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Articles 30931 - 30960 of 32652

Full-Text Articles in Law

The Niceties Of Nickel -- Canada And The Production Ceiling Issue At The Law Of The Sea Conference, Lawrence L. Herman Jan 1979

The Niceties Of Nickel -- Canada And The Production Ceiling Issue At The Law Of The Sea Conference, Lawrence L. Herman

Syracuse Journal of International Law and Commerce

This paper and panel discussion are part of the symposium entitled, Mining the Deep Seabed: A Range of Perspectives. This presentation discusses the legal and technical complexity of placing international limitations or ceilings on the production of nickel and manganese.

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Scientific And Cultural Exchange With The People's Republic Of China [And Comments], Hosley G. Handyside, Pierre Shostal Jan 1979

Scientific And Cultural Exchange With The People's Republic Of China [And Comments], Hosley G. Handyside, Pierre Shostal

Maryland Journal of International Law

No abstract provided.

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Executive Agreements And The Bypassing Of Congress, Joseph P. Tomain Jan 1979

Executive Agreements And The Bypassing Of Congress, Joseph P. Tomain

Faculty Articles and Other Publications

The Transmittal Act has revealed a thorny issue for United States constitutional law. Specifically, the Act seeks to obviate those instances in which the Executive Branch attempts to abrogate fully the Legislature's role in foreign policy. The Constitution requires that all treaties be ratified by the Senate. Nevertheless, the Executive, simply by calling an international agreement a different name, may effectively bypass Congress. The Transmittal Act was not intended to resolve fundamental questions relating to the treaty making power of the Senate or Executive authority to enter into binding agreements with foreign countries without the consent of Congress. It was …

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The Japanese And Korean Law Of Secured Transactions, Rex Coleman Jan 1979

The Japanese And Korean Law Of Secured Transactions, Rex Coleman

UC Law SF International Law Review

In 1977 the United States' bilateral trade deficit with Japan was over 8 billion dollars, roughly forty percent of the United States' overall trade deficit for that year. In this introductory article, the author examines the nationalistic orientation of the business government alliance established during the Meiji Era, the government validation process and the five steps of the post-war capital liberalization program. The article concludes with a brief analysis of prospects for the future.

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Japanese Taxation Of The Foreign Income Of Japanese Corporations, Rosser H. Brockman Jan 1979

Japanese Taxation Of The Foreign Income Of Japanese Corporations, Rosser H. Brockman

UC Law SF International Law Review

This article describes in general terms the Japanese domestic tax treatment of the foreign income of Japanese corporations. This topic has become of increasing importance to American attorneys, businessmen and legal scholars as international trade and investment between Japan and the United States have grown. The author discusses the source rules, taxation of undistributed profits of designated tax haven subsidiaries, the foreign tax credit and domestic provisions affecting foreign income. The article concludes with an evaluation of the neutrality of the Japanese taxation of the foreign income of Japanese corporations.

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The Structure Of Tribunals And The Appointment Of Their Members In Great Britain, Charles D. Ablard Jan 1979

The Structure Of Tribunals And The Appointment Of Their Members In Great Britain, Charles D. Ablard

UC Law SF International Law Review

The British tribunal system is viewed as an independent extension of the court system with adjudicative powers over a broad range of government activities. The author examines the structure and composition of British tribunals, discusses the role of lawyers and laymen within the tribunal system, and draws comparisons to administrative law bodies in the United States.

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The Third World And The Protection Of National Patrimony: Oil, Art And Orchids, Michael W. Gordon Jan 1979

The Third World And The Protection Of National Patrimony: Oil, Art And Orchids, Michael W. Gordon

UC Law SF International Law Review

The author analyzes various means of protecting national patrimony, concentrating on three general subject areas of concern: a nation's natural resources, its cultural heritage, and its fauna and flora. The author discusses the interrelatedness of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illict Import, Export and Transfer of Ownership of Cultural Property, the 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the 1974 United Nations General Assembly Charter of Economic Rights and Duties of States, viewing these multilateral pronouncements as part of a broad Third World response to the …

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Human Rights In The Wake Of The Helsinki Accords, Arthur J. Goldberg, James S. Fay Jan 1979

Human Rights In The Wake Of The Helsinki Accords, Arthur J. Goldberg, James S. Fay

UC Law SF International Law Review

Since the ratification in Helsinki in 1975 of the Final Act of the Conference on Security and Cooperation in Europe (CSCE), the Soviet bloc nations have resisted effective implementation of many agreed upon provisions of the Act, particularly those dealing with Human Rights. In the process of outlining the flaws in the Soviet position, the authors suggest specific steps to guide Western negotiators at the 1980 CSCE meeting in Madrid.

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The Influence Of Roman Law On Early Medieval Culture, Edgar Bodenheimer Jan 1979

The Influence Of Roman Law On Early Medieval Culture, Edgar Bodenheimer

UC Law SF International Law Review

The Roman law which had a significant impact on the early Middle Ages was not the law which was in force during the decline of Rome's civilization. The author discusses why the Vulgar law was well suited for early medieval culture and why the classical Roman law was only revived toward the end of the Middle Ages.

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The Argentine Transfer Of Technology Law: An Analysis And Commentary, Guillermo Cabanellas Jan 1979

The Argentine Transfer Of Technology Law: An Analysis And Commentary, Guillermo Cabanellas

UC Law SF International Law Review

The author guides investors and their attorneys through the complexities of the 1977 Argentine Transfer of Technology Law. The law is compared and contrasted with previous Argentine foreign investment laws and the laws of other Latin American countries.

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Carriage Of Goods By Sea: Should The United States Ratify The Hambug Rules, Michael C. Davis Jan 1979

Carriage Of Goods By Sea: Should The United States Ratify The Hambug Rules, Michael C. Davis

UC Law SF International Law Review

On March 31, 1978, the United Nations Conference on the Carriage of Goods by Sea adopted the Hamburg Rules to replace the Hague Rules of 1924 as the guiding instrument on international carriage of goods by sea. The new rules embody several changes in the liability for cargo damaged or lost in transit by sea. This Note focuses on the two most important substantive changes: The elimination of the so-called "catalogue of exemptions," and the change in the maximum liability limitation.

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Restraints On Executive Emergency Power In The United States And Canada, James S. Fay Jan 1979

Restraints On Executive Emergency Power In The United States And Canada, James S. Fay

UC Law SF International Law Review

The United States and Canada grant extensive emergency powers to their Chief Executives in time of crisis. Limited restrictions by the courts and particularly by the legislatures on the invocation and use of such powers may pose a long term threat to democratic institutions in both nations.

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Foreign Sovereign Immunities Act: Ownership Of Soviet Foreign Trade Organizations, James Stang Jan 1979

Foreign Sovereign Immunities Act: Ownership Of Soviet Foreign Trade Organizations, James Stang

UC Law SF International Law Review

No abstract provided.

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The 1978 Constitution Of The People's Republic Of China, Chin Kim, Timothy G. Kearley Jan 1979

The 1978 Constitution Of The People's Republic Of China, Chin Kim, Timothy G. Kearley

UC Law SF International Law Review

The authors analyze the latest Constitution of the People's Republic of China placing considerable emphasis on the shifts in economic and social policy wrought by recent changes in the political theater of the People's Republic of China. This most recent version is compared to and contrasted with the preceeding Constitutions of 1975 and 1954.

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The Foreign Earned Income Act Of 1978 -- Sections 911 And 913, Gary P. Scharmett Jan 1979

The Foreign Earned Income Act Of 1978 -- Sections 911 And 913, Gary P. Scharmett

Syracuse Journal of International Law and Commerce

This Note will examine the United States tax treatment of foreign source income, under sections 911 and 913 of the Internal Revenue Code, to determine the effectiveness of either or both provisions with respect to the individual taxpayer and United States government objectives.

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A System Of Exploitation, George Aldrich Jan 1979

A System Of Exploitation, George Aldrich

Syracuse Journal of International Law and Commerce

This paper and panel discussion are part of the symposium entitled, Mining the Deep Seabed: A Range of Perspectives. This presentation defines those most important elements of a system of reasonably assured access, including the financial arrangements, the production limitation, and the very tough problem of allotting sections of the production ceiling.

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Back Matter Jan 1979

Back Matter

Syracuse Journal of International Law and Commerce

Recent decisions, Book review, Back cover

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Foreign Licensing And Joint Venture Agreements, Vincent D. Travaglini Jan 1979

Foreign Licensing And Joint Venture Agreements, Vincent D. Travaglini

North Carolina Journal of International Law

No abstract provided.

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United Nations International Code Of Conduct On The Transfer Of Technology, 13 J. Marshall L. Rev. 163 (1979), Homer O. Blair Jan 1979

United Nations International Code Of Conduct On The Transfer Of Technology, 13 J. Marshall L. Rev. 163 (1979), Homer O. Blair

UIC Law Review

No abstract provided.

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Subject Index, Volumes I-Xi, Subject Index Jan 1979

Subject Index, Volumes I-Xi, Subject Index

Case Western Reserve Journal of International Law

cumulative subject index

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Alcoa Steamship Co. V. M/V Nordic Regent: Narrowing The Scope Of Inquiry In Forum Non Conveniens, R. George Weitz Jan 1979

Alcoa Steamship Co. V. M/V Nordic Regent: Narrowing The Scope Of Inquiry In Forum Non Conveniens, R. George Weitz

Northwestern Journal of International Law & Business

Increases in the amount and complexity of international trade and changes in jurisdictional rules over the last thirty years have often resulted in American courts serving as forums for suits involving non-residents. Very often these suits are the result of transactions that have occurred abroad and may be governed by foreign law as well. Obvious difficulties confront a party compelled to defend in a foreign court. Problems such as unfamiliarity with the language or legal process, unavailability of witnesses, or expenses incurred in bringing evidence from another country have led foreign defendants to seek dismissal of suits on the grounds …

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Is Somebody "Crying Wolf"?: An Assessment Of Whether Antitrust Impedes Export Trade, John Will Ongman Jan 1979

Is Somebody "Crying Wolf"?: An Assessment Of Whether Antitrust Impedes Export Trade, John Will Ongman

Northwestern Journal of International Law & Business

The impact of the United States antitrust laws on American exports has in recent years become a controversial issue, especially in view of the increasing U.S, trade deficit. In this article, Mr. Ongman employs economic analysis to determine the desirability of a protectionistic Sherman Act. He concludes that such a policy, resulting in foreign retaliation and spillover into the domestic market, would be unwise.

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German Merger Control: A European Approach To Anticompetitive Takeovers, Rolf Belke, W. David Braun Jan 1979

German Merger Control: A European Approach To Anticompetitive Takeovers, Rolf Belke, W. David Braun

Northwestern Journal of International Law & Business

European free-market countries recently have begun to enact more laws regulating mergers and joint-ventures, with Germany at the forefront. In this article, Messrs. Belke and Braun intensively analyze the German merger control law, including the criteria that necessitate a report to the German Cartel Office, its application of the substantive merger control rules, and possible exceptions to an anti-merger ruling. They also explore the impact of the German law on international mergers and joint-ventures. Finally, they discuss in detail the first two German Supreme Court decisions that construed the substantive rules and contrast them with similar American cases.

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Trends In International Business Law: Towards A New Ethnocentricity?, Detlev F. Vagts Jan 1979

Trends In International Business Law: Towards A New Ethnocentricity?, Detlev F. Vagts

Northwestern Journal of International Law & Business

Many legal practitioners and academicians who are sensitive to changes within the area of international business law have sighted signals of a trend toward greater ethnocentricity in the United States. Whether such a trend exists is not an issue that can be disposed of categorically, for the signals must be interpreted in light of the institution in question and the sector of economic activity involved. Moreover, an accurate resolution of the issue requires a comparison of the current signals with those of previous periods. Indeed, the post-Smoot-Hawley Tariff era of the late 1930's and the older mercantilist epoch were periods …

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The Increasing Extraterritorial Impact Of U.S. Laws: A Cause For Concern Amongst Friends Of America, David Lord Hacking Jan 1979

The Increasing Extraterritorial Impact Of U.S. Laws: A Cause For Concern Amongst Friends Of America, David Lord Hacking

Northwestern Journal of International Law & Business

As students of international law know, there has been a long standing dispute between the United Kingdom and the United States over the doctrines of jurisdiction and sovereignty in the practice of international law. In two parts our nations do not quarrel. First, we agree that every nation has the right to exercise jurisdiction over its nationals and over non-nationals within its territory. Second, we agree that every nation has the right to exercise personal jurisdiction over its nationals residing abroad.

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The Future Of Free Enterprise: Can It Survive Government Interventionism?, Baron Edmond De Rothschild Jan 1979

The Future Of Free Enterprise: Can It Survive Government Interventionism?, Baron Edmond De Rothschild

Northwestern Journal of International Law & Business

Free enterprise is the indispensable prerequisite for personal freedom, which I dare believe is still highly valued by most people. Hence, it is also the only economic system which is compatible with the democratic governments of Europe and America. However, the vitality of free enterprise is being threatened by government interventionism on both sides of the Atlantic. In Europe, this manifests itself in taxation, nationalization, restrictive policies, subsidization, labor laws, and the growth of the public sector. In America, we find much of the same, excepting nationalization. In order to restore vigor to the weakened private sector, we must return …

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The Search For A Viable Foreign Economic Policy, Frank Church Jan 1979

The Search For A Viable Foreign Economic Policy, Frank Church

Northwestern Journal of International Law & Business

United States foreign policy is, to a great degree, influenced by the performance of the international economy. This fact was brought home with dramatic force in 1973, when Arab oil-producing countries suddenly quadrupled the price of oil. That abrupt increase in price, followed by the Arab oil embargo, nearly crippled the economies of the industrial nations of the west. The recent political upheaval in Iran and its affect on the world oil supply is only another poignant example of the extent to which the performance of the American economy, which obviously includes our national and multinational business enterprises, is intimately …

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Are Human Rights Good For International Business , Anthony D'Amato Jan 1979

Are Human Rights Good For International Business , Anthony D'Amato

Northwestern Journal of International Law & Business

When I take up the Nuremberg cases in my class in International Law, I find it quite difficult to convey to the students how radical those proceedings appeared to be in 1947. At that time, the contention that there should be individual accountability under international law seemed to constitute an unfounded and dangerous precedent. How could political leaders be made personally responsible for acts of state such as instituting a war (even an "aggressive" war) or engaging in wholly internal policies (the "final solution" against Jews and other minorities of their own citizens)? Indeed, the Nuremberg result seemed somewhat unprincipled …

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The Law Of Non-Recognition: The Case Of Taiwan, Victor H. Li Jan 1979

The Law Of Non-Recognition: The Case Of Taiwan, Victor H. Li

Northwestern Journal of International Law & Business

The United States and the People's Republic of China established diplomatic relations on January 1, 1979, while official United States ties with Taiwan terminated on the same day. In this article, Professor Li examines two possible American rationales for continued unofficial ties with Taiwan and the possible legal consequences of adopting either rationale.

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The U.N. Law Of The Sea Conference And The U.S. Congress: Will Pending U.S. Unilateral Action On Deep Seabed Mining Destroy Hope For A Treaty?, Paul N. Jr. Mccloskey, Ronald K. Losch Jan 1979

The U.N. Law Of The Sea Conference And The U.S. Congress: Will Pending U.S. Unilateral Action On Deep Seabed Mining Destroy Hope For A Treaty?, Paul N. Jr. Mccloskey, Ronald K. Losch

Northwestern Journal of International Law & Business

The eighth session of the United Nations Law of the Sea Conference convened recently in Geneva, Switzerland. A major unresolved issue at the Conference was the question of international regulation of deep seabed mining. In this article, Representative McCloskey and Attorney Losch discuss U.S. interests in achieving a comprehensive Law of the Sea Treaty, the sometimes conflicting objectives of other nations, and the effect that unilateral action by the U.S. Congress to legislate deep seabed mining could have on the successful completion of a treaty.

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