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Full-Text Articles in Law
The Securities Tax System In Japan: Historical Background And Present Trends, Masana Hasegawa
The Securities Tax System In Japan: Historical Background And Present Trends, Masana Hasegawa
UC Law SF International Law Review
Japan's securities market, as an international capital market, contributes to the economy of other nations. The author describes how interest, dividends, and transfers of securities are taxed in Japan and argues that the securities taxation system should be modified to encourage Japanese and overseas investors to continue contributing to global economic development through investment in the Japanese securities market. In this Article, the author explores the development of the Japanese securities taxation system and analyzes proposed revisions to the current system.
Security Markets In The United States And Japan: Distinctive Aspects Molded By Cultural, Social, Economic, And Political Differences, Dan Fenno Henderson
Security Markets In The United States And Japan: Distinctive Aspects Molded By Cultural, Social, Economic, And Political Differences, Dan Fenno Henderson
UC Law SF International Law Review
With the advent of Tokyo as one of the world's leading securities markets, the importance of uniform trade laws has become paramount. The author examines some of the cultural idiosyncrasies of doing business in the United States and Japan which may hinder this goal. He argues that these must be well understood before regulations creating a global market can be implemented.
Political, Regulatory, And Legal Problems: Focusing On The Securities Banking Fence Issue, Insider Trading, And The Disclosure Systems, Ichiro Matsui
Political, Regulatory, And Legal Problems: Focusing On The Securities Banking Fence Issue, Insider Trading, And The Disclosure Systems, Ichiro Matsui
UC Law SF International Law Review
There have been many new developments in Japanese securities law in the last few years. The author reviews some of the most important of these developments, including the movement to allow banks to participate in the securities business and new regulations pertaining to insider trading and disclosure. The author describes the substance of these new developments and analyzes the potential and actual effects of each of them.
Taxation Implications Of Global Trading: A Summary, Charles Thelen Plambeck
Taxation Implications Of Global Trading: A Summary, Charles Thelen Plambeck
UC Law SF International Law Review
In this Article, the author analyzes global trading by financial intermediaries of stocks, securities, and other products. To focus the analysis, the author describes typical organizational and locational patterns and points out the high degree of international functional integration common in this activity. The Article next discusses the current tax rules applicable to global trading. The author focuses on the Organization for Economic Cooperation and Development model income tax treaty and the Internal Revenue Code rules that govern the apportionment among jurisdictions of the profits of this activity. The author concludes that global trading challenges many fundamental economic assumptions upon …
Investment Opportunities And Barriers, Basil J. Schwan, Kayla J. Gillan
Investment Opportunities And Barriers, Basil J. Schwan, Kayla J. Gillan
UC Law SF International Law Review
This Article examines some of the negative aspects of corporate investment in the United States which result from a variety of corporate management protection schemes. These schemes reduce corporate accountability to shareholders and can be overcome only by federal leadership aimed at curtailing defensive actions by state governments which aggravate the accountability gap.
Dispute Resolution In The United States: Concerns And Opportunities In An Era Of Globalization Of Securities Markets, Mary Kay Kane
Dispute Resolution In The United States: Concerns And Opportunities In An Era Of Globalization Of Securities Markets, Mary Kay Kane
UC Law SF International Law Review
This Article outlines the salient characteristics of American securities litigation and discusses the procedural aspects of international disputes in American courts. The Article also provides some insights into alternative dispute resolution of these matters. The Author advances the notion that the difficulties associated with international litigation in the United States may be overcome by prior agreements and planning, as well as by legislative reform of the system and international agreements.
A Comparative Analysis Of European And American Environmental Laws: Their Effects On International Blue Chip Corporate Mergers And Acquisitions, Nelson G. Smith Iii
A Comparative Analysis Of European And American Environmental Laws: Their Effects On International Blue Chip Corporate Mergers And Acquisitions, Nelson G. Smith Iii
UC Law SF International Law Review
The prospect of a unified European consumer market in 1992 has brought acquisition of European subsidiaries by American blue chip corporations to an all-time high. Along with these new relationships, however, come numerous problems of environmental law. Recent developments in international law indicate that American corporations may inherit extensive liabilities under CERCLA and unwieldy administrative problems when acquiring European holdings. Further complicating these transactions, access to important documents regarding a property's prior use is often difficult to obtain and incomplete to satisfy emerging liability standards. This Article explores the effects environmental laws and liabilities can have on an international blue …
No-Fault Personal Injury Automobile Insurance: The Quebec And New York Experiences And A Proposal For California, Sonja Stenger
No-Fault Personal Injury Automobile Insurance: The Quebec And New York Experiences And A Proposal For California, Sonja Stenger
UC Law SF International Law Review
One of the primary purposes of the automobile liability insurance system is to provide compensation to people injured in automobile accidents. Many experts agree that the traditional liability system has failed to adequately perform this function. California has been particularly affected by the failure of the traditional liability insurance system. This Note describes how no-fault automobile insurance improves on the liability insurance system and how it solves some of the system's biggest problems. This Note also analyzes two no-fault systems, that of Quebec and that of New York, and proposes a no-fault system for California.
The Overseas Private Investment Corporation And Worker Rights: The Loss Of Role Models For Employment Standards In The Foreign Workplace, James M. Zimmerman
The Overseas Private Investment Corporation And Worker Rights: The Loss Of Role Models For Employment Standards In The Foreign Workplace, James M. Zimmerman
UC Law SF International Law Review
The Overseas Private Investment Corporation (OPIC) was created in 1969 to encourage private American investment in developing countries. OPIC finances overseas projects and provides insurance against loss due to political risks. In 1985 because of concerns that OPIC-assisted projects in countries with low labor costs were resulting in the loss of domestic jobs, Congress passed a law requiring OPIC to withhold assistance from projects in countries which fail to adopt and implement internationally recognized workers' rights. This Article argues that this legislation is counterproductive. Developing countries are deprived of role models, since most OPIC projects adhere to higher labor standards …
The P.R.C.'S First Copyright Law Analyzed, Jianming Shen
The P.R.C.'S First Copyright Law Analyzed, Jianming Shen
UC Law SF International Law Review
This Article explains the People's Republic of China's new copyright law, the Authorship Right Law, which is scheduled to take effect on June 1, 1991. The Article explores how the new law protects the moral and economic (property) rights of authors and other copyright holders. The Article specifically analyzes a number of issues, including copyrightable subject matter, neighboring rights and obligations, penalties for infringement, and the international aspects of the law. The author also discusses the positive and negative aspects of the Authorship Right Law, both within China and internationally.
Some Thoughts On International Environmental Law From The Perspective Of A Domestic Practitioner, Brian E. Gray
Some Thoughts On International Environmental Law From The Perspective Of A Domestic Practitioner, Brian E. Gray
UC Law SF International Law Review
No abstract provided.
A Comparison Of Japanese And American Taxation Of Capital Gains, Brian Van Vleck
A Comparison Of Japanese And American Taxation Of Capital Gains, Brian Van Vleck
UC Law SF International Law Review
Japan has employed heavy tax preferences for capital gains as part of a spectacularly successful national policy of encouraging capital formation and economic growth. The United States, in contrast, brought an end to sixty-five years of capital gains preferences with the Tax Reform Act of 1986. A very limited cut was enacted in 1990. However, President George Bush has made further reductions in the capital gains tax a central goal of his administration. This Note analyzes the experience of both nations and examines the effects of capital gains taxation on economic efficiency, levels of national investment, the politics of income …
The Developing Countries In The Evolution Of An International Environmental Law, John Ntambirweki
The Developing Countries In The Evolution Of An International Environmental Law, John Ntambirweki
UC Law SF International Law Review
Until the global community began to recognize the damage wrought by uninhibited economic development throughout most of this century, the developing countries of the Third World foresaw and aspired to a similar unimpeded advance toward economic prosperity. Instead, in an effort to establish international economic order and environmental conservation, the developed countries asked the developing countries to join them in championing environmental conservation at the expense of economic development. Despite the fundamental incompatibility between developmental and environmental goals, the developing countries reluctantly joined the environmental cause, hoping to secure a role for themselves as the creators of new international environmental …
The European Community's Regulation And Control Of Waste And The Adoption Of Civil Liability, Patrick E. Thieffry, Peter E. Nahmias
The European Community's Regulation And Control Of Waste And The Adoption Of Civil Liability, Patrick E. Thieffry, Peter E. Nahmias
UC Law SF International Law Review
The European Community has primarily been concerned with economic integration among its member states. However, along with economic integration comes the need for uniform environmental policies. This Article discusses the current regulatory structure of waste management in the European Community and outlines the recently proposed directive calling for strict liability for injury or environmental damages caused by wastes. The proposed directive is intentionally broad in scope, and imposes joint and several civil liability upon the responsible parties. This Article discusses the pros and cons of the proposed directive in terms of the development of centralized and uniform European Community environmental …
The Future Of Customary Law In Namibia: A Call For An Integration Model, Lynn Berat
The Future Of Customary Law In Namibia: A Call For An Integration Model, Lynn Berat
UC Law SF International Law Review
The Namibian Constitution is, in many ways, a model for the world. Among the human rights it guarantees is the right to culture. There is support for the proposition that this includes the right to use customary law. The relationship between customary and national law is a difficult issue. This Article explores the options available to the Namibian Government as it attempts to balance the needs and desires of the people with the need for uniform laws. The author examines the treatment of customary law elsewhere in Africa, particularly Swaziland, Lesotho, and Botswana. The author concludes that while unification of …
Comparison Of Foresty Laws In The United States And Brazil As They Promote Deforestation In Southeastern Alaska And The Amazon Basin, Julia Levin
UC Law SF International Law Review
While the world condemns the destruction of the Amazonian rain forest in Brazil, the United States government allows non-sustainable timber harvesting in the world's largest nontropical rain forest, the Tongass National Forest, in southeastern Alaska. Both United States and Brazilian forest policies developed primarily to create jobs and provide economic stability. The two governments' subsidies and tax incentives have resulted, instead, in powerful private industries and expansive bureaucracies, whose budgets depend in part on continued forest destruction. Although both the United States and Brazil have recently reformed their forest policies, neither country's reforms are broad enough to protect the countries' …
Of Czechoslovakia And Ourselves: Essential Legal Supports For A Free Market Economy, Richard S. Gruner
Of Czechoslovakia And Ourselves: Essential Legal Supports For A Free Market Economy, Richard S. Gruner
UC Law SF International Law Review
The new Czechoslovak Government is in the process of dramatically revising that country's commercial and property laws in order to revitalize their economy and encourage foreign investment. This Article examines the initial steps toward legal reform, as well as the Government's future plans. Specifically, the author addresses the reforms of commercial and corporations law and the Government's plans for further privatization. The author concludes with the suggestion that an active and independent Czechoslovak judiciary will play a vital role in economic reform by reassuring foreign investors that the Government will not undercut the new laws for political reasons.
Abandoning The Rule Of Non-Inquiry In International Extradition, David B. Sullivan
Abandoning The Rule Of Non-Inquiry In International Extradition, David B. Sullivan
UC Law SF International Law Review
Under the rule of non-inquiry, a United States court is barred from denying extradition of an accused criminal, even when it is clear that the accused will be the victim of torture or cruel and inhumane treatment in the requesting country. This Note argues that the rule of non-inquiry should be replaced by a rule more.sensitive to humanitarian concerns. The Note begins by describing the international extradition process and the origins of the rule of non-inquiry. Next, it sets forth the dicta of Gallina v. Fraser, which proposed an exception to the rule of noninquiry. The Note suggests that an …
Equity In Maritime Boundary Delimitations: The Gulf Of Maine Case, Ina Raileanu
Equity In Maritime Boundary Delimitations: The Gulf Of Maine Case, Ina Raileanu
UC Law SF International Law Review
On December 12, 1984, an ad hoc chamber of the International Court of Justice delivered its opinion in the Case Concerning the Delimitation of the Maritime Boundary in the Gulf of Maine Area. The decision had been anxiously awaited as the first attempt in the history of the Court to effect a line of delimitation for both the continental shelf and the exclusive economic zone. This Note discusses the equity of the Court's decision with emphasis on the role played by the principle of proportionality. In particular, this Note criticizes the interpretation and application of the principle by the United …
Protection Of The Stratospheric Ozone Layer And The Structure Of International Environmental Lawmaking, David D. Caron
Protection Of The Stratospheric Ozone Layer And The Structure Of International Environmental Lawmaking, David D. Caron
UC Law SF International Law Review
The Vienna Convention of 1985, the Montreal Protocol of 1987, and the London Amendments and Adjustments of 1990 constitute an international response to the problem of the depletion of the ozone layer by chloroflourocarbons. This Article describes the organization of parties under this international framework, and discusses the adoption of reduction schedules with delayed phaseout plans for developing countries. The Article points out that international lawmaking differs from international environmental lawmaking in that the latter involves greater uncertainty about reality, requires participation by major contributors to the depletion of the ozone layer, and poses the problem of being either unmanageably …
Nihon-Hastings Conference--Foreword, Frank T. Read
Nihon-Hastings Conference--Foreword, Frank T. Read
UC Law SF International Law Review
No abstract provided.
Differences In Culture, Society, Economics, And Politics And Their Effect On Enforcement Of Securities Laws, Wataru Horiguchi
Differences In Culture, Society, Economics, And Politics And Their Effect On Enforcement Of Securities Laws, Wataru Horiguchi
UC Law SF International Law Review
Much of Japan's law of securities regulation is based on U.S. securities regulation law. This Article describes how Japanese securities law is not specifically tailored to Japanese needs. The author then describes how social, cultural, economic, and political circumstances in Japan impede or frustrate enforcement of these laws.
Effective International Supervision Of Global Securities Markets, David S. Ruder
Effective International Supervision Of Global Securities Markets, David S. Ruder
UC Law SF International Law Review
Global trading in securities will increase substantially in the decade of the 1990s. This Article presents an overview of regulatory problems that must be addressed if international securities markets are to flourish.
Recent Developments And Future Perspectives Of The Tokyo Market, Minoru Nagaoka
Recent Developments And Future Perspectives Of The Tokyo Market, Minoru Nagaoka
UC Law SF International Law Review
Recent economic growth has fostered a great amount of international trading on the Tokyo Stock exchange, the opening of the exchange to foreign brokers, and a greater diversity of traded products. Yet problems remain to be resolved for the future health of the Tokyo market. These include a recent decline in the Tokyo equity market, the handling of index arbitrage trading, a lack of operational capacity and liquidity, and the maintenance of fairness and transparency of the market. The Author addresses these concerns and discusses what programs may be implemented to increase investor confidence.
Settlement Of Disputes Over Securities Transactions, Koji Shindo
Settlement Of Disputes Over Securities Transactions, Koji Shindo
UC Law SF International Law Review
This Article describes some of the prevalent aspects of civil litigation in Japan and then discusses them in the context of international disputes. Specifically, this essay examines the problems of international securities transactions disputes arising in Japanese courts, where there exists little precedent for their resolution. Since such litigation will become more prevalent with the growth of cross-border trading, Japanese courts must consider reforming their practices in order to deal with these suits efficiently and consistently. Reform must take place specifically in the areas of class action suits and civil discovery practices.
International Civil Litigation Over Securities-Related Disputes In Japan, Yoshikazu Takaishi, Osamu Hirakawa, Fumio Tomatsu
International Civil Litigation Over Securities-Related Disputes In Japan, Yoshikazu Takaishi, Osamu Hirakawa, Fumio Tomatsu
UC Law SF International Law Review
Because of the relative paucity of international securities litigation in Japan, it is difficult to predict the outcome of such disputes. The Author studies the relatively few Japanese precedents in an effort to determine the jurisdictional issues which will arise when American investors sue Japanese securities firms, and vice versa. He discusses some of the litigation tactics of Japanese lawyers used to gain a favorable forum or to remove cases from Japanese courts in an effort to thwart foreign party lawsuits. Such jurisdictional problems can create barriers against the globalization of securities markets, and the world's legal systems must be …
Employment Termination Reform: What Should A Statute Require Before Termination--Lessons From The French, British, And German Experiences, Karen Paull
UC Law SF International Law Review
The United States is the only major industrialized nation that has not enacted legislation to protect an employee's interest in security of employment. As a result, this interest has been in a state of uncertainty subject to changing case law and divergent state legislation. The recent draft of the Uniform Employment Termination Act has attempted to find a remedy for this situation. It failed to address, however, pretermination safeguards which could help prevent wrongful terminations, alleviate the emotional stress associated with terminations, and facilitate reemployment if necessary. This Note examines the role of pretermination safeguards in the employment protection statutes …
Taking Responsibility For Transboundary Environmental Effects, Sanford E. Gaines
Taking Responsibility For Transboundary Environmental Effects, Sanford E. Gaines
UC Law SF International Law Review
There are recent encouraging examples of cooperation in international environmental affairs. However, nations have made only disappointing progress in developing international law to assign liability among nations for environmental injury. One positive step was taken when the U.N.-sponsored World Commission on Environment and Development appointed an Experts Group on Environmental Law. This Article describes and critiques the report of the Experts Group, taking some guidance from its principles, but finding many conclusions that should be changed. The Article proposes that international law should include expanded strict liability concepts applied to actual damages from environmental injury.
Debt-For-Nature: The Second Generation, Konrad Von Moltke
Debt-For-Nature: The Second Generation, Konrad Von Moltke
UC Law SF International Law Review
Debt-for-nature programs-negotiating debt reductions in less developed countries in return for increased conservation-are a key link between international environmental management and major issues of international finance and trade. There are several important secondary aspects of debt-for-nature programs; for example, illuminating creative uses of the debt crisis to structure cooperative ventures between governments, and linking conservation and international economic and financial relations. This Article explores these aspects in relation to the international environmental economics issues of resource management in tripartite economies, debt servicing and balancing, trade regulation, subsidies, resource valuation, and sovereign debt conversions.
Protection Of Endangered Gorillas And Chimpanzees In International Trade: Can Cites Help, Valerie Karno
Protection Of Endangered Gorillas And Chimpanzees In International Trade: Can Cites Help, Valerie Karno
UC Law SF International Law Review
Anyone who is concerned about animals is inevitably outraged and frustrated by the atrocities committed in the international community by poachers and those who deal in the illegal trade of primates. This Note focuses on the widespread trade in endangered chimpanzees and gorillas, primates who are humans' closest living relatives on the planet. This Note gives explicit examples of the worldwide abuses committed by a host of First and Third World countries, exploring the systems by which Third World poachers export animals to First World agents under a guise of legitimacy. The Note then considers the governing international wildlife law, …