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Full-Text Articles in Law
Television Without Frontiers: Opportunity And Debate Created By The New European Community Directive, Paul Presburger, Michael R. Tyler
Television Without Frontiers: Opportunity And Debate Created By The New European Community Directive, Paul Presburger, Michael R. Tyler
UC Law SF International Law Review
This Article explores the Directive, passed by the European Council on October 3, 1989, designed to coordinate the various television broadcasting laws of the Member States within the European Community. While the Directive, popularly called Television Without Frontiers, certainly opens up internal frontiers hindering trans-European broadcasting, it contains a controversial local content provision requiring a majority of airtime for "European Works" which many have argued raises an external barrier to American television programs. This Article explains how the Directive harmonizes the divergent national laws of the Member States and describes in detail the controversy surrounding the local content requirement. In …
The Effects Of Derecognition And Government Succession Upon Locus Standi And Property Rights: The Kokario Case, Leonard B. Boudin
The Effects Of Derecognition And Government Succession Upon Locus Standi And Property Rights: The Kokario Case, Leonard B. Boudin
UC Law SF International Law Review
The Supreme Court of Japan must eventually resolve a dispute between the People's Republic of China (PRC) and the Republic of China (ROC) as to who has title to a dormitory in Japan that was purchased by the ROC when it was recognized by Japan as the government of China. During the pendency of the litigation instituted by the ROC against student residents in the dormitory, the Government of Japan recognized the PRC as the government of China. The case presents two important public law issues: first, whether the derecognized government (ROC) has locus standi, and second, which government has …
Trade Unions And War: The Right To Organize Under Belligerent Occupation, John Quigley
Trade Unions And War: The Right To Organize Under Belligerent Occupation, John Quigley
UC Law SF International Law Review
The right to organize trade unions is widely recognized as essential to the well being of workers. This right is protected as a human right by the customary law of nations. When a country is occupied in wartime, its trade unions may be regarded with suspicion by the occupying power which may view them as providing a cover for anti-occupation activity. Nonetheless, the right of trade unions to function is not abrogated by the fact of belligerent occupation. An occupant must permit trade unions to carry out their activities.
Forum Non Conveniens And Equal Access Under Friendship, Commerce, And Navigation Treaties: A Foreign Plaintiff's Rights, Allan Jay Stevenson
Forum Non Conveniens And Equal Access Under Friendship, Commerce, And Navigation Treaties: A Foreign Plaintiff's Rights, Allan Jay Stevenson
UC Law SF International Law Review
The United States is a party to many Friendship, Commerce, and Navigation treaties. Many of these treaties contain "equal access" clauses that grant foreign plaintiffs the same right of access to United States courts as United States citizens receive. This article compares the rights which foreign plaintiffs possess under these equal access clauses with that of United States citizens. More specifically, this article discusses the doctrine of forum non conveniens, and the ability of foreign plaintiffs with the right of equal access to withstand dismissal on these grounds. The article also presents a brief survey of the Friendship, Commerce, and …
A Comparative Introduction To Japanese &(And) United States Wrongful Termination Law, S. Maya Iwanaga
A Comparative Introduction To Japanese &(And) United States Wrongful Termination Law, S. Maya Iwanaga
UC Law SF International Law Review
Business relations between the United States and Japan have led to an increasing exchange of employees. However, United States and Japanese citizens who find themselves within the other's employment system are often confused as to what actions are proper in the employment termination setting. This Note presents an overview of Japanese and United States wrongful termination laws. The Note then highlights the similarities and differences between the two countries' approaches and evaluates the evolution of United States employment law towards a Japanese just cause system.
The Single European Act, Stefan A. Riesenfeld
The Single European Act, Stefan A. Riesenfeld
UC Law SF International Law Review
This Article discusses the genesis and the progress of integration achieved by the Single European Act. It describes the increased role of the European Parliament in the legislative processes of the Communities, especially through the new cooperation procedure, and the actions to be taken on the Community Level, in particular completion of the single market by 1993, increased protection of the environment, advancement of social conditions, and gradual transformation into an economic and monetary union.
The Single Market Of 1992: Implications For Banking And Investment Services In The Ec, Annabelle Ewing
The Single Market Of 1992: Implications For Banking And Investment Services In The Ec, Annabelle Ewing
UC Law SF International Law Review
The liberalization of the EC financial services sector is a key component of the 1992 Single Market Program. This Article discusses the two key measures in the banking and investment services sectors, the Second Banking Directive and the proposed Investment Services Directive.
The Community Charter Of The Fundamental Social Rights Of Workers, George M. Kraw
The Community Charter Of The Fundamental Social Rights Of Workers, George M. Kraw
UC Law SF International Law Review
On October 30, 1989, the European Community adopted the Community Charter of the Fundamental Social Rights of Workers. This Charter sets social standards which the Community, its Member States, and its businesses must maintain. The Charter protects all Community workers, benefits all its citizens, and is likely to have a political impact far beyond the Community's borders. This Article describes the Charter in detail and analyzes it in the context of current world events. The author calls for the recognition of the basic social protections embodied in the Charter as fundamental rights which should be guaranteed to all human beings.
The Impact Of 1992 On United States Export Control Laws, Giovanna M. Cinelli
The Impact Of 1992 On United States Export Control Laws, Giovanna M. Cinelli
UC Law SF International Law Review
United States export control laws govern the majority of trade in dual use and defense related items and services between the United States and its major trading partners. The present system requires licenses and reexport authorization for the goods which are traded. For several years, however, United States trading partners have objected to the reach of these laws and United States industry has complained of the competitive disadvantage to which these laws subject many international companies. The onset of the economic integration of Europe, an integration which will result in the world's largest market, has refocused United States congressional and …
Europe 1992 Removing Fiscal Barriers: The Unlikely Spectre Of Tax Harmonization, Thomas H. Gibson, Meryl A. Rains
Europe 1992 Removing Fiscal Barriers: The Unlikely Spectre Of Tax Harmonization, Thomas H. Gibson, Meryl A. Rains
UC Law SF International Law Review
This Article discusses the possible tax implications which may arise in the European Community as a result of implementing the 1992 initiatives. The Article provides a summary of the existing tax systems (both direct and indirect) which are currently in place in each of the Member States. The diversity of tax systems illustrated by this summary underscores the difficulties in achieving tax harmonization.
Enforcement Of Human Rights Standards: An International Human Rights Court And Other Proposals, Nanette Dumas
Enforcement Of Human Rights Standards: An International Human Rights Court And Other Proposals, Nanette Dumas
UC Law SF International Law Review
Anyone who is outraged on hearing accounts of torture, genocide, or other human rights violations also is inevitably frustrated by the international community's helplessness in its inability to right these wrongs. This Note supports the establishment of an international human rights court and proposes that the court be divided into criminal and civil sections. The criminal court would prosecute human rights violations, and the civil court would provide a forum for individual victims and their families to sue and collect damages. In the absence of a comprehensive solution to human rights violations, such as a human rights court, this Note …
The Current Status Of Mercenaries In The Law Of Armed Conflict, Edward Kwakwa
The Current Status Of Mercenaries In The Law Of Armed Conflict, Edward Kwakwa
UC Law SF International Law Review
Mercenaries have existed since the earliest recorded armed conflict. However, recent trends in the conduct of armed conflict have raised questions over the problem of mercenaries and their status in the laws of war. The Article discusses some of the problems encountered in attempts to regulate the incidence of mercenarism and the norms of international law that govern the treatment of mercenaries in armed conflict.
Korean Air Lines: The Future Interpretation Of Executive And Engage In Friendship, Commerce And Navigation Treaties, Lairold M. Street
Korean Air Lines: The Future Interpretation Of Executive And Engage In Friendship, Commerce And Navigation Treaties, Lairold M. Street
UC Law SF International Law Review
The increased presence of foreign-owned corporations operating under Friendship, Commerce and Navigation Treaties (FCN) and recent U.S. litigation involving these treaties has affected the employment of American citizens and foreign nationals in the United States. Sumitomo Shoji America, Inc. v. Avagliano and Korean Air Lines v. MacNamara focused attention on the importance of this issue. How U.S. courts interpret specific provisions of such treaties will have a significant impact on employment practices of some foreign-owned companies. This Article examines four U.S. laws-the Immigration and Naturalization, Fair Labor Standards, Age Discrimination in Employment, and Bankruptcy Acts; and -the International Labor Organization's …
Report Of The Icj Mission Of Inquiry Into The Israeli Military Court System In The Occupied West Bank And Gaza, Jordan J. Paust, Gerhard Von Glahn, Gunter Woratsch
Report Of The Icj Mission Of Inquiry Into The Israeli Military Court System In The Occupied West Bank And Gaza, Jordan J. Paust, Gerhard Von Glahn, Gunter Woratsch
UC Law SF International Law Review
The International Commission of Jurists, concerned about the workings of the military justice system in the West Bank and Gaza, sent three distinguished international lawyers to undertake an investigative mission in June and July 1989. As a result of this mission, they prepared a fair and objective factual report. The Report focuses on concerns regarding continuing reports of mistreatment and torture of suspects during interrogation, the inability of defense attorneys to visit their clients, and inadequate charges. The Report also contains numerous recommendations on topics such as improving the treatment of arrested persons, sentencing on guilty pleas, and family visits.
Intramilitary Tort Immunity: A Comparison Of The United States And Great Britain, Jennifer Beckett
Intramilitary Tort Immunity: A Comparison Of The United States And Great Britain, Jennifer Beckett
UC Law SF International Law Review
Great Britain recently eliminated the military exception to the Crown Proceedings Act of 1947. The United States, by comparison, adheres to the Feres doctrine, the judicially created exception to the Federal Tort Claims Act. This note examines the rationales for prohibiting service members from suing under a nation's tort claims act, and the reasons why Parliament decided in 1987 to allow British military personnel to sue under the Crown Proceedings Act. The Note concludes with a discussion of why Congress should follow Britain's lead and abolish the Feres doctrine.
The Basel Convention: Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal, Kathleen Howard
The Basel Convention: Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal, Kathleen Howard
UC Law SF International Law Review
Serious accidents compromising the environment and human health in developing nations are the result of increased hazardous waste exports. Domestic environmental legislation has failed to control these unchecked exports. The controversial Basel Convention offers a workable solution to slow hazardous waste export and to minimize waste production. This Note analyzes the Basel Convention's provisions and the positions of those opposed to them. The Note then compares the Convention to existing legislation in the United States and proposes modification and adoption of the Convention as a solution to the increasingly dangerous problem of inadequate waste disposal and international hazardous waste exports.
The Impact Of European Community Antitrust Law On United States Companies, William Brown
The Impact Of European Community Antitrust Law On United States Companies, William Brown
UC Law SF International Law Review
This Article examines two developments which have made EC competition (or anti-trust) law increasingly important to non- EC companies. First, the European Court's ruling in the Woodpulp case has confirmed the Commission's jurisdiction to apply EC competition law to companies whose agreements or practices affect competition within the Community, even where those companies are based outside, and have no place of business within, the Community. The Article examines the implications of the judgment. Secondly, in preparation for 1992, more and more non-EC companies are acquiring shareholdings in, or forming joint ventures with, EC companies, and competition law has an important …
Confronting Nuclear Terrorism, Louis Rene Beres
Confronting Nuclear Terrorism, Louis Rene Beres
UC Law SF International Law Review
During the next several years, terrorist groups may resort to the insurgent use of nuclear explosives or radioactivity. Faced with this fearful prospect, the United States should now plan for optimal risk-reduction within the settled jurisprudential standards of international law. This paper, therefore, advises government leaders to fully understand the difference between lawful and unlawful insurgencies; to "harden the target" of nuclear materials, weapons, and reactors; and to implement an appropriate "behavioral" strategy of counter-nuclear terrorism. As the risk of nuclear terrorism has transnational implications, like-minded governments are also offered particular patterns of cooperation that involve, inter alia, support for …
Chan V. Korean Air Lines, Ltd.: The United States Supreme Court Eliminates The American Rule To The Warsaw Convention, Larry Moore
Chan V. Korean Air Lines, Ltd.: The United States Supreme Court Eliminates The American Rule To The Warsaw Convention, Larry Moore
UC Law SF International Law Review
This Article reviews the effect of the Supreme Court decision in Chan v. Korean Air Lines which restricted the legal techniques used in the United States to overcome the recovery limits on personal injury claims in airline disasters. The Article looks at the history of the Warsaw Convention, the rules which American courts developed over the years to circumvent the Convention, and the possible international, political consequences of this decision.
Getting Left Behind: The Impact Of The 1986 Immigration Reform And Control Act Amnesty Program On Single Women With Children, Diane M. Bessette
Getting Left Behind: The Impact Of The 1986 Immigration Reform And Control Act Amnesty Program On Single Women With Children, Diane M. Bessette
UC Law SF International Law Review
After ten years of debate about immigration law reform, the United States Congress passed the Immigration Reform and Control Act of 1986 (IRCA). The IRCA includes a section offering amnesty, or legal residence status, to undocumented persons who can establish actual residence in the United States since 1982. This Note examines one aspect of the amnesty application process, the public charge exclusion, and its impact on single women with children. The first section explains the challenges faced by single immigrant women with children through the story of one woman who applied for the IRCA amnesty. The Note then reviews the …
Recognition Of The African National Congress And The Apartheid Government A Proposal For The United States, Kirsten Spalding Brubeck
Recognition Of The African National Congress And The Apartheid Government A Proposal For The United States, Kirsten Spalding Brubeck
UC Law SF International Law Review
On February 2, 1990, South African President F.W. de Klerk unbanned the African National Congress (ANC), a political party which had been working in exile for thirty years. A week later he released jailed ANC leader Nelson Mandela. As the South African government concedes that the African National Congress has a role to play in South Africa, the United States should re-evaluate its relationship with both the apartheid government and the African National Congress. This Note examines the law of recognition which should govern United States diplomatic relations. It suggests that the United States should derecognize the South African government …
The New German Product Liability Act, Heinz J. Dielmann
The New German Product Liability Act, Heinz J. Dielmann
UC Law SF International Law Review
On July 25, 1985, the Council of the European Community adopted the Council Directive on the Approximation of Laws, Regulations, and Administrative Provisions of the Member States Concerning Liability for Defective Products. The Directive has a dual purpose: to reconcile the product liability laws of the Member States of the EC, and to improve free trade within the EC. This Article describes the German Product Liability Act that was passed in response to the Directive, and how the Act fits in with the overall scheme of Community law. The Article also briefly describes the status of product liability legislation in …
The Ec Merger Control Regulation, Philippe De Smedt, Georges Vandersanden
The Ec Merger Control Regulation, Philippe De Smedt, Georges Vandersanden
UC Law SF International Law Review
The Merger Control Regulation of the European Communities was formally adopted by the EC Council on December 21, 1989. This ended many months of speculation as to the prospects of its final adoption, as well as to its final form. This Article does not represent an exhaustive analysis of the Regulation, but confines itself to outlining the history of merger control in the EC, describing the more important elements of the Regulation and concluding by noting some of the more interesting questions raised by it.
Disparity In The Application Of Legal Principles As A Form Of Trade Restraint: Attorney-Client Privilege In The European Community, Dan R. Mastromarco
Disparity In The Application Of Legal Principles As A Form Of Trade Restraint: Attorney-Client Privilege In The European Community, Dan R. Mastromarco
UC Law SF International Law Review
This Article briefly describes the origin of the Community confidentiality standard, emphasizing the disparate treatment accorded EC and non-EC attorneys. It discusses the nature of the American attorney-client privilege and the rationale for the privilege; it also explores the inherent problems presented in the EC position. The Article concludes by criticizing the decisions in the AM&S and Deere cases for going against the underlying spirit of the EC through the disparate application of legal principles.
The Emerging European Community: A Framework For Institutional And Legal Analysis, Martin E. Elling
The Emerging European Community: A Framework For Institutional And Legal Analysis, Martin E. Elling
UC Law SF International Law Review
The European Community is not just a common market but rather a nascent political union. Facile comparisons between the institutions of the EC and the United States are insufficient and miss the point that the EC is developing a hybrid institutional and legal framework. It is crucial that political, economic, and legal actors understand the subtleties of how the EC functions, its aspirations for 1992 and beyond, and the likely changes to be wrought by the decay of Soviet hegemony in Eastern Europe.
Protections Against Hiv-Based Employment Discrimination In The United States And Australia, Georgeana K. Roussos
Protections Against Hiv-Based Employment Discrimination In The United States And Australia, Georgeana K. Roussos
UC Law SF International Law Review
Much fear and ignorance surround AIDS and other stages of HIV infection. The United States and Australia are representative of many countries where anxieties have given rise to discrimination against individuals with HIV infection. HIV-based employment discrimination is a particularly invidious form of discrimination, robbing individuals of capital and other resources when they are needed most to fight a demoralizing and expensive disease. This Note examines the development of employment law protecting the rights of individuals with HIV disorders from disability-based discrimination. After an initial discussion of the disease's characteristics and its incidence, this Note analyzes the status of the …
The Child Care Tax Credit: An Investment In The Future, Laurie E. Sherwood
The Child Care Tax Credit: An Investment In The Future, Laurie E. Sherwood
UC Law SF International Law Review
The future of the United States lies in one of its most important resources: its children. Child care plays a key role in the development of this resource. However, we face a child care crisis in the United States: both in terms of costs and quality. This Note, in an effort to address the high costs of child care, discusses the Child Care Tax Credit in the United States, a federal program designed to provide tax relief for working parents who incur child care expenses. A discussion of the Canadian tax approach to child care expenses and a comparison of …