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Full-Text Articles in Law
Doing Business With The People's Republic Of China: The Role Of Foreign Lawyers, Jamie P. Horsley
Doing Business With The People's Republic Of China: The Role Of Foreign Lawyers, Jamie P. Horsley
Michigan Journal of International Law
This article describes the nature of a legal practice involving business transactions with entities in the P.R.C. and the role of the foreign, or non-national, lawyer in such transactions. Part I focuses on the increasing volume of Chinese legislation and international agreements affecting foreign trade and investment in the P.R.C., and the difficulties of keeping abreast of and interpreting this recent legislation. Part II examines the role of foreign lawyers in Chinese business transactions. It also discusses the need for competence in the Chinese language, practical problems encountered in practicing in the P.R.C., and the use of local Chinese counsel. …
A Statutory Analysis Of The Right Of U.S. Lawyers To Practice In Japan, Cecelia Norman
A Statutory Analysis Of The Right Of U.S. Lawyers To Practice In Japan, Cecelia Norman
Michigan Journal of International Law
This note argues that the JFBA's position is legally untenable. There is no legal bar to the establishment of firms by U.S. attorneys unlicensed to practice in Japan, provided they restrict their activities to advising non-Japanese companies on foreign and international law. Two central issues shape this debate: (1) the extent of the bengoshi monopoly conferred by the Lawyer Law; and (2) the scope of Japan's obligation to the United States under the Treaty of Friendship, Commerce, and Navigation (FCN Treaty) concluded in 1953.
A Federal Bar For Foreign Lawyers, Christopher J. Caywood
A Federal Bar For Foreign Lawyers, Christopher J. Caywood
Michigan Journal of International Law
Part I of this note presents the case for a national bar to regulate foreign lawyers. National regulation would likely enable the United States to conclude reciprocity agreements with foreign nations that would enhance the treatment of U.S. attorneys abroad. It would also benefit the American public by increasing the availability of legal expertise on foreign and international law, and encouraging international trade in services. Part II addresses potential objections to a federal bar regulating foreign lawyers. Part A examines state and local bar associations' concerns regarding the maintenance of adequate levels of legal and ethical competence. It argues that …
Legal Services And The Emergence Of A Service Economy: Practical And Theoretical Considerations, Richard Self
Legal Services And The Emergence Of A Service Economy: Practical And Theoretical Considerations, Richard Self
Michigan Journal of International Law
Perhaps the most difficult question facing legal professional associations is how to treat outsiders, particularly attorneys from foreign countries. The issue has become more acute as the growth of international trade and investment has led attorneys, following their clients, to attempt to establish themselves permanently in foreign legal jurisdictions. In fact, over the past three years the problem of transnational legal practice has, at least between the United States and Japan, become a trade issue in its own right. As U.S. lawyers attempt to tear down Japanese barriers against foreign legal "consultants," foreign attorneys in the United States struggle against …
The Role Of The Western Lawyer In East-West Transactions, Jeffrey M. Hertzfeld
The Role Of The Western Lawyer In East-West Transactions, Jeffrey M. Hertzfeld
Michigan Journal of International Law
This article identifies and analyzes the special areas which the Western lawyer must consider when advising a client regarding an East-West transaction. These areas, although interrelated, have been categorized for clarity and ease of analysis. Part I outlines approaches for dealing with the legal and economic environment in which business negotiations are conducted. It describes the practical knowledge that lawyers must possess in order to help clients gain access to non-market countries. It also explains the process of identifying and understanding the roles and duties of various parties in Eastern countries. Part II discusses the structuring of contract negotiations in …
The Role Of Law And Lawyers In Japan And The United States, Isaac Shapiro, Michael K. Young
The Role Of Law And Lawyers In Japan And The United States, Isaac Shapiro, Michael K. Young
Michigan Journal of International Law
The issues raised in connection with delivery of legal services in Japan are complex and best understood against the backdrop of the development of the legal profession in Japan. Part I of this article discusses the history of the Japanese legal profession, especially its recent history. Part II shows how this development has shaped the issues in the current dispute. It recounts the development of the dispute, the arguments that have been made on the Japanese and American sides, and the course of the negotiations over legal services as part of the Japan-U.S. trade agenda. This article concludes with a …
Annex: Provisional Regulations On Lawyers Of The People's Republic Of China, Michigan Journal Of International Law
Annex: Provisional Regulations On Lawyers Of The People's Republic Of China, Michigan Journal Of International Law
Michigan Journal of International Law
To some Western readers, the function of Chinese lawyers as described in translations of the Provisional Regulations will appear comparable to the function of lawyers in the United States and many Western European countries. In at least one news release following enactment of the law, however, the government of the People's Republic of China denied any apparent similarity. A reprint of the Regulations and the Chinese Government's position as published in the Renmin Ribao, the official government newspaper, follows.-eds.
The Practice Of Law By Foreign Lawyers In The Sultanate Of Oman, J. H. A. Mchugo
The Practice Of Law By Foreign Lawyers In The Sultanate Of Oman, J. H. A. Mchugo
Michigan Journal of International Law
This article discusses the practice of foreign commercial lawyers operating through branch offices of foreign firms in the Sultanate of Oman. In order to see how the present situation has developed, it is necessary to consider the particular circumstances of modern Oman. Part I outlines some important aspects of Oman's history. Part II focuses on the development of the Omani legal and judicial system since 1970 with regard to commercial law. Finally, part III examines the practice of the foreign lawyer operating in Oman, and illustrates the kind of legal work which he may carry out.
Legal Practice Shaped By Loyalty To Tradition: The Case Of Saudi Arabia, Carolyn R. Ruis
Legal Practice Shaped By Loyalty To Tradition: The Case Of Saudi Arabia, Carolyn R. Ruis
Michigan Journal of International Law
This note employs Saudi Arabia as an example of an Islamic country that has retained its religious traditions while being forced by economic necessity to adopt some Western commercial practices. Part I reviews the legal system of Saudi Arabia, highlighting the major differences and similarities between it and Western commercial law. Part II considers the legal requirements and cultural norms which Western attorneys should be prepared to observe while practicing in a traditional Islamic society. It suggests that strict adherence to custom and the Saudi Government's recent attempts to strengthen restrictions on both the professional and personal lives of expatriates …
Obstacles To The Implementation Of The Treaty Of Rome Provisions For Transnational Legal Practice, Gerald L. Greengard
Obstacles To The Implementation Of The Treaty Of Rome Provisions For Transnational Legal Practice, Gerald L. Greengard
Michigan Journal of International Law
This note argues that the Treaty of Rome has had, and will continue to have, little impact on legal practitioners within the European Community. Part I examines Community barriers to transnational legal practice among the EC nations. It looks first at the history and shortcomings of the 1977 Directive on Freedom of Lawyers to Provide Services. It then describes the effect of the failure of the Council of the European Community to enact a directive mandating mutual recognition of legal degrees. It concludes that neither the Council nor the European Court of Justice is likely to eliminate existing Community-wide barriers …
Gatt As A Framework For Multilateral Negotiations On Trade In Legal Services, Dean N. Menegas
Gatt As A Framework For Multilateral Negotiations On Trade In Legal Services, Dean N. Menegas
Michigan Journal of International Law
While a number of commentators have discussed the adaptability of the GATT to problems of trade in services, none have specifically addressed its applicability to lawyering or other professional services. Part I considers the GATT's progress on services issues to date. Part II identifies and classifies the barriers to transnational legal practice. Part III explores the possibility of liberalizing many of these barriers through the application of GATT substantive concepts and the use of GATT procedural mechanisms.