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International Law Commons

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Comparative and Foreign Law

UC Law SF International Law Review

1984

Articles 1 - 19 of 19

Full-Text Articles in International Law

Antitrust Law And Economic Analysis: The Swedish Approach, David J. Gerber Jan 1984

Antitrust Law And Economic Analysis: The Swedish Approach, David J. Gerber

UC Law SF International Law Review

Antitrust regimes are mixtures of law, economics and administrative action instituted to protect complex economic processes. Currently in the United States there is widespread confusion and doubt about the goals, values, structures and processes of antitrust law. This Article presents a comparative study of United States and Swedish antitrust law in an attempt to shed some light on the current confusion. Sweden offers a valuable comparison because it utilizes its antitrust law to achieve the same basic goals that are pursued under United States antitrust law, but it does so in a significantly different manner. Swedish antitrust law, in contrast …


Strategies For Entering Foreign Markets, Michael W. Berwind Jan 1984

Strategies For Entering Foreign Markets, Michael W. Berwind

UC Law SF International Law Review

No abstract provided.


Policy-Oriented World Power Process, Julius Stone Jan 1984

Policy-Oriented World Power Process, Julius Stone

UC Law SF International Law Review

This material is a reprint of Chapter 4 of Professor Stone's latest book, Visions of World Order. Between State Power and Human Justice. In this book, Professor Stone analyzes the "factual substratum" out of which international law arises or ought to arise and how this factual substratum is relevant to discussions of international justice and international law itself. In the chapter reprinted here, Professor Stone discusses the work of Professor Myres McDougal. MeDougal, according to Stone, focuses on the policy-oriented approach of national decision-makers participating in the "World Power Process." Because the policy ostensibly being pursued is the furthering of …


International Distribution And Sales Agency Agreements, Andre M. Saltoun Jan 1984

International Distribution And Sales Agency Agreements, Andre M. Saltoun

UC Law SF International Law Review

No abstract provided.


Business Opportunities In Japan, Hal G. Nielsen Jan 1984

Business Opportunities In Japan, Hal G. Nielsen

UC Law SF International Law Review

No abstract provided.


Attorney-Client Privilege In The European Communities After A.M. & S. V. Commission: The Secret Is Out, Jeffrey Taylor Makoff Jan 1984

Attorney-Client Privilege In The European Communities After A.M. & S. V. Commission: The Secret Is Out, Jeffrey Taylor Makoff

UC Law SF International Law Review

In a 1982 case the Court of Justice of the European Communities recognized the existence of an attorney-client privilege in European Community law. The privilege recognized by the Court of Justice, however, is narrower in scope than its United States counterpart; and the 1982 case left unanswered many important questions concerning the privilege's practical application in future cases. This Note examines the evolving doctrine of attorney-client privilege in Community law, with special attention given to the privilege's effect upon United States attorneys and their clients who are subject to Community jurisdiction.


Astronauts And A Unique Jurisprudence: A Treaty For Spacekind, George S. Robinson Jan 1984

Astronauts And A Unique Jurisprudence: A Treaty For Spacekind, George S. Robinson

UC Law SF International Law Review

No abstract provided.


Introduction: The Legal Aspects Of Inhabited Space Stations, I. H. Ph. Diederiks-Verschoor Jan 1984

Introduction: The Legal Aspects Of Inhabited Space Stations, I. H. Ph. Diederiks-Verschoor

UC Law SF International Law Review

No abstract provided.


United States Tax Developments During 1983 That Can Affect International Transactions, Frederick R. Chilton Jr. Jan 1984

United States Tax Developments During 1983 That Can Affect International Transactions, Frederick R. Chilton Jr.

UC Law SF International Law Review

No abstract provided.


Orbiting Inhabited Space Stations: Selected International Legal Aspects, Andrzej Gorbiel Jan 1984

Orbiting Inhabited Space Stations: Selected International Legal Aspects, Andrzej Gorbiel

UC Law SF International Law Review

No abstract provided.


Elaborating The Legal Status Of Astronauts, V. S. Vereschetin Jan 1984

Elaborating The Legal Status Of Astronauts, V. S. Vereschetin

UC Law SF International Law Review

No abstract provided.


Unifying The Law Of Impossibility, J. Barrigan Marcantonio Jan 1984

Unifying The Law Of Impossibility, J. Barrigan Marcantonio

UC Law SF International Law Review

On April 10, 1980, the United Nations Convention for the International Sale of Goods was announced. The Convention was the latest in a series of attempts to formulate a uniform law to govern transnational commercial transactions. Because the common- and civil-law systems start with fundamentally different approaches to contracts, the drafters of the Convention were faced with the difficult task of compromising between the two systems to create a hybrid acceptable to both. This Article focuses on the doctrine of impossibility where, on the surface at least, the common- and civil-law (exemplified by German law) approaches appear to be fundamentally …


Foreign Certificates Of Deposit: Securities Or Banking Transactions After Wolf V. Banco Nacional De Mexico, S.A., Dana W. Fox Jan 1984

Foreign Certificates Of Deposit: Securities Or Banking Transactions After Wolf V. Banco Nacional De Mexico, S.A., Dana W. Fox

UC Law SF International Law Review

A certificate of deposit has features which invite its characterization' as both a commercial banking and an investment banking instrument. This dual characterization raises a question as to whether the federal banking or securities laws properly apply to regulate the issue of such certificates. This Note reviews the implications of extending the coverage of the federal securities laws to the issuance of a certificate of deposit by a foreign bank to a United States citizen. The discussion centers upon Wof v. Banco Nacional de Mexico, A.,4. and incorporates the recent result in that case, analyzing its likely effect upon the …


Preferential Treatment For Foreign Investment In The People's Republic Of China: Special Economic Zones And Industrial Development Districts, Thomas J. Klitgaard, Mayre Rasmussen Jan 1984

Preferential Treatment For Foreign Investment In The People's Republic Of China: Special Economic Zones And Industrial Development Districts, Thomas J. Klitgaard, Mayre Rasmussen

UC Law SF International Law Review

No abstract provided.


Space Stations: Political, Practical And Legal Considerations, Carl Q. Christol Jan 1984

Space Stations: Political, Practical And Legal Considerations, Carl Q. Christol

UC Law SF International Law Review

No abstract provided.


International Aspects Of The Proposed Commercialization Of United States Civil Land Remote-Sensing, D. Grant Seabolt Jr. Jan 1984

International Aspects Of The Proposed Commercialization Of United States Civil Land Remote-Sensing, D. Grant Seabolt Jr.

UC Law SF International Law Review

No abstract provided.


Extraterritorial Discovery: Extension Of Jurisdiction By The Eleventh Circuit, Geoffrey Spellberg Jan 1984

Extraterritorial Discovery: Extension Of Jurisdiction By The Eleventh Circuit, Geoffrey Spellberg

UC Law SF International Law Review

A problem which frequently arises in connection with international litigation concerns the assertion of jurisdiction by a court over a person, or res located in a foreign state. Extension of jurisdiction by United States courts to foreign enterprises has typically been manifested by discovery orders compelling document production. Foreign states have attempted to block this extension of jurisdiction by enacting nondisclosure statutes which subject violators to criminal liability for compliance with United States discovery orders. This Note examines the analysis developed by United States courts to determine the propriety of enforcing discovery orders that may subject a party to liability …


Tom Sawyer's Apology: A Reevaluation Of United States Pesticide Export Policy, Mark David Mcwilliams Jan 1984

Tom Sawyer's Apology: A Reevaluation Of United States Pesticide Export Policy, Mark David Mcwilliams

UC Law SF International Law Review

United States pesticide manufacturers are exporting increasingly large amounts of pesticides which are banned or restricted for use in the United States. The use of these pesticides presents dire health and environmental consequences in the developing countries which import the pesticides. Current United States policy dealing with the problems raised by pesticide export stresses notification of recipient countries when such pesticides are exported. This Note contends that the notification policy is fundamentally flawed in that developing countries cannot make use of the information provided by the notification process. The Note suggests that a new policy of direct regulation is needed …


Worker Participation: Industrial Democracy And Managerial Prerogative In The Federal Republic Of Germany, Sweden And The United States, Laurence S. Zakson Jan 1984

Worker Participation: Industrial Democracy And Managerial Prerogative In The Federal Republic Of Germany, Sweden And The United States, Laurence S. Zakson

UC Law SF International Law Review

Section 8(a)(5) of the National Labor Relations Act establishes a mandatory duty for statutory employers and collective bargaining agents of their employees to bargain with each other in good faith with respect to "wages, hours, and other terms and conditions of employment." In a recent decision, First National Maintenance Corp. v. NLRB, the United States Supreme Court narrowly circumscribed the scope of this duty, effectively removing from the collective bargaining arena many decisions significantly affecting workers (e.g., plant closings and "job security"). This Note examines the underlying policies and the actual statutory and case-law applications of worker participation mechanisms in …