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Full-Text Articles in Comparative and Foreign Law
Comparative Analysis Of English And American Campaign Finance Laws, Rod Stanton Fiori
Comparative Analysis Of English And American Campaign Finance Laws, Rod Stanton Fiori
UC Law SF International Law Review
Campaign finance laws have been adopted in many countries to combat corruption, to moderate campaign costs, to equalize the financial ability of candidates to win elections, and to reduce disparities in the influence of contributors. This Note compares the American and British efforts to control campaign financing. The author finds that many of the goals of campaign laws have not been met in the United States, because the laws have had to remain within first amendment limits and because the laws have not been enforced on a regular basis. More effective campaign finance laws have been adopted in England, but …
Treaties And Nationalization: The People's Republic Of China Experience, Jay S. Laifman
Treaties And Nationalization: The People's Republic Of China Experience, Jay S. Laifman
UC Law SF International Law Review
American investors have invested over ten billion dollars in the People's Republic of China. Further investment, however, has been slowed by fears that the Chinese Government could nationalize American assets in China. These fears are based on past occurrences when political instability or international disagreements have led to nationalization of foreign assets by the Chinese. This Note examines the likelihood that the People's Republic of China would nationalize foreign assets in the future and proposes treaty terms that would protect American investors without offending Chinese sensibilities. The author suggests that future United States-China trade treaties should contain more explicit language …
Law And Genocide: A Critical Annotated Bibliography, David Kader
Law And Genocide: A Critical Annotated Bibliography, David Kader
UC Law SF International Law Review
Since the end of World War II, many scholars have devoted their efforts to the prevention of genocide and the punishment of its perpetrators. This Bibliography lists and describes the major writings pertaining to law and genocide and reviews how these works have been reflected in the enforcement of human rights. The author notes that, just as writings on genocide have moved from broad statements of human rights to discussions of how these rights should be enforced, international law should no longer focus on creating rights, but should focus on enforcing them. The author also proposes that more study be …
Changes In The Laws Governing The Parent-Child Relationship In Post-Revolutionary Nicaragua, Beth Stephens
Changes In The Laws Governing The Parent-Child Relationship In Post-Revolutionary Nicaragua, Beth Stephens
UC Law SF International Law Review
Nicaragua provides a useful case analysis for the response of family law to change. This Article reviews family law in effect in Nicaragua prior to the 1979 revolution. The Article then describes how the overthrow of the Somoza regime affected law and legislation in general. The most important new legislation affecting the parent-child relationship is discussed with emphasis on the 1982 law regulating family relationships and the family law provisions of the 1987 Nicaraguan Constitution. The Article analyzes the recent reforms with regards to the relevant international standards.
Homosexuality And The European Convention On Human Rights: What Rights, Daniel J. Kane
Homosexuality And The European Convention On Human Rights: What Rights, Daniel J. Kane
UC Law SF International Law Review
This Note discusses the status of homosexual persons under the European Convention on Human Rights by tracing cases under the Convention that have challenged member states' criminalization of homosexual relations. These cases rest largely on the Convention's right of privacy, which has recently been held to embody the right of homosexual adults to engage in consensual sexual relations free from state criminalization. In other aspects, however, the Convention has denied antidiscrimination protection to homosexual persons, despite the existence of guarantees in the Convention that prohibit such discrimination. This Note draws upon these provisions to outline the framework upon which such …
The Paradox Of A Revolutionary Constitution: A Reading Of The Nicaraguan Constitution, Christopher P. Barton
The Paradox Of A Revolutionary Constitution: A Reading Of The Nicaraguan Constitution, Christopher P. Barton
UC Law SF International Law Review
Nicaragua has recently adopted its first constitution since the 1979 Sandinista Revolution. The Constitution tries to institutionalize and legitimate the power of the FSLN and the Revolution itself within the framework of a basically westernstyle constitution. This Article examines the text of the Nicaraguan Constitution to explore the political philosophy underlying constitutionalism in Nicaragua, with particular attention to the place of the Party and the Revolution in the Constitution. The Article considers tensions in the Constitutional text between legitimating the power of the FSLN and creating institutions that limit that same power. Finally, the Article considers the idea, stated in …
Religious Law And Religious Freedom In Saudi Arabia And Israel: A Comparative Study, Richard N. Merenbach
Religious Law And Religious Freedom In Saudi Arabia And Israel: A Comparative Study, Richard N. Merenbach
UC Law SF International Law Review
Traditional religious law is enforced in both Saudi Arabia and Israel. In Saudi Arabia it is dominant and unchangeable, while in Israel the Knesset carefully selects when to use religious law. This Note examines the religious legal systems of Islam and Judaism as they are used in these countries. This Note particularly examines Islamic criminal law and Jewish family law. The Note also examines some of the problems that have been caused by the use of ancient legal systems.
Abortion And Liberalism: A Comparison Between The Abortion Decisions Of The Supreme Court Of The United States And The Constitutional Court Of West Germany, Douglas G. Morris
Abortion And Liberalism: A Comparison Between The Abortion Decisions Of The Supreme Court Of The United States And The Constitutional Court Of West Germany, Douglas G. Morris
UC Law SF International Law Review
Liberalism defines a relationship between individuals and the state in which individuals are treated equally by laws which provide certain rights. One of the central problems of applying liberal ideals is determining who the individuals accorded equal treatment are. A related problem is deciding who can make this determination. These problems also arise in court decisions concerning abortions. In its 1973 decision in Roe v. Wade, the United States Supreme Court declared unconstitutional a law that treated most abortions as crimes. Two years later, the Constitutional Court of West Germany struck down a national law that liberalized abortions. This Article …
Protections Against Compelled Production Of Private Papers In England And The United States, Kenneth R. Lehman
Protections Against Compelled Production Of Private Papers In England And The United States, Kenneth R. Lehman
UC Law SF International Law Review
When a government compels a person to produce private papers as evidence, the person may be adversely affected in two ways. First, the papers may be used to incriminate the person who provided them. Second, production of the papers may reveal the writer's intimate thoughts. This Note compares how these interests are protected under British and American law. The author finds that, while compelled production of self-incriminating evidence was not prohibited in the early part of British history, it is now a standard rule of evidence in England that a witness cannot be forced to produce self-incriminating evidence. Conversely, while …
The 1962 Cuban Missile Agreement: Status And Prospects Upon Its Second Quarter-Century, George Steven Swan
The 1962 Cuban Missile Agreement: Status And Prospects Upon Its Second Quarter-Century, George Steven Swan
UC Law SF International Law Review
This Article reviews the 1962 Soviet-American-Cuban Missile Agreement in the perspective of American Constitutional law, particularly in light of presidential authority. It notes the high degree of respect afforded to presidential diplomatic and military moves in times of crisis by the Supreme Court. It recounts the broad extent of presidential foreign policy making authority and it observes difficulties confronting parties hoping to challenge the exercise of such authority in court. Such challenges to be surmounted by prospective plaintiffs would be the standing problem and the political question problem, respectively. The discussion also apprehends that the 1962 undertaking has been determined …
Tax Planning For Japanese Investment In The United States, Alan S. Woodberry, Neal W. Zimmerman
Tax Planning For Japanese Investment In The United States, Alan S. Woodberry, Neal W. Zimmerman
UC Law SF International Law Review
This Article presents a discussion of various structural tax issues that a Japanese company should consider when acquiring or starting a business in the United States. Its purpose is to offer tax planning ideas which will allow Japanese investors to minimize United States and Japanese taxes without unduly altering nontax considerations. The Article begins by examining the tax implications of operating through a United States subsidiary versus a branch. It then discusses the purchase of a United States business, focusing on the pros and cons of both stock and asset acquisitions. In conclusion, it considers the following areas: structuring the …
Maritime Drug Law Enforcement Act: An Analysis, Mary B. Neumayr
Maritime Drug Law Enforcement Act: An Analysis, Mary B. Neumayr
UC Law SF International Law Review
In 1986, Congress passed the Maritime Drug Law Enforcement Act as part of its overall effort to halt the enormous flow of illicit drugs into the United States. The Act departs from traditional Maritime jurisdiction, limited to the nation's territorial waters, and authorizes the Coast Guard under certain circumstances to board foreign flagged vessels virtually anywhere on the high seas. Since the legislation stands in contrast to the classic doctrine of the freedom of the sea, and consequently invites examination, this Note evaluates the Act in light of principles of international and domestic law. This Note analyzes the particular provisions …
Interpreting The Alien Tort Statute: Amicus Curiae Memorandum Of International Law Scholars And Practitioners In Trajano V. Marcos, David Cole, Jules Lobel, Harold Hongju Koh
Interpreting The Alien Tort Statute: Amicus Curiae Memorandum Of International Law Scholars And Practitioners In Trajano V. Marcos, David Cole, Jules Lobel, Harold Hongju Koh
UC Law SF International Law Review
The Alien Tort Statute, 28 U.S.C. § 1350, provides federal jurisdiction for aliens to sue aliens for torts "committed in violation of the law of nations." Since the Second Circuit's landmark decision in Filartiga v. Pena-Irala, 630 F.2d 876 (2d Cir. 1980), holding that the statute allows federal courts to adjudicate violations of customary international human rights norms, it has proven to be the most important domestic judicial mechanism for the enforcement and advancement of international human rights. In 1988, the Justice Department filed an amicus brief in the Ninth Circuit in a consolidated appeal from several Alien Tort Statute …
United States, Canadian, And International Refugee Law: A Critical Comparison, Ronald C. Silberstein
United States, Canadian, And International Refugee Law: A Critical Comparison, Ronald C. Silberstein
UC Law SF International Law Review
Both Canada and the United States are bound through the United Nations Protocol Relating to the Status of Refugees to establish domestic laws consistent with the Protocol that facilitate the resettlement of refugees. Both countries define refugees as persons outside their country of residence who are unwilling or unable to return, owing to a well-founded fear of persecution on account of race, religion, social group, political opinion or nationality. However, the United States interprets this definition in a manner very different from that of Canada. Canada uses one standard for the classification of refugees and, with few exceptions, guarantees to …
Countertrade, The Gatt, And The Theory Of The Second Best, William D. Zeller
Countertrade, The Gatt, And The Theory Of The Second Best, William D. Zeller
UC Law SF International Law Review
Countertrade, which refers to international barter and barterlike transactions, has grown rapidly in recent years, becoming a permanent part of the world economy. This growth has occurred despite criticisms that countertrade is inefficient and creates distortions that could undermine the multilateral trade system. This Article defends countertrade against such arguments and asserts that countertrade actually enhances international trade. After initially reviewing the different types of countertrade, the author argues that countertrade is an appropriate response to the disequilibrium of a "second-best" world, because its trade-creating effects outweigh its trade-diverting effects. The author also asserts that countertrade is not inconsistent with …
The Montreal Protocol On Substances That Deplete The Ozone Layer: Can It Keep Us All From Needing Hats, Sunglasses, And Suntan Lotion, Paul R. Tourangeau
The Montreal Protocol On Substances That Deplete The Ozone Layer: Can It Keep Us All From Needing Hats, Sunglasses, And Suntan Lotion, Paul R. Tourangeau
UC Law SF International Law Review
Damage to the earth's stratospheric ozone layer is an inherently international issue requiring a forthright and fresh approach to international problem solving. The Montreal Protocol on Substances that Deplete the Ozone Layer is a landmark environmental treaty. It requires participating nations to freeze and then reduce production and consumption of economically valuable, but environmentally harmful, chemical compounds. This Note analyzes the efficacy of the provisions of the Protocol in light of both the original and new information on damage to the ozone layer. Discussion will focus on the structure and content of the chemical control measures, concessions for less developed …
The South African Judicial Order And The Future: A Comparative Analysis Of The South African Judicial System And Judicial Transitions In Zimbabwe, Mozambique, And Nicaragua, Heinz J. Klug
UC Law SF International Law Review
South African courts function as an integral part of the apartheid system, enforcing apartheid legislation on the one hand while suppressing resistance by the black majority on the other. First, this Note analyzes the existing judicial order in South Africa focusing on its development in the context of the apartheid system. Second, this Note compares the experiences of judicial transformation following political revolutions in Zimbabwe, Mozambique, and Nicaragua.. The comparison serves to identify how different factors, including varying forms of political transformation and social resources available to a new government, produce constraints and stimuli to judicial transformation. Finally, this Note …