Comparative and Foreign Law Commons^™

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

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 …

Dispute Resolution In China After Deng Xiaoping: "Mao And Mediation" Revisited, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

This Article presents portions of a book tentatively entitled "Bird in a Cage: Legal Reform in China After Mao." The book explores the Western vantage point from which I have viewed institutions for dispute resolution, the imprint on them of the traditional and more recent Maoist past, the disorderly context of rapid economic and social change in which they must operate today, and the larger law reforms of which they are part. Against that background it examines the operation of extrajudicial mediation and the courts. The scope of this Article is more limited.

I have not speculated here about appropriate …

Europe And The Globalization Of Antitrust Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

The Us-European Conflict Over The Internationalization Of Antitrust Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

Fifty Years Of Disability Law: The Relevance Of The Universal Declaration, Charles D. Siegal

ILSA Journal of International & Comparative Law

This discussion is about the relevance of the Universal Declaration to disability rights law. There has been a good deal of discussion historically about the status of the Declaration.

The Importance Of The Universal Declaration Of Human Rights In The Past And Future Of The United Nation's Human Rights Efforts, Elsa Stamatopoulou

ILSA Journal of International & Comparative Law

After fifty years since the adoption of the Universal Declaration of Human Rights [hereinafter UDHR] it is legitimate to ask whether the UDHR is at the root of all the positive international action in the last five decades.

The Legacy Of The Universal Declaration Of Human Rights, Anne F. Bayefsky

ILSA Journal of International & Comparative Law

The Universal Declaration of Human Rights embodies three essential features: (1) it articulated shared, universal values; (2) it identified and strengthened the significance of the individual as a subject of international law, and (3) it declared and emphasized the responsibilities of states to- wards individuals.

Law Of The Sea Dispute Settlement: Past, Present, And Future, John E. Noyes

ILSA Journal of International & Comparative Law

For some, the vision of international courts able to issue binding rules of decision and clarify the meaning of rules of international law has had great pull.

1998- International Year Of The Oceans The Status Of The Law Of The Sea Convention, Margaret L. Tomlinson

ILSA Journal of International & Comparative Law

Good Morning. Today is Friday the 13th.

So Your Client Wants To Engage In Deep Seabed Mining, Houston Putnam Lowry

ILSA Journal of International & Comparative Law

An excited client calls their corporate attorney, claiming to have solved the technical problems associated with the mining of manganese nodules on the seabed beyond national boundaries, commonly called the "area."

The Future Of World Peace And Outer Space, Edward R. Finch

ILSA Journal of International & Comparative Law

Space debris is both natural and man made

Meeting The Challenges Of The International Financial Crisis, Jonathan T. Fried

ILSA Journal of International & Comparative Law

I had earlier been invited to focus on the Canadian proposal for enhanced surveillance of international financial systems

An Overview Of The Legal Aspects Of Concession Agreements In Latin America, Quirico G. Serina

ILSA Journal of International & Comparative Law

Over the past decade, the method by which Latin American governments have implemented infrastructure projects has changed dramatically.

Fund Jurisdiction Over Capital Movements Comments, Panel On "Preventing Asian Type Crises: Who If Anyone Should Have Jurisdiction Over Capital Movement?", William E. Holder

ILSA Journal of International & Comparative Law

Within the last two years, the Fund has given extensive consideration to the questions of whether the liberalization of capital movements should be pursued through an amendment of its Articles of Agreement

Introduction To The Panel On "Preventing Asian Type Crises: Who, If Anyone, Should Have Jurisdiction Over Capital Movements?", Cynthia Crawford Lichtenstein

ILSA Journal of International & Comparative Law

Now, to set the stage for the speakers, I want to remind you that when the International Monetary Fund was founded in 1944, "the Treaty establishing the Fund could be viewed as an adjunct to the attempt to restore the world's open international trading system which had completely foundered during the 1930's and the subsequent World War."

Preventing Asia Type Crises: Who, If Anyone, Should Have Jurisdiction Over International Capital Movement?, Betty Whelchel

ILSA Journal of International & Comparative Law

Thank you, Cynthia, for the opportunity to be on this very distinguished panel.

Practical Career Advice For Young International Lawyers: How To Build A Killer Resume, Network Effectively, Create Your Own Opportunities, And Live Happily Ever After, Mark E. Wojcik

ILSA Journal of International & Comparative Law

For those who are serious about careers in international law, there are probably too many applicants for too few jobs.

The 1996 United Nations' Commission On International Trade Law Model Law On Electronic Commerce And Guide To Enactment, Houston Putnam Lowry

ILSA Journal of International & Comparative Law

The United Nations' Commission on International Trade Law (hereinafter UNCITRAL) was formed by the United Nations General Assembly in 1966

Judicial Application Of The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, Howard M. Holtzmann

ILSA Journal of International & Comparative Law

When we look at the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, we must ask ourselves, who recognizes foreign arbitral awards and who enforces them

Environmental Law In Third World Countries: Can It Be Enforced By Other Countries?, Pam Slater

ILSA Journal of International & Comparative Law

As Third World countries' develop into more industrialized countries, they face numerous problems relating to their social, economic and political development.

Understanding The Nicaraguan Adjustment And Central American Relief Act, Lourdes A. Rodriquez

ILSA Journal of International & Comparative Law

On November 19, 1997, President Clinton signed into law the Nicaraguan Adjustment and Central American Relief Act' (NACARA).

Torture And Cruel, Inhumane And Degrading Treatment In The Jurisprudence Of The Inter-American Court Of Human Rights, Julie Lantrip

ILSA Journal of International & Comparative Law

Prohibitions against torture and other forms of ill-treatment are well- recognized as basic human rights in international law.

Reparations In The Inter-American System For The Protection Of Human Rights, Victor M. Rodriquez Rescia

ILSA Journal of International & Comparative Law

International tribunals in general have within their competence to end conflicts presented by individuals with legal capacity through the issuance of judgments and opinions.

The Neglected Pillar: The "Teaching Tolerance" Provision Of The International Convention On The Elimination Of All Forms Of Racial Discrimination, Stephanie Farrior

ILSA Journal of International & Comparative Law

As we celebrate the fiftieth anniversary of the Universal Declaration of Human Rights' this year, I would like to take particular note of the first of the core human rights treaties developed since adoption of the Universal Declaration, the International Convention on the Elimination of All Forms of Racial Discrimination.

The Expert Testimony Before The Inter-American Court Of Human Rights, Ma. Auxiliadora Solano Monge

ILSA Journal of International & Comparative Law

The purpose of this essay is to provide a review of the doctrine and jurisprudence of the expert testimony as a probatory medium' used by the Inter-American Court of Human Rights (ICHR, Court, Tribunal) in the issues presented before it

The Discontinuance And Acceptance Of Claims In The Jurispurdence Of The Inter-American Court Of Human Rights, Manuel Ventura Robles

ILSA Journal of International & Comparative Law

When analyzing the contentious jurisprudence of the Inter-American Court of Human Rights ("the Court" or "Inter-American Court"), it is necessary to emphasize the fact that, during its first seventeen years of work, the Court has ruled on the merits of nine cases presented for its consideration

La Corte Interamericana De Derechos Humanos, Jorge Luis Delgado

ILSA Journal of International & Comparative Law

La Corte Interamericana de Derechos Humanos (Corte Interamericana) fue creada al entrar en vigencia el tratado internacional conocido como la Convenci6n Americana Sobre Derechos Humanos (Convenci6n).

Tortura Y Trato Cruel, Inhumano Y Degradante En La Jurisprudencia De La Corte Interamericana De Derechos Humanos, Julie Lantrip

ILSA Journal of International & Comparative Law

Prohibiciones contra la tortura y otras formas de maltrato son reconocidas como derechos humanos bisicos en el derecho internacional.

La Prueba Pericial Ante La Corte Interamericana De Derechos Humanos, Ma. Auxiliadora Solano Monge

ILSA Journal of International & Comparative Law

El prop6sito del presente artfculo es hacer una resefia doctrinal y jurisprudencial de la prueba pericial como medio probatoriol utilizado por la Corte Interamericana de Derechos Humanos (CIDH, Corte, Tribunal) en los asuntos que le son sometidos.