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Articles 1 - 17 of 17
Full-Text Articles in Law
Tax Treatments For Distressed Bank Loans: A Comparative Study Of The United States And Japanese Legal Systems, Yo Ota
Washington International Law Journal
A number of commentators in Japan have argued that tax treatments for distressed bank loans seem to be more generous in Japan than in the United States, and that, in contrast to Japan, the United States does not allow any deduction for loan loss reserves. However, such arguments have not been based upon a careful analysis of case law and actual tax authority practices. This Article presents a comparative study of the tax treatments for distressed bank loans in the United States and Japan. It analyzes corporate income tax legislation, administrative practices and case law in the 1980s and 1990s …
Service Of United States Process In Russia Under Rule 4(F) Of The Federal Rules Of Civil Procedure, Tatyana Gidirimski
Service Of United States Process In Russia Under Rule 4(F) Of The Federal Rules Of Civil Procedure, Tatyana Gidirimski
Washington International Law Journal
When a potential Russian defendant is not present and cannot be served within the United States, U.S. litigants may be faced with the necessity of carrying out service of process in Russia. If the suit is brought in a U.S. district court, Rule 4(f) of the Federal Rules of Civil Procedure will govern service of process. Although Rule 4(f) provides a number of options for service of process abroad, only two of these options can be used to serve process in Russia. First, service may be done through a letter of request. In fact, Russian law requires foreign service of …
Implications Of Singapore's Income And Consumption Tax Policies On International E-Commerce Transactions Of Digitized Products, Neal Harold Luna
Implications Of Singapore's Income And Consumption Tax Policies On International E-Commerce Transactions Of Digitized Products, Neal Harold Luna
Washington International Law Journal
The Internet's current architecture allows international e-commerce transactions of digitized goods to go untaxed by the country in which the income was earned or the product consumed. The inability of these countries to tax such transactions will erode their tax bases as e-commerce in digitized products grows relative to other commercial forms. To forestall the erosion of its tax base, Singapore's revenue authority boldly extends its existing consumption and income tax policies to e-commerce. Singapore's proposed e-commerce tax regime is a model from which other countries—both those with similar tax regimes, such as the E.U. member economies, and those that …
The Elusive Exercise Of Jurisdiction Over Air Transportation Between The United States And South Korea, Dana L. Christensen
The Elusive Exercise Of Jurisdiction Over Air Transportation Between The United States And South Korea, Dana L. Christensen
Washington International Law Journal
Contrary to the decision reached by the Court of Appeals for the Second Circuit in Chubb & Son, Inc. v. Asiana Airlines, the federal courts should be permitted to exercise subject matter jurisdiction over the international transportation of goods by air between South Korea and the United States. Applying general principles of treaty interpretation under customary international law confirms that treaty relations under the Warsaw Convention exist between the two countries by way of the United States' adherence to that treaty, and South Korea's adherence to the Hague Protocol. Since federal courts have jurisdiction over cases arising under U.S. …
Demographic Crisis In Japan: Why Japan Might Open Its Doors To Foreign Home Health-Care Aides, Carmel A. Morgan
Demographic Crisis In Japan: Why Japan Might Open Its Doors To Foreign Home Health-Care Aides, Carmel A. Morgan
Washington International Law Journal
Japan is currently facing a two-fold demographic crisis: its birthrate is rapidly falling and its population is rapidly aging. Despite the present recession, Japan is confronting a significant shortage of workers in the health-care field. There may not be enough home health-care aides to meet the needs of all of the elderly who are eligible for visits under Japan's new long-term care insurance program. The Ministry of Justice has recently proposed allowing more foreigners to work in Japan. The proposal encourages the admission of immigrants to work as "home helpers," an occupation that is considered unskilled. This proposal marks a …
Judicial Reform And The State Of Japan's Attorney System: A Discussion Of Attorney Reform Issues And The Future Of The Judiciary, Kohei Nakabō, Yohei Suda
Judicial Reform And The State Of Japan's Attorney System: A Discussion Of Attorney Reform Issues And The Future Of The Judiciary, Kohei Nakabō, Yohei Suda
Washington International Law Journal
Based on the Judicial Reform Council's article "Points at Issue in Judicial Reform," this paper presents basic issues on the current status of the Japanese attorney system and areas to be addressed in judicial reform. [[Translator's Note] This Article formed the basis of Nakabō's report at the twelfth meeting of Judicial Reform Council held on February 8, 2000. It was originally published as the first of a two part paper in SERIES JUDICIAL REFORM I: [LEGAL PROFESSIONAL TRAINING; THE LAW SCHOOL CONCEPT] (2000).]
Phoenix From The Ashes—The 1999 Pacific Salmon Agreement, Sims G. Weymuller
Phoenix From The Ashes—The 1999 Pacific Salmon Agreement, Sims G. Weymuller
Washington International Law Journal
The United States and Canada have found a solution to their century long "salmon war" over how many salmon can be taken by each side's fishing fleets from the once-bountiful Pacific salmon runs. Each country felt entitled to an "equitable" portion of the salmon, but no agreed means existed to calculate the shares. Canada felt that the prodigious U.S. fleet often caught more than its share. Substantial peace first came under the 1985 Pacific Salmon Treaty, but dwindling salmon populations, the expiration of the original management regimes, and flaws in those regimes threatened to doom the 1985 Treaty by the …
The Tender Offer In Korea: An Analytic Comparison Between Korea And The United States, Kwang-Rok Kim
The Tender Offer In Korea: An Analytic Comparison Between Korea And The United States, Kwang-Rok Kim
Washington International Law Journal
Even though the tender offer system in Korea was established in 1976, there were very few tender offer transactions until 1997. However, after Korea's economic crisis in late 1997, the Korean government not only took a series of structural reform measures to improve the securities market system, but also widely opened the financial markets to foreign countries by abolishing or amending restrictions on foreign investment. The 1998 reforms to the Korea Securities Exchange Act included significant changes to tender offer regulations, making hostile takeovers more feasible. Since that time, the tender offer has been used as a tool to acquire …
Japan's New Patent Attorney Law Breaches Barrier Between The "Legal" And "Quasi-Legal" Professions: Integrity Of Japanese Patent Practice At Risk?, Lee Rousso
Washington International Law Journal
In order to increase the quantity of intellectual property related legal services made available to the public, the Japanese Diet enacted a complete revision of Japan's eighty-year-old Patent Attorney Law. Under the terms of the new law, which became effective on January 6, 2001, benrishi (patent attorneys) have authority to greatly expand their range of professional activities. The newly recognized activities encroach upon the statutory monopoly long enjoyed by Japan's bengoshi (attorneys). Furthermore, the new legislation gives the benrishi a professional domain that is inconsistent with the profession's credential requirements. This Comment argues that the revision is likely to have …
Select Provisions Of The Commercial Maritime Code Of The Russian Federation, William Honea
Select Provisions Of The Commercial Maritime Code Of The Russian Federation, William Honea
Washington International Law Journal
The Commercial Maritime Code of the Russian Federation (RMC) entered into force on April 30, 1999. The RMC is a far-reaching and progressive document that seeks to provide a framework for all commercial maritime activities within Russia. The RMC uses the language of the 1982 United Nations Convention on the Law of the Sea, and implements treaties and agreements including those that cover oil pollution, vessel arrest, and competency standards for seafarers. It occupies the field of Russian maritime law, specifically replacing a long list of inherited Soviet laws. It regulates the movement of goods at sea, many common aspects …
A Precautionary Tale: The International Trade Implications Of Regulating Genetically Modified Foods In Australia And New Zealand, Denise M. Lietz
A Precautionary Tale: The International Trade Implications Of Regulating Genetically Modified Foods In Australia And New Zealand, Denise M. Lietz
Washington International Law Journal
The current international debate surrounding the development of genetically modified ("GM") foods centers around the selection of appropriate regulations to control the new technology's potential food safety risks. Australia and New Zealand have used a precautionary approach to develop their regulatory system for GM foods—a system that will soon include a stringent labeling requirement for all foods containing GM ingredients. The United States, on the other hand, has rejected the precautionary approach to regulating GM foods and does not require mandatory labeling of most GM foods. These differing national regulations may lead to restrictions on the importation of many U.S. …
International Judicial Practice And The Written Form Requirement For International Arbitration Agreements, Jing Wang
Washington International Law Journal
The requirement that international commercial arbitration agreements must be made in writing is well accepted in most countries and has become a uniform practice in international commercial arbitration law. This is due in large part to the widespread acceptance of the Convention on Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"). Article II (1) provides that "each Contracting State shall recognize an agreement in writing." The term "agreement in writing" is defined in Article 11 (2) of the Convention as "an arbitral clause in a contract or an arbitration agreement, signed by the parties or contained in an …
Cambodian Nationality Law And The Repatriation Of Convicted Alients Under The Illegal Immigration Reform And Immigrant Responsibility Act, Jana M. Seng
Washington International Law Journal
Currently the U.S. Immigration and Naturalization Service ("INS") is indefinitely detaining thousands of aliens who have already completed their criminal sentences. The 1996 Illegal Immigration Reform and Immigrant Responsibility Act ("IIRIRA") allows the INS to detain these convicted aliens while initiating a removal proceeding for deportation to their native country. Absent from the IIRIRA is a provision addressing whether the INS may indefinitely detain convicted aliens who cannot be deported because the United States has no repatriation agreement with the alien's native country. Justification for the indefinite detention rests on the assumption that the United States will secure a repatriation …
Gender Equality And Women's Issues In Vietnam: The Vietnamese Woman—Warrior And Poet, Wendy N. Duong
Gender Equality And Women's Issues In Vietnam: The Vietnamese Woman—Warrior And Poet, Wendy N. Duong
Washington International Law Journal
Exploration of women's issues in Vietnam strengthens the emerging voice of the "exotic other female" in contemporary international feminist discourse. Any women's movement in Vietnam today must be cast as the revitalization of the Vietnamese woman's collective cultural identity, rather than as a Western imported feminist doctrine. The Vietnamese woman's collective cultural identity is based on the history and cultural folklores of Vietnam, including expressions of feminist ideas in law and literature, and a long history of warfare and collective sufferings, wherein women have been seen as martyrs, national treasures, and laborers in war and in peace. The advocacy of …
An Outsider's View Of China's Insider Trading Law, Charles Zhen Qu
An Outsider's View Of China's Insider Trading Law, Charles Zhen Qu
Washington International Law Journal
China's insider trading law can be found in the country's first unified securities industry law, Securities Law of the People's Republic of China, which came into force on July 1, 1999. The provisions of this law relating to insider trading, however, do not seem to help achieve the legislative purpose of the Securities Law, namely, to protect the interest of investors and promote the development of a socialist economy. The inadequacy of the current regime lies in the overly narrow definitions of "insider" and "inside information," the lack of workability of civil liability provisions, and the failure of China's Securities …
The Role Of Positive Comity In U.S. Antitrust Enforcement Against Japanese Firms: A Mixed Review, Matthew Cooper
The Role Of Positive Comity In U.S. Antitrust Enforcement Against Japanese Firms: A Mixed Review, Matthew Cooper
Washington International Law Journal
On October 7, 1999, the United States and Japan signed an antitrust cooperation agreement. The agreement contains provisions for notification and consultation, coordination and cooperation, and positive comity. These provisions address Japanese sovereignty concerns arising from the unilateral application of U.S. antitrust laws to the conduct of Japanese firms that occurs outside the territorial borders of the United States. The agreement also addresses U.S. perceptions that Japanese markets are closed to American businesses because it offers tools, other than unilateral antitrust enforcement, to open Japanese markets to American businesses. However, the positive comity provision does not proscribe unilateral antitrust enforcement. …
Falun Gong: An Analysis Of China's National Security Concerns, Kelly A. Thomas
Falun Gong: An Analysis Of China's National Security Concerns, Kelly A. Thomas
Washington International Law Journal
The Chinese government's brutal crackdown on the Falun Gong spiritual movement stands in marked contrast to its recent acknowledgement of its need to improve its human rights record and repeated avowals to take the legal steps necessary to conform with international human rights treaties. China's leadership has attempted to justify the crackdown, citing both historical reasons and national security concerns. Analysis of China's history demonstrates that repression of anti-government groups has only hardened their resistance. Similarly, the campaign against Falun Gong has failed to stop protests staged by the group's followers. In fact, Falun Gong's expressions of dissent have become …