Comparative and Foreign Law Commons^™

Recognizing Constitutional Rights Of Excludable Aliens: The Ninth Circuit Goes Out On A Limb To Free The Flying Dutchman - Dispensing With A Legal Fiction Creates An Opportunity For Reform, Wendy R. St. Charles

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The North American Free Trade Agreement & Protection Of Intellectual Property: A Converging View, Lori M. Berg

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Antitrust Law In Jamaica: The Fair Competition Act Of 1993, Derrick Mckoy

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Xin-Chang Zhang V. Slattery: An Illustration Of The Need For A Change In The United States' Immigration Laws To Provide Appropriate Consideration Of Asylum Claims By Chinese Nationals Fleeing China's Coercive Population Control, Jason D. Lazarus

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Using Prejudgment Attachments In The European Community And The U.S., Manuel Juan Dominguez

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Codifying Property Law In The Process Of Transition: Some Suggestions From Comparative Law And Economics, Gianmaria Ajani, Ugo Mattei

UC Law SF International Law Review

This Article analyzes the problem of property law reform in former Socialist countries from a comparative law and economics perspective. While traditional classification of former Socialist countries as a homogeneous family can now be questioned on the basis of both past and present legal transplants, they still share sufficiently similar political, economic and institutional backgrounds to justify codification efforts directed towards the entire region.

Codification of property law must be preceded by political choices regarding distribution. In the context of former Socialist countries, such codification takes place in concomitance with the allocation of relevant goods to owners for the first …

Changing Money: Foreign Exchange Reform In The People's Republic Of China, Larry L. Drumm

UC Law SF International Law Review

Completed shortly before the controversial $100 million Lehman Brothers civil lawsuit against two ,Chinese firms over foreign exchange obligations made headlines, this Note provides a detailed overview of the development of PRC's complex foreign exchange system before the time of the suit and includes a full explanation of the 1994 overhaul, its causes and implications.

In succession, the Note explores the history of the system, the problems the foreign exchange system presented to foreign direct investment, the crisis believed to have prompted the 1994 reforms and finally the form and potential impact of the reforms on foreign direct investment and …

Macedonia: Far More Than A Name To Greece, Dean M. Poulakidas

UC Law SF International Law Review

Ever since its independence in 1991, the Former Yugoslav Republic of Macedonia (FYROM) has vigorously advocated for its international recognition as the "Republic of Macedonia." Greece does not oppose the independence of the FYROM, but rather the international recognition of this new republic with its current political objectives. Greece ardently opposes the FYROM's claims to Greece's northern province of Macedonia. While the international media and the FYROM have carelessly classified this dispute as one focused solely on the name "Macedonia," Greece's objections do not end with the new republic's use of the name of Greece's northernmost province. The FYROM's claims …

Symposium Address, George W. Coombe Jr.

UC Law SF International Law Review

No abstract provided.

Combining Conciliation With Arbitration Of International Commercial Disputes, Steven J. Burton

UC Law SF International Law Review

No abstract provided.

Dispute Settlement Under The Cfta And Nafta: From Eleventh-Hour Innovation To Accepted Institution, Harry B. Endsley

UC Law SF International Law Review

No abstract provided.

Fast-Track Arbitration In Europe (With Special Reference To The Wipo Expedited Arbitration Rules), Jan Paulsson

UC Law SF International Law Review

No abstract provided.

Reforming International Institutions To Improve Global Environmental Relations, Agreement, And Treaty Enforcement, Steven M. Anderson

UC Law SF International Law Review

The number of international environmental agreements has increased dramatically over the last several decades. Unfortunately, signed global accords have not always translated into ratified, fully enforced treaties. Several factors contribute to this dilemma including: the constraints of international law, recurring debates between lesser developed countries and their northern neighbors over standard setting and treaty administration, overburdened treaty implementation bodies, and-as evidenced by the U.S. example-domestic politics.

Reforming the current international environmental legal structure can help resolve enforcement difficulties. This Note examines existing international environmental organizations- with particular focus on the Global Environment Facility-and points to procedures and practices which have …

Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

The taking of a bribe or gratuity, should be punished with as severe penalties as the defrauding of the State.

- William Penn'

If all statesmen shared this ideology, there would be no need for this article. However, a glance at current business journals and news agencies shows the great necessity to address global corrupt practices in today's transnational business environment.

Reshaping Trademark Protection In Today's Global Village: Looking Beyond Gatt's Uruguay Round Toward Global Trademark Harmonization And Centralization, Harriet R. Freeman

ILSA Journal of International & Comparative Law

The world has become a "global village" in which the "medium is the message."' A business engaged in international trade uses its trademark' as the medium to convey its message.

Section 301 And The New Two Dispute Settlement Understanding, Susana Hernandez Puente

ILSA Journal of International & Comparative Law

Section 301 of the Trade Act of 1974 (as amended) is the principal United States statute designed to address foreign unfair practices affecting United States exports of goods and services, and to achieve improved intellectual property protection as well as equitable rules for investment abroad

Lender Liability: Civil Liability Regimes For Environmental Harm, John P. Morgan

ILSA Journal of International & Comparative Law

Lenders in the 1990s are increasingly being forced to take notice of environmental risks in their lending practices in both the United States and abroad.

A Woman's Cry For Help: Why The United States Should Apply Germany's Model Of Self-Defense For The Battered Woman, Danielle R. Dubin

ILSA Journal of International & Comparative Law

Domestic violence cuts across all social, economical, and political strata. In the United States a woman is beaten every fifteen seconds in her own home. In 1988, 1075 women were murdered by their spouses

In Pursuit Of Pan Am, Peter Watson

ILSA Journal of International & Comparative Law

It is trite to say that the world is becoming smaller, yet it is true. For all of us who travel for business or pleasure, horizons expand and widen, and as we travel from country to country, and continent to continent, the challenges for lawyers become more complex and demanding. No longer is it sufficient to understand the laws and practice competently within your own jurisdiction, be it the United States or another country.

Proposing A Treaty On The Prevention Of International Corrupt Payments: Cloning The Foreign Corrupt Practices Act Is Not The Answer, Stephen Muffler

ILSA Journal of International & Comparative Law

The taking of a bribe or gratuity, should be punished with as severe penalties as the defrauding of the State.

- William Penn'

If all statesmen shared this ideology, there would be no need for this article. However, a glance at current business journals and news agencies shows the great necessity to address global corrupt practices in today's transnational business environment.

Developing A Global Right To Know, Gary Rischitelli

ILSA Journal of International & Comparative Law

This paper reviews "right-to-know" acts and examines the policy and methods used to implement them. It introduces two of the better known right-to-know schemes, the United States Emergency Planning and Community Right-to-Know Act (EPCRA)' and the European Community's Seveso Directive.

Success And Failure Components Of Global Environmental Cooperation: The Making Of International Environmental Law, Gary L. Scott, Anthony D. Lott, Geoffrey M. Reynolds

ILSA Journal of International & Comparative Law

As this quotation suggests, international environmental problems have taken center stage since the end of the cold war, capturing the attention of scholars and diplomats alike. The number of scholarly articles devoted to the environment, particularly those focusing on international environmental problems, has increased dramatically in the past few years.

Redefining Freedom Of Speech Under International Space Law: The Need For Bilateral Communications Alliances To Resolve The Debate Between The "Free Flow Of Information" And "Prior Consent" Schools Of Thought, Albert N. Delzeit, Robin M. Wahl

ILSA Journal of International & Comparative Law

The International Court of Justice (ICJ) has a dilemma. Imagine the Utopian States' positions a $236 million satellite system in the geosynchronous orbit to broadcast Utopian programming into Atlantis. Atlantis is outraged. Atlantis believes that Utopian programming not only destroys the cultural identity of Atlantis, but also advocates the overthrow of the Atlantian government. Despite protests by Atlantis, the Utopian States assert that international freedom of speech protects the broadcast.

The Efficacy Of International Environmental Law: A Personal Reflection, Francis D. P. Situma

ILSA Journal of International & Comparative Law

Chapter 38 of the Agenda 21' adopted by the United Nations Conference on Environment and Development at Rio de Janeiro in June 1992 emphasizes the need for an enhanced and strengthened role of the United Nations Environment Programme (UNEP) in the further development of international environmental law.

Commercial Agency Law In The European Community For The United States Principal, M. Thomas Lobasz

University of Miami International and Comparative Law Review

No abstract provided.

A Synopsis And Analysis Of U.S. Laws Relating To The Economic Embargo On Cuba, Javier J. Rodriguez, Nicolás J. Gutiérrez Jr., James M. Meyer

University of Miami International and Comparative Law Review

No abstract provided.

The Significance Of Restitution In The Economic Recovery Of Cuba, Robert E. Freer Jr.

University of Miami International and Comparative Law Review

No abstract provided.

China's New Foreign Trade Law: Analysis And Implications For China's Gatt Bid, 28 J. Marshall L. Rev. 495 (1995), Bing Wang

UIC Law Review

No abstract provided.

A Legal And Practical Overview Of Direct Investment And Joint Ventures In The "New" China, 28 J. Marshall L. Rev. 567 (1995), Daniel J. Brink, Xiao Lin Li

UIC Law Review

No abstract provided.

An Overview Of China's Real Estate Law, 28 J. Marshall L. Rev. 593 (1995), Yao Liang Huang, Xie Zhao Hua

UIC Law Review

No abstract provided.