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1995

Comparative and Foreign Law

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Articles 1 - 30 of 195

Full-Text Articles in Law

Review Of When Death Is Sought: Assisted Suicide And Euthanasia In The Medical Context, By The New York State Task Force On Life And Law, Charles Baron Aug 2013

Review Of When Death Is Sought: Assisted Suicide And Euthanasia In The Medical Context, By The New York State Task Force On Life And Law, Charles Baron

Charles H. Baron

No abstract provided.


Constitutions Of The Countries Of The World: Kingdom Of Thailand, Sompong Sucharitkul Dec 1995

Constitutions Of The Countries Of The World: Kingdom Of Thailand, Sompong Sucharitkul

Publications

Draft chapter for Constitutions of the Countries of the World, Gisbert H. Flanz & Jefri Jay Ruchti, eds. (Oceana Publications).


Freedom Of Information And The Eu Data Protection Directive, James R. Maxeiner Dec 1995

Freedom Of Information And The Eu Data Protection Directive, James R. Maxeiner

Federal Communications Law Journal

Because of advancements in information technology, the tension between protection of privacy and freedom of information has intensified. In the United States this tension is addressed with sector specific laws, like the Fair Credit Reporting Act. Conversely, in Europe, data protection laws of general applicability have existed for two decades. Recently, the Council of Ministers adopted a Common Position in a data protection directive.
The Author analyzes specific provisions of the Directive, primarily focusing on the provisions that address the tension between the right of privacy and the free flow of information within the European Union. Ultimately, the Directive strikes ...


Drug Price Regulation And Compulsory Licensing For Pharmaceutical Patents: The New Zealand Connection, John M. Wechkin Nov 1995

Drug Price Regulation And Compulsory Licensing For Pharmaceutical Patents: The New Zealand Connection, John M. Wechkin

Washington International Law Journal

This Comment addresses effects of the 1992 rescission of compulsory licensing laws for pharmaceutical patents in New Zealand. The Comment summarizes the history behind the change in law, the effect the change has had, projections for future effects, and the degree to which the change brings New Zealand law into compliance with proposed General Agreement on Trade and Tariffs ("GAT") provisions. The effects of the repeal on drug prices appear to be masked by changes in New Zealand's pharmaceutical price support system. Both changes are illustrative of the continuing conflict over technology protection in the marketplace, a conflict which ...


The Role Of Bureaucracy In Managing Urban Land In Vietnam, John Gillespie Nov 1995

The Role Of Bureaucracy In Managing Urban Land In Vietnam, John Gillespie

Washington International Law Journal

In recent years, the Vietnamese government has opened up its economy to both domestic and foreign private investors. In the construction industry, however, developers must contend with a legal environment fraught with contradictions and idiosyncrasies. The industry is one marked by the subordination of law-widespread patronage, party policy, and traditional customs. While property rights superficially resemble those in Western states, ownership and development are in theory strictly controlled by the central government. But paradoxically, the level of compliance with property laws is substantially lower in Vietnam than in the West. Noncompliance with property laws and building regulations is perpetuated by ...


International Parallel Litigation: Disposition Of Duplicative Civil Proceedings In The United States And Japan, Yoshimasa Furuta Nov 1995

International Parallel Litigation: Disposition Of Duplicative Civil Proceedings In The United States And Japan, Yoshimasa Furuta

Washington International Law Journal

Although duplicative proceedings involve various negative effects, if motivated by legitimate reasons, parallel litigation may be justified. Therefore, regulation of international parallel litigation should be based on a close examination of the legitimacy of the litigants' motives, which should then be balanced against negative effects. In this comparative study of the parallel litigation practice in the United States and Japan, the contrast between the two countries is attributed to the underlying differences in each country's social and legal traditions. Despite the differences in their practice, however, each legal system offers a model that may be successfully adopted by the ...


The Development Of Human Rights In The Republic Of China On Taiwan: Ramifications Of Recent Democratic Reforms And Problems Of Enforcement, Winston Hsiao Nov 1995

The Development Of Human Rights In The Republic Of China On Taiwan: Ramifications Of Recent Democratic Reforms And Problems Of Enforcement, Winston Hsiao

Washington International Law Journal

October of 1995 marks the Republic of China's ("ROC") fiftieth anniversary of occupation in Taiwan. The ROC's impressive democratization in recent years follows a history of autocratic rule. Fear of government reprisal and a non-rights oriented neo-Confucian culture contributed to the people's slow assertion of their constitutional rights. Presently, the ROC's paradoxical international status raises important accountability issues. Though domestic courts now provide a more impartial forum for claims to be heard, international remedies are drastically limited should domestic ones fail. Expelled from the U.N. in 1971 and not officially recognized by most nation states ...


Implementation And Enforcement Of Cites: An Assessment Of Tiger And Rhinoceros Conservation Policy In Asia, Julie Cheung Nov 1995

Implementation And Enforcement Of Cites: An Assessment Of Tiger And Rhinoceros Conservation Policy In Asia, Julie Cheung

Washington International Law Journal

The Convention on International Trade in Endangered Species of Wild Fauna and Flora ("CITES") came into force in 1975 as a mechanism for controlling the international trade of threatened and endangered wildlife. In recent years, the international community has become increasingly concerned about the trade of endangered species, particularly tiger and rhinoceros parts, for use in traditional oriental medicines. The market for traditional oriental medicine is growing and has become the main threat to tiger and rhinoceros populations in Asia. This Comment examines the efforts Asian states have undertaken to control the tiger and rhinoceros trade within their borders and ...


In Pursuit Of Profit Maximization By Restricting Parallel Imports: The U.S. Copyright Owner And Taiwan Copyright Law, Soojin Kim Nov 1995

In Pursuit Of Profit Maximization By Restricting Parallel Imports: The U.S. Copyright Owner And Taiwan Copyright Law, Soojin Kim

Washington International Law Journal

Parallel importation occurs when goods which are authorized by the copyright owner to be sold only in a specific territory abroad are imported, without the copyright owner's authorization, into a non-authorized market. Parallel importation into Taiwan has been cause for concern for both U.S. copyright owners and their Taiwan licensees because such importation undermines their control over the marketing of copyrighted goods. A copyright owner may wish to market goods differently in different countries, setting the price of goods sold in one country higher than in another country. This Comment discusses the role of U.S. political pressure ...


Nafta's Procedural Narrow-Mindedness: The Panel Review Of Antidumping And Countervailing Duty Determinations Under Chapter Nineteen, Ángel Oquendo Oct 1995

Nafta's Procedural Narrow-Mindedness: The Panel Review Of Antidumping And Countervailing Duty Determinations Under Chapter Nineteen, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.


Francovich: Light At The End Of The Marshall Tunnel, Rene Valladares Oct 1995

Francovich: Light At The End Of The Marshall Tunnel, Rene Valladares

University of Miami International and Comparative Law Review

No abstract provided.


Real Property Law Under The Current Cuban Regime, Douglas E. Matthews Oct 1995

Real Property Law Under The Current Cuban Regime, Douglas E. Matthews

University of Miami International and Comparative Law Review

No abstract provided.


E Visas: An Analysis Of The Legislative History And Proposed Governing Regulations, Hedayat Tahbaz Oct 1995

E Visas: An Analysis Of The Legislative History And Proposed Governing Regulations, Hedayat Tahbaz

University of Miami International and Comparative Law Review

No abstract provided.


Property Rights In The Post-Castro Cuban Constitution, Oscar M. Garibaldi, John D. Kirby Oct 1995

Property Rights In The Post-Castro Cuban Constitution, Oscar M. Garibaldi, John D. Kirby

University of Miami International and Comparative Law Review

No abstract provided.


Institutional Aspects Of International Governance, Elisabeth Zoller Oct 1995

Institutional Aspects Of International Governance, Elisabeth Zoller

Indiana Journal of Global Legal Studies

Professor Elisabeth Zoller discusses the domain and the methods of internationalg overnance. In PartI , she addresses the notion of the "international community." Professor Zoller argues that the international community is not really a community at all, but several "intertangled communities" with common interests. These common interests emerged as a result of several worldwide events, such as World War I and the Great Depression. The author asserts that common interests among nation states and priority setting are the two prerequisites necessary for international governance. In Part II, the authore xamines the methods of internationalg overnance, beginning with the proposition that governance ...


Some Lessons For Cuba From The Legal Changes In Eastern Europe, Matias F. Travieso-Diaz, Stephan M. Bleisteiner Oct 1995

Some Lessons For Cuba From The Legal Changes In Eastern Europe, Matias F. Travieso-Diaz, Stephan M. Bleisteiner

University of Miami International and Comparative Law Review

No abstract provided.


Actions Needed For Lifting The U.S. Trade Embargo Against Cuba, Matias F. Travieso-Diaz Oct 1995

Actions Needed For Lifting The U.S. Trade Embargo Against Cuba, Matias F. Travieso-Diaz

University of Miami International and Comparative Law Review

No abstract provided.


Foreign Law, Politics & Litigants In U.S. Courts: A Discussion Of Issues Raised By Transportes Aereos Nacionales, S.A. V. De Brenes, William H. White Jr. Oct 1995

Foreign Law, Politics & Litigants In U.S. Courts: A Discussion Of Issues Raised By Transportes Aereos Nacionales, S.A. V. De Brenes, William H. White Jr.

University of Miami Inter-American Law Review

No abstract provided.


Freedom Of Information And The Eu Data Protection Directive, James Maxeiner Oct 1995

Freedom Of Information And The Eu Data Protection Directive, James Maxeiner

All Faculty Scholarship

The EU Data Protection Directive attempts to balance protection of privacy and freedom of information acquisition. It does this by authorizing Member States to provide exemptions and derogations in their individual legislation.


Towards A Payments System Law For Developing And Transition Economies, Raj Bhala Sep 1995

Towards A Payments System Law For Developing And Transition Economies, Raj Bhala

Faculty Publications

This paper examines the legal foundations of large-value credit transfer systems and the importance of certainty, efficiency, and fairness in funds transfer law. A case study is presented to highlight key terminology and concepts. Thereafter, five particularly noteworthy legal rules are discussed in the context of the case study: (1) a rule defining the scope of the law; (2) a rule establishing when the rights and obligations of parties to a funds transfer are triggered; (3) a receiver finality rule; (4) a rule assigning liability for interloper fraud; and (5) a money-back guarantee rule, coupled with provisions on discharge. Finally ...


Cultural Protection As A Rationale For Legislation: The French Language Law Of 1994 And The European Trend Toward Integration In The Face Of Increasing U.S. Influence, Michele Belluzzi Sep 1995

Cultural Protection As A Rationale For Legislation: The French Language Law Of 1994 And The European Trend Toward Integration In The Face Of Increasing U.S. Influence, Michele Belluzzi

Penn State International Law Review

No abstract provided.


You Have The Right To Be Silent ... Anything You Do Not Say May Be Used Against You. Is The Right To Silence In Great Britain Really A Protection?, Diane Beckman Sep 1995

You Have The Right To Be Silent ... Anything You Do Not Say May Be Used Against You. Is The Right To Silence In Great Britain Really A Protection?, Diane Beckman

Penn State International Law Review

No abstract provided.


German Criminal Justice As A Guide To American Law Reform: Similar Problems, Better Solutions?, Richard S. Frase, Thomas Weigend Aug 1995

German Criminal Justice As A Guide To American Law Reform: Similar Problems, Better Solutions?, Richard S. Frase, Thomas Weigend

Boston College International and Comparative Law Review

No abstract provided.


Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber Jul 1995

Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber

All Faculty Scholarship

No abstract provided.


A Comparison Of Processes For Reforming Migration Laws In Transitional States: China, Kazakhstan, And Albania, James A.R. Nafziger Jul 1995

A Comparison Of Processes For Reforming Migration Laws In Transitional States: China, Kazakhstan, And Albania, James A.R. Nafziger

Washington Law Review

This article will highlight the problems confronting China, Kazakhstan, and Albania as well as the divergent agencies and systems for drafting, enacting and otherwise reforming their migration laws. The institutional processes of reform are particularly noteworthy. A comparison of them among the three countries suggests dominance by political and cultural determinants, along with administrative and economic issues, in forming migration policy and law within modem legal systems. This insight helps explain the constraints on the efficacy of administrative tinkering in improving the migration laws of the United States and other countries.


A Shifting Barrier? Difficulties Obtaining Patent Infringement Damages In Japan, Scott K. Dinwiddie Jul 1995

A Shifting Barrier? Difficulties Obtaining Patent Infringement Damages In Japan, Scott K. Dinwiddie

Washington Law Review

American economic interests previously have criticized the Japanese patent system as a trade barrier. Recent agreements between the United States and Japan should help reduce the difficulties Americans have had obtaining patents in Japan. However, Americans who acquire Japanese patents are likely to be disappointed and discouraged by the formal protection afforded their new property. The patent enforcement system in Japan provides limited judicial remedies. Equitable relief is difficult to enforce. The full value of monetary damages is extremely difficult to prove, and the possibility for equitable recovery of damages in excess of those proved does not exist. The cost ...


Apec Focus: Accomplishment And Challenge, Desaix Anderson Jul 1995

Apec Focus: Accomplishment And Challenge, Desaix Anderson

Washington International Law Journal

The economic opportunities and the challenges the United States faces in the Asia Pacific region are both daunting and exhilarating. Prospects are describable only in megaterms: the doubling of energy needs within the decade; one trillion dollars of new infrastructure projects envisaged over ten years; the integration not only of China into the regional economy, but also the emergence of India, with a population which is expected to exceed China's in the next century; the massive environmental rehabilitation requirements, for example, in China; staggering food supply requirements; exploding telecommunications networks and educational exchange opportunities. Developments in Asia and the ...


Insider Trading By An Issuer Under Japanese Law, Misao Tatsuta Jul 1995

Insider Trading By An Issuer Under Japanese Law, Misao Tatsuta

Washington International Law Journal

This Article explores the impact of the 1994 amendments to the Commercial Code on the Japanese Securities and Exchange Law, especially as they pertain to insider trading by stock issuers. The Article identifies limited situations, both in tender offer and public stock market contexts, in which companies may purchase their own stocks. Specifically, the Article addresses the issuer's repurchase plan, the necessary elements of disclosure, and the penalties for non-disclosure. The Article analyzes the amendments and questions their effectiveness in addressing the problem of insider trading.


Regulation Of Canadian Capital Markets In The 1990s: The United States In The Driver's Seat, Cally Jordan Jul 1995

Regulation Of Canadian Capital Markets In The 1990s: The United States In The Driver's Seat, Cally Jordan

Washington International Law Journal

This Article looks at the regulatory techniques that have been adopted in a small but developed market, Canada, in response to the increasing integration of the North American economy and internationalization of capital markets. One of the most comprehensive experiments has been the Multijurisdictional Disclosure System (MJDS) implemented in Canada and the United States in 1991. Based on principles of reciprocal recognition, the MJDS has in fact created greater pressures for harmonization of the two regulatory regimes and, on the Canadian side, prompted regulatory innovations which have attempted to keep Canadian markets in the global game.


Regulatory Mechanisms Of Securities Trading In Malaysia (With Special Reference To Insider Trading), Mohd. Ishaque Qureshi Jul 1995

Regulatory Mechanisms Of Securities Trading In Malaysia (With Special Reference To Insider Trading), Mohd. Ishaque Qureshi

Washington International Law Journal

In 1993, Malaysia established a Securities Commission to make the securities markets more secure and efficient, and to better control insider trading. This Article first presents an overview of the structure of the Securities Commission and the responsibilities of the various divisions and officers. Second, it reviews the common law and statutory law on which the Commission and other government agencies must rely to regulate the securities markets.