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Articles 421 - 450 of 767
Full-Text Articles in Comparative and Foreign Law
Regulatory Diversification And The Monitoring State: The Direction Of Environmental Regulation In Taiwan, Beth E. Kinne
Regulatory Diversification And The Monitoring State: The Direction Of Environmental Regulation In Taiwan, Beth E. Kinne
Washington International Law Journal
Rapid industrialization in Taiwan in the latter half of the twentieth century resulted in dramatic increases in industrial pollution and municipal waste, leaving few places on the small island spared from severe pollution. Public pollution protests in the 1970s and 1980s both contributed to and increased with the liberalization of Taiwanese society. With the end of martial law in 1987 and subsequent creation of the Environmental Protection Agency, Taiwan adopted a command and control regulatory scheme that achieved limited success. From the 1980s onward, the Taiwanese government came to rely upon the participation of a greater number and variety of …
In Search Of A Theory Of Cult And Freedom Of Religion In China: The Case Of Falun Gong, Anne S.Y. Cheung
In Search Of A Theory Of Cult And Freedom Of Religion In China: The Case Of Falun Gong, Anne S.Y. Cheung
Washington International Law Journal
Cult and anti-cult movements have been high drama ever since the close of the twentieth century. The tragedies caused by some minority religious groups and the corresponding government responses force us to question the meaning of freedom of religion and to confront our societal conviction to upholding our acclaimed constitutional values. This Article examines the fundamental concept of freedom of religion and the tights that it entails in the case of the People's Republic of China. China's recent crackdown on Falun Gong, a seemingly benign breathing exercise group, has been bitterly controversial. The case of Falun Gong illustrates that the …
Where The Oregon Trail Meets The Silk Road: Why China's Path To Sustainability Should Bypass Oregon, Samuel A. Rodabough
Where The Oregon Trail Meets The Silk Road: Why China's Path To Sustainability Should Bypass Oregon, Samuel A. Rodabough
Washington International Law Journal
With a substantial population and continued exponential economic growth, China is perceived as exerting ever-increasing pressure on its natural environment. The concept of sustainable development has been posited by many in the international community as a means of overcoming China's bleak environmental outlook, while simultaneously preserving its economic prosperity. However, because of widespread disagreement as to the precise nature, scope, and practical application of sustainable development, the concept remains elusive and has proven difficult to implement. In its most basic form, sustainable development seeks to simultaneously meet environmental, economic, and social needs. With respect to these needs, China has affirmed …
Recent Intensification Of Investor Protection In The Korean Securities Market: The Mandatory And Fair Disclosure Systems, Kwang-Rok Kim
Recent Intensification Of Investor Protection In The Korean Securities Market: The Mandatory And Fair Disclosure Systems, Kwang-Rok Kim
Washington International Law Journal
This Article analyzes the Korean fair disclosure system and the Korean mandatory disclosure system under the Korean Securities and Exchange Act ("KSEA"). After the turbulence in the financial markets resulting from the economic crises of late 1997, the South Korean government realized that the Korean economy had failed to keep pace with the world economy. The Korean economy underwent many changes after being offered financial relief from the International Monetary Fund. As part of these changes, the government adopted a series of structural reform measures to improve the standard of corporate governance and enhance corporate management. The KSEA now provides …
The Pain Of Love: Spousal Immigration And Domestic Violence In Australia—A Regime In Chaos?, E. Odhiambo-Abuya
The Pain Of Love: Spousal Immigration And Domestic Violence In Australia—A Regime In Chaos?, E. Odhiambo-Abuya
Washington International Law Journal
A fundamental step that the 1994 Australian Migration Regulations developed into the immigration framework was to grant certain concessions to non-Australian spouses and interdependent partners who suffer domestic violence at the hands of their Australian counterparts. Victims of domestic violence are eligible to apply for permanent residence notwithstanding the otherwise applicable two-year waiting period. To understand the domestic violence exception, this Article explores the jurisprudence that has emerged from courts and other immigration tribunals. The Article proposes that further legislative and policy changes should be made in order to seal identified "gaps," and to provide clear guidance to interested parties, …
China's New Foreign Law Firm Regulations: A Step In The Wrong Direction, Jane J. Heller
China's New Foreign Law Firm Regulations: A Step In The Wrong Direction, Jane J. Heller
Washington International Law Journal
Following China's accession to the World Trade Organization ("WTO"), the Chinese government issued new regulations governing foreign law firms in China. A number of commentators have analyzed these regulations to evaluate whether China is "'on track" to fulfilling the commitments it undertook to gain entry to the WTO. However, a more basic question that should be addressed is whether the new regulations meet China's goals in joining the WTO: to foster trade and economic development and to accelerate the growth of China's legal profession. Although China appeared willing to engage in significant liberalization of the legal services sector when it …
Private Enforcement Of Securities Fraud Law In China: A Critique Of The Supreme People's Court 2003 Provisions Concerning Private Securities Litigation, Guiping Lu
Washington International Law Journal
On January 9, 2003, China's Supreme People's Court issued a new ruling with detailed provisions governing private securities litigation involving disclosure of false or misleading information. The new ruling is expected to play an important role in regulating and developing China's securities markets by providing a necessary judicial safeguard against infringement upon investors' interests. The new ruling, however, is unlikely to achieve its expected effect due to various procedural and substantive hurdles to investor access to judicial recourse. The built-in procedural hurdles either make it very difficult for securities investors to bring private actions, or, in some circumstances, deprive them …
Rural Women's Land Rights In Java, Indonesia: Strengthened By Family Law, But Weakened By Land Registration, Jennifer Brown
Rural Women's Land Rights In Java, Indonesia: Strengthened By Family Law, But Weakened By Land Registration, Jennifer Brown
Washington International Law Journal
In Java, Indonesia, only about one-third of land title certificates reflect ownership by women. This lack of registered land ownership can potentially harm women by depriving them of influence within the household and leaving them vulnerable in cases of divorce or a spouse's death. This Article argues that effective land registration mechanisms and legal and social recognition of women's property rights all play a critical role in protecting women's ownership interests. Interviews with landowners and government officials in Java reveal that Indonesia's land registration processes do not effectively advance ownership rights granted under the nation's family law. Despite the government's …
The Good, Bad, And Unintended: American Lessons For Cambodia's Effort Against Domestic Violence, Sonja K. Hardenbrook
The Good, Bad, And Unintended: American Lessons For Cambodia's Effort Against Domestic Violence, Sonja K. Hardenbrook
Washington International Law Journal
Despite numerous laws that guarantee women equal rights and prohibit violence, the current Cambodian legal system has proven inadequate to combat spousal abuse. In response, the Royal Government of Cambodia has proposed a draft-law specifically aimed at domestic violence. However, if enforcement of current Cambodian law in domestic violence situations is any indication, the proposed law has little hope of implementation. Current cultural paradigms make the Cambodian police and the public at large view domestic violence as a private matter rather than a crime. Thus, Cambodia is in need of new strategies to reduce domestic violence. Cambodia is not alone …
Alternative Dispute Resolution As A Means Of Access To Justice In The Russian Federation, Elena Nosyreva, Douglas Carman, Dana Tumenova
Alternative Dispute Resolution As A Means Of Access To Justice In The Russian Federation, Elena Nosyreva, Douglas Carman, Dana Tumenova
Washington International Law Journal
This Article represents recent scholarship in Russian jurisprudence concerning the use of alternative dispute resolution procedures. It was written by a professor who is an active participant in law reform projects addressing the problems of elaborating legislation to articulate the rights and duties of parties involved in economic and other disputes. This Article covers three forms of dispute resolution—negotiations, claims-based dispute resolution, and mediation—and identifies characteristics of these procedures that are peculiar to the Russian context. By reviewing the forms of conflict resolution employed in Soviet-era command economy and exploring the contours of contemporary Russian "legal culture," the Article attempts …
Facing The Aging Wave: Proposed Social Security Reform In The Philippines, Les Coughran
Facing The Aging Wave: Proposed Social Security Reform In The Philippines, Les Coughran
Washington International Law Journal
The Philippines's Social Security System is eroding because of demographic changes. These changes have tipped the financial balance, which incremental design changes have failed to restore. The system contains weaknesses that are exacerbated by limited financial transparency and poor asset management. International social security systems, designed to include public defined benefit programs, public hypothetical account programs, publicly mandated defined contribution programs, and/or private sphere components, provide the Philippines with examples of alternate national systems. While each of these components alleviates certain risks, no single component is comprehensive in safeguarding against demographic, economic, or inflationary risks. This Comment asserts that the …
Reforming The Japanese Commercial Code: A Step Towards An American-Style Executive Officer System In Japan?, Matthew Senechal
Reforming The Japanese Commercial Code: A Step Towards An American-Style Executive Officer System In Japan?, Matthew Senechal
Washington International Law Journal
After more than a decade of attempting to remedy failing banks, rising unemployment, and a shrinking economy, Japan has taken a new approach to economic reform. With the hope of improving corporate profits and international competitiveness, the Japanese Diet passed legislation in May 2002 amending the Commercial Code to allow corporations to adopt an American-style executive officer system. The amendment establishes a workable new framework for more effective corporate governance in Japan and serves as an important early step in what promises to be a long road to reform. These benefits notwithstanding, its impact will be limited by the Amendment's …
Reforming The Japanese Commercial Code: A Step Towards An American-Style Executive Officer System In Japan?, Matthew Senechal
Reforming The Japanese Commercial Code: A Step Towards An American-Style Executive Officer System In Japan?, Matthew Senechal
Washington International Law Journal
After more than a decade of attempting to remedy failing banks, rising unemployment, and a shrinking economy, Japan has taken a new approach to economic reform. With the hope of improving corporate profits and international competitiveness, the Japanese Diet passed legislation in May 2002 amending the Commercial Code to allow corporations to adopt an American-style executive officer system. The amendment establishes a workable new framework for more effective corporate governance in Japan and serves as an important early step in what promises to be a long road to reform. These benefits notwithstanding, its impact will be limited by the Amendment's …
The Experimental Use Exception In Japan: A Model For U.S. Patent Law?, Jennifer A. Johnson
The Experimental Use Exception In Japan: A Model For U.S. Patent Law?, Jennifer A. Johnson
Washington International Law Journal
The patent laws of the United States and Japan contain provisions that permit the experimental use of patented inventions. In the United States, the common law experimental use exception has been utilized to permit the use of a patented invention to satisfy intellectual curiosity, as long as the use is not commercial. In 1984, the Hatch-Waxman Act provided a statutory experimental use exception in 35 U.S.C. § 271(e)(1). It amended the Patent Act to allow a generic drug company to experiment with a pioneer drug during the pioneer drug's patent term to generate data for obtaining regulatory approval. In contrast, …
From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler
From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler
Washington International Law Journal
In post-industrial countries like Japan, modem environmental problems defy easy clean up solutions. Thus, effective clean up depends on diverse regulation. Historically, the Japanese government has relied on statutes that mandated technical "fixes" to clean up highly publicized pollution problems. Although such regulations have been successful in areas like air pollution, recent newspaper headlines highlight the extent to which environmental issues continue to affect densely populated Japan. Beginning with the passage of the Environmental Impact Assessment Law in 1997, however, Japan has significantly diversified its environmental policy. Along with strict new regulatory standards, new national laws now allow public access …
Facing The Aging Wave: Proposed Social Security Reform In The Philippines, Les Coughran
Facing The Aging Wave: Proposed Social Security Reform In The Philippines, Les Coughran
Washington International Law Journal
The Philippines's Social Security System is eroding because of demographic changes. These changes have tipped the financial balance, which incremental design changes have failed to restore. The system contains weaknesses that are exacerbated by limited financial transparency and poor asset management. International social security systems, designed to include public defined benefit programs, public hypothetical account programs, publicly mandated defined contribution programs, and/or private sphere components, provide the Philippines with examples of alternate national systems. While each of these components alleviates certain risks, no single component is comprehensive in safeguarding against demographic, economic, or inflationary risks. This Comment asserts that the …
From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler
From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler
Washington International Law Journal
In post-industrial countries like Japan, modem environmental problems defy easy clean up solutions. Thus, effective clean up depends on diverse regulation. Historically, the Japanese government has relied on statutes that mandated technical "fixes" to clean up highly publicized pollution problems. Although such regulations have been successful in areas like air pollution, recent newspaper headlines highlight the extent to which environmental issues continue to affect densely populated Japan. Beginning with the passage of the Environmental Impact Assessment Law in 1997, however, Japan has significantly diversified its environmental policy. Along with strict new regulatory standards, new national laws now allow public access …
The Cultural Property Laws Of Japan: Social, Political, And Legal Influences, Geoffrey R. Scott
The Cultural Property Laws Of Japan: Social, Political, And Legal Influences, Geoffrey R. Scott
Washington International Law Journal
Japan's Law for the Protection of Cultural Properties has been heralded as one of the most sophisticated and complete statutes of its kind and has been viewed as a model for other countries considering means to protect their ethnographic and cultural treasures. This Article examines the social, cultural, political, and legal influences antecedent to the promulgation of the statute and discusses the complexities inherent in composing legislation of this sort. The specific Japanese legislative and administrative efforts undertaken to protect national treasures prior to promulgation of the statute, and the political environment contemporaneous with its passage, are compiled, analyzed, and …
The Faint Shadow Of The Sixth Amendment: Substantial Imbalance In Evidence-Gathering Capacity Abroad Under The U.S.-P.R.C. Mutual Legal Assistance Agreement In Criminal Matters, David Whedbee
Washington International Law Journal
Transnational organized crime has an adverse impact on the United States and the People's Republic of China. In the last thirty years, the mutual legal assistance agreement has emerged as an effective mechanism to streamline international judicial assistance in combating borderless crime. The accretion of these agreements has created a growing web of bilateral obligations that links sovereign jurisdictions. The U.S.-P.R.C. mutual legal assistance agreement (the "U.S.-P.R.C. MLAA") furthers U.S. interests by facilitating U.S. Attomeys' access to physical evidence and witnesses in the People's Republic of China. Significantly, the political offense exception in the U.S.-P.R.C. agreement permits U.S. authorities to …
The Experimental Use Exception In Japan: A Model For U.S. Patent Law?, Jennifer A. Johnson
The Experimental Use Exception In Japan: A Model For U.S. Patent Law?, Jennifer A. Johnson
Washington International Law Journal
The patent laws of the United States and Japan contain provisions that permit the experimental use of patented inventions. In the United States, the common law experimental use exception has been utilized to permit the use of a patented invention to satisfy intellectual curiosity, as long as the use is not commercial. In 1984, the Hatch-Waxman Act provided a statutory experimental use exception in 35 U.S.C. § 271(e)(1). It amended the Patent Act to allow a generic drug company to experiment with a pioneer drug during the pioneer drug's patent term to generate data for obtaining regulatory approval. In contrast, …
A Review Of China's New Civil Evidence Law, Paul J. Schmidt
A Review Of China's New Civil Evidence Law, Paul J. Schmidt
Washington International Law Journal
On December 21, 2001, China's Supreme People's Court promulgated landmark rules concerning the production and use of evidence in civil cases. These rules became effective on April 1, 2002 and apply to legal actions initiated after that date. The rules apply in all Chinese courts, from the high and intermediate level courts found at the provincial and prefecture level, down to the basic level courts found in rural counties and in urban districts. Of the eighty-three newly promulgated rules, more than half concern procedures for exchanging, confronting, investigating, or discovering evidence. Eleven are strict rules of evidence. The remainder is …
Curbing Child-Trafficking In Intercountry Adoptions: Will International Treaties And Adoption Moratoriums Accomplish The Job In Cambodia?, Kelly M. Wittner
Curbing Child-Trafficking In Intercountry Adoptions: Will International Treaties And Adoption Moratoriums Accomplish The Job In Cambodia?, Kelly M. Wittner
Washington International Law Journal
Over the past two decades an enormous increase in intercountry adoptions has prompted international concern over the victimization of children, birth parents, and adoptive families. Recently, the United States has closely scrutinized babytrafficking in Cambodia. Reports of widespread buying, selling, and stealing of Cambodian infants for international adoption prompted the United States to place a moratorium on adoptions from Cambodia on December 21, 2001. In addition, the international community has drafted treaties such as the United Nations Convention on the Rights of the Child ("CRC") and the Hague Convention on Intercountry Adoption ("Hague Convention") to normalize and systematize the process …
The Faint Shadow Of The Sixth Amendment: Substantial Imbalance In Evidence-Gathering Capacity Abroad Under The U.S.-P.R.C. Mutual Legal Assistance Agreement In Criminal Matters, David Whedbee
Washington International Law Journal
Transnational organized crime has an adverse impact on the United States and the People's Republic of China. In the last thirty years, the mutual legal assistance agreement has emerged as an effective mechanism to streamline international judicial assistance in combating borderless crime. The accretion of these agreements has created a growing web of bilateral obligations that links sovereign jurisdictions. The U.S.-P.R.C. mutual legal assistance agreement (the "U.S.-P.R.C. MLAA") furthers U.S. interests by facilitating U.S. Attomeys' access to physical evidence and witnesses in the People's Republic of China. Significantly, the political offense exception in the U.S.-P.R.C. agreement permits U.S. authorities to …
The Cultural Property Laws Of Japan: Social, Political, And Legal Influences, Geoffrey R. Scott
The Cultural Property Laws Of Japan: Social, Political, And Legal Influences, Geoffrey R. Scott
Washington International Law Journal
Japan's Law for the Protection of Cultural Properties has been heralded as one of the most sophisticated and complete statutes of its kind and has been viewed as a model for other countries considering means to protect their ethnographic and cultural treasures. This Article examines the social, cultural, political, and legal influences antecedent to the promulgation of the statute and discusses the complexities inherent in composing legislation of this sort. The specific Japanese legislative and administrative efforts undertaken to protect national treasures prior to promulgation of the statute, and the political environment contemporaneous with its passage, are compiled, analyzed, and …
Curbing Child-Trafficking In Intercountry Adoptions: Will International Treaties And Adoption Moratoriums Accomplish The Job In Cambodia?, Kelly M. Wittner
Curbing Child-Trafficking In Intercountry Adoptions: Will International Treaties And Adoption Moratoriums Accomplish The Job In Cambodia?, Kelly M. Wittner
Washington International Law Journal
Over the past two decades an enormous increase in intercountry adoptions has prompted international concern over the victimization of children, birth parents, and adoptive families. Recently, the United States has closely scrutinized babytrafficking in Cambodia. Reports of widespread buying, selling, and stealing of Cambodian infants for international adoption prompted the United States to place a moratorium on adoptions from Cambodia on December 21, 2001. In addition, the international community has drafted treaties such as the United Nations Convention on the Rights of the Child ("CRC") and the Hague Convention on Intercountry Adoption ("Hague Convention") to normalize and systematize the process …
A Review Of China's New Civil Evidence Law, Paul J. Schmidt
A Review Of China's New Civil Evidence Law, Paul J. Schmidt
Washington International Law Journal
On December 21, 2001, China's Supreme People's Court promulgated landmark rules concerning the production and use of evidence in civil cases. These rules became effective on April 1, 2002 and apply to legal actions initiated after that date. The rules apply in all Chinese courts, from the high and intermediate level courts found at the provincial and prefecture level, down to the basic level courts found in rural counties and in urban districts. Of the eighty-three newly promulgated rules, more than half concern procedures for exchanging, confronting, investigating, or discovering evidence. Eleven are strict rules of evidence. The remainder is …
Keiken, Tayōsei, Soshite Hō [Experience, Diversity, And The Law], Daniel H. Foote
Keiken, Tayōsei, Soshite Hō [Experience, Diversity, And The Law], Daniel H. Foote
Chapters in Books
This essay was published in 2003, in Japanese, as my contribution to a tribute volume honoring Nozaki Ayako, a Ph.D. candidate at The University of Tokyo who passed away suddenly earlier that year. In an article she published in 1999, Nozaki had offered a thoughtful, perceptive critique of an article I had published four years before, dealing with the resolution of traffic accident disputes in Japan. Her article led me to reflect on the reasons for the difference in our views; and that in turn led to this essay. As indicated in the title, two key themes of this essay …
Trading In Human Misery: A Human Rights Perspective On The Tampa Incident, Irene Khan
Trading In Human Misery: A Human Rights Perspective On The Tampa Incident, Irene Khan
Washington International Law Journal
The Tampa case does not stand in isolation. It is part of a wider pattern of restrictive asylum policies. To fully understand the significance of the Tampa case, one should go back more than two decades to the exodus of the Vietnamese boat people. Then, as now, boatloads of asylum seekers were pushed away, and refugees were detained on small islands, including, for example, Galang Island in Indonesia. Then, as now, many asylum seekers drowned as their calls of distress went unnoticed or unheeded. In response to this exodus, asylum, as a permanent solution to refugee problems, was diminished with …
Refugees And Responsibility In The Twenty-First Century: More Lessons Learned From The South Pacific, Guy S. Goodwin-Gill
Refugees And Responsibility In The Twenty-First Century: More Lessons Learned From The South Pacific, Guy S. Goodwin-Gill
Washington International Law Journal
[G]overnments throughout the world have tried to avoid dealing with the difficult questions raised by refugee and related movements. One method is to seek to redefine the problem as one not involving obligation or responsibility. Some governments also use the law in an attempt to limit the scope of their obligations. Another technique . . . is to engage in an exercise of extra-territorial jurisdiction . . . and to seek to justify that practice on the ground that somehow obligations towards refugees need not be observed. States have also tried detention, discriminatory treatment, and denial of other human rights …
The Failure Of Domestic And International Mechanisms To Redress The Harmful Effects Of Australian Immigration Detention, Adrienne D. Mcentee
The Failure Of Domestic And International Mechanisms To Redress The Harmful Effects Of Australian Immigration Detention, Adrienne D. Mcentee
Washington International Law Journal
Australia's Migration Act explicitly permits the government to detain non-citizens seeking entry without visas, including those who request asylum. Detainees wait up to five years for their immigration claims to be processed in detention centers managed by Australasian Correctional Management ("ACM"), a subsidiary of U.S. corporation Wackenhut Corrections. Arriving asylum-seekers often suffer the lasting effects of torture, threats of death, and other traumatic conditions-effects that are exacerbated by detention conditions. This Comment emphasizes detention's effects on children, who suffer health and other problems while detained. Detainees, Australian citizens, and overseas commentators are now protesting against the detention policy. The government's …