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Articles 1 - 30 of 148
Full-Text Articles in Law
Freedom Of Information And The Eu Data Protection Directive, James R. Maxeiner
Freedom Of Information And The Eu Data Protection Directive, James R. Maxeiner
Federal Communications Law Journal
Because of advancements in information technology, the tension between protection of privacy and freedom of information has intensified. In the United States this tension is addressed with sector specific laws, like the Fair Credit Reporting Act. Conversely, in Europe, data protection laws of general applicability have existed for two decades. Recently, the Council of Ministers adopted a Common Position in a data protection directive.
The Author analyzes specific provisions of the Directive, primarily focusing on the provisions that address the tension between the right of privacy and the free flow of information within the European Union. Ultimately, the Directive strikes …
Implementation And Enforcement Of Cites: An Assessment Of Tiger And Rhinoceros Conservation Policy In Asia, Julie Cheung
Implementation And Enforcement Of Cites: An Assessment Of Tiger And Rhinoceros Conservation Policy In Asia, Julie Cheung
Washington International Law Journal
The Convention on International Trade in Endangered Species of Wild Fauna and Flora ("CITES") came into force in 1975 as a mechanism for controlling the international trade of threatened and endangered wildlife. In recent years, the international community has become increasingly concerned about the trade of endangered species, particularly tiger and rhinoceros parts, for use in traditional oriental medicines. The market for traditional oriental medicine is growing and has become the main threat to tiger and rhinoceros populations in Asia. This Comment examines the efforts Asian states have undertaken to control the tiger and rhinoceros trade within their borders and …
In Pursuit Of Profit Maximization By Restricting Parallel Imports: The U.S. Copyright Owner And Taiwan Copyright Law, Soojin Kim
Washington International Law Journal
Parallel importation occurs when goods which are authorized by the copyright owner to be sold only in a specific territory abroad are imported, without the copyright owner's authorization, into a non-authorized market. Parallel importation into Taiwan has been cause for concern for both U.S. copyright owners and their Taiwan licensees because such importation undermines their control over the marketing of copyrighted goods. A copyright owner may wish to market goods differently in different countries, setting the price of goods sold in one country higher than in another country. This Comment discusses the role of U.S. political pressure in Taiwan's enactment …
Drug Price Regulation And Compulsory Licensing For Pharmaceutical Patents: The New Zealand Connection, John M. Wechkin
Drug Price Regulation And Compulsory Licensing For Pharmaceutical Patents: The New Zealand Connection, John M. Wechkin
Washington International Law Journal
This Comment addresses effects of the 1992 rescission of compulsory licensing laws for pharmaceutical patents in New Zealand. The Comment summarizes the history behind the change in law, the effect the change has had, projections for future effects, and the degree to which the change brings New Zealand law into compliance with proposed General Agreement on Trade and Tariffs ("GAT") provisions. The effects of the repeal on drug prices appear to be masked by changes in New Zealand's pharmaceutical price support system. Both changes are illustrative of the continuing conflict over technology protection in the marketplace, a conflict which is …
The Development Of Human Rights In The Republic Of China On Taiwan: Ramifications Of Recent Democratic Reforms And Problems Of Enforcement, Winston Hsiao
Washington International Law Journal
October of 1995 marks the Republic of China's ("ROC") fiftieth anniversary of occupation in Taiwan. The ROC's impressive democratization in recent years follows a history of autocratic rule. Fear of government reprisal and a non-rights oriented neo-Confucian culture contributed to the people's slow assertion of their constitutional rights. Presently, the ROC's paradoxical international status raises important accountability issues. Though domestic courts now provide a more impartial forum for claims to be heard, international remedies are drastically limited should domestic ones fail. Expelled from the U.N. in 1971 and not officially recognized by most nation states, the ROC remains frightfully independent …
International Parallel Litigation: Disposition Of Duplicative Civil Proceedings In The United States And Japan, Yoshimasa Furuta
International Parallel Litigation: Disposition Of Duplicative Civil Proceedings In The United States And Japan, Yoshimasa Furuta
Washington International Law Journal
Although duplicative proceedings involve various negative effects, if motivated by legitimate reasons, parallel litigation may be justified. Therefore, regulation of international parallel litigation should be based on a close examination of the legitimacy of the litigants' motives, which should then be balanced against negative effects. In this comparative study of the parallel litigation practice in the United States and Japan, the contrast between the two countries is attributed to the underlying differences in each country's social and legal traditions. Despite the differences in their practice, however, each legal system offers a model that may be successfully adopted by the other …
The Role Of Bureaucracy In Managing Urban Land In Vietnam, John Gillespie
The Role Of Bureaucracy In Managing Urban Land In Vietnam, John Gillespie
Washington International Law Journal
In recent years, the Vietnamese government has opened up its economy to both domestic and foreign private investors. In the construction industry, however, developers must contend with a legal environment fraught with contradictions and idiosyncrasies. The industry is one marked by the subordination of law-widespread patronage, party policy, and traditional customs. While property rights superficially resemble those in Western states, ownership and development are in theory strictly controlled by the central government. But paradoxically, the level of compliance with property laws is substantially lower in Vietnam than in the West. Noncompliance with property laws and building regulations is perpetuated by …
Institutional Aspects Of International Governance, Elisabeth Zoller
Institutional Aspects Of International Governance, Elisabeth Zoller
Indiana Journal of Global Legal Studies
Professor Elisabeth Zoller discusses the domain and the methods of internationalg overnance. In PartI , she addresses the notion of the "international community." Professor Zoller argues that the international community is not really a community at all, but several "intertangled communities" with common interests. These common interests emerged as a result of several worldwide events, such as World War I and the Great Depression. The author asserts that common interests among nation states and priority setting are the two prerequisites necessary for international governance. In Part II, the authore xamines the methods of internationalg overnance, beginning with the proposition that …
Foreign Law, Politics & Litigants In U.S. Courts: A Discussion Of Issues Raised By Transportes Aereos Nacionales, S.A. V. De Brenes, William H. White Jr.
Foreign Law, Politics & Litigants In U.S. Courts: A Discussion Of Issues Raised By Transportes Aereos Nacionales, S.A. V. De Brenes, William H. White Jr.
University of Miami Inter-American Law Review
No abstract provided.
E Visas: An Analysis Of The Legislative History And Proposed Governing Regulations, Hedayat Tahbaz
E Visas: An Analysis Of The Legislative History And Proposed Governing Regulations, Hedayat Tahbaz
University of Miami International and Comparative Law Review
No abstract provided.
Francovich: Light At The End Of The Marshall Tunnel, Rene Valladares
Francovich: Light At The End Of The Marshall Tunnel, Rene Valladares
University of Miami International and Comparative Law Review
No abstract provided.
Actions Needed For Lifting The U.S. Trade Embargo Against Cuba, Matias F. Travieso-Diaz
Actions Needed For Lifting The U.S. Trade Embargo Against Cuba, Matias F. Travieso-Diaz
University of Miami International and Comparative Law Review
No abstract provided.
Real Property Law Under The Current Cuban Regime, Douglas E. Matthews
Real Property Law Under The Current Cuban Regime, Douglas E. Matthews
University of Miami International and Comparative Law Review
No abstract provided.
Some Lessons For Cuba From The Legal Changes In Eastern Europe, Matias F. Travieso-Diaz, Stephan M. Bleisteiner
Some Lessons For Cuba From The Legal Changes In Eastern Europe, Matias F. Travieso-Diaz, Stephan M. Bleisteiner
University of Miami International and Comparative Law Review
No abstract provided.
Property Rights In The Post-Castro Cuban Constitution, Oscar M. Garibaldi, John D. Kirby
Property Rights In The Post-Castro Cuban Constitution, Oscar M. Garibaldi, John D. Kirby
University of Miami International and Comparative Law Review
No abstract provided.
You Have The Right To Be Silent ... Anything You Do Not Say May Be Used Against You. Is The Right To Silence In Great Britain Really A Protection?, Diane Beckman
Penn State International Law Review
No abstract provided.
Cultural Protection As A Rationale For Legislation: The French Language Law Of 1994 And The European Trend Toward Integration In The Face Of Increasing U.S. Influence, Michele Belluzzi
Penn State International Law Review
No abstract provided.
Should Latinamerican Prosecutors Be Independent Of The Executive In Prosecuting Government Abuses?, Philip B. Heymann
Should Latinamerican Prosecutors Be Independent Of The Executive In Prosecuting Government Abuses?, Philip B. Heymann
University of Miami Inter-American Law Review
No abstract provided.
A Shifting Barrier? Difficulties Obtaining Patent Infringement Damages In Japan, Scott K. Dinwiddie
A Shifting Barrier? Difficulties Obtaining Patent Infringement Damages In Japan, Scott K. Dinwiddie
Washington Law Review
American economic interests previously have criticized the Japanese patent system as a trade barrier. Recent agreements between the United States and Japan should help reduce the difficulties Americans have had obtaining patents in Japan. However, Americans who acquire Japanese patents are likely to be disappointed and discouraged by the formal protection afforded their new property. The patent enforcement system in Japan provides limited judicial remedies. Equitable relief is difficult to enforce. The full value of monetary damages is extremely difficult to prove, and the possibility for equitable recovery of damages in excess of those proved does not exist. The cost …
Regulation Of Canadian Capital Markets In The 1990s: The United States In The Driver's Seat, Cally Jordan
Regulation Of Canadian Capital Markets In The 1990s: The United States In The Driver's Seat, Cally Jordan
Washington International Law Journal
This Article looks at the regulatory techniques that have been adopted in a small but developed market, Canada, in response to the increasing integration of the North American economy and internationalization of capital markets. One of the most comprehensive experiments has been the Multijurisdictional Disclosure System (MJDS) implemented in Canada and the United States in 1991. Based on principles of reciprocal recognition, the MJDS has in fact created greater pressures for harmonization of the two regulatory regimes and, on the Canadian side, prompted regulatory innovations which have attempted to keep Canadian markets in the global game.
Regulatory Mechanisms Of Securities Trading In Malaysia (With Special Reference To Insider Trading), Mohd. Ishaque Qureshi
Regulatory Mechanisms Of Securities Trading In Malaysia (With Special Reference To Insider Trading), Mohd. Ishaque Qureshi
Washington International Law Journal
In 1993, Malaysia established a Securities Commission to make the securities markets more secure and efficient, and to better control insider trading. This Article first presents an overview of the structure of the Securities Commission and the responsibilities of the various divisions and officers. Second, it reviews the common law and statutory law on which the Commission and other government agencies must rely to regulate the securities markets.
Rules On Disclosure And Enforcement In The Philippines, Eduardo De Los Angeles
Rules On Disclosure And Enforcement In The Philippines, Eduardo De Los Angeles
Washington International Law Journal
The Philippines modeled its first securities laws on the U.S. Uniform Sales of Securities Act, Securities Act of 1933, and the Securities Exchange Act of 1934. In terms of disclosure requirements, the early Philippine laws were more lenient than the U.S. acts, but since 1982 the Philippines has improved its disclosure requirements by implementing its Revised Securities Act. The new Act imposes more consistent reporting rules on issuers and insiders, and levies a broad range of sanctions. Nonetheless, the Revised Securities Act could be improved further by requiring fuller disclosure during registration and by toughening the insider trading provisions. Also, …
A Comparison Of Processes For Reforming Migration Laws In Transitional States: China, Kazakhstan, And Albania, James A.R. Nafziger
A Comparison Of Processes For Reforming Migration Laws In Transitional States: China, Kazakhstan, And Albania, James A.R. Nafziger
Washington Law Review
This article will highlight the problems confronting China, Kazakhstan, and Albania as well as the divergent agencies and systems for drafting, enacting and otherwise reforming their migration laws. The institutional processes of reform are particularly noteworthy. A comparison of them among the three countries suggests dominance by political and cultural determinants, along with administrative and economic issues, in forming migration policy and law within modem legal systems. This insight helps explain the constraints on the efficacy of administrative tinkering in improving the migration laws of the United States and other countries.
Insider Trading By An Issuer Under Japanese Law, Misao Tatsuta
Insider Trading By An Issuer Under Japanese Law, Misao Tatsuta
Washington International Law Journal
This Article explores the impact of the 1994 amendments to the Commercial Code on the Japanese Securities and Exchange Law, especially as they pertain to insider trading by stock issuers. The Article identifies limited situations, both in tender offer and public stock market contexts, in which companies may purchase their own stocks. Specifically, the Article addresses the issuer's repurchase plan, the necessary elements of disclosure, and the penalties for non-disclosure. The Article analyzes the amendments and questions their effectiveness in addressing the problem of insider trading.
Apec Focus: Accomplishment And Challenge, Desaix Anderson
Apec Focus: Accomplishment And Challenge, Desaix Anderson
Washington International Law Journal
The economic opportunities and the challenges the United States faces in the Asia Pacific region are both daunting and exhilarating. Prospects are describable only in megaterms: the doubling of energy needs within the decade; one trillion dollars of new infrastructure projects envisaged over ten years; the integration not only of China into the regional economy, but also the emergence of India, with a population which is expected to exceed China's in the next century; the massive environmental rehabilitation requirements, for example, in China; staggering food supply requirements; exploding telecommunications networks and educational exchange opportunities. Developments in Asia and the Pacific …
Law And Policy Of Securities Regulation In Korea, Sang-Hyun Song
Law And Policy Of Securities Regulation In Korea, Sang-Hyun Song
Washington International Law Journal
This Article describes the regulation of securities in Korea, exploring in detail the Securities Exchange Act of 1962. The current system of registration, disclosure, and enforcement is explained, with special attention given to the regulation of market professionals and of international securities offerings. This Article identifies areas in which the current Korean securities laws need improvement, and concludes that laws governing disclosure and international securities transactions must be improved if the Korean stock market is to continue to grow apace with the Korean economy.
Regulation Of The Securities Industry In Singapore, Walter Woon
Regulation Of The Securities Industry In Singapore, Walter Woon
Washington International Law Journal
This Article focuses on the various legal regimes governing securities regulation in Singapore, with an emphasis on the various mechanisms for enforcing anti-insider trading laws and the disclosure requirements connected with those laws. The new regulations promulgated in the wake of the Pan-Electric scandal of 1986, which sent shock waves through the Singapore stock exchange, are much more stringent than the previous ones. The authorities of the Monetary Authority of Singapore, the Securities Industry Council, and the Stock Exchange of Singapore are discussed as they pertain to insider trading, false trading and market rigging, stock market manipulation, dissemination of false …
Securities Regulation In Thailand: Laws And Policies, Pises Sethsathira
Securities Regulation In Thailand: Laws And Policies, Pises Sethsathira
Washington International Law Journal
This Article provides an overview of the new regulatory structure governing capital markets in Thailand as instituted by the Securities Exchange Act of 1992 ("SEA"). Special attention is given to the rules embodied in the SEA as they affect public offerings, fraud, securities businesses, and publicly held companies. The SEA introduces several new concepts to Thai regulation of securities, and these concepts are analyzed, to the extent they can be, given the lack of experience under the new Act.
The Wages Of Sin-Taking The Profit Out Of Corruption-A British Perspective, Dr. Barry A.K. Rider
The Wages Of Sin-Taking The Profit Out Of Corruption-A British Perspective, Dr. Barry A.K. Rider
Penn State International Law Review
No abstract provided.