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Full-Text Articles in Comparative and Foreign Law
Defamation In Hong Kong And The People's Republic Of China: Potential Perils Of Two Standards Of Free Speech, Melissa K. Bauman
Defamation In Hong Kong And The People's Republic Of China: Potential Perils Of Two Standards Of Free Speech, Melissa K. Bauman
UC Law SF International Law Review
Britain will return sovereignty over Hong Kong to the People's Republic of China (PRC) in 1997. Britain and the PRC have agreed that Hong Kong law will remain in effect until at least 2047. Using defamation law as an example, this Note explains why this agreement actually offers little protection or reassurance to the people of Hong Kong. Hong Kong law as written and Hong Kong law as enforced by the British differ greatly. Recently actions of the PRC government, particularly the Tienamen Square Massacre, suggest that the PRC is likely to enforce the laws in their stricter, written form. …
Privacy In German Employment Law, Robert G. Schwartz Jr.
Privacy In German Employment Law, Robert G. Schwartz Jr.
UC Law SF International Law Review
The computer and technological revolutions have made it possible for employers to collect enormous quantities of personal information on their employees. American legislators are only beginning to recognize the potential dangers to employee privacy. Germany, on the other hand, has a long history of protecting employees from the intrusive behavior of their employers. This Article outlines the constitutional and statutory protection afforded German workers. The author particularly examines issues related to gathering and storing personal information, including the results of required medical tests.
Legal Aspects Of Foreign Investment In Korea, Doo Hwan Kim
Legal Aspects Of Foreign Investment In Korea, Doo Hwan Kim
UC Law SF International Law Review
With the explosion of economic growth in the Pacific Rim, Korea is an increasingly attractive place for foreign investment. This Article introduces foreign investors and attorneys to laws governing foreign investment in Korea. After examining the recent government efforts to encourage foreign investment, the Article analyzes the most important bodies of law governing foreign investment.
U.S. Sugar Policy: Domestic And International Repercussions Of Sour Law, Katherine E. Monahan
U.S. Sugar Policy: Domestic And International Repercussions Of Sour Law, Katherine E. Monahan
UC Law SF International Law Review
This Note examines the U.S. Government's sugar program and the criticism it has received. After outlining the history of the program, the author describes current law and its adverse effect on U.S. consumers. Next, the Note examines how the sugar program undermines U.S. trade and foreign policy goals. The author concludes by recommending that the U.S. express a willingness to change its policy in the current round of GATT negotiations to provide impetus for multilateral reduction of agricultural protectionism.
Disappearances In Honduras: The Need For Direct Victim Representation In Human Rights Litigation, Claudio Grossman
Disappearances In Honduras: The Need For Direct Victim Representation In Human Rights Litigation, Claudio Grossman
UC Law SF International Law Review
In two landmark decisions, the Inter-American Court of Human Rights recently found that the Government of Honduras was responsible for the politically-motivated kidnappings and murders of two Honduran nationals. This Article examines these decisions and evaluates the advisory role given the victims' lawyers in the proceedings. The author argues that such indirect participation by the victims and their families is unsatisfactory. The Article concludes that the international system for investigating and punishing human rights abuses would benefit from direct representation of the victims.
Applying Circular Reasoning To Linear Transactions: Substance Over Form Theory In U.S. And U.K. Tax Law, Karen B. Brown
Applying Circular Reasoning To Linear Transactions: Substance Over Form Theory In U.S. And U.K. Tax Law, Karen B. Brown
UC Law SF International Law Review
This Article examines the treatment of the step-transaction doctrine in the United States and the United Kingdom. The author notes that in transactions not involving a legitimate business motive, both U.S. and U.K. courts will apply a substance over form approach in determining the tax consequences. In any transactions with a non-tax avoidance purpose, however, courts in both countries are reluctant to take the same approach. In those cases, form rules over substance. The author believes this distinction is illogical. This Article proposes that courts take a substance over form approach in all cases, regardless of whether there is a …
The European Court Of Justice And The U.S. Supreme Court: Parallels In Fundamental Rights Jurisprudence, Steven A. Bibas
The European Court Of Justice And The U.S. Supreme Court: Parallels In Fundamental Rights Jurisprudence, Steven A. Bibas
UC Law SF International Law Review
The European Court of Justice has taken an activist approach to protecting human rights. Most scholars approve of this. However, one scholar, Hjalte Rasmussen, has been sharply critical of the ECJ's activism. This Comment addresses Rasmussen's criticisms and rebuts them. Because Rasmussen compares the ECI and the U.S. Supreme Court, the author discusses the similarities between the two courts and addresses the criticism of U.S. Supreme Court activism by Robert Bork in his book The Tempting of.America. The author ends with an argument in support of a purposive theory of constitutional interpretation.
Dual Nationality In France And The United States, Simone Tan
Dual Nationality In France And The United States, Simone Tan
UC Law SF International Law Review
As society becomes increasingly global, more and more Americans are living abroad. As a result, dual nationality is increasingly common. This Note argues that the United States should adopt legislation making it easier for Americans living abroad to pass their citizenship on to their children. The author uses France's experience with its dual nationals as an example for the United States of how this situation can be handled effectively. The Note argues that by drawing on the principles of the French solution, the United States could keep the goodwill and tax dollars of its citizens living abroad.
The Comparative Law Of Flag Desecration: The United States And The Federal Republic Of Germany, Peter E. Quint
The Comparative Law Of Flag Desecration: The United States And The Federal Republic Of Germany, Peter E. Quint
UC Law SF International Law Review
Cases on political speech in different constitutional systems may illuminate important presuppositions of those systems. Pursuing this theme, this Article compares decisions on flag desecration in the United States and the Federal Republic of Germany. In the United States, where protection aginst seditious libel has been rejected as a legitimate governmental interest, arguments for penalizing flag desecration must assert implausible governmental interests. In contrast, the German Constitutional Court frankly acknowledges that the state may sometimes penalize flag desecration to avoid the impairment of governmental authority. In conclusion the author questions whether the German doctrine, which may have been justifiable in …
Trade, Environment, And Sustainable Development: A Primer, Robert Housman, Durwood Zaelke
Trade, Environment, And Sustainable Development: A Primer, Robert Housman, Durwood Zaelke
UC Law SF International Law Review
Free trade policy and environmental policy are often at odds. Experts on both sides, however, are beginning to realize that sustainable development is the best hope for long-term international economic prosperity. Given the environmental crisis the world is facing, both sides must work to reconcile the legal relationship between trade agreements and environmental agreements if sustainable development is to be achieved and maintained. Accordingly, this Article surveys trade agreements, including the General Agreement on Tariffs and Trade, and environmental agreements for possible conflicts. The Article concludes with a brief discussion of options for reducing or eliminating such conflicts.
Singapore: A Model Of Urban Environmentalism In Southeast Asia, Brian C. Smith
Singapore: A Model Of Urban Environmentalism In Southeast Asia, Brian C. Smith
UC Law SF International Law Review
Amid a region characterized by urban chaos and environmental neglect, Singapore stands out as an exemplary model of urban environmentalism. Through conscientious planning and comprehensive regulation, Singapore sets the standard for developing nations throughout Southeast Asia and is assuming the role of a regional leader in environmental affairs. Although there are deficiencies with parts of its environmental policy, Singapore is ahead of many of its neighboring countries and offers hope for this environmentally and economically critical region.
Arbitrating In Thailand, Jahan P. Raissi
Arbitrating In Thailand, Jahan P. Raissi
UC Law SF International Law Review
Thailand has one of the developing world's strongest economies. The growth of the Thai economy has been fueled largely by foreign investment. As foreign investment in Thailand continues, disputes between foreign enterprises and their Thai counterparts are inevitable. One method for resolving these disputes is through arbitration at the new Arbitration Office in The Ministry of Justice. This note examines Thailand's 1987 Arbitration Act, the 1990 Arbitration Rules, and some other factors involved in arbitrating in Thailand. The note concludes that many of the potential advantages of arbitration are lost under the Thai rules and therefore arbitrating in Thailand is …
Predatory Pricing: The Evolution Of Judicial Standards In The United States And The European Economic Community, Nelsonya Causby
Predatory Pricing: The Evolution Of Judicial Standards In The United States And The European Economic Community, Nelsonya Causby
UC Law SF International Law Review
Predatory pricing occurs when a firm lowers its prices so that its competitors will lose business. When the competition leaves the market, the predatory firm can raise its prices beyond the levels of a competitive market. Predatory pricing is a violation of the antitrust laws of both the United States and the EC. This Note examines the standards used to determine whether a firm is engaged in predatory pricing in the U.S. and the EC. The author criticizes the approach taken by the U.S. Supreme Court and recommends the adoption of the EC standard.
Application Of American Land Use And Environmental Planning Techniques To Environmental Recovery In Emerging Economies: Fundamental Foundations From The New World To The Old, Lee R. Epstein, Larry A. Gordon
Application Of American Land Use And Environmental Planning Techniques To Environmental Recovery In Emerging Economies: Fundamental Foundations From The New World To The Old, Lee R. Epstein, Larry A. Gordon
UC Law SF International Law Review
As we move into the twentieth century, environmental problems continue to receive a great deal of international attention and concern. It is recognized that the ongoing degradation of the world's natural resources combined with pollution and other environmental problems threatens the well being of us all. This article begins by exploring a number of regional environmental problems and looks particularly at the decay of the world's urban centers. An examination of the development of the planning process employed modernly in the United States follows. The authors propose that the application of the American land use planning techniques may lessen the …
Foreign Investment Promotion: Thailand As A Model For Economic Development In Vietnam, Camellia Ngo
Foreign Investment Promotion: Thailand As A Model For Economic Development In Vietnam, Camellia Ngo
UC Law SF International Law Review
The investment promotion strategy of any nation, as set forth in its investment promotion laws, plays a crucial role in its economic development. Vietnam, rumored to be Southeast Asia's "next Asian Tiger," currently maintains one of the most liberal foreign investment codes of any developing nation. Vietnam currently looks to Thailand as a model for economic development. This note discusses the 1987 Law on Foreign Investment in Vietnam (1987 FIL) and the Investment Promotion Act of Thailand and contrasts the two countries' strategies for developing their economies through enactment of foreign investment promotion legislation. This note concludes that Vietnam's 1987 …
Neither Fish, Nor Flesh, Nor Good Red Herring Lok Adalats: An Experiment In Informal Dispute Resolution In India, Sarah Leah Whitson
Neither Fish, Nor Flesh, Nor Good Red Herring Lok Adalats: An Experiment In Informal Dispute Resolution In India, Sarah Leah Whitson
UC Law SF International Law Review
In India, attempts to provide speedy and informal resolution of disputes through conciliation and mediation have focused on the institution of the Lok Adalat, which means the "people's courts." The Lok Adalat courts aim at extending access to the judicial system and providing a means of dispute resolution which is sensitive to the variety of indigenous methods. This Article examines the Lok Adalat courts both theoretically and in practice.
Criminalizing The Sexual Transmission Of Hiv: An International Analysis, Thomas W. Tierney
Criminalizing The Sexual Transmission Of Hiv: An International Analysis, Thomas W. Tierney
UC Law SF International Law Review
Public health authorities and legislators are concerned that HIV infected individuals may deliberately engage in behavior that exposes others to the virus. Some feel that governments should impose criminal sanctions against such individuals. This Note compares criminal laws relating to HIV transmission in the United States, Great Britain, Australia, and New Zealand. The author concludes that the traditional criminal approach is inappropriate for dealing with conduct capable of transmitting HIV. Finally, the Note proposes elements for a special HIV-specific criminal statute that takes into account the unique characteristics of this disease.
United Nations Convention On The Rights Of The Child: Will It Help Children In The United States, Elizabeth M. Calciano
United Nations Convention On The Rights Of The Child: Will It Help Children In The United States, Elizabeth M. Calciano
UC Law SF International Law Review
The United Nations Convention on the Rights of the Child (UNCRC) provides a comprehensive list of children's rights. While 139 countries have signed the UNCRC, signalling their intent to ratify, the United States has not yet done so. This Note examines the question of whether ratification of the UNCRC would help U.S. children. After exploring the plight of children in the United States and the potential uses of the UNCRC in U.S. courts, the Note concludes that ratification would benefit American children whose rights are litigated in U.S. courts.
200 Mph Cigarette Ads: A Comparison Of International Restrictions On Tobacco Sports Sponsorship, Randall H. Stoner
200 Mph Cigarette Ads: A Comparison Of International Restrictions On Tobacco Sports Sponsorship, Randall H. Stoner
UC Law SF International Law Review
Since tobacco advertising was banned from United States airwaves in the early 1970s, tobacco companies have searched for alternate ways to bring their products to the attention of the American public. One of the most successful of these has been the sponsorship of sporting activities, particularly motorsports. This Note addresses tobacco company sponsorship of motorsports. Particularly, the Note discusses two bills that have been introduced in the United States Congress and the constitutionality of a complete ban on tobacco company sports sponsorship. The Note then examines the approaches used in Canada, Great Britain, and Australia. The author discusses the possible …
An Emerging Framework For Greater Foreign Participation In The Economies Of Hungary And Poland, Steven A. Velkei
An Emerging Framework For Greater Foreign Participation In The Economies Of Hungary And Poland, Steven A. Velkei
UC Law SF International Law Review
Hungary and Poland are currently in the midst of shifting their economies from state control to free market capitalism. This transition requires massive changes in legislation. The governments of Hungary and Poland hope their new laws will facilitate and encourage the entry of foreign capital. This Note examines new legislation in these countries, particularly as it relates to foreign investment and ownership. The Note concludes with suggestions for legal reform which can be applied to all the countries of Eastern Europe.
Prosecuting Iraqi Gulf War Crimes: Allied And Israeli Rights Under International Law, Louis Rene Beres
Prosecuting Iraqi Gulf War Crimes: Allied And Israeli Rights Under International Law, Louis Rene Beres
UC Law SF International Law Review
Numerous acts committed by Iraq during the Gulf War constitute crimes under international law. This essay explores the foundation and development of international law. The essay concludes that, given the scope and severity of the acts committed, both the United States and Israel would be justified in trying Saddam Hussein and others for war crimes under international law.