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Full-Text Articles in Law

An American In Beijing: Perspectives On The Rule Of Law In China, Cole R. Capener Sep 1988

An American In Beijing: Perspectives On The Rule Of Law In China, Cole R. Capener

BYU Law Review

No abstract provided.


Foreword: Current Perspectives On Law And Business In China, Stephen G. Wood Sep 1988

Foreword: Current Perspectives On Law And Business In China, Stephen G. Wood

BYU Law Review

No abstract provided.


China's Reforms And Her External Relations, Arthur W. Hummel Jr. Sep 1988

China's Reforms And Her External Relations, Arthur W. Hummel Jr.

BYU Law Review

No abstract provided.


Recent Chinese Legislation Assisting Foreign Investors To Solve Their Hard Currency Problem: Import Substitution And Other Options, Jerome Alan Cohen, Stuart J. Valentine Sep 1988

Recent Chinese Legislation Assisting Foreign Investors To Solve Their Hard Currency Problem: Import Substitution And Other Options, Jerome Alan Cohen, Stuart J. Valentine

BYU Law Review

No abstract provided.


The Recent Liberalization Of Exchange Controls And Its Legal Impact On Doing Business In Taiwan, William F. Atkin Sep 1988

The Recent Liberalization Of Exchange Controls And Its Legal Impact On Doing Business In Taiwan, William F. Atkin

BYU Law Review

No abstract provided.


Will Canada Ratify The Law Of The Sea Convention, Ted L. Mcdorman May 1988

Will Canada Ratify The Law Of The Sea Convention, Ted L. Mcdorman

San Diego Law Review

In this Article, Professor McDorman discusses the fact that five years after the completion of the Law of the Sea Convention, Canada has not yet ratified the convention nor has it offered hints as to whether it will ratify the Convention. The author contrasts this stance with the fact that that Canada was a signatory, is one of its major beneficiaries, and that many of its high ranking officials expressed praise for the final document. Moreover, Canada has extensive economic interests in the ocean. The question of Canadian ratification of the LOS Convention is addressed from three perspectives: as a …


Foreign Search And Seizure: The Fourth Amendment At Large, Kimberly A. Strang May 1988

Foreign Search And Seizure: The Fourth Amendment At Large, Kimberly A. Strang

San Diego Law Review

The Administration's recent policy of "Say No to Drugs" has sparked a veritable war on drugs within our country. Outside our borders, on the high seas, and in foreign lands, the war on drugs has been fought to prevent their entry through our borders. This "war" is encroaching on the fourth amendment rights of persons suspected of drug trafficking who are subjected to search and seizure. This Comment examines the fourth amendment protection these people have received, and argues that the courts should uphold the fourth amendment, rather than pay it verbal service.


Coastal State Fishery Regulation Under International Law: A Comment On The La Bretagne Award Of July 17, 1986 (The Arbitration Between Canada And France), William T. Burke May 1988

Coastal State Fishery Regulation Under International Law: A Comment On The La Bretagne Award Of July 17, 1986 (The Arbitration Between Canada And France), William T. Burke

San Diego Law Review

It is now almost six years since the adoption of the LOS Convention and over ten years since the general acceptance of unilaterally extended fisheries jurisdiction, but we are still only in the early phases of working out the implications of these events for wealth and other value distributions. Establishing national fisheries regimes is a difficult and time-consuming task, even for the leading developed nations.


The Exclusive Economic Zone Of The Northwestern Hawaiian Islands: When Do Uninhabited Islands Generate An Eez, Jon M. Van Dyke, Joseph Morgan, Jonathan Gurish May 1988

The Exclusive Economic Zone Of The Northwestern Hawaiian Islands: When Do Uninhabited Islands Generate An Eez, Jon M. Van Dyke, Joseph Morgan, Jonathan Gurish

San Diego Law Review

Hawaii is the only state in the United Stats that consists solely of islands. These islands are unique among the states in climate and life style, and they present unique problems to those who would define their jurisdiction over the adjacent ocean areas. The eight main inhabited Hawaiian islands are entitled to territorial seas, contiguous zones, exclusive economic zones, and continental shelves, which are measured in the same way that similar zones are delineated outward from continental land territories. To the northwest of these main islands is a chain of smaller insular outcroppings that are a wildlife preserve for sea …


The Effect Of A Petition For Decertification On The Bargaining Process: The Reversal Of Dresser Industries, Timothy Silverman May 1988

The Effect Of A Petition For Decertification On The Bargaining Process: The Reversal Of Dresser Industries, Timothy Silverman

San Diego Law Review

In Dresser Industries, the National Labor Board held that an employee-filed petition for decertification does not permit an employer to refuse to bargain with the incumbent union. This Comment submits that the National Labor Relations Board should return to the rule that Dresser Industries expressly overruled. This Comment argues that the Telautograph Corporation rule requiring an employer to refuse to bargain, is the more workable and practical of the two conflicting rules and is more likely to achieve the legislative goals of the National Labor Relations Act.


International Organizations And The Law Of The Sea: Documentary Yearbook, 1985, L C. Green Mar 1988

International Organizations And The Law Of The Sea: Documentary Yearbook, 1985, L C. Green

Dalhousie Law Journal

It was only to be expected that upon the adoption of the 1982 United Nations Convention on the Law of the Sea, there would be a plethora of publications, academic and otherwise, on various aspects of the law of the sea. What is perhaps not generally known is the number of international organizations that have occasion to issue documents relating to the law of the sea, and, even when it is known, these are in such a variety of places that it is almost impossible for any but the most determined researcher to seek them out. The Netherlands Institute for …


The Marine Transportation Of Hazardous And Dangerous Goods In The Law Of The Sea - An Emerging Regime, Aldo E. Chircop Mar 1988

The Marine Transportation Of Hazardous And Dangerous Goods In The Law Of The Sea - An Emerging Regime, Aldo E. Chircop

Dalhousie Law Journal

The transportation of hazardous and dangerous goods by road, rail, inland waterways, air and sea and also multimodally is a subject characterized by both interdependence and convergence of interests. The international community has been seized of this problem from many directions. It involves a wide range of actors and multidisciplinary challenges. It is submitted that a complex regime is in the making.


A Guide To Maritime Boundary Delimitation, Ted L. Mcdorman Mar 1988

A Guide To Maritime Boundary Delimitation, Ted L. Mcdorman

Dalhousie Law Journal

This is not a book for lawyers. This is not a book written by lawyers. It is a book written by hydrographers for hydrographers. However, because the book deals with maritime boundary delimitation it is a book of interest to an audience far beyond hydrographers, since ocean boundaries concern lawyers, political scientists, economists, sociologists, fishermen, resource-specialists and a wide range of other professionals.


Straight Baselines In International Law: A Call For Reconsideration, Gayl S. Westerman Jan 1988

Straight Baselines In International Law: A Call For Reconsideration, Gayl S. Westerman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Book Review, Christopher C. Joyner Jan 1988

Book Review, Christopher C. Joyner

Vanderbilt Journal of Transnational Law

The message sounded in Marine Pollution and the Law of the Sea is that it is not too late. International law can still be fashioned to control marine pollution more prudently, more effectively, and more comprehensively. The critical ingredient, however, for obtaining this self-imposed policy of international legal restraint is generation of the national political will among polluter governments to do so. To work efficaciously, law first must be agreed upon, then subscribed to, and ultimately, either obeyed or enforced. If international policies and programs are to work, governments must want them to work. In this modern era of rising …


Finding Federalism In The Admiralty: "The Devil's Own Mess" Revisited, J.B. Ruhl Jan 1988

Finding Federalism In The Admiralty: "The Devil's Own Mess" Revisited, J.B. Ruhl

Vanderbilt Law School Faculty Publications

The federalism aspect of the United States Supreme Court's admiralty jurisprudence has long been adrift.' No feature of admiralty law illustrates the Court's difficulties in this regard better than maritime wrongful death remedies. From the beginning of the Court's involvement with maritime wrongful death remedies in The Harrisburg to its most recent decision on the subject in Offshore Logistics v. Tallentire, the Court's jurisprudence in this area has been characterized by inconsistency.


The Law Of Piracy: The United States Of America And The Law Of Piracy, Alfred P. Rubin Jan 1988

The Law Of Piracy: The United States Of America And The Law Of Piracy, Alfred P. Rubin

International Law Studies

No abstract provided.


The Law Of Piracy: British Practice In The Nineteenth Century, Alfred P. Rubin Jan 1988

The Law Of Piracy: British Practice In The Nineteenth Century, Alfred P. Rubin

International Law Studies

No abstract provided.


The Law Of Piracy: Table Of Contents, Alfred P. Rubin Jan 1988

The Law Of Piracy: Table Of Contents, Alfred P. Rubin

International Law Studies

No abstract provided.


Forward And Preface Jan 1988

Forward And Preface

International Law Studies

No abstract provided.


Recent Development, Christopher A. Walker Jan 1988

Recent Development, Christopher A. Walker

Vanderbilt Journal of Transnational Law

On February 28, 1985, the United States Environmental Protection Agency (EPA or Agency) proposed rules governing the incineration of liquid organic hazardous wastes at sea. By providing specific criteria governing at-sea incineration' the proposed rules would modify the provisions of the Ocean Dumping regulations. After more than a year of discussions among waste handlers, the EPA, and citizen and environmental groups over the merits and risks of at-sea incineration the EPA promulgated the rules. The EPA's rulemaking process drew an immediate and heated response from the public, and attracted the attention of several Congressional committees. Three years after proposing the …


The Law Of Piracy: The Origins, Alfred P. Rubin Jan 1988

The Law Of Piracy: The Origins, Alfred P. Rubin

International Law Studies

No abstract provided.


The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis Jan 1988

The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis

UIC Law Review

No abstract provided.


A Comparison Of Soviet And American Maritime Arbitration, Timothy A. Power Jan 1988

A Comparison Of Soviet And American Maritime Arbitration, Timothy A. Power

Vanderbilt Journal of Transnational Law

Maritime arbitration has a long history both in the United States, where it dates from the late 19th century, and in the Soviet Union, where the permanent arbitration body known as the Maritime Arbitration Commission (MAC or Commission) has existed since 1930. Although both countries have similar procedures for maritime arbitration, the history, ideology, and commercial goals of each country have created systems that differ markedly in approach and style. The American experience has fostered an ad hoc system where the parties establish arbitration panels as disputes arise and where the parties have almost unlimited discretion in choosing arbitrators and …


Legislation Applying In Somalia Offshore Waters, Sabrie Jan 1988

Legislation Applying In Somalia Offshore Waters, Sabrie

World Maritime University Dissertations

No abstract provided.


The Law Of Piracy: Appendices, Alfred P. Rubin Jan 1988

The Law Of Piracy: Appendices, Alfred P. Rubin

International Law Studies

No abstract provided.


The Law Of Piracy: Abbreviations, Alfred P. Rubin Jan 1988

The Law Of Piracy: Abbreviations, Alfred P. Rubin

International Law Studies

No abstract provided.


The Law Of Piracy: Bibliography, Alfred P. Rubin Jan 1988

The Law Of Piracy: Bibliography, Alfred P. Rubin

International Law Studies

No abstract provided.


The Law Of Piracy: "Piracy" In The Twentieth Century, Alfred P. Rubin Jan 1988

The Law Of Piracy: "Piracy" In The Twentieth Century, Alfred P. Rubin

International Law Studies

No abstract provided.


The Law Of Piracy: Index, Alfred P. Rubin Jan 1988

The Law Of Piracy: Index, Alfred P. Rubin

International Law Studies

No abstract provided.