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Articles 5611 - 5640 of 5761
Full-Text Articles in Comparative and Foreign Law
Inter-American Legal Developments, Rafael C. Benitez
Inter-American Legal Developments, Rafael C. Benitez
University of Miami Inter-American Law Review
No abstract provided.
Marine Scientific Research Amid Troubled Political Waters, Thomas John Scotto
Marine Scientific Research Amid Troubled Political Waters, Thomas John Scotto
UC Law SF International Law Review
The sixth session of the Third United Nations Conference on the Law of the Seas concluded last summer. This author takes a critical look at the trend in the negotiations to date and its repercussion on the conduct of marine scientific research.
The Composite Text And Nodule Mining--Over-Regulation As A Threat To The Common Heritage Of Mankind, Theodore M. Beuttler
The Composite Text And Nodule Mining--Over-Regulation As A Threat To The Common Heritage Of Mankind, Theodore M. Beuttler
UC Law SF International Law Review
The future of international regulation of the deep seabed has been jeopardized by the Informal Composite Negotiating Text. The author explains why the production restrictions within the text are unduly harsh and overprotective of land-based mineral producers.
United States Policy Regarding Recognition Of Foreign States, Randall S. Leff
United States Policy Regarding Recognition Of Foreign States, Randall S. Leff
UC Law SF International Law Review
Recognition is the act whereby the executive of a nation formally acknowledges the existence of a new state or government and determines all of the legal consequences flowing from this act to the new state or government. The author of this note proposes that recognition should be founded upon international legal standards, rather than political considerations.
The 1975 Constitution Of The People's Republic Of China, Chin Kim
The 1975 Constitution Of The People's Republic Of China, Chin Kim
UC Law SF International Law Review
On January 17, 1975, the People's Republic of China adopted a new national constitution. In this article, the author discusses the new constitution in light of its substantive changes from the 1954 constitution, concluding that the basic purpose of the 1975 constitution is to formalize by way of document the political changes which have taken place in the People's Republic of China since 1954.
The New Argentine Foreign Investment Law: An Analysis And Commentary, Thomas W. Studwell, Guillermo Cabanellas
The New Argentine Foreign Investment Law: An Analysis And Commentary, Thomas W. Studwell, Guillermo Cabanellas
UC Law SF International Law Review
The authors guide investors and their attorneys through the complexities of the recently enacted Argentine Foreign Investment Law. The new law is compared and contrasted with previous Argentine foreign investment laws and the laws of other Latin American Countries.
The Application Of Forum Non Conveniens In Maritime Personal Injury Actions Brought By Foreign Seamen In Federal Courts: An Analysis And Reappraisal, Eugene Vincent Flynn
The Application Of Forum Non Conveniens In Maritime Personal Injury Actions Brought By Foreign Seamen In Federal Courts: An Analysis And Reappraisal, Eugene Vincent Flynn
UC Law SF International Law Review
Despite the regularity with which the issue of forum non conveniens is raised by defendants in maritime personal injury actions brought by foreign seamen, no reported case has presented a definitive analysis of the doctrine since the Lauritzen-RhodtLs choice of law method was established by the Supreme Court, In order to fill this void the author first suggests policy reasons which underpin the consistent judicial refusal to dismiss cases controlled by American maritime law. Next the author turns to the application of forum non conveniens in cases controlled by foreign law and discusses relatively recent innovations in law, technology and …
Broach Of Duty: The United States Foreign-Trade Zones Program In Transition, Daniel G. Durbin
Broach Of Duty: The United States Foreign-Trade Zones Program In Transition, Daniel G. Durbin
UC Law SF International Law Review
The concept of the foreign-trade zone has undergone recent change in the United States. Under the founding legislation, foreign-trade zones were defined as areas where goods could be stored temporarily without being subject to many customs regulations. Today, the potential purposes and activities for which a zone can be utilized have been extended. The federal court decision in Armco Steel Corp. v. Stans, legislative amendments and policy statements by the Foreign Trade Zones Board have contributed substantially to this evolution. Certainly, observers of its early form would have difficulty recognizing the modern foreign-trade zone.
Trust & Estate Planning: The Effect Of Soviet Polices On Legacies From Abroad, Claudia Brooks
Trust & Estate Planning: The Effect Of Soviet Polices On Legacies From Abroad, Claudia Brooks
UC Law SF International Law Review
When one attempts to create or administer a money estate or trust in favor of an alien residing in the Soviet Union he or she must be aware of the problems commonly associated with such a gift. This article examines the inheritance laws of California and other states with regard to nonresident alien heirs, and analyzes the past and present attitudes of the Soviet Government toward interitances from abroad intended for its citizens. In addition the author proposes drafting techniques to aid an attorney in creating an effective will or trust instrument for the benefit of a Soviet resident.
A New Constitution For German Big Business: The Co-Determination Act Of 1976, Fritz Rittner
A New Constitution For German Big Business: The Co-Determination Act Of 1976, Fritz Rittner
UC Law SF International Law Review
Designed to change the economic and social life of Germany, the Federal Republic of Germany enacted the Co-Determination Act of 1976. The author of this commentary analyzes the basic content of the Act, outlines its central theme and scope of application and the probable effects of the Act upon the operation of German business enterprises.
Innovation In International Organization: The International Energy Agency, Richard F. Scott
Innovation In International Organization: The International Energy Agency, Richard F. Scott
UC Law SF International Law Review
Responding to the Arab oil embargo of 1973-74 and to the abrupt shift of control over the oil market from the international oil companies to the producer countries, the major oil consuming countries established the International Energy Agency (IEA) on November 15, 1974. This article analyzes the origin, structure and early operations of the lEA. The author concludes that the organization of the IEA demonstrates the ability of oil consuming countries to respond in a constructive, cooperative, and peaceful fashion to the energy challenges of today.
Compelling Contract Performance In France, James Beardsley
Compelling Contract Performance In France, James Beardsley
UC Law SF International Law Review
The threat of a money judgment substantially exceeding provable damages has become the basis of enforcement of specific performance of contracts in France. The author of this article traces the developments in this area and the evolution of the astreinte, which has substantially changed what may be called the law of specific performance of France.
United States V. Hollinshead: A New Leap In Extraterritorial Application Of Criminal Laws, William J. Hughes
United States V. Hollinshead: A New Leap In Extraterritorial Application Of Criminal Laws, William J. Hughes
UC Law SF International Law Review
In United States v. Hollinshead, the defendants were convicted of violating a federal penal statute and subjected to criminal penalties in the United States for the importation of Mayan artifacts illegally exported from Guatemala. The case held, in effect, that articles not characterized as stolen under the laws of the United States may still become the basis for violation of 18 USC § 2314, interstate transportation of stolen property. In his note, the author analyzes the usefulness of this decision in the extraterritorial applications of United States penal laws.
The United States Domestic International Sales Corporation: An Analysis Of Its Objectives And Effects, Bruce William Feuchter
The United States Domestic International Sales Corporation: An Analysis Of Its Objectives And Effects, Bruce William Feuchter
UC Law SF International Law Review
The Domestic International Sales Corporation Act has encouraged exports of United States' products without destructive economic effects outside the country to warrant keeping the Act in effect. The author proposes that its use has been of sufficient value to justify Congressional extension of the life of the Act.
A Code Of Conduct Regulating International Technology Transfer: Panacea Or Pitfall, Marcus B. Finnegan
A Code Of Conduct Regulating International Technology Transfer: Panacea Or Pitfall, Marcus B. Finnegan
UC Law SF International Law Review
Industrialized or developed countries control some of the most valuable, useful and transferable technology in the world. Recognizing the need for the transfer of technology from the larger industrialized nations to the more numerous developing countries, the author of this article examines the difficulties of such transfers and analyzes the proposed codes of conduct to regulate such transactions.
Intergovernmental Maritime Consultative Organization And Tankers: A Case Study In The Effectiveness Of International Maritime Regulation, Robert L. Otsea Jr.
Intergovernmental Maritime Consultative Organization And Tankers: A Case Study In The Effectiveness Of International Maritime Regulation, Robert L. Otsea Jr.
UC Law SF International Law Review
In recent years the world has seen a proliferation of maritime disastors that has resulted in numerous environmentally threatening oil spills. The author examines the problem of international maritime regulation of 'tankers and discusses the role of the Inter-governmental Maritime Consultative Organization (IMCO) as a tool in the regulation of tanker safety and the prevention of oil spills.
The Legal Status Of Foreign Investments In The East African Common Market, T. O. Elias
The Legal Status Of Foreign Investments In The East African Common Market, T. O. Elias
Vanderbilt Journal of Transnational Law
One noticeable development in the field of International Economic Law during the last decade since the United Nations ushered in the new era of an economic world order has been the growing literature on the law of investments, especially in respect to developing economies. International Economic Law itself is a recent specialist off-shoot of general public international law, having been nurtured and popularized as a subject of separate university discipline in its own right within the last 30 years or so by Schwarzenberger among others. Notable, generally, among the specialized studies on international investments law are Worthley's Expropriation in Public …
Inter-American Legal Developments, Rafael C. Benitez
Inter-American Legal Developments, Rafael C. Benitez
University of Miami Inter-American Law Review
No abstract provided.
Latin American Economic Integration, Edward M. Livingston, Richard D. Newman
Latin American Economic Integration, Edward M. Livingston, Richard D. Newman
University of Miami Inter-American Law Review
No abstract provided.
Aviation, L. D. Kent
Aviation, L. D. Kent
University of Miami Inter-American Law Review
No abstract provided.
Inter-American Legal Developments, R. C. Benitez
Inter-American Legal Developments, R. C. Benitez
University of Miami Inter-American Law Review
No abstract provided.
Inter-American Legal Developments, R. C. Benitez
Inter-American Legal Developments, R. C. Benitez
University of Miami Inter-American Law Review
No abstract provided.
International Law In The New Greek Constitution, A. A. Fatouros
International Law In The New Greek Constitution, A. A. Fatouros
Articles by Maurer Faculty
No abstract provided.
The Value Of Comparative Constitutional Law, Donald P. Kommers
The Value Of Comparative Constitutional Law, Donald P. Kommers
Journal Articles
The publication of an English translation of a notable decision by a major foreign tribunal' is a fitting occasion on which to discuss the value of comparative constitutional law as a subject of academic study and as a legal discipline of valid current applicability. When referring to comparative constitutional law, I am speaking mainly of case law and most particularly of judicial decisions handed down by national tribunals empowered to review the constitutionality of legislative and executive acts.
Inter-American Legal Developments, R. C. Benitez
Inter-American Legal Developments, R. C. Benitez
University of Miami Inter-American Law Review
No abstract provided.
The Oceans, Staff Report
The Oceans, Staff Report
University of Miami Inter-American Law Review
No abstract provided.
Recent Cases, G. G. Costas
Recent Cases, G. G. Costas
University of Miami Inter-American Law Review
No abstract provided.
State Responsibility And The Law Of International Watercourses, T. O'C. Holstein
State Responsibility And The Law Of International Watercourses, T. O'C. Holstein
University of Miami Inter-American Law Review
No abstract provided.
Latin American Economic Integration, F. V. Garcia Amador
Latin American Economic Integration, F. V. Garcia Amador
University of Miami Inter-American Law Review
No abstract provided.
Inter-American Commercial Arbitration Revisited, C. R. Norberg
Inter-American Commercial Arbitration Revisited, C. R. Norberg
University of Miami Inter-American Law Review
No abstract provided.