Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative and Foreign Law (27)
- Constitutional Law (3)
- Health Law and Policy (3)
- Criminal Procedure (2)
- Dispute Resolution and Arbitration (2)
-
- Environmental Law (2)
- Indigenous, Indian, and Aboriginal Law (2)
- Bankruptcy Law (1)
- Business Organizations Law (1)
- Cultural Heritage Law (1)
- Food and Drug Law (1)
- Human Rights Law (1)
- International Trade Law (1)
- Land Use Law (1)
- Legal Profession (1)
- Nonprofit Organizations Law (1)
- Property Law and Real Estate (1)
- Religion Law (1)
- Securities Law (1)
- Water Law (1)
Articles 1 - 28 of 28
Full-Text Articles in Law
Breaking Down Barriers To U.S. Investment In Vietnam's Real Estate Market, Stephanie L. Strike
Breaking Down Barriers To U.S. Investment In Vietnam's Real Estate Market, Stephanie L. Strike
Washington International Law Journal
Despite great progress in Vietnam’s general investment environment, barriers exist which impede U.S. investment in Vietnam’s real estate market. While Vietnam remains a socialist country, drastic liberalization of its market structure and investment laws have made Vietnam a more attractive environment for most U.S. investors. However, barriers remain for U.S. investors seeking to invest in Vietnam’s real estate, specifically property developers wishing to build tourism complexes. These barriers include weak transportation infrastructure, financial and humanitarian issues posed by site clearance, and lack of accountability in the real estate licensing system. To facilitate U.S. investment in Vietnam’s real estate, Vietnam should …
Constitutional Adjudication In Post-1997 Hong Kong, Albert H.Y. Chen
Constitutional Adjudication In Post-1997 Hong Kong, Albert H.Y. Chen
Washington International Law Journal
In July 1997, the British colony of Hong Kong was returned to the People’s Republic of China (“PRC”). It became a Special Administrative Region (“SAR”) of the PRC in accordance with the concept of “one country, two systems” embodied by the Sino-British Joint Declaration of 1984. The constitutional instrument of Hong Kong’s new legal and political system is the Basic Law of the SAR of Hong Kong, enacted by the National People’s Congress of the PRC and effective as of July 1997. Under colonial rule, Hong Kong inherited a British-style legal system. English common law formed the foundation, and the …
If I Had A Hammer: The Oecd Guidelines For Multinational Enterprises As Another Tool To Protect Indigenous Rights To Land, Heather Bowman
If I Had A Hammer: The Oecd Guidelines For Multinational Enterprises As Another Tool To Protect Indigenous Rights To Land, Heather Bowman
Washington International Law Journal
As developing countries embrace market economies, a primary source of investment is in the form of foreign direct investment through action by Multinational Enterprises (“Multinationals”) inside a country’s borders. Activity by a Multinational is often regulated only by the host country, which may place minimal restrictions on it for fear of losing investment. This places the country’s people and environment at risk. Indigenous peoples affected by poorly planned or managed development have no opportunity to change plans before they are enacted, and have little chance to obtain reparation for damages suffered. A way of addressing this lack of participation in …
The Judicial Application Of The Causation Test Of The False Statement Doctrine In Securities Litigation In China, Ling Dai
Washington International Law Journal
As part of the reform of China’s centrally planned economy, one of the primary purposes in establishing a stock market was to help state-owned enterprises raise sufficient capital from the public. The protection of investors’ interests was not essential in the initial contemplation of securities laws, though the listed companies have a duty of disclosure under the 1998 Securities Law. After the Supreme People’s Court promulgated its judicial interpretation of the false statement doctrine in civil securities cases in 2002, the lower courts started to interpret and apply the elements of the false statement doctrine in securities cases brought by …
Water Privatization In The Philippines: The Need To Implement The Human Right To Water, Sarah I. Hale
Water Privatization In The Philippines: The Need To Implement The Human Right To Water, Sarah I. Hale
Washington International Law Journal
Water is widely recognized as an essential element to sustain life, yet attaining universal access to clean drinking water remains a perplexing issue throughout the lesser-developed world. In 1997, with backing from private investment and the World Bank, the Philippine government privatized the municipal water utility of Manila in an effort to improve service and promote efficiency. Nearly ten years later, privatization has failed to produce results and instead has engendered a contentious and polemical debate about the merits of privatization. Indeed, for policy makers, the case study of Manila has become a focal point in the debate about whether …
Aiming Straight: The Use Of Indigenous Customary Law To Protect Traditional Cultural Expressions, Meghana Raorane
Aiming Straight: The Use Of Indigenous Customary Law To Protect Traditional Cultural Expressions, Meghana Raorane
Washington International Law Journal
Globalization has led to the propagation of traditional cultural expressions of indigenous peoples outside their communities. Consequently, the question of how these expressions should be protected has acquired heightened significance. Commentators have proposed using existing intellectual property regimes and sui generis solutions. This Comment advocates a third solution, the use of indigenous customary laws of indigenous peoples to protect their particular traditional cultural expressions. Indigenous customary laws ensure effective protection of the traditional cultural expressions of indigenous peoples. The assumption that existing intellectual property regimes provide the only available protection is erroneous and constrains the development of effective solutions. Western …
The Tonle Sap: Reconsideration Of The Laws Governing Cambodia's Most Important Fishery, Ian J. Mensher
The Tonle Sap: Reconsideration Of The Laws Governing Cambodia's Most Important Fishery, Ian J. Mensher
Washington International Law Journal
The Tonle Sap Basin is not only Cambodia’s largest inland fishery, but also the source of food and income for roughly one million Cambodians. Its biodiversity is unrivaled within Southeast Asia, and its sustainability is vital to the socioeconomic and political stability in the region. However, Cambodia’s current fishery, forestry, and land laws do not adequately protect the Tonle Sap Basin from over-fishing and the introduction of sedimentation and pollution caused by increasing development. The laws do not create or reflect a model for sustainable fishing and development. Both the laws currently in force and proposed legislation fail to limit …
The Influential Legacy Of Dutch Islamic Policy On The Formation Of Zakat (Alms) Law In Modern Indonesia, Arskal Salim
The Influential Legacy Of Dutch Islamic Policy On The Formation Of Zakat (Alms) Law In Modern Indonesia, Arskal Salim
Washington International Law Journal
This article attempts to trace the influence of the colonial legacy in the formation of zakat (alms) policy in modern Indonesia. The article argues that the influence of the Dutch Islamic policy has gradually diminished as the process of Islamization of Indonesia has deepened. As early as the 19th century, Snouck Hurgronje played a key role in developing the Dutch zakat policy, which focused on the colonial government preventing the payment of zakat from being compulsory. During the first two decades after Indonesia's independence in 1945, the zakat policy as derived from colonial times continued without much change. However, by …
Judicial Intervention In International Arbitration: A Comparative Study Of The Scope Of The New York Convention In U.S. And Chinese Courts, Jian Zhou
Washington International Law Journal
The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards has been praised as one of the most efficient and powerful multilateral legal instruments in promoting international commercial arbitration. The implementation of the Convention, however, depends heavily on the domestic legal mechanisms of contracting states. By strategically adjusting its scope, local courts may expand or limit the benefits of the Convention in a significant way. The comparison between the practices of United States and Chinese courts present two extreme examples of this scope issue. There is considerable room to improve the domestic implementation of the Convention in …
Cnooc-Unocal And The Wto: Discriminatory Rules In The China Protocol Are A Latent Threat To The Rule Of Law In The Dispute Settlement Understanding, Thomas P. Holt
Washington International Law Journal
In the summer of 2005, the Chinese state-owned oil company CNOOC, Ltd. (“CNOOC”) attempted to purchase American-owned Unocal Corporation on very favorable terms. There was a serious problem with the merger, however—the U.S. Congress was not about to let the People’s Republic of China (“China”) buy up an American company, no matter how much it was willing to pay. Following a period of increasingly heated rhetoric about the deal, the U.S. Congressman representing competitor Chevron Corporation’s home district inserted a provision in the Energy Policy Act of 2005 that was intended to, and did, scuttle the deal. The U.S. Congress’ …
To Charge Or Not To Charge, That Is Discretion: The Problem Of Prosecutorial Discretion In Chile, And Japan's Solution, Kirtland C. Marsh
To Charge Or Not To Charge, That Is Discretion: The Problem Of Prosecutorial Discretion In Chile, And Japan's Solution, Kirtland C. Marsh
Washington International Law Journal
Chile’s recent criminal procedure reform is an ambitious program to bring greater transparency, fairness, and effectiveness to the country’s legal system. However, the success of the reform is not assured. To a great extent, the reform’s success will depend on the new national Office of the Public Prosecutor’s ability to enforce laws and direct law enforcement within the confines of the new system. Prosecutors must balance the interests of the Chilean public’s demands for order and convictions with the reform’s underlying principles of impartiality and enhanced rights for defendants. If prosecutors resort to the excesses used by investigating judges under …
China International Economic Trade Arbitration Commission In 2006: New Rules, Same Results?, Benjamin O. Kostrzewa
China International Economic Trade Arbitration Commission In 2006: New Rules, Same Results?, Benjamin O. Kostrzewa
Washington International Law Journal
In May of 2005, the China International Economic Trade Arbitration Commission (“CIETAC”) was updated with new rules designed to bring it into conformity with international arbitration standards. The rules were the most recent efforts by the Chinese government to provide foreign companies with an alternative to the Chinese judiciary, which is often considered parochial, unsophisticated, and unable to handle modern business conflicts. The new rules cure many of the problems associated with arbitration in China and have created a predominantly fair and professional dispute resolution forum. Currently, CIETAC suffers more from award collection problems rather than problems in its rules …
Korean Environmental Regulations: Ready To Take On One Of The World's Largest Private Real Estate Development Projects?, Joon H. Kim
Washington International Law Journal
The South Korean government designated three new Free Economic Zones in an effort to become the financial and logistical hub of Northeast Asia. One of these zones, the Incheon Free Economic Zone (“IFEZ”), will encompass 209 square kilometers of completely new development on reclaimed land and is said to be the biggest real estate development project currently in the world. China started using economic zones much earlier in history and although China experienced economic benefits, it also experienced severe environmental degradation in its highly successful special economic zones. Similarly tremendous economic growth will result from the influx of foreign direct …
Trading The People's Homes For The People's Olympics: The Property Regime In China, Theresa H. Wang
Trading The People's Homes For The People's Olympics: The Property Regime In China, Theresa H. Wang
Washington International Law Journal
China is under increasing international scrutiny as the country’s economic growth launches the previously isolated nation onto the world stage. As the national wealth increases at a record rate, the government is constantly modifying strategies to ensure its economic stability. In response to this nearly unmanageable growth, entire Chinese cities are remodeled and progressively more privatized, while urban dwellers are evicted from their homes in the name of economic development. These urban land acquisitions often occur with little or no compensation, while private developers reap the economic benefits. These policies follow a pattern of development replayed throughout history, notably in …
Genetically Modified Crops In The Philippines: Can Existing Biosafety Regulations Adequately Protect The Environment?, Christina L. Richmond
Genetically Modified Crops In The Philippines: Can Existing Biosafety Regulations Adequately Protect The Environment?, Christina L. Richmond
Washington International Law Journal
Global concern persists about the use of genetically modified crops (“GM crops”). This concern originates from the divergent perspectives of nations with a stake in either the production or consumption of GM crops. Proponents of GM crops in developing countries claim that the crops could increase food supply by improving plant resistance to pesticides, thereby alleviating the need for farmers to purchase chemicals that are frequently expensive or unavailable. However, many organizations and countries are hesitant or outright opposed to GM crops, particularly regarding their potentially undesirable ecological and agricultural consequences. As one of the first Asian nations to approve …
The President Refuses To Cohabit: Semi-Presidentialism In Taiwan, Thomas Weishing Huang
The President Refuses To Cohabit: Semi-Presidentialism In Taiwan, Thomas Weishing Huang
Washington International Law Journal
French constitutional practices suggest that cohabitation between the president and the prime minister, where the latter is the leader of the opposition majority in parliament, creates a workable governmental relationship. Taiwan’s constitutional practice indicates, however, that a minority government, although it does not command the majority in parliament, may nevertheless survive if the system of semipresidentialism is flawed. Instead of having the flexibility to change the government whenever it loses the confidence of parliament, minority governments under semipresidentialism in Taiwan exhibit all the rigidity created by gridlock between the executive and the legislature. This gridlock is caused by fixed terms …
It's All The Rage: Popular Uprisings And Philippine Democracy, Dante B. Gatmaytan
It's All The Rage: Popular Uprisings And Philippine Democracy, Dante B. Gatmaytan
Washington International Law Journal
Massive peaceful demonstrations ended the authoritarian regime of Ferdinand Marcos in the Philippines twenty years ago. The “people power” uprising was called a democratic revolution and inspired hopes that it would lead to the consolidation of democracy in the Philippines. When popular uprisings were later used to remove or threaten other leaders, people power was criticized as an assault on democratic institutions and was interpreted as a sign of the political immaturity of Filipinos. The literature on people power is presently marked by disagreement as to whether all popular uprisings should be considered part of the people power tradition. The …
The Current State Of Equity Investments By Foreign Funds [In South Korea] And Related Legal Issues, Hee Chul Kang, Eugene Kim
The Current State Of Equity Investments By Foreign Funds [In South Korea] And Related Legal Issues, Hee Chul Kang, Eugene Kim
Washington International Law Journal
On September 15, 2004, the South Korean press gave extensive news coverage to a series of private individual “Question & Answer” session meetings which the Capital Group Companies Fund (“Capital Group”) held with many of the top chief executive officers (“CEOs”) of major Korean corporations. Known worldwide as a top U.S. private equity management company, the Capital Group is currently the largest institutional investor in South Korea. As a major shareholder of large corporations such as Samsung Electronics, the Shin Han Financial Group, SK Group, and Hyundai Motors, the U.S. investment firm invited their CEOs to address questions and seek …
Aids Prevention And The Right To Health Under International Law: Burma As The Hard Case, Rhianna M. Fronapfel
Aids Prevention And The Right To Health Under International Law: Burma As The Hard Case, Rhianna M. Fronapfel
Washington International Law Journal
Many commentators suggest that states have a human rights obligation to prevent the spread of HIV/AIDS within their borders. Specifically, state HIV/AIDS prevention obligations are often premised on the “right to health” contained within many international human rights documents. Other approaches encourage states to implement AIDS prevention measures by emphasizing the detrimental effects of AIDS on economies and national and international security instead. Many commentators who adhere to the health-and-human-rights model, however, reject such other approaches as overly concerned with the interests of developed countries and lacking the ethical focus that underlies health and human rights. Implicit in such arguments …
Legal Market Liberalization In South Korea: Preparations For Change, Hyung Tae Kim
Legal Market Liberalization In South Korea: Preparations For Change, Hyung Tae Kim
Washington International Law Journal
South Korea’s World Trade Organization membership requires the “Land of the Morning Calm” to liberalize its legal market. South Korea submitted its proposal for liberalization in the spring of 2003 and planned to begin opening its legal market in 2005. However, disagreements between South Korea and other World Trade Organization members over the scope of liberalization have led to a one-year negotiation period extension, pushing back the planned market opening to early 2007. The Korean Bar Association has strongly opposed liberalization, claiming that liberalization will lead to the foreign domination of South Korea’s legal market. On the other hand, most …
Australia's "New Arrangements In Indigenous Affairs": A New Approach Or A New Paternalism?, Joshua M. Piper
Australia's "New Arrangements In Indigenous Affairs": A New Approach Or A New Paternalism?, Joshua M. Piper
Washington International Law Journal
The Aboriginal and Torres Strait Islander Commission (“ATSIC”) opened its doors in 1990 with the main objectives of advising the Australian Commonwealth Government (“Government”) on Indigenous policy and providing services for Indigenous communities and individuals. Fifteen years later, with Indigenous living standards still well behind other Australians, the Government deemed ATSIC a failure and abruptly gutted and abolished the Commission. At the same time, the government transitioned to its New Arrangements in Indigenous Affairs program (“New Arrangements”). The New Arrangements are based on two fundamental ideas: better coordination between governments and agencies; and, most important, engaging and empowering Indigenous communities …
Creating A System For Citizen Participation: How The Nonprofit Sector Can Provide Citizens A Voice In Tokyo's Urban Development System, Nicolas J. Vikstrom
Creating A System For Citizen Participation: How The Nonprofit Sector Can Provide Citizens A Voice In Tokyo's Urban Development System, Nicolas J. Vikstrom
Washington International Law Journal
Recent changes in Japan’s civil society together with the current political and economic environment have created the first opportunity to develop a viable nonprofit sector that represents citizen interests and allows for public participation in Tokyo’s urban development scheme. Tokyo’s urban environment has failed to meet the social and cultural needs of its citizens due to unprecedented economic and industrial growth from the beginning of the Meiji era until the 1990s. Through this extended period of growth, the goal for urban development was solely to increase Tokyo’s economic strength, while social needs were not addressed. While the City Planning Law …
Form Over Substance: The Inadequacy Of Informed Consent And Ethical Review For Thai Injection Drug Users Enrolled In Hiv Vaccine Trials, Joan M. Doherty
Form Over Substance: The Inadequacy Of Informed Consent And Ethical Review For Thai Injection Drug Users Enrolled In Hiv Vaccine Trials, Joan M. Doherty
Washington International Law Journal
Acquired Immune Deficiency Syndrome (“AIDS”) has emerged as a health issue of global significance, and clinical research on Human Immunodeficiency Virus (“HIV”) and AIDS has become increasingly international in scope. A clinical trial of a vaccine designed to prevent the spread of the HIV raises important legal and ethical questions because injection drug users who were believed to be unsuitable subjects for study in the United States were singled out for research in Thailand. The protections for human subjects must not be compromised when U.S. pharmaceutical companies conduct research abroad, particularly where clinical trials are conducted in vulnerable populations. U.S. …
The Use Of Tandem Mass Spectrometry In Newborn Screening: Australia's Experience And Its Implications For United States Policy, Lauren E. Fisher
The Use Of Tandem Mass Spectrometry In Newborn Screening: Australia's Experience And Its Implications For United States Policy, Lauren E. Fisher
Washington International Law Journal
In recent years, the United States has drastically increased the number of disorders screened through its newborn screening programs. This increase is made possible by the adoption of new a technology, the tandem mass spectrometer (“MS/MS”), which allows screening of up to thirty disorders from a single drop of a newborn’s blood. However, such rapid expansion of screening raises concerns regarding the purpose of the screening, as well as the current practices in place for obtaining informed consent. Similar expansion in Australia provides a model of one approach to address these difficult questions. As the first country to begin using …
Australian Insolvency Law And The 1992 Isda Master Agreement—Catalyst, Reaction, And Solution, Christopher J. Mertens
Australian Insolvency Law And The 1992 Isda Master Agreement—Catalyst, Reaction, And Solution, Christopher J. Mertens
Washington International Law Journal
The reverberations of Enron’s financial collapse were heard on an international scale. Indeed, Enron Australia’s liquidation set off a flood of concern and speculation about the International Swaps and Derivatives Association’s (“ISDA”) model documentation for derivative transactions. A December 2003 opinion of the Supreme Court of New South Wales exposed a flaw in the ISDA 1992 Master Agreement. Two provisions of the agreement operate in tandem, creating a result which operates contrary to the clear meaning of the terms. This volatile interaction of the provisions effectively shifts the risk from the parties to the swap contract to the creditors of …
Using International Law More Effectively To Secure And Advance Indigenous Peoples' Rights: Towards Enforcement In U.S. And Australian Domestic Courts, John D. Smelcer
Using International Law More Effectively To Secure And Advance Indigenous Peoples' Rights: Towards Enforcement In U.S. And Australian Domestic Courts, John D. Smelcer
Washington International Law Journal
Over the past three decades, indigenous peoples have effected a remarkable redefinition of their status and rights under international law, giving rise to an emerging distinct customary international law of indigenous peoples’ rights. Though that process is ongoing, the next critical step is enforcing these congealing rights “at home” in the domestic courts of indigenous peoples’ surrounding nations. Australia and the United States provide the most difficult and most revealing contexts in which to explore the possibilities and limitations of this necessary next step. The direct enforcement of the emerging customary international law of indigenous peoples’ rights is not yet …
Restoration Constitutionalism In The South Pacific, Venkat Iyer
Restoration Constitutionalism In The South Pacific, Venkat Iyer
Washington International Law Journal
The dilemmas confronting societies which move from a period of authoritarian rule to liberal democracy have increasingly engaged the attention of academic experts and policy-makers alike. One issue which has received comparatively less notice, however, is the phenomenon of “restoration constitutionalism,” i.e. the process by which the transitional society is sought to be returned to the constitutional order that predated the authoritarian rule. Recent events in Fiji offer a good example of how this process works in practice. This article looks at the relationship between constitutionalism and transitional regimes, and argues that, where the “rupture” in a constitutional order is …
Prospects For Citizen Participation In Criminal Trials In Japan, Colin P.A. Jones
Prospects For Citizen Participation In Criminal Trials In Japan, Colin P.A. Jones
Washington International Law Journal
A review of The Lay Judge System, by Takashi Maruta (2004).