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Articles 5191 - 5220 of 5763

Full-Text Articles in Comparative and Foreign Law

Debt-For-Nature: The Second Generation, Konrad Von Moltke Jan 1991

Debt-For-Nature: The Second Generation, Konrad Von Moltke

UC Law SF International Law Review

Debt-for-nature programs-negotiating debt reductions in less developed countries in return for increased conservation-are a key link between international environmental management and major issues of international finance and trade. There are several important secondary aspects of debt-for-nature programs; for example, illuminating creative uses of the debt crisis to structure cooperative ventures between governments, and linking conservation and international economic and financial relations. This Article explores these aspects in relation to the international environmental economics issues of resource management in tripartite economies, debt servicing and balancing, trade regulation, subsidies, resource valuation, and sovereign debt conversions.

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The New World Order And The Right Of Self-Defense In The United Nations Charter, Kathryn S. Elliott Jan 1991

The New World Order And The Right Of Self-Defense In The United Nations Charter, Kathryn S. Elliott

UC Law SF International Law Review

With the collapse of the Iron Curtain and the increasing depolarization of the international community, the United Nations is being heralded as the vehicle for a new world order. World political leaders are reaffirming their commitment to the United Nations as the forum for resolution of international conflicts. Notwithstanding their public support, however, the United States and Great Britain may actually have undermined the emerging credibility of the United Nations by insisting that they had the right to take independent action against Iraq after its 1990 invasion of Kuwait. The two nations justified independent action as an exercise of Kuwait's …

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Implementing A United Nations Security Council Resolution: The President's Power To Use Force Without The Authorization Of Congress, Matthew D. Berger Jan 1991

Implementing A United Nations Security Council Resolution: The President's Power To Use Force Without The Authorization Of Congress, Matthew D. Berger

UC Law SF International Law Review

In light of the history of the United States Constitution and the continued expansion of Presidential power, the author urges the Congress, the press, and the American public to examine carefully every new assertion of Presidential power. This Note specifically focuses on the recent Persian Gulf conflict and President Bush's justifications for the use of military force without congressional approval. The Note presents three distinct arguments: First, President Bush never had the constitutional power to use military force to implement a Security Council resolution without congressional authorization; second, the Persian Gulf conflict was a war within the meaning of the …

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Abandoning The Rule Of Non-Inquiry In International Extradition, David B. Sullivan Jan 1991

Abandoning The Rule Of Non-Inquiry In International Extradition, David B. Sullivan

UC Law SF International Law Review

Under the rule of non-inquiry, a United States court is barred from denying extradition of an accused criminal, even when it is clear that the accused will be the victim of torture or cruel and inhumane treatment in the requesting country. This Note argues that the rule of non-inquiry should be replaced by a rule more.sensitive to humanitarian concerns. The Note begins by describing the international extradition process and the origins of the rule of non-inquiry. Next, it sets forth the dicta of Gallina v. Fraser, which proposed an exception to the rule of noninquiry. The Note suggests that an …

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Towards A Common Market In Banking And Financial Services In The European Economic Community, Stuart Isaacs Jan 1991

Towards A Common Market In Banking And Financial Services In The European Economic Community, Stuart Isaacs

University of Miami International and Comparative Law Review

No abstract provided.

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Obtaining Evidence In France For Use In The United States, Elena Del Valle Jan 1991

Obtaining Evidence In France For Use In The United States, Elena Del Valle

University of Miami International and Comparative Law Review

No abstract provided.

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Specific Performance And Open Price Contracts Under The Un Sales Convention And The Ucc, Kenneth Schwartz Jan 1991

Specific Performance And Open Price Contracts Under The Un Sales Convention And The Ucc, Kenneth Schwartz

University of Miami International and Comparative Law Review

No abstract provided.

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The Impact Of Technology On The Trading Of Securities: The Emerging Global Market And The Implications For Regulation, 24 J. Marshall L. Rev. 299 (1991), Lewis D. Solomon, Louise Corso Jan 1991

The Impact Of Technology On The Trading Of Securities: The Emerging Global Market And The Implications For Regulation, 24 J. Marshall L. Rev. 299 (1991), Lewis D. Solomon, Louise Corso

UIC Law Review

No abstract provided.

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Little Hilary: Happy At Last? New Zealand's Family Court And The Matter Of Hilary Foretich, Suzanne Mcgrath Dale Jan 1991

Little Hilary: Happy At Last? New Zealand's Family Court And The Matter Of Hilary Foretich, Suzanne Mcgrath Dale

Penn State International Law Review (1982 - 2011)

This Note contends that New Zealand should not be obliged to return Hilary to the jurisdiction of United States courts. This Note also contends that the ultimate disposition of custody and visitation rights should be the prerogative of the New Zealand court and that prior or pending United States orders should not necessarily be considered binding on that court.

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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.

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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 …

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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 …

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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 …

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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.

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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.

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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 …

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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 …

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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, …

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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, …

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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' …

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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 …

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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.

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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.

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