Comparative and Foreign Law Commons^™

Employee Rights In The European Community: A Panorama From The 1974 Social Action Program To The Social Charter Of 1989, Roger J. Goebel

UC Law SF International Law Review

Social policy is one of the most important areas of European Community action. The EEC Treaty specifically mentions social goals and the European Court of Justice recognizes the social as well as economic aims of the unification process. Traditionally, social legislation has been adopted pursuant to article 100 of the EEC Treaty with its generic grant of power to harmonize laws in order to achieve the common market-with article 119 serving as authority for legislation implementing equal pay for men and women. The Social Action Program adopted by the Council of Ministers in 1974 provided much needed political endorsement for …

Going To England: Irish Abortion Law And The European Commnuity, David Cole

UC Law SF International Law Review

Until recently, Ireland outlawed abortion altogether, subject only to the defense of strict necessity. However, Ireland may now be bringing its abortion policies into line with the more liberal policies of the majority of other European nations, most of which permit abortion. This Article explores the recent changes in Ireland's attitude toward abortion. In particular, this Article examines the interplay of European and domestic Irish forces in the struggle for reproductive rights in Ireland from 1983, the year Ireland adopted a constitutional amendment guaranteeing the right to life of the unborn, to the present. The author proposes that the impetus …

Chinese Asylum Applications Under U.S. Immigration Policy: Firm Resettlement In Hong Kong, Frannie S. Mok

UC Law SF International Law Review

The U.S. Immigration and Naturalization Service (INS) possesses a wide range of discretionary powers in determining whether to grant political asylum to aliens that enter the United States. One of the factors used in exercising discretion is determining whether an alien has been "firmly resettled" in a third country before applying for asylum in the United States. This Note focuses on the problems with using "firm resettlement" as a discretionary device in denying asylum to Chinese aliens who temporarily stayed in Hong Kong before arriving in the United States. The Note argues that current immigration laws that permit INS officials …

The Coming Of Europe, Stefan A. Risenfeld

UC Law SF International Law Review

No abstract provided.

Environmental Rights In The European Community, Dinah L. Shelton

UC Law SF International Law Review

No abstract provided.

The Broadcasting Activities Of The European Community And Their Implications For National Broadcasting Systems In Europe, Wolfgang Hoffman-Reim

UC Law SF International Law Review

No abstract provided.

United Nations Conference On Environment And Development: An Opportunity To Forge A New Unity In The Work Of The World Bank Among Human Rights, The Environment, And Sustainable Development, Brian B. A. Mcallister

UC Law SF International Law Review

No abstract provided.

Harmonization Enforcement: The Reality Behind The Panacea, 26 J. Marshall L. Rev. 593 (1993), W. David Westergard

UIC Law Review

No abstract provided.

Issue Preclusion - Recognizing Foreign Judgments In United States Patent Infringement Suits: A New Approach, 26 J. Marshall L. Rev. 627 (1993), James P. Muraff

UIC Law Review

No abstract provided.

Books Received, Michigan Journal Of International Law

Michigan Journal of International Law

List of books received by the Journal.

Participation And Litigation Rights Of Environmental Associations In Europe: Current Legal Situation And Practical Experience, David A. Wirth

Michigan Journal of International Law

Review of the book edited by Martin Führ and Gerhard Roller.

Business Buy Outs And International Regulation, Keizo Sakata

UC Law SF International Law Review

Although business buy-outs have traditionally been disfavored in Japan, recently Japanese businesses have begun to recognize the numerous benefits business buy-outs offer. The number of Japanese corporations purchasing foreign businesses has dramatically increased in recent years. Business buy-outs, however, pose numerous problems for both the purchasing company and the company being purchased. The author argues that government regulation of business buy-outs should be increased to minimize the problems which may result from such business activity.

Radioactive Waste And Euratom: Towards A More Effective Regime Of Regulation, Samuel B. Angus

UC Law SF International Law Review

The accumulation of radioactive waste is increasingly becoming a world environmental crisis. Radioactive waste poses a special problem to the countries of the European Community. Europe has committed itself to nuclear power and has become one of the world's largest producers of nuclear energy. Moreover, with the 1992 unification of the European Community, nuclear energy output will increase, resulting in a growing production of radioactive waste. Within the European Community, the disposal of radioactive waste is governed by the Euratom Treaty. However, its effectiveness is sharply limited. Individual Member-states retain significant discretion under the Treaty to direct their nuclear energy …

Avoiding Elective Dictatorship In The United Kingdom: Debate On Constitutional And Electoral Reform Through Proportional Representation, John A. Zecca

UC Law SF International Law Review

Constitutional debate in the United Kingdom is focusing on whether the electoral system fairly represents the population. This Note examines the unwritten British Constitution that gives politicians complete control over the country's electoral system. The Note argues that political self-interest has led to current first-past-the-post electoral system that ignores the will of a diverse electorate by polarizing government. The Note then examines alternate electoral systems that use proportional representation to ensure the election of third party candidates. The Note concludes by recommending adoption of an electoral system that incorporates diversity while remaining true to the constitutional heritage of the United …

Canadian Rape Shield Statutes, Mary A. Wagner

UC Law SF International Law Review

No abstract provided.

Extraterritorial Jurisdiction--Environmental Muscle For The North American Free Trade Agreement, Richard Vaznaugh

UC Law SF International Law Review

Critics of the North American Free Trade Agreement (NAFTA) have often focused on Mexico's lack of regulatory enforcement of environmental protection laws. These critics fear that the passage of NAFTA will cause many industries to flock to the Mexican side of the border. These industries will degrade the local environment in the border region and drive U.S. firms complying with our more burdensome (and hence costly) environmental regulations out of business. This Note proposes as a solution to this problem, applying extraterritorial jurisdiction by U.S. courts over environmental claims arising in Mexico. Congress could, by statute, abolish forum non conveniens …

Subsidiarity And The European Community, George Bermann

Faculty Scholarship

The notion of subsidiarity in European federalism labors from all manner of burdens. It seems elusive by nature, commentators claiming that they do not know what subsidiarity means or, if they do, that they do not see in it anything new. At the same time subsidiarity has been presented at least in some quarters as a panacea for the Community's current malaise. It clearly is not that. Even if subsidiarity has not been oversold, it is almost certainly overexposed, a condition that the present Article is unlikely to cure.

My purpose in this Article is simply to help make some …

Some Comparative Remarks About The Efficacy Of International And Constitutional Law, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.

The French Référé Procedure - A Legal Miracle?, Wallace R. Baker, Patrick De Fontbressin

University of Miami International and Comparative Law Review

No abstract provided.

The Association Agreement Between The Republic Of Poland And The European Community: An Economic And Political Analysis, Ania M. Frankowska-Budzen

University of Miami International and Comparative Law Review

No abstract provided.

Harmonization Of Indirect Taxation And The Creation Of The Internal Market, Till Müller-Ibold

University of Miami International and Comparative Law Review

No abstract provided.

Resolving Commercial Disputes In China: Foreign Firms And The Role Of Contract Law, Roy F. Grow

Northwestern Journal of International Law & Business

It is not my intention to explicate China's Foreign Economic Contract Law (FECL), the Joint Venture Law (JVL), or the Foreign Enterprise Income Tax Law (FEITL). The analysis of these codes has been done in great detail by others.' Instead, I will examine the actual behavior of the most important actors governed by this set of laws-the Chinese and foreign enterprises that work with one another and which must find ways to resolve their competing claims. In this study, I will examine the tension between Chinese and foreign firms by focusing on several specific and limited questions having to do …

Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt

Northwestern Journal of International Law & Business

Should companies invest at all in countries, like China, where severe human rights abuses are pervasive? If they do invest, should they restrict their operations to areas of the country that have a comparatively good human rights record? Are there basic principles that transnational companies should observe to ensure, at a minimum, that they do not become complicit in a host government's abrogation of universally-recognized human rights? Should such principles be enforced by Executive or congressional fiat, or should companies take primary responsibility for policing themselves? How can companies that wish to factor human rights considerations into their business decisions …

European Integration: Beyond 1992, Lloyd Bonfield

Articles & Chapters

No abstract provided.

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

A License To Mislead: United States V. Abello-Silva, Mark S. Weinstein

University of Miami Inter-American Law Review

No abstract provided.

Inter-American Bar Association: Resolutions Of The Xxix Conference

University of Miami Inter-American Law Review

No abstract provided.

Assessing Universal Access To Health Care: An Analysis Of Legal Principle And Economic Feasibility, Carlo V. Diflorio

Penn State International Law Review (1982 - 2011)

No abstract provided.

Economic Development In Ravaged Haiti: Is Democracy Really The Answer?, Barbara L. Bernier

Penn State International Law Review (1982 - 2011)

No abstract provided.

Swedish Parental Leave Policy And Its Lessons To The U.S., Jon Kosich

Penn State International Law Review (1982 - 2011)

No abstract provided.