Comparative and Foreign Law Commons^™

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.

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 …

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.

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.

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 …

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.

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.

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 …

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 …

The Human Right To Development: Its Meaning And Importance, 25 J. Marshall L. Rev. 235 (1992), James C.N. Paul

UIC Law Review

No abstract provided.

Predatory Pricing: The Evolution Of Judicial Standards In The United States And The European Economic Community, Nelsonya Causby

UC Law SF International Law Review

Predatory pricing occurs when a firm lowers its prices so that its competitors will lose business. When the competition leaves the market, the predatory firm can raise its prices beyond the levels of a competitive market. Predatory pricing is a violation of the antitrust laws of both the United States and the EC. This Note examines the standards used to determine whether a firm is engaged in predatory pricing in the U.S. and the EC. The author criticizes the approach taken by the U.S. Supreme Court and recommends the adoption of the EC standard.

Criminalizing The Sexual Transmission Of Hiv: An International Analysis, Thomas W. Tierney

UC Law SF International Law Review

Public health authorities and legislators are concerned that HIV infected individuals may deliberately engage in behavior that exposes others to the virus. Some feel that governments should impose criminal sanctions against such individuals. This Note compares criminal laws relating to HIV transmission in the United States, Great Britain, Australia, and New Zealand. The author concludes that the traditional criminal approach is inappropriate for dealing with conduct capable of transmitting HIV. Finally, the Note proposes elements for a special HIV-specific criminal statute that takes into account the unique characteristics of this disease.

United Nations Convention On The Rights Of The Child: Will It Help Children In The United States, Elizabeth M. Calciano

UC Law SF International Law Review

The United Nations Convention on the Rights of the Child (UNCRC) provides a comprehensive list of children's rights. While 139 countries have signed the UNCRC, signalling their intent to ratify, the United States has not yet done so. This Note examines the question of whether ratification of the UNCRC would help U.S. children. After exploring the plight of children in the United States and the potential uses of the UNCRC in U.S. courts, the Note concludes that ratification would benefit American children whose rights are litigated in U.S. courts.

The Comparative Law Of Flag Desecration: The United States And The Federal Republic Of Germany, Peter E. Quint

UC Law SF International Law Review

Cases on political speech in different constitutional systems may illuminate important presuppositions of those systems. Pursuing this theme, this Article compares decisions on flag desecration in the United States and the Federal Republic of Germany. In the United States, where protection aginst seditious libel has been rejected as a legitimate governmental interest, arguments for penalizing flag desecration must assert implausible governmental interests. In contrast, the German Constitutional Court frankly acknowledges that the state may sometimes penalize flag desecration to avoid the impairment of governmental authority. In conclusion the author questions whether the German doctrine, which may have been justifiable in …

The Yugoslavian Civil War: An Analysis Of The Applicability Of The Laws Of War Governing Non-International Armed Conflicts In The Modern World, Charles Lewis Nier Iii

Penn State International Law Review (1982 - 2011)

No abstract provided.

Basle Committee International Capital Adequacy Standards: Analysis And Implications For The Banking Industry, Duncan E. Alford

Penn State International Law Review (1982 - 2011)

No abstract provided.

Offenders Abroad: The Case For Nationality-Based Criminal Jurisdiction, Geoffrey R. Watson

Scholarly Articles

When a host state does not prosecute a U.S. national who commits a violent crime abroad, the United States does not exercise jurisdiction. Should the United States eschew nationality jurisdiction, when it may provide the only basis for prosecution? Part II of this article traces the evolution of nationalitybased criminal jurisdiction in U.S. law and asserts that the United States has in fact embraced such jurisdiction in the past, usually to ensure that U.S. offenders abroad were tried by U.S. courts rather than foreign tribunals. Part III examines the current U.S. jurisdictional scheme, which relies on foreign states to prosecute …

Institutional Reform In Eastern Europe: Evolution Or Design?, Roman Frydman, Andrzej Rapaczynski

Faculty Scholarship

Most recent studies of privatization in Eastern Europe focus on its impact on individual enterprises. In our previous work, we examined this issue from the viewpoint of the future corporate governance structure in Eastern Europe. The aggregate effects of privatization have been largely neglected, perhaps on the assumption that they have no particular bearing on how privatization is to be effected at the enterprise level. It is very important, however, to link the discussion of the various approaches to large-scale privatization with a consideration of other obstacles in the transition to a market economy. These obstacles, which include the weakness …

The Author In Copyright: Notes For The Literary Critic, Monroe E. Price, Malla Pollack

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Tale Of Two Trusts: The Problems Of Foreign Spouses Who Inherit Pension Benefits, Gail B. Cooperman

University of Miami Inter-American Law Review

No abstract provided.

Abortion Law Reform: The Nexus Between Abortion And The Role Of Women In The German Democratic Republic And The Federal Republic Of Germany, Elizabeth J. Kapo

Penn State International Law Review (1982 - 2011)

No abstract provided.

British Resistance To European Integration: An Historical And Legal Analysis With An Examination Of The United Kingdom's Recent Entry Into The European Monetary System, Allen Neely

Penn State International Law Review (1982 - 2011)

No abstract provided.

An Historic Convergence Of Civil And Common Law Systems-Italy's New "Adversarial" Criminal Procedure System, Louis F. Del Duca

Penn State International Law Review (1982 - 2011)

No abstract provided.

A Comparison Of Guilty Plea Procedure In The United States And Germany, Helen A. Haglich

Penn State International Law Review (1982 - 2011)

No abstract provided.

Bridging The Gap In Eastern Europe: Forty Years Of Communist Indifference And The New Environmental Realities In Poland, Kenneth J. Serafin

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Future Of Customary Law In Namibia: A Call For An Integration Model, Lynn Berat

UC Law SF International Law Review

The Namibian Constitution is, in many ways, a model for the world. Among the human rights it guarantees is the right to culture. There is support for the proposition that this includes the right to use customary law. The relationship between customary and national law is a difficult issue. This Article explores the options available to the Namibian Government as it attempts to balance the needs and desires of the people with the need for uniform laws. The author examines the treatment of customary law elsewhere in Africa, particularly Swaziland, Lesotho, and Botswana. The author concludes that while unification of …

Of Czechoslovakia And Ourselves: Essential Legal Supports For A Free Market Economy, Richard S. Gruner

UC Law SF International Law Review

The new Czechoslovak Government is in the process of dramatically revising that country's commercial and property laws in order to revitalize their economy and encourage foreign investment. This Article examines the initial steps toward legal reform, as well as the Government's future plans. Specifically, the author addresses the reforms of commercial and corporations law and the Government's plans for further privatization. The author concludes with the suggestion that an active and independent Czechoslovak judiciary will play a vital role in economic reform by reassuring foreign investors that the Government will not undercut the new laws for political reasons.

Obscured Visions: Policy, Power, And Discretion In Transnational Discovery, David J. Gerber

All Faculty Scholarship

This Essay addresses issues involving the discovery of information located outside the United States. Specifically, it deals with some of the problems created by the lack of appropriate limits on United States discovery procedures. Professor Gerber first analyzes the extent of judicial discretion in the United States in matters concerning extraterritorial discovery. The analysis encompasses the underlying legal bases for the exercise of discretion as well as the political and institutional factors that influence the uses of discretion.

Next, the Essay focuses on the international consequences of the virtually unlimited discretion courts in the United States exercise in discovery matter. …

The Securities Tax System In Japan: Historical Background And Present Trends, Masana Hasegawa

UC Law SF International Law Review

Japan's securities market, as an international capital market, contributes to the economy of other nations. The author describes how interest, dividends, and transfers of securities are taxed in Japan and argues that the securities taxation system should be modified to encourage Japanese and overseas investors to continue contributing to global economic development through investment in the Japanese securities market. In this Article, the author explores the development of the Japanese securities taxation system and analyzes proposed revisions to the current system.

Recent Developments And Future Perspectives Of The Tokyo Market, Minoru Nagaoka

UC Law SF International Law Review

Recent economic growth has fostered a great amount of international trading on the Tokyo Stock exchange, the opening of the exchange to foreign brokers, and a greater diversity of traded products. Yet problems remain to be resolved for the future health of the Tokyo market. These include a recent decline in the Tokyo equity market, the handling of index arbitrage trading, a lack of operational capacity and liquidity, and the maintenance of fairness and transparency of the market. The Author addresses these concerns and discusses what programs may be implemented to increase investor confidence.