Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative and Foreign Law (19)
- Human Rights Law (4)
- Intellectual Property Law (3)
- Business Organizations Law (2)
- International Trade Law (2)
-
- Banking and Finance Law (1)
- Computer Law (1)
- Contracts (1)
- Courts (1)
- Criminal Procedure (1)
- Cultural Heritage Law (1)
- Energy and Utilities Law (1)
- Immigration Law (1)
- Indigenous, Indian, and Aboriginal Law (1)
- International Law (1)
- Labor and Employment Law (1)
- Military, War, and Peace (1)
- Natural Resources Law (1)
- Oil, Gas, and Mineral Law (1)
- Securities Law (1)
- State and Local Government Law (1)
- Keyword
-
- Japanese Commercial Code (2)
- 1982 Convention on the Law of the Sea (1)
- 1988 Omnibus Trade and Competitiveness Act (1)
- Comfort women (1)
- Copyright (1)
-
- Council of Grand Justices (1)
- Fisheries (1)
- German Basic Treaty (1)
- Guam Commonwealth Act (1)
- Hong Kong Bill of Rights (1)
- Human rights (1)
- Intellectual property rights (1)
- International Covenant on Civil and Political Rights (1)
- International trade relations (1)
- Japan Securities & Exchange Reform Act (1)
- Japanese Civil Code (1)
- Korean Reconciliation Treaty (1)
- Philippine Foreign Investments Act (1)
- Sea of Japan (1)
- Software (1)
- Thailand Patent Act (1)
- Thailand State Enterprise Labor Relations Act (1)
- Timor Gap Treaty (1)
- Torture Victim Protection Act (1)
Articles 1 - 26 of 26
Full-Text Articles in Law
Indigenous People: An American Perspective On The Case For Entrenchment Of Maori Rights In New Zealand Law, Jeanette Jameson
Indigenous People: An American Perspective On The Case For Entrenchment Of Maori Rights In New Zealand Law, Jeanette Jameson
Washington International Law Journal
The 1840 Treaty of Waitangi, signed by representatives of the British Crown and Maori Tribes, created a partnership that allowed colonization of New Zealand while protecting the Maori culture. The Treaty was declared a "nullity" in an 1877 court decision, and Maori rights under the Treaty have yet to be fully realized. Since the beginning of the 1970s, the New Zealand government has increasingly recognized the Maori culture. This Comment explores the history of the relationship between the Maori people and the New Zealand government. It analyzes current government policy on Maori issues. Fimally, it advocates for legislative entrenchment of …
U.S. Action In Micronesia As A Norm Of Customary International Law: The Effectuation Of The Right To Self-Determination For Guam And Other Non-Self-Governing Territories, Peter Ruffatto
Washington International Law Journal
U.S. relations with the Federated States of Micronesia and the Republic of the Marshall Islands resulted in a status of free association for these two Micronesian nations in 1986. Meanwhile, 18 trust and non-self-governing territories still lack a status of self-determination, including U.S.-administered Guam. U.S. action in Micronesia and U.N. approval of such action creates a norm of customary international law, which mandates all administering authorities of trust and non-self-governing territories to bring to fruition these territories' right to self-determination. Although non-self-governing territories are generally categorized under a separate legal regime from that which governed U.S. action in Micronesia, the …
A Survey Of Intellectual Property Issues In China-U.S. Trade Negotiations Under The Special 301 Provisions, Qiao Dexi
Washington International Law Journal
On January 16, 1992, the United States and China signed a Memorandum of Understanding (MOU) committing China to provide improved protection for U.S. intellectual property rights (PRs) in China. Though the MOU is based on the special 301 provisions of the U.S. Omnibus Trade and Competitiveness Act of 1988, it may be regarded as being largely a continuation of the IPRs provisions of a 1979 bilateral trade agreement. This articleanalyzes IPRs under the special 301 provisions, with reference to specific issues of patents, trademarks and copyrights. In conclusion, the following points are emphasized. 1) The MOU will apparently solve intellectual …
Japanese Official Development Assistance And Energy Efficiency Projects, John Briggs
Japanese Official Development Assistance And Energy Efficiency Projects, John Briggs
Washington International Law Journal
This comment examines the likelihood that the Japanese government will promote investments in energy efficiency programs in the developing world with funding from its Official Development Assistance (ODA). The Japanese Prime Minister has stated that Japan will support the promotion of sustainable development in the developing world, primarily through disbursements of its ODA funds. The need to promote investments in energy efficiency projects in the developing world is widely accepted by proponents of sustainable development. However, the likelihood that Japan will replace its current ODA energy program, which targets investments in energy generation, with a program that promotes investments in …
The Korean Reconciliation Treaty And The German Basic Treaty: Comparable Foundations For Unification?, Derek J. Vanderwood
The Korean Reconciliation Treaty And The German Basic Treaty: Comparable Foundations For Unification?, Derek J. Vanderwood
Washington International Law Journal
With the end of the Cold War, the North-South Korean relationship has been the focus of increasing attention in the international community. In 1991, after years of tense and hostile relations, the two states adopted the Korean Reconciliation Treaty. To assess the prospects for successful reunification of the two Koreas through the Treaty, this comment compares it with the German Basic Treaty of 1984, which promotes similar goals of reunification of divided states. The comparison shows that the German Treaty has been more successful in facilitating unification, due largely to its relative flexibility in implementation. This comment proposes that the …
Retroactive Application Of The Torture Victim Protection Act To Redress Philippine Human Rights Violations, Riza De Jesus
Retroactive Application Of The Torture Victim Protection Act To Redress Philippine Human Rights Violations, Riza De Jesus
Washington International Law Journal
The Torture Victim Protection Act (TVPA) was enacted in 1992 to establish an unambiguous basis for a cause of action in U.S. courts for torture committed in foreign nations. Because the statutory language and legislative history did not address the issue of retroactivity, courts are left with the task of determining whether the TVPA applies to pending cases and pre-enactment conduct. As demonstrated in In re Estate of Marcos Human Rights Litigation, a retroactive application of the statute does not result in manifest injustice. The TVPA does not alter substantive rights and liabilities and merely clarifies existing law prohibiting …
Recent Developments In Copyright Protection For Computer Software In The United States And Japan, Yutaka Nakamura
Recent Developments In Copyright Protection For Computer Software In The United States And Japan, Yutaka Nakamura
Washington International Law Journal
Many current legal issues pertaining to copyright of computer software involve defining the scope of protection of non-literal expression, such as "user interface" and "look and feel," in contrast to literal expression, such as "source code," to which ownership may be more clearly attributed. Superficially, it appears that the case law pertaining to non-literal expression is developing differently in Japan and the United States. This comment demonstrates that, however, while Japanese and U.S. courts have been applying formally different analytical criteria, the decisions of both have been similar in seeking equity-oriented solutions.
Thailand's State Enterprise Labor Relations Act: Denying Public Employees The Right Of Association And The Right To Organize And Bargain Collectively, Kelly A. Doelman
Thailand's State Enterprise Labor Relations Act: Denying Public Employees The Right Of Association And The Right To Organize And Bargain Collectively, Kelly A. Doelman
Washington International Law Journal
On April 15, 1991, Thailand's new legislative body enacted the State Enterprise Labor Relations Act, removing public employees from the dominion of the Labor Relations Act and dissolving the existing public labor unions. This Act has had a crippling effect on the entire Thai labor movement, which historically relied on the leadership and influence of public unions to promote private industry worker interests. This Comment argues that the State Enterprise Labor Relations Act contains many provisions which violate internationally accepted labor standards, specifically the right of association and the right to organize and bargain collectively. This Comment further asserts that …
"Comfort Women" From Korea: Japan's World War Ii Sex Slaves And The Legitimacy Of Their Claims For Reparations, Yvonne Park Hsu
"Comfort Women" From Korea: Japan's World War Ii Sex Slaves And The Legitimacy Of Their Claims For Reparations, Yvonne Park Hsu
Washington International Law Journal
During World War II, Japan forced 100,000 to 200,000 women from all over Asia into prostitution to satisfy the sexual cravings of Japanese soldiers. These women thus forced into prostitution were euphemistically called "comfort women". In December 1991, three former Korean comfort women filed suit in the Tokyo District Court, seeking damages for their sufferings. From both legal and moral perspectives, Japan needs to make reparations for violations of these women's fundamental human rights. By meeting the obligations arising from its past abuses of human rights, Japan will take a significant step toward preventing its militant past from re-occurring, fostering …
Lessons From A Changing Japan, John Owen Haley
Lessons From A Changing Japan, John Owen Haley
Washington International Law Journal
As suggested by the title, these comments center on three propositions: that Japan is changing; that somehow Japan in the process of such change has something to teach us; and finally, that we have something to learn from Japan. Living in Japan over the past six months—the longest period during which I have continuously lived in Japan since the early 1970's—I have been startled by the extent of intellectual and material changes. Although some may belittle the Japanese slogan kokusaika, I am deeply impressed by the profound "internationalization" of Japanese attitudes and understanding. As goods, services, and ideas flow …
Juduicial Power & Illusion: The Republic Of China's Council Of Grand Justices And Constitutional Interpretation, F. Fraser Mendel
Juduicial Power & Illusion: The Republic Of China's Council Of Grand Justices And Constitutional Interpretation, F. Fraser Mendel
Washington International Law Journal
The Republic of China underwent a rapid political transformation from an authoritarian nation to a democratic state which required change at every level of the government. The ROC's Council of Grand Justices has contributed to this period of reform through a number of constitutional interpretations which have resulted in greater individual liberties and further restrictions on government actions. This has been accomplished even though the Council operates against substantive and procedural limitations on its powers. A review of these Council interpretations from the past decade reveals that the Council has made steady inroads towards fulfilling its role as the supreme …
Introduction To The Financial System And Securities & Exchange System Reform Act In Japan, Hiroshi Naka, Akio Nakamura, Atsushi Yamashita, Scott Siegler
Introduction To The Financial System And Securities & Exchange System Reform Act In Japan, Hiroshi Naka, Akio Nakamura, Atsushi Yamashita, Scott Siegler
Washington International Law Journal
This translation of an original Japanese language work, by Hiroshi Naka and Akio Nakamura, both of the Japanese Ministry of Finance, details the reforms of Japan's financial and securities & exchange system made under the recently enacted System Reform Act. The major reforms under the Act include: (1) altering the "Glass Steagall" rule (the separation of securities business and banking business) in Japan so that banks and securities companies can engage in each other's business through their subsidiaries; (2) extending securities regulations to some new types of structured finance; (3) amending public offering provisions and providing new articles for private …
The Application Of The International Covenant On Civil And Political Rights To Hong Kong, Geping Rao
The Application Of The International Covenant On Civil And Political Rights To Hong Kong, Geping Rao
Washington International Law Journal
As a dependency of the United Kingdom, Hong Kong is ineligible to ratify international agreements such as the International Covenant on Civil and Political Rights. The United Kingdom ratified the ICCPR and in so doing extended it to Hong Kong, with certain reservations. Full implementation of the ICCPR in Hong Kong requires that it be incorporated into domestic law, however. That was accomplished in 1991 with the passage of the Hong Kong Bill of Rights. This Article discusses the incorporation of the ICCPR into Hong Kong law via the Hong Kong Bill of Rights and the Basic Law, and proposes …
International Human Rights, Morality In War, And The Structure Of Rights, Edward C. O'Dowd, Robert F. Schopp
International Human Rights, Morality In War, And The Structure Of Rights, Edward C. O'Dowd, Robert F. Schopp
Washington International Law Journal
A careful analysis of certain issues of morality in war demonstrates important differences in the duties recognized by Western and Chinese military officers toward their soldiers. These differences reflect fundamentally different theories of social morality in the societies these officers represent. Although Western countries and China have endorsed a common set of internationally recognized human rights, a meaningful consensus regarding human rights must remain consistent across three levels of analysis. The putative contemporary consensus among Chinese and liberal societies fails because the fundamental differences in underlying principles of social morality that give rise to divergent principles of morality in war …
Resolution Iii Of The 1982 Convention On The Law Of The Sea And The Timor Gap Treaty, James K. Kenny
Resolution Iii Of The 1982 Convention On The Law Of The Sea And The Timor Gap Treaty, James K. Kenny
Washington International Law Journal
Australia and Indonesia signed the Timor Gap Treaty in 1989 as a means to jointly benefit from the petroleum reserves in the Timor Sea between East Timor and northwestern Australia without permanently resolving their dispute over seabed delimitation. The Treaty utilizes rights granted by the 1982 United Nations Convention on the Law of the Sea (UNCLOS III, 1982). Resolution III of the UNCLOS III provides the benefit of the Convention's rights to United Nations-recognized non-self-governing peoples, which includes the East Timorese people. Under Resolution III, the East Timorese are entitled to all of the Convention's rights, including sovereignty over natural …
How The East Was Won: A Critique Of U.S. Tactics In Negotiating Patent Protection For Pharmaceuticals In Thailand, Michael Begg
How The East Was Won: A Critique Of U.S. Tactics In Negotiating Patent Protection For Pharmaceuticals In Thailand, Michael Begg
Washington International Law Journal
In February 1992, Thailand amended its patent law to provide patent protection for drugs. The amendment resulted from pressure by the United States pharmaceutical industry and the United States Trade Representative; it was not a Thai internal policy decision. Bleak prospects in the U.S. drug market due to a climate of increasing restraints on drug prices have led the Pharmaceutical Manufacturers Association to push for patent protection for their products abroad. Consequently, the United States Trade Representative pressured Thailand to amend its Patent Act to include pharmaceuticals, threatening to use Section 337 of the Trade and Tariff Act of 1930 …
From Conflict To Cooperation: Fishery Relations In The Sea Of Japan, Tsuneo Akaha
From Conflict To Cooperation: Fishery Relations In The Sea Of Japan, Tsuneo Akaha
Washington International Law Journal
This article traces the postwar experiences of Japan, the most important fishing nation of the Japan Sea region, in establishing and expanding fishery relations with the Soviet Union/Russia, South Korea, and North Korea. The gradual shift from conflict to cooperation in the exploitation and management of fishery resources shows that pragmatic cooperation among the countries involved has been made possible by their willingness to accommodate mutual economic interests on an increasingly reciprocal basis. International law, particularly the U.N. Convention on the Law of the Sea, and the legal norms and principles it embodies have aided the parties in arriving at …
Special 301: An Effective Tool Against Thailand's Intellectual Property Violations, Preeti Sinha
Special 301: An Effective Tool Against Thailand's Intellectual Property Violations, Preeti Sinha
Washington International Law Journal
Special 301 of the 1988 Omnibus Trade and Competitiveness Act grants the United States Trade Representative the authority to target countries that do not adequately protect intellectual property rights. The USTR has been investigating and negotiating with several countries, including Thailand, in an effort to improve intellectual property protections for American products. As a result, Thailand has instituted noteworthy changes in its copyright and patent laws. This Comment recommends that the USTR continue to negotiate with Thailand, and that the USTR continue to exert pressure on Thailand. This Comment also suggests that because Thailand has taken steps to improve protection …
Chinese Methods For Settling Economic Disputes Concerning Foreigners And Their Legal Bases, Xiao Yongzhen, Godfrey Lam, Neil Meyers
Chinese Methods For Settling Economic Disputes Concerning Foreigners And Their Legal Bases, Xiao Yongzhen, Godfrey Lam, Neil Meyers
Washington International Law Journal
This translation of an original Chinese language work by Xiao Yongzhen discusses the legal authority Chinese courts rely on in addressing economic disputes arising from foreign investment and joint-venture agreements in the People's Republic of China. The translation details specific legal mechanisms used in China, as well as distinct Chinese legislation and practices relied upon to amicably resolve contractual disputes between private parties involving foreign interests in China. Translators' Introductory Note: The style of Chinese law review articles differs somewhat from that of American law reviews; therefore this translation should be read with those differences in mind. Chinese law review …
The Banking And Securities Scandals And Fundamental Theories Of Commercial Jurisprudence, Seiji Tanaka, Yutaka Nakamura
The Banking And Securities Scandals And Fundamental Theories Of Commercial Jurisprudence, Seiji Tanaka, Yutaka Nakamura
Washington International Law Journal
The recent Japanese banking and securities scandals are among the most serious events that the Japanese business community has ever experienced. This article, written by Professor Seiji Tanaka, and translated by Yutaka Nakamura, analyzes these events applying positive laws from Professor Tanaka's standpoint, emphasizing the social responsibilities that corporations should have in Japanese society. The article relies on the basic purposes and provisions of the Japanese Commercial and Civil Codes and establishes organic principles of social responsibility for Japanese corporations to follow. Finally, the article emphasizes that a high standard of conduct, based on these principles of social responsibility, is …
From Japan's Death Row To Freedom, Daniel H. Foote
From Japan's Death Row To Freedom, Daniel H. Foote
Washington International Law Journal
In 1975, the Japanese Supreme Court relaxed the standards governing the grant of retrials in criminal cases. Since then four death row inmates have obtained new trials and ultimate vindication through acquittals. The facts of the four cases are compelling: all involved highly publicized murders, rather harsh investigations leading to confessions that the defendants subsequently disavowed, and seemingly routine convictions followed by decades-long struggles by the convicted men to forestall their executions and secure retrials. Each of the men spent over 25 years on death row before the final determination that he had been unjustly convicted. In this article, Professor …
Comparative Law In Perspective, Dan Fenno Henderson
Comparative Law In Perspective, Dan Fenno Henderson
Washington International Law Journal
The use and study of comparative law has grown in scope and in importance—and no more so than in the area of commercial exchange between the United States and Japan. Comparative law is being applied more practically in the Courts; it is an agent of change and of harmonization between different peoples and economies. However, the respective concepts of law and its role in society, as well as the role of language in understanding the law, continue to make the use and study of comparative law a challenge. A real sensitivity to the cultural, structural and conceptual differences in the …
Out Of Sight, Out Of Mind: United States Immigration Law And Policy As Applied To Filipino-Amerasians, Joseph M. Ahern
Out Of Sight, Out Of Mind: United States Immigration Law And Policy As Applied To Filipino-Amerasians, Joseph M. Ahern
Washington International Law Journal
In 1982 the United States Congress passed the Amerasian Immigration Act, 8 U.S.C. section 1154(f). The 1982 Act provides preferential immigration status to children in Asia fathered by U.S. service personnel in Korea, Vietnam, Laos, Kampuchea, and Thailand. Congress passed the 1982 Act because of the poor economic and social conditions experienced by Amerasians in their homelands. The 1982 Act, however, excludes Amerasian children from the Philippines. Equity dictates that if Congress provides preferential immigration status to one group it should grant those same rights to groups who are similarly situated. Amerasians in the Philippines experience similar economic deprivation and …
Contract Societies: Japan And The United States Contrasted, Shinichirō Michida, Veronica L. Taylor
Contract Societies: Japan And The United States Contrasted, Shinichirō Michida, Veronica L. Taylor
Washington International Law Journal
This translation of an original Japanese language work by Michida Shinichirō contrasts the differences between the understanding of contractual obligations in the United States and in Japan. The translation cites specific differences between each country's statutes and case law, as well as distinct cultural factors that are important when considering respective understandings of contract in these societies. Translator's Introductory Note: This translation is intended to give readers an introduction to Japanese contract law theory and its operation in that society. Professor Shinichirō Michida was writing for a general audience in Japan, not simply for those with legal training. One of …
Establishing A Stock Corporation In Japan After The 1990 Revision Of The Commercial Code, Bruce W. Maclennan
Establishing A Stock Corporation In Japan After The 1990 Revision Of The Commercial Code, Bruce W. Maclennan
Washington International Law Journal
The most recent revision of the laws governing the incorporation of a kabushiki kaisha—stock corporation—in Japan brought an increased capitalization requirement, made it possible for one person to perform the incorporation, and removed the necessity of having a court-appointed inspector examine certain transactions undertaken in the process of incorporation. Additionally, FECL and Anti-Monopoly Law reporting requirements for inward direct investments have recently been liberalized. These and other revisions designed to increase creditor protection and streamline the process have changed incorporation procedures considerably. This comment examines these statutory changes and describes in detail the process of incorporating a subsidiary of …
Philippine Foreign Investment Efforts: The Foreign Investments Act And The Local Governments Code, John F. Pierce
Philippine Foreign Investment Efforts: The Foreign Investments Act And The Local Governments Code, John F. Pierce
Washington International Law Journal
The Philippine Government's efforts to attract foreign direct investments have been ineffectual, especially when compared with the efforts of its Southeast Asian neighbors. Foreign investment incentive legislation has been relatively ineffectual in attracting the investment the Philippines sought due to the ambiguous and arbitrary execution of its investment laws and policies. The Philippine Judiciary's unsettled attitude toward foreign investment further enhanced the overall impression that the Philippines was not a safe or stable investment host country. The Philippines' most recent legislative attempt to lure foreign investment is the Foreign Investments Act of 1991. The Foreign Investments Act goes much further …