Comparative and Foreign Law Commons^™

The Domestic Application Of International Human Rights Law: Evolving The Species, Jeffrey Hadley Louden

UC Law SF International Law Review

International human rights law may give rise to domestically enforceable rights. The Note traces the evolution of international human rights law, and examines the cases in which international human rights law has been applied as authority in United States courts. One obstacle to widespread domestic application of international law is a subjective approach to "self-executing treaty analysis" used by some courts. The Note urges a re-evaluation of the self-executing treaty analysis as applied to changing international human rights law, and suggests that treaties should be evaluated on the basis of the express treaty language, and not on the basis of …

On Reviewing The Right To Fair Procedure, Henry Maxwell Rigney

UC Law SF International Law Review

This Article attempts to identify due process with natural justice and examines the rehabilitation of natural justice in United States administrative law. The Article opens with a discussion of the development of due process in the United States, followed by an examination of the Commonwealth natural justice law. Sources of natural justice in the United States are reviewed, and the author concludes that due process is only a specific application of the natural justice requirements for the right to a fair hearing.

Income Tax Consequences Of Expatriation, James Wm. Clement

UC Law SF International Law Review

One possible method of reducing United States income tax liability is to expatriate, or renounce United States citizenship, and be taxed as a nonresident alien. However, there is a degree of tax planning necessary to accomplish a reduction or elimination of income taxation of the expatriate. This Note discusses techniques that can be used to accomplish this favorable tax treatment.

International Law And Community Treaty-Making Power, Hans Van Houtte

Northwestern Journal of International Law & Business

The European Community, in addition to its power within the Community, may negotiate and conclude agreements with states and other international organizations. In his article, Mr. van Houtte examines the Community's utilization of its treaty-making powers under community law as well as under international law. He concludes that the Community will attain full international status when it utilizes its treaty-making power completely and assumes full and exclusive responsibility for it.

The Reform Of The French Procedural Law On Arbitration: An Analytical Commentary On The Decree Of May 14, 1980, Thomas E. Carbonneau

UC Law SF International Law Review

On May 14, 1980, Articles 1005 and 1028 of the French Code of Civil Procedure were replaced with a decree instituting fifty new provisions regulating French arbitral practice. The decree responds to many of the criticisms of the former legislation, confers new status to arbitral awards and restructures the body of applicable law into a coherent and intelligent whole. This article begins with an outline of some of the policy considerations which led to the enactment of the decree and its substantive provisions. The article proceeds by analyzing the new provisions concerning French domestic arbitration, in the order in which …

The Role Of Statutory Regulation Of Public Service Ethics In Great Britain And The United States, Robert G. Vaughn

UC Law SF International Law Review

Two areas of controversy, post-employment limitation of former public servants and whistleblower protection of public servants, provide insight into the differences between the American and British experience in controlling public service ethics. This article compares the American system of ethical controls in the public service through statutory regulation to that of the British system, which relies on limited informal sanctions. The author suggests that the British system of controls, which relies greatly on self-restraint of individual civil servants, provides an opportunity to examine the role of law in the establishment and preservation of public service ethics in the United States …

Archipelagos And Archipelagic States Under Unclos Iii: No Special Treatment For Hawaii, Nancy Barron

UC Law SF International Law Review

The "special status" provisions of the Law of the Sea Treaty are limited to "archipelagic states" and a broad interpretation of the provisions to include archipelagos may directly conflict with the interests of large maritime powers to maintain freedom of the High Seas. This Note uses Hawaii as a focal point and discusses the competing policy issues as well as analyzing pertinent provisions of the Treaty in reaching the conclusion that no special status will be accorded the State of Hawaii.

Comparative Study Of U.S. And West German Political Finance Regulation: The Question Of Contribution Controls, Thomas F. Gede

UC Law SF International Law Review

The role of money in politics is of almost universal concern in Western representative democracies. Each nation addresses different considerations and has devised various means with which to regulate the political financing process. Against this framework, the Note examines the regulations and controls in the United States and West Germany. While the United States has developed an extensive body of regulations designed to strictly control political contributions, West Germany has only certain disclosure requirements of contributions greater than a specified amount. The Note concludes with an analysis of both systems and their respective concerns.

Nepa, Nukes And Non-Proliferation: Clarifying The Transnational Impact Statement Mandate In Nuclear Export Licensing, Edward Joseph Krauland

UC Law SF International Law Review

To what extent does the National Environmental Policy Act (NEPA) govern transnational exchanges particularly in the area of commercial nuclear exports? In this article, the author details the theoretical and practical integration of various statutory mandates in a search for a coherent United States policy regarding nuclear exports and environmental protection. NEPA and the Nuclear Non-Proliferation Act of 1978 are of special interest in understanding to what extent United States licensing criteria should include examination of foreign environmental impacts.

The Export Trade Association Act Of 1981--A Brief Analysis, Daniel T. Murphy

UC Law SF International Law Review

Senate Bill 144 is designed to "encourage exports by facilitating the formation and operation of export trading companies, export trade associations, and the expansion of export trade services generally." The author briefly discusses the current state of the law and the need for an amendment of the Webb-Pomerene Act. The provisions of S. 144 are compared with the Webb Pomerene Act and the article concludes with a discussion of the potential ramifications of the proposed legislation.

Copyright Protection For Firmware: An International View, Amy Pierson Bates

UC Law SF International Law Review

The author discusses methods of protecting computer firmware from competitors. The Note focuses on patent, copyright, trade secret, and other forms of protection in Japan, West Germany, and the United States. In particular the author discusses the terms of several present and proposed international agreements to provide protection for computer firmware.

Supra-National Judicial Decisions And National Courts, Hermann Mosler

UC Law SF International Law Review

International judicial decisions have been gaining increasing importance, and there is a trend in favor of the application of international law in the national sphere of jurisdiction. Justice Mosler of the International Court of Justice discusses at length the various supra-national courts of universal, regional, and specialized jurisdiction. The Article continues with an analysis of the relationship between national and supra-national courts, forms of supra-national judgments, and the effect of these judgments on the national judiciary of the states party to the action and on non-party states. Finally, the relevance of multilateral treaty systems to the enforcement of international judgments …

The Significance Of Comparative Law For Criminal Law Reform, Hans-Heinrich Jescheck

UC Law SF International Law Review

The trend of criminal law reform must be examined against the changing attitudes towards crime. This perspective views crime as a display of social conflict which can be resolved through criminal law sanctions. The Article discusses how comparative law is a backdrop for the reform movement on the international, regional, and individual institutional levels. The significance of comparative law is illustrated throughout by specific examples of reform on each level.

Appellate Subject Matter Organization: The German Design From An American Perspective, Daniel J. Meador

UC Law SF International Law Review

Growth in the appellate caseload in the United States has caused a substantial increase in the number of judges and decisional units within a given appellate system. The author notes that a new judicial structure and procedure may be necessary to accommodate this growth. One possible solution is subject matter organization of the courts, a system used in the Federal Republic of Germany. The Article outlines the West, German judicial system, and explains in detail the administration of subject matter organization on the appellate level. The author concludes with a discussion on the possibility of using the German model as …

Nuclear Power And Non-Proliferation: The View From Brazil, James P. Rowles

Vanderbilt Journal of Transnational Law

This article contains a hypothetical memorandum written by a hypothetical Brazilian policymaker, together with a hypothetical draft Brazilian proposal for the establishment of an International Plutonium Storage regime. None of these materials should be interpreted as a statement of policy by any Brazilian official or by the Republic of Brazil...

This article consists primarily of a hypothetical review memorandum written for Brazilian President Joao Baptista Figueiredo by a hypothetical Brazilian policymaker offering advice on two issues of immediate concern to Brazil. The first involves proposals for the establishment, under International Atomic Energy Agency (IAEA) auspices, of an International Plutonium Storage …

Reference Manual On Doing Business In Latin America. Edited By Donald R. Shea, Frank W. Swacker, Robert J. Radway, And Stanley T. Stairs., Rafael C. Benitez

University of Miami Inter-American Law Review

No abstract provided.

A Comparative Study Of Victim Compensation Procedures In France And The United States: A Modest Proposal, Patrick Campbell

UC Law SF International Law Review

This article examines victim compensation laws and compares the civil law approach, as exemplified by the French action civile, to the common law approach, as exemplified by the California statutory scheme. The author proposes a hybrid system as the best method of solving problems sought to be addressed by victim compensation laws.

Energy Contract Planning: Allocating The Risks And Consequences Of Commercial Impracticability, Norman R. Prance

UC Law SF International Law Review

Increasing energy shortages and resulting disruptions in energy supplies demand that supply contracts provide for contingencies that may render performance commercially impracticable. Proceeding upon the assumption that energy contracts are within Article 2 of the Uniform Commercial Code, the author examines Section 2-615, which deals with commercial impracticability. Concluding that Section 2-615 alone may inadequately express the intentions of the parties to the contract and that Section 2-615 may be amended or supplanted by contractual clauses, the author proposes contractual provisions that improve upon the treatment of commercial impracticability in Section 2-615.

Energy And The North American Community: Canada, Mexico, And The United States, Mark S. Adams, Barry Steiner

UC Law SF International Law Review

This paper presents a discussion of the need for and the possible forms of the North American Community. It begins with a discussion of the value of such an organization in terms of the existing relationship among the North American countries. The second section discusses the goals of the Community. The paper concludes with an analysis of two possible forms for the organization and rejects a common market for economic, political, and legal reasons. Instead, the paper offers the idea of cooperative organization, one which stresses equality and unanimity, as the most appropriate form for the North American Community.

Legal Analysis Of The Sino-Soviet Frontier Disputes, Luke T. Chang

UC Law SF International Law Review

In the 1960's the Western World became aware of the border disputes between Russia and China, the origins of which trace back to four 19th Century treaties dealing with the Sino-Soviet border. The author explores the legal positions adopted by China and Russia regarding the "inequality" of these treaties, from the turbulent 1960's to the present, and analyzes the future prospects for Sino-Soviet reconciliation.

Terrorist Acts--Criminal Or Political Infractions--An Appraisal Of Recent French Extradition Cases, Thomas E. Carbonneau

UC Law SF International Law Review

Extradition of transnational terrorists is a legal method of dealing with the dilemma of terrorism. A typical extradition treaty contains, however, a "political offense" exception under which the request for the extradition of an individual will be denied when the crime with which he is charged constitutes a "political offense." The judicial offense recognizes that terrorist crimes are outside the purview of the political offense exception. This article examines the development of French jurisprudence on the extradition of transnational terrorists, focusing upon whether terrorist acts can be considered as political offenses and thus exempt from extradition.

Religion And Religious Law In The Quest For Marital Harmony: Developments In The Jurisprudence Of Contemporary Canon Law, William W. Bassett

UC Law SF International Law Review

Canon law of the* Roman Catholic Church has undergone a transformation in the 20th Century. One area of great change is the church's conception of marriage. The author reviews the basis for the church's new views and the effect of these views on Catholic marriages and divorces.

Liability For High Seas Oil Pollution Cleanup Costs: Domestic And International Provisions, Gerald Clausen

UC Law SF International Law Review

Recent years have witnessed an increase in both domestic and international concern over vessel source oil pollution of the world's oceans. This note explores the similarities and differences between a multilateral treaty. rejected by the United States and a statute passed by Congress in the treaty's stead which impose liability on oil tanker owners for the cost of cleaning up oil spilled on the high seas.

Liability Of Natural Gas Transmission Line Operators: United States And Canadian Theories Of Liability For Gas Transmission Line Accidents, William D. Whiteman

UC Law SF International Law Review

This note discusses and compares the liability of natural gas transmission line operators in the United States and Canada. Due to the scarcity of pertinent statutes, the emphasis is on the common law. The author concludes that despite different approaches, an operator in either country will in most situations be liable only for his negligent acts.

Civil Judgment Recognition And The Integration Of Multi-State Associations: A Comparative Study, Robert C. Casad

UC Law SF International Law Review

Mutual recognition and enforcement of civil judgments plays an essential role in the integration of multi-state associations. The author compares the effectiveness of three such systems: The European Economic Community, the United States, and Central America under the Bustamante Code.

Judicial Review In Japan, Herbert F. Bolz

UC Law SF International Law Review

Since World War H, intense controversy has surrounded the question of the degree to which Article 9, the "peace clause" of the Japanese Constitution, forbids the maintenance of military power by Japan. Many commentators have criticized the Japanese Supreme Court for its "remarkable" reluctance to exercise its power of judicial review, especially regarding Article 9. The author focuses on social, historical, and political factors that have impeded the development in Japan of powerful American-style judicial review, and on postwar influences that have nonetheless gradually increased the use of judicial review. The author contends that the Japanese Supreme Court's restrained use …

Marital Property Law In England And California: A Comparative Study And Critique, Angela M. Bradstreet

UC Law SF International Law Review

In 1975, California recognized the equal status of men and women with its equal management and control provisions. By comparison, English law is premised upon a separation of property system, which operates irrespective of marital status. This article compares and contrasts the various rights of spouses to marital property in England and California. Beginning with a brief historical overview, the author proceeds to examine the respective property rights of the spouses from the inception of the marital relationship to its termination. The author concludes by highlighting some of the present strengths and weaknesses of the English and California Systems.

Comparative Law As Basic Research, Jerome Hall

UC Law SF International Law Review

This article begins with a critique of the present methods of comparative criminal study. Specifically, the author contends that comparative study often focuses on rules of law, as opposed to their functions. The author suggests that there should be a scientific approach to comparative criminal studies, e.g., the use of his theory of the interrelations of "rules," "doctrines," and "principles"; this satisfies the scientific requirement of "system." The author concludes that the subject matter of comparative criminal study should be "law-as-action," i.e., action expressing the coalescence of rules of law, values and manifested behavior.

The Hamburg Rules: A Comparative Analysis, Daniel E. Murray

University of Miami Inter-American Law Review

No abstract provided.

The Proposed New International Economic Order: A New Approach To The Law Governing Nationalization And Compensation, F. V. Garcia Amador

University of Miami Inter-American Law Review

No abstract provided.