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Articles 31 - 60 of 93
Full-Text Articles in Law
Judicial Review Of Administrative Actions In Japan, Ichiro Ogawa
Judicial Review Of Administrative Actions In Japan, Ichiro Ogawa
Washington Law Review
The reform of administrative litigation under the new Constitution involves a shift from an "administrative state" to a "judicial state." This does not mean, however, that the system of administrative litigation is now the same as the system in the Anglo-American "judicial state." The distinction between public and private law is still maintained in Japan, and "administrative acts" (Gyosei-koi) are regulated by principles of public law quite different from rules applicable to private persons.
The Public Welfare Standard And Freedom Of Expression In Japan, Lawrence W. Beer
The Public Welfare Standard And Freedom Of Expression In Japan, Lawrence W. Beer
Washington Law Review
This article analyzes the constitutional right of free expression, exercised by political demonstrations, in the political context of contemporary Japan, where consensus among political parties on the constitutional framework itself is lacking. The Japanese people possess an unusually strong sense of cultural unity, and strong emphasis is placed on harmony and consensus in social relations. On the other hand, the excesses and strident tone of many mass demonstrations strikingly illustrate the absence of consensus between groups and the pervasive tendency toward "groupism" which distinguish the Japanese from the American political setting. Although the sociopolitical tensions may have become great in …
Some Japanese Far-Sea Fisheries, Fukuzo Nagasaki
Some Japanese Far-Sea Fisheries, Fukuzo Nagasaki
Washington Law Review
This paper briefly describes some of the Japanese far-sea fisheries in the Pacific Ocean which are now of international concern. This includes some of the Japanese salmon fisheries (including some classified in the off-shore fishery), the kingcrab fishery and the bottomfish fishery in the northern North Pacific, and the tuna fishery in the Pacific Ocean. Brief remarks are also made on recent conditions of the major stocks.
Economic And Legal Aspects Of Japanese Fisheries Regulation And Control, Salvatore Comitini
Economic And Legal Aspects Of Japanese Fisheries Regulation And Control, Salvatore Comitini
Washington Law Review
Japan is unique among the so-called free-market economies in that over 85 percent of all fishing operations is regulated and controlled by law. This distinguishing characteristic of Japanese fishing operations has led some observers to infer that it may be the most signficant factor in the seemingly "comparative advantage" which Japan enjoys over Western nations in high seas fishing. However, the regulations, as they have developed, are not as rigidly imposed and inflexible as those under a centrally planned economy such as that of the Soviet Union. Nor are the regulations quite as limited—in the economic sense of that term—as …
Some Japanese Far-Sea Fisheries, Fukuzo Nagasaki
Some Japanese Far-Sea Fisheries, Fukuzo Nagasaki
Washington Law Review
This paper briefly describes some of the Japanese far-sea fisheries in the Pacific Ocean which are now of international concern. This includes some of the Japanese salmon fisheries (including some classified in the off-shore fishery), the kingcrab fishery and the bottomfish fishery in the northern North Pacific, and the tuna fishery in the Pacific Ocean. Brief remarks are also made on recent conditions of the major stocks.
Economic And Legal Aspects Of Japanese Fisheries Regulation And Control, Salvatore Comitini
Economic And Legal Aspects Of Japanese Fisheries Regulation And Control, Salvatore Comitini
Washington Law Review
Japan is unique among the so-called free-market economies in that over 85 percent of all fishing operations is regulated and controlled by law. This distinguishing characteristic of Japanese fishing operations has led some observers to infer that it may be the most signficant factor in the seemingly "comparative advantage" which Japan enjoys over Western nations in high seas fishing. However, the regulations, as they have developed, are not as rigidly imposed and inflexible as those under a centrally planned economy such as that of the Soviet Union. Nor are the regulations quite as limited—in the economic sense of that term—as …
Increasing The Flow Of Private Funds To The Underdeveloped Countries: A Proposal, Paul M. Goldberg
Increasing The Flow Of Private Funds To The Underdeveloped Countries: A Proposal, Paul M. Goldberg
Washington Law Review
If the underdeveloped nations of the world are to achieve their goal of a substantial increase in their standards of living, they must import private capital. Foreign investors, however, have recently shown a reluctance to invest abroad because of the increasing risk of uncompensated expropriation of their property. Several current proposals seek to reduce this risk by limiting the power of states to acquire alien property. This approach appears to be ineffective because of the reluctance of the underdeveloped nations to agree to abide by foreign standards of property treatment. After outlining the nature of the problem and analyzing the …
Land Reform In Latin America: How To Have A Revolution Without A Revolution, Roy L. Prosterman
Land Reform In Latin America: How To Have A Revolution Without A Revolution, Roy L. Prosterman
Washington Law Review
It is almost universally recognized that land reform in Latin America is of vital interest to all of the countries of the hemisphere, and that it is long overdue. The degree of concentration of landholdings in the great estates (the latifundios) is astonishing: in Brazil, it appears that 1.5 per cent of all landholdings account for over 48 per cent of the farm area; in Chile, 1.4 per cent of holdings account for over 68 per cent of the farm area; in Ecuador, 0.17 per cent of holdings account for 37 per cent of the farm land; in Venezuela, 1.69 …
Philippine Labor Law—A Survey [Part 2], Perfecto Fernandez
Philippine Labor Law—A Survey [Part 2], Perfecto Fernandez
Washington Law Review
There are four basic categories of employer misconduct which the Industrial Peace Act (hereinafter referred to as the "act") labels as unfair labor practices. The first is a very broad category; it includes interference, restraint or coercion of employees with respect to their right to organize. The other three refer to particular types of conduct: (1) requiring "yellow dog" contracts; (2) company unionism; (3) discriminatory practices affecting employment which encourage or discourage membership in any labor organization,"' or prejudicial acts committed against an employee for having filed charges, testified, or for being about to testify under the act.
The Common Agricultural Policy: Crisis In The Common Market, Roland L. Hjorth
The Common Agricultural Policy: Crisis In The Common Market, Roland L. Hjorth
Washington Law Review
The future of this common agricultural policy, as well as that of the European Economic Community itself, however, has been made somewhat uncertain by France's decree, on July 1, 1965, of a "temporary boycott" of the meetings of the Council of Ministers of the Community due to a failure to agree upon the method of financing the Community's agricultural policy. This boycott may well have "triggered the most serious crisis in the bloc's seven year history," because the dispute is thought by some to be a mere symptom of a more fundamental conflict between France and her Common Market partners. …
National Tax Administration In The Philippines, Elias E. Vega, Ralph B. Short
National Tax Administration In The Philippines, Elias E. Vega, Ralph B. Short
Washington Law Review
On August 1, 1964, the Philippine Bureau of Internal Revenue held a picnic in Taytay, Rizal Province, attended by more than 2,000 persons, to celebrate the 60th anniversary of its founding. The Philippine Bureau of Internal Revenue was organized on August 1, 1904, some six years after the Philippines came under the control of the United States. Its present complement of approximately 6,000 employees administers a variety of National Government taxes and can claim credit for providing roughly sixty per cent of total National Government revenues.
Administrative Law And The Public Law Environment Of The Philippines, Cornelius J. Peck
Administrative Law And The Public Law Environment Of The Philippines, Cornelius J. Peck
Washington Law Review
The first view of administrative law and the administrative process in the Philippines is a familiar one to an American lawyer. Even the names of important agencies are the same as, or very similar to, the names of important agencies of the United States government. Thus, there is a Securities and Exchange Commission, a Civil Aeronautics Administration, a Philippine Patent Office, a Food and Drug Administration, a Bureau of Internal Revenue, a Bureau of Immigration, and a Bureau of Customs. Some departmental names are also familiar: Justice, Agriculture and Natural Resources, Commerce and Industry, and Labor. And, though many of …
The Philippines And The United States: Problems Of Partnership, By George E. Taylor (1964), Ben Cashman
The Philippines And The United States: Problems Of Partnership, By George E. Taylor (1964), Ben Cashman
Washington Law Review
No abstract provided.
Minobe Tatsukichi: Interpreter Of Constitutionalism In Japan, By Frank O. Miller, John M. Maki
Minobe Tatsukichi: Interpreter Of Constitutionalism In Japan, By Frank O. Miller, John M. Maki
Washington Law Review
No abstract provided.
The Status Of American Interests In Philippine Natural Resources And Public Utilities—Anticipated Problems, Irene R. Cortes
The Status Of American Interests In Philippine Natural Resources And Public Utilities—Anticipated Problems, Irene R. Cortes
Washington Law Review
The relations which have developed between the Philippines and the United States during more than sixty years of close association have been variously described as "unique,"' "peculiar," ' and "special." The most unusual relations are those created by an amendment to the Philippine Constitution extending to citizens and corporations of the United States, for a period of twenty-eight years, equal rights with Filipino citizens and corporations in the exploration, development, and utilization of natural resources and the operation of public utilities. Parity rights, as this grant is popularly called, were the subject of bitter controversy in the Philippines when proposed …
An Appraisal Of The United States—Philippines' Special Relationship, Carl F. Salans, Murray J. Belman
An Appraisal Of The United States—Philippines' Special Relationship, Carl F. Salans, Murray J. Belman
Washington Law Review
Since 1898, when the United States acquired possession of the Philippines from Spain, both sides have characterized relations with the other as "special." As with other characterizations of this type, "special relationship" has meant different things at different times. This article will attempt to chip away some of the encrustation that has accumulated upon this term over the years, at least in the economic sphere, and to see what this special economic relationship should mean in the world of the mid-1960's. In the early period of United States administration of the Philippines, the special relationship could perhaps be said to …
Foreword [To Philippine Symposium], George E. Taylor
Foreword [To Philippine Symposium], George E. Taylor
Washington Law Review
The essays in this symposium bring out two themes—the relation of the American model to the substance and practice of law in the Philippines and the influence of the spirit of nationalism. Neither can be fully understood without reference to the past, for both have been fundamentally affected by the half century of American occupation. The substance of the law clearly owes most to the American model although Spanish civil law was not, in certain important areas, discarded. The Constitution of 1936, drawn up by an elected convention under the chairmanship of the late Senator Claro Recto, strongly reflects the …
Business Organizations In The Philippines, Sulpicio Guevara
Business Organizations In The Philippines, Sulpicio Guevara
Washington Law Review
The Philippines is a developing nation, but development has not been as rapid as in other countries devastated by the last world war. Consequently, it is the avowed policy of the Philippines to attract foreign capital and investments, preferably under "joint-business ventures" with Filipino capitalists and entrepreneurs. The greatest deterrent to foreign investment in the Philippines was the foreign exchange controls instituted in 1949 to protect the country's deteriorating foreign exchange international reserve. However, the Central Bank of the Philippines abolished controls on foreign exchange, and business in the Philippines is now operating under a climate of comparative free enterprise.
Secured Transactions In The Philippines, Estelito P. Mendoza
Secured Transactions In The Philippines, Estelito P. Mendoza
Washington Law Review
Philippine law on secured transactions is primarily statutory. Special laws dealing with chattel mortgages have been in effect since August 1, 1906. Title XV of the Philippine Civil Code deals with guaranty transactions and title XVI covers pledges and mortgages, with its major emphasis on pledges. The Chattel Mortgage Law was enacted by the Philippine Commission and is, thus, American in nature, while the Civil Code provisions are largely Spanish in origin.
Tax Consequences Of Doing Business In The Philippines, Ricardo J. Romulo
Tax Consequences Of Doing Business In The Philippines, Ricardo J. Romulo
Washington Law Review
The impact of the Philippine system of taxation is of great importance to American investors and businessmen. According to the American Chamber of Commerce of the Philippines, the total direct United States investment in the Philippines at the end of 1963 was 415 million dollars and of this amount 110 million dollars are invested in manufacturing. Consequently, the aim of this Article, after briefly tracing the history of Philippine tax laws, is to present a thorough but concise discussion of the tax consequences of establishing and operating a business, with emphasis on American owned or controlled corporations, in the Philippines.
Philippine Labor Law—A Survey, Perfecto Fernandez
Philippine Labor Law—A Survey, Perfecto Fernandez
Washington Law Review
No abstract provided.
Law In Japana: The Legal Order In A Changing Society, Edited By Arthur T. Von Mehren (1963), Harold G. Wren
Law In Japana: The Legal Order In A Changing Society, Edited By Arthur T. Von Mehren (1963), Harold G. Wren
Washington Law Review
No abstract provided.
American-Japanese Private International Law, By Albert A. Ehrenzweig, Sueo Ikehara, And Norman Jensen (1964), David S. Stern
American-Japanese Private International Law, By Albert A. Ehrenzweig, Sueo Ikehara, And Norman Jensen (1964), David S. Stern
Washington Law Review
No abstract provided.
The Protection In Japan Of Inventions By Employees During The Course Of Their Employment, Bunzo Takino, Ward M. French
The Protection In Japan Of Inventions By Employees During The Course Of Their Employment, Bunzo Takino, Ward M. French
Washington Law Review
This article will explain the principles involved in article 35 of the Patent Law of Japan, as revised in 1959, dealing with employee inventions in Japan. The history of the revisions which have produced the present article will be discussed, then an interpretation of article 35 will be made, and finally an analysis and criticism of this article through a comparison with foreign laws will be provided.
The Antimonopoly Law Of Japan And Its Enforcement, Michiko Ariga, Luvern V. Rieke
The Antimonopoly Law Of Japan And Its Enforcement, Michiko Ariga, Luvern V. Rieke
Washington Law Review
The Antimonopoly Law of Japan became effective in July 1947, less than two decades ago. The act was extravagantly endorsed by the U.S. occupation forces as a charter for the economic future of Japan. It was indeed a significant undertaking, designed to implant democratic practices where none had existed before, and it required basic, almost revolutionary, changes in the economic structure of the nation. Equally important was the circumstance that this law was neither sought nor desired by the Japanese. It was imposed upon a defeated people, a device entirely alien to the history and culture of those who were …
Introduction To U.S.-Japanese Investment, Dan Fenno Henderson
Introduction To U.S.-Japanese Investment, Dan Fenno Henderson
Washington Law Review
The legal environment for foreign investment in Japan has undergone sweeping changes in the past year, both in the Japanese domestic legislation and in the international law spheres. New international law commitments started with findings of the International Monetary Fund (IMF) about a year and a half ago that Japanese economic conditions warranted a relaxation of foreign exchange controls, and after the necessary adjustments, on March 12, 1964, Japan arranged to shift her IMF status from an Article XIV country to an Article VIII country, meaning essentially that thereafter her foreign exchange budget was abolished and her current accounts (i.e., …
Alien Lawyers In The United States And Japan—A Comparative Study, Kaname Ohira, George Neff Stevens
Alien Lawyers In The United States And Japan—A Comparative Study, Kaname Ohira, George Neff Stevens
Washington Law Review
The steadily increasing economic and social contacts between Japan and the United States are illustrative of a development which has brought lawyers and laymen of all countries face to face with the need for more adequate, and accurate, information about the laws of all countries. Since the lawyer is the fount to which the informed layman turns for legal advice, it would seem quite natural for such a layman, faced with a problem involving foreign law, either to seek advice from his own attorney, or to turn to an alien admitted to the bar of the country, the laws of …
Court And Constitution In Japan . . . Selected Supreme Court Decisions, 1948-60, By John M. Maki (1964), Alfred C. Oppler
Court And Constitution In Japan . . . Selected Supreme Court Decisions, 1948-60, By John M. Maki (1964), Alfred C. Oppler
Washington Law Review
No abstract provided.
Contract Problems In U.S.-Japanese Joint Ventures, Dan Fenno Henderson
Contract Problems In U.S.-Japanese Joint Ventures, Dan Fenno Henderson
Washington Law Review
U.S.-Japanese joint ventures are by far the most important form of direct foreign investment in Japan. For unlike most advanced governments elsewhere in the world, Japanese officialdom has, with precious few exceptions, denied validation under the Law Concerning Foreign Investment to all enterprises wholly-owned or even majority-owned by foreigners. Furthermore, it was basic Japanese policy not to validate even a minority equity in a Japanese enterprise unless the foreigner possessed essential technology which he would not make available to Japanese industry by straight patent or know-how licensing arrangements. Since before July 1963 validation only meant the right to repatriate capital …
Japanese Investment Trusts, Hiroo Mizushima, Howard L. Lund, Masao Sekiguchi
Japanese Investment Trusts, Hiroo Mizushima, Howard L. Lund, Masao Sekiguchi
Washington Law Review
Foreigners have been freely permitted to purchase shares of Japanese corporations since 1950, with the condition that the principal would not be freely remitted abroad. Until 1960 little attention was paid to this opportunity. The recent increase in foreign interest in Japanese equities has coincided with the easing of currency and exchange restrictions, particularly the shortening of the waiting period for the conversion of invested principal to the original currency of the investor. As of April 1, 1963, the waiting period was entirely eliminated, with the expectation of increased foreign investments. Because of the significant increase of foreign offerings in …