Comparative and Foreign Law Commons^™

Extraterritorial Application Of United States Securities Law: A Matrix Analysis, Marc H. Morgenstern

UC Law SF International Law Review

The antifraud provisions of the Securities Act of 1933 and Securities Exchange Act of 1934 may apply to securities sold exclusively to nonresident aliens. The extraterritorial application of these provisions is allowed only when United States Courts have subject matter jurisdiction over the transaction under principles of international law. Case law examines the relationship among four variables to determine whether United States Courts will assert or deny jurisdiction. This Article proposes a matrix model that uses these four variables to assist in the determination of jurisdiction. The matrix model is a tool which clarifies the variables involved in the jurisdictional …

Conflict Of Laws, Product Liability And The Substantive Law Of New Zealand In Bennett V. Enstrom Helicopter Corp., Patricia Barlow

UC Law SF International Law Review

The Accident Compensation Act (ACA) of New Zealand provides a uniform system of rehabilitation and compensation for personal injury or death resulting from accidents in New Zealand. This Article examines how the private international law provisions of the Act apply in aviation product liability. The Sixth Circuit case of Bennett v. Enstrom Helicopter Corp. is extensively analyzed. The author argues that the trial and appellate courts in Bennett, in holding the ACA has the exclusive remedy, misinterpreted substantive New Zealand law on recovery for injury or death. She mentions that the ACA left areas of "residual liability" and that Bennett …

West German Television Law: An Argument For Media As Instrument Of Self-Government, Christopher Witteman

UC Law SF International Law Review

With the development of cable television, direct broadcast satellite and other new broadcast technologies, television systems throughout the world have been thrown into a period of rapid transition. Against this quickly evolving background the West German Constitutional Court has held for the last 33 years to a vision of television as a catalyst of community and servant of the democratic process. This Note is the first American examination of the legal basis for what has been a public broadcasting monopoly in West Germany. The Note offers a close analysis of the three seminal television decisions of the Constitutional Court, as …

Licensing The Exportation Of Nuclear Materials: Responsibility To The Global Environment, Elizabeth Ann Lawrence

UC Law SF International Law Review

The policy of the United States to supply nuclear power plants and materials to selected foreign nations raises questions concerning environmental concerns, nuclear weaponry problems, and foreign relations considerations. This Note examines the statutory scheme by which Congress has sought to balance these factors and the role of the judiciary in implementing this plan. Specifically, a recent case involving the Nuclear Regulatory Commission's grant of a license for exporting nuclear plant materials to the Philippines is reviewed. The author concludes that this litigation failed to provide adequate guidance for the Commission and for courts in future cases. The author offers …

Since The Breakup: Developments And Divergences In Ancom's And Chile's Foreign Investment Codes, Michael G. Thornton

UC Law SF International Law Review

Chile withdrew from the Andean Common Market (ANCOM) in 1976 and ceased to follow ANCOM's foreign investment code Decision 24. Since that time ANCOM and Chile have effected changes in their foreign investment codes. ANCOM introduced flexibility into Decision 24 which brought the Decision more in line with prevailing economic conditions without altering its basic theoretical outlook. Chile, on the other hand, passed an amendment to its already liberal national foreign investment statute. The amendment further opened the door to unrestricted foreign investment in Chile and has, in the author's view, contributed to a loss of national control over the …

The Political Offense Exception As Applied In French Cases Dealing With The Extradition Of Terrorists, Thomas E. Carbonneau

Michigan Journal of International Law

This article does not attempt to deal with all of the multifarious aspects of contemporary terrorism; its ambition is much more modest in scope, centering upon traditional legal mechanisms and doctrines that can be adapted to deal with terrorism. Using the decisional law of France as an illustrative model, this article analyzes the transnational and political character of terrorist acts and seeks to establish the implications of those characteristics for litigation dealing with the extradition of terrorist offenders. Several assumptions underlie the analysis. First, the effort to repress international crime is seen as a laudable objective of the international legal …

Occupational Safety And Health Law In Sweden And The United States: Are There Lessons To Be Learned By Both Countries, Barbara Jo Fleischauer

UC Law SF International Law Review

The United States and Sweden are both highly industrialized nations whose workers are exposed to similar risks and substances. Thus, the legal problems surrounding worker protection from occupational hazards are similar. Traditions and cultural differences, however, have influenced the direction each country has taken in this area. In light of these differences, the author reviews some recent changes in Swedish occupational safety and health law and examines the important differences between the Swedish and United States approaches. She concludes that although neither country would benefit from the wholesale adoption of the other's program, each could effectively borrow ideas that proved …

Foreign Investment In Cable Television: The United States And Canada, Colin J. Coffey

UC Law SF International Law Review

Canadian ownership and control of United States cablevision systems has steadily increased over the past seven years. This has given rise to heated debate concerning the issue of such alien control. The argument to impose citizenship requirements upon cable ownership centers on present citizenship requirements on common carriers and broadcast licensees, and on the issue of trade reciprocity. Rejecting the reciprocity argument as artificial, the author believes that Congress should impose citizenship requirements on cable television ownership, and that these requirements should be based on the policies and rationale of the Communications Act of 1934, which details the true reasons …

Opportunities In Puerto Rico: Tax Planning Under New Section 936, Steven J. Cohen

UC Law SF International Law Review

No abstract provided.

The Extraterritorial Effect Of Federal Criminal Statutes: Offenses Directed At Members Of Congress, Mark Petersen

UC Law SF International Law Review

In a world of increased tension and open hostility toward the United States and its policies, an attack or assault on a member of Congress traveling abroad is not inconceivable. Section 351 of the United States Criminal Code prescribes penalties for offenses directed at members of Congress including assault, killing, kidnapping, and attempted conspiracies. Section 351, however, is silent as to a court's reach in asserting subject matter jurisdiction. This Note addresses the issue of whether the United States federal courts could obtain jurisdiction over a foreign group or individual who attacked or killed a Congressperson in a foreign country. …

People's Republic Of China's Foreign Enterprises Income Tax Law And Regulations, Anna M. Han

UC Law SF International Law Review

As part of the People's Republic of China's continued effort to strengthen and define its legal system, the Fifth National People's Congress promulgated the Income Tax Law Concerning Foreign Enterprises. This enactment reflected the Chinese Government's recognition that clear tax rules were needed which would assist tax planning by foreign investors. The Law and its accompanying Regulations were designed to fill major gaps in China's taxation system by reaching previously ignored major sources of income. This Article provides a general introduction to the various provisions of the Foreign Enterprise Tax Law and Regulations which remain unclear due to the newness …

United States Antidumping Laws And Chinese Exports To The United States, Clyde Stoltenberg

UC Law SF International Law Review

Less than five months after the United States and China signed an agreement to promote and expand trade an antidumping petition was filed against China. This was one of the first times China had been a party to litigation in the United States since Normalization of relations in 1979. In the future the antidumping issue may be one of the most significant barriers to the development of United States-China trade relations. This article examines the general framework of United States antidumping laws, the key issues which have emerged in proceedings and the antidumping cases decided or pending. It also examines …

The Constitutional Court Reviews The Early Dissolution Of The West German Parliament, Mary Lovik

UC Law SF International Law Review

The December 1982 dissolution of the Bundestag, in order to make way for new elections, was only the second time in the thirty-five year history of the Federal Republic that such an event occurred. The 1949 Bonn Constitution provides severely restrictive provisions regarding early dissolution. The Federal Constitutional Court, however, upheld the dissolution proceedings. This Article investigates the legal issues raised by the early dissolution, and the Constitutional Court's decision as to its constitutionality. It also discusses several proposals which have been made which would amend the Bonn Constitution to permit easier dissolution. The dissolution marked an important milestone in …

Empirical Research About Law: The German Picture With Comparisons And Observations, Robert A. Riegert

Penn State International Law Review (1982 - 2011)

While studying current legal developments in West Germany during the summer of 1979, the author became convinced that the most important development in German law in the past two decades was the movement toward empirical research about law. This research is often referred to by German jurists as fact research in law. During the intervening years, the author has been able to trace dome major developments of this movement.

The principal aim of this article is to furnish information to the American legal community about social-fact research in law resulting from the German experience. Discussion of Germany's experience is appropriate …

Investment And The Andean Pact: From Political Response To Legal Structures To Safe Harbors, Robert Carcano

Penn State International Law Review (1982 - 2011)

The Latin American experience clearly establishes that economic development involves profound social and political change. Despite modernization efforts, economuc benefits eluded Latin American leaders. This fact led to the widespread perception that a new international legal strucure had to be forged if the region's myriad social concerns were to be addressed. Regional economic integration was a necessary first step.

Integration enabled Latin American statesmen to address insurmountable national problems on a regional level. In the Latin American context, however, economic integration efforts became intertwined with the new nationalism. Despite this beginning, the structures that eventually arose formed a relationship which …

British Anti-Discrimination Law: An Introduction, Christopher Mccrudden

Penn State International Law Review (1982 - 2011)

The United Kingdom is a signatory of a number of international treaties protecting various aspects of human rights, including freedom from discrimination. Yet, there is no legislation in this country protecting a comprehensive list of human rights in the manner of the United States Bill of Rights, although there have been a number of unsuccessful atempts to enact such legislation since 1969. Moreover, prior to race relations legislation, there was no general rule, policy or principle in common law directly relevant to combating racial discrimination or incitement to racial hatred.

The inadequacies of the common law and statutes stimulated several …

Comparison Of The U.S.S.R. And United States On The Territorial Sea, Exclusive Economic Zone, And Strait Issues, Erik Franckx

LLM Theses and Essays

This thesis compares the positions of the United States and the Soviet Union on the territorial sea, exclusive economic zone, and straits.

A New Classification Of Law For A Foreign, Comparative, And International Research Law Library, Jan Stepan

Vanderbilt Journal of Transnational Law

The Swiss Institute of Comparative Law seated at Lausanne was established by the federal statute of October 6, 1978. The Institute is envisioned as a center for the "documentation of and research into comparative, foreign, and international law." According to the statute and the implementing decree of December 19, 1979, the Institute serves the following purposes:

(1) to supply federal agencies and the federal administration with material and studies that may be needed for decisions concerning legislation and international treaties; (2) to contribute towards international efforts at the harmonization and unification of law; (3) to provide information and expert opinions …

The Doctrine Of "Effects" And The Extraterritorial Application Of Antitrust Laws, Najeeb Samie

University of Miami Inter-American Law Review

No abstract provided.

An Alternative Justification For Judicial Abstention In Politically Sensitive Disputes Involving Acts Of Foreign States, Eric D. Isicoff

University of Miami Inter-American Law Review

No abstract provided.

Banking Report, Paul A. Lester

University of Miami Inter-American Law Review

No abstract provided.

Aviation Law Report, Carl E.B. Mckenry

University of Miami Inter-American Law Review

No abstract provided.

Brazil

University of Miami Inter-American Law Review

No abstract provided.

Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Latin American Antitrust, Rafael German

University of Miami Inter-American Law Review

No abstract provided.

Regional And International Activities, Isidoro Zanotti

University of Miami Inter-American Law Review

No abstract provided.

The Dominican Republic A Caribbean Crucible By Howard J. Wiarda And Michael J. Kryzanek, Jonathan Russin

University of Miami Inter-American Law Review

No abstract provided.

Books Received

University of Miami Inter-American Law Review

No abstract provided.

Recent Highlights In Brazilian Banking Legislation, Thomas J. Skola, Jose Roberto C. Opice

University of Miami Inter-American Law Review

No abstract provided.

On The Territoriality Principle In Public International Law, Gerhard Kegel, Ignaz Seidl-Hohenveldern

UC Law SF International Law Review

In public international law, the territoriality principle generally means that types of state action directly benefiting the acting state are effective only within the territory of that state. The Article focuses on the concept of this principle and its applicability in the world order with emphasis on the international law of expropriation. The case law in several major countries is summarized to support the argument that territoriality is the test of recognition of certain state acts, particularly expropriation.