Law Commons^™

Federalism In The Americas In Comparative Perspective, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.

Intellectual Property Right Protections In The Republic Of China: Biotechnology And Pollution Control, Joi Cary

Buffalo Journal of International Law

No abstract provided.

Gilding The Iron Rice Bowl: The Illusion Of Shareholder Rights In China, Matthew D. Latimer

Washington Law Review

In the late 1970s, the People's Republic of China (P.R.C.) embarked upon a program of economic reform that has resulted in the issuance of equity securities in previously state-owned enterprises. with the recent advent of national stockmarkets, national securities legislation is emerging to supplement and further define prior local-level regulation. Despite these new laws, however, private investors still lack many of the protections enjoyed by investors in Western financial markets. This Comment examines these disparities and suggests that non-state investors in China's nascent financial markets still lack an effective means of overseeing the policy decisions of State-owned corporations and face …

Some Effects Of European Law On English Administrative Law, Yvonne Cripps

Indiana Journal of Global Legal Studies

In this article, Dr. Cripps discusses how European law has

affected English law in recent decades, particularly with regard to

the constitutional supremacy enjoyed by the English legislative

branch. She notes the reception by English judges of concepts of

legitimate expectation and proportionality previously recognized in

some European Community nations. Dr. Cripps predicts that the

English bench will be increasingly willing to take European law

into account in their decisionmaking.

European Law: Thinking About It And Teaching It - An Introduction To The Symposium (Dimensions Of European Union Law: A Symposium), David J. Gerber

All Faculty Scholarship

No abstract provided.

Involuntary Commitment And The Use Of Seclusion And Restraint In Uruguay: A Comparison With The United Nations Principles For The Protection Of Persons With Mental Illness, Angelika C. Moncada

University of Miami Inter-American Law Review

No abstract provided.

Thailand's Board Of Investment: Towards A More Appropriate And Effective Rural Investment Promotion Policy, Michael L. Shain

Washington International Law Journal

This Comment analyzes the role of Thailand's Board of Investment in the Thai Government's policy of decentralizing its economy. The Board of Investment is the administrative agency authorized to promote industrial development through the use of investment incentives. In response to the decentralization policy, the Board has created new categories of investment and a new set of upgraded incentives designed to encourage industrial investment in the country's rural provinces. The potential effectiveness of the Board's role, however, is limited. Recent changes in Thailand's tax and trade policy have seriously diminished the value of the Board's fiscal incentives, the backbone of …

China's Gatt Bid: Why All The Fuss About Currency Controls, Chris Brown

Washington International Law Journal

China did not succeed in its bid to join the General Agreement on Tariffs and Trade (GATT) during the Uruguay Round. A key stumbling block was China's mechanism of exchange rate controls. From the mid-1980s to the end of 1993, China used a dual-rate currency mechanism, administering these rates through a loose network of about 100 exchange centers ("swap centers"). The swap centers helped to create partial convertibility of the Chinese currency and were instrumental in creating incentives for China's exporters and in attracting foreign investment. However, the swap centers also caused trade conflicts with the U.S. and within GATT. …

When Body Is Soul: The Proposed Japanese Bill On Organ Transplantations From Brain-Dead Donors, David Forster

Washington International Law Journal

Organ transplantations from brain-dead donors have been de facto prohibited in Japan since 1968. Buddhism, Shintoism, the Japanese concept of personhood, Japanese medical and hospital practices, the police, and the Patient's Rights Conference have all contributed to this situation. However, consensus has been growing in Japanese society and government that these operations should be legalized. The Diet began considering a proposed bill to this end on April 12, 1994. This comment argues that the bill ought to be passed. If passed, this bill will save the lives of many Japanese, it will end the difficulties Japanese currently encounter going overseas …

An Agenda For Revising The Taxation Of Philanthropy In Japan, Koji Ishimura

Washington International Law Journal

As the size and scope of Japan's philanthropic activities have grown, so has the need to re-examine Japan's tax policies with regards to charitable giving and volunteerism. In particular, there is a need to review the classification of tax-exempt entities under the Corporate Tax Law to ensure that only bona fide non-profit activities are tax-exempt. Japan should also explore new tax incentives to encourage volunteerism, such as allowing deductions for out-of-pocket expenses incident to charity work, carryovers, and a liberalization of Japan's current system for specific itemized deductions. Finally, Japan's tax policies should be used to encourage more cross-border philanthropy …

Revision Of The Japanese Patent And Utlility Model System, Nobuo Monya, Marvin Motsenbocker, Hiroki Mitsumata

Washington International Law Journal

As part of the international harmonization of industrial property rights, in the summer of 1992 a U.S. advisory committee published recommendations concerning revisions to the patent system. The Industrial Property Council of Japan also published a report at the end of 1992 concerning revisions to the patent law and utility model law. Soon thereafter the U.S. administration in Washington changed, and the U.S. position on patent law harmonization became unclear. Japan, however, enacted its report into legislation. Japan revised the relevant parts of its Patent Law (Law No. 26 of 1993) on April 16, 1993, and the revisions were promulgated …

Vagueness And Enforceability: Potential Problems Of The 1991 Thai Trademark Act, Sakda Thanitcul

Washington International Law Journal

In 1991, Thailand adopted a new Trademark Act, which, among other goals, increased protection of trademark and service mark agreements. However, enforcement of these new rules has not been clearly defined. In the first portion of this article, the author examines the new rules for trademark agreements in Thailand. These rules give extensive discretion to the Thai Registrar, yet have potential problems in enforcing standards such as quality control. The next section examines Thai public policy, and analyzes how other industrialized nations enforce their policies on trademarks. Finally, the article recommends that Thailand increase quality control, and more carefully define …

Hail Britannia?: Institutional Investor Behavior Under Limited Regulation, Bernard S. Black, John C. Coffee Jr.

Michigan Law Review

The two authors of this article have been on opposite sides of this debate, but both recognize that no single explanation is complete and that other factors, such as the self-interest of fund managers, the conflicts of interest faced by institutions who want to retain corporate business, cultural forces, collective action problems, and what we can call path dependence- the difficulty of changing the structure and behavior of highly evolved and specialized institutions - have causal roles in explaining shareholder passivity. The central question in research on American corporate governance is how these forces interact to produce the characteristic …

A Comparative Study Of The Formation And Development Of Air & Water Pollution Control Laws In Taiwan And Japan, Chao-Chan Cheng

Washington International Law Journal

Taiwan and Japan have faced similar environmental problems at comparable stages in their economic development, and have passed through similar stages in the development of their systems of environmental law. Three phases in the development of environmental law making are distinguished: preparatory, formative and developed. This article compares the relative progress of Taiwan and Japan through these stages, and suggests that Taiwan may benefit by studying Japan's analogous prior experiences with pollution prevention and environmental law.

Dealing With The Hate: The Changing Face Of German Asylum Law, Steven Edward Grubb

Penn State International Law Review

No abstract provided.

The Development Of China's Environmental Diplomacy, Cai Shouqiu, Mark Voigts

Washington International Law Journal

Over the past decade, activities in the area of international environmental diplomacy have increased. China in particular has increased its efforts to help the global environmental situation, in conjunction with its role as a leader among the rest of the developing world. This essay examines China's historical environmental situation, and presents some of the factors that have influenced, and will continue to motivate, China's environmental decision making.

Environmental Impact Assessments For Major Construction Projects In Taiwan: Problems And Solutions, Ming-Shen Wang, Gow-Liang Huang

Washington International Law Journal

Taiwan's environmental impact assessment (EIA) process offers little opportunity for genuine public participation, lacks systematic decision-making procedures, and inadequately evaluates and communicates perceptions of risk. This article examines EIA models emphasizing public participation, as well as contemporary theories of conflict management and risk communication, in terms of their potential application towards a restructuring of Taiwan's EIA process.

The Current Status Of Environmental Protection In Taiwan, Lung-Sheng Chang

Washington International Law Journal

Presented by the author as the Keynote Speech of the ROC/US Environmental Law and Management Conference, this piece outlines the formal approaches to environmental control being taken by the Republic of China. It presents in sequence the objectives, strategies, principles, current measures and future emphases of environmental protection efforts—all of which are applicable in varying degrees to government, private enterprise, and the general public. This piece, in presenting an administrative perspective, establishes a context for the analytical articles in this issue.

The Environmental Laws And Policies Of Taiwan: A Comparative Law Perspective, Dennis Te-Chung Tang

Washington International Law Journal

This Article discusses the development of environmental regulation and preservation in Taiwan in light of United States environmental law. The Article begins with a discussion of how few measures have been enacted to protect the Taiwanese environment. It then illuminates some of the problems with the Taiwanese environmental regulations that do exist. According to the author, some of these problems include: ambiguous and conflicting goals enunciated in the legislation; political pressures on the authorities influencing environmental policies; poor enforcement mechanisms; a legislative bias in favor of regulating new sources of pollution and against enforcing regulations in the case of old …

"Am I, By Law, The Lord Of The World?": How The Juristic Response To Frederick Barbarossa's Curiosity Helped Shape Western Constitutionalism, Charles J. Reid Jr.

Michigan Law Review

A Review of The Prince and the Law, 1200-1600: Sovereignty and Rights in the Western Legal Tradition by Kenneth Pennington

Strings Attached--Violin Fraud And Other Deceptions, Carla J. Shapreau

Michigan Law Review

A Review of Violin Fraud: Deception, Forgery, Theft, and the Law by Brian W. Harvey

Emerging From Emergency: Human Rights In South Africa, Etienne Mureinik

Michigan Law Review

A Review of In a Time of Trouble: Law and Liberty in South Africa's State of Emergency by Stephen Ellmann

Recent Developments In Biodiversity Case Study: Ecuador, Suzanne A. Cruse

Buffalo Journal of International Law

No abstract provided.

The Czech Republic And Slovakia: Foreign Participation In Changing Economics, Sarah Andrus

UC Law SF International Law Review

The Czech Republic and Slovakia have rapidly enacted legislation in an effort to create positive investment climates. In 1992, what was then Czechoslovakia, or the Czech and Slovak Federal Republic, enacted a comprehensive Commercial Code. After the country split, the Czech Republic and Slovakia maintained the Commercial Code and since have also improved their taxation systems. This Note explores the evolution of their investment legislation since 1988 and discusses the effect that the separation of the Czech and Slovak Federal Republic has had on investment in the two countries. The Note concludes that although the economies of the Czech Republic …

Judging The East Timor Dispute: Self-Determination At The International Court Of Justice, Gerry J. Simpson

UC Law SF International Law Review

In this Article, the author discusses the likely approach of the International Court of Justice to the issue of self-determination for East Timor in the forthcoming case between Portugal and Australia. To this end, the substantive jurisprudence of the Court will be outlined in the area of self-determination. Initially, the existence of a right to selfdetermination is established at international law (and in the work of the Court). Next the application of this principle to East Timor is considered. Third, potential qualifications on this right are discussed. Finally, an inquiry is made into the legal relationship between the people claiming …

Tropical Forests And Trade Policy: The Legality Of Unilateral Attempts To Promote Sustainable Development Under The Gatt, Brian F. Chase

UC Law SF International Law Review

The troubled relationship between tropical forests and trade policy underscores the broader tension that exists between freer world trade and global environmental protection. Tropical forests are disappearing at alarming rates, yet the international community seems largely unwilling or unable to act. Consequently, individual countries in recent years have shown an increasing willingness to fill this void by imposing environmentally motivated trade restrictions on tropical timber products. In this Article, the author examines the legality under GATT of these unilateral attempts, which have the twin aims of preventing tropical deforestation and promoting sustainable development. The author argues that most current unilateral …

Secured Transactions In Poland: Practicable Rules, Unworkable Monstrosities, And Pending Reforms, Lech Choroszucha

UC Law SF International Law Review

In an effort to facilitate development of a free market system and attract foreign investment, Poland has embarked on a program to privatize its banking industry. Consequently, there has been considerable international interest in entering the Polish banking market. The ability to secure credits will play an important role in a foreign bank's decision of whether to launch Polish operations. Unfortunately, current Polish secured transactions laws are inadequate and do not offer the same legal protection as do laws in the West. The Polish Civil Law Reform Commission has recognized a need to reform secured transactions laws and has prepared …

Privatization In Brazil, Jose Luis De Salles Freire, Jose Emilio Nunes Pinto

UC Law SF International Law Review

No abstract provided.

Terrorism, Territorial Sovereignty, And The Forcible Apprehension Of International Criminals Abroad, Jimmy Gurule

UC Law SF International Law Review

In United States v. Alvarez-Machain, 112 S. Ct 2188 (1992), the United States Supreme Court held that the nonconsensual abduction of a Mexican citizen from Mexican territory by U.S. law enforcement officers did not violate the U.S.-Mexico extradition treaty. The Supreme Court reaffirmed the long-standing Ker-Frisbie doctrine that jurisdiction over the defendant is not impaired when the defendant is forcibly abducted abroad and is brought before the court, and upheld the Court's jurisdiction over respondent Alvarez- Machain.

The Alvarez-Machain decision has sparked a firestorm of international controversy. The opinion has been denounced by foreign governments throughout Latin America and widely …

Compensation For Japan's World War Ii War-Rape Victims, Karen Parker, Jennifer F. Chew

UC Law SF International Law Review

Approximately 200,000 women were tricked or abducted into slavery to provide sexual services for the Japanese Imperial Army during World War II. After nearly fifty years of silence, a growing number or these war-rape victims have come forward publicly to tell their stories. The authors describe this scheme that was established by the Japanese government and Imperial Army. The authors argue that the scheme violated fundamental principles of international law, thus attaching a right to compensation for the violations. The authors present current initiatives before the United Nations to address the issue of compensation. Examples of viable compensation schemes are …