Comparative and Foreign Law Commons^™

To Protect Developing City By The Enactment Of Local Laws And Regulations, Zilin Wu

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

13 pages.

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Evaluating The Antarctic Minerals Convention: The Decisionmaking System, Bernard H. Oxman

University of Miami Inter-American Law Review

No abstract provided.

Foreign Policy By Federalism: The Reagan Years, Johanna S.R. Mendelson

University of Miami Inter-American Law Review

No abstract provided.

Argentina

University of Miami Inter-American Law Review

No abstract provided.

Brazil

University of Miami Inter-American Law Review

No abstract provided.

The Dauntless Incident: Should A United States Public Vessel Be Declared A "Floating Piece" Of United States Territory For Citizenship Purposes?, Kim Kiel

University of Miami Inter-American Law Review

No abstract provided.

Law And Market Society In Mexico By G.M. Armstrong, Jr, Michael Wallace Gordon

University of Miami Inter-American Law Review

No abstract provided.

The Use Of Arbitration In Cuba: International Solutions For The Resolution Of Local Problems, Henry Dahl

University of Miami Inter-American Law Review

No abstract provided.

International Competitive Harm And Domestic Antitrust Laws: Forms Of Analysis, David J. Gerber

All Faculty Scholarship

No abstract provided.

Some Recent Cases Delaying The Direct Effect Of International Treaties In Dutch Law, Henry G. Schermers

Michigan Journal of International Law

This article is meant as a comment on some recent Dutch cases concerning the effect within the domestic law of the Netherlands of the prohibition of discrimination laid down in Article 7a(i) of the International Covenant on Economic, Social and Cultural Rights and of Article 26 of the International Covenant on Civil and Political Rights. The cases were decided by the Centrale Raad van Beroep, which is the Dutch supreme court in some fields of administrative law, such as the law on civil servants and several laws on social security. The cases are particularly interesting with respect to the …

Towards A Bill Of Rights For A Democratic South Africa, Albie Sachs

UC Law SF International Law Review

Instead of a bill of rights for post-apartheid South Africa being a means of protecting group privileges under the guise of protecting group rights, it should be an instrument for enlarging the freedom of the oppressed majority, recognizing the cultural diversity of the country, and guaranteeing equal individual rights for all, irrespective of race, color or creed.

Human Rights In Africa: A Cultural, Ideological, And Legal Examination, Ziyad Motala

UC Law SF International Law Review

This Article considers the dominant liberal interpretation of human rights and examines its relevance to African society in terms of its cultural and ideological origins. An argument is made that traditional African society had a conception of human rights which respected important human rights values. However, the rights in traditional African society were not conceptualized in individual terms. This constitutes a fundamental point of departure from the liberal interpretation. Furthermore, human rights practices should be understood, and criticisms against African societies made, in terms of traditional African conceptions. Finally, the African Charter of Human and People's Rights is evaluated in …

When Nations Kill: The Liu Case And The Act Of State Doctrine In Wrongful Death Suits, Fletcher Alford

UC Law SF International Law Review

On October 15, 1984, Henry Liu-a native of Taiwan and an outspoken critic of that government-was murdered outside his home in San Francisco, California. Evidence indicated that certain Taiwanese government officials may have assisted in the murder of Liu. However, a Taiwanese tribunal, investigating the government's role in the murder, determined that the Taiwan government took no part in the plot. Liu's widow subsequently brought suit in the Federal District Court for the Northern District of California, seeking to hold the Taiwanese government liable for the wrongful death of her husband. The judge dismissed her suit on "act of state" …

The Newest Member Of The Nuclear Club: Pakistan's Drive For A Nuclear Weapons Capability And United States Nuclear Nonproliferation Policy, Stephen H. Cassidy

UC Law SF International Law Review

One of the most consistent goals of United States foreign policy since the end of World War II has been to halt the spread among nations of the testing and manufacture of nuclear weapons. This Note provides a theoretical and historical overview of the history of nonproliferation efforts by the United States and the world community. The primary test case for United States policy in the 1980s, and the latest nation on the threshold of possessing nuclear weapons, is Pakistan. The Note focuses on United States attempts to convince Pakistan not to pursue the nuclear option.

Important debates between Congress …

A Proposal For The Development Of A System Of Indigenous Jurisprudence In The Federated States Of Micronesia, Brian Z. Tamanaha

UC Law SF International Law Review

Through a critical examination of the court decisions of the Federated States of Micronesia, this Article will establish that the Micronesians have failed in their efforts to develop a system of indigenous jurisprudence. To understand the reasons for this failure, this Article will survey similar attempts to merge custom into an improved legal system in decolonized areas around the world. Following the conclusion that the existing strategies applied to these situations cannot succeed, this Article will propose a new approach. The proposal rejects the focus on custom as a separate source of law, and instead emphasizes the role and nature …

Palestine And Humanitarian Law: Israeli Practice In The West Bank And Gaza, Carol Bisharat

UC Law SF International Law Review

With the purpose of providing a context for the eighteen month long Palestinian uprising, this Article traces the significant events in the history of the Israeli-Palestinian conflict emphasising the intolerable conditions imposed by twenty-two years of military rule. In the framework of international law, this Article examines first the application of the Fourth Geneva Convention, and secondly Israel's institutionalized violation of the Convention's governing standards as they apply to Palestinians in the occupied territories. The Palestinian right to self determination will be analyzed as it relates to the application of the Fourth Geneva Convention. Finally, Israeli laws and practices will …

Shifting Sands--A Comparison Of English And American Coastal Zone Management Programs, Roberta Lee Jones

UC Law SF International Law Review

The United States and England have each instituted government programs designed to protect coastal resources, but the two programs differ in scope and substance. The United States enacted federal legislation that helped individual coastal states establish and fund coastal programs. By contrast, the Parliament has enacted few meaningful coastal zone management programs and has instead relied on participation from private conservation organizations and local governments to manage and protect coastal resources. This Note compares the coastal zone management programs of England and the United States and proposes improvements for each program.

The Third World Debt Crisis, Peider Konz

UC Law SF International Law Review

The external debt burden has grown to the point that many sovereign borrowers are technically insolvent. This debt/development crisis cannot be resolved by a confrontation of abstract legal principles, which would serve neither the interests of the lenders, nor those of the borrowers. In fact, the causes are both endogenous (unrealistic economic and investment policies, over-borrowing) and exogenous (incautious lending in the days of easy money, subsequent rise of interest rates and restrictive trade policies in the North). To this comes the fact that many debtor countries have not been able to properly manage their debt in harmony with macroeconomic …

A Comparative Analysis Of Debt Equity Swap Programs In Five Major Debtor Countries, Derek Asiedu-Akrofi

UC Law SF International Law Review

Since the onset of the debt crisis, developing countries have resorted to several debt reduction and debt management techniques in order to sustain their debt servicing. One of the most popular of such techniques is debt-equity swaps. Its popularity is illustrated by the fact that several countries have either implemented formal debt-equity swap programs or are contemplating doing so. Despite the popularity of this technique, it is important to note that the features of each program are designed to suit the needs of each debtor country. Accordingly, the modalities for converting foreign debt to equity vary from country to country. …

Tax Implications Of Debt-For-Equity Swaps, Stuart M. Berkson, Bruce A. Cohen

UC Law SF International Law Review

This Article examines the United States income tax implications of debt-for-equity swaps. It focuses on Revenue Ruling 87-124 and describes its application to debt conversions. The Article also considers alternatives available to United States taxpayers in dealing with the potentially adverse consequences of Revenue Ruling 87-124, including arguments which could be raised during the course of an audit or a legal challenge. The Article concludes with a possible manner in which the debt-for-equity swap can be restructured to avoid Revenue Ruling 87- 124.

External Influences On Third World Debt, Neva Seidman Makgetla

UC Law SF International Law Review

At over one billion dollars in the late 1980s, Third World debt precipitated a variety of crises for the actors affected. On the one hand, it jeopardized the profitability of leading transnational banks. On the other, it involved a massive outflow of capital from the Third World, which endured a fall in both consumption and investment. The transnational banks and their home governments responded by demanding that the Third World impose austerity programs, which aimed to reduce consumption in order to enhance investment and maintain debt-service payments. To that end, Western creditors demanded the adoption of free-market policies. The logic …

The Legal Problems Of Indigenization In Nigeria: A Lesson For Developing Countries, Ifeanyi Achebe

UC Law SF International Law Review

In this Article, the author explores, without singling out Nigeria, the various consequences of inattention to uniform enforcement of the Nigerian Enterprises Promotions Decree promulgated in January 1977 (NEPD 1977) to facilitate and enhance economic development. The author notes that economic planners in developing countries have begun to recognize the importance and implications of the legal aspects of indigenization.

In the Nigerian situation, failure to enforce the indigenization decree and related laws encouraged religious discrimination, nepotism, and corruption in high places. It also encouraged fronting, the top enemy of economic progress. If Nigeria is to survive, President Ibrahim Babangida must, …

Intercompany Pricing Of Intangibles Under Section 482: A Comparison With Japanese Tax Policy, Christine Tomomatsu

UC Law SF International Law Review

Tax policy influences the ability of United States businesses to compete internationally. The 1986 Tax Reform Act amended section 482 of the Internal Revenue Code, imposing on United States corporations a new standard for pricing intercompany transfers of intangibles. This new standard deviates from the traditional arm's length standard. It is strict and unpredictable, creating taxpayer uncertainty and discouraging corporations from investing abroad. In contrast to the United States, Japan's tax policy attempts to alleviate uncertainty and double taxation. This Note compares Japanese and United States tax policies to demonstrate the detrimental impact the amendment to section 482 will have …

The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse

LLM Theses and Essays

While the United States’ common law system is characterized by diversity due to each state having its own set of rules, in certain areas there are nationwide legislative attempts of unification and standardization. One such attempt is the adoption of the Uniform Commercial Code which governs the sale of goods law in the United States. The French civil law system generally differs greatly from the American system in that it is primarily based upon statutes and codes. However, the American Uniform Commercial Code and the French Civil Code provide tangible, comparable bases to assess similarities and differences between American and …

Equal Protection- The Social Dimension Of European Community Law, T. Koopmans

Michigan Journal of International Law

There are two reasons for drawing attention to the social dimension of European Community law. First, the EEC treaty comprises different provisions on social policy whose importance is consistently underestimated: the treaty is often considered as merely establishing a "common market" and as only concerning economic problems. This approach is prominent in the United States, where the business world is primarily interested in trade with, and within, the common market, and where much literature is devoted to this subject. Second, the social provisions of the EEC treaty have given rise to an interesting evolution in the case law of the …

The Beginning Of The Constitutional Era: A Bicentennial Comparative Study Of The American And French Constitutions, Rett R. Ludwikowski

Michigan Journal of International Law

This article is intended only to be introductory. The author is quite aware that the period surrounding the creation of the American Constitution has been profoundly studied; thorough analysis has been provided concerning both the origin and historical development of the American Constitution, as well as the intellectual background of the "founding generation." Characteristically, these studies have focused on the "American constitutional tradition," which means that they have been limited to little more than two centuries of colonial experience. This essay follows a different vein of inquiry. The author's purpose is not to add another article to the numerous works …

Jus Cogens: Compelling The Law Of Human Rights, Karen Parker

UC Law SF International Law Review

The international law principle ofjus cogens, or "compelling law," while of potential value in domestic and international human rights litigation, is rarely invoked by name in the United States. This Article proposes that application of jus cogens may enhance judicial enforcement of human rights. The Article defines jus cogens and sets out some of its substantive content. It presents the procedural effects ofjus cogens, with an emphasis on how jus cogens overcomes judicial doctrines that have frustrated plaintiffs in human rights litigation. The Article concludes by showing howjus cogens concepts, under other names, have been a major force in defending …

The Brazilian Debt-Equity Swap Program, Walter Douglas Stuber

UC Law SF International Law Review

With an external debt amounting to more than 110 billion dollars, Brazil is currently one of the most indebted countries. Since the eruption of the external debt crisis in 1982, Brazil has pursued a number of strategies to face this burden, including debt reschedulings and a moratorium on the payment of interests. This Article is focused on one of the strategies resorted to, the debt conversion program, officially enacted in Brazil in 1988. Upon reviewing the historical background of the foreign debt and its conversion, the Article discusses the different aspects of the debt-to-equity swap program, including eligible debt, conversions …

Hague Evidence Convention In The Aftermath Of Societe Nationale Industrielle Aerospatiale, Pascal W. Di Fronzo

UC Law SF International Law Review

The successful negotiation of the Hague Evidence Convention in 1970 represented an historic achievement in furthering international cooperation in transnational discovery. The Evidence Convention established procedures for obtaining evidence located abroad that would be tolerable to the requested state and would produce evidence utilizable in the requesting state. In Socie't Nationale Industrielle AerospatiaIle the United States Supreme Court majority failed to recognize the great accomplishment the Evidence Convention represents toward international judicial cooperation. The Court held that the Evidence Convention is United States law, but that its application in American courts is optional. This Note addresses the inadequacies of the …