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Articles 11521 - 11550 of 14134

Full-Text Articles in Law

Gilding The Iron Rice Bowl: The Illusion Of Shareholder Rights In China, Matthew D. Latimer Oct 1994

Gilding The Iron Rice Bowl: The Illusion Of Shareholder Rights In China, Matthew D. Latimer

Washington Law Review

In the late 1970s, the People's Republic of China (P.R.C.) embarked upon a program of economic reform that has resulted in the issuance of equity securities in previously state-owned enterprises. with the recent advent of national stockmarkets, national securities legislation is emerging to supplement and further define prior local-level regulation. Despite these new laws, however, private investors still lack many of the protections enjoyed by investors in Western financial markets. This Comment examines these disparities and suggests that non-state investors in China's nascent financial markets still lack an effective means of overseeing the policy decisions of State-owned corporations and face …

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Table Of Contents - Cardozo Law Review, Volume 16, Issue 1 Aug 1994

Table Of Contents - Cardozo Law Review, Volume 16, Issue 1

Cardozo Law Review

No abstract provided.

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European Law: Thinking About It And Teaching It - An Introduction To The Symposium (Dimensions Of European Union Law: A Symposium), David J. Gerber Jul 1994

European Law: Thinking About It And Teaching It - An Introduction To The Symposium (Dimensions Of European Union Law: A Symposium), David J. Gerber

All Faculty Scholarship

No abstract provided.

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Involuntary Commitment And The Use Of Seclusion And Restraint In Uruguay: A Comparison With The United Nations Principles For The Protection Of Persons With Mental Illness, Angelika C. Moncada Jul 1994

Involuntary Commitment And The Use Of Seclusion And Restraint In Uruguay: A Comparison With The United Nations Principles For The Protection Of Persons With Mental Illness, Angelika C. Moncada

University of Miami Inter-American Law Review

No abstract provided.

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Revision Of The Japanese Patent And Utlility Model System, Nobuo Monya, Marvin Motsenbocker, Hiroki Mitsumata Jun 1994

Revision Of The Japanese Patent And Utlility Model System, Nobuo Monya, Marvin Motsenbocker, Hiroki Mitsumata

Washington International Law Journal

As part of the international harmonization of industrial property rights, in the summer of 1992 a U.S. advisory committee published recommendations concerning revisions to the patent system. The Industrial Property Council of Japan also published a report at the end of 1992 concerning revisions to the patent law and utility model law. Soon thereafter the U.S. administration in Washington changed, and the U.S. position on patent law harmonization became unclear. Japan, however, enacted its report into legislation. Japan revised the relevant parts of its Patent Law (Law No. 26 of 1993) on April 16, 1993, and the revisions were promulgated …

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An Agenda For Revising The Taxation Of Philanthropy In Japan, Koji Ishimura Jun 1994

An Agenda For Revising The Taxation Of Philanthropy In Japan, Koji Ishimura

Washington International Law Journal

As the size and scope of Japan's philanthropic activities have grown, so has the need to re-examine Japan's tax policies with regards to charitable giving and volunteerism. In particular, there is a need to review the classification of tax-exempt entities under the Corporate Tax Law to ensure that only bona fide non-profit activities are tax-exempt. Japan should also explore new tax incentives to encourage volunteerism, such as allowing deductions for out-of-pocket expenses incident to charity work, carryovers, and a liberalization of Japan's current system for specific itemized deductions. Finally, Japan's tax policies should be used to encourage more cross-border philanthropy …

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China's Gatt Bid: Why All The Fuss About Currency Controls, Chris Brown Jun 1994

China's Gatt Bid: Why All The Fuss About Currency Controls, Chris Brown

Washington International Law Journal

China did not succeed in its bid to join the General Agreement on Tariffs and Trade (GATT) during the Uruguay Round. A key stumbling block was China's mechanism of exchange rate controls. From the mid-1980s to the end of 1993, China used a dual-rate currency mechanism, administering these rates through a loose network of about 100 exchange centers ("swap centers"). The swap centers helped to create partial convertibility of the Chinese currency and were instrumental in creating incentives for China's exporters and in attracting foreign investment. However, the swap centers also caused trade conflicts with the U.S. and within GATT. …

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Vagueness And Enforceability: Potential Problems Of The 1991 Thai Trademark Act, Sakda Thanitcul Jun 1994

Vagueness And Enforceability: Potential Problems Of The 1991 Thai Trademark Act, Sakda Thanitcul

Washington International Law Journal

In 1991, Thailand adopted a new Trademark Act, which, among other goals, increased protection of trademark and service mark agreements. However, enforcement of these new rules has not been clearly defined. In the first portion of this article, the author examines the new rules for trademark agreements in Thailand. These rules give extensive discretion to the Thai Registrar, yet have potential problems in enforcing standards such as quality control. The next section examines Thai public policy, and analyzes how other industrialized nations enforce their policies on trademarks. Finally, the article recommends that Thailand increase quality control, and more carefully define …

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When Body Is Soul: The Proposed Japanese Bill On Organ Transplantations From Brain-Dead Donors, David Forster Jun 1994

When Body Is Soul: The Proposed Japanese Bill On Organ Transplantations From Brain-Dead Donors, David Forster

Washington International Law Journal

Organ transplantations from brain-dead donors have been de facto prohibited in Japan since 1968. Buddhism, Shintoism, the Japanese concept of personhood, Japanese medical and hospital practices, the police, and the Patient's Rights Conference have all contributed to this situation. However, consensus has been growing in Japanese society and government that these operations should be legalized. The Diet began considering a proposed bill to this end on April 12, 1994. This comment argues that the bill ought to be passed. If passed, this bill will save the lives of many Japanese, it will end the difficulties Japanese currently encounter going overseas …

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Thailand's Board Of Investment: Towards A More Appropriate And Effective Rural Investment Promotion Policy, Michael L. Shain Jun 1994

Thailand's Board Of Investment: Towards A More Appropriate And Effective Rural Investment Promotion Policy, Michael L. Shain

Washington International Law Journal

This Comment analyzes the role of Thailand's Board of Investment in the Thai Government's policy of decentralizing its economy. The Board of Investment is the administrative agency authorized to promote industrial development through the use of investment incentives. In response to the decentralization policy, the Board has created new categories of investment and a new set of upgraded incentives designed to encourage industrial investment in the country's rural provinces. The potential effectiveness of the Board's role, however, is limited. Recent changes in Thailand's tax and trade policy have seriously diminished the value of the Board's fiscal incentives, the backbone of …

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Hail Britannia?: Institutional Investor Behavior Under Limited Regulation, Bernard S. Black, John C. Coffee Jr. Jun 1994

Hail Britannia?: Institutional Investor Behavior Under Limited Regulation, Bernard S. Black, John C. Coffee Jr.

Michigan Law Review

The two authors of this article have been on opposite sides of this debate, but both recognize that no single explanation is complete and that other factors, such as the self-interest of fund managers, the conflicts of interest faced by institutions who want to retain corporate business, cultural forces, collective action problems, and what we can call path dependence- the difficulty of changing the structure and behavior of highly evolved and specialized institutions - have causal roles in explaining shareholder passivity. The central question in research on American corporate governance is how these forces interact to produce the characteristic …

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Dealing With The Hate: The Changing Face Of German Asylum Law, Steven Edward Grubb May 1994

Dealing With The Hate: The Changing Face Of German Asylum Law, Steven Edward Grubb

Penn State International Law Review (1982 - 2011)

No abstract provided.

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The Environmental Laws And Policies Of Taiwan: A Comparative Law Perspective, Dennis Te-Chung Tang May 1994

The Environmental Laws And Policies Of Taiwan: A Comparative Law Perspective, Dennis Te-Chung Tang

Washington International Law Journal

This Article discusses the development of environmental regulation and preservation in Taiwan in light of United States environmental law. The Article begins with a discussion of how few measures have been enacted to protect the Taiwanese environment. It then illuminates some of the problems with the Taiwanese environmental regulations that do exist. According to the author, some of these problems include: ambiguous and conflicting goals enunciated in the legislation; political pressures on the authorities influencing environmental policies; poor enforcement mechanisms; a legislative bias in favor of regulating new sources of pollution and against enforcing regulations in the case of old …

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Environmental Impact Assessments For Major Construction Projects In Taiwan: Problems And Solutions, Ming-Shen Wang, Gow-Liang Huang May 1994

Environmental Impact Assessments For Major Construction Projects In Taiwan: Problems And Solutions, Ming-Shen Wang, Gow-Liang Huang

Washington International Law Journal

Taiwan's environmental impact assessment (EIA) process offers little opportunity for genuine public participation, lacks systematic decision-making procedures, and inadequately evaluates and communicates perceptions of risk. This article examines EIA models emphasizing public participation, as well as contemporary theories of conflict management and risk communication, in terms of their potential application towards a restructuring of Taiwan's EIA process.

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The Current Status Of Environmental Protection In Taiwan, Lung-Sheng Chang May 1994

The Current Status Of Environmental Protection In Taiwan, Lung-Sheng Chang

Washington International Law Journal

Presented by the author as the Keynote Speech of the ROC/US Environmental Law and Management Conference, this piece outlines the formal approaches to environmental control being taken by the Republic of China. It presents in sequence the objectives, strategies, principles, current measures and future emphases of environmental protection efforts—all of which are applicable in varying degrees to government, private enterprise, and the general public. This piece, in presenting an administrative perspective, establishes a context for the analytical articles in this issue.

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A Comparative Study Of The Formation And Development Of Air & Water Pollution Control Laws In Taiwan And Japan, Chao-Chan Cheng May 1994

A Comparative Study Of The Formation And Development Of Air & Water Pollution Control Laws In Taiwan And Japan, Chao-Chan Cheng

Washington International Law Journal

Taiwan and Japan have faced similar environmental problems at comparable stages in their economic development, and have passed through similar stages in the development of their systems of environmental law. Three phases in the development of environmental law making are distinguished: preparatory, formative and developed. This article compares the relative progress of Taiwan and Japan through these stages, and suggests that Taiwan may benefit by studying Japan's analogous prior experiences with pollution prevention and environmental law.

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Strings Attached--Violin Fraud And Other Deceptions, Carla J. Shapreau May 1994

Strings Attached--Violin Fraud And Other Deceptions, Carla J. Shapreau

Michigan Law Review

A Review of Violin Fraud: Deception, Forgery, Theft, and the Law by Brian W. Harvey

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"Am I, By Law, The Lord Of The World?": How The Juristic Response To Frederick Barbarossa's Curiosity Helped Shape Western Constitutionalism, Charles J. Reid Jr. May 1994

"Am I, By Law, The Lord Of The World?": How The Juristic Response To Frederick Barbarossa's Curiosity Helped Shape Western Constitutionalism, Charles J. Reid Jr.

Michigan Law Review

A Review of The Prince and the Law, 1200-1600: Sovereignty and Rights in the Western Legal Tradition by Kenneth Pennington

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Emerging From Emergency: Human Rights In South Africa, Etienne Mureinik May 1994

Emerging From Emergency: Human Rights In South Africa, Etienne Mureinik

Michigan Law Review

A Review of In a Time of Trouble: Law and Liberty in South Africa's State of Emergency by Stephen Ellmann

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The Development Of China's Environmental Diplomacy, Cai Shouqiu, Mark Voigts May 1994

The Development Of China's Environmental Diplomacy, Cai Shouqiu, Mark Voigts

Washington International Law Journal

Over the past decade, activities in the area of international environmental diplomacy have increased. China in particular has increased its efforts to help the global environmental situation, in conjunction with its role as a leader among the rest of the developing world. This essay examines China's historical environmental situation, and presents some of the factors that have influenced, and will continue to motivate, China's environmental decision making.

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Enterprise Liability For "Environmental Damage" In German Law And Ec Law, Gert Brüggemeier Apr 1994

Enterprise Liability For "Environmental Damage" In German Law And Ec Law, Gert Brüggemeier

Cardozo Journal of International and Comparative Law

The article explores the evolution of enterprise liability in German law, emphasizing its shift towards organizational defects and management systems. It highlights the integration of ecoaudits and environmental management systems to enhance protection, blending strict and fault-based liability. While effective in preventing damage, the system faces challenges in addressing environmental harm due to evidentiary burdens on victims.

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Recent Developments In Biodiversity Case Study: Ecuador, Suzanne A. Cruse Apr 1994

Recent Developments In Biodiversity Case Study: Ecuador, Suzanne A. Cruse

Buffalo Journal of International Law

No abstract provided.

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Efficiency As Equity: Insights From Comparative Law And Economics, Ugo Mattei Jan 1994

Efficiency As Equity: Insights From Comparative Law And Economics, Ugo Mattei

UC Law SF International Law Review

No abstract provided.

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International Regulation Of Commercial Whaling: The Consequences Of Norway's Decision To Hunt The Minke Whale, Martha Howton Jan 1994

International Regulation Of Commercial Whaling: The Consequences Of Norway's Decision To Hunt The Minke Whale, Martha Howton

UC Law SF International Law Review

In 1993 Norway announced its intention to resume commercial whaling despite an international whaling moratorium in effect since 1986. This moratorium has been rendered worthless by Norway's insistence that it is within its legal rights, and by the dependence of the International Whaling Commission on the United States to enforce the Commission's decisions. As other whaling countries make plans to follow Norway's lead, it is necessary to find a way to effectively regulate whaling before it results in the extinction of the great whales. This Note explores the background of the International Whaling Commission, analyzes the whaling moratorium and Norway's …

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Authority, Community And The Civil Law Commentary: An Example From German Competition Law, David J. Gerber Jan 1994

Authority, Community And The Civil Law Commentary: An Example From German Competition Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

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Prometheus Born: Shaping The Relationship Between Law And Economic Conduct, David J. Gerber Jan 1994

Prometheus Born: Shaping The Relationship Between Law And Economic Conduct, David J. Gerber

All Faculty Scholarship

No abstract provided.

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Taiwan's Legal System And Legal Profession, Hungdah Chiu, Jyh-Pin Fa Jan 1994

Taiwan's Legal System And Legal Profession, Hungdah Chiu, Jyh-Pin Fa

Maryland Series in Contemporary Asian Studies

No abstract provided.

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Tropical Forests And Trade Policy: The Legality Of Unilateral Attempts To Promote Sustainable Development Under The Gatt, Brian F. Chase Jan 1994

Tropical Forests And Trade Policy: The Legality Of Unilateral Attempts To Promote Sustainable Development Under The Gatt, Brian F. Chase

UC Law SF International Law Review

The troubled relationship between tropical forests and trade policy underscores the broader tension that exists between freer world trade and global environmental protection. Tropical forests are disappearing at alarming rates, yet the international community seems largely unwilling or unable to act. Consequently, individual countries in recent years have shown an increasing willingness to fill this void by imposing environmentally motivated trade restrictions on tropical timber products. In this Article, the author examines the legality under GATT of these unilateral attempts, which have the twin aims of preventing tropical deforestation and promoting sustainable development. The author argues that most current unilateral …

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Judging The East Timor Dispute: Self-Determination At The International Court Of Justice, Gerry J. Simpson Jan 1994

Judging The East Timor Dispute: Self-Determination At The International Court Of Justice, Gerry J. Simpson

UC Law SF International Law Review

In this Article, the author discusses the likely approach of the International Court of Justice to the issue of self-determination for East Timor in the forthcoming case between Portugal and Australia. To this end, the substantive jurisprudence of the Court will be outlined in the area of self-determination. Initially, the existence of a right to selfdetermination is established at international law (and in the work of the Court). Next the application of this principle to East Timor is considered. Third, potential qualifications on this right are discussed. Finally, an inquiry is made into the legal relationship between the people claiming …

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Privatization In Brazil, Jose Luis De Salles Freire, Jose Emilio Nunes Pinto Jan 1994

Privatization In Brazil, Jose Luis De Salles Freire, Jose Emilio Nunes Pinto

UC Law SF International Law Review

No abstract provided.

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