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Comparative and Foreign Law

Journal

2001

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Articles 31 - 60 of 172

Full-Text Articles in Law

Japan's New Patent Attorney Law Breaches Barrier Between The "Legal" And "Quasi-Legal" Professions: Integrity Of Japanese Patent Practice At Risk?, Lee Rousso May 2001

Japan's New Patent Attorney Law Breaches Barrier Between The "Legal" And "Quasi-Legal" Professions: Integrity Of Japanese Patent Practice At Risk?, Lee Rousso

Washington International Law Journal

In order to increase the quantity of intellectual property related legal services made available to the public, the Japanese Diet enacted a complete revision of Japan's eighty-year-old Patent Attorney Law. Under the terms of the new law, which became effective on January 6, 2001, benrishi (patent attorneys) have authority to greatly expand their range of professional activities. The newly recognized activities encroach upon the statutory monopoly long enjoyed by Japan's bengoshi (attorneys). Furthermore, the new legislation gives the benrishi a professional domain that is inconsistent with the profession's credential requirements. This Comment argues that the revision is likely to have …


Religious Freedom: Russian Constitutional Principles-Historical And Contemporary, Nikolas K. Gvosdev May 2001

Religious Freedom: Russian Constitutional Principles-Historical And Contemporary, Nikolas K. Gvosdev

BYU Law Review

No abstract provided.


An Attempt At Modernization: The New Bulgarian Legislation In The Field Of Religious Freedom, Atanas Krussteff May 2001

An Attempt At Modernization: The New Bulgarian Legislation In The Field Of Religious Freedom, Atanas Krussteff

BYU Law Review

No abstract provided.


Islam In Russia Under The Federal Law On Freedom Of Conscience And On Religious Associations: Official Tolerance In An Intolerant Society, R. Christopher Preston May 2001

Islam In Russia Under The Federal Law On Freedom Of Conscience And On Religious Associations: Official Tolerance In An Intolerant Society, R. Christopher Preston

BYU Law Review

No abstract provided.


Religious Freedom In Germany, Gerhard Robbers May 2001

Religious Freedom In Germany, Gerhard Robbers

BYU Law Review

No abstract provided.


The Religious Freedom And Legal Status Of Churches, Religious Organizations, And New Religious Movements In The Slovak Republic, Martin Dojcar May 2001

The Religious Freedom And Legal Status Of Churches, Religious Organizations, And New Religious Movements In The Slovak Republic, Martin Dojcar

BYU Law Review

No abstract provided.


Religious Freedom And Legislation In Post-Soviet Estonia, Ringo Ringvee May 2001

Religious Freedom And Legislation In Post-Soviet Estonia, Ringo Ringvee

BYU Law Review

No abstract provided.


Freedom Of Religion In The Case Law Of The Spanish Constitutional Court, Javier Martinez-Torron May 2001

Freedom Of Religion In The Case Law Of The Spanish Constitutional Court, Javier Martinez-Torron

BYU Law Review

No abstract provided.


Perspectives On Religious Freedom In Spain, Jose Antonio Souto Paz May 2001

Perspectives On Religious Freedom In Spain, Jose Antonio Souto Paz

BYU Law Review

No abstract provided.


The Icon And The Tracts: A Restrained Renaissance Of Religious Liberty In Ukraine, John Moroz Smith May 2001

The Icon And The Tracts: A Restrained Renaissance Of Religious Liberty In Ukraine, John Moroz Smith

BYU Law Review

No abstract provided.


The Courts And Legislation: Anglo-American Contrasts (George P. Smith, Ii, Distinguished Professorship-Chair Of Law), Sir David Williams David Q. C. Apr 2001

The Courts And Legislation: Anglo-American Contrasts (George P. Smith, Ii, Distinguished Professorship-Chair Of Law), Sir David Williams David Q. C.

Indiana Journal of Global Legal Studies

On April 12, 2000, Sir David Williams delivered the following lecture at the Indiana School of Law-Bloomington in accordance with The George P. Smith, II, Distinguished Visiting Professorship-Chair of Law and Legal Research endowment. The Chair was established by George P. Smith to broaden students' exposure to scholars and judges of national and international reputation and to allow distinguished visiting scholars the opportunity to do research at Indiana University and share their ideas with the faculty and students of the Indiana University School of Law and Indiana University. George P. Smith, an Indiana native, received his B.S. degree in business, …


Paraguay's Archive Of Terror: International Cooperation And Operation Condor, Katie Zoglin Apr 2001

Paraguay's Archive Of Terror: International Cooperation And Operation Condor, Katie Zoglin

University of Miami Inter-American Law Review

No abstract provided.


Select Provisions Of The Commercial Maritime Code Of The Russian Federation, William Honea Mar 2001

Select Provisions Of The Commercial Maritime Code Of The Russian Federation, William Honea

Washington International Law Journal

The Commercial Maritime Code of the Russian Federation (RMC) entered into force on April 30, 1999. The RMC is a far-reaching and progressive document that seeks to provide a framework for all commercial maritime activities within Russia. The RMC uses the language of the 1982 United Nations Convention on the Law of the Sea, and implements treaties and agreements including those that cover oil pollution, vessel arrest, and competency standards for seafarers. It occupies the field of Russian maritime law, specifically replacing a long list of inherited Soviet laws. It regulates the movement of goods at sea, many common aspects …


International Judicial Practice And The Written Form Requirement For International Arbitration Agreements, Jing Wang Mar 2001

International Judicial Practice And The Written Form Requirement For International Arbitration Agreements, Jing Wang

Washington International Law Journal

The requirement that international commercial arbitration agreements must be made in writing is well accepted in most countries and has become a uniform practice in international commercial arbitration law. This is due in large part to the widespread acceptance of the Convention on Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"). Article II (1) provides that "each Contracting State shall recognize an agreement in writing." The term "agreement in writing" is defined in Article 11 (2) of the Convention as "an arbitral clause in a contract or an arbitration agreement, signed by the parties or contained in an …


Gender Equality And Women's Issues In Vietnam: The Vietnamese Woman—Warrior And Poet, Wendy N. Duong Mar 2001

Gender Equality And Women's Issues In Vietnam: The Vietnamese Woman—Warrior And Poet, Wendy N. Duong

Washington International Law Journal

Exploration of women's issues in Vietnam strengthens the emerging voice of the "exotic other female" in contemporary international feminist discourse. Any women's movement in Vietnam today must be cast as the revitalization of the Vietnamese woman's collective cultural identity, rather than as a Western imported feminist doctrine. The Vietnamese woman's collective cultural identity is based on the history and cultural folklores of Vietnam, including expressions of feminist ideas in law and literature, and a long history of warfare and collective sufferings, wherein women have been seen as martyrs, national treasures, and laborers in war and in peace. The advocacy of …


An Outsider's View Of China's Insider Trading Law, Charles Zhen Qu Mar 2001

An Outsider's View Of China's Insider Trading Law, Charles Zhen Qu

Washington International Law Journal

China's insider trading law can be found in the country's first unified securities industry law, Securities Law of the People's Republic of China, which came into force on July 1, 1999. The provisions of this law relating to insider trading, however, do not seem to help achieve the legislative purpose of the Securities Law, namely, to protect the interest of investors and promote the development of a socialist economy. The inadequacy of the current regime lies in the overly narrow definitions of "insider" and "inside information," the lack of workability of civil liability provisions, and the failure of China's Securities …


Falun Gong: An Analysis Of China's National Security Concerns, Kelly A. Thomas Mar 2001

Falun Gong: An Analysis Of China's National Security Concerns, Kelly A. Thomas

Washington International Law Journal

The Chinese government's brutal crackdown on the Falun Gong spiritual movement stands in marked contrast to its recent acknowledgement of its need to improve its human rights record and repeated avowals to take the legal steps necessary to conform with international human rights treaties. China's leadership has attempted to justify the crackdown, citing both historical reasons and national security concerns. Analysis of China's history demonstrates that repression of anti-government groups has only hardened their resistance. Similarly, the campaign against Falun Gong has failed to stop protests staged by the group's followers. In fact, Falun Gong's expressions of dissent have become …


At The Helm Of The Multidisciplinary Practice Issue After The Aba's Recommendation: States Finding Solutions By Taking Stock In European Harmonization To Preserve Their Sovereignty In Regulating The Legal Profession, Robert K. Christensen Mar 2001

At The Helm Of The Multidisciplinary Practice Issue After The Aba's Recommendation: States Finding Solutions By Taking Stock In European Harmonization To Preserve Their Sovereignty In Regulating The Legal Profession, Robert K. Christensen

BYU Law Review

No abstract provided.


Economics V. Equity Ii: The European Experience, Stephen M. Johnson Mar 2001

Economics V. Equity Ii: The European Experience, Stephen M. Johnson

Washington and Lee Law Review

No abstract provided.


Fighting Back Against The Taliban: The Case For Restoring Afghan Men And Women's Right To Self-Determination, Shannon A. Wiley Feb 2001

Fighting Back Against The Taliban: The Case For Restoring Afghan Men And Women's Right To Self-Determination, Shannon A. Wiley

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Text Of Remarks On Panel: Codes Of Conduct And Transparency, Cynthia Williams Jan 2001

Text Of Remarks On Panel: Codes Of Conduct And Transparency, Cynthia Williams

UC Law SF International Law Review

No abstract provided.


A First Look At The Interim Merits Award In S.D. Myers, Inc. V. Canada: It Is Possible To Balance Legitimate Environmental Concerns With Investment Protection, Todd Weiler Jan 2001

A First Look At The Interim Merits Award In S.D. Myers, Inc. V. Canada: It Is Possible To Balance Legitimate Environmental Concerns With Investment Protection, Todd Weiler

UC Law SF International Law Review

This Article is a response to Joseph de Pencier's paper Investment, Environment and Dispute Settlement: Arbitration Under NAFTA Chapter Eleven in issue 23:3-4 of this journal. This reply is based upon the author's experience as counsel for the investor in S.D. Myers, Inc. v. Canada (Myers) and similar cases.

This Article provides a critical commentary on various elements of Mr. de Pencier's paper that deal with the Myers claim. It provides some tentative suggestions on how the substantive provisions of NAFTA Chapter 11 might be interpreted in future cases where investment protection and environmental protection appear to be at odds.


The Internet Content Rating Association: The Way To Patrol The Internet Highway, Carrie Lam Jan 2001

The Internet Content Rating Association: The Way To Patrol The Internet Highway, Carrie Lam

UC Law SF International Law Review

The Internet makes information easily accessible and allows people all over the world to research and telecommute from the comforts of their own homes. However, such unlimited access is a double-edged sword. Problematic information that is accessible to anyone with a computer and a modem, such as sexually explicit material, can also be found on the Internet.

This Note examines the conflict between protecting children online and protecting free speech. A comparison is made between the United States' attempts at solutions through the Communications Decency Act and the Child Online Protection Act, and the new international and self-regulatory approach of …


Ryousai Kenbo Revisited: The Future Of Gender Equality In Japan After The 1997 Equal Employment Opportunity Law, Robert Larsen Jan 2001

Ryousai Kenbo Revisited: The Future Of Gender Equality In Japan After The 1997 Equal Employment Opportunity Law, Robert Larsen

UC Law SF International Law Review

In 1985 amid international and domestic pressure, Japan enacted the Equal Employment Opportunity Law (EEOL). Many viewed it as an era of change, one that would see Japanese women rise to equality with male co-workers. However, equal employment never materialized. Historical context and the experience of the 1985 EEOL provide insights into the future of gender equality in Japan.

This Note provides a brief description of the Japanese corporate world and a historical context of women in Japanese society. It identifies pressures, both domestic and international, that Japan faced prior to 1985 that led up to the EEOL. The 1985 …


Two Observations On Holocaust Claims, William W. Bratton Jan 2001

Two Observations On Holocaust Claims, William W. Bratton

UC Law SF International Law Review

No abstract provided.


U.S. Jurisdiction Over Conflicts Arising Outside Of The United States: Some Hegemonic Implications, Ugo Mattei, Jeffrey Lena Jan 2001

U.S. Jurisdiction Over Conflicts Arising Outside Of The United States: Some Hegemonic Implications, Ugo Mattei, Jeffrey Lena

UC Law SF International Law Review

No abstract provided.


Corporate Liability: Enforcing Human Rights Through Domestic Litigation, Beth Stephens Jan 2001

Corporate Liability: Enforcing Human Rights Through Domestic Litigation, Beth Stephens

UC Law SF International Law Review

No abstract provided.


Securing Transnational Corporate Accountability Through National Courts: Implications And Policy Options, Halina Ward Jan 2001

Securing Transnational Corporate Accountability Through National Courts: Implications And Policy Options, Halina Ward

UC Law SF International Law Review

No abstract provided.


Indigenous Rights And Multinational Corporations At International Law, Patrick Macklem Jan 2001

Indigenous Rights And Multinational Corporations At International Law, Patrick Macklem

UC Law SF International Law Review

No abstract provided.


Text Of Remarks On Panel: Indigenous Peoples, Environmental Torts And Cultural Genocide, Richard Herz Jan 2001

Text Of Remarks On Panel: Indigenous Peoples, Environmental Torts And Cultural Genocide, Richard Herz

UC Law SF International Law Review

No abstract provided.