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Articles 5221 - 5250 of 5763
Full-Text Articles in Comparative and Foreign Law
Taxation Implications Of Global Trading: A Summary, Charles Thelen Plambeck
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 …
Investment Opportunities And Barriers, Basil J. Schwan, Kayla J. Gillan
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.
Settlement Of Disputes Over Securities Transactions, Koji Shindo
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.
International Civil Litigation Over Securities-Related Disputes In Japan, Yoshikazu Takaishi, Osamu Hirakawa, Fumio Tomatsu
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 …
A Comparative Analysis Of European And American Environmental Laws: Their Effects On International Blue Chip Corporate Mergers And Acquisitions, Nelson G. Smith Iii
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 …
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 …
The Developing Countries In The Evolution Of An International Environmental Law, John Ntambirweki
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 …
The European Community's Regulation And Control Of Waste And The Adoption Of Civil Liability, Patrick E. Thieffry, Peter E. Nahmias
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 …
A Response To Elliot Richardson - Institutions, Developing Countries And Function, 25 J. Marshall L. Rev. 13 (1991), Daniel B. Magraw Jr.
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.
The Restoration Of Democracy And Environmental Law In Argentina, Daniel Horacio Lago
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
The Expert In U.S. And German Patent Litigation, James Maxeiner
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 …
An International Lawyer Takes Stock, Sir Robert Y. Jennings
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
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
Counsel, Consul, Or Diplomat: Is There Any Practical Significance For Practitioners?, Cami Green
University of Miami International and Comparative Law Review
No abstract provided.
A Report On Countertrade, Christopher Kerres
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
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
Human Rights, Justice And U.S. Aid: The Colombian Contradiction, Elena Manitzas
University of Miami International and Comparative Law Review
No abstract provided.