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Articles 361 - 390 of 568
Full-Text Articles in Comparative and Foreign Law
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 …
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 …
Is It The Beginning Of The Era Of The Rule Of The Constitution? Reinterpreting China's "First Constitutional Case, Shen Kui, Yuping Liu
Is It The Beginning Of The Era Of The Rule Of The Constitution? Reinterpreting China's "First Constitutional Case, Shen Kui, Yuping Liu
Washington International Law Journal
The subject of this article is the so-called "first constitutional case" in China. The Qi Yuling case is, in a sense, the very first time since the foundation of the People's Republic of China that constitutional provisions have been directly invoked by the Supreme People's Court in a civil lawsuit to protect a citizen's right to receive education, one of the fundamental rights protected by the Constitution. The Qi Yuling case, therefore, has given rise to much discussion on issues of judicial interpretation of the Constitution and the Constitution's application in the private domain, as well as the institution of …
Introduction To The Refugee Law Forum, Joan Fitzpatrick
Introduction To The Refugee Law Forum, Joan Fitzpatrick
Washington International Law Journal
The ripple effects on refugee protection from the events of August and September 2001, arising out of the rescue at sea of 433 asylum seekers by the M/V Tampa, have been substantial. It is too early to determine whether they will be as profound and as corrosive as the impact of the terrorist attacks of September 11, 2001 on other intemational legal norms, including those relating to preventive detention and to "securitizing international migration."' Australia's actions with respect to the Tampa and subsequent intercepted vessels, and its September 2001 legislation, establish a framework in which asylum seekers who arrive …
In The Wake Of The Tampa: Conflicting Visions Of International Refugee Law In The Management Of Refugee Flows, Mary Crock
Washington International Law Journal
The Australian Government's decision in August 2001 to close its doors to a maritime Good Samaritan, Norwegian Captain Rinnan, his crew, and 433 Afghan and Iraqi rescuees, provided a curious contrast to the image of humanity, generosity, and openness that Australia tried so hard to foster during the 2000 Olympic Games in Sydney. Victims or villains according to how the facts and the law are characterized, the MI/V Tampa rescuers represented for lawyers the intersection of a variety of areas of law and a clash of legal principles. The ambiguities in both international and state law pertaining to asylum seekers …
Protection Of Artists' Rights Under The Korean Copyright Law, Chung Hwan Choi, Minsu Kyeong
Protection Of Artists' Rights Under The Korean Copyright Law, Chung Hwan Choi, Minsu Kyeong
Washington International Law Journal
The term "artists" includes film, television ("TV"), stage, and musical actors and actresses ("actors"), pop singers and musicians, dancers, fashion models, and classical musicians. Although the same analysis can be applied to all of the categories above mentioned, this article solely focuses on pop singers and actors. The Copyright Act of Korea ("Copyright Act") defines Siryun ("public performance") as the entertainment activities of artists, and uses Siryunja ("performer") instead of "entertainer" as a legal term for artists.
Introduction To The Maritime Law Forum, Craig H. Allen
Introduction To The Maritime Law Forum, Craig H. Allen
Washington International Law Journal
The members of the Pacific Rim Law & Policy Journal are to be congratulated for their initiative, compassion, and insight in calling attention to the August 26, 2001 M/V Tampa incident and subjecting the actions of the involved principals and the governing legal regime to close and thoughtful scrutiny. Planning for the April 22, 2002 symposium in Seattle began in the fall of 2001, shortly after the Tampa's week-long crisis involving 438 migrants garnered international attention. Speakers for the Symposium conference, recruited under the leadership of the Journal's 2001-2002 Editor-in-Chief, Kelly Thomas, hailed from Australia, Europe and throughout the …
A Call For Co-Management: Treaty Fishing Allocation In New Zealand And Western Washington, Kristi Stanton
A Call For Co-Management: Treaty Fishing Allocation In New Zealand And Western Washington, Kristi Stanton
Washington International Law Journal
The Maori tribe of New Zealand and the tribes of western Washington are both subject to quota systems as a result of their treaty rights to fish. While New Zealand's quota system was legislatively imposed, western Washington's was judicially imposed. Nevertheless, the two quota systems are quite similar in that both permit approximately half the allowable catch of fish each year to go to the tribes. However, that amount does not adequately represent what the tribes are entitled to based on their treaty rights. Colonization, over-fishing, and resource deterioration have decreased the amount of fish available to the fishing population …
How Wide Should The Gate Of "Technology" Be? Patentability Of Business Methods In China, Joy Y. Xiang
How Wide Should The Gate Of "Technology" Be? Patentability Of Business Methods In China, Joy Y. Xiang
Washington International Law Journal
China regards business methods to be a form of mental activity, and consequently excludes them from patent protection. In recent years, along with the proliferation of computer, telecommunication, and Internet technologies, the line between business methods and technology has blurred. As a result, other patent systems, such as U.S. patent law, have modified or are re-evaluating their patent treatment of business methods. The Chinese patent system is designed to promote the progress of science and technology. Business methods having no technical characters are not technological art. It would thus be overly inclusive to regard every business method as "technology" and …
The Future Of Municipal Fisheries In The Philippines: Does The Philippine Fisheries Code Do Enough?, Devon Shannon
The Future Of Municipal Fisheries In The Philippines: Does The Philippine Fisheries Code Do Enough?, Devon Shannon
Washington International Law Journal
The allocation of fishery resources is a critical concern for the Philippines municipal fishing sector where the global problem of overfishing has taken its toll on near-shore aquatic life. The dependency of coastal Filipino communities on fishery resources for nutrition and livelihood necessitates an analysis of the 1998 Philippine Fisheries Code's ("PFC's") ability to facilitate effective marine resource allocation at the municipal level. A comparison of international instruments addressing fishery resource management with the PFC reflects a clear intent on the part of the Code's drafters to emulate accepted international standards. In some areas, however, the PFC's ambiguous language hinders …
Indonesia's 1999 Political Laws: The Right Of Association In Aceh And Papua, Amber Dufseth
Indonesia's 1999 Political Laws: The Right Of Association In Aceh And Papua, Amber Dufseth
Washington International Law Journal
Post-Suharto Indonesia has taken steps to liberalize and codify the right of political association through a package of political laws passed by the House of Representatives (Dewan Perwakilan Rakyat or "DPR") in 1999. International pressure and Indonesian mass demonstrations calling for political reform provided the impetus for the passage of the laws. Since this legal reform, the number of registered political parties in Indonesia has jumped from three to over one hundred. Moreover, the laws provided a legal framework for the 1999 general elections, which were widely recognized as free and fair. The initiatives, however, have had limited effect …
The Legal Development Of Taiwan In The 20th Century: Toward A Liberal And Democratic Country, Tay-Sheng Wang
The Legal Development Of Taiwan In The 20th Century: Toward A Liberal And Democratic Country, Tay-Sheng Wang
Washington International Law Journal
This article was originally presented as The Development of Taiwan's Legal Systems: Towards a Western-style Law, CONFERENCE ON TAIWAN IN THE 20TH CENTURY: A RETROSPECTIVE VIEW, in THE CHINA QUARTERLY AND THE GOVERNMENT INFORMATION OFFICE, R.O.C., (Taipei, Dec. 14-15, 1999). When I wrote that piece, no one could imagine that the Council of Grand Justices would find the newly-amended constitutional provisions unconstitutional, that the National Assembly would be virtually abolished, and that the opposition party would win the presidential election for the first time in Taiwan's history. This revised version of course has taken these crucial events into account. …
Returnees From South America: Japan's Model For Legal Multiculturalism?, Claire J. Hur
Returnees From South America: Japan's Model For Legal Multiculturalism?, Claire J. Hur
Washington International Law Journal
In response to Japan's increasing labor shortage, the Japanese government in 1990 enacted an extensive set of amendments to its restrictive Immigration Control and Refugee Recognition Act to allow for a controlled but broader method of regulating legal entry of foreign workers into Japan. Significant among those amendments are the provisions granting long-term resident status to persons of Japanese descent entering from abroad and the provisions offering additional rights to foreign-born spouses and children of Japanese nationals. These provisions are mainly targeted at descendants of Japanese who emigrated to South America ("Nikkeijin"). While most of the existing literature …
Chinese Regulation Of Traditional Chinese Medicine In The Modern World: Can The Chinese Effectively Profit From One Of Their Most Valuable Cultural Resources?, Teresa Schroeder
Chinese Regulation Of Traditional Chinese Medicine In The Modern World: Can The Chinese Effectively Profit From One Of Their Most Valuable Cultural Resources?, Teresa Schroeder
Washington International Law Journal
The global demand for traditional Chinese medicine ("TCM") has exploded in the last thirty years. Demand for TCM products increased both domestically in the People's Republic of China ("PRC") and internationally. However, the stigma of "witch doctoring" associated with TCM remains. Several developed nations have established national and local regulation of TCM practitioners to protect their citizens from dangerous treatments. After almost forty years of virtually unregulated endorsement of TCM, China recently began its own standardization of TCM products and practice. The question must be asked, what inspired such a dramatic and rapid change in Chinese policy? The geyser of …
Constitutionalism As A Political Culture, Annen Junji, Lee H. Rousso
Constitutionalism As A Political Culture, Annen Junji, Lee H. Rousso
Washington International Law Journal
Translator's Forward: These are not happy times in Japan. Its economy, at one time the most dynamic on the planet, has been in the dumps for over a decade. The population is both aging and declining. A "lost generation" of young Japanese has come of age amid diminished, and diminishing, expectations. The government, controlled as always by the Liberal Democratic Party ("LDP"), is rigid, bloated, corrupt, and deeply in debt. And there is no real reason to believe that the next decade will bring improvement in any of these areas. Not surprisingly, as Japan's economic juggernaut has faltered, the tone …
Ethical And Legal Issues In Singapore Biomedical Research, Taiwo A. Oriola
Ethical And Legal Issues In Singapore Biomedical Research, Taiwo A. Oriola
Washington International Law Journal
In 2000, Singapore established the national "Bioethics Advisory Committee" to examine the ethical, moral, social, and legal implications of life sciences and biotechnology. The Committee will examine numerous topics, including genetic discrimination, cloning, and stem cell research. The Committee is expected to release its frast set of recommendations concerning stem cell research in the first half of 2002. This paper proposes that leveraging Singapore into a world-class biomedical research center will entail synchronizing the relevant areas of its legal ethics infrastructure and culture with that of the major players in the global biotechnology industry. Conversely, adhering to prevailing local ethical …
Evolution Of Land Reform In Russia: The 2001 Land Code And Its Impact On The Commercial Real Estate Market And Direct Foreign Investment, Dana Tumenova
Washington International Law Journal
Russia unambiguously established private land ownership when it adopted the 2001 Land Code, which, although limited to urban and commercial land, clarifies the concept of land ownership in general and allows foreign ownership of those lands. The Land Code permits security interests in commercial and industrial land, which should further stimulate Russia's commercial real estate market, an important component of a functioning market economy. Perhaps the greatest strength of the new Land Code is its provision for foreign ownership, which allows foreign investors to conduct business according to the Western standards without being forced to engage in bribery or other …
Durable Consent And A Strong Transitional Peacekeeping Plan: The Successes Of Untaet In Light Of The Lessons Learned In Cambodia, Dianne M. Criswell
Durable Consent And A Strong Transitional Peacekeeping Plan: The Successes Of Untaet In Light Of The Lessons Learned In Cambodia, Dianne M. Criswell
Washington International Law Journal
In 1999, East Timor voted for independence from Indonesia. That same year the United Nations Security Council created the United Nations Transitional Authority in East Timor ("UNTAET") to help East Timor transition to democracy, self-governance, and sustainable development. Seven years earlier, the United Nations launched a similar mission in Cambodia called the United Nations Transitional Authority in Cambodia ("UNTAC"). There are many similarities between East Timor and Cambodia, and both UNTAET and UNTAC are second-generation United Nations peacekeeping missions. UNTAC and UNTAET had similar mandates, including security, civil administration, and elections. UNTAC encountered opposition from the Cambodian parties, and consent …
Awakening Hong Kong's Sleeping Lion: A Case For Increased Use Of O 62 R 8, Gregor A. Hensrude
Awakening Hong Kong's Sleeping Lion: A Case For Increased Use Of O 62 R 8, Gregor A. Hensrude
Washington International Law Journal
Hong Kong, like much of the world, is facing public criticism about the operation and accessibility of its civil litigation system. One judge and scholar has suggested increased use of a litigation rule requiring solicitors to pay any costs wasted by their misconduct. By comparing this rule to its counterparts in the United Kingdom and the United States, it becomes apparent that such a solution could work to improve litigation in Hong Kong. Increased use of the rule would compensate parties injured by abusive litigation tactics and deter solicitors from engaging in misconduct to line their pockets or win for …
Translation And Analysis Of The Doctrine Of Information Security Of The Russian Federation: Mass Media And The Politics Of Identity, Douglas Carman
Translation And Analysis Of The Doctrine Of Information Security Of The Russian Federation: Mass Media And The Politics Of Identity, Douglas Carman
Washington International Law Journal
The Doctrine of Information Security of the Russian Federation was one of the first policy documents issued by President Vladimir Putin's Security Council. The Doctrine, ostensibly drafted as a security policy document, was severely criticized by the Russian press and civil libertarians for its undue attention to the mass media and the prominence of politicized symbols of identity. The document extends the conventions of security policy discourse into the domain of information, thus legitimizing state intervention in the production of social knowledge. The Doctrine's textual representation of threat, or "discourse of danger," delimits the boundaries of national identity and legitimizes …