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Full-Text Articles in Comparative and Foreign Law
The Choice Of Applicable Law In International Arbitration, Vitek Danilowicz
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
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
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
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
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
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
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
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
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 …
Insuring Investment And Loans Against Currency Incovertibility, Expropriation, And Political Violence, Robert B. Shanks
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
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
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.
Acquiring And Utilizing Political Risk Insurance: A Practitioner's Perspective, Peter R. Gilbert
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
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
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
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 …
Exclusionary Rules In France, Germany, And Italy, Walter Pakter
Exclusionary Rules In France, Germany, And Italy, Walter Pakter
UC Law SF International Law Review
This Article compares the use of exclusion to deal with evidence obtained through coerced confessions, statements made prior to administration of a "right to silence" warning and through illegal searches and seizures. Despite the existence of statutory penalties to deal with police misconduct in interrogations and searches, European legislatures and courts have turned to exclusion to respond to abuses in these areas. The author examines first the historical background and then recent statutes and decisions introducing exclusion. France has declined scholarly suggestions that irregular interrogations be sanctioned by exclusion. Germany introduced statutory exclusion in reaction to civil liberties abuses under …
Deliberate Environmental Releases Of Genetically Modified Organisms: A Comparative Analysis Of British And United States Regulations, Michael V. Fancher
Deliberate Environmental Releases Of Genetically Modified Organisms: A Comparative Analysis Of British And United States Regulations, Michael V. Fancher
UC Law SF International Law Review
Today genetically engineered products are being designed for uses outside the contained environment of the laboratory. Because of fears over the possible consequences of releasing new organisms into the environment, both the United States and Great Britain are taking steps to try to ensure that such releases will be safe. This Note examines the regulatory schemes of those two countries and concludes that additional changes must still be made if comprehensive oversight of the field is to be achieved.
The International Law Of Compensation For Expropriation And International Debt: A Dangerous Uncertainty, Kenneth M. Siegel
The International Law Of Compensation For Expropriation And International Debt: A Dangerous Uncertainty, Kenneth M. Siegel
UC Law SF International Law Review
The political and economic conditions existing in many heavily indebted less developed countries (LDC's) may be militating in favor of repudiation of international debts. This Note examines these political and economic factors in relation to international debt, as well as the role of the International Monetary Fund. The Note goes on to examine the current state of international law regarding state responsibility for injury to aliens, to ascertain what protection, if any, it may offer international lenders. The conclusion reached by this Note is that currently there is no generally accepted rule of international law governing the rights of aliens …
Recovery For Mental Harm Under Article 17 Of The Warsaw Convention: An Interpretation Of Lesion Corporelle, Dana Stanculescu
Recovery For Mental Harm Under Article 17 Of The Warsaw Convention: An Interpretation Of Lesion Corporelle, Dana Stanculescu
UC Law SF International Law Review
The Warsaw Convention limits recovery in litigation involving international aircraft accidents. Although the text of the Convention originally was drafted in French, United States courts generally rely on an English translation for interpretation. This Note illustrates potential difficulties based on the use of each of these versions and focuses on the concept of "mental anguish" and its diverging interpretations under the civil-law and common- law systems. The Note concludes that uniformity of interpretation is best served if the French legal meaning of any controverted term is treated as controlling.
State Unitary Tax: The Risk Of Container Corp. Of America V. Franchise Tax Board, Valerie E. Collanton
State Unitary Tax: The Risk Of Container Corp. Of America V. Franchise Tax Board, Valerie E. Collanton
UC Law SF International Law Review
The constitutionality of the states' use of tax apportionment method to tax income of multinational corporations has been disputed for some time. This Note considers the constitutional challenges advanced by domestic corporations with foreign affiliates and the solution provided by the United States Supreme Court. The Note then analyzes whether a different result is warranted in the case of a foreign parent corporation with domestic affiliates and whether congressional action is necessary to resolve the issue in the foreign commerce context.
International Human Rights Claims After Tel-Oren V. Libyan Arab Republic: Swan Song For The Legal Lohengrin, Leslie Raissman Wellbaum
International Human Rights Claims After Tel-Oren V. Libyan Arab Republic: Swan Song For The Legal Lohengrin, Leslie Raissman Wellbaum
UC Law SF International Law Review
Since 1789 federal courts have had jurisdiction under the Alien Tort Claims Act of tort actions in which an alien plaintiff alleges a violation of the law of nations. Two recent court of appeals cases present conflicting views of the Act's applicability to contemporary international human rights claims. The Note examines the issues raised by the statute's construction in this context, including the difficulty of ascertaining the precise content of customary international legal norms. It concludes that neither the political question doctrine, nor the absence of an explicit private right to sue in international law necessarily precludes a federal court …
International Arbitration, J. Sorton Jones
International Arbitration, J. Sorton Jones
UC Law SF International Law Review
No abstract provided.
Membership In A Social Group: Salvadoran Refugees And The 1980 Refugee Act, Angela Botelho
Membership In A Social Group: Salvadoran Refugees And The 1980 Refugee Act, Angela Botelho
UC Law SF International Law Review
The 1980 Refugee Act was created to replace earlier ad hoc measures with a comprehensive refugee admissions program. To this end, the 1980 Refugee Act adopted a non-ideological refugee definition from the 1967 United Nations Protocol Relating to the Status of Refugees. Discriminatory patterns in refugee admissions persisted after 1980, however, due in part to procedural requirements incorporated from earlier immigration legislation and in part to State Department input into the newly created asylum procedures under the 1980 Act. The treatment afforded Salvadoran refugees demonstrates the continued ideological thrust of refugee admissions after 1980. This Note suggests an application of …
Fourth Annual Symposium Export Trade--Introduction, Michael W. Berwind
Fourth Annual Symposium Export Trade--Introduction, Michael W. Berwind
UC Law SF International Law Review
No abstract provided.
Export-Import Sales Under The 1980 United Nations Sales Convention, Peter Winship
Export-Import Sales Under The 1980 United Nations Sales Convention, Peter Winship
UC Law SF International Law Review
No abstract provided.
Combatting The Opposition: English And United States Restrictions On The Public Right Of Access To Governmental Information, Patti Goldman
Combatting The Opposition: English And United States Restrictions On The Public Right Of Access To Governmental Information, Patti Goldman
UC Law SF International Law Review
Throughout Anglo-American history those in government have sought to silence opposition. Public discussion and dissent, however, are essential during national crises, such as military engagements or attempted expansions of governmental powers. Ironically, when public scrutiny is most needed, governments restrict the public access to information and the right to criticize governmental activities. This Article analyzes the English and United States governments' attempts to limit public access to information. Both systems recognize legitimate limitations on the right of access only when necessary to protect sensitive governmental functions. In England, however, the restriction is broader. Public access can be limited to protect …
Foreign Investment Law: Encouragement Versus Restraint--Mexico, Cuba, And The Caribbean Basin Initiative, Sula Fiszman
Foreign Investment Law: Encouragement Versus Restraint--Mexico, Cuba, And The Caribbean Basin Initiative, Sula Fiszman
UC Law SF International Law Review
Third World nations have been attempting to balance foreign investment needs with the desire to both control economic development and retain the benefits of this development within their borders. Mexico and Cuba have recently enacted or revised their foreign investment laws. The Article examines these laws in detail and determines what balance these nations have struck between development and control and what compromises have been made. The Article then examines the Caribbean Basin Initiative to see what balance the United States, a capital exporter, finds optimal and to examine how the United States trade and investment laws differ both legally …
The Extraterritorial Application Of The Antitrust Laws Of The United States, James P. Kleinberg
The Extraterritorial Application Of The Antitrust Laws Of The United States, James P. Kleinberg
UC Law SF International Law Review
No abstract provided.