Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

International Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 5161 - 5190 of 5724

Full-Text Articles in Comparative and Foreign Law

Perspectives On Privatization And Plant-Level Industrial Relations: Great Britain In The 1980s, Germany In The 1990s, Andrew J. Ritten Jan 1991

Perspectives On Privatization And Plant-Level Industrial Relations: Great Britain In The 1980s, Germany In The 1990s, Andrew J. Ritten

Northwestern Journal of International Law & Business

This Comment will analyze the changing situation in Germany and offer analogies based on a historical precedent. Though the degree of change was much less revolutionary, Great Britain in the 1980s experienced a period of industrial privatization similar to that which is presently occurring in Germany. The purpose of this Comment is to examine the effects of British privatization on plant-level labor representation and industrial relations and to show how this experience may provide insight into what is likely to happen in Germany during its period of privatization.

Go to article

Jurimetrics: The Meaning And Measurement Of Legal Sovereignty And Domestic Jurisdiction, Bin Cheng Jan 1991

Jurimetrics: The Meaning And Measurement Of Legal Sovereignty And Domestic Jurisdiction, Bin Cheng

University of Miami International and Comparative Law Review

No abstract provided.

Go to article

Foreign Language Trademarks In Japan: The Linguistic Challenge, Rosalynn Frank Jan 1991

Foreign Language Trademarks In Japan: The Linguistic Challenge, Rosalynn Frank

University of Miami International and Comparative Law Review

No abstract provided.

Go to article

Security Markets In The United States And Japan: Distinctive Aspects Molded By Cultural, Social, Economic, And Political Differences, Dan Fenno Henderson Jan 1991

Security Markets In The United States And Japan: Distinctive Aspects Molded By Cultural, Social, Economic, And Political Differences, Dan Fenno Henderson

UC Law SF International Law Review

With the advent of Tokyo as one of the world's leading securities markets, the importance of uniform trade laws has become paramount. The author examines some of the cultural idiosyncrasies of doing business in the United States and Japan which may hinder this goal. He argues that these must be well understood before regulations creating a global market can be implemented.

Go to article

Emerging Issues Associated With Twenty-Four Hour World Securities Trading, Mitsuo Sato Jan 1991

Emerging Issues Associated With Twenty-Four Hour World Securities Trading, Mitsuo Sato

UC Law SF International Law Review

This Article analyzes the possibility of twenty-four hour trading from a market regulator's perspective. The author proposes four alternative patterns on which to base a twenty-four hour securities market and concludes that linking exchanges in different time zones, along the lines of the foreign exchange market, represents the most realistic possibility. The author warns, however, that current trends towards standardization do not necessarily represent the creation of a global market or even the desire for one. The competitive nature of stock exchanges must be recognized by market regulators in striving towards this goal.

Go to article

Contractual Assurances In Multinational Agreements To Purchase Or Sell U.S. Businesses--Cultural Differences Heighten Normal Conflicts, Barry Fink Jan 1991

Contractual Assurances In Multinational Agreements To Purchase Or Sell U.S. Businesses--Cultural Differences Heighten Normal Conflicts, Barry Fink

UC Law SF International Law Review

This Article discusses some of the difficulties of multinational contracting by examining some major differences in the American and Japanese methods of allocating contractual responsibilities. His insights are offered in the hope that debate over the differing concepts will lead to greater understanding and facilitate further international dealings.

Go to article

Dispute Resolution In The United States: Concerns And Opportunities In An Era Of Globalization Of Securities Markets, Mary Kay Kane Jan 1991

Dispute Resolution In The United States: Concerns And Opportunities In An Era Of Globalization Of Securities Markets, Mary Kay Kane

UC Law SF International Law Review

This Article outlines the salient characteristics of American securities litigation and discusses the procedural aspects of international disputes in American courts. The Article also provides some insights into alternative dispute resolution of these matters. The Author advances the notion that the difficulties associated with international litigation in the United States may be overcome by prior agreements and planning, as well as by legislative reform of the system and international agreements.

Go to article

Dispute Resolution Between Investors And Broker-Dealers In The United States Securities Markets, Catherine Mcguire, Robert Love Jan 1991

Dispute Resolution Between Investors And Broker-Dealers In The United States Securities Markets, Catherine Mcguire, Robert Love

UC Law SF International Law Review

The securities markets in the United States have provided increasingly sophisticated arbitration fora for the resolution of securities disputes. U.S. statutory and case law, moreover, has been increasingly favorable to the resolution of international commercial disputes by arbitration. As international markets continue to link, and cross-border disputes arise, parties will be challenged to make creative application of the new arbitrations rules, and to identify areas where change and accommodation are needed.

Go to article

Investment Opportunities And Barriers In Japan: The Regulation Of Direct Investment, Toshinobu Inada Jan 1991

Investment Opportunities And Barriers In Japan: The Regulation Of Direct Investment, Toshinobu Inada

UC Law SF International Law Review

Foreign investors are often interested in direct investment in Japan by establishing a subsidiary in Japan or in investing in already-existing Japanese companies. However, investors' plans are often thwarted by unexpected legal problems and cultural differences. The author explores the many formal and informal barriers to direct investment in Japan, including regulatory and legal impediments.

Go to article

Soviet And Chinese Criminal Dissent Laws: Glasnost V. Tienanmen, Zach Georgopoulos Jan 1991

Soviet And Chinese Criminal Dissent Laws: Glasnost V. Tienanmen, Zach Georgopoulos

UC Law SF International Law Review

Recent developments in the People's Republic of China and the Soviet Union warrant a comparative study of the imposition of criminal liability for political dissent. In the Soviet Union, substantive changes in criminal dissent laws seem dramatic. In China, various doctrinal pronouncements may have a great effect on the application of such laws. This Note analyzes the similarities and differences in the current political imperatives of both nations in relation to their criminal laws, and attempts to discern possible future uses of criminal law as a means of suppressing political speech.

Go to article

The Overseas Private Investment Corporation And Worker Rights: The Loss Of Role Models For Employment Standards In The Foreign Workplace, James M. Zimmerman Jan 1991

The Overseas Private Investment Corporation And Worker Rights: The Loss Of Role Models For Employment Standards In The Foreign Workplace, James M. Zimmerman

UC Law SF International Law Review

The Overseas Private Investment Corporation (OPIC) was created in 1969 to encourage private American investment in developing countries. OPIC finances overseas projects and provides insurance against loss due to political risks. In 1985 because of concerns that OPIC-assisted projects in countries with low labor costs were resulting in the loss of domestic jobs, Congress passed a law requiring OPIC to withhold assistance from projects in countries which fail to adopt and implement internationally recognized workers' rights. This Article argues that this legislation is counterproductive. Developing countries are deprived of role models, since most OPIC projects adhere to higher labor standards …

Go to article

Equity In Maritime Boundary Delimitations: The Gulf Of Maine Case, Ina Raileanu Jan 1991

Equity In Maritime Boundary Delimitations: The Gulf Of Maine Case, Ina Raileanu

UC Law SF International Law Review

On December 12, 1984, an ad hoc chamber of the International Court of Justice delivered its opinion in the Case Concerning the Delimitation of the Maritime Boundary in the Gulf of Maine Area. The decision had been anxiously awaited as the first attempt in the history of the Court to effect a line of delimitation for both the continental shelf and the exclusive economic zone. This Note discusses the equity of the Court's decision with emphasis on the role played by the principle of proportionality. In particular, this Note criticizes the interpretation and application of the principle by the United …

Go to article

The P.R.C.'S First Copyright Law Analyzed, Jianming Shen Jan 1991

The P.R.C.'S First Copyright Law Analyzed, Jianming Shen

UC Law SF International Law Review

This Article explains the People's Republic of China's new copyright law, the Authorship Right Law, which is scheduled to take effect on June 1, 1991. The Article explores how the new law protects the moral and economic (property) rights of authors and other copyright holders. The Article specifically analyzes a number of issues, including copyrightable subject matter, neighboring rights and obligations, penalties for infringement, and the international aspects of the law. The author also discusses the positive and negative aspects of the Authorship Right Law, both within China and internationally.

Go to article

Taking Responsibility For Transboundary Environmental Effects, Sanford E. Gaines Jan 1991

Taking Responsibility For Transboundary Environmental Effects, Sanford E. Gaines

UC Law SF International Law Review

There are recent encouraging examples of cooperation in international environmental affairs. However, nations have made only disappointing progress in developing international law to assign liability among nations for environmental injury. One positive step was taken when the U.N.-sponsored World Commission on Environment and Development appointed an Experts Group on Environmental Law. This Article describes and critiques the report of the Experts Group, taking some guidance from its principles, but finding many conclusions that should be changed. The Article proposes that international law should include expanded strict liability concepts applied to actual damages from environmental injury.

Go to article

The World Bank's Environmental Assessment Policy, R.J.A. Goodland Jan 1991

The World Bank's Environmental Assessment Policy, R.J.A. Goodland

UC Law SF International Law Review

Environmental assessment (EA) became mandatory in all World Bank-assisted projects in October 1989. The purpose of EA is to ensure that the development options under consideration are environmentally sound and sustainable, and that any environmental consequences are recognized early in the project cycle and taken into account in EA policy. This Article outlines the World Bank's EA policy and the most common type of EA, project-specific EAs. Annexed to this Article is a checklist of potential issues of an EA, a description of the categories of EA, a sample outline of a project-specific EA, and a source list of EA …

Go to article

Disregarding Environmental Law: Petroleum Development In Protected Natural Areas And Indigenous Homelands In The Ecuadorian Amazon, Judith Kimerling Jan 1991

Disregarding Environmental Law: Petroleum Development In Protected Natural Areas And Indigenous Homelands In The Ecuadorian Amazon, Judith Kimerling

UC Law SF International Law Review

The Oriente region of Ecuador is one of the most biologically diverse rain forests in the world. This Article explores the negative effects of oil development on the Oriente's environment. The author discusses the direct devastation oil development wreaks on both the environment and the indigenous people of the Oriente. This Article also discusses the collateral consequences of oil development which include massive road building and colonization of the rain forest. The author explains the deficiencies in existing environmental regulations in the Oriente, and suggests the need for extensive study of the environmental impact of oil development and the need …

Go to article

Siberia, Environmentalism, And Problems Of Environmental Protection, Armin Rosencranz, Antony Scott Jan 1991

Siberia, Environmentalism, And Problems Of Environmental Protection, Armin Rosencranz, Antony Scott

UC Law SF International Law Review

Siberia contains the world's largest undeveloped open space. It comprises one-tenth of the world's land mass, contains one-fifth of the earth's forest cover, is home to some of the largest herds of reindeer, and contains Lake Baikal, which holds twenty percent of the world's fresh water. However, the long-term integrity of Siberia's rich and beautiful environment is in serious jeopardy because the very natural riches that give Siberia its environmental significance also invite exploration and exploitation. The Article examines some of the historical inadequacies of the Soviet legal and regulatory systems, the current economic concerns of the local Siberian communities, …

Go to article

Protection Of Endangered Gorillas And Chimpanzees In International Trade: Can Cites Help, Valerie Karno Jan 1991

Protection Of Endangered Gorillas And Chimpanzees In International Trade: Can Cites Help, Valerie Karno

UC Law SF International Law Review

Anyone who is concerned about animals is inevitably outraged and frustrated by the atrocities committed in the international community by poachers and those who deal in the illegal trade of primates. This Note focuses on the widespread trade in endangered chimpanzees and gorillas, primates who are humans' closest living relatives on the planet. This Note gives explicit examples of the worldwide abuses committed by a host of First and Third World countries, exploring the systems by which Third World poachers export animals to First World agents under a guise of legitimacy. The Note then considers the governing international wildlife law, …

Go to article

Comparison Of Foresty Laws In The United States And Brazil As They Promote Deforestation In Southeastern Alaska And The Amazon Basin, Julia Levin Jan 1991

Comparison Of Foresty Laws In The United States And Brazil As They Promote Deforestation In Southeastern Alaska And The Amazon Basin, Julia Levin

UC Law SF International Law Review

While the world condemns the destruction of the Amazonian rain forest in Brazil, the United States government allows non-sustainable timber harvesting in the world's largest nontropical rain forest, the Tongass National Forest, in southeastern Alaska. Both United States and Brazilian forest policies developed primarily to create jobs and provide economic stability. The two governments' subsidies and tax incentives have resulted, instead, in powerful private industries and expansive bureaucracies, whose budgets depend in part on continued forest destruction. Although both the United States and Brazil have recently reformed their forest policies, neither country's reforms are broad enough to protect the countries' …

Go to article

Protection Of The Stratospheric Ozone Layer And The Structure Of International Environmental Lawmaking, David D. Caron Jan 1991

Protection Of The Stratospheric Ozone Layer And The Structure Of International Environmental Lawmaking, David D. Caron

UC Law SF International Law Review

The Vienna Convention of 1985, the Montreal Protocol of 1987, and the London Amendments and Adjustments of 1990 constitute an international response to the problem of the depletion of the ozone layer by chloroflourocarbons. This Article describes the organization of parties under this international framework, and discusses the adoption of reduction schedules with delayed phaseout plans for developing countries. The Article points out that international lawmaking differs from international environmental lawmaking in that the latter involves greater uncertainty about reality, requires participation by major contributors to the depletion of the ozone layer, and poses the problem of being either unmanageably …

Go to article

Differences In Culture, Society, Economics, And Politics And Their Effect On Enforcement Of Securities Laws, Wataru Horiguchi Jan 1991

Differences In Culture, Society, Economics, And Politics And Their Effect On Enforcement Of Securities Laws, Wataru Horiguchi

UC Law SF International Law Review

Much of Japan's law of securities regulation is based on U.S. securities regulation law. This Article describes how Japanese securities law is not specifically tailored to Japanese needs. The author then describes how social, cultural, economic, and political circumstances in Japan impede or frustrate enforcement of these laws.

Go to article

Effective International Supervision Of Global Securities Markets, David S. Ruder Jan 1991

Effective International Supervision Of Global Securities Markets, David S. Ruder

UC Law SF International Law Review

Global trading in securities will increase substantially in the decade of the 1990s. This Article presents an overview of regulatory problems that must be addressed if international securities markets are to flourish.

Go to article

Taxation Implications Of Global Trading: A Summary, Charles Thelen Plambeck Jan 1991

Taxation Implications Of Global Trading: A Summary, Charles Thelen Plambeck

UC Law SF International Law Review

In this Article, the author analyzes global trading by financial intermediaries of stocks, securities, and other products. To focus the analysis, the author describes typical organizational and locational patterns and points out the high degree of international functional integration common in this activity. The Article next discusses the current tax rules applicable to global trading. The author focuses on the Organization for Economic Cooperation and Development model income tax treaty and the Internal Revenue Code rules that govern the apportionment among jurisdictions of the profits of this activity. The author concludes that global trading challenges many fundamental economic assumptions upon …

Go to article

Investment Opportunities And Barriers, Basil J. Schwan, Kayla J. Gillan Jan 1991

Investment Opportunities And Barriers, Basil J. Schwan, Kayla J. Gillan

UC Law SF International Law Review

This Article examines some of the negative aspects of corporate investment in the United States which result from a variety of corporate management protection schemes. These schemes reduce corporate accountability to shareholders and can be overcome only by federal leadership aimed at curtailing defensive actions by state governments which aggravate the accountability gap.

Go to article

Settlement Of Disputes Over Securities Transactions, Koji Shindo Jan 1991

Settlement Of Disputes Over Securities Transactions, Koji Shindo

UC Law SF International Law Review

This Article describes some of the prevalent aspects of civil litigation in Japan and then discusses them in the context of international disputes. Specifically, this essay examines the problems of international securities transactions disputes arising in Japanese courts, where there exists little precedent for their resolution. Since such litigation will become more prevalent with the growth of cross-border trading, Japanese courts must consider reforming their practices in order to deal with these suits efficiently and consistently. Reform must take place specifically in the areas of class action suits and civil discovery practices.

Go to article

International Civil Litigation Over Securities-Related Disputes In Japan, Yoshikazu Takaishi, Osamu Hirakawa, Fumio Tomatsu Jan 1991

International Civil Litigation Over Securities-Related Disputes In Japan, Yoshikazu Takaishi, Osamu Hirakawa, Fumio Tomatsu

UC Law SF International Law Review

Because of the relative paucity of international securities litigation in Japan, it is difficult to predict the outcome of such disputes. The Author studies the relatively few Japanese precedents in an effort to determine the jurisdictional issues which will arise when American investors sue Japanese securities firms, and vice versa. He discusses some of the litigation tactics of Japanese lawyers used to gain a favorable forum or to remove cases from Japanese courts in an effort to thwart foreign party lawsuits. Such jurisdictional problems can create barriers against the globalization of securities markets, and the world's legal systems must be …

Go to article

A Comparative Analysis Of European And American Environmental Laws: Their Effects On International Blue Chip Corporate Mergers And Acquisitions, Nelson G. Smith Iii Jan 1991

A Comparative Analysis Of European And American Environmental Laws: Their Effects On International Blue Chip Corporate Mergers And Acquisitions, Nelson G. Smith Iii

UC Law SF International Law Review

The prospect of a unified European consumer market in 1992 has brought acquisition of European subsidiaries by American blue chip corporations to an all-time high. Along with these new relationships, however, come numerous problems of environmental law. Recent developments in international law indicate that American corporations may inherit extensive liabilities under CERCLA and unwieldy administrative problems when acquiring European holdings. Further complicating these transactions, access to important documents regarding a property's prior use is often difficult to obtain and incomplete to satisfy emerging liability standards. This Article explores the effects environmental laws and liabilities can have on an international blue …

Go to article

Employment Termination Reform: What Should A Statute Require Before Termination--Lessons From The French, British, And German Experiences, Karen Paull Jan 1991

Employment Termination Reform: What Should A Statute Require Before Termination--Lessons From The French, British, And German Experiences, Karen Paull

UC Law SF International Law Review

The United States is the only major industrialized nation that has not enacted legislation to protect an employee's interest in security of employment. As a result, this interest has been in a state of uncertainty subject to changing case law and divergent state legislation. The recent draft of the Uniform Employment Termination Act has attempted to find a remedy for this situation. It failed to address, however, pretermination safeguards which could help prevent wrongful terminations, alleviate the emotional stress associated with terminations, and facilitate reemployment if necessary. This Note examines the role of pretermination safeguards in the employment protection statutes …

Go to article

The Developing Countries In The Evolution Of An International Environmental Law, John Ntambirweki Jan 1991

The Developing Countries In The Evolution Of An International Environmental Law, John Ntambirweki

UC Law SF International Law Review

Until the global community began to recognize the damage wrought by uninhibited economic development throughout most of this century, the developing countries of the Third World foresaw and aspired to a similar unimpeded advance toward economic prosperity. Instead, in an effort to establish international economic order and environmental conservation, the developed countries asked the developing countries to join them in championing environmental conservation at the expense of economic development. Despite the fundamental incompatibility between developmental and environmental goals, the developing countries reluctantly joined the environmental cause, hoping to secure a role for themselves as the creators of new international environmental …

Go to article

The European Community's Regulation And Control Of Waste And The Adoption Of Civil Liability, Patrick E. Thieffry, Peter E. Nahmias Jan 1991

The European Community's Regulation And Control Of Waste And The Adoption Of Civil Liability, Patrick E. Thieffry, Peter E. Nahmias

UC Law SF International Law Review

The European Community has primarily been concerned with economic integration among its member states. However, along with economic integration comes the need for uniform environmental policies. This Article discusses the current regulatory structure of waste management in the European Community and outlines the recently proposed directive calling for strict liability for injury or environmental damages caused by wastes. The proposed directive is intentionally broad in scope, and imposes joint and several civil liability upon the responsible parties. This Article discusses the pros and cons of the proposed directive in terms of the development of centralized and uniform European Community environmental …

Go to article

First Prev Next Last