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Articles 91 - 120 of 127
Full-Text Articles in Law
A Bad Time For Civil Liberties, Anthony Lewis
A Bad Time For Civil Liberties, Anthony Lewis
Annual Survey of International & Comparative Law
The author delivered these remarks on March 31, 1998 at Golden Gate University School of Law. His visit was sponsored by the Helzel Family Foundation.
The Right To Education In The United States: Beyond The Limits Of The Lore And Lure Of Law, Roger J.R. Levesque
The Right To Education In The United States: Beyond The Limits Of The Lore And Lure Of Law, Roger J.R. Levesque
Annual Survey of International & Comparative Law
The author argues that U.S. as well as international law on educational rights needs to incorporate an important, but heretofore neglected, dimension. U.S. legislation and court decisions, as well as existing international instruments on educational rights focus chiefly on educational access and assign responsibility and authority over educational content and methods almost exclusively to the state and parents. The ideas, concerns and wishes of the young people being educated remain largely unacknowledged and disregarded. The author maintains that only to the extent our understanding of educational rights is rethought to include "youth's self-determination of education for citizenship" can we expect …
Yakuza: The Warlords Of Japanese Organized Crime, Lt. Bruce A. Gragert
Yakuza: The Warlords Of Japanese Organized Crime, Lt. Bruce A. Gragert
Annual Survey of International & Comparative Law
The power of the yakuza, Japan's legendary crime syndicates, reaches into all areas of Japan's economic life and politics. Composed of some 3,000 separate, tightly-knit gangs, with over 80,000 members, the yakuza survive despite Japan's 1992 Anti-gang law and other government measures. While the range of their traditional activities has been somewhat reduced, they have compensated by turning to more sophisticated types of crime and by expanding their operations abroad - mostly to Southeast Asia, parts of Latin America, and the U.S. Estimates of their annual income from criminal activities and their 25,000 legitimate "front" organizations run to as high …
Transboundary Water Pollution And State Responsibility: The Sandoz Spill, Astrid Boos-Hersberger
Transboundary Water Pollution And State Responsibility: The Sandoz Spill, Astrid Boos-Hersberger
Annual Survey of International & Comparative Law
No abstract provided.
The New Legal Status Of The Bulgarian Prosecutor's Office, Ekaterina Panayotova Trendafliova-Batchvarova
The New Legal Status Of The Bulgarian Prosecutor's Office, Ekaterina Panayotova Trendafliova-Batchvarova
Annual Survey of International & Comparative Law
No abstract provided.
Conflicts Between International Trade And Multilateral Environmental Agreements, Annick Emmenegger Brunner
Conflicts Between International Trade And Multilateral Environmental Agreements, Annick Emmenegger Brunner
Annual Survey of International & Comparative Law
No abstract provided.
The Unidroit Principles And Nafta, Jorge Adame
The Unidroit Principles And Nafta, Jorge Adame
Annual Survey of International & Comparative Law
While NAFTA has set the public-policy stage for free trade, it still lacks a non-national law with which to resolve disputes arising from international contracts. The author points out that among the challenges involved in developing an international law on contracts is a merging of the Common Law and Roman Law traditions. He examines the Principles of International Commercial Contracts, published in 1994 by the International Institute for the Unification of Private Law (UNIDROIT), and finds in them the most promising available starting point for building the needed theory and corpus of international contact law. The author also sees a …
Trips Agreement Implications For Asean Protection Of Computer Technology, Marie Wilson
Trips Agreement Implications For Asean Protection Of Computer Technology, Marie Wilson
Annual Survey of International & Comparative Law
The new Trade-Related Aspects of Intellectual Property Agreement (the TRIPs Agreement), a result of the recent General Agreement of Tariffs and Trade (GATT) Uruguay Round, represents a major step toward providing the global trading system with more effective rules and enforcement procedures for the protection of all forms of intellectual property. The author presents a comprehensive analysis of the TRIPs Agreement requirements and of their ramifications for intellectual property protection and enforcement in the Association of East Asian Nations (ASEAN). The paper concludes with an assessment of the future ofcomputer technology protection in the ASEAN countries.
Intellectual Property Law In China: Basic Policy And New Developments, Naigen Zhang
Intellectual Property Law In China: Basic Policy And New Developments, Naigen Zhang
Annual Survey of International & Comparative Law
In recent years, Sino-U.S. trade-related disputes over protection of intellectual property rights have raised concerns about China's intention to enforce its intellectual property laws. In order to gain a reasonable view on this issue, this article focuses on Chinese basic policies to enforce intellectual property laws and on some important new developments. Part I presents a discussion of China's constitutional principles for the protection of intellectual property rights. Part II and III describe China's Customs Regulation and judicial enforcement of intellectual property laws.
Volume Iv Masthead
Annual Survey of International & Comparative Law
No abstract provided.
Preparing For The Pacific Century: Fostering Technology Transfer In Southeast Asia, Jeffrey J. Blatt, Phillip H. Miller
Preparing For The Pacific Century: Fostering Technology Transfer In Southeast Asia, Jeffrey J. Blatt, Phillip H. Miller
Annual Survey of International & Comparative Law
This article discusses a number of considerations that are central to structuring a successful technology transfer or investment in Southeast Asia. Most of the discussion examines these considerations from the perspective of an MNC that is a potential technology transferor, investor, or vendor in the region. However, this article should also be of interest to those responsible for formulating government policies to encourage technology transfer, since it is important to do so with the MNC's perspective in mind. Clearly, for a technology transfer to be successful over the long term, a balance must be achieved between the goals of the …
Transfer Pricing: Achieving Fair National Taxation Of International Transactions, Pamela L. Kayfetz, Leo B. Helzel
Transfer Pricing: Achieving Fair National Taxation Of International Transactions, Pamela L. Kayfetz, Leo B. Helzel
Annual Survey of International & Comparative Law
This article will examine the significance of transfer pricing. Further, it will review, as an example, the current national and international systems and procedures for identifying and capturing tax lost due to inaccurate transfer pricing used by two countries: the United States, as the originator and developer of much of the transfer pricing methodology, and Japan, one of the countries most actively involved in the regulation of transfer pricing and also a major trading partner of the United States. It will include a brief analysis of current issues and possible solutions to transfer pricing.
Transfer Pricing Solutions In The Global Economy, Sandra Reid Robertson
Transfer Pricing Solutions In The Global Economy, Sandra Reid Robertson
Annual Survey of International & Comparative Law
This paper will provide a brief history of the problems which transfer pricing issues have caused for both international companies and taxing jurisdictions. It will also examine efforts by the United States tax system to remedy this two-sided problem. The United States has primarily attempted to deal with the problem from its fiscal perspective, the underpayment of United States income tax by foreign companies through transfer pricing abuse. The double taxation problem for taxpayers has an effective, albeit cumbersome, solution in the competent authority process. However, the very fact that double taxation problems still exist, suggests the need for more …
A Study Of The Significant Aspects Of German Contract Law, Manfred Pieck
A Study Of The Significant Aspects Of German Contract Law, Manfred Pieck
Annual Survey of International & Comparative Law
No abstract provided.
The Environmental Law System Of The Federal Republic Of Germany, Monika T. Neumann
The Environmental Law System Of The Federal Republic Of Germany, Monika T. Neumann
Annual Survey of International & Comparative Law
This paper presents a general overview of German environmental law, its principles, and its implementation. It briefly touches on the cultural and historical contexts in which this field of law evolved, as well as on its underlying policy. Being located in the center of Europe, Germany is tied into several systems of international relationships - regional, European, and global - that have to be examined with regard to their impact on German environmental law. Within the scope of this paper, the complex system of the legal obligations produced by these international relationships and German environmental law itself, consisting as it …
Africa And The Environment, Christian N. Okeke
Africa And The Environment, Christian N. Okeke
Annual Survey of International & Comparative Law
The point of departure for this paper is the conviction that the major questions and problems, so often dismissed as "problems of the Third World" of which Africa occupies a central place, must be the starting point for the building of a system of international law, and indeed, are the bases upon which the discipline can come to terms with itself in the context of present-day realities. Thus, this attempt to examine environmental law from the point of view of decolonization and development will be deliberately restricted to the African area. This necessitates the placing of Africa very close to …
The Right Of Secession As A Human Right, Alexander Martinenko
The Right Of Secession As A Human Right, Alexander Martinenko
Annual Survey of International & Comparative Law
After four decades of relative stability, the modern international system finds itself face to face with an old problem, a problem resulting from two of the major developments of our time: the breakdown of the "world socialist system" and the disappearance of its leader, the Union of Soviet Socialist Republics (hereinafter USSR) itself. Both events were welcomed by the international community because they ended the danger of a confrontation between West and East. But at the same time they revived the world's old troubles with disintegrated states. The USSR and Yugoslavia have collapsed and the world has seen the peaceful …
A Note On The Right Of Secession As A Human Right, Christian N. Okeke
A Note On The Right Of Secession As A Human Right, Christian N. Okeke
Annual Survey of International & Comparative Law
This note examines first, the conditions that give rise to secession; next, the old and new normative framework and constitutional law and the attitude of states to secession; arguments for and against secession and new trends on the issue of secession; and the practical significance of the provision of the right of secession in the constitutions of the former Union of Soviet Socialist Republics (hereinafter U.S.S.R.), and the provision of the right to secession in the Constitution of the Ukrainian Republic (hereinafter U.R.).
Volume Iii Masthead
Annual Survey of International & Comparative Law
No abstract provided.
Implementation Of International Human Rights Norms In Ukrainian Legislation, Myroslava Antonovych
Implementation Of International Human Rights Norms In Ukrainian Legislation, Myroslava Antonovych
Annual Survey of International & Comparative Law
No abstract provided.
Lex Mercatoria In European And U.S. Trade Practice: Time To Take A Closer Look, Barton S. Selden
Lex Mercatoria In European And U.S. Trade Practice: Time To Take A Closer Look, Barton S. Selden
Annual Survey of International & Comparative Law
This is an expanded version of the talk presented at the Fifth Annual Fulbright Symposium on International Legal Problems, Fourth Regional Meeting of the American Society of International Law, "Current Developments in International Trade Cooperation and the Protection of the Environment and Human Rights," held on March 17, 1995, at Golden Gate University School of Law in San Francisco. Edited by Jeffrey A. Chen .
The New Lex Mercatoria, Francesco Galgano
The New Lex Mercatoria, Francesco Galgano
Annual Survey of International & Comparative Law
We live in a post-industrial era. We learn this from sociologists who demonstrate it by showing the index of the number of industrial employees is lower than that of service employees, thus, a transition from an industrial to a post-industrial era. The United States was the first to pass this point in 1956, while Italy passed it in 1982. Post-industrial society is not just a society of automation. The prefix "post" implies other aspects as well. Besides an industrial society there is also a financial society. What is new is not only how the goods are produced (with machines controlled …
An International Legal Framework For Forest Management And Sustainable Development, Emmanuel B. Kasimbazi
An International Legal Framework For Forest Management And Sustainable Development, Emmanuel B. Kasimbazi
Annual Survey of International & Comparative Law
This paper examines soft international law principles that regulate forest management. It proceeds from the 1972 Stockholm Conference on Human Environment as a major source of international environmental law and surveys major international customary law norms that have followed. The article ends with the Rio Declaration as the latest source of soft international environmental law. The discussion of the paper hinges on the strength and limitations of soft international law principles in regulating sustainable development of forests.
Work Environment And Women: U.S. Practice, Chioma Kanu Agomo
Work Environment And Women: U.S. Practice, Chioma Kanu Agomo
Annual Survey of International & Comparative Law
The aim is to show that reproductive health policies under present circumstances constitute a denial of equal rights to work granted to women since 1964, and therefore a denial of their human rights. It is also intended to show further that there is insufficient scientific evidence to support present policy, which is merely a pretext for shying away from the larger issue of safe and healthy environment for all workers and their families present and future.
International Human Rights And The Kurds, Dr. Amir A. Majid
International Human Rights And The Kurds, Dr. Amir A. Majid
Annual Survey of International & Comparative Law
This article analyses the Kurdish rebellion for autonomy, the actions of the Iraqi forces against them and the measures taken by the United Nations, the United States and other Coalition States to protect the Kurds in the aftermath of the January/February 1991 Gulf War. The International actions will be assessed in light of the present rules of International Law and, in particular, whether they contravene any provision of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
The United Nations Convention On The Rights Of The Child And United States Abortion Law, Sanford J. Fox
The United Nations Convention On The Rights Of The Child And United States Abortion Law, Sanford J. Fox
Annual Survey of International & Comparative Law
The ratification of treaties governing human rights often raises the question of whether obligations imposed by the treaty are compatible with the existing domestic law of the ratifying state. One common way of resolving such conflicts is for the State to avoid undertaking the inconsistent legal obligation by qualifying its acceptance of the treaty with a reservation, even when domestic law already provides for resolving such conflicts. Another measure that may be adopted, particularly where the treaty provision at issue is cast in general terms, is for the ratifying state to include a Declaration or an Understanding (RUD) with its …
South Africa: Building A Culture Of Law, Anthony Lewis
South Africa: Building A Culture Of Law, Anthony Lewis
Annual Survey of International & Comparative Law
No abstract provided.
Volume Ii Masthead
Annual Survey of International & Comparative Law
No abstract provided.
Current Trends In International Civil Liability For Environmental Damage, Peter Wetterstein
Current Trends In International Civil Liability For Environmental Damage, Peter Wetterstein
Annual Survey of International & Comparative Law
With the rapid technological and industrial development in the world and the increasing intercourse between countries and people - especially in the fields of technology and trade - the risks of environmental catastrophes with international, (i.e. transboundary) consequences increase all the time. This is, unfortunately, the price that our consumer society has to pay for its demands for a higher standard of living. There exists a conflict between technological progress and the environment.