Convention on International Child Abduction. In addition, the author analyzes the relationship between the Child Abduction Convention and various domestic statutes, including the federal Parental Kidnapping Protection Act and the Uniform Child Custody Jurisdiction Act, which has been enacted in all 50 states.


Insuring Investment And Loans Against Currency Incovertibility, Expropriation, And Political Violence, Robert B. Shanks Jan 1986

Insuring Investment And Loans Against Currency Incovertibility, Expropriation, And Political Violence, Robert B. Shanks

UC Law SF International Law Review

No abstract provided.


Professor William J. Riegger, Francis Richard Walsh Jan 1986

Professor William J. Riegger, Francis Richard Walsh

UC Law SF International Law Review

No abstract provided.