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Articles 421 - 450 of 568
Full-Text Articles in Comparative and Foreign Law
Domestic Technological Innovation: An Approach To Solving South Korea's Labor Problems, Jeffrey F. Dickerman
Domestic Technological Innovation: An Approach To Solving South Korea's Labor Problems, Jeffrey F. Dickerman
Washington International Law Journal
When Korea' became a democracy in 1987, Korea's militant labor movement erupted into a series of nationwide protests and explosive labor strikes. As a consequence, Korea's new democratic government enacted progressive labor laws aimed at increasing wages and improving working conditions for laborers. However, these new progressive labor laws lowered the productivity of businesses. Consequently, many Korean goods could no longer compete in the global market and Korean businesses faced bankruptcy. Tension now exists between Korean businesses and workers as each side attempts to regulate the Korean workweek. The competing interests between business and workers can be balanced by domestic …
The Battle Against Software Piracy: Software Copyright Protection In The Philippines, Grace P. Nerona
The Battle Against Software Piracy: Software Copyright Protection In The Philippines, Grace P. Nerona
Washington International Law Journal
The Philippines enacted the Intellectual Property Code ("IPC") on June 6, 1997 to comply with its World Trade Organization ("WTO") treaty obligations and to respond to U.S. concerns regarding intellectual property protection in the Philippines. The IPC streamlines administrative procedures, increases criminal penalties for copyright infringement, and provides copyright protection for computer software. Despite the enactment of the IPC, the United States has kept the Philippines on its Special 301 "Watch List" of intellectual property rights violators. The United States maintains that the level of intellectual property protection in the Philippines is inadequate and ineffective, particularly in the areas of …
The Constitutional Crisis In Hong Kong—Is It Over?, Lin Feng
The Constitutional Crisis In Hong Kong—Is It Over?, Lin Feng
Washington International Law Journal
The judgment of the Hong Kong Court of Final Appeal ("CFA") in the right of abode case has created several constitutional issues, three of which will be addressed in this paper. They are: (1) whether the CFA has the authority to review Chinese legislation; (2) whether the National People's Congress Standing Committee ("NPCSC") should interpret or amend the Basic Law; and (3) whether an original legislative intent approach or a purposive approach should be adopted for the interpretation of the Basic Law. Prompt resolution of these issues is necessary to resolve constitutional uncertainty in Hong Kong. Successful resolution of these …
Building The Korean Film Industry's Competitiveness: Abolish The Screen Quota And Subsidize The Film Industry, Carolyn Hyun-Kyung Kim
Building The Korean Film Industry's Competitiveness: Abolish The Screen Quota And Subsidize The Film Industry, Carolyn Hyun-Kyung Kim
Washington International Law Journal
Under Korean law, local theaters in Korea must show Korean films for at least 146 days each year. In 1998, this screen quota became the subject of heated debate between the United States and the Korean film industry when the United States demanded that Korea abolish it. The United States believes the quota violates free trade principles, while the Korean film industry argues that cultural products such as films cannot be equated with other commercial commodities. Cultural identities must be protected because a diversified global culture benefits all. Domestic film industries should be protected because films constitute a vehicle for …
Japan's Laws On Dual Nationality In The Context Of A Globalized World, Mie Murazumi
Japan's Laws On Dual Nationality In The Context Of A Globalized World, Mie Murazumi
Washington International Law Journal
Japan's Nationality Law has evolved into a law that tends to prevent or eliminate dual nationality. This characteristic conforms with the traditional view that every country should take steps to avoid situations of dual nationality. It also fits in with Japan's cultural homogeneity and long-developed sense of national loyalty. For over a century, the world viewed dual nationality as an evil to be avoided because of conflict of loyalty problems and difficulties with diplomatic protection. However, the postwar globalization process has produced a desire in many people to have dual nationality as a part of their global identity. Fewer conflicts …
The U.S. Push For Worldwide Patent Protection For Drugs Meets The Aids Crisis In Thailand: A Devastating Collision, Rosemary Sweeney
The U.S. Push For Worldwide Patent Protection For Drugs Meets The Aids Crisis In Thailand: A Devastating Collision, Rosemary Sweeney
Washington International Law Journal
In response to pressure from the United States, Thailand amended its Patent Act in 1992 and 1999 to provide patent protection for drugs and to limit its control on the pricing, importation, and compulsory licensing of patented drugs. These amendments and, perhaps even more importantly, the threat of U.S. trade sanctions, will probably ensure continued high prices and thus restricted access to new, patented Acquired Immune Deficiency Syndrome ("AIDS") drugs in Thailand. These drugs have dramatically changed the length and quality of life of patients infected with Human Immunodeficieny Virus ("HIV") in developed countries. About one million Thais are infected …
The Wto Panel Decision On Australia's Salmon Import Guidelines: Evidence That The Sps Agreement Can Effectively Protect Human Health Interests, Matthew D. Taylor
The Wto Panel Decision On Australia's Salmon Import Guidelines: Evidence That The Sps Agreement Can Effectively Protect Human Health Interests, Matthew D. Taylor
Washington International Law Journal
On July 19, 1999, Australia lifted its ban on salmon imports and announced new salmon import guidelines. The new guidelines were promulgated in response to a World Trade Organization ("WTO") Appellate Body determination that the import ban violated the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS Agreement"). Canada challenged Australia's new import guidelines, alleging that the new guidelines also violate the SPS Agreement. The WTO dispute settlement panel held that, with the exception of only one provision, Australia's new salmon import guidelines are based on appropriate scientific risk analyses and are now in line with comparable import …
A Silent Emergency Persists: The Limited Efficacy Of U.S. Investment Sanctions On Burma, Anna E. Johansson
A Silent Emergency Persists: The Limited Efficacy Of U.S. Investment Sanctions On Burma, Anna E. Johansson
Washington International Law Journal
For the past three decades, the repressive military junta that has ruled Burma has engaged in torture, extra-judicial killings, compulsory labor, and arbitrary arrests and detentions. Economic growth and human development in Burma have stagnated. In response to human rights abuses and uninhibited drug production and trafficking, the United States imposed investment sanctions on Burma in 1997. However, Burma's regional alliances and illicit profits from drugs have filled any vacuum left by withdrawal of U.S. investments and have neutralized the effect of the sanctions. Therefore, the United States needs to rethink its current sanctions scheme. The United States should consider …
Punishment And Preventing Pollution In Japan: Is American-Style Criminal Enforcement The Solution?, Robert G. Kondrat
Punishment And Preventing Pollution In Japan: Is American-Style Criminal Enforcement The Solution?, Robert G. Kondrat
Washington International Law Journal
Both Japan and the United States face the ongoing threat of intentional and preventable pollution. From 1970 until the mid-1980s, Japan utilized its environmental crime laws to punish and prevent intentional and preventable acts of pollution. After this period, however, the number of environmental crime arrests and prosecutions in Japan declined. In contrast, since the 1980s, the United States has continued to expand the number of prosecutors and investigators dedicated to the enforcement of environmental crime laws. These divergent trends can be explained by the different pollution histories, enforcement personnel structures, regulatory strategies, and case law of the two countries. …
The Japanese Firearm And Sword Possession Control Law: Translator's Introduction, Mark Alleman
The Japanese Firearm And Sword Possession Control Law: Translator's Introduction, Mark Alleman
Washington International Law Journal
Japan's Firearm and Sword Possession Control Law was amended in 1993 and again in 1995, partially in response to changing firearms confiscation demographics. In the past, most firearms were confiscated from members of organized crime groups, and the Japanese viewed firearms largely as a danger related to organized crime. However, confiscation statistics suggest that firearms are moving into the hands of the general population, increasing the risk firearms pose to public safety in Japan. In response to this trend, Japan amended the Firearm and Sword Possession Control Law in 1993 and 1995 by adding add new crimes, more severe punishments, …
One Country, Two (Taxation) Sytems: A Treaty In All But Name, Andrew Halkyard
One Country, Two (Taxation) Sytems: A Treaty In All But Name, Andrew Halkyard
Washington International Law Journal
It came as no small surprise when it was announced in February 1998 that the Chinese mainland ("the Mainland") and Hong Kong had agreed to enter into an arrangement for the avoidance of double taxation of income. Although concerns of double taxation between the Mainland and Hong Kong tended to be more academic than practical, this arrangement helps establish a firm foundation for future co-operation by the Mainland and Hong Kong on trade and other economic matters. From a Hong Kong taxation perspective, it is one of the most significant developments to have occurred for a very long time. From …
The Proposed Revisions To Japan's Juvenile Law: If Punishment Is Their Answer, They Are Asking The Wrong Question, Jessica Hardung
The Proposed Revisions To Japan's Juvenile Law: If Punishment Is Their Answer, They Are Asking The Wrong Question, Jessica Hardung
Washington International Law Journal
The Juvenile Law in Japan turned fifty years old on January 1, 1999. Japan enjoys one of the lowest overall crime rates of any industrialized nation, but its juvenile crime rate is on the rise. The rise in juvenile crime has prompted Japanese legislators to propose changes to the Juvenile Law. This Comment argues that the majority of the proposed revisions, which do not focus on rehabilitation, should not be adopted and that social controls already in place are sufficient to combat any increase in juvenile delinquency. Japanese culture has unique characteristics that contribute to its low crime rate. In …
Antitrust In Japan: The Original Intent, Harry First
Antitrust In Japan: The Original Intent, Harry First
Washington International Law Journal
This Article examines the "original intent" of those involved in drafting Japan's Antimonopoly Act, passed in 1947. Japanese sources generally assume this legislation to be pure American invention, a foreign transplant that the Japanese did not understand and that was improperly imposed on a country in which antitrust was, and continues to be, irrelevant. Drawing on original Occupation documents, however, this Article shows that negotiators from Japan's government understood perfectly well what the legislation was about. More than understanding, the government of Japan in fact drafted the statute that was finally enacted, and its provisions reflect the success Japan's negotiators …
Firearm And Sword Possession Control Law, Mark Alleman
Firearm And Sword Possession Control Law, Mark Alleman
Washington International Law Journal
This Law sets forth safety regulations necessary for the prevention of harm related to the possession and use of firearms and swords.
Watching The Watchdog: China's State Compensation Law As A Remedy For Procuratorial Misconduct, Keith Hand
Watching The Watchdog: China's State Compensation Law As A Remedy For Procuratorial Misconduct, Keith Hand
Washington International Law Journal
In 1994, China enacted a comprehensive State Compensation Law ("SCL"). The SCL provides individuals and legal entities with the right to compensation in a limited number of situations in which they are harmed by illegal government acts. The purpose of the law is twofold: (1) to guarantee the rights of individuals and legal entities to obtain compensation and (2) to encourage state officials to exercise their powers lawfully. In theory, the SCL provides an important check on the conduct of procurators and other government officials. China's procurators serve dual roles as criminal prosecutors and as supervisors of the legal process. …
The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham
The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham
Washington International Law Journal
The Australian government has proposed two amendments to the Migration Act. The first excludes judicial review of administrative determinations in the immigration context. The second severely limits how and when detained refugees can access information regarding their rights as asylum seekers. Refugees arrive in Australia vulnerable and wholly ignorant of the legal system, and must make their claims for asylum in a politically hostile atmosphere. Current immigration laws protect the integrity of the system by making judicial review of immigration determinations possible in some cases and by giving refugees access to information on the refugee determination process. The proposed amendments …
Legalization Of The Birth Control Pill In Japan Will Reduce Reliance On Abortion As The Primary Method Of Birth Control, Evy F. Mcelmeel
Legalization Of The Birth Control Pill In Japan Will Reduce Reliance On Abortion As The Primary Method Of Birth Control, Evy F. Mcelmeel
Washington International Law Journal
The United Nations has decreed that access to a variety of methods of birth control is a basic human right, that prevention of pregnancy, not termination, is the goal of birth control, and that abortion is an unacceptable method of birth control. Until recently, condoms and the rhythm method were the only legal forms of contraception in Japan. The high failure rates of these methods, coupled with access to abortion on demand, made abortion the de facto primary method of birth control in Japan. The Japanese government's recent decision to end the ban on oral contraceptives will reduce the number …
Law And Discretion In The Contemporary Chinese Courts, Margaret Y.K. Woo
Law And Discretion In The Contemporary Chinese Courts, Margaret Y.K. Woo
Washington International Law Journal
The last twenty years of Chinese legal reforms have been particularly interesting to scholars and activists alike. During this period, Chinese legal reforms have moved from purely substantive changes in economic laws to the realm of domestic structural reforms of the court system. Today, legal reformers are discussing the use of open trials, adversarial advocacy, and even judicial independence. This Article explores how far some of these reforms may go by considering the path of structural and procedural changes adopted by the Chinese courts in the past twenty years. It includes an analysis of the tension faced by all legal …
The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham
The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham
Washington International Law Journal
The Australian government has proposed two amendments to the Migration Act. The first excludes judicial review of administrative determinations in the immigration context. The second severely limits how and when detained refugees can access information regarding their rights as asylum seekers. Refugees arrive in Australia vulnerable and wholly ignorant of the legal system, and must make their claims for asylum in a politically hostile atmosphere. Current immigration laws protect the integrity of the system by making judicial review of immigration determinations possible in some cases and by giving refugees access to information on the refugee determination process. The proposed amendments …
Chinese Real Estate Mortgage Law, Patrick A. Randolph Jr., Lou Jianbo
Chinese Real Estate Mortgage Law, Patrick A. Randolph Jr., Lou Jianbo
Washington International Law Journal
This Article reviews the developing Chinese law pertaining to real estate mortgage loans with a focus on the questions that an American practitioner might have about the Chinese system. It identifies those areas of difference between the American and Chinese systems that might raise concerns for an American practitioner. Attention is given to issues of concern both to parties functioning as lenders and to parties functioning as borrowers or investors in mortgaged property. Although Chinese lawmakers have made major steps in recent years to provide clarity and predictability in the laws pertaining to mortgages, some of these laws have minor …
Criminalizing Money Laundering As A Method And Means Of Curbing Corruption, Organized Crime, And Capital Flight In Russia, Sam Chung
Washington International Law Journal
In the wake of the post-Soviet privatization in the Russian Federation, corruption and organized crime have flourished, contributing to capital flight, economic instability, and the collapse of Russia's financial system. Over the same period, Russian legislators have worked to reform the legal system in order to facilitate their country's transition to democracy and the rule of law. In 1997, legislative efforts led to the enactment of a new criminal code that emphasizes the rights of the individual as opposed to the power of the government. More recently, several draft bills targeting money laundering activities and banking reform have been introduced …
A Unitary Asean Patent Law In The Aftermath Of Trips, Christian H. Nguyen
A Unitary Asean Patent Law In The Aftermath Of Trips, Christian H. Nguyen
Washington International Law Journal
Members of the Association of Southeast Asian Nations ("ASEAN") have come to recognize that rigorous protection for industrial and technological innovations is essential to the economic viability of the Southeast Asian region. This recognition has heightened since the inception of the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPs"). TRIPs imposes minimum standards for patent protection upon signatories to the World Trade Organization, which includes most of the ASEAN member countries. Strict compliance with TRIPs standards can severely aggravate the administrative deficiencies in national patent systems, but such deficiencies can be considerably alleviated with the institution of a regional …
Are You My Mommy, Or My Big Brother? Comparing Internet Censorship In Singapore And The United States, Lewis S. Malakoff
Are You My Mommy, Or My Big Brother? Comparing Internet Censorship In Singapore And The United States, Lewis S. Malakoff
Washington International Law Journal
Governments across the globe are grappling to find an appropriate and effective way to regulate Internet activity. Singapore's experience with Internet regulation is particularly instructive, illustrating the inherent tension when a government simultaneously champions the Net's commercial, educational, and social potential while attempting to protect its population from material that offends the community's normative sensibility. Singapore has enacted regulations that require Internet Service Providers to filter content at the network level through the use of proxy servers. In addition, Singapore has issued an Internet Code of Practice that establishes the framework for acceptable speech in cyberspace. In the United States, …
A Look At Damage Awards Under Japan's Trademark Law And Unfair Competition Prevention Law, Masumi Anna Osaki
A Look At Damage Awards Under Japan's Trademark Law And Unfair Competition Prevention Law, Masumi Anna Osaki
Washington International Law Journal
Although the United States and Japan have similarly worded intellectual property statutes, significant differences in the stated statutory objectives as well as the substantive rights protected by those laws give rise to concern over the scope and quality of intellectual property protection offered in Japan. Collectivist values that frown upon personal gain have contributed to the less-than-adequate enforcement of individual intellectual property rights in Japan, and this socio-judicial ethic has been consistently reflected in the minimal damage awards granted by the courts. The courts' traditionally narrow construction of damage provisions in the intellectual property arena has resulted in the limitation …
An Inquiry Into Several Difficult Problems In Enacting China's Uniform Contract Law, Wang Lliming, Keith Hand
An Inquiry Into Several Difficult Problems In Enacting China's Uniform Contract Law, Wang Lliming, Keith Hand
Washington International Law Journal
Translator's Forward: In March of 1999, China's Ninth National People's Congress ("NPC") passed the Contract Law of People's Republic of China. The new law is the product of nearly six years of drafting work by China's Legislative Affairs Commission and contains over 400 articles, including 129 general contract provisions and 299 articles dealing with specific types of contracts. When the law takes effect on October 1, 1999, it will unify China's contract law by replacing the three principal contract statutes currently in force, the Economic Contract Law, the Foreign-related Economic Contract Law, and the Technology Contract Law. The passage of …
The 1997 Deregulation Of Japan's Holding Companies, Andrew H. Thorson, Frank Siegfanz
The 1997 Deregulation Of Japan's Holding Companies, Andrew H. Thorson, Frank Siegfanz
Washington International Law Journal
In 1947, Japan enacted the Act Concerning Prohibition of Monopolization and Maintenance of Fair Trade ("AMA"), known to some as the "Economic Constitution of Japan" because of its fundamental role in structuring Japan's economy. Among the most profound legislative provisions the 1947 AMA introduced to Japanese economic law are an absolute prohibition on pure holding companies and strict regulations upon stockholding by certain other types of companies. The legislature established these provisions as part of a plan to de-concentrate excessive economic power then wielded in the Japanese economy by large integrated enterprise complexes known as the zaibatsu. Fifty years …
The 1997 Deregulation Of Japan's Holding Companies, Andrew H. Thorson, Frank Siegfanz
The 1997 Deregulation Of Japan's Holding Companies, Andrew H. Thorson, Frank Siegfanz
Washington International Law Journal
In 1947, Japan enacted the Act Concerning Prohibition of Monopolization and Maintenance of Fair Trade ("AMA"), known to some as the "Economic Constitution of Japan" because of its fundamental role in structuring Japan's economy. Among the most profound legislative provisions the 1947 AMA introduced to Japanese economic law are an absolute prohibition on pure holding companies and strict regulations upon stockholding by certain other types of companies. The legislature established these provisions as part of a plan to de-concentrate excessive economic power then wielded in the Japanese economy by large integrated enterprise complexes known as the zaibatsu. Fifty years …
Potential Disregard Of The Corporate Entity & U.S. Subsidiary Invocation Of Japanese Parent's Treaty Rights, Eric K. Kawabata
Potential Disregard Of The Corporate Entity & U.S. Subsidiary Invocation Of Japanese Parent's Treaty Rights, Eric K. Kawabata
Washington International Law Journal
U.S. corporate subsidiaries of Japanese parent companies enjoy the same advantages of incorporation (e.g., liability limited to the amount of investment) and the same legal protections extended to domestically-held U.S. corporations (e.g., access to courts and various legal remedies). Thus, it would be a natural and logical assumption that U.S. subsidiaries of Japanese parent companies are required to comply with U.S. law in the same manner as domestically-held corporations. However, some U.S. subsidiaries, by asserting that they are, in reality, inseparable from their Japanese parent companies, have been allowed to avail themselves of exceptions to U.S. law under the U.S.-Japan …
Arbitration Fails To Reduce Foreign Investors' Risk In China, Charles Kenworthey Harer
Arbitration Fails To Reduce Foreign Investors' Risk In China, Charles Kenworthey Harer
Washington International Law Journal
Arbitration is often perceived as a fair and efficient method of reducing risk associated with business transactions and investments. In China, Arbitration is constrained by statute and local protectionism such that arbitration can fail to live up to the expectations of foreign investors. Arbitration in China divides all disputes into domestic or foreign-related disputes, with different procedures for each, and different standards for enforcement and judicial review of those awards. Local protectionism presents a substantial risk to foreign parties involved in arbitration. A general lack of expertise in foreign-related disputes law, and difficulty in enforcing arbitration awards in favor of …
Federal Maritime Commission Sanctions On Japanese Carriers: A Call For Fairer Methods Of Resolving Disputes, Randy L. Baldemor
Federal Maritime Commission Sanctions On Japanese Carriers: A Call For Fairer Methods Of Resolving Disputes, Randy L. Baldemor
Washington International Law Journal
On February 26, 1997, the U.S. Federal Maritime Commission imposed sanctions upon Japanese shipping carriers for allegedly restrictive port practices that existed in Japan. The Federal Maritime Commission imposed the sanctions under Section 19 of the Merchant Marine Act of 1920. Section 19 gives the Federal Maritime Commission authority to make rules and regulations where conditions unfavorable to shipping in the foreign trade exist. However, the Japanese Government does not control the port practices in Japan. The Japan Harbor Transportation Authority, a private conglomeration of labor unions, shippers, and other shipping entities in Japan, regulates port practices through collective-bargaining negotiations. …