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Comparative and Foreign Law Commons™

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2003

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Institution
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Articles 91 - 120 of 273

Full-Text Articles in Comparative and Foreign Law

Facing The Aging Wave: Proposed Social Security Reform In The Philippines, Les Coughran Mar 2003

Facing The Aging Wave: Proposed Social Security Reform In The Philippines, Les Coughran

Washington International Law Journal

The Philippines's Social Security System is eroding because of demographic changes. These changes have tipped the financial balance, which incremental design changes have failed to restore. The system contains weaknesses that are exacerbated by limited financial transparency and poor asset management. International social security systems, designed to include public defined benefit programs, public hypothetical account programs, publicly mandated defined contribution programs, and/or private sphere components, provide the Philippines with examples of alternate national systems. While each of these components alleviates certain risks, no single component is comprehensive in safeguarding against demographic, economic, or inflationary risks. This Comment asserts that the …

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Reforming The Japanese Commercial Code: A Step Towards An American-Style Executive Officer System In Japan?, Matthew Senechal Mar 2003

Reforming The Japanese Commercial Code: A Step Towards An American-Style Executive Officer System In Japan?, Matthew Senechal

Washington International Law Journal

After more than a decade of attempting to remedy failing banks, rising unemployment, and a shrinking economy, Japan has taken a new approach to economic reform. With the hope of improving corporate profits and international competitiveness, the Japanese Diet passed legislation in May 2002 amending the Commercial Code to allow corporations to adopt an American-style executive officer system. The amendment establishes a workable new framework for more effective corporate governance in Japan and serves as an important early step in what promises to be a long road to reform. These benefits notwithstanding, its impact will be limited by the Amendment's …

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Reforming The Japanese Commercial Code: A Step Towards An American-Style Executive Officer System In Japan?, Matthew Senechal Mar 2003

Reforming The Japanese Commercial Code: A Step Towards An American-Style Executive Officer System In Japan?, Matthew Senechal

Washington International Law Journal

After more than a decade of attempting to remedy failing banks, rising unemployment, and a shrinking economy, Japan has taken a new approach to economic reform. With the hope of improving corporate profits and international competitiveness, the Japanese Diet passed legislation in May 2002 amending the Commercial Code to allow corporations to adopt an American-style executive officer system. The amendment establishes a workable new framework for more effective corporate governance in Japan and serves as an important early step in what promises to be a long road to reform. These benefits notwithstanding, its impact will be limited by the Amendment's …

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Curbing Child-Trafficking In Intercountry Adoptions: Will International Treaties And Adoption Moratoriums Accomplish The Job In Cambodia?, Kelly M. Wittner Mar 2003

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 …

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The Experimental Use Exception In Japan: A Model For U.S. Patent Law?, Jennifer A. Johnson Mar 2003

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, …

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From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler Mar 2003

From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler

Washington International Law Journal

In post-industrial countries like Japan, modem environmental problems defy easy clean up solutions. Thus, effective clean up depends on diverse regulation. Historically, the Japanese government has relied on statutes that mandated technical "fixes" to clean up highly publicized pollution problems. Although such regulations have been successful in areas like air pollution, recent newspaper headlines highlight the extent to which environmental issues continue to affect densely populated Japan. Beginning with the passage of the Environmental Impact Assessment Law in 1997, however, Japan has significantly diversified its environmental policy. Along with strict new regulatory standards, new national laws now allow public access …

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The Cultural Property Laws Of Japan: Social, Political, And Legal Influences, Geoffrey R. Scott Mar 2003

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 …

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Facing The Aging Wave: Proposed Social Security Reform In The Philippines, Les Coughran Mar 2003

Facing The Aging Wave: Proposed Social Security Reform In The Philippines, Les Coughran

Washington International Law Journal

The Philippines's Social Security System is eroding because of demographic changes. These changes have tipped the financial balance, which incremental design changes have failed to restore. The system contains weaknesses that are exacerbated by limited financial transparency and poor asset management. International social security systems, designed to include public defined benefit programs, public hypothetical account programs, publicly mandated defined contribution programs, and/or private sphere components, provide the Philippines with examples of alternate national systems. While each of these components alleviates certain risks, no single component is comprehensive in safeguarding against demographic, economic, or inflationary risks. This Comment asserts that the …

Go to article

From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler Mar 2003

From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler

Washington International Law Journal

In post-industrial countries like Japan, modem environmental problems defy easy clean up solutions. Thus, effective clean up depends on diverse regulation. Historically, the Japanese government has relied on statutes that mandated technical "fixes" to clean up highly publicized pollution problems. Although such regulations have been successful in areas like air pollution, recent newspaper headlines highlight the extent to which environmental issues continue to affect densely populated Japan. Beginning with the passage of the Environmental Impact Assessment Law in 1997, however, Japan has significantly diversified its environmental policy. Along with strict new regulatory standards, new national laws now allow public access …

Go to article

The Cultural Property Laws Of Japan: Social, Political, And Legal Influences, Geoffrey R. Scott Mar 2003

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 …

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A Review Of China's New Civil Evidence Law, Paul J. Schmidt Mar 2003

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 …

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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 Mar 2003

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 …

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The Experimental Use Exception In Japan: A Model For U.S. Patent Law?, Jennifer A. Johnson Mar 2003

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, …

Go to article

A Review Of China's New Civil Evidence Law, Paul J. Schmidt Mar 2003

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 …

Go to article

Curbing Child-Trafficking In Intercountry Adoptions: Will International Treaties And Adoption Moratoriums Accomplish The Job In Cambodia?, Kelly M. Wittner Mar 2003

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 …

Go to article

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 Mar 2003

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 …

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Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander Mar 2003

Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander

Cornell Law Faculty Publications

No abstract provided.

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African Nietzsche: Poetry, Philosophy And African Legal Thinking, Adam Gearey Mar 2003

African Nietzsche: Poetry, Philosophy And African Legal Thinking, Adam Gearey

Cardozo Law Review

No abstract provided.

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Reform Of The Choice Of Law Rule Relating To Torts: Report Of The Law Reform Committee Of The Singapore Academy Of Law, Jimmy Yim, Suresh Divyyanathan, Woon Yin Liew, Yock Lin Tan, Joel Tye Beng Lee, Tiong Min Yeo Mar 2003

Reform Of The Choice Of Law Rule Relating To Torts: Report Of The Law Reform Committee Of The Singapore Academy Of Law, Jimmy Yim, Suresh Divyyanathan, Woon Yin Liew, Yock Lin Tan, Joel Tye Beng Lee, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

An act done abroad is actionable as a tort in Singapore if it is both actionable as a tort according to the law of Singapore and the law where the act was done. This double actionability rule which requires actionability by the law of Singapore even though the act in question was done abroad, was first enunciated in the 19th century when proof of foreign law was difficult and unfamiliarity with and perhaps suspicion of foreign law was inevitable. The UK, Australia, and Canada have replaced the rule with a more ‘international’ choice of law rule which reflects changes in …

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Comparative Reasoning And Judicial Review, Sarah K. Harding Feb 2003

Comparative Reasoning And Judicial Review, Sarah K. Harding

All Faculty Scholarship

No abstract provided.

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Law Without Law, Or Is "Chinese Law" An Oxymoron?, Teemu Ruskola Feb 2003

Law Without Law, Or Is "Chinese Law" An Oxymoron?, Teemu Ruskola

William & Mary Bill of Rights Journal

No abstract provided.

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Introduction To The Symposium: The Rule Of Law Of China, Lan Cao Feb 2003

Introduction To The Symposium: The Rule Of Law Of China, Lan Cao

William & Mary Bill of Rights Journal

No abstract provided.

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The Problem Of Enforcing Environmental Norms In The Wto And What To Do About It, Sanford E. Gaines Jan 2003

The Problem Of Enforcing Environmental Norms In The Wto And What To Do About It, Sanford E. Gaines

UC Law SF International Law Review

National and international focus and efforts on trade has led to the comparative disadvantage of international environmental policy relative to trade policy in what is known as the trade-environment problematique. The tension between trade and the environment does not exist because trade norms trump environmental norms, but because of the tension between environmental protection and the intensification of economic activity to provide for the world's growing population. This article argues that rather than creating a new international institution to address the trade-environment problematique, international environmental policy should instead be more fully and deeply integrated into economic policy, which can only …

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Enforcing Environmental Norms: Diplomatic And Judicial Approaches, Nicholas A. Robinson Jan 2003

Enforcing Environmental Norms: Diplomatic And Judicial Approaches, Nicholas A. Robinson

UC Law SF International Law Review

In the space of one generation, through both national and international agreements, nations have established norms and a framework for environmental stewardship of the Earth. One sign of the acceptance and maturation of environmental norms is that nations now worry about how to enforce environmental law and how to achieve compliance. Enforcement of environmental laws is essential to attaining the international objective of sustainable development. To be effective, this enforcement must be routine, reasonably resourced and predictable-an arduous challenge. In order to build a sustainable global community, the nations of the world must renew their commitment to the United Nations, …

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The European Commission's Ge/Honeywell Decision: U.S. Responses And Their Implications, David J. Gerber Jan 2003

The European Commission's Ge/Honeywell Decision: U.S. Responses And Their Implications, David J. Gerber

All Faculty Scholarship

No abstract provided.

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Discussed In Federico Stella, Criminal Omissions, Causality, Probability, Counterfactuals: Medical-Surgical Activity, Richard W. Wright Jan 2003

Discussed In Federico Stella, Criminal Omissions, Causality, Probability, Counterfactuals: Medical-Surgical Activity, Richard W. Wright

All Faculty Scholarship

No abstract provided.

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International Law Association Panel Discussion On "The Holocaust As Catalyst For International Justice": Summary Of Extemporaneous Remarks, Benjamin B. Ferencz Jan 2003

International Law Association Panel Discussion On "The Holocaust As Catalyst For International Justice": Summary Of Extemporaneous Remarks, Benjamin B. Ferencz

ILSA Journal of International & Comparative Law

After more than 40 million persons had been killed in war, there was an overwhelming determination to prevent the recurrence of such tragedies.

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Icc Pretrial Proceeding: Avoiding Gridlock, David Stoelting Jan 2003

Icc Pretrial Proceeding: Avoiding Gridlock, David Stoelting

ILSA Journal of International & Comparative Law

Millions of people have extraordinary hopes for the new International Criminal Court ("ICC"), the world's first permanent tribunal for genocide, war crimes and crimes against humanity.

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The Skewed Responsibility Narrative Of The "Failed States" Concept, Ralph Wilde Jan 2003

The Skewed Responsibility Narrative Of The "Failed States" Concept, Ralph Wilde

ILSA Journal of International & Comparative Law

The "failed state" concept, which came to prominence in academic and policy discourse in the early 1990's with the publication of David Helman and Steven Ratner's 1991 article Saving Failed States,' continues to enjoy widespread currency as a way of denoting situations where the governmental infrastructure in a state has broken down to a considerable degree.

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General Electric/Honeywell Merger: European Commission Antitrust Decision Strikes A Sour Note, Ricky D. Rivers Jan 2003

General Electric/Honeywell Merger: European Commission Antitrust Decision Strikes A Sour Note, Ricky D. Rivers

ILSA Journal of International & Comparative Law

Although antitrust regulation is justified on neutral grounds of economic efficiency and consumer protection, it appears from the international perspective that nations instead may make decisions concerning the application of their antitrust laws based on what is good for the nation at the expense of the global community.

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