Comparative and Foreign Law Commons^™

Redefining Refugee: A Proposal For Relief For The Victims Of Civil Strife, 24 San Diego L. Rev. 449 (1987), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

Viewing the displaced victims of civil strife in El Salvador as a paradigm, this Article examines the predicament of such victims, surveys various solutions purportedly existing under current law, and concludes that the complex mosaic of United States immigration law fails to offer relief or remedy. Moreover, other countries, such as Mexico, do not offer any real assistance. In light of these deficiencies, the Article proposes that current asylum law be amended to redefine "refugee" to include victims of civil strife in order to further humanitarian goals.

The Role Of Contract Law In Developing The Chinese Legal Culture, David A. Hayden

UC Law SF International Law Review

The economic reforms initiated during the past decade in China have created an additional need for legal reforms. One reform which greatly affects commercial transactions between Chinese and foreign entities is the establishment of a legal framework for analyzing contractual relationships. This Article outlines some of the provisions of the Economic Contract Law, which governs contracts between Chinese entities, and the Foreign Economic Contract Law, which governs contracts used in foreign trade. After noting the interdependence of these laws, the author examines the treatment of several issues which are of great concern to foreign businesses, including choice of law, contract …

Evaluation And Reform Of California's Residency Standard, Dana L. Mishne

UC Law SF International Law Review

Under current California law, individuals classified as residents are taxed on their entire taxable income. Nonresidents are taxed only upon income derived from sources within California. This Note initially examines California's current standard for determining residency. The author points out that the current standard provides flexibility, but is too subjective to provide certainty. The author then discusses the current objective standard by which the federal government determines United States residency. In addition, the author suggests a modified version of the federal standard. This version would delete inapplicable provisions, but retain objective tests. In conclusion, the author proposes that California adopt …

Developments In European Product Liability, Ferdinando Albanese, Louis F. Del Duca

Penn State International Law Review (1982 - 2011)

The eight questions discussed in this article are as follows: (1) Why is new legislation needed in the field of product liability? (2) What should be the basis of a new regime of product liability? (3) Who should be liable? (4) What products should be subject to a new regime of product liability? (5) Who should be entitled to sue? (6) What defenses shall be allowed? (7) What damage should be compensated? (8) How long should the producer's liability last?

"It Is Better To Enter A Tiger's Mouth Than A Court Of Law" Or Dispute Resolution Alternatives In U.S.-China Trade, Steven N. Robinson, George R.A. Doumar

Penn State International Law Review (1982 - 2011)

This article examines the influence Chinese attitudes toward law have upon the various methods of dispute resolution in United States-China trade. It concludes that, although reasonably effective mechanisms for the resolution of disputes are available, the primary emphasis of counsel should be to prevent the dispute from occurring through promoting informed negotiation of the original contract.

United States Whale Policy: The Judiciary Casts Its Vote In Favor Of A Moderate Approach, Scott T. Larson

Vanderbilt Journal of Transnational Law

The Supreme Court's decision in Japan Whaling Association temporarily settled the question of whether the United States would pursue whale conservation with a hard line or moderate approach. The Court's decision to affirm the moderate approach will affect United States conservation efforts as well as the IWC's efforts. Conservationists argue that a strict approach to whale protection is the only effective alternative. Current United States policy and law reject that view. Had a full Court adopted a strict conservationist position with Justice Marshall and the other three dissenters, United States whale policy would be markedly different. United States policy would …

Postwar French Foreign Claims Practice: Adjudication By National Commissions-An Introductory Note, Burns H. Weston

Indiana Law Journal

Symposium on International Procedures to Protect Private Rights

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 …

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 …