Comparative and Foreign Law Commons^™

Anatomy Of A Dispute Clause: Intergovernmental Arbitration Under The Spacelab Agreement, Mary M. Lovik

UC Law SF International Law Review

Using the dispute resolution clauses in the Agreement for a Cooperative Programme Concerning the Development of a Space Laboratory between the United States and the member governments of the European Space Agency, this Note examines the basic issues presented under international law when a dispute between states is submitted to arbitration. These issues include the jurisdiction of the tribunal, the applicable law, the constitution of the tribunal, and the subject matter of the dispute. The discussion also considers the requirements for submitting an intergovernmental dispute to arbitration under United States domestic law, focusing primarily on the use of executive agreements …

The Family Affinities Of Common-Law And Civil-Law Legal Systems, Craig M. Lawson

UC Law SF International Law Review

Common law and civil law are generally regarded as being within the small number of major legal systems in the world today. Recent scholarship has indicated, however, a substantial merger of these two systems. The author shows that although still distinct, common law and civil law are converging members of a single larger legal system, which he terms the Western liberal democratic legal family. Although the similarities between these two branches are numerous, the larger Western liberal legal systems are now dominated by public law.

In Anticipation Of Subterrestrial Delimitation, D. S. Avery

UC Law SF International Law Review

The interior of the earth has scarcely been touched upon in jurisprudence. Although the principle of dominion under land by the owner of surface property has been in existence since the time of Roman law, the need to address the question of who owns inner-earth is long overdue. This Article attempts to answer that question by examining modem delimitation theories that have been applied to the oceans and the atmosphere within the context of the physical interior of the earth. The author suggests the use of the Mohorovicic discontinuity for inner-earth delimitation and invites further inquiry from scholars, scientists, and …

Embedding Policy Statements In Statutes: A Comparative Perspective On The Genesis Of A New Public Law Jurisprudence, R. Grant Hammond

UC Law SF International Law Review

Despite the recent development of embedding policy statements or declarations into statutes, there has been a lack of general commentary on this technique of formulating legislation. This Article draws attention to this development and analyzes its potential significance. By examining some examples in the United States, Canada, and New Zealand, the author attempts to demonstrate how the technique may be a functional vehicle for a large-scale declaration of legislative and public policy objectives.

The Close Corporation's Counterparts In France, Germany, And The United Kingdom: A Comparative Study, Mark R. Von Sternberg

UC Law SF International Law Review

The GmbH in Germany, the SARL in France, and the British "private company" may be considered counterparts to the close corporation in the United States. The theories of organization of these foreign concerns are a combination of contractual norms, partnership principles, and some corporation law principles. This Article analyzes the three types of corporate organization in terms of development, structure, and management. The Article concludes with a brief comparison of the three concerns and their "public" company counterparts.

Liability For Transnational Pollution Caused By Offshore Oil Rig Blowouts, William N. Hancock, Robert M. Stone

UC Law SF International Law Review

With man's quest for fossil fuels reaching into the depths of the ocean, the possibility of accidents occurring with transnational results increases. The 1979-1980 Bay of Campeche oil spill provides a graphic example of the pollution that can occur in trying to extract fossil fuels from the sea. The authors examine the basis for liability of a polluting state in international law and some of the difficulties in enforcement.

Accession To The European Economic Community: The Harmonization Of Spanish Corporation Law, Richard Maggio

UC Law SF International Law Review

Spain's full membership in the European Economic Community is under negotiation. As accession to the EEC becomes more likely, the harmonization of internal Spanish laws with the laws of the community becomes of increased concern. This Note focuses on the process of harmonization in the area of corporation law. In particular the author examines the first four EEC company law directives and compares the analogous Spanish provisions to them in determining the issues that will arise under Spanish law.

An Overview Of Inbound Foreign Investment, Michael W. Berwind

UC Law SF International Law Review

No abstract provided.

Foreign Investment In Real Property Tax Act Of 1980, Richard Eigenbrode

UC Law SF International Law Review

No abstract provided.

Comparative View Of The Law Of Trademarked Generic Words, A, Ralph H. Folsom, Larry L. Teply

UC Law SF International Law Review

Legal systems that enforce exclusive rights to words claimed as trademarks face two common problems: the trademark may degenerate into a generic word for the product, and a manufacturer may try to restrict a generic product name from the public domain by various means. Difficult questions must be confronted when the trademark claimant seeks to enforce the generic word. The authors compare the approaches that have been taken by the United States and four Commonwealth countries, all of which have evolved very different common-law and statutory solutions. The Article concludes that although there are shortcomings in American law, they are …

Orderly Marketing Agreements: Analysis Of United States Automobile Industry Efforts To Obtain Import Relief, Liberty Mahshigian

UC Law SF International Law Review

The fundamental trade policy of the United States is set forth in the Trade Act of 1974, which includes procedures for implementing import relief. Petitions for such relief are submitted to the International Trade Commission, and a recommendation is made to the President upon an affirmative finding. A negative determination by the International Trade Commission, however, presents some problems with which the Trade Act is not equipped to deal. This Note analyzes these problems in the context of the situation surrounding the importation of Japanese automobiles in 1980, in which the Commission determined that import relief was not warranted. The …

Tax Aspects Of Foreign Investment--Introduction, Kevin K. Takeuchi

UC Law SF International Law Review

No abstract provided.

An Overview Of Inbound Foreign Investment, Michael W. Berwind

UC Law SF International Law Review

No abstract provided.

Income Effectively Connected With A United States Trade Or Business Or Attributable To A Permanent Establishment, Frederick R. Chilton Jr.

UC Law SF International Law Review

No abstract provided.

United States Taxation Of U.S. Corporations Operating Overseas, Zoltan M. Mihaly

UC Law SF International Law Review

No abstract provided.

Tax Aspects Of Currency Fluctuations, John P. Mcdonnell

UC Law SF International Law Review

No abstract provided.

Section 385 Regulations: New Perspectives On Debt Vs. Equity In International Transactions, Steven J. Cohen

UC Law SF International Law Review

No abstract provided.

An Overview Of Outbound Foreign Investment, John P. Mcdonnell

UC Law SF International Law Review

No abstract provided.

Zenith Radio Corp. V. Matsushita Electrical Industrial Co.: Interpreting The Antidumping Act Of 1916, Phillips B. Keller

UC Law SF International Law Review

The prevention of "dumping"-selling products on the United States market at artificially low prices-has become a key issue in the international marketplace. The Antidumping Act of 1916 is designed to protect domestic industries from this predatory price discrimination by foreign firms, but this remedial provision has been invoked rarely. This Note analyzes a recent district court case that dismissed most of the plaintiffs' arguments brought under the Act, due to "minor" technical differences between the domestic and foreign products. The author concludes that the court's decision is contrary to Congressional intent and advocates the adoption of a flexible standard for …

The Availability Of A Jury In Federal Courts: Suits Against Foreign Sovereign-Owned Instrumentalities, Martha M. Podolak

UC Law SF International Law Review

Three recent circuit court decisions concluded that there is no right to a jury trial for a foreign sovereign-owned corporate entity under the Foreign Sovereign Immunities Act. The issue seems unsettled, however, due to a strong dissent in one of these cases and four contrary district court opinions. This Note argues that the circuit court cases were wrongly decided, not because of a misreading of congressional intent, but rather because the Foreign Sovereign Immunities Act violates the Seventh Amendment right to jury trial in civil cases. Furthermore, the circuit courts failed to properly distinguished between a foreign sovereign and its …

An Overview Of Outbound Foreign Investment, John P. Mcdonnell

UC Law SF International Law Review

No abstract provided.

The Importance Of Tax Treaties, David S. Foster

UC Law SF International Law Review

No abstract provided.

The Foreign Tax Credit, James P. Fuller, Frederick R. Chilton Jr., Ronald B. Schrotenboer

UC Law SF International Law Review

No abstract provided.

The Spanish Constitution Of 1978: Legislative Competence Of The Autonomous Communities In Civil Law Matters, Juan C. Palau, Jose W. Fernandez

Vanderbilt Journal of Transnational Law

The Spanish Constitution of 1978 had to deal with the issues that emerged with the advent of a democratic regime following the death of General Francisco Franco in 1975. Political pluralism, the relationship between church and state, and the official language of the Spanish state were among the dilemmas facing the Constitutional Commission. Yet the historically sensitive issue of the autonomy of the Spanish regions proved to be the most troublesome. Title VIII of the Constitution provides a political compromise in resolution of this issue although scholars and politicians, including some constitutional draftsmen, have criticized the ambiguity of this title. …

Book Reviews, Journal Staff

Vanderbilt Journal of Transnational Law

Israel and Palestine--Assault on the Law of Nations by Julius Stone.

Baltimore: The John Hopkins University Press. 1981. Pp.223. $17.50.

Reviewed by Barry Hart Dubner

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Treatise on Air--Aeronautical Law. Nicolas Mateesco Matte.

Toronto: The Carswell Co. Ltd., Pp. 832.

Reviewed by John M. Lindsey

The Law Of The Sea Conference And Development: Food And Energy Resources, Bernard H. Oxman

University of Miami Inter-American Law Review

No abstract provided.

Introduction, Soia Mentschikoff, Alan C. Swan

University of Miami Inter-American Law Review

No abstract provided.

Reflections On Dames & Moore V. Regan And The Miami Conference, Alan C. Swan

University of Miami Inter-American Law Review

No abstract provided.

Japanese Americans And Central European Jews: A Comparison Of Post-War Reparation Problems, Mary Reiko Osaka

UC Law SF International Law Review

In 1980, Congress established a commission to investigate whether a wrong was committed by the evacuation and internment of Japanese Americans during World War II. The investigation may provide the basis for making reparations to the Japanese Americans involved. The Note compares remedies made available by the Federal Republic of Germany for the extermination and displacement of Jews during World War II with past and possible future remedies for the Japanese Americans. The Note concludes that the precedent set by the Federal Republic of Germany of making reparation on the basis of a moral obligation should be followed by the …

Political Offenses In Extradition: Time For Judicial Abstention, James G. Clark

UC Law SF International Law Review

Since the courts have been unable to develop a workable test to distinguish between political and non-political offenses, this Note argues for a clear division between the roles of the judiciary and the executive in extradition proceedings. This division-of-responsibility approach would have the judiciary determine probable cause and the sufficiency of evidence to sustain a charge against an accused while the determination of the political or non-political character of an offense would be left to the State Department. The Note argues that had this approach been adopted, recent extradition decisions could have reached harmonious results.