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Articles 1 - 30 of 79
Full-Text Articles in International Law
A Tale Of Two Trusts: The Problems Of Foreign Spouses Who Inherit Pension Benefits, Gail B. Cooperman
A Tale Of Two Trusts: The Problems Of Foreign Spouses Who Inherit Pension Benefits, Gail B. Cooperman
University of Miami Inter-American Law Review
No abstract provided.
A Comparison Of Guilty Plea Procedure In The United States And Germany, Helen A. Haglich
A Comparison Of Guilty Plea Procedure In The United States And Germany, Helen A. Haglich
Penn State International Law Review
No abstract provided.
An Historic Convergence Of Civil And Common Law Systems-Italy's New "Adversarial" Criminal Procedure System, Louis F. Del Duca
An Historic Convergence Of Civil And Common Law Systems-Italy's New "Adversarial" Criminal Procedure System, Louis F. Del Duca
Penn State International Law Review
No abstract provided.
British Resistance To European Integration: An Historical And Legal Analysis With An Examination Of The United Kingdom's Recent Entry Into The European Monetary System, Allen Neely
Penn State International Law Review
No abstract provided.
Abortion Law Reform: The Nexus Between Abortion And The Role Of Women In The German Democratic Republic And The Federal Republic Of Germany, Elizabeth J. Kapo
Abortion Law Reform: The Nexus Between Abortion And The Role Of Women In The German Democratic Republic And The Federal Republic Of Germany, Elizabeth J. Kapo
Penn State International Law Review
No abstract provided.
Bridging The Gap In Eastern Europe: Forty Years Of Communist Indifference And The New Environmental Realities In Poland, Kenneth J. Serafin
Bridging The Gap In Eastern Europe: Forty Years Of Communist Indifference And The New Environmental Realities In Poland, Kenneth J. Serafin
Penn State International Law Review
No abstract provided.
The Securities Tax System In Japan: Historical Background And Present Trends, Masana Hasegawa
The Securities Tax System In Japan: Historical Background And Present Trends, Masana Hasegawa
UC Law SF International Law Review
Japan's securities market, as an international capital market, contributes to the economy of other nations. The author describes how interest, dividends, and transfers of securities are taxed in Japan and argues that the securities taxation system should be modified to encourage Japanese and overseas investors to continue contributing to global economic development through investment in the Japanese securities market. In this Article, the author explores the development of the Japanese securities taxation system and analyzes proposed revisions to the current system.
Emerging Issues Associated With Twenty-Four Hour World Securities Trading, Mitsuo Sato
Emerging Issues Associated With Twenty-Four Hour World Securities Trading, Mitsuo Sato
UC Law SF International Law Review
This Article analyzes the possibility of twenty-four hour trading from a market regulator's perspective. The author proposes four alternative patterns on which to base a twenty-four hour securities market and concludes that linking exchanges in different time zones, along the lines of the foreign exchange market, represents the most realistic possibility. The author warns, however, that current trends towards standardization do not necessarily represent the creation of a global market or even the desire for one. The competitive nature of stock exchanges must be recognized by market regulators in striving towards this goal.
Security Markets In The United States And Japan: Distinctive Aspects Molded By Cultural, Social, Economic, And Political Differences, Dan Fenno Henderson
Security Markets In The United States And Japan: Distinctive Aspects Molded By Cultural, Social, Economic, And Political Differences, Dan Fenno Henderson
UC Law SF International Law Review
With the advent of Tokyo as one of the world's leading securities markets, the importance of uniform trade laws has become paramount. The author examines some of the cultural idiosyncrasies of doing business in the United States and Japan which may hinder this goal. He argues that these must be well understood before regulations creating a global market can be implemented.
Political, Regulatory, And Legal Problems: Focusing On The Securities Banking Fence Issue, Insider Trading, And The Disclosure Systems, Ichiro Matsui
Political, Regulatory, And Legal Problems: Focusing On The Securities Banking Fence Issue, Insider Trading, And The Disclosure Systems, Ichiro Matsui
UC Law SF International Law Review
There have been many new developments in Japanese securities law in the last few years. The author reviews some of the most important of these developments, including the movement to allow banks to participate in the securities business and new regulations pertaining to insider trading and disclosure. The author describes the substance of these new developments and analyzes the potential and actual effects of each of them.
Taxation Implications Of Global Trading: A Summary, Charles Thelen Plambeck
Taxation Implications Of Global Trading: A Summary, Charles Thelen Plambeck
UC Law SF International Law Review
In this Article, the author analyzes global trading by financial intermediaries of stocks, securities, and other products. To focus the analysis, the author describes typical organizational and locational patterns and points out the high degree of international functional integration common in this activity. The Article next discusses the current tax rules applicable to global trading. The author focuses on the Organization for Economic Cooperation and Development model income tax treaty and the Internal Revenue Code rules that govern the apportionment among jurisdictions of the profits of this activity. The author concludes that global trading challenges many fundamental economic assumptions upon …
Contractual Assurances In Multinational Agreements To Purchase Or Sell U.S. Businesses--Cultural Differences Heighten Normal Conflicts, Barry Fink
UC Law SF International Law Review
This Article discusses some of the difficulties of multinational contracting by examining some major differences in the American and Japanese methods of allocating contractual responsibilities. His insights are offered in the hope that debate over the differing concepts will lead to greater understanding and facilitate further international dealings.
Investment Opportunities And Barriers, Basil J. Schwan, Kayla J. Gillan
Investment Opportunities And Barriers, Basil J. Schwan, Kayla J. Gillan
UC Law SF International Law Review
This Article examines some of the negative aspects of corporate investment in the United States which result from a variety of corporate management protection schemes. These schemes reduce corporate accountability to shareholders and can be overcome only by federal leadership aimed at curtailing defensive actions by state governments which aggravate the accountability gap.
Dispute Resolution In The United States: Concerns And Opportunities In An Era Of Globalization Of Securities Markets, Mary Kay Kane
Dispute Resolution In The United States: Concerns And Opportunities In An Era Of Globalization Of Securities Markets, Mary Kay Kane
UC Law SF International Law Review
This Article outlines the salient characteristics of American securities litigation and discusses the procedural aspects of international disputes in American courts. The Article also provides some insights into alternative dispute resolution of these matters. The Author advances the notion that the difficulties associated with international litigation in the United States may be overcome by prior agreements and planning, as well as by legislative reform of the system and international agreements.
Dispute Resolution Between Investors And Broker-Dealers In The United States Securities Markets, Catherine Mcguire, Robert Love
Dispute Resolution Between Investors And Broker-Dealers In The United States Securities Markets, Catherine Mcguire, Robert Love
UC Law SF International Law Review
The securities markets in the United States have provided increasingly sophisticated arbitration fora for the resolution of securities disputes. U.S. statutory and case law, moreover, has been increasingly favorable to the resolution of international commercial disputes by arbitration. As international markets continue to link, and cross-border disputes arise, parties will be challenged to make creative application of the new arbitrations rules, and to identify areas where change and accommodation are needed.
A Comparative Analysis Of European And American Environmental Laws: Their Effects On International Blue Chip Corporate Mergers And Acquisitions, Nelson G. Smith Iii
A Comparative Analysis Of European And American Environmental Laws: Their Effects On International Blue Chip Corporate Mergers And Acquisitions, Nelson G. Smith Iii
UC Law SF International Law Review
The prospect of a unified European consumer market in 1992 has brought acquisition of European subsidiaries by American blue chip corporations to an all-time high. Along with these new relationships, however, come numerous problems of environmental law. Recent developments in international law indicate that American corporations may inherit extensive liabilities under CERCLA and unwieldy administrative problems when acquiring European holdings. Further complicating these transactions, access to important documents regarding a property's prior use is often difficult to obtain and incomplete to satisfy emerging liability standards. This Article explores the effects environmental laws and liabilities can have on an international blue …
No-Fault Personal Injury Automobile Insurance: The Quebec And New York Experiences And A Proposal For California, Sonja Stenger
No-Fault Personal Injury Automobile Insurance: The Quebec And New York Experiences And A Proposal For California, Sonja Stenger
UC Law SF International Law Review
One of the primary purposes of the automobile liability insurance system is to provide compensation to people injured in automobile accidents. Many experts agree that the traditional liability system has failed to adequately perform this function. California has been particularly affected by the failure of the traditional liability insurance system. This Note describes how no-fault automobile insurance improves on the liability insurance system and how it solves some of the system's biggest problems. This Note also analyzes two no-fault systems, that of Quebec and that of New York, and proposes a no-fault system for California.
The Overseas Private Investment Corporation And Worker Rights: The Loss Of Role Models For Employment Standards In The Foreign Workplace, James M. Zimmerman
The Overseas Private Investment Corporation And Worker Rights: The Loss Of Role Models For Employment Standards In The Foreign Workplace, James M. Zimmerman
UC Law SF International Law Review
The Overseas Private Investment Corporation (OPIC) was created in 1969 to encourage private American investment in developing countries. OPIC finances overseas projects and provides insurance against loss due to political risks. In 1985 because of concerns that OPIC-assisted projects in countries with low labor costs were resulting in the loss of domestic jobs, Congress passed a law requiring OPIC to withhold assistance from projects in countries which fail to adopt and implement internationally recognized workers' rights. This Article argues that this legislation is counterproductive. Developing countries are deprived of role models, since most OPIC projects adhere to higher labor standards …
The P.R.C.'S First Copyright Law Analyzed, Jianming Shen
The P.R.C.'S First Copyright Law Analyzed, Jianming Shen
UC Law SF International Law Review
This Article explains the People's Republic of China's new copyright law, the Authorship Right Law, which is scheduled to take effect on June 1, 1991. The Article explores how the new law protects the moral and economic (property) rights of authors and other copyright holders. The Article specifically analyzes a number of issues, including copyrightable subject matter, neighboring rights and obligations, penalties for infringement, and the international aspects of the law. The author also discusses the positive and negative aspects of the Authorship Right Law, both within China and internationally.
Soviet And Chinese Criminal Dissent Laws: Glasnost V. Tienanmen, Zach Georgopoulos
Soviet And Chinese Criminal Dissent Laws: Glasnost V. Tienanmen, Zach Georgopoulos
UC Law SF International Law Review
Recent developments in the People's Republic of China and the Soviet Union warrant a comparative study of the imposition of criminal liability for political dissent. In the Soviet Union, substantive changes in criminal dissent laws seem dramatic. In China, various doctrinal pronouncements may have a great effect on the application of such laws. This Note analyzes the similarities and differences in the current political imperatives of both nations in relation to their criminal laws, and attempts to discern possible future uses of criminal law as a means of suppressing political speech.
Some Thoughts On International Environmental Law From The Perspective Of A Domestic Practitioner, Brian E. Gray
Some Thoughts On International Environmental Law From The Perspective Of A Domestic Practitioner, Brian E. Gray
UC Law SF International Law Review
No abstract provided.
A Comparison Of Japanese And American Taxation Of Capital Gains, Brian Van Vleck
A Comparison Of Japanese And American Taxation Of Capital Gains, Brian Van Vleck
UC Law SF International Law Review
Japan has employed heavy tax preferences for capital gains as part of a spectacularly successful national policy of encouraging capital formation and economic growth. The United States, in contrast, brought an end to sixty-five years of capital gains preferences with the Tax Reform Act of 1986. A very limited cut was enacted in 1990. However, President George Bush has made further reductions in the capital gains tax a central goal of his administration. This Note analyzes the experience of both nations and examines the effects of capital gains taxation on economic efficiency, levels of national investment, the politics of income …
The World Bank's Environmental Assessment Policy, R.J.A. Goodland
The World Bank's Environmental Assessment Policy, R.J.A. Goodland
UC Law SF International Law Review
Environmental assessment (EA) became mandatory in all World Bank-assisted projects in October 1989. The purpose of EA is to ensure that the development options under consideration are environmentally sound and sustainable, and that any environmental consequences are recognized early in the project cycle and taken into account in EA policy. This Article outlines the World Bank's EA policy and the most common type of EA, project-specific EAs. Annexed to this Article is a checklist of potential issues of an EA, a description of the categories of EA, a sample outline of a project-specific EA, and a source list of EA …
Siberia, Environmentalism, And Problems Of Environmental Protection, Armin Rosencranz, Antony Scott
Siberia, Environmentalism, And Problems Of Environmental Protection, Armin Rosencranz, Antony Scott
UC Law SF International Law Review
Siberia contains the world's largest undeveloped open space. It comprises one-tenth of the world's land mass, contains one-fifth of the earth's forest cover, is home to some of the largest herds of reindeer, and contains Lake Baikal, which holds twenty percent of the world's fresh water. However, the long-term integrity of Siberia's rich and beautiful environment is in serious jeopardy because the very natural riches that give Siberia its environmental significance also invite exploration and exploitation. The Article examines some of the historical inadequacies of the Soviet legal and regulatory systems, the current economic concerns of the local Siberian communities, …
The Developing Countries In The Evolution Of An International Environmental Law, John Ntambirweki
The Developing Countries In The Evolution Of An International Environmental Law, John Ntambirweki
UC Law SF International Law Review
Until the global community began to recognize the damage wrought by uninhibited economic development throughout most of this century, the developing countries of the Third World foresaw and aspired to a similar unimpeded advance toward economic prosperity. Instead, in an effort to establish international economic order and environmental conservation, the developed countries asked the developing countries to join them in championing environmental conservation at the expense of economic development. Despite the fundamental incompatibility between developmental and environmental goals, the developing countries reluctantly joined the environmental cause, hoping to secure a role for themselves as the creators of new international environmental …
The European Community's Regulation And Control Of Waste And The Adoption Of Civil Liability, Patrick E. Thieffry, Peter E. Nahmias
The European Community's Regulation And Control Of Waste And The Adoption Of Civil Liability, Patrick E. Thieffry, Peter E. Nahmias
UC Law SF International Law Review
The European Community has primarily been concerned with economic integration among its member states. However, along with economic integration comes the need for uniform environmental policies. This Article discusses the current regulatory structure of waste management in the European Community and outlines the recently proposed directive calling for strict liability for injury or environmental damages caused by wastes. The proposed directive is intentionally broad in scope, and imposes joint and several civil liability upon the responsible parties. This Article discusses the pros and cons of the proposed directive in terms of the development of centralized and uniform European Community environmental …
The Future Of Customary Law In Namibia: A Call For An Integration Model, Lynn Berat
The Future Of Customary Law In Namibia: A Call For An Integration Model, Lynn Berat
UC Law SF International Law Review
The Namibian Constitution is, in many ways, a model for the world. Among the human rights it guarantees is the right to culture. There is support for the proposition that this includes the right to use customary law. The relationship between customary and national law is a difficult issue. This Article explores the options available to the Namibian Government as it attempts to balance the needs and desires of the people with the need for uniform laws. The author examines the treatment of customary law elsewhere in Africa, particularly Swaziland, Lesotho, and Botswana. The author concludes that while unification of …
Comparison Of Foresty Laws In The United States And Brazil As They Promote Deforestation In Southeastern Alaska And The Amazon Basin, Julia Levin
UC Law SF International Law Review
While the world condemns the destruction of the Amazonian rain forest in Brazil, the United States government allows non-sustainable timber harvesting in the world's largest nontropical rain forest, the Tongass National Forest, in southeastern Alaska. Both United States and Brazilian forest policies developed primarily to create jobs and provide economic stability. The two governments' subsidies and tax incentives have resulted, instead, in powerful private industries and expansive bureaucracies, whose budgets depend in part on continued forest destruction. Although both the United States and Brazil have recently reformed their forest policies, neither country's reforms are broad enough to protect the countries' …
Of Czechoslovakia And Ourselves: Essential Legal Supports For A Free Market Economy, Richard S. Gruner
Of Czechoslovakia And Ourselves: Essential Legal Supports For A Free Market Economy, Richard S. Gruner
UC Law SF International Law Review
The new Czechoslovak Government is in the process of dramatically revising that country's commercial and property laws in order to revitalize their economy and encourage foreign investment. This Article examines the initial steps toward legal reform, as well as the Government's future plans. Specifically, the author addresses the reforms of commercial and corporations law and the Government's plans for further privatization. The author concludes with the suggestion that an active and independent Czechoslovak judiciary will play a vital role in economic reform by reassuring foreign investors that the Government will not undercut the new laws for political reasons.
Abandoning The Rule Of Non-Inquiry In International Extradition, David B. Sullivan
Abandoning The Rule Of Non-Inquiry In International Extradition, David B. Sullivan
UC Law SF International Law Review
Under the rule of non-inquiry, a United States court is barred from denying extradition of an accused criminal, even when it is clear that the accused will be the victim of torture or cruel and inhumane treatment in the requesting country. This Note argues that the rule of non-inquiry should be replaced by a rule more.sensitive to humanitarian concerns. The Note begins by describing the international extradition process and the origins of the rule of non-inquiry. Next, it sets forth the dicta of Gallina v. Fraser, which proposed an exception to the rule of noninquiry. The Note suggests that an …