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University of Georgia School of Law

LLM Theses and Essays

1998

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Full-Text Articles in Law

Hazardous Waste Determination And Government Enforcement Actions In The Resource Conservation And Recovery Act And The Law No. 24051: Comparison Between The United States And Argentina, Eduardo Jose Conghos Jan 1998

Hazardous Waste Determination And Government Enforcement Actions In The Resource Conservation And Recovery Act And The Law No. 24051: Comparison Between The United States And Argentina, Eduardo Jose Conghos

LLM Theses and Essays

The incremental generation and disposal of hazardous waste, causing severe environmental pollution, has become one the world’s most important ecological problems starting with the Stockholm Conference in 1972. This paper examines two legislative reactions to pollution caused by hazardous wastes in the United States, under the Resource Conservation and Recovery Act 1976 (RCRA), and Argentina, in Law No. 24051. This paper makes a comparative analysis of the material provisions of both the RCRA and the Law with emphasis on the tools and actions provided for the enforcement of the RCRA and the Law. The paper concludes that the RCRA and …

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Mexico: The Case For Creation Of A National Court Of Human Rights, Nauhcatzin T. Bravo-Aguilar Jan 1998

Mexico: The Case For Creation Of A National Court Of Human Rights, Nauhcatzin T. Bravo-Aguilar

LLM Theses and Essays

The continuing oppression and violation of human rights in Mexico is predicated on the abuse of executive power, suppression of the powers of the Comision Nacional de Derechos Humanos (the National Commission for the Protection of Human Rights), and the usurpation of the authority of the judiciary. This thesis conducts a comparative analysis of the protection of human rights under the Constitution of the United States, the German Basic Law, and the Constitution of Mexico. It analyses the concept of the judicial review of executive and legislative powers and advocates for the establishment of a National Court of Human Rights …

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Foreign Banking Legislation In The U.S., Jun Chen Jan 1998

Foreign Banking Legislation In The U.S., Jun Chen

LLM Theses and Essays

This thesis addresses the dramatic change in legislation for the operation of foreign banks in the U.S in reaction to more recent myriad of opportunities for foreign banks within the U.S. The author takes on an historical perspective to the nature and concept of foreign banking, the International Banking Act of 1978, the Foreign Bank Supervision Enhancement Act of 1991, and the problems and lessons learned from the Daiwa and BCCI scandals. The author concludes with analysis and comments on current U.S. foreign banking legislation while proposing that U.S. banking regulations on foreign banks, though necessary to protect the U.S. …

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American Depository Receipts As A Way For Russian Companies To Enter The U.S. Capital Market, Dmitry Gladkov Jan 1998

American Depository Receipts As A Way For Russian Companies To Enter The U.S. Capital Market, Dmitry Gladkov

LLM Theses and Essays

The international capital market has become more developed in the last two decades because of advances in information technology, increased co-operation among financial regulators and the sophistication of the market players. This paper focuses on depository receipts as an essential element in the market integration process. The paper explores how domestic investors and corporations can acquire, issue and trade in foreign securities on the major stock markets of other countries, especially emerging markets such as the Russian Federation. This paper reviews the development of European Depository Receipts (EDRs), Global Depository Receipts (GDRs) and the American Depository Receipts (ADRs) in the …

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Copyright Protection Of Software, Severine Desimpelaere Jan 1998

Copyright Protection Of Software, Severine Desimpelaere

LLM Theses and Essays

Computer technology has developed within the last decades with many advancements which require intellectual property protections. This thesis addresses the need for the legal protection of software by the vast body of copyright laws. This thesis examines the history, nature, textual and practical compositions of copyright laws and their adaptability to computer technology. The thesis further analyses the scope of copyright protection with emphasis on the Computer Software Copyright Act of 1980 (CSCA), the regime of international conventions for the protection of software as well as other statutory protections for the owners and users of the software. The thesis concludes …

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A New Regulatory Environment For The Telecommunication Industry, Jerome Lavigne Delville Jan 1998

A New Regulatory Environment For The Telecommunication Industry, Jerome Lavigne Delville

LLM Theses and Essays

The idea of information superhighways has been spurred by consumer demand, technological development and political institutions. These advancements and interests require a regulatory framework to control the operation of, and competition within the telecommunications industry. This paper focuses on government regulation of telecommunication carriers, information services (internet), video-programming and wireless telecommunication (spectrum). This paper also highlights the roles of the Federal Communication Commission (FCC) under the Telecommunications Act of 1996 as compared to previous laws prior to the 1996 Act.

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Obtaining Damages From Unconstitutional Convictions: A Comparative Study Between Habeas Corpus And Amparo, Francisco Donde Jan 1998

Obtaining Damages From Unconstitutional Convictions: A Comparative Study Between Habeas Corpus And Amparo, Francisco Donde

LLM Theses and Essays

This thesis focuses on the right of victims of political and other unconstitutional convictions to obtain legal relief in Mexico. The thesis critically examines the writs of Amparo and habeas corpus, their uses and enforcements in Mexico, including, the policy for the creation of the writs – liberty. This thesis makes a comparative analysis of the use of the Mexican writ of Amparo and the writ of habeas corpus vis-à-vis enforcement mechanisms in the United States for unconstitutional convictions. The thesis concludes with proposals for amendments to the Amparo statute in Mexico to create the possibility for damages as …

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Exercising The Doctrine Of Judicial Review By Establishing A Constitutional Court In Mexico, Irma Leticia Leal-Moya Jan 1998

Exercising The Doctrine Of Judicial Review By Establishing A Constitutional Court In Mexico, Irma Leticia Leal-Moya

LLM Theses and Essays

This thesis focuses on the doctrine of judicial review and the need to establish a constitutional court in Mexico. The paper critically examines the doctrine of judicial review under the common law (US) and civil law (Germany) jurisdictions. Although the doctrine of judicial review in Mexico is a combination of both models, several decades of institutional arrangements prevent the Mexican judicial system from achieving effective instruments to enforce basic constitutional principles and maintain an equilibrium of powers. This thesis proposes a constitutional review that will create independent constitutional courts, with powers to review executive and legislative powers.

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International Aspects Of Banking Regulations - Panama And U.S., Annette Cecilia De Leon Molina Jan 1998

International Aspects Of Banking Regulations - Panama And U.S., Annette Cecilia De Leon Molina

LLM Theses and Essays

Globalization has resulted in a significant increase in the number of foreign banks operating in the United States and the Republic of Panama, thus requiring regulation. This paper deals with the proposed legislative framework by the Republic of Panama to modernize its foreign banking regulations. The paper examines the dynamics of the Basic Accord Capital Standards and U.S. regulation of foreign banks in comparison to the Panama current banking regulations, with the goal to adopting international best practices. The paper concludes by proposing that the Republic of Panama should embrace regulatory revisions at the same level as regulatory schemes in …

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Interaction Between National Environmental Marketing Regulations And International Trade, Pirkko-Liis Harkmaa Jan 1998

Interaction Between National Environmental Marketing Regulations And International Trade, Pirkko-Liis Harkmaa

LLM Theses and Essays

The environmental marketing of goods and products have a substantial influence on the demand and supply. This thesis reviews the scope, advantages and disadvantages of diverse types of environmental marketing and further addresses the need for international regulations on eco-labeling programs. This thesis finds that there is a substantial connection between trade and environmental marketing which has resulted in the need for an international harmonization of eco-labeling strategies including the General Agreements on Tariffs and Trade (GATT). The thesis concludes with propositions for a uniform international standard on eco-labeling for the adoption of environmentally-sound best practices and the mitigation of …

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Labelling Genetically Modified Products Under International Law, Mary Caroline Harris Jan 1998

Labelling Genetically Modified Products Under International Law, Mary Caroline Harris

LLM Theses and Essays

This paper focuses on the debate on the health, policy and legal regimes that require the special labeling of food, drugs and other products that contain genetically-modified-organisms. The paper examines national and international regulatory schemes on genetically-modified-organisms and the roles of the General Agreements on Tariffs and Trade (GATT) and World Trade Organization (WTO) conventions for non-restrictive global trade. This paper analyzes the scope, aims and objectives of the proposed international Biosafety Protocol in line with the overarching goals of GATT/WTO. The paper concludes that the food industry and individual producers should have the liberty to decide whether to label …

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Officers And Directors Compensation In American Law, Laurence Melanie Rouzioux Jan 1998

Officers And Directors Compensation In American Law, Laurence Melanie Rouzioux

LLM Theses and Essays

Since the 1980s, executive compensation of directors and officers in U.S. Corporations have increased sharply. This paper reflects upon the public criticism of corporations that paid exorbitant amounts as salary and other benefits to their directors and officers. This paper focuses on the laws of corporations in Delaware as they relate to directors and officers’ compensation. The author examines different concepts such as the doctrine of waste that creates a duty that a corporation cannot give away or waste its assets. The author concludes that executive compensation packages should mirror Delaware corporation laws while remaining reasonable flexible to account for …

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The United Nations Convention For The International Sale Of Goods (Cisg) And Related Issues Of Conflict Of Laws, Francesco Pifferi Jan 1998

The United Nations Convention For The International Sale Of Goods (Cisg) And Related Issues Of Conflict Of Laws, Francesco Pifferi

LLM Theses and Essays

This paper addresses a need for legal predictability in international sale of goods. The author explores the twin purposes of the CISG to provide uniform substantive rules for international sale contracts and to solve conflict of laws problems through a uniform choice of law principle. The paper explores the regime of conflict of law rules in the CISG in comparison with the Hague Convention on the Law Applicable to the Contracts for the International Sale of Goods, EC Rome Convention on the Law Applicable to Contractual Obligations, and the Inter-American Convention on the Law Applicable to International Contracts. The scope …

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The Director's Fiduciary Duty In A Close Corporation, Saichai Ue-Orrachorphong Jan 1998

The Director's Fiduciary Duty In A Close Corporation, Saichai Ue-Orrachorphong

LLM Theses and Essays

This paper focuses on a comparative analysis of the fiduciary duties of directors in a close corporation in Thailand and the U.S. The author describes the legal standards for director’s conduct and protective measures established by law and judicial rules that protect directors that act honestly and in the best interest of the corporation. The paper examines concepts such as the business judgment rule, duty of loyalty and duty of care under the Model Business Corporation Act as well as under Thai law. The paper concludes with a suggestion that Thai law should give more leeway to directors in the …

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Study Of Electronic Cash: Its Impact On The Economy And Society, And Its Future, Sanjana Prasad Jan 1998

Study Of Electronic Cash: Its Impact On The Economy And Society, And Its Future, Sanjana Prasad

LLM Theses and Essays

Technological advancement has introduced an electronic method for the payment for goods and services. With these advancements and the growth of the internet, the market-place of the world has become one universe without borders. This paper examines the various methods of electronic payment for goods and services and the domestic and international laws that govern their operations. The paper explores concerns about money laundering, counterfeiting, internet security, cyber scams in electronic cash as well as proffered security solutions to these problems. The paper concludes with the proposition that electronic cash in the form of cards (ATM) are more accessible to …

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Good Faith Principle Under Vienna Sales Convention - A Comparative Study, Chuan Li Jan 1998

Good Faith Principle Under Vienna Sales Convention - A Comparative Study, Chuan Li

LLM Theses and Essays

This paper focuses on the good faith principle in contracts and international trade. The paper examines the description of the good faith principle in common law and civil law jurisdictions and various approaches to Article 7 (1) of the Vienna Sales Convention that requires the need to promote the observance of good faith in international trade. The paper reviews the drafting history of the Article, interpretation of good faith under common law and civil law, the UNIDROIT and Uniform Commercial Code. The paper concludes by proposing a uniform understanding of the Convention’s good faith principle by clarifying its function, its …

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Domestic Subsidies Under The Wto Agreement On Subsidies And Countervailing Measures And Their Treatment In Section 771 Of The Tariff Act Of 1930, Cecil Carl-Erich Kramer Jan 1998

Domestic Subsidies Under The Wto Agreement On Subsidies And Countervailing Measures And Their Treatment In Section 771 Of The Tariff Act Of 1930, Cecil Carl-Erich Kramer

LLM Theses and Essays

Governments provide subsidies for a variety of reasons and they are an important tool "to promote important objectives of national policy. The Organization for Economic Co-operation and Development (OECD) is comprised of industrialized countries, all of which are Members of the OECD Convention also have shown a steady rise in the provision of subsidies. The policy behind the fact that subsidies are addressed in international agreements is that they create a distortion in international trade and that they can quickly and destructively spread from nation to nation. They create a disparity between the actual costs incurred in producing a particular …

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Child-Custody Adjudication - The Twentieth Century Dilemma: Reconciling The Best Interest Of The Child In A Cross-Cultural Setting, Jasmine Rita Renner Jan 1998

Child-Custody Adjudication - The Twentieth Century Dilemma: Reconciling The Best Interest Of The Child In A Cross-Cultural Setting, Jasmine Rita Renner

LLM Theses and Essays

Child Custody determination in family law is a herculean task. It typically depends on the balancing of interests between two parents that works in tandem with the best interest of the child. This paper addresses the legal and constitutional factors that affect custody adjudication in the 20th century such as feminist jurisprudence, and the growing concept of joint custody with primary caretaker rule. The paper also examines the role and impact of assisted reproductive technology on custody adjudication. Most importantly, the paper focuses on the best interest of the child doctrine under Article 3(1) of the United Nations Convention on …

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Recognition And Enforcement Of Foreign Arbitral Awards: Application Of The New York Convention In The United States, Lijun Yang Jan 1998

Recognition And Enforcement Of Foreign Arbitral Awards: Application Of The New York Convention In The United States, Lijun Yang

LLM Theses and Essays

No abstract provided.

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The Interpretation Of The Remedial Provisions Of The Cisg, Evelina Wilhelmina Innocentia Visser Jan 1998

The Interpretation Of The Remedial Provisions Of The Cisg, Evelina Wilhelmina Innocentia Visser

LLM Theses and Essays

The drafting process of the most successful international uniform law of the last decades, the 1980 United Nations Convention on the International Sale of Goods (CISG) reflected that in order to become a set of "well-balanced subsidiary rules," international uniform must be drafted and implemented carefully. It is essential that an international uniform law is adapted to diverse cultures. The different needs and demands of the varied socio-economic systems and legal structures, perceptions, procedures, and cultures of the distinct legal systems of this world are a main and omnipresent consideration and must be capable of absorbing the unified law. Either …

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Debt Instruments' Tax Treatment In Corporate Mergers And Acquisitions, Tae Oon Jang Jan 1998

Debt Instruments' Tax Treatment In Corporate Mergers And Acquisitions, Tae Oon Jang

LLM Theses and Essays

The increase of merger and acquisition(M&A) activity since 1992 has resulted mainly from a domestic economic recovery. The current M&A trend shows that M&A is still an important means of enhancing many corporations' competitive power and of stimulating growth in such areas as computer software and services, wholesale and distribution, miscellaneous services, banking and finance, and leisure and entertainment. Fundraising for mezzanine-fund financing, which reflects investors' foresight about current and future M&A trends, has also seen rapid growth. After the Tax Reform Act of 1986 and the repeal of the General Utilities doctrine, the elimination of the capital gain preference …

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The Liability Of The Automobile And Motorcycle Manufacturers And Their Suppliers For Defective Products In The United States Compared To Germany, Daniel Karl Robyn Jan 1998

The Liability Of The Automobile And Motorcycle Manufacturers And Their Suppliers For Defective Products In The United States Compared To Germany, Daniel Karl Robyn

LLM Theses and Essays

This thesis deals with the lability of automobile and motorcycle manufacturers, as well as their suppliers, in situations where a defective product causes a harmful event. Specifically, it compares the product liability laws of the Federal Republic of Germany to those of the United States of America. Before entering into the details of legal doctrine, the introductory note provides background information on the social and economic aspects of automobile use in those two countries. Next, Chapter I describes the liability regime governing claims against German motor vehicle manufacturers and their suppliers. Chapter II focuses on the comparable law in the …

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The Transboundary Movement Of Hazardous Waste A Comparative Analysis, Els Reynaers Jan 1998

The Transboundary Movement Of Hazardous Waste A Comparative Analysis, Els Reynaers

LLM Theses and Essays

An analysis of the transboundary movement of hazardous waste requires a comparative examination of three main regulatory entities. First, the international Basel Convention on the Control of the Transboundary Movements of Hazardous Wastes and Their Disposal will be covered. More particularly, an inquiry of its raison d'etre, will be followed by a critical examination of its goals and mechanisms. The relationship the United States has with the Convention and its national approach towards the export of hazardous waste will be covered next. A brief investigation of the real situation impacts of the Basel Convention will finalize this chapter. The second …

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Mediation In Domestic Relations In The United States, Asma Saeed Hussain Jan 1998

Mediation In Domestic Relations In The United States, Asma Saeed Hussain

LLM Theses and Essays

The continuing influence of a myriad of alternative dispute resolution (ADR) techniques has permeated the field of family, and domestic relations law. This thesis reviews mediation as one of the ADR techniques in contrast with traditional court-litigation for divorce, child-custody disputes. The main part of the thesis addresses the weakness and ethical problems of mediation in domestic relations dispute. The thesis concludes with an acknowledgment of the successes of mediation in divorce cases while discussing the importance of the protection of confidential information which parties disclose during the mediation process.

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Copyright On The Internet: A Comparison Of U.S. And E.C. Protection, Erik Daems Jan 1998

Copyright On The Internet: A Comparison Of U.S. And E.C. Protection, Erik Daems

LLM Theses and Essays

The advancement in technology, the information super highway and the internet have threatened the intellectual property of copyright owners. There is now, a relative ease in the copying, reproduction and transmission of copyrighted work through digitization. This thesis explores the legal systems of the United States, and the European Community, and their proposals towards adequate protection of works from copyright infringement. The thesis examines the competing interests of the copyright owner, the rights of users of the internet, and the role of the legislators in the United States and the European Community in balancing and protecting these interests.

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The Impact Of The Kodak Decision To Antitrust Tying Challenges In Trademark Licensing: The Search For Legal Certainty, Clotilde Forest Jan 1998

The Impact Of The Kodak Decision To Antitrust Tying Challenges In Trademark Licensing: The Search For Legal Certainty, Clotilde Forest

LLM Theses and Essays

The recent increase in trademark licensing has drawn the attention of antitrust authorities. This paper focuses on establishing patterns as to the validity, under antitrust law, of “hot” clauses present in medium to long term marketing programs especially in the light of the recent decision of the Supreme Court of the United States in Eastman Kodak Co. v. Image Technical Services, Inc., 504 U.S. 451 (1992). The paper explores the contractual policy of having stable legal standards to ensure an efficient implementation of contractual terms that are immunized from adverse antitrust challenges throughout the term of the contract. This paper …

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"The Worst Of Both Worlds" Or Was The Therapeutic Mission Of The Juvenile Court System A One-Way-Street? - The German Juvenile Court System Compared To The American Situation, Joerg Fries Jan 1998

"The Worst Of Both Worlds" Or Was The Therapeutic Mission Of The Juvenile Court System A One-Way-Street? - The German Juvenile Court System Compared To The American Situation, Joerg Fries

LLM Theses and Essays

Juvenile delinquency and convictions are on a record high in the United States and Germany, and there are concerns about balancing the diversionary interests of the juvenile justice system with the need for public safety. This thesis focuses on a comparison between the German and American Juvenile Court systems by exploring the different theories of punishment, sentencing, criminal law, juvenile delinquency and public safety. The thesis examines the birth of the parens patriae concept and establishment of the American juvenile court, as well as the problems of balancing the penal nature of the criminal law, rehabilitative goals of the juvenile …

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