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Articles 1 - 30 of 38
Full-Text Articles in Law
Rural Women's Land Rights In Java, Indonesia: Strengthened By Family Law, But Weakened By Land Registration, Jennifer Brown
Rural Women's Land Rights In Java, Indonesia: Strengthened By Family Law, But Weakened By Land Registration, Jennifer Brown
Washington International Law Journal
In Java, Indonesia, only about one-third of land title certificates reflect ownership by women. This lack of registered land ownership can potentially harm women by depriving them of influence within the household and leaving them vulnerable in cases of divorce or a spouse's death. This Article argues that effective land registration mechanisms and legal and social recognition of women's property rights all play a critical role in protecting women's ownership interests. Interviews with landowners and government officials in Java reveal that Indonesia's land registration processes do not effectively advance ownership rights granted under the nation's family law. Despite the government's …
Recent Intensification Of Investor Protection In The Korean Securities Market: The Mandatory And Fair Disclosure Systems, Kwang-Rok Kim
Recent Intensification Of Investor Protection In The Korean Securities Market: The Mandatory And Fair Disclosure Systems, Kwang-Rok Kim
Washington International Law Journal
This Article analyzes the Korean fair disclosure system and the Korean mandatory disclosure system under the Korean Securities and Exchange Act ("KSEA"). After the turbulence in the financial markets resulting from the economic crises of late 1997, the South Korean government realized that the Korean economy had failed to keep pace with the world economy. The Korean economy underwent many changes after being offered financial relief from the International Monetary Fund. As part of these changes, the government adopted a series of structural reform measures to improve the standard of corporate governance and enhance corporate management. The KSEA now provides …
The Good, Bad, And Unintended: American Lessons For Cambodia's Effort Against Domestic Violence, Sonja K. Hardenbrook
The Good, Bad, And Unintended: American Lessons For Cambodia's Effort Against Domestic Violence, Sonja K. Hardenbrook
Washington International Law Journal
Despite numerous laws that guarantee women equal rights and prohibit violence, the current Cambodian legal system has proven inadequate to combat spousal abuse. In response, the Royal Government of Cambodia has proposed a draft-law specifically aimed at domestic violence. However, if enforcement of current Cambodian law in domestic violence situations is any indication, the proposed law has little hope of implementation. Current cultural paradigms make the Cambodian police and the public at large view domestic violence as a private matter rather than a crime. Thus, Cambodia is in need of new strategies to reduce domestic violence. Cambodia is not alone …
Private Enforcement Of Securities Fraud Law In China: A Critique Of The Supreme People's Court 2003 Provisions Concerning Private Securities Litigation, Guiping Lu
Washington International Law Journal
On January 9, 2003, China's Supreme People's Court issued a new ruling with detailed provisions governing private securities litigation involving disclosure of false or misleading information. The new ruling is expected to play an important role in regulating and developing China's securities markets by providing a necessary judicial safeguard against infringement upon investors' interests. The new ruling, however, is unlikely to achieve its expected effect due to various procedural and substantive hurdles to investor access to judicial recourse. The built-in procedural hurdles either make it very difficult for securities investors to bring private actions, or, in some circumstances, deprive them …
Prosecuting International Terrorists: The Abu Sayyaf Attacks And The Bali Bombing, Sarah E. Tilstra
Prosecuting International Terrorists: The Abu Sayyaf Attacks And The Bali Bombing, Sarah E. Tilstra
Washington International Law Journal
In May 2001, three Americans were kidnapped and held hostage by members of Abu Sayyaf, a guerilla group attempting to establish an Islamic state in the southern Philippines. Two of those Americans were later killed. In October 2002, a nightclub on the Indonesian resort island of Bali was destroyed in an explosion, killing over 200 people, 88 of whom were Australians. Members of the Islamic group Jemaah Islamiyah are suspected of masterminding the attack. The Abu Sayyaf suspects have yet to be caught, but Indonesia is preparing to prosecute some of the Bali bombing suspects beginning in May 2003. Using …
Alternative Dispute Resolution As A Means Of Access To Justice In The Russian Federation, Elena Nosyreva, Douglas Carman, Dana Tumenova
Alternative Dispute Resolution As A Means Of Access To Justice In The Russian Federation, Elena Nosyreva, Douglas Carman, Dana Tumenova
Washington International Law Journal
This Article represents recent scholarship in Russian jurisprudence concerning the use of alternative dispute resolution procedures. It was written by a professor who is an active participant in law reform projects addressing the problems of elaborating legislation to articulate the rights and duties of parties involved in economic and other disputes. This Article covers three forms of dispute resolution—negotiations, claims-based dispute resolution, and mediation—and identifies characteristics of these procedures that are peculiar to the Russian context. By reviewing the forms of conflict resolution employed in Soviet-era command economy and exploring the contours of contemporary Russian "legal culture," the Article attempts …
China's New Foreign Law Firm Regulations: A Step In The Wrong Direction, Jane J. Heller
China's New Foreign Law Firm Regulations: A Step In The Wrong Direction, Jane J. Heller
Washington International Law Journal
Following China's accession to the World Trade Organization ("WTO"), the Chinese government issued new regulations governing foreign law firms in China. A number of commentators have analyzed these regulations to evaluate whether China is "'on track" to fulfilling the commitments it undertook to gain entry to the WTO. However, a more basic question that should be addressed is whether the new regulations meet China's goals in joining the WTO: to foster trade and economic development and to accelerate the growth of China's legal profession. Although China appeared willing to engage in significant liberalization of the legal services sector when it …
Preemptive Strikes And The Korean Nuclear Crisis: Legal And Political Limitations On The Use Of Force, Kelly J. Malone
Preemptive Strikes And The Korean Nuclear Crisis: Legal And Political Limitations On The Use Of Force, Kelly J. Malone
Washington International Law Journal
On January 29, 2002, President George W. Bush linked North Korea, Iran and Iraq as members of an "Axis of Evil," alleging that North Korea's attempts to acquire weapons of mass destruction constituted a threat to international peace and security. On September 20, 2002, the Bush Administration released its National Security Strategy ("Strategy"). The Strategy adopted a doctrine of preemptive action that, although recognized historically, has been significantly limited by the U.N. Charter. In doing so, the Bush Administration has challenged traditional limits on the use of force, attempting to adapt the concept of "imminent threat" to the danger posed …
The Pain Of Love: Spousal Immigration And Domestic Violence In Australia—A Regime In Chaos?, E. Odhiambo-Abuya
The Pain Of Love: Spousal Immigration And Domestic Violence In Australia—A Regime In Chaos?, E. Odhiambo-Abuya
Washington International Law Journal
A fundamental step that the 1994 Australian Migration Regulations developed into the immigration framework was to grant certain concessions to non-Australian spouses and interdependent partners who suffer domestic violence at the hands of their Australian counterparts. Victims of domestic violence are eligible to apply for permanent residence notwithstanding the otherwise applicable two-year waiting period. To understand the domestic violence exception, this Article explores the jurisprudence that has emerged from courts and other immigration tribunals. The Article proposes that further legislative and policy changes should be made in order to seal identified "gaps," and to provide clear guidance to interested parties, …
Facing The Aging Wave: Proposed Social Security Reform In The Philippines, Les Coughran
Facing The Aging Wave: Proposed Social Security Reform In The Philippines, Les Coughran
Washington International Law Journal
The Philippines's Social Security System is eroding because of demographic changes. These changes have tipped the financial balance, which incremental design changes have failed to restore. The system contains weaknesses that are exacerbated by limited financial transparency and poor asset management. International social security systems, designed to include public defined benefit programs, public hypothetical account programs, publicly mandated defined contribution programs, and/or private sphere components, provide the Philippines with examples of alternate national systems. While each of these components alleviates certain risks, no single component is comprehensive in safeguarding against demographic, economic, or inflationary risks. This Comment asserts that the …
The Cultural Property Laws Of Japan: Social, Political, And Legal Influences, Geoffrey R. Scott
The Cultural Property Laws Of Japan: Social, Political, And Legal Influences, Geoffrey R. Scott
Washington International Law Journal
Japan's Law for the Protection of Cultural Properties has been heralded as one of the most sophisticated and complete statutes of its kind and has been viewed as a model for other countries considering means to protect their ethnographic and cultural treasures. This Article examines the social, cultural, political, and legal influences antecedent to the promulgation of the statute and discusses the complexities inherent in composing legislation of this sort. The specific Japanese legislative and administrative efforts undertaken to protect national treasures prior to promulgation of the statute, and the political environment contemporaneous with its passage, are compiled, analyzed, and …
Facing The Aging Wave: Proposed Social Security Reform In The Philippines, Les Coughran
Facing The Aging Wave: Proposed Social Security Reform In The Philippines, Les Coughran
Washington International Law Journal
The Philippines's Social Security System is eroding because of demographic changes. These changes have tipped the financial balance, which incremental design changes have failed to restore. The system contains weaknesses that are exacerbated by limited financial transparency and poor asset management. International social security systems, designed to include public defined benefit programs, public hypothetical account programs, publicly mandated defined contribution programs, and/or private sphere components, provide the Philippines with examples of alternate national systems. While each of these components alleviates certain risks, no single component is comprehensive in safeguarding against demographic, economic, or inflationary risks. This Comment asserts that the …
The Experimental Use Exception In Japan: A Model For U.S. Patent Law?, Jennifer A. Johnson
The Experimental Use Exception In Japan: A Model For U.S. Patent Law?, Jennifer A. Johnson
Washington International Law Journal
The patent laws of the United States and Japan contain provisions that permit the experimental use of patented inventions. In the United States, the common law experimental use exception has been utilized to permit the use of a patented invention to satisfy intellectual curiosity, as long as the use is not commercial. In 1984, the Hatch-Waxman Act provided a statutory experimental use exception in 35 U.S.C. § 271(e)(1). It amended the Patent Act to allow a generic drug company to experiment with a pioneer drug during the pioneer drug's patent term to generate data for obtaining regulatory approval. In contrast, …
The Faint Shadow Of The Sixth Amendment: Substantial Imbalance In Evidence-Gathering Capacity Abroad Under The U.S.-P.R.C. Mutual Legal Assistance Agreement In Criminal Matters, David Whedbee
Washington International Law Journal
Transnational organized crime has an adverse impact on the United States and the People's Republic of China. In the last thirty years, the mutual legal assistance agreement has emerged as an effective mechanism to streamline international judicial assistance in combating borderless crime. The accretion of these agreements has created a growing web of bilateral obligations that links sovereign jurisdictions. The U.S.-P.R.C. mutual legal assistance agreement (the "U.S.-P.R.C. MLAA") furthers U.S. interests by facilitating U.S. Attomeys' access to physical evidence and witnesses in the People's Republic of China. Significantly, the political offense exception in the U.S.-P.R.C. agreement permits U.S. authorities to …
The Cultural Property Laws Of Japan: Social, Political, And Legal Influences, Geoffrey R. Scott
The Cultural Property Laws Of Japan: Social, Political, And Legal Influences, Geoffrey R. Scott
Washington International Law Journal
Japan's Law for the Protection of Cultural Properties has been heralded as one of the most sophisticated and complete statutes of its kind and has been viewed as a model for other countries considering means to protect their ethnographic and cultural treasures. This Article examines the social, cultural, political, and legal influences antecedent to the promulgation of the statute and discusses the complexities inherent in composing legislation of this sort. The specific Japanese legislative and administrative efforts undertaken to protect national treasures prior to promulgation of the statute, and the political environment contemporaneous with its passage, are compiled, analyzed, and …
Awaiting Doe V. Exxon Mobil Corp.: Advocating The Cautious Use Of Executive Opinions In Alien Tort Claims Act Litigation, Brian C. Free
Awaiting Doe V. Exxon Mobil Corp.: Advocating The Cautious Use Of Executive Opinions In Alien Tort Claims Act Litigation, Brian C. Free
Washington International Law Journal
In June 2001, eleven Indonesian villagers filed suit in a U.S. District Court against Exxon Mobil Corporation for its alleged complicity in human rights abuses in the Indonesian province of Aceh. The plaintiffs asserted jurisdiction and a cause of action pursuant to the Alien Tort Claims Act and the Torture Victim Protection Act, both of which enable foreign nationals to bring international human rights claims in U.S. federal courts. The U.S. Department of State intervened in the suit, expressing its view that federal court adjudication of the plaintiffs' claims could complicate U.S. foreign policy. The State Department opinion raises concern …
Reforming The Japanese Commercial Code: A Step Towards An American-Style Executive Officer System In Japan?, Matthew Senechal
Reforming The Japanese Commercial Code: A Step Towards An American-Style Executive Officer System In Japan?, Matthew Senechal
Washington International Law Journal
After more than a decade of attempting to remedy failing banks, rising unemployment, and a shrinking economy, Japan has taken a new approach to economic reform. With the hope of improving corporate profits and international competitiveness, the Japanese Diet passed legislation in May 2002 amending the Commercial Code to allow corporations to adopt an American-style executive officer system. The amendment establishes a workable new framework for more effective corporate governance in Japan and serves as an important early step in what promises to be a long road to reform. These benefits notwithstanding, its impact will be limited by the Amendment's …
From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler
From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler
Washington International Law Journal
In post-industrial countries like Japan, modem environmental problems defy easy clean up solutions. Thus, effective clean up depends on diverse regulation. Historically, the Japanese government has relied on statutes that mandated technical "fixes" to clean up highly publicized pollution problems. Although such regulations have been successful in areas like air pollution, recent newspaper headlines highlight the extent to which environmental issues continue to affect densely populated Japan. Beginning with the passage of the Environmental Impact Assessment Law in 1997, however, Japan has significantly diversified its environmental policy. Along with strict new regulatory standards, new national laws now allow public access …
Reforming The Japanese Commercial Code: A Step Towards An American-Style Executive Officer System In Japan?, Matthew Senechal
Reforming The Japanese Commercial Code: A Step Towards An American-Style Executive Officer System In Japan?, Matthew Senechal
Washington International Law Journal
After more than a decade of attempting to remedy failing banks, rising unemployment, and a shrinking economy, Japan has taken a new approach to economic reform. With the hope of improving corporate profits and international competitiveness, the Japanese Diet passed legislation in May 2002 amending the Commercial Code to allow corporations to adopt an American-style executive officer system. The amendment establishes a workable new framework for more effective corporate governance in Japan and serves as an important early step in what promises to be a long road to reform. These benefits notwithstanding, its impact will be limited by the Amendment's …
From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler
From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler
Washington International Law Journal
In post-industrial countries like Japan, modem environmental problems defy easy clean up solutions. Thus, effective clean up depends on diverse regulation. Historically, the Japanese government has relied on statutes that mandated technical "fixes" to clean up highly publicized pollution problems. Although such regulations have been successful in areas like air pollution, recent newspaper headlines highlight the extent to which environmental issues continue to affect densely populated Japan. Beginning with the passage of the Environmental Impact Assessment Law in 1997, however, Japan has significantly diversified its environmental policy. Along with strict new regulatory standards, new national laws now allow public access …
Curbing Child-Trafficking In Intercountry Adoptions: Will International Treaties And Adoption Moratoriums Accomplish The Job In Cambodia?, Kelly M. Wittner
Curbing Child-Trafficking In Intercountry Adoptions: Will International Treaties And Adoption Moratoriums Accomplish The Job In Cambodia?, Kelly M. Wittner
Washington International Law Journal
Over the past two decades an enormous increase in intercountry adoptions has prompted international concern over the victimization of children, birth parents, and adoptive families. Recently, the United States has closely scrutinized babytrafficking in Cambodia. Reports of widespread buying, selling, and stealing of Cambodian infants for international adoption prompted the United States to place a moratorium on adoptions from Cambodia on December 21, 2001. In addition, the international community has drafted treaties such as the United Nations Convention on the Rights of the Child ("CRC") and the Hague Convention on Intercountry Adoption ("Hague Convention") to normalize and systematize the process …
A Review Of China's New Civil Evidence Law, Paul J. Schmidt
A Review Of China's New Civil Evidence Law, Paul J. Schmidt
Washington International Law Journal
On December 21, 2001, China's Supreme People's Court promulgated landmark rules concerning the production and use of evidence in civil cases. These rules became effective on April 1, 2002 and apply to legal actions initiated after that date. The rules apply in all Chinese courts, from the high and intermediate level courts found at the provincial and prefecture level, down to the basic level courts found in rural counties and in urban districts. Of the eighty-three newly promulgated rules, more than half concern procedures for exchanging, confronting, investigating, or discovering evidence. Eleven are strict rules of evidence. The remainder is …
Curbing Child-Trafficking In Intercountry Adoptions: Will International Treaties And Adoption Moratoriums Accomplish The Job In Cambodia?, Kelly M. Wittner
Curbing Child-Trafficking In Intercountry Adoptions: Will International Treaties And Adoption Moratoriums Accomplish The Job In Cambodia?, Kelly M. Wittner
Washington International Law Journal
Over the past two decades an enormous increase in intercountry adoptions has prompted international concern over the victimization of children, birth parents, and adoptive families. Recently, the United States has closely scrutinized babytrafficking in Cambodia. Reports of widespread buying, selling, and stealing of Cambodian infants for international adoption prompted the United States to place a moratorium on adoptions from Cambodia on December 21, 2001. In addition, the international community has drafted treaties such as the United Nations Convention on the Rights of the Child ("CRC") and the Hague Convention on Intercountry Adoption ("Hague Convention") to normalize and systematize the process …
A Review Of China's New Civil Evidence Law, Paul J. Schmidt
A Review Of China's New Civil Evidence Law, Paul J. Schmidt
Washington International Law Journal
On December 21, 2001, China's Supreme People's Court promulgated landmark rules concerning the production and use of evidence in civil cases. These rules became effective on April 1, 2002 and apply to legal actions initiated after that date. The rules apply in all Chinese courts, from the high and intermediate level courts found at the provincial and prefecture level, down to the basic level courts found in rural counties and in urban districts. Of the eighty-three newly promulgated rules, more than half concern procedures for exchanging, confronting, investigating, or discovering evidence. Eleven are strict rules of evidence. The remainder is …
The Faint Shadow Of The Sixth Amendment: Substantial Imbalance In Evidence-Gathering Capacity Abroad Under The U.S.-P.R.C. Mutual Legal Assistance Agreement In Criminal Matters, David Whedbee
Washington International Law Journal
Transnational organized crime has an adverse impact on the United States and the People's Republic of China. In the last thirty years, the mutual legal assistance agreement has emerged as an effective mechanism to streamline international judicial assistance in combating borderless crime. The accretion of these agreements has created a growing web of bilateral obligations that links sovereign jurisdictions. The U.S.-P.R.C. mutual legal assistance agreement (the "U.S.-P.R.C. MLAA") furthers U.S. interests by facilitating U.S. Attomeys' access to physical evidence and witnesses in the People's Republic of China. Significantly, the political offense exception in the U.S.-P.R.C. agreement permits U.S. authorities to …
Awaiting Doe V. Exxon Mobil Corp.: Advocating The Cautious Use Of Executive Opinions In Alien Tort Claims Act Litigation, Brian C. Free
Awaiting Doe V. Exxon Mobil Corp.: Advocating The Cautious Use Of Executive Opinions In Alien Tort Claims Act Litigation, Brian C. Free
Washington International Law Journal
In June 2001, eleven Indonesian villagers filed suit in a U.S. District Court against Exxon Mobil Corporation for its alleged complicity in human rights abuses in the Indonesian province of Aceh. The plaintiffs asserted jurisdiction and a cause of action pursuant to the Alien Tort Claims Act and the Torture Victim Protection Act, both of which enable foreign nationals to bring international human rights claims in U.S. federal courts. The U.S. Department of State intervened in the suit, expressing its view that federal court adjudication of the plaintiffs' claims could complicate U.S. foreign policy. The State Department opinion raises concern …
The Experimental Use Exception In Japan: A Model For U.S. Patent Law?, Jennifer A. Johnson
The Experimental Use Exception In Japan: A Model For U.S. Patent Law?, Jennifer A. Johnson
Washington International Law Journal
The patent laws of the United States and Japan contain provisions that permit the experimental use of patented inventions. In the United States, the common law experimental use exception has been utilized to permit the use of a patented invention to satisfy intellectual curiosity, as long as the use is not commercial. In 1984, the Hatch-Waxman Act provided a statutory experimental use exception in 35 U.S.C. § 271(e)(1). It amended the Patent Act to allow a generic drug company to experiment with a pioneer drug during the pioneer drug's patent term to generate data for obtaining regulatory approval. In contrast, …
Introduction To The Maritime Law Forum, Craig H. Allen
Introduction To The Maritime Law Forum, Craig H. Allen
Washington International Law Journal
The members of the Pacific Rim Law & Policy Journal are to be congratulated for their initiative, compassion, and insight in calling attention to the August 26, 2001 M/V Tampa incident and subjecting the actions of the involved principals and the governing legal regime to close and thoughtful scrutiny. Planning for the April 22, 2002 symposium in Seattle began in the fall of 2001, shortly after the Tampa's week-long crisis involving 438 migrants garnered international attention. Speakers for the Symposium conference, recruited under the leadership of the Journal's 2001-2002 Editor-in-Chief, Kelly Thomas, hailed from Australia, Europe and throughout the …
The Tampa Incident: Imo Perspectives And Responses On The Treatment Of Persons Rescued At Sea, Frederick J. Kenney Jr., Vasilios Tasikas
The Tampa Incident: Imo Perspectives And Responses On The Treatment Of Persons Rescued At Sea, Frederick J. Kenney Jr., Vasilios Tasikas
Washington International Law Journal
The duty to provide aid to fellow seafarers in distress has long been enshrined in maritime tradition. The modem formalization of this duty in international law, however, has created a division between the duty to "provide assistance" and the obligation to "rescue." This division has created ambiguity and friction as the former duty applies to individuals and vessels whereas the latter obligation applies to states. In recent years, incidents involving two commercial vessels, the Tampa and the Castor, have starkly illustrated the extent to which this ambiguity and friction in international law translates into negative effects in the real …
Obligations And Implications For Ships Encountering Persons In Need Of Assistance At Sea, Martin Davies
Obligations And Implications For Ships Encountering Persons In Need Of Assistance At Sea, Martin Davies
Washington International Law Journal
While there are multiple obligations to rescue individuals lost at sea, mostly expressed in multilateral treaties, there are limited mechanisms for enforcing those laws. Enforcement needs to be accomplished through criminal law, as the civil lawsuit is a poor mechanism. The United States and Australia provide adequate examples of the implementation, or lack thereof, of international treaties into criminal law. However, even where the various treaties have been incorporated into the law of the nation by implementing legislation, the enforcement remains ineffective. This is partially because the onus of enforcement falls primarily on the flag state of the ship in …