Law Commons^™

Genetically Modified Plants: A Need For International Regulation, Henrique Freire De Oliveira Souza

Annual Survey of International & Comparative Law

Amongst all the possible issues related to biotechnology, the issue concerning genetically modified food (GMF) has special importance: while the "creators" of this kind of food are starting to exploit it commercially, resistance to genetically modified food has risen under the leadership of the European countries.

This paper will be confined only to genetically modified plants (GMP) , and their impacts on both the environment and the economy. In this paper, an overview will be provided of the issues involved in the context of GMP, including aspects of consumer and environmental protection, international trade, and intellectual property. Then, and using …

Confessions And The Right To Counsel: Reflections On Recent Changes In Turkish Criminal Procedure, Robert K. Calhoun

Annual Survey of International & Comparative Law

The author delivered these remarks at the First International Workshop on Criminal Law Reform which was held in Istanbul, Turkey from October 20-24, 1999. The conference was sponsored by the Goethe Institute; Heinrich-Eoell-Stifling, Germany; University of Kansas School of Law; Marmara University School of Law; and Yeditepe University School of Law.

Update On The Hague Convention On The Recognition & Enforcement Of Foreign Judgments, Edward C.Y. Lau

Annual Survey of International & Comparative Law

This comment is based on remarks at the Eighth Regional Meeting of the American Society of International Law, at Golden Gate University School of Law, on March 19, 2000.

An Introductory Framework For Analyzing The Proposed Hague Convention On Jurisdiction And Foreign Judgments In Civil And Commercial Matters: U.S. And European Perspectives, Michael Traynor

Annual Survey of International & Comparative Law

This comment is based on remarks at the Eighth Regional Meeting of the American Society of International Law, at Golden Gate University School of Law, on March 19, 1999. Given developments in the draft convention since then, references in this comment are to the Preliminary Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters, adopted by the Special Commission on 30 October 1999.

The Lockerbie Controversy: Tension Between The International Court Of Justice And The Security Council, Eric Zubel

Annual Survey of International & Comparative Law

Pan American Flight 103 exploded midair over Lockerbie, Scotland on December 21,1988. Investigations suggested that two Libyan nationals were to blame. When the U.N. Security Council imposed sanctions on the Libyan government in 1993 for its failure to cooperate with U.S. and U.K extradition requests, Libya turned to the International Court of Justice (ICJ) for help. Libya asked the ICJ to declare that Libya was not obliged to extradite its nationals to the United States or the United Kingdom and further asked the Court to enjoin the U.S. and the U.K from the use of force or threats against Libya. …

Toward An International Bankruptcy Policy In Europe: Four Decades In Search Of A Treaty, Leslie A. Burton

Annual Survey of International & Comparative Law

As multinational trade has increased, so has the need for crossborder insolvency agreements. For forty years, the European Community and European Union have attempted to agree on cross-border insolvency procedures. The author explores the history of these efforts, the policy issues which have made agreement difficult, and the demise of the EUs best hope for a cross-border insolvency agreement: the failed 1995 Convention. Finally, she compares past and current proposals, and explains why they are inferior solutions to the failed Convention.

Out Of A Tangled Skein Into The International: The Development Of Legal Culture, Alexander Boldizar, Outi Korhonen

Annual Survey of International & Comparative Law

The authors examine the heterogeneous and heteronomous threads in a skein of national and international legal cultures using the Czech Republic as a case study.

The 1996 Brazilian Commercial Arbitration Law, Cristina Schwansee Romano

Annual Survey of International & Comparative Law

The author provides a systematic overview of recent legal developments that favor the use of international commercial arbitration in Brazil. This study provides an overview of the main aspects of the 1996 Brazilian Arbitration Law and the major innovations that it has introduced in Brazil.

Transboundary Water Pollution And State Responsibility: The Sandoz Spill, Astrid Boos-Hersberger

Annual Survey of International & Comparative Law

No abstract provided.

Editorial

Annual Survey of International & Comparative Law

No abstract provided.

Preparing For The Pacific Century: Fostering Technology Transfer In Southeast Asia, Jeffrey J. Blatt, Phillip H. Miller

Annual Survey of International & Comparative Law

This article discusses a number of considerations that are central to structuring a successful technology transfer or investment in Southeast Asia. Most of the discussion examines these considerations from the perspective of an MNC that is a potential technology transferor, investor, or vendor in the region. However, this article should also be of interest to those responsible for formulating government policies to encourage technology transfer, since it is important to do so with the MNC's perspective in mind. Clearly, for a technology transfer to be successful over the long term, a balance must be achieved between the goals of the …

Transfer Pricing: Achieving Fair National Taxation Of International Transactions, Pamela L. Kayfetz, Leo B. Helzel

Annual Survey of International & Comparative Law

This article will examine the significance of transfer pricing. Further, it will review, as an example, the current national and international systems and procedures for identifying and capturing tax lost due to inaccurate transfer pricing used by two countries: the United States, as the originator and developer of much of the transfer pricing methodology, and Japan, one of the countries most actively involved in the regulation of transfer pricing and also a major trading partner of the United States. It will include a brief analysis of current issues and possible solutions to transfer pricing.

Transfer Pricing Solutions In The Global Economy, Sandra Reid Robertson

Annual Survey of International & Comparative Law

This paper will provide a brief history of the problems which transfer pricing issues have caused for both international companies and taxing jurisdictions. It will also examine efforts by the United States tax system to remedy this two-sided problem. The United States has primarily attempted to deal with the problem from its fiscal perspective, the underpayment of United States income tax by foreign companies through transfer pricing abuse. The double taxation problem for taxpayers has an effective, albeit cumbersome, solution in the competent authority process. However, the very fact that double taxation problems still exist, suggests the need for more …

A Study Of The Significant Aspects Of German Contract Law, Manfred Pieck

Annual Survey of International & Comparative Law

No abstract provided.

The Environmental Law System Of The Federal Republic Of Germany, Monika T. Neumann

Annual Survey of International & Comparative Law

This paper presents a general overview of German environmental law, its principles, and its implementation. It briefly touches on the cultural and historical contexts in which this field of law evolved, as well as on its underlying policy. Being located in the center of Europe, Germany is tied into several systems of international relationships - regional, European, and global - that have to be examined with regard to their impact on German environmental law. Within the scope of this paper, the complex system of the legal obligations produced by these international relationships and German environmental law itself, consisting as it …

Africa And The Environment, Christian N. Okeke

Annual Survey of International & Comparative Law

The point of departure for this paper is the conviction that the major questions and problems, so often dismissed as "problems of the Third World" of which Africa occupies a central place, must be the starting point for the building of a system of international law, and indeed, are the bases upon which the discipline can come to terms with itself in the context of present-day realities. Thus, this attempt to examine environmental law from the point of view of decolonization and development will be deliberately restricted to the African area. This necessitates the placing of Africa very close to …

The Right Of Secession As A Human Right, Alexander Martinenko

Annual Survey of International & Comparative Law

After four decades of relative stability, the modern international system finds itself face to face with an old problem, a problem resulting from two of the major developments of our time: the breakdown of the "world socialist system" and the disappearance of its leader, the Union of Soviet Socialist Republics (hereinafter USSR) itself. Both events were welcomed by the international community because they ended the danger of a confrontation between West and East. But at the same time they revived the world's old troubles with disintegrated states. The USSR and Yugoslavia have collapsed and the world has seen the peaceful …

A Note On The Right Of Secession As A Human Right, Christian N. Okeke

Annual Survey of International & Comparative Law

This note examines first, the conditions that give rise to secession; next, the old and new normative framework and constitutional law and the attitude of states to secession; arguments for and against secession and new trends on the issue of secession; and the practical significance of the provision of the right of secession in the constitutions of the former Union of Soviet Socialist Republics (hereinafter U.S.S.R.), and the provision of the right to secession in the Constitution of the Ukrainian Republic (hereinafter U.R.).

Lex Mercatoria In European And U.S. Trade Practice: Time To Take A Closer Look, Barton S. Selden

Annual Survey of International & Comparative Law

This is an expanded version of the talk presented at the Fifth Annual Fulbright Symposium on International Legal Problems, Fourth Regional Meeting of the American Society of International Law, "Current Developments in International Trade Cooperation and the Protection of the Environment and Human Rights," held on March 17, 1995, at Golden Gate University School of Law in San Francisco. Edited by Jeffrey A. Chen .

The New Lex Mercatoria, Francesco Galgano

Annual Survey of International & Comparative Law

We live in a post-industrial era. We learn this from sociologists who demonstrate it by showing the index of the number of industrial employees is lower than that of service employees, thus, a transition from an industrial to a post-industrial era. The United States was the first to pass this point in 1956, while Italy passed it in 1982. Post-industrial society is not just a society of automation. The prefix "post" implies other aspects as well. Besides an industrial society there is also a financial society. What is new is not only how the goods are produced (with machines controlled …

An International Legal Framework For Forest Management And Sustainable Development, Emmanuel B. Kasimbazi

Annual Survey of International & Comparative Law

This paper examines soft international law principles that regulate forest management. It proceeds from the 1972 Stockholm Conference on Human Environment as a major source of international environmental law and surveys major international customary law norms that have followed. The article ends with the Rio Declaration as the latest source of soft international environmental law. The discussion of the paper hinges on the strength and limitations of soft international law principles in regulating sustainable development of forests.

International Human Rights And The Kurds, Dr. Amir A. Majid

Annual Survey of International & Comparative Law

This article analyses the Kurdish rebellion for autonomy, the actions of the Iraqi forces against them and the measures taken by the United Nations, the United States and other Coalition States to protect the Kurds in the aftermath of the January/February 1991 Gulf War. The International actions will be assessed in light of the present rules of International Law and, in particular, whether they contravene any provision of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.

The United Nations Convention On The Rights Of The Child And United States Abortion Law, Sanford J. Fox

Annual Survey of International & Comparative Law

The ratification of treaties governing human rights often raises the question of whether obligations imposed by the treaty are compatible with the existing domestic law of the ratifying state. One common way of resolving such conflicts is for the State to avoid undertaking the inconsistent legal obligation by qualifying its acceptance of the treaty with a reservation, even when domestic law already provides for resolving such conflicts. Another measure that may be adopted, particularly where the treaty provision at issue is cast in general terms, is for the ratifying state to include a Declaration or an Understanding (RUD) with its …

South Africa: Building A Culture Of Law, Anthony Lewis

Annual Survey of International & Comparative Law

No abstract provided.

Volume Ii Masthead

Annual Survey of International & Comparative Law

No abstract provided.

Current Trends In International Civil Liability For Environmental Damage, Peter Wetterstein

Annual Survey of International & Comparative Law

With the rapid technological and industrial development in the world and the increasing intercourse between countries and people - especially in the fields of technology and trade - the risks of environmental catastrophes with international, (i.e. transboundary) consequences increase all the time. This is, unfortunately, the price that our consumer society has to pay for its demands for a higher standard of living. There exists a conflict between technological progress and the environment.

Protection Of The Environment In Times Of Armed Conflict: Reflections On The Existing And Future Treaty Law, Andronico O. Adede

Annual Survey of International & Comparative Law

This survey indicates that no treaty has been concluded to deal with environmental issues comprehensively. No treaty states basic principles which States would be called upon to observe with respect to the various environmental problems. However, some efforts in this direction are now underway as noted in the concluding section of this paper. The conclusion discusses the current drafts of such general principles as rights and obligations of States in the field of the environment, including specific reference to the question of the environment and armed conflict.

The Role Of Antitrust Policy In The Development Of Australian-New Zealand Free Trade, Rex J. Ahdar

Annual Survey of International & Comparative Law

This paper examines some antitrust aspects of the Australia-New Zealand free trade accord. The first section will trace the development of trans-Tasman free trade. Efforts to liberalize trade between the two countries have a long history. The next part analyzes the role antitrust law played in the movement to free trade. The final two sections raise a number of outstanding issues and problems yet to be resolved by Australian and New Zealand policy makers.

On The Way To Us-Style Hostile Tender Offers In Germany? - The European Attempt To Harmonize The Takeover Law And Its Impact On German Company Law, Roland Donath

Annual Survey of International & Comparative Law

No abstract provided.

Donoghue V. Stevenson's 60th Anniversary, Franco Ferrari

Annual Survey of International & Comparative Law

No abstract provided.