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Articles 31 - 60 of 339
Full-Text Articles in Law
The Withdrawal From The League Of Nations Revisited, Konstantin D. Magliveras
The Withdrawal From The League Of Nations Revisited, Konstantin D. Magliveras
Penn State International Law Review
No abstract provided.
Bridging The Gap In Eastern Europe: Forty Years Of Communist Indifference And The New Environmental Realities In Poland, Kenneth J. Serafin
Bridging The Gap In Eastern Europe: Forty Years Of Communist Indifference And The New Environmental Realities In Poland, Kenneth J. Serafin
Penn State International Law Review
No abstract provided.
Prospects For United States Ratification Of The Convention On The Rights Of The Child, Lawrence L. Stentzel Ii
Prospects For United States Ratification Of The Convention On The Rights Of The Child, Lawrence L. Stentzel Ii
Washington and Lee Law Review
No abstract provided.
Valuation And International Regulation Of Forest Ecosystems: Propects For A Global Forest Agreement, Michael B. Saunders
Valuation And International Regulation Of Forest Ecosystems: Propects For A Global Forest Agreement, Michael B. Saunders
Washington Law Review
Deforestation poses severe environmental problems for temperate and tropical regions world-wide. An international forest agreement is necessary to protect these forests. Previous international environmental agreements provide, at best, limited protection for endangered natural resources. To conserve the world's forests, an effective forest agreement must recognize the economic value of forest ecosystems. This forest agreement should define a twofold rule of responsibility: that states have a duty to protect forests located within their borders, and that other states that benefit from forests have a legal obligation to share in conservation costs.
The Second Circuit's Role In Expanding The Sec's Jurisdiction Abroad, Roberta S. Karmel
The Second Circuit's Role In Expanding The Sec's Jurisdiction Abroad, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Preface: Symposium On Trade And Foreign Investment In Eastern Europe And The Soviet Union, David F. Matlin, James A. Yokely
Preface: Symposium On Trade And Foreign Investment In Eastern Europe And The Soviet Union, David F. Matlin, James A. Yokely
Vanderbilt Journal of Transnational Law
The Vanderbilt Journal of Transnational Law held a Symposium on Trade and Foreign Investment in Eastern Europe and the Soviet Union on March 14 and 15, 1991. The Symposium consisted of a morning and an afternoon seminar held on March 15 at the Vanderbilt University School of Law and an inaugural dinner and address the previous evening. Our goal was to bring together and promote discussion among the leading authorities in this area from academia, private legal practice, business, "and government. The results of this Symposium have culminated in the publication of this special issue, which contains Articles, Essays, edited …
A Changing Europe, Joe M. Rodgers, Ambassador
A Changing Europe, Joe M. Rodgers, Ambassador
Vanderbilt Journal of Transnational Law
Those of you who have been here all day have heard some people that really understand what is going on in Eastern Europe, people from those countries, and experts in those subjects. I am going to take a little different approach. I am going to talk about Europe, and why I think it is at the real leading edge of global change today as we know our economic and political systems. There are four things happening in Europe today, any one of which would have an impact, or will have an impact, on the future as you young people know …
The World In Our Courts, Stephen B. Burbank
The World In Our Courts, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Palestine And Israel: A Challenge To Justice, James E. Hopenfeld
Palestine And Israel: A Challenge To Justice, James E. Hopenfeld
Michigan Law Review
A Review of Palestine and Israel: A Challenge to Justice by John Quigley
Legal Aspects Of Foreign Investments And Financing Of Energy Products In Nigeria, Niki Tobi
Legal Aspects Of Foreign Investments And Financing Of Energy Products In Nigeria, Niki Tobi
Dalhousie Law Journal
Nigeria is a Federation consisting of twenty-one States, and a Federal Capital Territory. It is the largest African Country with probably the largest concentration of foreign investment potentialities with a viable and adequate financing. In the true tenet of Federalism, the 1979 Constitution provided for a distinction in the legislative powers between the central Government and the State Governments. The Constitution of the Federal Republic of Nigeria 1989 has also maintained this federal arrangement. Although that is the constitutional position, the Military Government has, as a matter of policy, built into the system some element of unitarism in a federal …
Our First Televised Genocide, Kenneth Lasson
Our First Televised Genocide, Kenneth Lasson
All Faculty Scholarship
It is absolutely appalling that we have come so casually to observe the carnage, so passively to view the starvation over breakfast papers or dinnertime newscasts, so helplessly to watch these totally bereft human beings trudging barefoot over treacherous terrain toward the middle of nowhere.
There are other questions as well, of course, not as easily answered. Where are all their voices now, those demonstrators who so vociferously opposed war, ostensibly out of an overweening reverence for life? Is the latter-day holocaust being systematically perpetrated in northern Iraq any less horrifying than a direct hit on a camouflaged bomb shelter …
The Unification Of Germany And International Law, Frans Von Der Dunk, Peter H. Kooijmans
The Unification Of Germany And International Law, Frans Von Der Dunk, Peter H. Kooijmans
Space, Cyber, and Telecommunications Law Program: Faculty Publications
The process of German unification, at least as far as its international legal aspects are concerned, is almost complete now. After the first Staatsvertrag, creating as of July 1, 1990, a monetary union between the Federal Republic of Germany ("FRG") and the German Democratic Republic ("GDR"), the second Staatsvertrag uniting the two States as of October 3 legally sealed the inter-German aspects of the unification.
At the same time, the September 12 Treaty between the four former occupation powers—the United States, the Soviet Union, Great Britain and France—and the two former occupied German States took care of the remaining …
The Verdugo Case: The United States And The Comity Of Nations, Mark Weston Janis
The Verdugo Case: The United States And The Comity Of Nations, Mark Weston Janis
Faculty Articles and Papers
No abstract provided.
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.
Masthead, Volume 23 Issue 1 (1991)
Masthead, Volume 23 Issue 1 (1991)
Case Western Reserve Journal of International Law
No abstract provided.
The Selection Of Choice Of Law Provisions In International Commercial Arbitration: A Case For Contractual Depeҫage, Craig M. Gertz
The Selection Of Choice Of Law Provisions In International Commercial Arbitration: A Case For Contractual Depeҫage, Craig M. Gertz
Northwestern Journal of International Law & Business
One additional advantage of arbitration, the parties' ability to predetermine the law governing the resolution of the dispute, has gained growing recognition in recent years. This recognition, however, has been myopic to some extent. Some commentators see choice of law options confined either to the selection of one national legal system from several possibilities or to the selection of a single national, international, or anational legal system. Such a self-imposed limitation of the applicable law to one system of law often denies parties many of the benefits and powers allowed them in international commercial arbitration. As an alternative, an agreement …
Emerging Issues Associated With Twenty-Four Hour World Securities Trading, Mitsuo Sato
Emerging Issues Associated With Twenty-Four Hour World Securities Trading, Mitsuo Sato
UC Law SF International Law Review
This Article analyzes the possibility of twenty-four hour trading from a market regulator's perspective. The author proposes four alternative patterns on which to base a twenty-four hour securities market and concludes that linking exchanges in different time zones, along the lines of the foreign exchange market, represents the most realistic possibility. The author warns, however, that current trends towards standardization do not necessarily represent the creation of a global market or even the desire for one. The competitive nature of stock exchanges must be recognized by market regulators in striving towards this goal.
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 …
Contractual Assurances In Multinational Agreements To Purchase Or Sell U.S. Businesses--Cultural Differences Heighten Normal Conflicts, Barry Fink
UC Law SF International Law Review
This Article discusses some of the difficulties of multinational contracting by examining some major differences in the American and Japanese methods of allocating contractual responsibilities. His insights are offered in the hope that debate over the differing concepts will lead to greater understanding and facilitate further international dealings.
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.
Dispute Resolution Between Investors And Broker-Dealers In The United States Securities Markets, Catherine Mcguire, Robert Love
Dispute Resolution Between Investors And Broker-Dealers In The United States Securities Markets, Catherine Mcguire, Robert Love
UC Law SF International Law Review
The securities markets in the United States have provided increasingly sophisticated arbitration fora for the resolution of securities disputes. U.S. statutory and case law, moreover, has been increasingly favorable to the resolution of international commercial disputes by arbitration. As international markets continue to link, and cross-border disputes arise, parties will be challenged to make creative application of the new arbitrations rules, and to identify areas where change and accommodation are needed.
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.
Soviet And Chinese Criminal Dissent Laws: Glasnost V. Tienanmen, Zach Georgopoulos
Soviet And Chinese Criminal Dissent Laws: Glasnost V. Tienanmen, Zach Georgopoulos
UC Law SF International Law Review
Recent developments in the People's Republic of China and the Soviet Union warrant a comparative study of the imposition of criminal liability for political dissent. In the Soviet Union, substantive changes in criminal dissent laws seem dramatic. In China, various doctrinal pronouncements may have a great effect on the application of such laws. This Note analyzes the similarities and differences in the current political imperatives of both nations in relation to their criminal laws, and attempts to discern possible future uses of criminal law as a means of suppressing political speech.
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.