Comparative and Foreign Law Commons^™

Compulsory Licensing Of Pharmaceuticals Under Trips: What Standard Of Compensation, Susan Vastano Vaughan

UC Law SF International Law Review

Harmonization of international intellectual property laws has been the object of considerable recent effort under both public international law and international trade law. The GATT Uruguay Round Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) resulted in significant steps toward harmonization. The proper application of compulsory licensing of patents under TRIPS has been the subject of much early debate. Proposed standards of compensation have been wildly divergent, reflecting the conflicting policy concerns of developed and developing nations.

This Note provides an overview of the conflict between developed and developing nations over the proper reach of intellectual property rights. It then …

A First Look At The Interim Merits Award In S.D. Myers, Inc. V. Canada: It Is Possible To Balance Legitimate Environmental Concerns With Investment Protection, Todd Weiler

UC Law SF International Law Review

This Article is a response to Joseph de Pencier's paper Investment, Environment and Dispute Settlement: Arbitration Under NAFTA Chapter Eleven in issue 23:3-4 of this journal. This reply is based upon the author's experience as counsel for the investor in S.D. Myers, Inc. v. Canada (Myers) and similar cases.

This Article provides a critical commentary on various elements of Mr. de Pencier's paper that deal with the Myers claim. It provides some tentative suggestions on how the substantive provisions of NAFTA Chapter 11 might be interpreted in future cases where investment protection and environmental protection appear to be at odds.

Ryousai Kenbo Revisited: The Future Of Gender Equality In Japan After The 1997 Equal Employment Opportunity Law, Robert Larsen

UC Law SF International Law Review

In 1985 amid international and domestic pressure, Japan enacted the Equal Employment Opportunity Law (EEOL). Many viewed it as an era of change, one that would see Japanese women rise to equality with male co-workers. However, equal employment never materialized. Historical context and the experience of the 1985 EEOL provide insights into the future of gender equality in Japan.

This Note provides a brief description of the Japanese corporate world and a historical context of women in Japanese society. It identifies pressures, both domestic and international, that Japan faced prior to 1985 that led up to the EEOL. The 1985 …

The Internet Content Rating Association: The Way To Patrol The Internet Highway, Carrie Lam

UC Law SF International Law Review

The Internet makes information easily accessible and allows people all over the world to research and telecommute from the comforts of their own homes. However, such unlimited access is a double-edged sword. Problematic information that is accessible to anyone with a computer and a modem, such as sexually explicit material, can also be found on the Internet.

This Note examines the conflict between protecting children online and protecting free speech. A comparison is made between the United States' attempts at solutions through the Communications Decency Act and the Child Online Protection Act, and the new international and self-regulatory approach of …

The Socialist Republic Of Vietnam's Labor Code: Looking Beyond The Printed Papers, Johnny Vinh Phan

UC Law SF International Law Review

The Vietnamese government's anxiety and fear of foreign involvement within its borders can be traced back to its history of foreign domination. Many generations of Vietnamese endured continuous warfare to obtain Vietnam's current independence.

This Note walks through Vietnam's economic changes over the past fifteen years. It describes Vietnam's Labor Code, and analyzes the Vietnamese legal system's shortcomings in protecting workers from exploitation by multinational corporations. The Note then identifies possible explanations and solutions to some of the problems, and concludes with an overview of doi moi ("new economic thinking").

Clearly Canadian? Hill V. Colorado And Free Speech Balancing In The United States And Canada, 28 Hastings Const. L.Q. 187 (2001), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Save The Marriage Before (Not After) The Ceremony: The Marriage Preparation Act - Can We Have A Public Response To A Private Problem?, Lundy Langston

University of Miami International and Comparative Law Review

No abstract provided.

Student Article: The Chinese Legal System Made Easy: A Survey Of The Structure Of Government, Creation Of Legislation, And The Judicial System Under The Constitution And Major Statutes Of The Prc, Marc Rosenberg

University of Miami International and Comparative Law Review

No abstract provided.

Jurisdicción Universal Y Crimenes Internacionales, Magdalena María Martin Martínez

University of Miami International and Comparative Law Review

No abstract provided.

Which Torts In Violation Of The Law Of Nations, William S. Dodge

UC Law SF International Law Review

No abstract provided.

Commentary: International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka

Articles

The Internet and e-commerce have created a borderless market. Goods and services sold on the Internet are subject to the patent statutes and regulations of all countries in which customers have access. Because the presence or absence of patent protection—or variations in that protection—hinders the movement of goods and services throughout the Internet, it is necessary to harmonize the protection afforded by Internet patents in their early stages of development. Among the three papers, however, only Professor Chiappetta touched upon the problem of compliance with the provisions in TRIPS. None of the papers paid attention to the feasibility of harmonizing …

Is A Foreign State A "Person"? Does It Matter?: Personal Jurisdiction, Due Process, And The Foreign Sovereign Immunities Act, 34 N.Y.U. J. Int'l L. & Pol. 115 (2001), Karen H. Cross

UIC Law Open Access Faculty Scholarship

No abstract provided.

Trouble Down Under: Some Thoughts On The Australian-American Corporate Bankruptcy Divide, 2001 Utah L. Rev. 189 (2001), Paul B. Lewis

UIC Law Open Access Faculty Scholarship

No abstract provided.

Should An Effective International Criminal Court Have Primacy Or Be Complementary To National Courts? An Analysis Of Concurrent Jurisdiction In The Ad Hoc Tribunals And The Rome Statute, Godwin Yenika Fonye

LLM Theses and Essays

Concurrent criminal jurisdiction depicts a scenario where two or more judicial systems have the legal capacity to investigate, prosecute and punish an accused person for the same criminal acts under their respective, separate jurisdiction. This usually occurs between sovereign states. In the realm of crimes under international law, the distinguishing characteristic is the universal jurisdiction that is conferred on all States to prosecute and punish the perpetrators of such crimes. The "cumulative effect of these different principles of jurisdiction sometimes is to vest multiple states with concurrent jurisdiction to prosecute a given crime. This paper would attempt to analyze the …

Three Nearly Sacred Books In Western Law, George P. Fletcher

Faculty Scholarship

We American lawyers pride ourselves on the secular nature of our legal system. We celebrate the separation of Church and State. We think that the moving spirit of the law is to be found not in eternal truths about the universe but in the contingent needs of social and economic policy. "The life of the law has not been logic: it has been experience," said Oliver Wendell Holmes, Jr., in a sentence that since 1881 has broadcast to every new generation of lawyers the pragmatic foundations of their craft.

We assume that we have little in common with the great …

Doktrin Sadd Al-Dhara'i' Dan Pemakaiannya Dalam Pemerintahan Kerajaan Negeri Kelantan Dari Tahun 1990-1998, Mohd Ramizu Abdullah

Student Works (2000-2009)

The objective or this research is to discuss the Sadd al-Dhara'i doctrine; i.e. one of the many approaches adopted by Islamic legislative practitioners in determining rulings for cases which are not specifically expressed in the holy al-Qur'an and al-Hadith. In this paper, the writer also highlighted the different views of the ulama, Islamic scholars and advocates of the Islamic law in respect of the origin that form the basis of the Islamic legislation. The writer also include in this paper the foundation and the principles underlying Sadd al-Dhara'i doctrine is in conformity with the syara', the criteria that need to …

Guarantee Of Basic Human Rights : A Comparative Study Between Islamic Law, International Charters And Algerian Constitution, Yassine Belkamel

Student Works (2000-2009)

This study deals with the issue of a comparative analysis of the guarantee of basic human rights in Islamic law, International Charter and Algerian constitution. This study finds its merit in the significance of the issue of human rights and its relevancy to our status quo. Notwithstanding, the multidimensionality of the topic of human rights, the researcher opts to focus on one of its important dimensions that is the guarantee of human rights. Historically speaking this issue was not extensively studied in depth by our classical scholars and jurists. Therefore, there is a need for in depth studies on this …

Hukum Bunuh Ke Atas Pengedar Dadah : Satu Analisis Berdasarkan Siasah Syar'iyyah, Wan Norhasniah Haji Wan Husin

Student Works (2000-2009)

This research is carried out to analyze the appropriateness of mandatory death penalty by hanging to drug trafficker based on siasah syar'iyyah. Firstly, a critical review was carried out regarding the definition, aim and methodology of siasah syar'iyyah. It is then followed by the survey on the provision of death penalty under category of ta'zir. In order to comprehend the significance of problem related to illicit drugs, statistical results on crimes associated with drug addict and drug trafficker are presented. This also includes the number of drug traffickers that had been hanged. All these information was obtained from National Drug …

Hak Wanita Dalam Undang-Undang Keluarga Islam Di Brunei, Masnon Ibrahim

Student Works (2000-2009)

In Islamic Law the rights and position of women (specifically, the wives) have been determined in different areas including acts of devotion and the association between husband and wife in matrimonial affairs. This research attempts to discuss the provision and the implementation of Islamic Family Law in Brunei by focusing the research on the rights and position of women in the Act. The study specifically focuses on the provision and implementation of Islamic Family Law in relationship to Islamic Law. This study has performed with discussion on the effect of the contradictions in the implementation of the provision of laws …

Chinese Mortgage Law: An American Perspective, Dale A. Whitman

Faculty Publications

My objective in this paper is to compare and to evaluate some of the features of the American and Chinese systems. I do so without any preconception that the American system provides better answers, but with the recognition that it is far more mature and provides more answers. Hence it provides a reference point from which the Chinese system can be considered. Perhaps each system has something to teach the other.

Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann

UC Law SF International Law Review

No abstract provided.

Holding Multinational Corporations Responsible Under International Law, Joel R. Paul

UC Law SF International Law Review

No abstract provided.

The Three Nixon Cases And Their Parallels In Malaysia, Myint Zan

St. Thomas Law Review

During the period from 1974 to 1982 the Supreme Court of the United States decided three cases in which the late Richard M. Nixon, the 37th President of the United States of America was involved as an appellant/ petitioner. All three cases decided by the United States Supreme Court bore the name of Richard Nixon in the title of the cases. This Article will attempt to discern some of the legal and constitutional issues which have arisen from these "Three Nixon" cases. Some of the issues in these cases would inevitably have arisen out of issues that are peculiar to …

Challenges To Fragile Democracies In The Americas: Legitimacy And Accountability, Martin Böhmer, A.R. Brewer-Carías, Helen Beatriz Mack Chang, Sarah H. Cleveland, Francisco Cox, Lourdes Flores Nano, H.W. Perry Jr., Steven Ratner, Carlos Rosenkrantz, Roberto Saba, Dean Michael Sharlot, Nicolas Shumway, Gerald Torres

Faculty Scholarship

February 25, 2000, the University of Texas School of Law hosted an extraordinary gathering to discuss the fragility of democracies in Latin America and the dangers that they face. The event was sponsored by several institutions at the University of Texas: the School of Law, the Institute of Latin American Studies, the Office of the Provost, the College of Liberal Arts Democracy in the Third Millennium Program, and the International Law Society at the School of Law.

Lawyers Without Frontiers - A View From Germany, Martin Henssler, Laurel S. Terry

Faculty Scholarly Works

This article addresses the effect in Germany of the globalization of legal services. The first section of the article consists of reflections about the development of the German legal market in the past decade and how this development has been influenced by Anglo-Saxon law firms from the U.S. and England. The second section of this paper provides a more detailed analysis of the legal framework that governs the practice of foreign lawyers in Germany will follow. The third section of this paper addresses the issue of Multi-Disciplinary-Practices between lawyers and accountants. These MDPs are forbidden almost everywhere in the world …

A Property Theory Perspective On Russian Enterprise Reform, Michael Heller

Book Chapters

Why have Russian enterprises performed so poorly since privatization? This is a problem with many answers, each independently sufficient: the bleak mix includes vacillating macroeconomic policy, endemic corruption, a corrosive tax structure, poor human capital, and so forth. Even well-performing companies must hide good results because visible profits or dividends provoke confiscatory taxation and mafia visits. In such a difficult environment, the rule of law generally, and corporate governance in particular, may seem not to count. Macroeconomic implosions dwarf subtle distinctions in corporate dividend rules or minority voting rights.

The Foreign Affairs Of Federal Systems: A National Perspective On The Benefits Of State Participation, Daniel Halberstam

Articles

In recent years, the constitutional law of foreign relations has come under intense academic scrutiny, and with it the traditionally accepted constitutional balance between the federal government and the States. In the course of this renewed debate, revisionist scholars have challenged the previously dominant view that States have no place in foreign affairs.

Globalization And Tax Competition: Implications For Developing Countries, Reuven S. Avi-Yonah

Articles

The current age of globalization can be distinguished from the previous one (from 1870 to 1914) by the much higher mobility of capital than labor (in the previous age, before immigration restrictions, labor was at least as mobile as capital). This increased mobility has been the result of technological changes (the ability to move funds electronically), and the relaxation of exchange controls. The mobility of capital has led to tax competition, in which sovereign countries lower their tax rates on income earned by foreigners within their borders in order to attract both portfolio and direct investment. Tax competition, in turn, …

The Best Of Times And The Worst Of Times: Lessons From Recent Reforms Of The French Retirement System, Kathryn L. Moore

Law Faculty Scholarly Articles

Principally because of increasing life expectancy and the fact that the baby boom generation is reaching retirement age and is followed by a much smaller generation, the American social security system is facing a long-term funding deficit. The Board of Trustees of the Federal Old-Age and Survivors and Disability Trust Funds predicts that unless corrective action is taken, social security benefits will exceed dedicated tax revenues by the year 2016, and the social security system will become insolvent, that is, unable to pay benefits in full, by the year 2038.

The United States is not alone in facing these circumstances. …

Economic Restructuring And The European Monetary Union, Juan Luis Millan Pereira

University of Miami International and Comparative Law Review

No abstract provided.