Comparative and Foreign Law Commons^™

Comparative Analysis Of International And Chinese Human Rights Law--Universality Versus Cultural Relativism, Melanne Andromecca Civic

Buffalo Journal of International Law

No abstract provided.

Controlling The Environmental Consequences Of Power Development In The People's Republic Of China, Homer Sun

Michigan Journal of International Law

This Note proposes a strategy to mitigate the environmental degradation resulting from China's power development. Part I introduces China's power industry - its excessive dependence on coal, its antiquated and inefficient infrastructure, its pollutive effects, and its projected expansion. Part II appraises the ways in which China's environmental laws, macroeconomic controls, and foreign investment restrictions influence the growth of power development and its corresponding effect on the environment. Part III assesses the role that governments, development banks, and international organizations can play in curbing the environmental impact of Chinese power projects. Considering the problems associated with current Chinese and international …

Using American Antitrust To Interpret Costa Rican Competition Law, Pedro M. Mufoz

ILSA Journal of International & Comparative Law

Of course I know, and every other sensible man knows, that the Sherman law is damned nonsense, but if my country wants to go to hell, I am here to help it.

Justice Oliver Wendell Holmes, Jr.

In the model of perfect competition, the market is so populated by sellers and buyers that no one individual can influence the market price through' the manipulation of input or output. "All relevant prices are known to each producer, who also knows of all input combinations technically capable of producing any specific combination of outputs and who makes input-output decisions solely to maximize …

Contratacion Entre Una Empresa Japones Y Una Empresa Estadounidense: Las Diferencias En La Importancia De Los Documentos Escritos Como El Acuerdo Final En El Japon Y Los Estados Unidos, Kizuki Kuzuhara

ILSA Journal of International & Comparative Law

Las Diferencias en el Enfoque para Formar un Contrato

Generalmente, el enfoque japonds a la formaci6n de un contrato difiere significativamente al enfoque estadounidense. Desde luego, sin estas diferencias muchas disputas entre estos pafses no existirian.

Usando Antimonopolio Estadounidense Para Interpretar La Ley De Competencia Costarricense, Pedro M. Mufioz

ILSA Journal of International & Comparative Law

En el modelo de la competencia perfecta el mercado estA tan poblado por vendedores y compradores que ninguno de ellos puede – bien mediante la manipulaci6n de aporte o rendimiento - influenciar el precio del mercado.

La Norma Costarricense Sobre Elarbitraje Comercial Y La Ley Federal Sobre Arbitraje, Jurgen Nanne Koberg

ILSA Journal of International & Comparative Law

El arbitraje comercial es un m6todo de procedimientos para resolver disputas sin litigo alternativo de conflictos (RAC) que ha sido usado mundialmente para evitar los extensos y costosos de procedimientos ante autoridades judiciales.

Proscribiendo El Uso De Refugiados Como Instrumentos De La Politica Extranjera, Geoffrey W. Hymans

ILSA Journal of International & Comparative Law

Presuma que usted es el dictador de un pais pequefio adyacente a una naci6n pr6spera e industrializada. Usted tiene poca interacci6n con esta naci6n porque objeta a la manera en que usted mantiene control de los disidentes en su pafs. Pero hay politicas internas de la naci6n pr6spera que, si cambiadas, pueden traer un beneficio econ6mico a su pais.

The North American Free Trade Agreement: Reasons For Passage And Requirements To Be A Foreign Legal Consultant In A Nafta Country, Michael J. Chrusch

ILSA Journal of International & Comparative Law

Under a global economy, countries around the world trade with each other. International trade is essential to achieving a global economy. As the world moves toward a global economy, the need for international trade of goods and services is increasing. Numerous agreements between countries have been passed to facilitate international trade

Peruvian International Tax Treaties, Adrian Revilla

ILSA Journal of International & Comparative Law

Peru agrees with the idea that double tax treaties are not only useful, but invaluable tools in promoting understanding, stability and confidence among the participants in international commerce. The tangible benefits of the mechanisms provided by double-tax treaties include: the lowering of costs to the investor, the attraction of capital, and a shared understanding on the part of tax administrations of how the limited tax revenues from productive enterprises will be apportioned.

Recent Activity Before The International Court Of Justice: Trend Or Cycle?, Gary L. Scott, Heather Macgregor Bothwell, Jennifer Pennel

ILSA Journal of International & Comparative Law

Following the United States refusal to participate in the Nicaragua case,' and its subsequent withdrawal from the so-called "optional clause,", a great deal of pessimism surrounded the future of the International Court of Justice.3 Less than a decade later, and only half way through the decade of international law, it would appear, to paraphrase Mark Twain, that reports of the court's demise were greatly exaggerated.

Seguro De Credito Para Las Exportaciones Y El Acuredo General Sobre Aranceles Y Comercio, Rafael E. Cafas, Eric Scharf

ILSA Journal of International & Comparative Law

A partir de la finalizaci6n de la Segunda Guerra Mundial, se han incrementado los esfuerzos para limitar la aplicaci6n de barreras que afectan: el comercio internacional, perjudican la competencia entre paises y impiden la globolizaci6n de un sistema de mercado libre. En virtud de to anterior, se ha procurado que los subsidios de credito a las exportaciones no constituyan un elemento de competencia en las transacciones internacionales

General Principles Of International Environmental Law, Max Valverde Soto

ILSA Journal of International & Comparative Law

This article is a description of the general principles and rules of international environmental law that have emerged from international treaties, agreements, and customs. The significance of the generality of these principles is that they can be applied to the international community for the protection of the environment.

Outlawing The Use Of Refugees As Tools Of Foreign Policy, Geoffrey W. Hymans

ILSA Journal of International & Comparative Law

Assume that you are the dictator of a small country adjacent to a prosperous first world nation. You have little interaction with this nation because it objects to the manner in which you maintain control of the dissidents in your country. However, there are internal policies of the prosperous nation that, if changed, could bring an economic windfall to your country.

A Comparative Study Of The Jewish And The United States Constitutional Law Of Capital Punishment, Steven Davidoff

ILSA Journal of International & Comparative Law

The Jewish view on the death penalty is that it should exist but it should never be used .... [lI]t is Governor Pataki's job to ensure :order. But he must remember that as a leader he must exhibit attributes of both the father and the mother. Governor Pataki is a nice man. But if he acts on the death penalty, he will be the leader of a bloody government

Contracting Between A Japanese Enterprise And An American Enterprise: The Differences In The Importance Of Written Documents As The Final Agreement In The United States And Japan, Kizuki Kuzuhara

ILSA Journal of International & Comparative Law

"One cause of the failure of mission work is that most of the missionaries are entirely ignorant of our history . . . 'what do we care for heathen records?' . . . and consequently estrange their religion from the habits of thought we and our forefathers have been accustomed to for centuries past."'

A. The Differences in the Approach to Forming a Contract

Generally, the Japanese approach to contract formation differs significantly from the American approach. Indeed, without this difference many disputes between the countries would not exist. Nevertheless, presently, the typical American business person says the Japanese approach …

Credit Insurance For Exports And The General Agreement On Tariffs And Trade, Rafael E. Cafias, Eric Scharf

ILSA Journal of International & Comparative Law

By the end of World War II, increased efforts have been made to limit the enforcement of certain trade barriers which affect international trade, hinder the competition between countries, and prevents the globalization of a free-market system. It is in this light, that endeavors have taken place to avoid export credit subsidies from becoming a competitive element in international transactions. The General Agreement on Tariffs and Trade

Principios Generales Del Derecho Ambiental Internacional, Max Valverde Soto

ILSA Journal of International & Comparative Law

Este articulo pretende describir las normas y principios generals del derecho internacional del medio ambiente surgidos a partir de tratados, convenios y costumbres internacionales. La significancia de la generalidad de estos principios es que se podrian aplicar a la comunidad internacional para la protecci6n del medio ambiente.

International Law And Anti-Personnel Landmines, Ariane Sand-Trigo

ILSA Journal of International & Comparative Law

Antipersonnel land mines are among the deadliest and most insidious weapons in the world today: their aim is to maim for life, they cannot distinguish between the footfall of a soldier and that of a child and they recognize no cease-fire or end to war. More than 110 million active mines are scattered in sixty-four countries and the problem is growing worse at a dramatic rate.

International Law And Anti-Personnel Land Mines, Stephen Goose

ILSA Journal of International & Comparative Law

Human Rights Watch was one of the six non-governmental organizations (NGOs) that initiated the International Campaign to Ban Land Mines in 1992. The Campaign calls for a comprehensive international ban on the production, stockpiling, trade and use of antipersonnel land mines. It also calls for increased international resources for mine clearance and victim assistance programs.

Fact-Bargaining: An American Phenomenon, William T. Pizzi

Publications

No abstract provided.

The Historical Origins Of The Alien Tort Statute: A Response To The Originalists, William S. Dodge

UC Law SF International Law Review

The Alien Tort Statute, 28 U.S.C. § 1350, which provides federal jurisdiction over suits by aliens for torts in violation of the law of nations, has been used repeatedly in human rights litigation since Filartiga v. Pefia-Irala, 630 F.2d 876 (2d Cir. 1980). This Article looks at the history of the Alien Tort Statute, tracing its origins to the Alien Tort Clause of the 1789 Judiciary Act and, before that, to a 1781 resolution of the Continental Congress urging States to allow damages suits to redress violations of the law of nations. This history shows that the Alien Tort Statute …

American Wine's New Internationalism: Nafta's Impact On The U.S. Wine Industry In The Established And Emerging Markets Of Canada And Mexico, Sarah E. Richards

UC Law SF International Law Review

The North American Free Trade Agreement (NAFTA) specifically addresses wine trade issues. Although these provisions constitute only a small part of the overall agreement, their inclusion reflects the important role the wine industry has assumed in the United States, and hints at the increasingly prominent role wine exports will have in future relations among North American countries.

This Note examines the special problems that arise in conjunction with the exportation of wine and other alcoholic beverages from the United States. It goes on to contend, however, that NAFTA's implementation should significantly boost U.S. wine exports to the established but heavily …

From Dictatorship To Democracy: Environmental Reform In Chile, Scott C. Lacunza

UC Law SF International Law Review

At the Summit of the Americas in December 1994, Canada, Mexico, and the United States formally invited Chile to join the North American Free Trade Agreement (NAFTA). Chile was selected as the first Latin American country to receive an invitation based upon its open market system, stable democratic government, and impressive decade-long economic growth. As the first Latin American country selected to join NAFTA, Chile has been viewed as a model for other developing nations to follow. However, while Chile's economic successes have been lauded as triumphs of the free market approach, little attention has focused on the severe environmental …

Treatment Of Computer Software Under The Foreign Sales Corporation (Fsc) Provisions Of The Internal Revenue Code, David J. Kastanis

UC Law SF International Law Review

In 1984, the United States Congress enacted the Foreign Sales Corporation (FSC) provisions of the Internal Revenue Code in an effort to promote the export of U.S. produced goods by means of exempting from taxation a portion of income derived from the sale, lease or rental of "export property" for use abroad. The Internal Revenue Service has, however, denied the computer software industry access to this benefit by excluding software from the definition of "export property." This Note examines the congressional intent underlying the enactment of the FSC legislation and the evolution of the interpretation of the term "export property" …

Technology Licensing To China: The Influence Of Culture, Anna M. Han

UC Law SF International Law Review

In the 1980s and 1990s, China enacted laws that protect intellectual properties being licensed to China. These laws are fairly complete and conform generally to international standards. Notwithstanding the enactment of domestic legislation and participation in international treaties, and accords, criticism of China's protection of intellectual property rights continues unabated. Foreign owners of technology still doubt China's ability to enforce its laws.

The author provides a brief historical overview of the development of intellectual property laws in China and the negotiations between the United States and China that have resulted in a bilateral accord. In addition, the author explores historical, …

Copyright Protection Of Computer Software In Taiwan And Its Enforcement By The Information Product Anti-Piracy Alliance, George C. C. Chen

UC Law SF International Law Review

Taiwan is one of the fastest growing global participants in the information technology industry. Over the last two decades, Taiwan has become a major market for and producer of computer-related products, including a wide variety of computer software. However, despite its current achievements in this industry, Taiwan continues to be plagued by its international reputation as "The Pirate Kingdom." In response, both the Taiwanese government and private organizations have begun to address this problem by providing foreign persons with greater intellectual property protections. The Taiwanese legislature has bolstered existing copyright protections through a revision of the Taiwanese Copyright Law. In …

Considerations In Representing Western Companies In Technology Transfers To East Asia, Jeffrey J. Blatt

UC Law SF International Law Review

The countries of East Asia have some of the fastest growing economies in the world. The region's need for high technology is evident in the semiconductor, broadcasting, electronics, and telecommunications fields. Lack of high technology infrastructure outside major metropolitan areas lends itself to foreign direct investment, joint ventures, and the procurement of high technology by Asian buyers.

This Paper addresses a number of considerations, issues, pitfalls, and concerns for structuring a successful technology transfer to East Asia, from the perspective of a potential technology transferor or vendor. Specifically, this Paper examines the effect of export controls, tax implications, the Foreign …

The Resolution Of Intellectual Property Disputes Involving East Asian Parties, George W. Coombe Jr.

UC Law SF International Law Review

The resolution of international commercial disputes by conciliation and arbitration has gained considerable momentum throughout East Asia. A strong emphasis has been placed upon the conciliation technique and the historical, social, and cultural derivations pertaining to its use in East Asia.

This Paper examines the pragmatic consideration of software disputes and their resolution using proposed draft agreements between U.S. and Japanese parties in order to enhance appreciation of the conciliation and arbitration perspective in the context of intellectual property.

Enforcement Of Injunctive Relief And Arbitration Awards Concerning Title To And Enforcement Of Intellectual Property Rights In Asia And The Pacific Rim, M. Scott Donahey

UC Law SF International Law Review

Increasingly, companies are licensing their intellectual property rights for use by foreign companies in countries other than those in which the rights were created. Should disputes concerning the license agreements arise, the parties require a neutral forum in which such disputes can be resolved. The traditional neutral forum for international commercial disputes is international arbitration.

Unfortunately, the recognition and enforcement of arbitral agreements and arbitral award varies from country to country. This Paper surveys of Asian and Pacific legal systems to underscore the differences in treatment throughout the region. A working knowledge of how a particular country views the arbitrability …

The Role Of The Judiciary In India's Constitutional Democracy, Maureen Callahan Vandermay

UC Law SF International Law Review

During the period immediately following India's independence from British rule, the Indian framers promulgated a Constitution which was designed to take account of India's unique circumstances. The Constitution both ensured the legal and social equality of all Indians and afforded the Indian Parliament considerable power to alter the Constitution in order to take account of changed political circumstances. Inevitably, shortly after the Constitution's adoption the Parliament began employing its powers of amendment to limit the effect of those provisions designed to promote equality. The Indian Judiciary responded, however, with various efforts to safeguard the constitutionally-protected liberties from abrogation by Parliament. …