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Articles 91 - 113 of 113
Full-Text Articles in Comparative and Foreign Law
Promotion Of U.S. Foreign Investment In Selected Eastern European Countries In The 1990’S. Comparative Analysis Of Foreign Investment Laws In Poland, The Soviet Union, Yugoslavia, And Hungary And Possible Impact Of The U.S. Law On Their Operation, Dorota Szewc
LLM Theses and Essays
Perestroika describes the historical revolution of political and economic reforms which were aimed at accelerating economic growth, democratization, and openness. As the failings of the socialist economic model became more apparent, Eastern European nations were motivated to enact laws allowing foreign investment. A comparative analysis of these foreign investment laws in Poland, the Soviet Union, Hungary, and Yugoslavia is made. Even with the reforms in Eastern Europe, U.S. law may affect the actions of American investors in Eastern Europe. Specifically, U.S. export control laws effect the trade between the U.S. and countries still deemed to be communist, and U.S. antitrust …
Essential Functional Issues In Nepalese Contract Law: A Comparison With United States Law, Tribhuban Dev Bhatta
Essential Functional Issues In Nepalese Contract Law: A Comparison With United States Law, Tribhuban Dev Bhatta
LLM Theses and Essays
American and Nepalese contract law may be put at two ends of spectrum. The former legal system is a long parent system. This comparative study will probe some of the causes of the stasis in Nepalese contract law by examining the Contract Act, cases adjudicated under it, and related provisions of the other laws. The inquiry is restricted to certain selected areas of functional interest form a Nepalese perspective and does not purport to examine interest interrelated doctrinal or other areas with equal thoroughness. The approach throughout is to study the Anglo-American contract law on the subject and compare Nepalese …
The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse
The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse
LLM Theses and Essays
While the United States’ common law system is characterized by diversity due to each state having its own set of rules, in certain areas there are nationwide legislative attempts of unification and standardization. One such attempt is the adoption of the Uniform Commercial Code which governs the sale of goods law in the United States. The French civil law system generally differs greatly from the American system in that it is primarily based upon statutes and codes. However, the American Uniform Commercial Code and the French Civil Code provide tangible, comparable bases to assess similarities and differences between American and …
Interpretation Of Contemporary Commercial Agreement A Comparative Study, Qing Cai
Interpretation Of Contemporary Commercial Agreement A Comparative Study, Qing Cai
LLM Theses and Essays
Many disputes arising under commercial agreements turn upon the interpretation of the agreement. Interpretation is the process by which a court ascertain in meaning that it will give to the language used by the parties in determining the legal effect of an existing agreement. It also involves questions as to whether additional duties or excuses will be implied. In addition, interpretation can be relevant to contract formation since courts may be forced to determine the meaning of communication used by the parties before they determine whether the parties have reached an agreement. To some extent, how the judges interpret the …
Transnational Discovery In The Extraterritorial Application Of U.S. Antitrust Laws, Maria Eugenia Gimenez
Transnational Discovery In The Extraterritorial Application Of U.S. Antitrust Laws, Maria Eugenia Gimenez
LLM Theses and Essays
After World War II, there was a push for economic integration to promote growth and prevent conflict. Multinational corporations became key players, but their mobility and links to different countries created legal challenges, with nations seeking to assert their laws and policies over foreign entities. U.S. courts’ efforts to compel compliance with antitrust laws abroad can lead to conflicts with foreign jurisdictions, especially concerning the disclosure of evidence held by foreign entities. The “effects doctrine” allows U.S. antitrust laws to be applied to foreign conduct if they have intended economic effects in the U.S. Subsequent cases refined this doctrine, considering …
Sino-American Equity Joint Ventures In The People's Republic China, Lu Wang
Sino-American Equity Joint Ventures In The People's Republic China, Lu Wang
LLM Theses and Essays
This LL.M. thesis provides a comprehensive examination of the legal framework governing Sino-American equity joint ventures in the People's Republic of China, written from the standpoint of an American investor navigating the rapidly evolving Chinese legal landscape of the 1980s. The work traces the development of China's foreign investment regime from the watershed adoption of the 1979 Joint Venture Law through subsequent implementing regulations, and analyzes the practical and legal challenges American investors face in establishing and operating equity joint ventures. Key topics include the nature and legal status of joint ventures under the Joint Venture Law and its implementing …
Specific Barriers To Central American Development, Evelyn Urtecho Ruiz
Specific Barriers To Central American Development, Evelyn Urtecho Ruiz
LLM Theses and Essays
This LL.M. thesis examines the specific barriers to economic development in Central America during the 1980s, a period marked by political instability, social revolution, and economic crisis. The work analyzes the structural weaknesses of Central American economies — including their dependence on a narrow base of agricultural exports (coffee, cotton, bananas, beef, and sugar), deteriorating terms of trade, and chronic balance-of-payments deficits — and traces the historical patterns of land tenure and concentration that have perpetuated inequality across the region. The thesis also examines the social and economic transformation of Nicaragua following the fall of Somoza in 1979, as well …
Forum Shopping In Products Liability Actions: A Comparison Between The United States, France And Germany, Lothar W. Baum
Forum Shopping In Products Liability Actions: A Comparison Between The United States, France And Germany, Lothar W. Baum
LLM Theses and Essays
The goal of this research is to state the current situation concerning products liability in the United States, the Federal Republic of Germany and more briefly, France and to compare the different systems. Emphasis will be given to the substantive laws, in particular to the new EC Directive and its adoption in the Federal Republic of Germany. Also, it will discuss the current German law, since this will be valid for all claims initiated before the enactment of the new ProdHaftG. Further, based on the previous analysis, it will be shown where a consumer is in the most favorable position …
A Comparative Analysis Of Unfair Dismissal Law With Particular Reference To The Law As It Pertains To The South African Worker, Haydn T. Hillestad
A Comparative Analysis Of Unfair Dismissal Law With Particular Reference To The Law As It Pertains To The South African Worker, Haydn T. Hillestad
LLM Theses and Essays
This paper will begin with an investigation of the activity of the International Labour Organization (ILO) in domestic employment laws. Using this as a yardstick, a comparative analysis of the unfair dismissal laws of the United States and some foreign countries (mainly Western European) will be undertaken. Finally, the issue will be addressed in the South African context. An assessment will be made of the relative quality of the protection afforded workers in South Africa and, using conclusions reached from the comparative study, the validity of calls for a general unfair dismissal statute in the country will be considered.
Per Se Legality Of Vertical Restraints: Contested In America -- Not Debated In Germany: Search For Reasons And Comparison, Rainer F. Hildebrandt
Per Se Legality Of Vertical Restraints: Contested In America -- Not Debated In Germany: Search For Reasons And Comparison, Rainer F. Hildebrandt
LLM Theses and Essays
The approach towards vertical restraints depends heavily on the outcome of the "battle for the soul of antitrust". Therefore, to make the implications of the dispute more comprehensible, this study necessarily has to prefer to the basics of antitrust policy such as legislative history and political underpinnings. The second chapter addresses the underlying values of American and German antitrust laws and compares the concepts chosen to protect these values. Based on these foundations, chapter three evaluates resale price maintenance. In chapter four, the Supreme Court's judgment in Business Electronics Corp. v. Sharp Electronics Corp. is analyzed according to the GWB …
Trade Regulations In International Transfer Of Technology Agreements: A Comparative View Of National And International Legal Provisions, Franz-Martin Wolff
Trade Regulations In International Transfer Of Technology Agreements: A Comparative View Of National And International Legal Provisions, Franz-Martin Wolff
LLM Theses and Essays
This LL.M. thesis provides a comprehensive comparative analysis of national and international legal frameworks governing the regulation of international transfer of technology agreements, set against the backdrop of the stalled UNCTAD negotiations on a Draft International Code of Conduct on the Transfer of Technology. The work examines the role of national patent systems under the Paris Convention, analyzes proposed modifications — including preferential treatment for Developing Countries — and evaluates the adverse effects of monopolistic rights granted under patent laws. Key topics include antitrust regulation in the United States (Sherman Act per se violations and rule of reason), the European …
Equal Protection Limitations On Choice Of Law Decisions, Anne-Marie Witters
Equal Protection Limitations On Choice Of Law Decisions, Anne-Marie Witters
LLM Theses and Essays
In this paper, the author seeks to clarify the implications of contemporary Fourteenth Amendment theory for state autonomy in deciding conflict cases, concentrating on state discrimination against non-residents and aliens. The author argues that laws which distinguish locals from residents of other states should be reviewed under strict scrutiny, just as laws that discriminate against aliens. Also U.S. choice of law methodologies from both past and present are discussed, with the conclusion that modern theories violate the Equal Protection Clause of their systematic preference for forum residents and parochial results. After a review of the European conflicts system, the choice …
A Comparative Approach To Extraterritoriality In The Fields Of Antitrust And Export Controls, Andreas Knaul
A Comparative Approach To Extraterritoriality In The Fields Of Antitrust And Export Controls, Andreas Knaul
LLM Theses and Essays
This work will show that all isolated proposals for the solution of the extraterritoriality problem are fundamentally insufficient. Only a combination of negotiation, agreements and arbitration comes near to a solution of the problem. Taking the example of antitrust and export control laws the author will describe and analyze the different approaches currently discussed to cope with the fact that one sovereign state tries to extend its jurisdiction into the field of another sovereign state. It is to be shown that no approach can succeed as long as the substantive laws in the antitrust and export control field are different.
Toward A Comprehensive Theory Of Standard Form Contract Law: A Synthesis Of The Best From Germany And America, Dagmar Thurmann
Toward A Comprehensive Theory Of Standard Form Contract Law: A Synthesis Of The Best From Germany And America, Dagmar Thurmann
LLM Theses and Essays
The theory of this paper is simple: the law has to deal with 20th Century real contracts instead of blindly applying 19th Century classical “bargained for” contract law. Not to face the reality of the modern “unbargained for” adhesion contract disappoints the justified expectations of both parties, that is, the one drafting standard form terms and the one submitting to them. The subject of standard contract forms is appropriate for a comparative analysis between German and American contracts law.
Planning Under The National Environmental Policy Act: The Use Of Environmental Impact Statements In Agency Decisionmaking, Ralf Marxen
LLM Theses and Essays
This article focuses on Environmental Impact Statements (EIS) as part of the Federal National Environmental Policy Act and will therefore not deal with the different State Environmental Policy Acts (SEPA) or their relation to and interaction with Federal legislation. Furthermore, this article will focus upon those issues that are of special relevancy to the possible adoption of EISs into the German legal system. The article will also address cost-benefit issues related to the EIS process. Part VIII (judicial review) will only concentrate on the judicial review of administrative action concerning environmental planning through EISs.
The Foreign Direct Investment Controls, Ruey-Fen Sung
The Foreign Direct Investment Controls, Ruey-Fen Sung
LLM Theses and Essays
Foreign direct investment is the primary engine of economic development. The factors influencing a country's governmental policy of foreign direct investment at an international level constitute a wide and complex subject. This subject in my country,Taiwan, Republic of China, has been receiving increasing attention, for we now face the problems of balance of payments deficits, how to strengthen the N.T. dollar and improve the functions of foreign direct investment etc. In early 1970, the United States had problems similar to those which my country faces now; therefore, I will examine the "Foreign Direct Investment Regulations" (FDIR) of U.S. enacted in …
The Role Of Efficiency Justifications In U.S.-American And West German Merger Control Law: A Comparison, Christian Westerhausen
The Role Of Efficiency Justifications In U.S.-American And West German Merger Control Law: A Comparison, Christian Westerhausen
LLM Theses and Essays
When merger control laws first emerged in the United States and West Germany in the early 1900s, some businessmen and economists argued that the efficiency of businesses was impeded by antimerger laws. They contended that only very large businesses could realize significant efficiencies, be internationally competitive, and attain technological progress. This paper analyzes the role that these efficiency arguments had on the laws in West Germany and the United States, respectively. German law mainly upheld the idea that preservation of competition was most important for business efficiency, but also included a provision that firms could put forward the social desirability …
Legal Issues Of Market Dominance: A Comparative Study, Helmut Gottlieb
Legal Issues Of Market Dominance: A Comparative Study, Helmut Gottlieb
LLM Theses and Essays
Chapter I of this paper will focus on the current approach to the delimitation of the relevant market, the determination of market concentration and the legal requirements for a challenge of market dominating enterprises. In Chapter II, because of the interdependency between monopoly and antimerger policy, the present legal situation of mergers shall be analyzed. Finally, the theories of the problem of the jurisdictional reach of antitrust laws will be considered in Chapter III.
The Injury Test Under The Us And Eec Antidumping And Courntervailing Law, Francois Gabriel
The Injury Test Under The Us And Eec Antidumping And Courntervailing Law, Francois Gabriel
LLM Theses and Essays
Antidumping and countervailing legislation contain two tests. First, is the import product dumped or subsidized? Second, is it causing injury to the domestic producers? The latter test, which is the most controversial in the history of antidumping and countervailing legislation, is, in a comparative perspective between the EEC and the USA, the focus of this thesis.
Protection Available To A U.S. Citizen Who Buys Securities From Foreigners: Relief In The U.S. For Sales At Home And Abroad; Protection Under U.K. And Thailand Laws, Narestr Kesaprakorn
Protection Available To A U.S. Citizen Who Buys Securities From Foreigners: Relief In The U.S. For Sales At Home And Abroad; Protection Under U.K. And Thailand Laws, Narestr Kesaprakorn
LLM Theses and Essays
This paper will examine regulations relating to transactions by foreigners in the United States securities markets and compare with investor protection in the U.K. and Thailand. It will also examine the manner in which the U.S. seeks to control extraterritorial securities transactions.
Freedom Of Expression In England And The United States: A Comparative Study, With Particular Reference To Restrictions Imposed By Means Of Prior Restraint, Peter G. Shears
LLM Theses and Essays
Freedom of expression is both a basic right and a basic need in all democratic societies. Without it, democracy itself cannot function. This is a comparative study. The protection, or more often the restriction, of freedom of expression in England before the American Revolution is considered first. Then two chapters outline the development and extent of freedom of expression, first in America, then in England, from 1776 up to the present day. There follows a direct comparison in two separate areas: the Fair Trial-Free Press tension which exists between the interests of those involved in judicial proceedings, and their rights …
Comparison Of The U.S.S.R. And United States On The Territorial Sea, Exclusive Economic Zone, And Strait Issues, Erik Franckx
Comparison Of The U.S.S.R. And United States On The Territorial Sea, Exclusive Economic Zone, And Strait Issues, Erik Franckx
LLM Theses and Essays
This thesis compares the positions of the United States and the Soviet Union on the territorial sea, exclusive economic zone, and straits.
Taxation Aspects Of Foreign Investments In India, Udai V. Singh
Taxation Aspects Of Foreign Investments In India, Udai V. Singh
LLM Theses and Essays
This paper will outline, discuss and suggest changes in various provisions of the Income Tax Act, 1961, applying to foreign investments. Chapter II of this paper explores the general underlying principles of the Indian tax system. Chapter III discusses the tax liability of foreign personnel in India and special tax incentives granted to foreign technicians. Chapter IV discusses the system of corporate taxation or “resident” and non-resident” companies and tax liability of foreign collaborators. Special attention is paid to the liability arising out of various trading activities of non-resident companies in India and many problems of judicial determination relating to …