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1987

Comparative and Foreign Law

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Articles 1 - 30 of 78

Full-Text Articles in Law

The Humane And Just Alternative For Canada, James C. Hathaway Sep 1987

The Humane And Just Alternative For Canada, James C. Hathaway

Articles

The essence of C-55 ignores the admonition of the Standing Committee that we must be "knowledgeable and sensitive to human rights issues rather than immigration issues. The determination decision is not an immigration matter but instead a decision as to who are Convention refugees in need of Canada's protection." In stark contrast, immigration authorities have spoken of the importance of refugee law reform as a means of "enabling us to continue our strategy of controlled growth in immigration to Canada." By speaking of refugees in the same breath as immigration policy, the department has effectively confused the privilege of immigration …


Agenda: Proceedings Of The Sino-American Conference On Environmental Law, University Of Colorado Boulder. Natural Resources Law Center Aug 1987

Agenda: Proceedings Of The Sino-American Conference On Environmental Law, University Of Colorado Boulder. Natural Resources Law Center

Proceedings of the Sino-American Conference on Environmental Law (August 16)

On August 16 through 18, 1987 a delegation of 10 Americans met with a 14-member Chinese delegation to compare the systems of environmental law in the two countries. The meetings were held on and near the campus of the University of Peking in Beijing, People's Republic of China. This program was the fruition of nearly three years of discussion, planning, and organization involving Dean Betsy Levin and the Natural Resources Law Center.

The keynote speaker was Qu Geping, Director of the Chinese National Environmental Protection Bureau (comparable to the Administrator of the U.S. Environmental Protection Agency). He spoke of the …


China’S Environmental Legislation And Current Issues, Dian Rong Luo Aug 1987

China’S Environmental Legislation And Current Issues, Dian Rong Luo

Proceedings of the Sino-American Conference on Environmental Law (August 16)

8 pages.


A Few Problems In Environmental Protection Legislation In China, Wei Min Wang Aug 1987

A Few Problems In Environmental Protection Legislation In China, Wei Min Wang

Proceedings of the Sino-American Conference on Environmental Law (August 16)

9 pages.


Environmental Policy And Legislation In China, Rui Lin Jin, Wen Liu Aug 1987

Environmental Policy And Legislation In China, Rui Lin Jin, Wen Liu

Proceedings of the Sino-American Conference on Environmental Law (August 16)

13 pages.


The General Policy Of Controlling The Environment Comprehensively To Make The Chinese Economy And Environment Gradually Develop In Harmony, Yan Liu Aug 1987

The General Policy Of Controlling The Environment Comprehensively To Make The Chinese Economy And Environment Gradually Develop In Harmony, Yan Liu

Proceedings of the Sino-American Conference on Environmental Law (August 16)

7 pages.


Development Of Chinese Environmental Management Structure, Zhu Zhong Jie Aug 1987

Development Of Chinese Environmental Management Structure, Zhu Zhong Jie

Proceedings of the Sino-American Conference on Environmental Law (August 16)

5 pages.


Air Protection And Energy Usage, Han Chen Wang Aug 1987

Air Protection And Energy Usage, Han Chen Wang

Proceedings of the Sino-American Conference on Environmental Law (August 16)

6 pages.


Enforcement Of Environmental Laws In China, Ma Xiang Cong Aug 1987

Enforcement Of Environmental Laws In China, Ma Xiang Cong

Proceedings of the Sino-American Conference on Environmental Law (August 16)

15 pages.


Chinese Species Resource And Protection Policy, Run Ao Li Aug 1987

Chinese Species Resource And Protection Policy, Run Ao Li

Proceedings of the Sino-American Conference on Environmental Law (August 16)

6 pages.


Environmental Policy Analysis Of Industrial Development In China, Li Kang Aug 1987

Environmental Policy Analysis Of Industrial Development In China, Li Kang

Proceedings of the Sino-American Conference on Environmental Law (August 16)

7 pages.


Hazardous Materials And Wastes In China: Management And Legislative Principles, Shi Qing Aug 1987

Hazardous Materials And Wastes In China: Management And Legislative Principles, Shi Qing

Proceedings of the Sino-American Conference on Environmental Law (August 16)

7 pages.


Establishment And Practice Of The Chinese Environmental Impact Assessment System, Dao Lian Lin Aug 1987

Establishment And Practice Of The Chinese Environmental Impact Assessment System, Dao Lian Lin

Proceedings of the Sino-American Conference on Environmental Law (August 16)

12 pages.


On “The Strategy For Nature Protection In China”, Cheng Zheng Kang Aug 1987

On “The Strategy For Nature Protection In China”, Cheng Zheng Kang

Proceedings of the Sino-American Conference on Environmental Law (August 16)

7 pages.


Water Pollution Control And Management In China, Xing Xiang Zhu Aug 1987

Water Pollution Control And Management In China, Xing Xiang Zhu

Proceedings of the Sino-American Conference on Environmental Law (August 16)

11 pages.


Dispute Resolution In China, Robert F. Utter Jul 1987

Dispute Resolution In China, Robert F. Utter

Washington Law Review

It gives me great pleasure to submit this essay as part of a tribute to Professor Luvern Rieke. I first met him in his initial year of teaching contracts at the University of Washington, when I was a beginning law student. We later worked together in a variety of contexts including ecumenical religious projects; matters concerning domestic relations subjects when I served on the King County Superior Court bench; and on the Judicial Council, where I served as a member of the Washington State Supreme Court. To each role he brought a unique combination of personal qualities: he was thoughtful, …


Questioning Litigation's Role-Courts And Class Actions In Canada, W. A. Bogart Jul 1987

Questioning Litigation's Role-Courts And Class Actions In Canada, W. A. Bogart

Indiana Law Journal

No abstract provided.


Medieval Universities, Germany And The United States: On Comparative Legal Education, Walter Otto Weyrauch May 1987

Medieval Universities, Germany And The United States: On Comparative Legal Education, Walter Otto Weyrauch

BYU Law Review

No abstract provided.


The Universal And The Particular In Legal Discourse, George P. Fletcher May 1987

The Universal And The Particular In Legal Discourse, George P. Fletcher

BYU Law Review

No abstract provided.


Birth Of A Nation: The Republic Of Palau Is Recognized As A Foreign Sovereign Under The Foreign Sovereign Immunities Act Of 1976-Morgan Guaranty Trust V. Republic Of Palau, 639 F. Supp. 706 (S.D.N.Y. 1986), Mark Christian Hendricks May 1987

Birth Of A Nation: The Republic Of Palau Is Recognized As A Foreign Sovereign Under The Foreign Sovereign Immunities Act Of 1976-Morgan Guaranty Trust V. Republic Of Palau, 639 F. Supp. 706 (S.D.N.Y. 1986), Mark Christian Hendricks

BYU Law Review

No abstract provided.


The Role Of Law And Lawyers In Japan And The United States, Masanobu Kato May 1987

The Role Of Law And Lawyers In Japan And The United States, Masanobu Kato

BYU Law Review

No abstract provided.


Freedom Of Speech, Melissa H. Maxman May 1987

Freedom Of Speech, Melissa H. Maxman

Michigan Law Review

A Review of Freedom of Speech by Eric Barendt


The Triumph Of Justice, Stephan Landsman May 1987

The Triumph Of Justice, Stephan Landsman

Michigan Law Review

A Review of The Affair: The Case of Alfred Dreyfus


Crime And The Courts In England 1660-1800, Frank C. Shaw May 1987

Crime And The Courts In England 1660-1800, Frank C. Shaw

Michigan Law Review

A Review of Crime and the Courts in England 1660-1800 by J.M. Beattie


Corporate Extortion In Japan: Sokaiya Endure Commercial Code Amendment, Dean L. Rostrom May 1987

Corporate Extortion In Japan: Sokaiya Endure Commercial Code Amendment, Dean L. Rostrom

BYU Law Review

No abstract provided.


The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross Feb 1987

The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross

Articles

In a recent article, The German Advantage in Civil Procedure,1 Professor John Langbein claims that the German system of civil litigation is superior to the American; in an earlier article he makes a parallel claim about German criminal procedure.2 Roughly, Professor Langbein argues that by comparison to the German process, American litigation is overly complex, expensive, slow, and unpredictable - in short, inefficient.3 Professor Langbein is not the first and will not be the last to criticize American legal institutions in these terms, but he expresses this criticism particularly well: he is concise and concrete, he describes American practice by …


The Foreign Sovereign Immunities Act: The Relationship Between The Commercial Activity Exception And The Noncommercial Tort Exception In Light Of De Sanchez V. Banco Central De Nicaragua, Stella Havkin Jan 1987

The Foreign Sovereign Immunities Act: The Relationship Between The Commercial Activity Exception And The Noncommercial Tort Exception In Light Of De Sanchez V. Banco Central De Nicaragua, Stella Havkin

UC Law SF International Law Review

Sovereign immunity permits a government and its agents to claim immunity from prosecution in the courts of other nations. In 1976 the United States enacted the Foreign Service Immunities Act adopting a restrictive sovereign immunity policy. This Act included two exceptions under which a foreign sovereignty can be denied immunity: the commercial activity exception and the noncommercial tort exception. The Fifth Circuit Court of Appeals in De Sanchez v. Banco Central de Mexico recently announced new tests to determine the application of both exceptions. This Note analyzes the two exceptions and their past interpretation by the courts. It then discusses …


The Role Of Contract Law In Developing The Chinese Legal Culture, David A. Hayden Jan 1987

The Role Of Contract Law In Developing The Chinese Legal Culture, David A. Hayden

UC Law SF International Law Review

The economic reforms initiated during the past decade in China have created an additional need for legal reforms. One reform which greatly affects commercial transactions between Chinese and foreign entities is the establishment of a legal framework for analyzing contractual relationships. This Article outlines some of the provisions of the Economic Contract Law, which governs contracts between Chinese entities, and the Foreign Economic Contract Law, which governs contracts used in foreign trade. After noting the interdependence of these laws, the author examines the treatment of several issues which are of great concern to foreign businesses, including choice of law, contract …


A Sewing Lesson In Political Offense Determinations: Stitching-Up The International Terrorist's Loophole, Douglas Kuber Jan 1987

A Sewing Lesson In Political Offense Determinations: Stitching-Up The International Terrorist's Loophole, Douglas Kuber

UC Law SF International Law Review

Extradition treaties and international conventions have often proved ineffective as remedies against terrorism due to the "political offenses" exception which they often contain. This exception forbids the granting of any extradition request when the crime for which the accused is sought is "political in character and purpose." Due to widely varying interpretations of this exception, terrorists often escape justice simply by traveling to another country. This Note examines the policies underlying the political offenses exception and sets forth the interpretations given it by British, French, Swiss and United States courts. Drawing upon the approaches of these courts and a United …


Soviet And American Law On Religion: Freedom Of Conscience Versus Free Exercise, Ellen Ruth Hornstein Jan 1987

Soviet And American Law On Religion: Freedom Of Conscience Versus Free Exercise, Ellen Ruth Hornstein

UC Law SF International Law Review

The Soviet and American bodies of law on religion are similar in some respects, despite drastically different ideological and political foundations. This Article compares Soviet and American law on religion. It first compares the common law system used by the United States to the civil law system of the Soviet Union. It next examines the politics, ideologies and traditions underlying Soviet and American law on religion and provides a general look at the rights afforded to individuals. The discussion highlights the similarities and differences between Soviet constitutional guarantees and American first amendment rights. It points out that the texts of …