Law Commons^™

Macedonia: Far More Than A Name To Greece, Dean M. Poulakidas

UC Law SF International Law Review

Ever since its independence in 1991, the Former Yugoslav Republic of Macedonia (FYROM) has vigorously advocated for its international recognition as the "Republic of Macedonia." Greece does not oppose the independence of the FYROM, but rather the international recognition of this new republic with its current political objectives. Greece ardently opposes the FYROM's claims to Greece's northern province of Macedonia. While the international media and the FYROM have carelessly classified this dispute as one focused solely on the name "Macedonia," Greece's objections do not end with the new republic's use of the name of Greece's northernmost province. The FYROM's claims …

Codifying Property Law In The Process Of Transition: Some Suggestions From Comparative Law And Economics, Ugo Mattei

Faculty Scholarship

No abstract provided.

The Comparative Law And Economics Of Penalty Clauses In Contract, Ugo Mattei

Faculty Scholarship

No abstract provided.

An Outline Of History Of Environmental Law And Administration In Poland, Daniel H. Cole

UC Law SF International Law Review

Poland is reputed to be one of the world's most polluted countries. It is commonly, but mistakenly, supposed that Polish governments, especially during the communist era, made no serious effort to protect the environment. This Article outlines Poland's long history of environmental and nature protection, from medieval statutes protecting the European bison and centuries old sanitation laws regulating city sewers, to communist-era laws designed to control industrial pollution through the innovative (if ironic) use of market mechanisms. The final section of the Article describes current efforts to improve environmental protection in the post-socialist Republic of Poland.

Changing Money: Foreign Exchange Reform In The People's Republic Of China, Larry L. Drumm

UC Law SF International Law Review

Completed shortly before the controversial $100 million Lehman Brothers civil lawsuit against two ,Chinese firms over foreign exchange obligations made headlines, this Note provides a detailed overview of the development of PRC's complex foreign exchange system before the time of the suit and includes a full explanation of the 1994 overhaul, its causes and implications.

In succession, the Note explores the history of the system, the problems the foreign exchange system presented to foreign direct investment, the crisis believed to have prompted the 1994 reforms and finally the form and potential impact of the reforms on foreign direct investment and …

Justice On The Far Side Of The World: The Continuing Problem Of Misconduct By Civilians Accompanying The Armed Forces In Foreign Countries, Thomas G. Becker

UC Law SF International Law Review

This Article examines the legal challenge presented when civilians who accompany the United States military at its bases in foreign countries commit misconduct. American overseas posts have large numbers of civilian family members, U.S. employees, and contractors. The Article discusses the historical application of military law to such persons, recent proposals to extend Tire 18 of the United States Code to certain offenses committed by civilians overseas, and issues raised by proposed legislation.

Foreign Multinational Enterprises Operating In The United States Seek Sanctuary From Title Vii Employment Discrimination Charges In Treaties Of Friendship, Commerce, And Navigation, Christine Neylon O'Brien, Gerald A. Madek, Margo E. K. Reder

UC Law SF International Law Review

Where foreign multinational enterprises do business in the United States through locally incorporated subsidiaries, the employer's equal employment opportunity obligations under the U.S. laws may be tempered by international commercial treaties that permit foreign employers to freely choose key personnel such as accountants, technical experts, executives, attorneys, agents and other specialists. While the free choice exemption contained in the many bilateral treaties of friendship, commerce and navigation to which the United States is signatory protects the economic and legal interests of foreign investors, it allows foreign-owned companies to prefer their own nationals, which may disadvantage U.S. nationals. Because employment patterns …

Individual Versus Society: The Cultural Dynamics Of Criminalizing Suicide, Benjamin P. Fay

UC Law SF International Law Review

Various societies try to deal with the problem of suicide by criminalizing assisted suicide, attempted suicide, and sometimes even suicide itself. In the United States, suicide and attempted suicide are generally no longer criminalized. However, many states are grappling with the question of whether to criminalize assisted suicide. This Note examines suicide laws in two very different cultures, England and India, in order to determine whether there is a common lesson to be learned. The author concludes that the resolution of the question of whether to criminalize suicide or attempted suicide involves weighing the individual's interest in self-determination against the …

Health Care Reform And Erisa Preemption: Can The States Adopt Aspects Of Germany's Health Care System To Achieve Universal Access And Cost Containment, Byron Done

UC Law SF International Law Review

In 1994 Congress addressed a national crisis concerning the soaring cost of health care in the United States and the growing population of uninsured Americans. Congress debated the issues, but declined to enact any legislation. The problems, however, still persist. A few states have attempted comprehensive health care reform through state legislation, but the federal Employee Retirement Income Security Act (ERISA) has consistently preempted those attempts. This Note analyzes the ERISA preemption clause, its role as a barrier to comprehensive state health care reform, and some of ERISA's perverse effects on the employees it purports to protect. The Note also …

Fast-Track Arbitration In Europe (With Special Reference To The Wipo Expedited Arbitration Rules), Jan Paulsson

UC Law SF International Law Review

No abstract provided.

Dispute Settlement Under The Cfta And Nafta: From Eleventh-Hour Innovation To Accepted Institution, Harry B. Endsley

UC Law SF International Law Review

No abstract provided.

Reforming International Institutions To Improve Global Environmental Relations, Agreement, And Treaty Enforcement, Steven M. Anderson

UC Law SF International Law Review

The number of international environmental agreements has increased dramatically over the last several decades. Unfortunately, signed global accords have not always translated into ratified, fully enforced treaties. Several factors contribute to this dilemma including: the constraints of international law, recurring debates between lesser developed countries and their northern neighbors over standard setting and treaty administration, overburdened treaty implementation bodies, and-as evidenced by the U.S. example-domestic politics.

Reforming the current international environmental legal structure can help resolve enforcement difficulties. This Note examines existing international environmental organizations- with particular focus on the Global Environment Facility-and points to procedures and practices which have …

Codifying Property Law In The Process Of Transition: Some Suggestions From Comparative Law And Economics, Gianmaria Ajani, Ugo Mattei

UC Law SF International Law Review

This Article analyzes the problem of property law reform in former Socialist countries from a comparative law and economics perspective. While traditional classification of former Socialist countries as a homogeneous family can now be questioned on the basis of both past and present legal transplants, they still share sufficiently similar political, economic and institutional backgrounds to justify codification efforts directed towards the entire region.

Codification of property law must be preceded by political choices regarding distribution. In the context of former Socialist countries, such codification takes place in concomitance with the allocation of relevant goods to owners for the first …

Proposition 187 And International Human Rights Law: Illegal Discrimination In The Right To Education, Stephen Knight

UC Law SF International Law Review

In November 1994, California voters approved Proposition 187, which would deny basic social services such as education and health care to persons determined by state authorities to be in the country in violation of federal immigration laws. Enforcement of the proposition has been stayed pending the resolution of numerous lawsuits. The education provisions, in particular, are being challenged as violations of federal and state guarantees of equal protection, of state and federal privacy rights, and of international law.

This Note contends that the total denial of education to a class of persons in the United States is inconsistent with international …

The Limits Of Product Liability Reform Within A Consumer Expectation Model: A Comparison Of Approaches Taken By The United States And The European Union, John G. Culhane

UC Law SF International Law Review

During the past several decades, product liability law has sustained dramatic growth in the United States, but has noticeably lagged in the European Union. Against these quite different backdrops both American and European product liability initiatives have recently arisen. In the United States, the Model Uniform Product Liability Act (MUPLA) has served as a template for the enactment of individual state legislation, while the nations of the European Union have, through their own legislative processes, been implementing the Union's Product Liability Directive (the Directive).

This Article begins by undertaking a historical and analytical study of American and European product law …

Law And Racism In An Asian Setting: An Analysis Of The Britsh Rule Of Hong Kong, Richard Klein

UC Law SF International Law Review

In 1997, the British government will cede control of Hong Kong to the People's Republic of China. This Article examines the history of the British governance of Hong Kong, focusing on the prevalent use of British laws to exclude the Chinese citizens of Hong Kong from equal participation and status in the Hong Kong government and to retain control of Hong Kong in the hands of a privileged British minority. The Article details the ways in which the Chinese were treated in a discriminatory fashion in the British governance of Hong Kong and reveals the racist attitudes of many of …

Combining Conciliation With Arbitration Of International Commercial Disputes, Steven J. Burton

UC Law SF International Law Review

No abstract provided.

A Tort Only In Violation Of The Law Of Nations, Joseph Modeste Sweeney

UC Law SF International Law Review

The fourth clause of Section 9 of the Judiciary Act of 1789 grants to the federal courts jurisdiction over "a tort only in violation of the law of nations or a treaty of the United States." In the celebrated case of Filartiga v. Pena-Irala, the Second Circuit interpreted this clause as a grant of jurisdiction over any tort in violation of international law committed anywhere in the world. In reaching this conclusion, however, the court did not address the significance of the word "only" or the historical meaning of the word "tort."

This Article delves into the history, law, treaties, …

Japan, Regulatory Compliance, And The Wisdom Of Extraterritorial Social Controls, William S. Laufer, Iwao Taka

UC Law SF International Law Review

United States trade policy allows for a host of extraterritorial initiatives designed to force regulatory reform and corporate compliance in Japan. In this Article, it is argued that such reform and compliance is better achieved by extraterritorial support of the informal, consensual nature of Japanese administrative regulation. Extraterritorial initiatives should promote rather than undermine corporate and industry self-regulation. This position is supported by evidence that the alliances and relations underwriting the socio-cultural environment in Japan can ensure effective corporate self-regulation and compliance if supported.

The Drug Testing Project In International Sports: Dilemmas In An Expanding Regulatory Regime, James B. Jacobs, Bruce Samuels

UC Law SF International Law Review

Over the past two decades testing for performance enhancing drugs has become central to the legitimacy of international sport. A constant battle exists between athletes and coaches seeking to enhance performance at almost any cost and sporting authorities that deem the use of performance enhancing drugs illegal. As more methods of enhancement are discovered, the list of banned substances continues to grow, making enforcement more complex. Recently various sporting bodies, realizing that competition testing is ineffective in detecting the most commonly used drugs, have begun monitoring elite athletes year round and testing them around the world on short notice. For …

Foreign Sovereign Immunity And Saudi Arabia V. Nelson: A Practical Guide, Danny A. Hoek

UC Law SF International Law Review

In any federal judicial proceeding in the United States involving a foreign government or an entity controlled by a foreign government, it is vital to first determine whether that government or entity will be afforded immunity from prosecution under the doctrine of sovereign immunity. If the government or entity qualifies for immunity, they must waive their immunity for the court to have jurisdiction over them.

Prior to 1976, there was considerable turmoil within the United States government over how to distinguish those entities that qualified for immunity from those that did not. Congress responded to this turmoil with the passage …

Symposium Address, George W. Coombe Jr.

UC Law SF International Law Review

No abstract provided.

The Resolution Of International Commercial Disputes Under The Auspices Of The Icc International Court Of Arbitration, Eric A. Schwartz

UC Law SF International Law Review

No abstract provided.

Two Steps Back: British Lessons For American Fair Lending Reform, Steven Kalar

UC Law SF International Law Review

This Note suggests that the dramatic reform of American fair lending law now contemplated by Congress would replicate the ineffective British model for preventing loan discrimination. The Note begins with an examination of the problem of lending discrimination in the United States, and surveys legislation adopted in the last thirty years which addresses the problem. It then considers the more poorly documented phenomenon of loan discrimination in the United Kingdom, and reviews the limited British legislation and enforcement measures available to combat such discrimination. The Note discusses three reform proposals considered by the 104th Congress: (1) removal of the "pattern …