Comparative and Foreign Law Commons^™

Expert Opinion And Reform In Anglo-American, Continental, And Israeli Adjudication, Neil Netanel Weinstock

UC Law SF International Law Review

The factual framework of modem litigation has become increasingly technical and complex; this development poses new challenges for traditional fact-finders. More and more, expert witnesses are being used to assist judges and juries in the factfinding process. This Article examines the role of the expert witness in the common-law and civil-law judicial systems, emphasizing the manner in which the divergent systems have responded to the need for reform in this area. The author then examines the role of the expert in the hybrid Israeli judicial system, which is rooted in both the civil-law and common-law traditions. Finally, the author demonstrates …

Professor William J. Riegger, Francis Richard Walsh

UC Law SF International Law Review

No abstract provided.

The Choice Of Applicable Law In International Arbitration, Vitek Danilowicz

UC Law SF International Law Review

International commercial arbitration has become increasingly popular in recent years in large part because it offers quicker and more convenient dispute resolution than litigation in a foreign nation. Nonetheless, arbitration, like litigation, presents knotty choice of law problems. This Article examines a variety of approaches currently used by arbitrators to select the law which will govern arbitration procedure. The competing interests of the international business community and the various sovereign nations seeking to control international arbitration are discussed.

China Special Economic Zones In Perspective: A Contextual Discussion With Emphasis On The Shekou Industrial Zone, Charles C. Valauskas

UC Law SF International Law Review

This Article analyzes the unique role of Special Economic Zones in modem China. The author first discusses the historical background of the zone concept, and the creation of the zones. Next, the author focuses on the Shekou Industrial Zone to demonstrate the practical problems which face foreign corporations wishing to conduct business within a Special Economic zone. Particular emphasis is placed upon the unpredictability of the Chinese legal system, especially the vague and ambiguous statutes which regulate zone activities.

The Light At The End Of The Tunnel: The Hague Convention On International Child Abduction Has Reached Capitol Hill, Lawrence H. Stotter

UC Law SF International Law Review

Parental child abduction has been on the increase in recent years, both within the United States and abroad. This Article considers the impact on this problem of the United States recent ratification and expected implementation of the Hague Convention on International Child Abduction. In addition, the author analyzes the relationship between the Child Abduction Convention and various domestic statutes, including the federal Parental Kidnapping Protection Act and the Uniform Child Custody Jurisdiction Act, which has been enacted in all 50 states.

Images From Abroad: Making Direct Broadcasting By Satellites Safe For Sovereignty, Joel R. Paul

UC Law SF International Law Review

Today, with the use of Direct Broadcasting Satellites (DBS), television programs can be sent from one end of the globe to the other. This new technology has created a conflict between Western nations that wish to broadcast programs internationally and the Soviet Union and less developed countries that wish to restrict the flow of Western information into their territories. This Article analyzes this conflict and considers various suggested regulatory approaches.

Japanese Companies On United States Soil: Treaty Privileges Vs. Title Vii Restraints, Matthew Orebic

UC Law SF International Law Review

In a treaty entered into before domestic civil rights legislation was enacted, the United States granted Japanese companies doing business in the United States an unconditional right to hire upper-level management of their choice. Because many Japanese companies choose only to hire Japanese citizens for their upper-level management positions, a conflict exists between the rights granted under the treaty and the mandates of Title VII of the Civil Rights Act. This Note examines this conflict and the attempts made by the Second and Fifth Circuits and the United States Supreme Court to reconcile treaty rights and ostensible Title VII violations.

Professor William J. Riegger--A Man Who Had A Gift With People, James R. Mccall

UC Law SF International Law Review

No abstract provided.

Aviation Deaths On The Seas: The Flight Into Maritime Law, Moris Davidovitz

UC Law SF International Law Review

The awkward and unsatisfactory application of maritime principles to aviation issues has created many problems for practitioners. A particular area of difficulty is the assessment of the rights and liabilities arising from aviation deaths on the seas. This Article sets forth a method of analysis to assist the practitioner in evaluating and litigating a wrongful death claim in light of the various remedies available. Specifically, the Article examines whether United States or foreign law should apply to a particular claim, which body of law should apply to a claim in a particular jurisdiction, and various substantive and procedural advantages and …

Enforcement Of United States Default Judgments In Spain, The, Orlando A. Gonzalez-Arias

UC Law SF International Law Review

No abstract provided.

Finders Keepers--The Titanic And The 1982 Law Of The Sea Convention, Cynthia Furrer Newton

UC Law SF International Law Review

The recent discovery of the Titanic some 500 miles off the coast of Canada has given rise to the question of who now "owns" the sunken vessel. This Note discusses the possible ownership rights to the Titanic within the framework of current international law. First, the author examines the customary international law of salvage and of finds, and identifies the inherent conflicts between the two doctrines. The author then discusses the effect of the 1982 Law of the Sea Convention, paying particular attention to its novel provisions regarding Objects of an Historical and Archeological Nature (OHANs). The author attempts to …

Nationhood, International Obligation And Federal Structure: An Historical Overview Of The Australian Experience, David D. Knoll

Penn State International Law Review (1982 - 2011)

This article focuses on the interrelationship between the Commonwealth Government of Australia and the Australian state governments with regard to external affairs.

Simultaneous Rediffusion By Cable Television Operators In Canada And The Problems Of Nonpayment Of Copyright Royalties, Larry Seidenberg

Penn State International Law Review (1982 - 2011)

This Article surveys a controversial issue involving both Canadian and United States copyright interest groups. Simultaneous rediffusion involves the unauthorized reception and retransmission or rediffusion of copyrighted United States broadcast programming by foreign cable television systems. The issue has important ramifications for a future revision of the copyright by the Canadian Parliament as indicated in the Revision of Copyright Subcommittee Report of October 1985 and is useful to an examination of United States copyright principles and the international role of the United States in copyright.

This author's conclusion is that compulsory license for simultaneous rediffusion of broadcast signals is a …

Insuring Investment And Loans Against Currency Incovertibility, Expropriation, And Political Violence, Robert B. Shanks

UC Law SF International Law Review

No abstract provided.

Using Political/Credit Risk Insurance To Maximize Financing Opportunities, Susan Mashkes

UC Law SF International Law Review

No abstract provided.

Protecting Against Incovertibility And Transfer Risk: An Outline Of Trade Financing Programs Of The Export-Import Bank Of The United States, Karen Hudes

UC Law SF International Law Review

No abstract provided.

Terrorists And Special Status: The British Experience In Northern Ireland, Jay M. Spillane

UC Law SF International Law Review

The political and social fragmentation of Northern Ireland is well known, and the violent tactics employed by some members of the warring communities are infamous. This Note examines the conflict between Britain's treatment for politically motivated criminals in Northern Ireland and the human rights guarantees provided in various international conventions. The author concludes that politically motivated terrorists are now treated differently from other criminals and, accordingly, should be accorded the status of "special prisoners," with corresponding human rights protections.

Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, 7 Nw. J. Int'l L. & Bus. 433 (1986), William B.T. Mock

UIC Law Open Access Faculty Scholarship

No abstract provided.

Acquiring And Utilizing Political Risk Insurance: A Practitioner's Perspective, Peter R. Gilbert

UC Law SF International Law Review

No abstract provided.

The High Utility Of Fcia Insurance To Banks In Financing Trade, Robert Chapman

UC Law SF International Law Review

No abstract provided.

Outline Of Settling Claims: The Iranian Experience, Haig J. Shalvarjian, Harlan M. Richter

UC Law SF International Law Review

No abstract provided.

Aids Quarantine In England And The United States, Ronald Elseberry

UC Law SF International Law Review

Acquired immune deficiency syndrome (AIDS) has become a world health crisis. As the AIDS menace continues to grow and popular fears of AIDS mount, national governments worldwide are struggling to create legislative programs to stop the spread of the disease. This Note focuses upon the suggested solution of quarantining AIDS patients and carriers. The author first examines the checkered history of quarantine as a public health solution. Then the author compares and contrasts existing English and American laws which might be applied to quarantine AIDS patients and carriers. The emphasis is on the relative efficiency of such measures and the …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

THE WORLD OF SCIENCE AND THE RULE OF LAW

By John Ziman, Paul Sieghart, and John Humphrey

New York: Oxford University Press, 1986. Pp. viii, 343. $37.00

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ESSAYS ON INTERNATIONAL LAW

By Stuart S. Malawer

Buffalo: William S. Hein & Co., 1986. Pp. ix, 201. $35.00

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THE IMF IN A CHANGING WORLD, 1945-85

By Margarett Garritsen deVries

Washington: International Monetary Fund, 1986. Pp. x,226

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SOVIET LAW AND SOVIET REALITY

By Olimpiad S. Ioffe

Dordrecht: Martinus Nijohoff Publishers, 1985. Pp. vi, 234

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SWITZERLAND'S ROLE AS AN INTERNATIONAL FINANCIAL CENTER

By Benedicte Vibe Christensen

Washington: International …

The Role Of Efficiency Justifications In U.S.-American And West German Merger Control Law: A Comparison, Christian Westerhausen

LLM Theses and Essays

When merger control laws first emerged in the United States and West Germany in the early 1900s, some businessmen and economists argued that the efficiency of businesses was impeded by antimerger laws. They contended that only very large businesses could realize significant efficiencies, be internationally competitive, and attain technological progress. This paper analyzes the role that these efficiency arguments had on the laws in West Germany and the United States, respectively. German law mainly upheld the idea that preservation of competition was most important for business efficiency, but also included a provision that firms could put forward the social desirability …

The Rio De Janeiro Treaty: Genesis, Development, And Decline Of A Regional System Of Collective Security, F. V. Garcia Amador

University of Miami Inter-American Law Review

No abstract provided.

Teaching Human Rights Law, Howard R. Berman

Journal of Legal Education

No abstract provided.

Algunos Aspectos Prácticos Del Litigio Internacional En Los Tribunales De La Florida, Angel Castillo Jr.

University of Miami Inter-American Law Review

No abstract provided.

Proposed Florida International Arbitration Act, Carlos E. Loumiet, Juan T. O'Naghten, Alan C. Swan

University of Miami Inter-American Law Review

No abstract provided.

Exclusionary Rules In France, Germany, And Italy, Walter Pakter

UC Law SF International Law Review

This Article compares the use of exclusion to deal with evidence obtained through coerced confessions, statements made prior to administration of a "right to silence" warning and through illegal searches and seizures. Despite the existence of statutory penalties to deal with police misconduct in interrogations and searches, European legislatures and courts have turned to exclusion to respond to abuses in these areas. The author examines first the historical background and then recent statutes and decisions introducing exclusion. France has declined scholarly suggestions that irregular interrogations be sanctioned by exclusion. Germany introduced statutory exclusion in reaction to civil liberties abuses under …

Deliberate Environmental Releases Of Genetically Modified Organisms: A Comparative Analysis Of British And United States Regulations, Michael V. Fancher

UC Law SF International Law Review

Today genetically engineered products are being designed for uses outside the contained environment of the laboratory. Because of fears over the possible consequences of releasing new organisms into the environment, both the United States and Great Britain are taking steps to try to ensure that such releases will be safe. This Note examines the regulatory schemes of those two countries and concludes that additional changes must still be made if comprehensive oversight of the field is to be achieved.