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Full-Text Articles in Comparative and Foreign Law
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
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
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
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 …
A Primer Of United States Tax Considerations For The Foreign Investor, Nicholas S. Freud
A Primer Of United States Tax Considerations For The Foreign Investor, Nicholas S. Freud
UC Law SF International Law Review
The impact of the United States' Tax Reform Act of 1986 has been significant. The Act has created a favorable tax environment that may well stimulate increased foreign investment in the United States. This Article sets out the fundamentals of the income, estate, and gift taxation of nonresident alien individuals and their estates under the Act. The Article first provides an analysis of the question of residence, as taxation varies considerably depending upon an alien's classification. 'The author further discusses the applicable tax bases, withholding requirements, and planning considerations. Finally, the author concludes that the income tax rules generally encourage …
Limits On Extremist Political Parties: A Comparison Of Israeli Jurisprudence With That Of The United States And West Germany, Dan Gordon
UC Law SF International Law Review
In June 1984 an administrative body of the Israeli legislature voted to bar two parties from participating in the July 1984 parliament elections. The Committee banned the parties because they were "antistate" and "antidemocratic." In Naiman v. Chairman of the Central Elections Committee, the Israeli Supreme Court unanimously reversed the Committee and allowed both parties to run. This Article first discusses the background to the Naiman case and then considers in detail the separate opinions of the justices. The Article next summarizes the ways in which the United States and Germany (the only two states with comparable systems and significant …
Good Business Sense: Changing Practices In The People's Republic Of China, Steven K. Hazen
Good Business Sense: Changing Practices In The People's Republic Of China, Steven K. Hazen
UC Law SF International Law Review
The past decade has been a period of expanding opportunities for foreign companies wishing to conduct business in the People's Republic of China. Nonetheless, many pitfalls remain for businesses unprepared to deal with the current legal, business, and social climates in China. This Article outlines some of the factors that should be considered by attorneys when planning business and negotiation strategies for foreign businesses. The author analyzes such issues as the amount of documentation required for commercial transactions, the effects of the Chinese bureaucracy, and the role of attorneys in negotiations. The author also discusses negotiation strategies, including the formation …
Entering China Through The Sez Open Door, William N. Post Ii
Entering China Through The Sez Open Door, William N. Post Ii
UC Law SF International Law Review
One of the most important steps taken by the People's Republic of China in establishing its "open door" policy towards foreign businesses has been the establishment of four Special Economic Zones (SEZs). This Article outlines the objectives to be achieved through the SEZs, the extent to which these goals have been attained, and the advantages which accrue to foreign businesses by operating in SEZs. After enumerating the preferences available to foreign businesses that operate in the SEZs, the author describes the functions of the U.S. China Shantou Technology Trade Investment Resource, Ltd., which was established to facilitate entry into the …
Licensing In China: Practical Considerations And Tax Implications, Arthur Ho
Licensing In China: Practical Considerations And Tax Implications, Arthur Ho
UC Law SF International Law Review
The opening of the People's Republic of China to foreign investors has provided significant benefits: China has received aid in its plan for economic modernization and foreign companies have discovered new opportunities for trade and investment. Foreign investments generally have taken one of two forms: equity joint ventures and cooperative joint ventures. This Article first explains and compares the workings of and tax rules applicable to these two forms of investment. The author then notes that, because of the emphasis of the Chinese on the transfer of technology, direct investment is often preceded by licensing agreements. The author provides practical …
Regulation Of Insider Trading In Hong Kong, Jonathan M. Gafni
Regulation Of Insider Trading In Hong Kong, Jonathan M. Gafni
UC Law SF International Law Review
The growth of the Hong Kong securities market over the last twenty years has been marked by speculation, volatile securities prices, and widespread trading abuses. One important factor affecting the behavior of Hong Kong investors has been the flow of information to the market. For the most part, trading in the Colony is fed by rumors. The use of rumors in making investment decisions adversely affects the integrity of the market since most investors are unable to distinguish between rumors and facts. At the same time, a number of individuals have access to inside information because of their positions in …
The Link Between Human Rights And Terrorism And Its Implications For The Law Of State Responsibility, Jordan J. Paust
The Link Between Human Rights And Terrorism And Its Implications For The Law Of State Responsibility, Jordan J. Paust
UC Law SF International Law Review
Traditional international law generally condemns acts of terrorism and violations of human rights. The United Nations also condemns such actions. This Article first examines the legal responsibility of all nations to respect and protect human rights within their borders. It then discusses the legal responsibility of all countries to protect human rights outside their own borders. Under both the United Nations Charter and general principles of customary international law, every state has a duty to refrain from assisting or even tolerating known terrorist activities. The author analyzes United States precedent and points out that this duty has been acknowledged by …
Computer Technology Exports Under The Export Administration Amendments Act Of 1985: Taking Competitive Advantage Of China's Open Door, Sylvia R. Gill
Computer Technology Exports Under The Export Administration Amendments Act Of 1985: Taking Competitive Advantage Of China's Open Door, Sylvia R. Gill
UC Law SF International Law Review
The trade policy of the People's Republic of China encourages imports of computer technology from the United States. While this interest in its products should allow the United States to improve its balance of trade, exporters of computer technology are encountering barriers from American regulators which make it difficult to meet the Chinese demand. This Note examines the rules adopted by Congress and the Department of Commerce that have affected the competitive posture of American companies wishing to sell computer technology to China. The author focuses on the Export Administration Act of 1979 and the 1985 amendments to that Act. …
Trade Related Investment Measures (Trims): Scrutiny In The Gatt And Implications For Socialist Countries, Carl W. Schwarz, Bennett A. Caplan
Trade Related Investment Measures (Trims): Scrutiny In The Gatt And Implications For Socialist Countries, Carl W. Schwarz, Bennett A. Caplan
UC Law SF International Law Review
Governments often impose trade related investment measures (TRIMs) on foreign investors in local manufacturing ventures. These controls are designed to benefit the host country, often to the detriment of the foreign company's home country. This Article initially describes the problems associated with the use of TRIMs. It then discusses various international solutions being considered to curtail the use of TRIMs. Finally, the authors analyze current and proposed measures to strengthen GATT coverage of TRIMs. The authors conclude with a study of the effect of new international TRIM measures on socialist countries.
The Wholly Foreign-Owned Enterprise In China: An Alternative To The Equity Joint Venture, Bryan Powell
The Wholly Foreign-Owned Enterprise In China: An Alternative To The Equity Joint Venture, Bryan Powell
UC Law SF International Law Review
Wholly foreign-owned business enterprises have been allowed in the People's Republic of China since 1980, but the Chinese Government did not promote their use. This situation changed in 1986, when the Government promulgated the Foreign Enterprises Law, which provided the legal framework for establishing foreign enterprises without a Chinese partner. This Note examines the Law's effectiveness in expanding foreign economic cooperation. It initially discusses the background of equity joint ventures and wholly foreign-owned enterprises in enterprises in China. The Note then examines the Law in depth to determine if its implementation will encourage foreign investors to establish wholly owned enterprises …
Voluntary Restraint Agreements: A Threat To Representative Democracy, Kevin C. Kennedy
Voluntary Restraint Agreements: A Threat To Representative Democracy, Kevin C. Kennedy
UC Law SF International Law Review
This Article explores the discretionary powers exercised by the executive branch in the field of international trade. It initially describes the discretionary powers of the executive branch under United States trade laws. The Article then turns to a consideration of the executive branch's power to negotiate voluntary trade restraint agreements with foreign trading partners. The author asserts that these negotiations are undertaken without congressional delegation of power; the executive branch is thus engaging in unconstitutional acts. Finally, the author considers several proposals for modifying trade relief law to properly restore congressional responsibility.
Allocation Of Mineral Resources In Antarctica: Problems And A Possible Solution, Helena M. Tetzeli
Allocation Of Mineral Resources In Antarctica: Problems And A Possible Solution, Helena M. Tetzeli
UC Law SF International Law Review
Since 1961, exploration of Antarctica has been governed by the 1959 Antarctica Treaty. The treaty suspended territorial claims to the region for thirty years, declared the area a demilitarized and nuclear-free zone, and encouraged scientific cooperation among its parties. There is now evidence that the region contains valuable minerals, petroleum and natural gas. The treaty will soon expire and there are many parties interested in developing the possible wealth of the region. Unresolved issues of sovereignty and resource development must now be resolved. This Note discusses possible approaches to the problem of ownership, including the two major theories of "exclusive …
New Prc And Shanghai Regulations For The Encouragement Of Foreign Investment, Anna M. Han
New Prc And Shanghai Regulations For The Encouragement Of Foreign Investment, Anna M. Han
UC Law SF International Law Review
Since 1978 the People's Republic of China has permitted foreigners to invest in domestic enterprises. While foreign investors were initially enthusiastic about entering the Chinese market, enthusiasm turned to disappointment when they discovered the realities of doing business in China. The problems experienced by the foreigners have included shortages of foreign exchange, high input costs, unpredictable tax treatment, and bureaucratic errors. In an attempt to alleviate some of these problems, the Chinese Government recently enacted the State Council Regulations Concerning Encouragement of Foreign Investment. Following the lead of the national government, regional governments have also adopted rules to encourage foreign …
United States Antiboycott Laws: An Assessment Of Their Impact Ten Years After Adoption, Howard N. Fenton Iii
United States Antiboycott Laws: An Assessment Of Their Impact Ten Years After Adoption, Howard N. Fenton Iii
UC Law SF International Law Review
Since 1945, Arab states have prohibited trade with Israel. In the mid-1970s the sudden economic leverage of the countries participating in this boycott forced the United States to confront the asserted jurisdiction over American businesses. Concerned with the extraterritorial impact of the Arab boycott, Congress enacted two antiboycott laws. This Article adopts a new four-part analysis of boycott participation by American firms. Then, it examines the history of the Arab boycott and the United States government's responses, including the Arab reaction to the antiboycott laws and the record of the United States agencies responsible for enforcing the laws. The author …
Equity Joint Ventures With The People's Republic Of China: A Puzzle In Politics, Law, And Tradition, Alison Lisa Patrucco
Equity Joint Ventures With The People's Republic Of China: A Puzzle In Politics, Law, And Tradition, Alison Lisa Patrucco
UC Law SF International Law Review
The Chinese Government now encourages equity joint ventures to attract foreign investors. There is some uncertainty on the part of investors, however; while large numbers of businesses are seeking joint venture contracts, current investors are considering leaving China. This Article provides an assessment of the status of equity joint ventures for the foreign investor. It first considers the cultural context in which agreements with Chinese entities must be approached. The author asserts that a potential investor must try to understand China's deep-rooted reservations about Western thought and practice and the pervasive influences of Chinese tradition. The author then discusses the …
Choice For Tort Law In Enclaves Established By United States Corporations For Expatriate Employees, Wade F. Hyder
Choice For Tort Law In Enclaves Established By United States Corporations For Expatriate Employees, Wade F. Hyder
UC Law SF International Law Review
Traditional conffict of law rules generally dictate the application of the law of the jurisdiction where a tort has occurred. This procedure, however, may bar recovery to employees living in American corporation enclaves in countries that do not afford viable remedies to tort victims. This Note first examines the nature of expatriate enclaves in foreign nations. Next, the Note focuses on the difficulties in determining standards for deciding claims that arise out of relations within the enclaves. The author compares American and Saudi Arabian laws and their underlying principles and finds that application of Islamic common law may often result …
Evaluation And Reform Of California's Residency Standard, Dana L. Mishne
Evaluation And Reform Of California's Residency Standard, Dana L. Mishne
UC Law SF International Law Review
Under current California law, individuals classified as residents are taxed on their entire taxable income. Nonresidents are taxed only upon income derived from sources within California. This Note initially examines California's current standard for determining residency. The author points out that the current standard provides flexibility, but is too subjective to provide certainty. The author then discusses the current objective standard by which the federal government determines United States residency. In addition, the author suggests a modified version of the federal standard. This version would delete inapplicable provisions, but retain objective tests. In conclusion, the author proposes that California adopt …