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Articles 5101 - 5130 of 5724

Full-Text Articles in Comparative and Foreign Law

Can You Bank On It? Italy's Response To The Second Banking Directive Of The European Community, Jeffrey A. Orr Mar 1992

Can You Bank On It? Italy's Response To The Second Banking Directive Of The European Community, Jeffrey A. Orr

BYU Law Review

No abstract provided.

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Defamation In Hong Kong And The People's Republic Of China: Potential Perils Of Two Standards Of Free Speech, Melissa K. Bauman Jan 1992

Defamation In Hong Kong And The People's Republic Of China: Potential Perils Of Two Standards Of Free Speech, Melissa K. Bauman

UC Law SF International Law Review

Britain will return sovereignty over Hong Kong to the People's Republic of China (PRC) in 1997. Britain and the PRC have agreed that Hong Kong law will remain in effect until at least 2047. Using defamation law as an example, this Note explains why this agreement actually offers little protection or reassurance to the people of Hong Kong. Hong Kong law as written and Hong Kong law as enforced by the British differ greatly. Recently actions of the PRC government, particularly the Tienamen Square Massacre, suggest that the PRC is likely to enforce the laws in their stricter, written form. …

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Disappearances In Honduras: The Need For Direct Victim Representation In Human Rights Litigation, Claudio Grossman Jan 1992

Disappearances In Honduras: The Need For Direct Victim Representation In Human Rights Litigation, Claudio Grossman

UC Law SF International Law Review

In two landmark decisions, the Inter-American Court of Human Rights recently found that the Government of Honduras was responsible for the politically-motivated kidnappings and murders of two Honduran nationals. This Article examines these decisions and evaluates the advisory role given the victims' lawyers in the proceedings. The author argues that such indirect participation by the victims and their families is unsatisfactory. The Article concludes that the international system for investigating and punishing human rights abuses would benefit from direct representation of the victims.

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Dual Nationality In France And The United States, Simone Tan Jan 1992

Dual Nationality In France And The United States, Simone Tan

UC Law SF International Law Review

As society becomes increasingly global, more and more Americans are living abroad. As a result, dual nationality is increasingly common. This Note argues that the United States should adopt legislation making it easier for Americans living abroad to pass their citizenship on to their children. The author uses France's experience with its dual nationals as an example for the United States of how this situation can be handled effectively. The Note argues that by drawing on the principles of the French solution, the United States could keep the goodwill and tax dollars of its citizens living abroad.

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Trade, Environment, And Sustainable Development: A Primer, Robert Housman, Durwood Zaelke Jan 1992

Trade, Environment, And Sustainable Development: A Primer, Robert Housman, Durwood Zaelke

UC Law SF International Law Review

Free trade policy and environmental policy are often at odds. Experts on both sides, however, are beginning to realize that sustainable development is the best hope for long-term international economic prosperity. Given the environmental crisis the world is facing, both sides must work to reconcile the legal relationship between trade agreements and environmental agreements if sustainable development is to be achieved and maintained. Accordingly, this Article surveys trade agreements, including the General Agreement on Tariffs and Trade, and environmental agreements for possible conflicts. The Article concludes with a brief discussion of options for reducing or eliminating such conflicts.

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Idea-Systems In Law: Nineteenth-Century German Experience, David J. Gerber Jan 1992

Idea-Systems In Law: Nineteenth-Century German Experience, David J. Gerber

All Faculty Scholarship

No abstract provided.

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Integration, Disintegration And The Protection Of Competition: Of Myths, Stories And Images, David J. Gerber Jan 1992

Integration, Disintegration And The Protection Of Competition: Of Myths, Stories And Images, David J. Gerber

All Faculty Scholarship

No abstract provided.

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An Emerging Framework For Greater Foreign Participation In The Economies Of Hungary And Poland, Steven A. Velkei Jan 1992

An Emerging Framework For Greater Foreign Participation In The Economies Of Hungary And Poland, Steven A. Velkei

UC Law SF International Law Review

Hungary and Poland are currently in the midst of shifting their economies from state control to free market capitalism. This transition requires massive changes in legislation. The governments of Hungary and Poland hope their new laws will facilitate and encourage the entry of foreign capital. This Note examines new legislation in these countries, particularly as it relates to foreign investment and ownership. The Note concludes with suggestions for legal reform which can be applied to all the countries of Eastern Europe.

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Foreign Investment Promotion: Thailand As A Model For Economic Development In Vietnam, Camellia Ngo Jan 1992

Foreign Investment Promotion: Thailand As A Model For Economic Development In Vietnam, Camellia Ngo

UC Law SF International Law Review

The investment promotion strategy of any nation, as set forth in its investment promotion laws, plays a crucial role in its economic development. Vietnam, rumored to be Southeast Asia's "next Asian Tiger," currently maintains one of the most liberal foreign investment codes of any developing nation. Vietnam currently looks to Thailand as a model for economic development. This note discusses the 1987 Law on Foreign Investment in Vietnam (1987 FIL) and the Investment Promotion Act of Thailand and contrasts the two countries' strategies for developing their economies through enactment of foreign investment promotion legislation. This note concludes that Vietnam's 1987 …

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Neither Fish, Nor Flesh, Nor Good Red Herring Lok Adalats: An Experiment In Informal Dispute Resolution In India, Sarah Leah Whitson Jan 1992

Neither Fish, Nor Flesh, Nor Good Red Herring Lok Adalats: An Experiment In Informal Dispute Resolution In India, Sarah Leah Whitson

UC Law SF International Law Review

In India, attempts to provide speedy and informal resolution of disputes through conciliation and mediation have focused on the institution of the Lok Adalat, which means the "people's courts." The Lok Adalat courts aim at extending access to the judicial system and providing a means of dispute resolution which is sensitive to the variety of indigenous methods. This Article examines the Lok Adalat courts both theoretically and in practice.

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200 Mph Cigarette Ads: A Comparison Of International Restrictions On Tobacco Sports Sponsorship, Randall H. Stoner Jan 1992

200 Mph Cigarette Ads: A Comparison Of International Restrictions On Tobacco Sports Sponsorship, Randall H. Stoner

UC Law SF International Law Review

Since tobacco advertising was banned from United States airwaves in the early 1970s, tobacco companies have searched for alternate ways to bring their products to the attention of the American public. One of the most successful of these has been the sponsorship of sporting activities, particularly motorsports. This Note addresses tobacco company sponsorship of motorsports. Particularly, the Note discusses two bills that have been introduced in the United States Congress and the constitutionality of a complete ban on tobacco company sports sponsorship. The Note then examines the approaches used in Canada, Great Britain, and Australia. The author discusses the possible …

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A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 215 (1992), Louis Henkin Jan 1992

A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 215 (1992), Louis Henkin

UIC Law Review

No abstract provided.

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Civil Rights In The Islamic Constitutional Tradition: Shared Ideals And Divergent Regimes, 25 J. Marshall L. Rev. 267 (1992), Abdullahi Ahmed An-Na' Im Jan 1992

Civil Rights In The Islamic Constitutional Tradition: Shared Ideals And Divergent Regimes, 25 J. Marshall L. Rev. 267 (1992), Abdullahi Ahmed An-Na' Im

UIC Law Review

No abstract provided.

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Overview Of Section 337 Of The Tariff Act Of 1930: A Primer For Practice Before The International Trade Commission, 25 J. Marshall L. Rev. 459 (1992), William L. Lafuze, Patricia F. Stanford Jan 1992

Overview Of Section 337 Of The Tariff Act Of 1930: A Primer For Practice Before The International Trade Commission, 25 J. Marshall L. Rev. 459 (1992), William L. Lafuze, Patricia F. Stanford

UIC Law Review

No abstract provided.

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The Prospects For An International Criminal Court In The 1990s, Joel Cavicchia Jan 1992

The Prospects For An International Criminal Court In The 1990s, Joel Cavicchia

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Eastern Europe's Policy Of Restitution Of Property In The 1990s, Michael L. Neff Jan 1992

Eastern Europe's Policy Of Restitution Of Property In The 1990s, Michael L. Neff

Penn State International Law Review (1982 - 2011)

No abstract provided.

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National Copyright Law V. Community Law: Which Law Is Controlling In Intellectual Property Derivative Market Products?, Lynne Kimberly Law Jan 1992

National Copyright Law V. Community Law: Which Law Is Controlling In Intellectual Property Derivative Market Products?, Lynne Kimberly Law

Penn State International Law Review (1982 - 2011)

No abstract provided.

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The Arab Maghreb Union: Possibilities Of Maghrebine Political And Economic Unity, And Enhanced Trade In The World Community, Robert W. Mckeon Jr. Jan 1992

The Arab Maghreb Union: Possibilities Of Maghrebine Political And Economic Unity, And Enhanced Trade In The World Community, Robert W. Mckeon Jr.

Penn State International Law Review (1982 - 2011)

No abstract provided.

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How Does Europe Regulate Powers Within Its Corporations? What Might The Answer Mean For The U.S.? An Essay And Review Of European Company Laws: A Comparative Approach, Donald C. Jr. Dowling Jan 1992

How Does Europe Regulate Powers Within Its Corporations? What Might The Answer Mean For The U.S.? An Essay And Review Of European Company Laws: A Comparative Approach, Donald C. Jr. Dowling

Northwestern Journal of International Law & Business

European Company Laws: A Comparative Approach is a compilation of ten essays by various authors on the jurisprudence of corporate control within Europe. The book focuses on the company laws within the various member states, somewhat to the exclusion of the emerging EC-level corporate laws. Yet while European Company Laws concerns itself with member states' internal company laws, the book's goal is much loftier than merely compiling the European states' corporate statutes into some sort of practitioners' guide. Rather, European Company Laws attempts to divine jurisprudential truths about the regulation of power within the European company by examining the European …

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Working On Dignity: Ec Initiatives On Sexual Harrassment In The Workplace, Victoria A. Carter Jan 1992

Working On Dignity: Ec Initiatives On Sexual Harrassment In The Workplace, Victoria A. Carter

Northwestern Journal of International Law & Business

This article argues that the [European] Commission should propose legally binding legislation to guarantee all workers, both women and men, protection against sexual harassment in Community workplaces. Section I describes the nature of sexual harassment, the problems it poses in the EC, and the effects of sexual harassment on people and businesses. Section II reviews existing Member State legislation and labor union policies and identifies the inadequacy of these measures to protect EC workers from sexual harassment. Section III describes existing EC legislation on sexual harassment and the equal treatment of women and men in the workplace and identifies the …

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Privacy In German Employment Law, Robert G. Schwartz Jr. Jan 1992

Privacy In German Employment Law, Robert G. Schwartz Jr.

UC Law SF International Law Review

The computer and technological revolutions have made it possible for employers to collect enormous quantities of personal information on their employees. American legislators are only beginning to recognize the potential dangers to employee privacy. Germany, on the other hand, has a long history of protecting employees from the intrusive behavior of their employers. This Article outlines the constitutional and statutory protection afforded German workers. The author particularly examines issues related to gathering and storing personal information, including the results of required medical tests.

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Legal Aspects Of Foreign Investment In Korea, Doo Hwan Kim Jan 1992

Legal Aspects Of Foreign Investment In Korea, Doo Hwan Kim

UC Law SF International Law Review

With the explosion of economic growth in the Pacific Rim, Korea is an increasingly attractive place for foreign investment. This Article introduces foreign investors and attorneys to laws governing foreign investment in Korea. After examining the recent government efforts to encourage foreign investment, the Article analyzes the most important bodies of law governing foreign investment.

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Applying Circular Reasoning To Linear Transactions: Substance Over Form Theory In U.S. And U.K. Tax Law, Karen B. Brown Jan 1992

Applying Circular Reasoning To Linear Transactions: Substance Over Form Theory In U.S. And U.K. Tax Law, Karen B. Brown

UC Law SF International Law Review

This Article examines the treatment of the step-transaction doctrine in the United States and the United Kingdom. The author notes that in transactions not involving a legitimate business motive, both U.S. and U.K. courts will apply a substance over form approach in determining the tax consequences. In any transactions with a non-tax avoidance purpose, however, courts in both countries are reluctant to take the same approach. In those cases, form rules over substance. The author believes this distinction is illogical. This Article proposes that courts take a substance over form approach in all cases, regardless of whether there is a …

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The European Court Of Justice And The U.S. Supreme Court: Parallels In Fundamental Rights Jurisprudence, Steven A. Bibas Jan 1992

The European Court Of Justice And The U.S. Supreme Court: Parallels In Fundamental Rights Jurisprudence, Steven A. Bibas

UC Law SF International Law Review

The European Court of Justice has taken an activist approach to protecting human rights. Most scholars approve of this. However, one scholar, Hjalte Rasmussen, has been sharply critical of the ECJ's activism. This Comment addresses Rasmussen's criticisms and rebuts them. Because Rasmussen compares the ECI and the U.S. Supreme Court, the author discusses the similarities between the two courts and addresses the criticism of U.S. Supreme Court activism by Robert Bork in his book The Tempting of.America. The author ends with an argument in support of a purposive theory of constitutional interpretation.

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U.S. Sugar Policy: Domestic And International Repercussions Of Sour Law, Katherine E. Monahan Jan 1992

U.S. Sugar Policy: Domestic And International Repercussions Of Sour Law, Katherine E. Monahan

UC Law SF International Law Review

This Note examines the U.S. Government's sugar program and the criticism it has received. After outlining the history of the program, the author describes current law and its adverse effect on U.S. consumers. Next, the Note examines how the sugar program undermines U.S. trade and foreign policy goals. The author concludes by recommending that the U.S. express a willingness to change its policy in the current round of GATT negotiations to provide impetus for multilateral reduction of agricultural protectionism.

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Application Of American Land Use And Environmental Planning Techniques To Environmental Recovery In Emerging Economies: Fundamental Foundations From The New World To The Old, Lee R. Epstein, Larry A. Gordon Jan 1992

Application Of American Land Use And Environmental Planning Techniques To Environmental Recovery In Emerging Economies: Fundamental Foundations From The New World To The Old, Lee R. Epstein, Larry A. Gordon

UC Law SF International Law Review

As we move into the twentieth century, environmental problems continue to receive a great deal of international attention and concern. It is recognized that the ongoing degradation of the world's natural resources combined with pollution and other environmental problems threatens the well being of us all. This article begins by exploring a number of regional environmental problems and looks particularly at the decay of the world's urban centers. An examination of the development of the planning process employed modernly in the United States follows. The authors propose that the application of the American land use planning techniques may lessen the …

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Prosecuting Iraqi Gulf War Crimes: Allied And Israeli Rights Under International Law, Louis Rene Beres Jan 1992

Prosecuting Iraqi Gulf War Crimes: Allied And Israeli Rights Under International Law, Louis Rene Beres

UC Law SF International Law Review

Numerous acts committed by Iraq during the Gulf War constitute crimes under international law. This essay explores the foundation and development of international law. The essay concludes that, given the scope and severity of the acts committed, both the United States and Israel would be justified in trying Saddam Hussein and others for war crimes under international law.

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Singapore: A Model Of Urban Environmentalism In Southeast Asia, Brian C. Smith Jan 1992

Singapore: A Model Of Urban Environmentalism In Southeast Asia, Brian C. Smith

UC Law SF International Law Review

Amid a region characterized by urban chaos and environmental neglect, Singapore stands out as an exemplary model of urban environmentalism. Through conscientious planning and comprehensive regulation, Singapore sets the standard for developing nations throughout Southeast Asia and is assuming the role of a regional leader in environmental affairs. Although there are deficiencies with parts of its environmental policy, Singapore is ahead of many of its neighboring countries and offers hope for this environmentally and economically critical region.

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Arbitrating In Thailand, Jahan P. Raissi Jan 1992

Arbitrating In Thailand, Jahan P. Raissi

UC Law SF International Law Review

Thailand has one of the developing world's strongest economies. The growth of the Thai economy has been fueled largely by foreign investment. As foreign investment in Thailand continues, disputes between foreign enterprises and their Thai counterparts are inevitable. One method for resolving these disputes is through arbitration at the new Arbitration Office in The Ministry of Justice. This note examines Thailand's 1987 Arbitration Act, the 1990 Arbitration Rules, and some other factors involved in arbitrating in Thailand. The note concludes that many of the potential advantages of arbitration are lost under the Thai rules and therefore arbitrating in Thailand is …

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International Human Rights Law In United States Courts: A Comparative Perspective, Anne Bayefsky, Joan Fitzpatrick Jan 1992

International Human Rights Law In United States Courts: A Comparative Perspective, Anne Bayefsky, Joan Fitzpatrick

Michigan Journal of International Law

This article will catalogue the various contexts in which United States courts have agreed or refused to follow international human rights law, treating separately the larger number of cases concerning customary norms, the relatively small group of cases relating to human rights treaties, and the cases in which international norms are referenced without regard to their status as binding law. In each of these sections we will analyze areas of confusion, disagreement, or under-development in international legal doctrine that impede the productive use of human rights norms by domestic courts. We will also compare the approaches of United States courts …

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