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Full-Text Articles in Comparative and Foreign Law

Newsletter, May 1986, Vol. 3, No. 1, The Dean Rusk International Law Center May 1986

Newsletter, May 1986, Vol. 3, No. 1, The Dean Rusk International Law Center

Newsletters

Japanese Judicial Jurisdiction: Are Japanese Courts Catching Up With Americans? The Georgia Journal of International and Comparative Law; Rusk Center Activities; Selected Recent Acquisitions; International Development


The Foreign Direct Investment Controls, Ruey-Fen Sung Jan 1986

The Foreign Direct Investment Controls, Ruey-Fen Sung

LLM Theses and Essays

Foreign direct investment is the primary engine of economic development. The factors influencing a country's governmental policy of foreign direct investment at an international level constitute a wide and complex subject. This subject in my country,Taiwan, Republic of China, has been receiving increasing attention, for we now face the problems of balance of payments deficits, how to strengthen the N.T. dollar and improve the functions of foreign direct investment etc. In early 1970, the United States had problems similar to those which my country faces now; therefore, I will examine the "Foreign Direct Investment Regulations" (FDIR) of U.S. enacted in …


Toward A Comprehensive Theory Of Standard Form Contract Law: A Synthesis Of The Best From Germany And America, Dagmar Thurmann Jan 1986

Toward A Comprehensive Theory Of Standard Form Contract Law: A Synthesis Of The Best From Germany And America, Dagmar Thurmann

LLM Theses and Essays

The theory of this paper is simple: the law has to deal with 20th Century real contracts instead of blindly applying 19th Century classical “bargained for” contract law. Not to face the reality of the modern “unbargained for” adhesion contract disappoints the justified expectations of both parties, that is, the one drafting standard form terms and the one submitting to them. The subject of standard contract forms is appropriate for a comparative analysis between German and American contracts law.


The Role Of Efficiency Justifications In U.S.-American And West German Merger Control Law: A Comparison, Christian Westerhausen Jan 1986

The Role Of Efficiency Justifications In U.S.-American And West German Merger Control Law: A Comparison, Christian Westerhausen

LLM Theses and Essays

When merger control laws first emerged in the United States and West Germany in the early 1900s, some businessmen and economists argued that the efficiency of businesses was impeded by antimerger laws. They contended that only very large businesses could realize significant efficiencies, be internationally competitive, and attain technological progress. This paper analyzes the role that these efficiency arguments had on the laws in West Germany and the United States, respectively. German law mainly upheld the idea that preservation of competition was most important for business efficiency, but also included a provision that firms could put forward the social desirability …


Planning Under The National Environmental Policy Act: The Use Of Environmental Impact Statements In Agency Decisionmaking, Ralf Marxen Jan 1986

Planning Under The National Environmental Policy Act: The Use Of Environmental Impact Statements In Agency Decisionmaking, Ralf Marxen

LLM Theses and Essays

This article focuses on Environmental Impact Statements (EIS) as part of the Federal National Environmental Policy Act and will therefore not deal with the different State Environmental Policy Acts (SEPA) or their relation to and interaction with Federal legislation. Furthermore, this article will focus upon those issues that are of special relevancy to the possible adoption of EISs into the German legal system. The article will also address cost-benefit issues related to the EIS process. Part VIII (judicial review) will only concentrate on the judicial review of administrative action concerning environmental planning through EISs.