Comparative and Foreign Law Commons^™

Irregular' Asylum Seekers: What's All The Fuss?, James C. Hathaway

Articles

In 1985, the Executive Committee of UNHCR noted its concern about "the growing phenomenon of refugees and asylum-seekers who, having found protection in one country, move in an irregular manner to another country..." (Conclusion No. 36, para. j). At first glance, one might not view this conclusion as objectionable. With all of the millions of refugees in the world, most of who have no protection, why should we be concerned about the lot of a bunch of ingrates who, having already found protection, now want to move on in search of greener pastures? Don't we really have better things to …

Rebirth Of Chinese Legal Scholarship, A Personal Recollection, Sompong Sucharitkul

Publications

Paper presented at the International Business Law Seminar: Contract Negotiations with China in the 1990's, held at the Northwestern School of Law, Lewis and Clark College, October 28, 1988.

The Teaching Of The Law Of Thailand, Ted L. Mcdorman

Dalhousie Law Journal

Within the last few years Canada has begun to realize that it is a Pacific Rim country with substantial connections and interests in Asia. As part of this awakening Canadian interest in Asian affairs the Faculty of Law at the University of Victoria decided to develop and offer a course entitled "Legal Issues in Southeast Asia", with the hope that such a course would provide a forum for a systematic, informed comparison of the legal systems of Asia.

Constitutional Law (Kempo), Jutta Brunnée

Dalhousie Law Journal

In 1976 Carl Heymanns Verlag published the first volume of a series on Japanese law. A recent addition to this collection covering areas as diverse as civil and criminal procedure, labor law, nuclear energy law, and international law, is Miyazawa Toshiyoshi's (1899-1976) book on constitutional law. With this German translation, Robert Heuser and Yamasaki Kazuaki provide their readers with the first systematical overview on Japanese constitutional law in a western language.

Toward A Law Of Public Access To Government Information In Mexico, Carmen Quintanilla-Madero

University of Miami Inter-American Law Review

No abstract provided.

An American In Beijing: Perspectives On The Rule Of Law In China, Cole R. Capener

BYU Law Review

No abstract provided.

China's Reforms And Her External Relations, Arthur W. Hummel Jr.

BYU Law Review

No abstract provided.

Recent Chinese Legislation Assisting Foreign Investors To Solve Their Hard Currency Problem: Import Substitution And Other Options, Jerome Alan Cohen, Stuart J. Valentine

BYU Law Review

No abstract provided.

Investment And Export Contracts In The People's Republic Of China: Perspectives On Evolving Patterns, Stanley B. Lubman

BYU Law Review

No abstract provided.

Observations On The Importance Of Law In China, Stephen B. Young

BYU Law Review

No abstract provided.

The Recent Liberalization Of Exchange Controls And Its Legal Impact On Doing Business In Taiwan, William F. Atkin

BYU Law Review

No abstract provided.

A Review Of The Intellectual Property Laws In Taiwan: Proposals To Curb Piracy And Counterfeiting In A Developing Country, Paul C.B. Liu

BYU Law Review

No abstract provided.

The Constitutional Protection Of Freedom Of Religion, Expression, And Association In Canada And The United States: A Comparative Analysis, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Japan's High Technology Industries: Lessons And Limitations Of Industrial Policy, Steven R. Englund

Michigan Law Review

A Review of Japan's High Technology Industries: Lessons and Limitations of Industrial Policy edited by Hugh Patrick

Abortion And Divorce In Western Law, Sara J. Vance

Michigan Law Review

A Review of Abortion and Divorce in Western Law by Mary A. Glendon

Human Rights And International Relations, Sandip Bhattacharji

Michigan Law Review

A Review of Human Rights and International Relations by R.J. Vincent

An America's Cup For Tort Reform? Australia And America Compared, Jeffrey O'Connell, David Partlett

University of Michigan Journal of Law Reform

The issue of tort reform has descended from Ivory Towers to populist politics. A few years ago no one could have predicted that "tort reform" would become political argot and a stirring election slogan. Some in the United States see the tort crisis and the stimulus for reform as somehow uniquely American. This Article shows instead that many advanced, industrialized societies are discussing tort reform initiatives actively. The precise nature of the problems, the reasons for reform, and the shape of solutions will be fashioned by indigenous culture, tradition, and the uncertainties of politics. In the common-law world, however, a …

Philippine Land Reform: The Just Compensation Issue, Timothy Milton Hanstad

Washington Law Review

This Comment analyzes current Philippine land reform efforts, focusing on the constitutional definition of just compensation. First, the Comment discusses past Philippine land reform efforts. Second, the Comment analyzes legal arguments relating to a fair market value interpretation of just compensation. The Comment concludes that just compensation does not need to be interpreted as fair market value. In fact, such an interpretation may effectively abort any land reform effort in the Philippines, and perpetuate the structure of land ownership which the constitution seeks to remedy. Finally, this Comment proposes an alternative interpretation for land reform valuation that meets the just …

Philippine Land Reform: The Just Compensation Issue, Timothy Milton Hanstad

Washington Law Review

This Comment analyzes current Philippine land reform efforts, focusing on the constitutional definition of just compensation. First, the Comment discusses past Philippine land reform efforts. Second, the Comment analyzes legal arguments relating to a fair market value interpretation of just compensation. The Comment concludes that just compensation does not need to be interpreted as fair market value. In fact, such an interpretation may effectively abort any land reform effort in the Philippines, and perpetuate the structure of land ownership which the constitution seeks to remedy. Finally, this Comment proposes an alternative interpretation for land reform valuation that meets the just …

The James Mccormick Mitchell Lecture—Language As Violence V. Freedom Of Expression: Canadian And American Perspectives On Group Defamation, Alan Borovoy, Kathleen Mahoney, Barry Brown, Jamie Cameron, Mari Matsuda, David Goldberger

Buffalo Law Review

No abstract provided.

Risk Communication Law And Implementation Issues In The United States And European Community, Michael S. Baram

Faculty Scholarship

Risk communication has become an important element of public policy in the United States and the European Community (E.C.) for reducing technological risks to workers, product users and community residents. The risk communication process involves disclosure by an industrial firm (or other party) of information about the hazardous attributes of its activity or product to a regulatory agency or to persons who may be at risk, thereby facilitating a shared understanding of the risk and enabling interpretation of various risk prevention and response measures.

There are two general patterns of risk communication. One involves industrial disclosure to a government agency, …

Legal Aspects Of The Argentine Price Control Regulations, Fernando C. Aranovich

University of Miami Inter-American Law Review

No abstract provided.

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 …

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 …

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

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

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

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

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 …

Survey Of Registration And Disclosure Requirements In International Securities Markets, Scott D. Cohen

Michigan Journal of International Law

This survey of the domestic registration and disclosure requirements in the United Kingdom, the Federal Republic of Germany, France, Australia, Switzerland, the Netherlands, Canada, and Japan provides a topical overview of the institutions, requirements, and procedures involved in securities trading in foreign markets. While the goal of a unified international securities regulation system may represent the best long-term course for an efficient world-wide system of capital markets, the necessity to conform to domestic securities regulations will remain important in the coming years.