Comparative and Foreign Law Commons^™

Responsabilidad Limitada E Il1/1/1998 Imitada En El Codigo De Comercio De Etiopia, Michael P. Porter

ILSA Journal of International & Comparative Law

El punto de vista convencional de aquellos que conocen las leyes sobre la responsabilidad personal de los propietarios de un negocio es que propietarios finicos y socios generales (sociedades personalistas) siempre tienen responsabilidad ilimitada por las deudas de su negocio.

Belgium, Germany, England, Denmark And The United States: The Implementation Of Registration And Castration Laws As Protection Against Habitual Sex Offenders

Penn State International Law Review (1982 - 2011)

No abstract provided.

Building A Bridge For Defense: The European Union's Common Foreign And Security Policy, Cheryl Swack

University of Miami International and Comparative Law Review

No abstract provided.

"Constitutionalism" : The White Man's Ghost Dance, 31 J. Marshall L. Rev. 513 (1998), Robert C. Black

UIC Law Review

No abstract provided.

The Feminization Of The Office Of Notary Public: From Femme Covert To Notaire Covert, 31 J. Marshall L. Rev. 703 (1998), Deborah M. Thaw

UIC Law Review

No abstract provided.

The Execution Under Oath Of U.S. Litigation Documents: Must Signatures Be Authenticated, 31 J. Marshall L. Rev. 927 (1998), Thomas W. Tobin

UIC Law Review

No abstract provided.

The Foreign Notarial Legal Services Monopoly: Why Should We Care, 31 J. Marshall L. Rev. 945 (1998), Pedro A. Malavet

UIC Law Review

No abstract provided.

Old Treaties Never Die, They Just Lose Their Teeth: Authentication Needs Of A Global Community Demand Retirement Of The Hague Public Documents Convention, 31 J. Marshall L. Rev. 1045 (1998), Keith D. Sherry

UIC Law Review

No abstract provided.

Most Favored Nation Trade Status And China: The Debate Should Stop Here, 31 J. Marshall L. Rev. 1321 (1998), Di Jiang-Schuerger

UIC Law Review

No abstract provided.

Reverse-Cost-Shifting: A New Proposal For Allocating Legal Expenses, 32 J. Marshall L. Rev. 35 (1998), Ephraim Fischbach, William Mclauchlan

UIC Law Review

No abstract provided.

On The Sudden Loss Of A Human Rights Activist: A Tribute To Dr. Jonathan Mann's Use Of International Human Rights Law In The Global Battle Against Aids, 32 J. Marshall L. Rev. 129 (1998), Mark E. Wojcik

UIC Law Review

No abstract provided.

Canines Cry Out: Is Six Months In A British Quarantine A Necessity For Rabies Prevention?

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Prosecution Of Josef Altstoetter Et Al.: Law, Lawyers And Justice In The Third Reich

Penn State International Law Review (1982 - 2011)

No abstract provided.

Labor Relations And The Law In South Korea, Laura Watson

Washington International Law Journal

This Comment looks at labor legislation's role in shaping the present state of labor relations in South Korea A brief history of the government's symbiotic relationship with business serves as a backdrop for assessing the current laws. The laws have an employer bias accenluated by the broad administrative oversighit government has over labor relations. More troublesome provisions of the laws are considered in detail. This Comment then turns to recent pro-labor changes in the laws but discusses why labor unions are unlikely to achieve full equality in labor relations at this juncture. In conclusion, this Comment makes suggestions for change …

Local Public Employment Discrimination Against Korean Permanent Residents In Japan: A U.S. Perspective, James M. Kearney

Washington International Law Journal

Japanese government officials have recently indicated a willingness to relax restrictions that have prohibited Korean permanent residents of Japan from competing for local civil service jobs, though changes have not yet been forthcoming. The current bar on resident aliens has important symbolic and practical significance in a country widely criticized for its entrenched racism and for its lack of substantive civil rights law. This Comment traces the history and special circumstances of Koreans in Japan and argues that Koreans are already protected from most kinds of public employment discrimination by Article 22 (freedom to choose an occupation) and Article 14 …

The Law "On The State Registration Of Rights In Real Property": Encouraging Or Deterring Foreign Investment In The Russian Federation?, William R. Siegel

Northwestern Journal of International Law & Business

The Law "On the State Registration of Rights in Real Property" of July 21, 1997 (the "Registration Law" or "the Law") constitutes a major step towards the achievement of an effective national registration system and, concomitantly, a viable real estate market for foreign investors in the Russian Federation ("RF"). Prior to this law, foreign investors could not rely upon a formal system of state registration to protect their interests in real property.To remedy this problem, the Registration Law creates a system that, at least on paper, is comparable to Western registration systems in its consistency, accessibility and certainty. However, the …

The Right To A Fair Trial In China, Daphne Huang

Washington International Law Journal

The right to a fair trial is a growing international standard that protects defendant rights before, during, and after trial. Despite significant changes to China's Criminal Procedure Law and Criminal Law, China presently fails to comply with the standard. China's history of human rights abuses and the obstacles to compliance make enforcement of the right seem an insunnountable task. However, the trends of democratization and economic globalization, combined with optimistic reports of political reform in China provide hope that compliance with the right will eventually be achieved.

Affirmative Action, Ethnic Minorities And China's Universities, Barry Sautman

Washington International Law Journal

China greatly expanded its longstanding set of preferential policies for ethnic minorities in the 1980s and 1990s. Affirmative action in higher education annually allows for the admission of tens of thousands of ethnic minority students who, based on their national entrance examination scores alone, would be unable to gain a much sought-after place in one of the country's thousand universities. The variety of ways in which the admission and retention of PRC minority students are facilitated by laws, regulations and policies are examined, as are attitudes toward affirmative action on the part of Han majority and ethnic minority students. In …

Peace And Democracy: The Link And The Policy Implications, Valerie Epps

ILSA Journal of International & Comparative Law

The United Nations Charter prohibits "the threat or use of force against the territorial integrity or political independence of any state."' This is the great peace principle of international law, described by Professor Thomas Franck as "the apex of the global normative system...

Asset Forfeiture: Home And Abroad, Steven L. Kessler

ILSA Journal of International & Comparative Law

Good intention will always be pleaded for every assumption of power.... [T]he Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters. -Daniel Webster

Freedom Of Speech, Freedom Of The Press, And Their Limits, Jose' Sebastian Elias, Juan Cruz Diaz

ILSA Journal of International & Comparative Law

Nowadays, mass media, with its unstoppable and astonishing development, has reached a level of importance in our lives that was unimaginable few years ago. This new situation is inherent in modem societies. Without it, our lifestyle would be different; maybe better, maybe worse, but certainly different from the way we know it today.

The Facilitation Of National And International Accountability Mechanisms: The Creation Of The International Legal Assistance Consortium (Iliac), Mark S. Ellis

ILSA Journal of International & Comparative Law

In early 1997, Professor M. Cherif Bassiouni' assembled a group of individuals to discuss the creation of a set of guiding principles for combatting impunity for international crimes. The group included myself, Professor Michael Scharf,2 Professor Paul Williams,3 and Professor Madeline Morris.

Environmental Rights Statutes In The United States And Canada: Comparing The Michigan And Ontario Experiences, Joseph F. Castrilli

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Bankruptcy In The Czech Republic, Hungary, And Poland And Section 304 Of The United States Bankruptcy Code, Proceedings Ancillary To Foreign Bankruptcy Proceedings, Helmut Gerlach

Maryland Journal of International Law

No abstract provided.

The 'Ascent Of Man': Legal Systems And The Discovery Of An Environmental Ethic, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

A decade ago, firefighters in a warehouse on the Rhine in Switzerland washed chemicals, solvents, and mercury into the river, destroying all life in the river for miles, killing millions of fish, and endangering the water supplies of cities in Germany and the Netherlands. This tragedy galvanized the river valley states into action. They vowed to clean up the river, not just from that incident but from the effects of having used the river as a sewer for two centuries. But how clean is clean? The goal for this calculated plan, which will take decades to achieve, is symbolized by …

Comparative Environmental Law Perspectives On Legal Regimes For Sustainable Development, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

As the world's largest summit meeting ended in Rio de Janeiro in 1992, the heads of state and their representatives assembled at the United Nations Conference on Environment and Development (UNCED), commonly referred to as Agenda 21. They embraced Agenda 21 as “a dynamic programme” which can “evolve over time in the light of changing needs and circumstances,” and as a process making “the beginning of a new global partnership for sustainable development.” Agenda 21 is premised on two factual perspectives. First, the documentation of trends in the deterioration of the environmental conditions in many parts of the world is …

Diplomacy In The Modern World: A Reconsideration Of The Bases For Diplomatic Immunity In The Era Of High-Tech Communications, James S. Parkhill

UC Law SF International Law Review

Diplomatic immunity has existed throughout history as a way to ensure that diplomatic visitors to foreign nations remained free to perform their essential duties. It arose for two reasons: diplomats we'e extremely important to the conduct of interstate affairs, and the difficulties of travel and communication in previous eras made it essential for ambassadors to remain at liberty to perform their diplomatic duties. Clearly, modern methods of travel and communications have done much to eliminate the second basis.

This Note will examine the extent to which they may also have impacted the first rationale as well. In other words, when …

Spain Returns To Trial By Jury, Stephen C. Thaman

UC Law SF International Law Review

In 1995, Spain promulgated legislation reintroducing trial by jury in criminal cases. In this Article, Professor Thaman sets forth the history of jury trial in Spain, the movement towards its revival, and a detailed survey of the new juries in practice.

This Article describes the participatory right behind the jury statute and the crimes subject to its jurisdiction. It sets forth the composition of the juries and the qualifications for jury service. After a detailed examination of pre-trial procedure in the jury system, it describes jury selection and then the presentation of evidence before Spanish juries and the modification of …

Extraterritoriality And Its Limits: The Iran And Libya Sactions Act Of 1996, Charles Tait Graves

UC Law SF International Law Review

The United States differs from much of the world in trade policy towards Iran and Libya. Through the Iran and Libya Sanctions Act of 1996, it seeks to pressure other states to refrain from certain investments in the Libyan and Iranian economies. The statute's secondary boycott provisions threaten extraterritorial sanctions against wholly foreign corporations engaging in such trade.

This Note describes the legal history of U.S. attempts to enforce its policy preferences through extraterritorial trade controls. It then argues that the Iran and Libya Sanctions Act of 1996 is likely invalid both under principles of general customary international law and …

Health Care Rationing In The Courts: A Comparative Study, Timothy Stoltzfus Jost

UC Law SF International Law Review

The role of the judiciary and government agencies in the allocation of health care resources differs across national boundaries. This Article describes how institutions in Germany, the United Kingdom, and the United States approach conflicts and protect rights in rationing health care. Professor Jost first describes the legal aspects of decisions on distribution and financing of health care decisions, and then examines the existing institutions in each of these countries.

In Germany, the health insurance program is an employment- based social insurance system. Under a quasi-public scheme, nonprofit health insurance funds administer the program. The German health system is overseen …