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Comparative and Foreign Law

1987

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Articles 31 - 60 of 82

Full-Text Articles in Law

Soviet And American Law On Religion: Freedom Of Conscience Versus Free Exercise, Ellen Ruth Hornstein Jan 1987

Soviet And American Law On Religion: Freedom Of Conscience Versus Free Exercise, Ellen Ruth Hornstein

UC Law SF International Law Review

The Soviet and American bodies of law on religion are similar in some respects, despite drastically different ideological and political foundations. This Article compares Soviet and American law on religion. It first compares the common law system used by the United States to the civil law system of the Soviet Union. It next examines the politics, ideologies and traditions underlying Soviet and American law on religion and provides a general look at the rights afforded to individuals. The discussion highlights the similarities and differences between Soviet constitutional guarantees and American first amendment rights. It points out that the texts of …

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A Primer Of United States Tax Considerations For The Foreign Investor, Nicholas S. Freud Jan 1987

A Primer Of United States Tax Considerations For The Foreign Investor, Nicholas S. Freud

UC Law SF International Law Review

The impact of the United States' Tax Reform Act of 1986 has been significant. The Act has created a favorable tax environment that may well stimulate increased foreign investment in the United States. This Article sets out the fundamentals of the income, estate, and gift taxation of nonresident alien individuals and their estates under the Act. The Article first provides an analysis of the question of residence, as taxation varies considerably depending upon an alien's classification. 'The author further discusses the applicable tax bases, withholding requirements, and planning considerations. Finally, the author concludes that the income tax rules generally encourage …

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Limits On Extremist Political Parties: A Comparison Of Israeli Jurisprudence With That Of The United States And West Germany, Dan Gordon Jan 1987

Limits On Extremist Political Parties: A Comparison Of Israeli Jurisprudence With That Of The United States And West Germany, Dan Gordon

UC Law SF International Law Review

In June 1984 an administrative body of the Israeli legislature voted to bar two parties from participating in the July 1984 parliament elections. The Committee banned the parties because they were "antistate" and "antidemocratic." In Naiman v. Chairman of the Central Elections Committee, the Israeli Supreme Court unanimously reversed the Committee and allowed both parties to run. This Article first discusses the background to the Naiman case and then considers in detail the separate opinions of the justices. The Article next summarizes the ways in which the United States and Germany (the only two states with comparable systems and significant …

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Good Business Sense: Changing Practices In The People's Republic Of China, Steven K. Hazen Jan 1987

Good Business Sense: Changing Practices In The People's Republic Of China, Steven K. Hazen

UC Law SF International Law Review

The past decade has been a period of expanding opportunities for foreign companies wishing to conduct business in the People's Republic of China. Nonetheless, many pitfalls remain for businesses unprepared to deal with the current legal, business, and social climates in China. This Article outlines some of the factors that should be considered by attorneys when planning business and negotiation strategies for foreign businesses. The author analyzes such issues as the amount of documentation required for commercial transactions, the effects of the Chinese bureaucracy, and the role of attorneys in negotiations. The author also discusses negotiation strategies, including the formation …

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Entering China Through The Sez Open Door, William N. Post Ii Jan 1987

Entering China Through The Sez Open Door, William N. Post Ii

UC Law SF International Law Review

One of the most important steps taken by the People's Republic of China in establishing its "open door" policy towards foreign businesses has been the establishment of four Special Economic Zones (SEZs). This Article outlines the objectives to be achieved through the SEZs, the extent to which these goals have been attained, and the advantages which accrue to foreign businesses by operating in SEZs. After enumerating the preferences available to foreign businesses that operate in the SEZs, the author describes the functions of the U.S. China Shantou Technology Trade Investment Resource, Ltd., which was established to facilitate entry into the …

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Licensing In China: Practical Considerations And Tax Implications, Arthur Ho Jan 1987

Licensing In China: Practical Considerations And Tax Implications, Arthur Ho

UC Law SF International Law Review

The opening of the People's Republic of China to foreign investors has provided significant benefits: China has received aid in its plan for economic modernization and foreign companies have discovered new opportunities for trade and investment. Foreign investments generally have taken one of two forms: equity joint ventures and cooperative joint ventures. This Article first explains and compares the workings of and tax rules applicable to these two forms of investment. The author then notes that, because of the emphasis of the Chinese on the transfer of technology, direct investment is often preceded by licensing agreements. The author provides practical …

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Regulation Of Insider Trading In Hong Kong, Jonathan M. Gafni Jan 1987

Regulation Of Insider Trading In Hong Kong, Jonathan M. Gafni

UC Law SF International Law Review

The growth of the Hong Kong securities market over the last twenty years has been marked by speculation, volatile securities prices, and widespread trading abuses. One important factor affecting the behavior of Hong Kong investors has been the flow of information to the market. For the most part, trading in the Colony is fed by rumors. The use of rumors in making investment decisions adversely affects the integrity of the market since most investors are unable to distinguish between rumors and facts. At the same time, a number of individuals have access to inside information because of their positions in …

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The Link Between Human Rights And Terrorism And Its Implications For The Law Of State Responsibility, Jordan J. Paust Jan 1987

The Link Between Human Rights And Terrorism And Its Implications For The Law Of State Responsibility, Jordan J. Paust

UC Law SF International Law Review

Traditional international law generally condemns acts of terrorism and violations of human rights. The United Nations also condemns such actions. This Article first examines the legal responsibility of all nations to respect and protect human rights within their borders. It then discusses the legal responsibility of all countries to protect human rights outside their own borders. Under both the United Nations Charter and general principles of customary international law, every state has a duty to refrain from assisting or even tolerating known terrorist activities. The author analyzes United States precedent and points out that this duty has been acknowledged by …

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Computer Technology Exports Under The Export Administration Amendments Act Of 1985: Taking Competitive Advantage Of China's Open Door, Sylvia R. Gill Jan 1987

Computer Technology Exports Under The Export Administration Amendments Act Of 1985: Taking Competitive Advantage Of China's Open Door, Sylvia R. Gill

UC Law SF International Law Review

The trade policy of the People's Republic of China encourages imports of computer technology from the United States. While this interest in its products should allow the United States to improve its balance of trade, exporters of computer technology are encountering barriers from American regulators which make it difficult to meet the Chinese demand. This Note examines the rules adopted by Congress and the Department of Commerce that have affected the competitive posture of American companies wishing to sell computer technology to China. The author focuses on the Export Administration Act of 1979 and the 1985 amendments to that Act. …

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Trade Related Investment Measures (Trims): Scrutiny In The Gatt And Implications For Socialist Countries, Carl W. Schwarz, Bennett A. Caplan Jan 1987

Trade Related Investment Measures (Trims): Scrutiny In The Gatt And Implications For Socialist Countries, Carl W. Schwarz, Bennett A. Caplan

UC Law SF International Law Review

Governments often impose trade related investment measures (TRIMs) on foreign investors in local manufacturing ventures. These controls are designed to benefit the host country, often to the detriment of the foreign company's home country. This Article initially describes the problems associated with the use of TRIMs. It then discusses various international solutions being considered to curtail the use of TRIMs. Finally, the authors analyze current and proposed measures to strengthen GATT coverage of TRIMs. The authors conclude with a study of the effect of new international TRIM measures on socialist countries.

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The Wholly Foreign-Owned Enterprise In China: An Alternative To The Equity Joint Venture, Bryan Powell Jan 1987

The Wholly Foreign-Owned Enterprise In China: An Alternative To The Equity Joint Venture, Bryan Powell

UC Law SF International Law Review

Wholly foreign-owned business enterprises have been allowed in the People's Republic of China since 1980, but the Chinese Government did not promote their use. This situation changed in 1986, when the Government promulgated the Foreign Enterprises Law, which provided the legal framework for establishing foreign enterprises without a Chinese partner. This Note examines the Law's effectiveness in expanding foreign economic cooperation. It initially discusses the background of equity joint ventures and wholly foreign-owned enterprises in enterprises in China. The Note then examines the Law in depth to determine if its implementation will encourage foreign investors to establish wholly owned enterprises …

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Voluntary Restraint Agreements: A Threat To Representative Democracy, Kevin C. Kennedy Jan 1987

Voluntary Restraint Agreements: A Threat To Representative Democracy, Kevin C. Kennedy

UC Law SF International Law Review

This Article explores the discretionary powers exercised by the executive branch in the field of international trade. It initially describes the discretionary powers of the executive branch under United States trade laws. The Article then turns to a consideration of the executive branch's power to negotiate voluntary trade restraint agreements with foreign trading partners. The author asserts that these negotiations are undertaken without congressional delegation of power; the executive branch is thus engaging in unconstitutional acts. Finally, the author considers several proposals for modifying trade relief law to properly restore congressional responsibility.

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Review Of Environmental Protection Policy, By E. Rehbinder And R. Stewart, James E. Krier Jan 1987

Review Of Environmental Protection Policy, By E. Rehbinder And R. Stewart, James E. Krier

Reviews

Environmental problems have been on the agenda of the federal government in the United States for roughly a century now, about half of the government's life, and a dominant concern for the last two decades. The European Economic Community ("EEC"), itself a system perhaps on its way to some brand of federalism, presents a similar but much foreshortened picture. The EEC has been concerned with the environment for about the last half of its thirty year life. Environmental Protection Policy' ("EPP") is a richly detailed study of environmental policy in these two very different systems.

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The Case For Employee Ownership In Overseas Operations Of U.S. Multinational Enterprises In Central America, William G. Hopping Jan 1987

The Case For Employee Ownership In Overseas Operations Of U.S. Multinational Enterprises In Central America, William G. Hopping

Michigan Journal of International Law

Part II of this note explains the relevance of using U.S. direct investment in Central America as a starting point for encouraging employee ownership. Part III describes the essential legal framework of the ESOP in the U.S., providing a framework from which to adapt the ESOP to other countries. Part IV argues that all parties participating in this form of expanded ownership will realize significant short and long-term benefits, but points out some problems of transferring ESOPs, a U.S. legal innovation, to different cultural and business environments. Part V presents some of the legal and economic issues of adapting ESOPs, …

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A Comparative Approach To Extraterritoriality In The Fields Of Antitrust And Export Controls, Andreas Knaul Jan 1987

A Comparative Approach To Extraterritoriality In The Fields Of Antitrust And Export Controls, Andreas Knaul

LLM Theses and Essays

This work will show that all isolated proposals for the solution of the extraterritoriality problem are fundamentally insufficient. Only a combination of negotiation, agreements and arbitration comes near to a solution of the problem. Taking the example of antitrust and export control laws the author will describe and analyze the different approaches currently discussed to cope with the fact that one sovereign state tries to extend its jurisdiction into the field of another sovereign state. It is to be shown that no approach can succeed as long as the substantive laws in the antitrust and export control field are different.

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Equal Protection Limitations On Choice Of Law Decisions, Anne-Marie Witters Jan 1987

Equal Protection Limitations On Choice Of Law Decisions, Anne-Marie Witters

LLM Theses and Essays

In this paper, the author seeks to clarify the implications of contemporary Fourteenth Amendment theory for state autonomy in deciding conflict cases, concentrating on state discrimination against non-residents and aliens. The author argues that laws which distinguish locals from residents of other states should be reviewed under strict scrutiny, just as laws that discriminate against aliens. Also U.S. choice of law methodologies from both past and present are discussed, with the conclusion that modern theories violate the Equal Protection Clause of their systematic preference for forum residents and parochial results. After a review of the European conflicts system, the choice …

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New Constitutional And Penal Theory In Spanish Abortion Law, Richard Stith Jan 1987

New Constitutional And Penal Theory In Spanish Abortion Law, Richard Stith

Law Faculty Publications

No abstract provided.

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Law And The Abuse Of Economic Power In Europe, David J. Gerber Jan 1987

Law And The Abuse Of Economic Power In Europe, David J. Gerber

All Faculty Scholarship

No abstract provided.

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The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. Mcclure Jan 1987

The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. Mcclure

Maryland Series in Contemporary Asian Studies

No abstract provided.

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Mcnaghten Rules Ok? The Need For Revision Of The Automatism And Insanity Defenses In English Criminal Law, R. D. Mackay Jan 1987

Mcnaghten Rules Ok? The Need For Revision Of The Automatism And Insanity Defenses In English Criminal Law, R. D. Mackay

Penn State International Law Review

There has been a resurgence of interest in the codification of "craziness" both in the United States and in England. Most recent legislative reforms in the United States have followed in the wake of the jury's verdict in the Hinckley case, whilst in England renewed interest in revising the insanity defense has been prompted by a report to the Law Commission on the codification of the criminal law. The purpose of this article is first to briefly review relevant reforms in the United States; second to critically analyze the present legal position in England; third to discuss English reform proposals; …

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Developments In European Product Liability, Ferdinando Albanese, Louis F. Del Duca Jan 1987

Developments In European Product Liability, Ferdinando Albanese, Louis F. Del Duca

Penn State International Law Review

The eight questions discussed in this article are as follows: (1) Why is new legislation needed in the field of product liability? (2) What should be the basis of a new regime of product liability? (3) Who should be liable? (4) What products should be subject to a new regime of product liability? (5) Who should be entitled to sue? (6) What defenses shall be allowed? (7) What damage should be compensated? (8) How long should the producer's liability last?

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"It Is Better To Enter A Tiger's Mouth Than A Court Of Law" Or Dispute Resolution Alternatives In U.S.-China Trade, Steven N. Robinson, George R.A. Doumar Jan 1987

"It Is Better To Enter A Tiger's Mouth Than A Court Of Law" Or Dispute Resolution Alternatives In U.S.-China Trade, Steven N. Robinson, George R.A. Doumar

Penn State International Law Review

This article examines the influence Chinese attitudes toward law have upon the various methods of dispute resolution in United States-China trade. It concludes that, although reasonably effective mechanisms for the resolution of disputes are available, the primary emphasis of counsel should be to prevent the dispute from occurring through promoting informed negotiation of the original contract.

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Redefining Refugee: A Proposal For Relief For The Victims Of Civil Strife, 24 San Diego L. Rev. 449 (1987), Michael G. Heyman Jan 1987

Redefining Refugee: A Proposal For Relief For The Victims Of Civil Strife, 24 San Diego L. Rev. 449 (1987), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

Viewing the displaced victims of civil strife in El Salvador as a paradigm, this Article examines the predicament of such victims, surveys various solutions purportedly existing under current law, and concludes that the complex mosaic of United States immigration law fails to offer relief or remedy. Moreover, other countries, such as Mexico, do not offer any real assistance. In light of these deficiencies, the Article proposes that current asylum law be amended to redefine "refugee" to include victims of civil strife in order to further humanitarian goals.

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Allocation Of Mineral Resources In Antarctica: Problems And A Possible Solution, Helena M. Tetzeli Jan 1987

Allocation Of Mineral Resources In Antarctica: Problems And A Possible Solution, Helena M. Tetzeli

UC Law SF International Law Review

Since 1961, exploration of Antarctica has been governed by the 1959 Antarctica Treaty. The treaty suspended territorial claims to the region for thirty years, declared the area a demilitarized and nuclear-free zone, and encouraged scientific cooperation among its parties. There is now evidence that the region contains valuable minerals, petroleum and natural gas. The treaty will soon expire and there are many parties interested in developing the possible wealth of the region. Unresolved issues of sovereignty and resource development must now be resolved. This Note discusses possible approaches to the problem of ownership, including the two major theories of "exclusive …

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New Prc And Shanghai Regulations For The Encouragement Of Foreign Investment, Anna M. Han Jan 1987

New Prc And Shanghai Regulations For The Encouragement Of Foreign Investment, Anna M. Han

UC Law SF International Law Review

Since 1978 the People's Republic of China has permitted foreigners to invest in domestic enterprises. While foreign investors were initially enthusiastic about entering the Chinese market, enthusiasm turned to disappointment when they discovered the realities of doing business in China. The problems experienced by the foreigners have included shortages of foreign exchange, high input costs, unpredictable tax treatment, and bureaucratic errors. In an attempt to alleviate some of these problems, the Chinese Government recently enacted the State Council Regulations Concerning Encouragement of Foreign Investment. Following the lead of the national government, regional governments have also adopted rules to encourage foreign …

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United States Antiboycott Laws: An Assessment Of Their Impact Ten Years After Adoption, Howard N. Fenton Iii Jan 1987

United States Antiboycott Laws: An Assessment Of Their Impact Ten Years After Adoption, Howard N. Fenton Iii

UC Law SF International Law Review

Since 1945, Arab states have prohibited trade with Israel. In the mid-1970s the sudden economic leverage of the countries participating in this boycott forced the United States to confront the asserted jurisdiction over American businesses. Concerned with the extraterritorial impact of the Arab boycott, Congress enacted two antiboycott laws. This Article adopts a new four-part analysis of boycott participation by American firms. Then, it examines the history of the Arab boycott and the United States government's responses, including the Arab reaction to the antiboycott laws and the record of the United States agencies responsible for enforcing the laws. The author …

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Equity Joint Ventures With The People's Republic Of China: A Puzzle In Politics, Law, And Tradition, Alison Lisa Patrucco Jan 1987

Equity Joint Ventures With The People's Republic Of China: A Puzzle In Politics, Law, And Tradition, Alison Lisa Patrucco

UC Law SF International Law Review

The Chinese Government now encourages equity joint ventures to attract foreign investors. There is some uncertainty on the part of investors, however; while large numbers of businesses are seeking joint venture contracts, current investors are considering leaving China. This Article provides an assessment of the status of equity joint ventures for the foreign investor. It first considers the cultural context in which agreements with Chinese entities must be approached. The author asserts that a potential investor must try to understand China's deep-rooted reservations about Western thought and practice and the pervasive influences of Chinese tradition. The author then discusses the …

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Choice For Tort Law In Enclaves Established By United States Corporations For Expatriate Employees, Wade F. Hyder Jan 1987

Choice For Tort Law In Enclaves Established By United States Corporations For Expatriate Employees, Wade F. Hyder

UC Law SF International Law Review

Traditional conffict of law rules generally dictate the application of the law of the jurisdiction where a tort has occurred. This procedure, however, may bar recovery to employees living in American corporation enclaves in countries that do not afford viable remedies to tort victims. This Note first examines the nature of expatriate enclaves in foreign nations. Next, the Note focuses on the difficulties in determining standards for deciding claims that arise out of relations within the enclaves. The author compares American and Saudi Arabian laws and their underlying principles and finds that application of Islamic common law may often result …

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Evaluation And Reform Of California's Residency Standard, Dana L. Mishne Jan 1987

Evaluation And Reform Of California's Residency Standard, Dana L. Mishne

UC Law SF International Law Review

Under current California law, individuals classified as residents are taxed on their entire taxable income. Nonresidents are taxed only upon income derived from sources within California. This Note initially examines California's current standard for determining residency. The author points out that the current standard provides flexibility, but is too subjective to provide certainty. The author then discusses the current objective standard by which the federal government determines United States residency. In addition, the author suggests a modified version of the federal standard. This version would delete inapplicable provisions, but retain objective tests. In conclusion, the author proposes that California adopt …

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United States Whale Policy: The Judiciary Casts Its Vote In Favor Of A Moderate Approach, Scott T. Larson Jan 1987

United States Whale Policy: The Judiciary Casts Its Vote In Favor Of A Moderate Approach, Scott T. Larson

Vanderbilt Journal of Transnational Law

The Supreme Court's decision in Japan Whaling Association temporarily settled the question of whether the United States would pursue whale conservation with a hard line or moderate approach. The Court's decision to affirm the moderate approach will affect United States conservation efforts as well as the IWC's efforts. Conservationists argue that a strict approach to whale protection is the only effective alternative. Current United States policy and law reject that view. Had a full Court adopted a strict conservationist position with Justice Marshall and the other three dissenters, United States whale policy would be markedly different. United States policy would …

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