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Articles 30091 - 30120 of 32681

Full-Text Articles in Law

Some Aspects Of The Decision-Making Process In The European Communities, Francis Crijns Jan 1983

Some Aspects Of The Decision-Making Process In The European Communities, Francis Crijns

Northwestern Journal of International Law & Business

The European Community finds itself in a state of almost permanent crisis as the process of integration continues to stagnate; all of its noble objectives still be be realized; and since 1958, bedevilled with many new problems, especially in the areas of environmental and energy policy. Furthermore, the socio-economic sitaution has changed fundamentally with the enlargement of the Community to ten member states in 1981 which has weakened rather then strengthened the possibliities to cope with these difficulties. In addition to these general considerations, institutional factors, such as the procedures according to which decisions are made in the Communities and …


Legal Assistance In Criminal Cases And Some Important Questions Of Extradition, Valery Shupilov Jan 1983

Legal Assistance In Criminal Cases And Some Important Questions Of Extradition, Valery Shupilov

Case Western Reserve Journal of International Law

No abstract provided.


Trade Friction, Administrative Guidance And Antimonopoly Law In Japan, Kozo Toyama, Norifumi Tateishi, John Palenberg Jan 1983

Trade Friction, Administrative Guidance And Antimonopoly Law In Japan, Kozo Toyama, Norifumi Tateishi, John Palenberg

Case Western Reserve Journal of International Law

No abstract provided.


International Sanctions In Theory And Practice, Margaret Doxey Jan 1983

International Sanctions In Theory And Practice, Margaret Doxey

Case Western Reserve Journal of International Law

No abstract provided.


Legal Developments In Us-Roc Trade Since Derecognition, David L. Simon Jan 1983

Legal Developments In Us-Roc Trade Since Derecognition, David L. Simon

Maryland Journal of International Law

No abstract provided.


Legal Problems In Expanding The Scope Of Gatt To Include Trade In Services, Philip H. Gold Jan 1983

Legal Problems In Expanding The Scope Of Gatt To Include Trade In Services, Philip H. Gold

Maryland Journal of International Law

No abstract provided.


The International Centre For The Settlement Of Investment Disputes: Selected Case Studies, Stephen T. Lynch Jan 1983

The International Centre For The Settlement Of Investment Disputes: Selected Case Studies, Stephen T. Lynch

Maryland Journal of International Law

No abstract provided.


Antitrust And American Business Abroad, By James R. Atwood And Kingman Brewster, Ernest C. Stiefel, Peter Fuerle Jan 1983

Antitrust And American Business Abroad, By James R. Atwood And Kingman Brewster, Ernest C. Stiefel, Peter Fuerle

Maryland Journal of International Law

No abstract provided.


Competition In International Business, Edited By Oscar Schachter And Robert Hellawell, Sheldon Z. Kaplan Jan 1983

Competition In International Business, Edited By Oscar Schachter And Robert Hellawell, Sheldon Z. Kaplan

Maryland Journal of International Law

No abstract provided.


Hostage Rights: Law And Practice In Throes Of Evolution, H.H.A. Cooper Jan 1983

Hostage Rights: Law And Practice In Throes Of Evolution, H.H.A. Cooper

Case Western Reserve Journal of International Law

No abstract provided.


Nonaggressive Sanctions In The International Sports Arena, James A.R. Nafziger Jan 1983

Nonaggressive Sanctions In The International Sports Arena, James A.R. Nafziger

Case Western Reserve Journal of International Law

No abstract provided.


Toward A New U.S. Human Rights Policy: An Interim Proposal, Patricia A. Mayne Jan 1983

Toward A New U.S. Human Rights Policy: An Interim Proposal, Patricia A. Mayne

Case Western Reserve Journal of International Law

No abstract provided.


Masthead, Volume 15 Issue 2 (1983) Jan 1983

Masthead, Volume 15 Issue 2 (1983)

Case Western Reserve Journal of International Law

No abstract provided.


Japan: An Introduction, T. Albert Yamada Jan 1983

Japan: An Introduction, T. Albert Yamada

Case Western Reserve Journal of International Law

No abstract provided.


Recent Developments In West German Civil Procedure, William B. Fisch Jan 1983

Recent Developments In West German Civil Procedure, William B. Fisch

UC Law SF International Law Review

For the past twenty years, the West German system of civil procedure has undergone extensive re-examination and reform. These developments have centered on concerns regarding accessibility, technicality, cost, and delay. Nearly every phase of civil litigation was subjected to critical review and amendment. These changes have not, however, been as extensive as the most ambitious reformers would have liked, and will probably be weakened by practice and interpretation. Because much of the impetus for these changes was based on a common problem, ever-increasing litigation, it is useful for United States observers to review the West German approach and success in …


Perspectives On The Law Of Contorts: A Discussion Of The Dominant Trends In West German Tort Law, Gert Bruggemeier Jan 1983

Perspectives On The Law Of Contorts: A Discussion Of The Dominant Trends In West German Tort Law, Gert Bruggemeier

UC Law SF International Law Review

Contract and tort law have usually been doctrinally separated. The dominant phenomenon of social regulation, however, today overshadows the autonomous assumption of obligations through contract and the imposition of obligations through general tort rules. The author examines the development of West German tort law and shows that tort law has increasingly become a means of social regulation through judge-made rules of conduct. Special judge-made tort law regulates the social behavior of previously autonomous market citizens. The author argues that this trend toward social regulation through special tort law has rendered nineteenth century legal ideas about the relationship between contract and …


Decommissioning Nuclear Power Plants: The United States, West Germany, And Canada, Thomas Giller Jan 1983

Decommissioning Nuclear Power Plants: The United States, West Germany, And Canada, Thomas Giller

UC Law SF International Law Review

Despite recent considerations weighing against future 'development of nuclear power there are problems created by the substantial number of existing nuclear power plants. Whereas the building and operation of nuclear facilities are covered by detailed legislation, very little attention has been given to nuclear reactor decommissioning. Decommissioning involves the permanent shutdown of a nuclear facility and it is a significant concern as nuclear power plants grow older and more obsolete. This Note discusses what decommissioning is and why it is important and examines the decommissioning policies of three nations with active nuclear power industries: the United States, West Germany, and …


Extraterritorial Application Of United States Securities Law: A Matrix Analysis, Marc H. Morgenstern Jan 1983

Extraterritorial Application Of United States Securities Law: A Matrix Analysis, Marc H. Morgenstern

UC Law SF International Law Review

The antifraud provisions of the Securities Act of 1933 and Securities Exchange Act of 1934 may apply to securities sold exclusively to nonresident aliens. The extraterritorial application of these provisions is allowed only when United States Courts have subject matter jurisdiction over the transaction under principles of international law. Case law examines the relationship among four variables to determine whether United States Courts will assert or deny jurisdiction. This Article proposes a matrix model that uses these four variables to assist in the determination of jurisdiction. The matrix model is a tool which clarifies the variables involved in the jurisdictional …


Conflict Of Laws, Product Liability And The Substantive Law Of New Zealand In Bennett V. Enstrom Helicopter Corp., Patricia Barlow Jan 1983

Conflict Of Laws, Product Liability And The Substantive Law Of New Zealand In Bennett V. Enstrom Helicopter Corp., Patricia Barlow

UC Law SF International Law Review

The Accident Compensation Act (ACA) of New Zealand provides a uniform system of rehabilitation and compensation for personal injury or death resulting from accidents in New Zealand. This Article examines how the private international law provisions of the Act apply in aviation product liability. The Sixth Circuit case of Bennett v. Enstrom Helicopter Corp. is extensively analyzed. The author argues that the trial and appellate courts in Bennett, in holding the ACA has the exclusive remedy, misinterpreted substantive New Zealand law on recovery for injury or death. She mentions that the ACA left areas of "residual liability" and that Bennett …


West German Television Law: An Argument For Media As Instrument Of Self-Government, Christopher Witteman Jan 1983

West German Television Law: An Argument For Media As Instrument Of Self-Government, Christopher Witteman

UC Law SF International Law Review

With the development of cable television, direct broadcast satellite and other new broadcast technologies, television systems throughout the world have been thrown into a period of rapid transition. Against this quickly evolving background the West German Constitutional Court has held for the last 33 years to a vision of television as a catalyst of community and servant of the democratic process. This Note is the first American examination of the legal basis for what has been a public broadcasting monopoly in West Germany. The Note offers a close analysis of the three seminal television decisions of the Constitutional Court, as …


Licensing The Exportation Of Nuclear Materials: Responsibility To The Global Environment, Elizabeth Ann Lawrence Jan 1983

Licensing The Exportation Of Nuclear Materials: Responsibility To The Global Environment, Elizabeth Ann Lawrence

UC Law SF International Law Review

The policy of the United States to supply nuclear power plants and materials to selected foreign nations raises questions concerning environmental concerns, nuclear weaponry problems, and foreign relations considerations. This Note examines the statutory scheme by which Congress has sought to balance these factors and the role of the judiciary in implementing this plan. Specifically, a recent case involving the Nuclear Regulatory Commission's grant of a license for exporting nuclear plant materials to the Philippines is reviewed. The author concludes that this litigation failed to provide adequate guidance for the Commission and for courts in future cases. The author offers …


Since The Breakup: Developments And Divergences In Ancom's And Chile's Foreign Investment Codes, Michael G. Thornton Jan 1983

Since The Breakup: Developments And Divergences In Ancom's And Chile's Foreign Investment Codes, Michael G. Thornton

UC Law SF International Law Review

Chile withdrew from the Andean Common Market (ANCOM) in 1976 and ceased to follow ANCOM's foreign investment code Decision 24. Since that time ANCOM and Chile have effected changes in their foreign investment codes. ANCOM introduced flexibility into Decision 24 which brought the Decision more in line with prevailing economic conditions without altering its basic theoretical outlook. Chile, on the other hand, passed an amendment to its already liberal national foreign investment statute. The amendment further opened the door to unrestricted foreign investment in Chile and has, in the author's view, contributed to a loss of national control over the …


International Exchange Of Information In Criminal Cases, Michael E. Tigar, Austin J. Doyle Jr. Jan 1983

International Exchange Of Information In Criminal Cases, Michael E. Tigar, Austin J. Doyle Jr.

Faculty Scholarship

No abstract provided.


Jurisdictional Bases For Criminal Legislation And Its Enforcement, B.J. George Jr. Jan 1983

Jurisdictional Bases For Criminal Legislation And Its Enforcement, B.J. George Jr.

Michigan Journal of International Law

The doctrine of jurisdiction-the authority of nations or states to create or prescribe penal or regulatory norms and to enforce them through administrative and judicial action- has been a source of difficulty in both international and domestic law for centuries. The last two decades, however, have witnessed more conflicts over the invocation of forum penal laws to reach persons and activities outside national boundaries than had arisen for more than a century before. Moreover, treaties restricting some dimensions of penal jurisdiction based on other than the territorial concept have become increasingly common, and some nations have legislated to prevent their …


The Political Offense Exception As Applied In French Cases Dealing With The Extradition Of Terrorists, Thomas E. Carbonneau Jan 1983

The Political Offense Exception As Applied In French Cases Dealing With The Extradition Of Terrorists, Thomas E. Carbonneau

Michigan Journal of International Law

This article does not attempt to deal with all of the multifarious aspects of contemporary terrorism; its ambition is much more modest in scope, centering upon traditional legal mechanisms and doctrines that can be adapted to deal with terrorism. Using the decisional law of France as an illustrative model, this article analyzes the transnational and political character of terrorist acts and seeks to establish the implications of those characteristics for litigation dealing with the extradition of terrorist offenders. Several assumptions underlie the analysis. First, the effort to repress international crime is seen as a laudable objective of the international legal …


Ii. Annotated Bibliography, Michigan Journal Of International Law Jan 1983

Ii. Annotated Bibliography, Michigan Journal Of International Law

Michigan Journal of International Law

The following collection of annotations represents a sampling of the legal literature examining various aspects of criminal procedure in an international context. While special care has been taken to provide a representative sampling of works published between 1976 and 1981, a number of prominent pieces written prior to that five-year period have also been included.


Index, Michigan Journal Of International Law Jan 1983

Index, Michigan Journal Of International Law

Michigan Journal of International Law

Index of terms used in this volume.


The Ambiguity Of Equity In International Law, Mark Weston Janis Jan 1983

The Ambiguity Of Equity In International Law, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.


Occupational Safety And Health Law In Sweden And The United States: Are There Lessons To Be Learned By Both Countries, Barbara Jo Fleischauer Jan 1983

Occupational Safety And Health Law In Sweden And The United States: Are There Lessons To Be Learned By Both Countries, Barbara Jo Fleischauer

UC Law SF International Law Review

The United States and Sweden are both highly industrialized nations whose workers are exposed to similar risks and substances. Thus, the legal problems surrounding worker protection from occupational hazards are similar. Traditions and cultural differences, however, have influenced the direction each country has taken in this area. In light of these differences, the author reviews some recent changes in Swedish occupational safety and health law and examines the important differences between the Swedish and United States approaches. She concludes that although neither country would benefit from the wholesale adoption of the other's program, each could effectively borrow ideas that proved …


Foreign Investment In Cable Television: The United States And Canada, Colin J. Coffey Jan 1983

Foreign Investment In Cable Television: The United States And Canada, Colin J. Coffey

UC Law SF International Law Review

Canadian ownership and control of United States cablevision systems has steadily increased over the past seven years. This has given rise to heated debate concerning the issue of such alien control. The argument to impose citizenship requirements upon cable ownership centers on present citizenship requirements on common carriers and broadcast licensees, and on the issue of trade reciprocity. Rejecting the reciprocity argument as artificial, the author believes that Congress should impose citizenship requirements on cable television ownership, and that these requirements should be based on the policies and rationale of the Communications Act of 1934, which details the true reasons …