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Articles 5191 - 5220 of 5724

Full-Text Articles in Comparative and Foreign Law

A Response To Elliot Richardson - Institutions, Developing Countries And Function, 25 J. Marshall L. Rev. 13 (1991), Daniel B. Magraw Jr. Jan 1991

A Response To Elliot Richardson - Institutions, Developing Countries And Function, 25 J. Marshall L. Rev. 13 (1991), Daniel B. Magraw Jr.

UIC Law Review

No abstract provided.


Paris, The City Of Arbitration?, Pierre Bellet Jan 1991

Paris, The City Of Arbitration?, Pierre Bellet

University of Miami International and Comparative Law Review

No abstract provided.


The Restoration Of Democracy And Environmental Law In Argentina, Daniel Horacio Lago Jan 1991

The Restoration Of Democracy And Environmental Law In Argentina, Daniel Horacio Lago

University of Miami International and Comparative Law Review

No abstract provided.


The International Court Of Justice And The Standing Of Corporate Shareholders Under International Law: Elettronica Sicula V. Raytheon (U.S. V. Italy), Alexander Palenzuela-Mauri Jan 1991

The International Court Of Justice And The Standing Of Corporate Shareholders Under International Law: Elettronica Sicula V. Raytheon (U.S. V. Italy), Alexander Palenzuela-Mauri

University of Miami International and Comparative Law Review

No abstract provided.


The Japanese International Law 'Revolution': International Human Rights Law And Its Impact In Japan, Kenneth L. Port Jan 1991

The Japanese International Law 'Revolution': International Human Rights Law And Its Impact In Japan, Kenneth L. Port

Faculty Scholarship

Some observers have argued that because of a lack of enforcement powers, international law has relatively little impact on the conduct of nations and, in fact, may not be "law" at all. Others have inquired whether legal norms which underlie international human rights law have any influence on the domestic law of signatory nations. This article argues that international law can profoundly influence the development of the domestic laws of nations regardless of the lack of coercive enforcement powers. This point becomes clear through a consideration of Japan's experience in adopting and internalizing international law norms.


The Unification Of Germany And International Law, Frans G. Von Der Dunk, Peter H. Kooijmans Jan 1991

The Unification Of Germany And International Law, Frans G. Von Der Dunk, Peter H. Kooijmans

Michigan Journal of International Law

What role these rights and obligations could have played is the central theme of this article. However, in view of the enormous complexity of the problems involved, this article can do no more than provide a general overview. Sections II through VII will first sketch the outlines of the rights and obligations confronting the two German States before unification. Section VIII will compare those outlines to the actual political outcome of the unification process. The former six Sections will explore a number of different contexts in which legal rights and obligations could have been found.


Demoncratic Institutions Of Industrial Relations: A Polish Perspective, Ludwik Florek Jan 1991

Demoncratic Institutions Of Industrial Relations: A Polish Perspective, Ludwik Florek

Michigan Journal of International Law

This essay addresses three issues. The author first describes the major features of the previous Polish industrial relations system which caused it to be undemocratic. He then presents arguments justifying the need for a democracy in industrial relations in Poland. Second, the indispensable premises and elements of three basic democratic institutions of industrial relations are identified: trade union freedom, collective bargaining and the right to strike. These elements were selected for analysis on the basis of international legal instruments, in particular, conventions of the International Labor Organization ("ILO"), as well as U.S. and West European labor legislation. The author then …


The Czechoslovak Approach To The Draft Convention On Jurisdictional Immunitites Of States And Their Property, Vladimir Balaš, Monika Pauknerová Jan 1991

The Czechoslovak Approach To The Draft Convention On Jurisdictional Immunitites Of States And Their Property, Vladimir Balaš, Monika Pauknerová

Michigan Journal of International Law

This article deals with four issues: (1) The effort of the International Law Commission of the United Nations to codify jurisdictional immunity. (2) The theoretical and practical Czechoslovak approach toward the institution of jurisdictional immunity of States and the Draft Convention, and a prediction of possible change of the Czechoslovak view. (3) The changing views of East European scholars. (4) An analysis of particular provisions of the Draft Convention with respect to their acceptability by States with different socioeconomic systems and especially by Czechoslovakia.


German Unification: Constitutional And International Implications, Albrecht Randelzhofer Jan 1991

German Unification: Constitutional And International Implications, Albrecht Randelzhofer

Michigan Journal of International Law

A discussion about the legal problems of German unification, taking into account the realms of German constitutional law, public international law, and the law of the European Communities.


Prospects For The 1992 Conference On The Environment And Development: A New World Order, 25 J. Marshall L. Rev. 1 (1991), Elliot Richardson Jan 1991

Prospects For The 1992 Conference On The Environment And Development: A New World Order, 25 J. Marshall L. Rev. 1 (1991), Elliot Richardson

UIC Law Review

No abstract provided.


No-Fault Personal Injury Automobile Insurance: The Quebec And New York Experiences And A Proposal For California, Sonja Stenger Jan 1991

No-Fault Personal Injury Automobile Insurance: The Quebec And New York Experiences And A Proposal For California, Sonja Stenger

UC Law SF International Law Review

One of the primary purposes of the automobile liability insurance system is to provide compensation to people injured in automobile accidents. Many experts agree that the traditional liability system has failed to adequately perform this function. California has been particularly affected by the failure of the traditional liability insurance system. This Note describes how no-fault automobile insurance improves on the liability insurance system and how it solves some of the system's biggest problems. This Note also analyzes two no-fault systems, that of Quebec and that of New York, and proposes a no-fault system for California.


A Comparison Of Japanese And American Taxation Of Capital Gains, Brian Van Vleck Jan 1991

A Comparison Of Japanese And American Taxation Of Capital Gains, Brian Van Vleck

UC Law SF International Law Review

Japan has employed heavy tax preferences for capital gains as part of a spectacularly successful national policy of encouraging capital formation and economic growth. The United States, in contrast, brought an end to sixty-five years of capital gains preferences with the Tax Reform Act of 1986. A very limited cut was enacted in 1990. However, President George Bush has made further reductions in the capital gains tax a central goal of his administration. This Note analyzes the experience of both nations and examines the effects of capital gains taxation on economic efficiency, levels of national investment, the politics of income …


Environmental Protection In Post-Socialist Eastern Europe: The Polish Example, Julian Conrad Juergensmeyer, Michael Kulesza, Ewa Gmurzynska Jan 1991

Environmental Protection In Post-Socialist Eastern Europe: The Polish Example, Julian Conrad Juergensmeyer, Michael Kulesza, Ewa Gmurzynska

UC Law SF International Law Review

Political and governmental changes in Eastern Europe have brought about an information explosion concerning the extent of environmental degradation in those countries. Poland is an example of Eastern Europe's pursuit of rapid industrialization to the detriment of the environment. This Article describes the severe air and water pollution problems in Poland. The authors discuss the environmental laws which existed under the communist government and the proposed Draft Law, and recommend changes to bring Poland's environmental law more in line with the laws of Western Europe.


Some Thoughts On International Environmental Law From The Perspective Of A Domestic Practitioner, Brian E. Gray Jan 1991

Some Thoughts On International Environmental Law From The Perspective Of A Domestic Practitioner, Brian E. Gray

UC Law SF International Law Review

No abstract provided.


Nihon-Hastings Conference--Foreword, Frank T. Read Jan 1991

Nihon-Hastings Conference--Foreword, Frank T. Read

UC Law SF International Law Review

No abstract provided.


Political, Regulatory, And Legal Problems: Focusing On The Securities Banking Fence Issue, Insider Trading, And The Disclosure Systems, Ichiro Matsui Jan 1991

Political, Regulatory, And Legal Problems: Focusing On The Securities Banking Fence Issue, Insider Trading, And The Disclosure Systems, Ichiro Matsui

UC Law SF International Law Review

There have been many new developments in Japanese securities law in the last few years. The author reviews some of the most important of these developments, including the movement to allow banks to participate in the securities business and new regulations pertaining to insider trading and disclosure. The author describes the substance of these new developments and analyzes the potential and actual effects of each of them.


An International Lawyer Takes Stock, Sir Robert Y. Jennings Jan 1991

An International Lawyer Takes Stock, Sir Robert Y. Jennings

University of Miami International and Comparative Law Review

No abstract provided.


Legal Aspects Of Cinematographic Production And Coproduction In Italy, Vincenzo Sinisi, Cameron Mccracken Jan 1991

Legal Aspects Of Cinematographic Production And Coproduction In Italy, Vincenzo Sinisi, Cameron Mccracken

University of Miami International and Comparative Law Review

No abstract provided.


Counsel, Consul, Or Diplomat: Is There Any Practical Significance For Practitioners?, Cami Green Jan 1991

Counsel, Consul, Or Diplomat: Is There Any Practical Significance For Practitioners?, Cami Green

University of Miami International and Comparative Law Review

No abstract provided.


United States And European Community Antidumping Law: Similarities And Differences, Patrick F.J. Macrory, Edwin Vermulst, Paul Waer Jan 1991

United States And European Community Antidumping Law: Similarities And Differences, Patrick F.J. Macrory, Edwin Vermulst, Paul Waer

University of Miami International and Comparative Law Review

No abstract provided.


A Report On Countertrade, Christopher Kerres Jan 1991

A Report On Countertrade, Christopher Kerres

University of Miami International and Comparative Law Review

No abstract provided.


Mexican Privatization: The Country Prepares For Full Fledge Capitalism, Barry S. Featherman Jan 1991

Mexican Privatization: The Country Prepares For Full Fledge Capitalism, Barry S. Featherman

University of Miami International and Comparative Law Review

No abstract provided.


Human Rights, Justice And U.S. Aid: The Colombian Contradiction, Elena Manitzas Jan 1991

Human Rights, Justice And U.S. Aid: The Colombian Contradiction, Elena Manitzas

University of Miami International and Comparative Law Review

No abstract provided.


The Protection Of Property Rights In The Inter-American System: Banco De Lima Shareholders V. Perú, Victor Marroquín-Merino Jan 1991

The Protection Of Property Rights In The Inter-American System: Banco De Lima Shareholders V. Perú, Victor Marroquín-Merino

University of Miami International and Comparative Law Review

No abstract provided.


Extraterritorial Application Of United States Antitrust Laws: Minimizing The Conflicts , Kevin R. Roberts Jan 1991

Extraterritorial Application Of United States Antitrust Laws: Minimizing The Conflicts , Kevin R. Roberts

University of Miami International and Comparative Law Review

No abstract provided.


The Expert In U.S. And German Patent Litigation, James Maxeiner Jan 1991

The Expert In U.S. And German Patent Litigation, James Maxeiner

All Faculty Scholarship

The expert often plays a crucial role in patent litigation in both Germany and the United States. Determination of facts and application of law to facts frequently require a technical understanding that only an expert can provide. Despite the similarity of the problem of conveying information to the decision-maker, the role of the expert in the two systems and the manner in which the problem of providing technical knowledge necessary for the decision is solved are so very different, that German jurists who transfer their German experiences and expectations over to US procedures, are in danger of experiencing great disappointment …


Der Sachverständige In Patentrechtsstreitigkeiten In Den Usa Und Deutschland (The Expert In U.S. And German Patent Litigation), James Maxeiner Jan 1991

Der Sachverständige In Patentrechtsstreitigkeiten In Den Usa Und Deutschland (The Expert In U.S. And German Patent Litigation), James Maxeiner

All Faculty Scholarship

Ob in Deutschland oder in den Vereinigten Staaten, der Sachverstaendige spielt haeufig eine entscheidende Rolle in einem Patentrechtsstreit. Die Erforschung der Tatsachen wie auch die Anwendung des Rechts erfordern oft ein technisches Verstaendnis, das nur ein Experte liefern kann. Das Problem, wie diese Informationen demjenigen, der das Urteil faellen muss, nahegebracht werden koennen, stellt sich in beiden Systemen gleichermassen. Allerdings sind die Rolle des Sachverstaendigen und die Art, wie diese Informationen uebertragen werden, hier und dort so verschieden, dass deutsche Juristen schwere Enttaeuschungen, wenn nicht sogar empfindliche Niederlagen befuerchten muessen, wenn sie ihre Vorstellungen und Erfahrungen auf den amerikanischen Prozess …


1992: High Time For American Lawyers To Learn From Europe, Or Roscoe Pound's 1906 Address Revisited, James Maxeiner Jan 1991

1992: High Time For American Lawyers To Learn From Europe, Or Roscoe Pound's 1906 Address Revisited, James Maxeiner

All Faculty Scholarship

Shows how the key points Roscoe Pound made in his famous law reform address point to foreign law study for future reform.


Chan V. Korean Air Lines, Ltd.: The United States Supreme Court Eliminates The American Rule To The Warsaw Convention, Larry Moore Jan 1990

Chan V. Korean Air Lines, Ltd.: The United States Supreme Court Eliminates The American Rule To The Warsaw Convention, Larry Moore

UC Law SF International Law Review

This Article reviews the effect of the Supreme Court decision in Chan v. Korean Air Lines which restricted the legal techniques used in the United States to overcome the recovery limits on personal injury claims in airline disasters. The Article looks at the history of the Warsaw Convention, the rules which American courts developed over the years to circumvent the Convention, and the possible international, political consequences of this decision.


Trade Unions And War: The Right To Organize Under Belligerent Occupation, John Quigley Jan 1990

Trade Unions And War: The Right To Organize Under Belligerent Occupation, John Quigley

UC Law SF International Law Review

The right to organize trade unions is widely recognized as essential to the well being of workers. This right is protected as a human right by the customary law of nations. When a country is occupied in wartime, its trade unions may be regarded with suspicion by the occupying power which may view them as providing a cover for anti-occupation activity. Nonetheless, the right of trade unions to function is not abrogated by the fact of belligerent occupation. An occupant must permit trade unions to carry out their activities.