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Articles 1 - 8 of 8
Full-Text Articles in Comparative and Foreign Law
An Analysis Of The Nature And Impact Of Legal Complexities Facing United States Corporations Considering Investment Into The New South Africa, Philip R. Mcdougall
An Analysis Of The Nature And Impact Of Legal Complexities Facing United States Corporations Considering Investment Into The New South Africa, Philip R. Mcdougall
LLM Theses and Essays
Due to sanctions imposed against South Africa’s Apartheid government, the South African economy suffered as little international investment was made in the country. With these sanctions lifted following the democratic elections of 1994, South Africa is now an alluring country for international investment. Despite this attractiveness, U.S. corporations face many legal concerns before entering the South African economy. An analysis of these issues is made in the context of American and South African law with solutions proposed in an effort to avoid deterring foreign investment. These concerns include political and non-economic risks that often hinder investment in the African continent, …
The Duties And The Powers Of The Chapter 7 Trustee In Bankruptcy In The United States And In Belgium, Chantal J. De Nauw
The Duties And The Powers Of The Chapter 7 Trustee In Bankruptcy In The United States And In Belgium, Chantal J. De Nauw
LLM Theses and Essays
U.S. bankruptcy law offers a wide range of protections to a variety of debtors. The possibility of liquidation, reorganization, or rehabilitation is available to corporations, partnerships, individuals, and even some government institutions in the U.S. Conversely, the accessibility to bankruptcy in Belgium is restricted. In Belgium, only a salesman, as defined in the Belgian Code of Commerce, has access to bankruptcy protection, and this access is restricted in nature only to liquidation. This thesis analyzes the differences in the bankruptcy systems of the U.S. and Belgium, paying special attention to the role of the bankruptcy trustee in Chapter 7 bankruptcy …
The United States Implementing Legislation Of The Uruguay Round Agreement On Antidumping: Its Problems And Effects On The Bilateral Trade Relation Between The United States And Korea, Changdong Shin
LLM Theses and Essays
Antidumping laws were designed to protect domestic industries from unfair predatory price discrimination from foreign companies, yet these laws are often alleged to be used to protect domestic industries from competition. The U.S. has not been a stranger to these accusations since the 1980s as the U.S.’s trade deficit grew. The Uruguay Round negotiations were aimed at ending this protectionist use of antidumping laws, but many issues were left unsettled by the Uruguay Round antidumping agreement. In particular, interpretation of the agreement is deferred to each country primarily. Thus, the Dispute Settlement Body of the WTO can only determine a …
The Continental Moral Rights Doctrine And Its Applicability In The United States Copyright System, Oswaldo Jose Quintana
The Continental Moral Rights Doctrine And Its Applicability In The United States Copyright System, Oswaldo Jose Quintana
LLM Theses and Essays
In the last half of the twentieth century, international copyright protection has become of much greater concern as the copyright industry has become supranational. Treaties enacted in the last ten years such as the Berne Convention Implementation Act, the Uruguay Round Agreements Act, and the Agreement on Trade-Related Aspects of Intellectual Property Rights, provide the highest copyright protection available at the international level. Global piracy has declined in the last several years because of these provisions. However, the adherence by the United States to these treaties has caused controversy; some maintain that it represents a major overhaul of federal law …
Major Changes In Council Regulation 3283/94: Its Compatibility With The Uruguay Round Anti-Dumping Code, Sangsoo Son
Major Changes In Council Regulation 3283/94: Its Compatibility With The Uruguay Round Anti-Dumping Code, Sangsoo Son
LLM Theses and Essays
Dumping can be defined as exporting goods at prices below those charged on the domestic market or at prices insufficient to recover the cost of the goods sold. Dumping is considered an unfair trading practice because it interferes with free market economy principles. During the 1980s, anti-dumping measures were an important issue for a few developed countries that had attractive markets for foreign producers; these countries were the United States, the European Community, Canada, and Australia. The European Community (EC) has developed its own anti-dumping laws over the years; Article 113 of the EEC Treaty gives power to Community institutions …
Punitive Damages In Ancient Roman And Contemporary American Tort Law, Esther Julia Sonntag
Punitive Damages In Ancient Roman And Contemporary American Tort Law, Esther Julia Sonntag
LLM Theses and Essays
Both ancient Roman and contemporary American tort law recognize a type of damages that, instead of compensating the plaintiff for harm suffered, punishes the wrongdoer. In American law, courts can award two distinct amounts of money: compensatory damages for the plaintiff’s loss, and punitive damages as punishment and deterrence. Ancient Roman law had more extreme forms of remedies. In both legal systems there has been a trend to restrict punitive damages over time. The United States made efforts in the 1980s to place caps on punitive damages, which were referred to as “relics of the past,” and enhance requirements for …
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
LLM Theses and Essays
Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …
Choice Of The Applicable Law In United States Maritime Law And The Venezuelan System, Daniel Eric Vielleville
Choice Of The Applicable Law In United States Maritime Law And The Venezuelan System, Daniel Eric Vielleville
LLM Theses and Essays
International maritime transport is an important means of transport in international trade. The vessels used in international maritime transport face unique dangers which necessitate maritime law that addresses the perils associated with maritime transport. Maritime law concerns many jurisdictions, which creates a special interest for the study of conflict of laws. There are private international maritime laws in addition to multilateral treaties. This paper analyzes the international approach that the United States takes in maritime conflict of laws, and compares it with the Venezuelan system of private international law. Venezuela is a civil law country with old maritime legislation which …