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Articles 10921 - 10950 of 13724
Full-Text Articles in Comparative and Foreign Law
Cultural Protection As A Rationale For Legislation: The French Language Law Of 1994 And The European Trend Toward Integration In The Face Of Increasing U.S. Influence, Michele Belluzzi
Penn State International Law Review (1982 - 2011)
No abstract provided.
You Have The Right To Be Silent ... Anything You Do Not Say May Be Used Against You. Is The Right To Silence In Great Britain Really A Protection?, Diane Beckman
Penn State International Law Review (1982 - 2011)
No abstract provided.
Towards A Payments System Law For Developing And Transition Economies, Raj Bhala
Towards A Payments System Law For Developing And Transition Economies, Raj Bhala
Faculty Publications
This paper examines the legal foundations of large-value credit transfer systems and the importance of certainty, efficiency, and fairness in funds transfer law. A case study is presented to highlight key terminology and concepts. Thereafter, five particularly noteworthy legal rules are discussed in the context of the case study: (1) a rule defining the scope of the law; (2) a rule establishing when the rights and obligations of parties to a funds transfer are triggered; (3) a receiver finality rule; (4) a rule assigning liability for interloper fraud; and (5) a money-back guarantee rule, coupled with provisions on discharge. Finally, …
Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber
Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber
All Faculty Scholarship
No abstract provided.
Apec Focus: Accomplishment And Challenge, Desaix Anderson
Apec Focus: Accomplishment And Challenge, Desaix Anderson
Washington International Law Journal
The economic opportunities and the challenges the United States faces in the Asia Pacific region are both daunting and exhilarating. Prospects are describable only in megaterms: the doubling of energy needs within the decade; one trillion dollars of new infrastructure projects envisaged over ten years; the integration not only of China into the regional economy, but also the emergence of India, with a population which is expected to exceed China's in the next century; the massive environmental rehabilitation requirements, for example, in China; staggering food supply requirements; exploding telecommunications networks and educational exchange opportunities. Developments in Asia and the Pacific …
Law And Policy Of Securities Regulation In Korea, Sang-Hyun Song
Law And Policy Of Securities Regulation In Korea, Sang-Hyun Song
Washington International Law Journal
This Article describes the regulation of securities in Korea, exploring in detail the Securities Exchange Act of 1962. The current system of registration, disclosure, and enforcement is explained, with special attention given to the regulation of market professionals and of international securities offerings. This Article identifies areas in which the current Korean securities laws need improvement, and concludes that laws governing disclosure and international securities transactions must be improved if the Korean stock market is to continue to grow apace with the Korean economy.
Regulation Of Canadian Capital Markets In The 1990s: The United States In The Driver's Seat, Cally Jordan
Regulation Of Canadian Capital Markets In The 1990s: The United States In The Driver's Seat, Cally Jordan
Washington International Law Journal
This Article looks at the regulatory techniques that have been adopted in a small but developed market, Canada, in response to the increasing integration of the North American economy and internationalization of capital markets. One of the most comprehensive experiments has been the Multijurisdictional Disclosure System (MJDS) implemented in Canada and the United States in 1991. Based on principles of reciprocal recognition, the MJDS has in fact created greater pressures for harmonization of the two regulatory regimes and, on the Canadian side, prompted regulatory innovations which have attempted to keep Canadian markets in the global game.
Rules On Disclosure And Enforcement In The Philippines, Eduardo De Los Angeles
Rules On Disclosure And Enforcement In The Philippines, Eduardo De Los Angeles
Washington International Law Journal
The Philippines modeled its first securities laws on the U.S. Uniform Sales of Securities Act, Securities Act of 1933, and the Securities Exchange Act of 1934. In terms of disclosure requirements, the early Philippine laws were more lenient than the U.S. acts, but since 1982 the Philippines has improved its disclosure requirements by implementing its Revised Securities Act. The new Act imposes more consistent reporting rules on issuers and insiders, and levies a broad range of sanctions. Nonetheless, the Revised Securities Act could be improved further by requiring fuller disclosure during registration and by toughening the insider trading provisions. Also, …
Regulation Of The Securities Industry In Singapore, Walter Woon
Regulation Of The Securities Industry In Singapore, Walter Woon
Washington International Law Journal
This Article focuses on the various legal regimes governing securities regulation in Singapore, with an emphasis on the various mechanisms for enforcing anti-insider trading laws and the disclosure requirements connected with those laws. The new regulations promulgated in the wake of the Pan-Electric scandal of 1986, which sent shock waves through the Singapore stock exchange, are much more stringent than the previous ones. The authorities of the Monetary Authority of Singapore, the Securities Industry Council, and the Stock Exchange of Singapore are discussed as they pertain to insider trading, false trading and market rigging, stock market manipulation, dissemination of false …
A Comparison Of Processes For Reforming Migration Laws In Transitional States: China, Kazakhstan, And Albania, James A.R. Nafziger
A Comparison Of Processes For Reforming Migration Laws In Transitional States: China, Kazakhstan, And Albania, James A.R. Nafziger
Washington Law Review
This article will highlight the problems confronting China, Kazakhstan, and Albania as well as the divergent agencies and systems for drafting, enacting and otherwise reforming their migration laws. The institutional processes of reform are particularly noteworthy. A comparison of them among the three countries suggests dominance by political and cultural determinants, along with administrative and economic issues, in forming migration policy and law within modem legal systems. This insight helps explain the constraints on the efficacy of administrative tinkering in improving the migration laws of the United States and other countries.
Should Latinamerican Prosecutors Be Independent Of The Executive In Prosecuting Government Abuses?, Philip B. Heymann
Should Latinamerican Prosecutors Be Independent Of The Executive In Prosecuting Government Abuses?, Philip B. Heymann
University of Miami Inter-American Law Review
No abstract provided.
Insider Trading By An Issuer Under Japanese Law, Misao Tatsuta
Insider Trading By An Issuer Under Japanese Law, Misao Tatsuta
Washington International Law Journal
This Article explores the impact of the 1994 amendments to the Commercial Code on the Japanese Securities and Exchange Law, especially as they pertain to insider trading by stock issuers. The Article identifies limited situations, both in tender offer and public stock market contexts, in which companies may purchase their own stocks. Specifically, the Article addresses the issuer's repurchase plan, the necessary elements of disclosure, and the penalties for non-disclosure. The Article analyzes the amendments and questions their effectiveness in addressing the problem of insider trading.
Regulatory Mechanisms Of Securities Trading In Malaysia (With Special Reference To Insider Trading), Mohd. Ishaque Qureshi
Regulatory Mechanisms Of Securities Trading In Malaysia (With Special Reference To Insider Trading), Mohd. Ishaque Qureshi
Washington International Law Journal
In 1993, Malaysia established a Securities Commission to make the securities markets more secure and efficient, and to better control insider trading. This Article first presents an overview of the structure of the Securities Commission and the responsibilities of the various divisions and officers. Second, it reviews the common law and statutory law on which the Commission and other government agencies must rely to regulate the securities markets.
Securities Regulation In Thailand: Laws And Policies, Pises Sethsathira
Securities Regulation In Thailand: Laws And Policies, Pises Sethsathira
Washington International Law Journal
This Article provides an overview of the new regulatory structure governing capital markets in Thailand as instituted by the Securities Exchange Act of 1992 ("SEA"). Special attention is given to the rules embodied in the SEA as they affect public offerings, fraud, securities businesses, and publicly held companies. The SEA introduces several new concepts to Thai regulation of securities, and these concepts are analyzed, to the extent they can be, given the lack of experience under the new Act.
The Reach Of Rights In The New Russian Constitution, Antti Korkeakivi
The Reach Of Rights In The New Russian Constitution, Antti Korkeakivi
Cardozo Journal of International and Comparative Law
The new Russian Constitution incorporates a comprehensive catalogue of human rights, largely mirroring international standards and Western democracies, while retaining elements influenced by Soviet tradition. It rejects the socialist notion that rights are state-granted, declaring them inalienable and innate. However, the Constitution’s effectiveness in protecting these rights remains uncertain, as its success hinges on the judiciary’s ability to enforce them independently, despite historical weaknesses and ongoing concerns about judicial autonomy.
Per Humanitatem Ad Pacem: International Humanitarian Norms As A Jurisprudence Of Peace In The Former Yugoslavia, Mark R. Von Sternberg
Per Humanitatem Ad Pacem: International Humanitarian Norms As A Jurisprudence Of Peace In The Former Yugoslavia, Mark R. Von Sternberg
Cardozo Journal of International and Comparative Law
No abstract provided.
A Shifting Barrier? Difficulties Obtaining Patent Infringement Damages In Japan, Scott K. Dinwiddie
A Shifting Barrier? Difficulties Obtaining Patent Infringement Damages In Japan, Scott K. Dinwiddie
Washington Law Review
American economic interests previously have criticized the Japanese patent system as a trade barrier. Recent agreements between the United States and Japan should help reduce the difficulties Americans have had obtaining patents in Japan. However, Americans who acquire Japanese patents are likely to be disappointed and discouraged by the formal protection afforded their new property. The patent enforcement system in Japan provides limited judicial remedies. Equitable relief is difficult to enforce. The full value of monetary damages is extremely difficult to prove, and the possibility for equitable recovery of damages in excess of those proved does not exist. The cost …
From Legal Transplants To Legal Formats, Alan Watson
From Legal Transplants To Legal Formats, Alan Watson
Scholarly Works
Most of the time rulers and governments in the Western world as a whole were little interested in making private law. Instead, the task devolved upon some group of the legal elite who became in effect subordinate law makers without having been given power to make law. Thus, Roman jurists as such were private individuals with no ties to government: they made law when their opinions came to win approval from other jurists. English judges in the Middle-Ages and later were appointed to decide cases: the tradition long was that they found the law but did not make it. Continental …
Forming A More Secure Union: The Growing Problem Of Organized Crime In Europe As A Challenge To National Sovereignty, Joel S. Solomon
Forming A More Secure Union: The Growing Problem Of Organized Crime In Europe As A Challenge To National Sovereignty, Joel S. Solomon
Penn State International Law Review (1982 - 2011)
No abstract provided.
Liability To Tax And Transfer Pricing In The People's Republic Of China: A Comparative Analysis, William A. Thomson
Liability To Tax And Transfer Pricing In The People's Republic Of China: A Comparative Analysis, William A. Thomson
Washington International Law Journal
This Article explains how easy it is to become liable to People's Republic of China ("PRC") income tax, and examines the PRC transfer pricing rules. It compares China's tax regime to that of the United States and Japan, focusing both on China's domestic tax law and its treaty obligations. The purpose of this comparison is to illuminate the inter-related tax rules between China and the United States, and China and Japan. The Article also explains how China has modernized its tax system in line with its economic liberalization, and points out areas of uncertainty regarding China's rules on tax liability …
New Developments In Korean Constitutionalism: Changes And Prospects, Dae-Kyu Yoon
New Developments In Korean Constitutionalism: Changes And Prospects, Dae-Kyu Yoon
Washington International Law Journal
This Essay examines constitutionalism, or the legal expression of democracy. Explanations of Korea's underdeveloped sense of constitutionalism which are rooted in the culture of Confucianism do not provide an adequate explanation of the post-1948 Korean experience. A better model is provided by contrasting the uses of law by prior authoritarian regimes with current political developments including the rising role of entrepreneurial interests in Korean politics.
Strangers When We Met: The Influence Of Foreign Labor Relations Law And Its Domestication In Japan, Ryuichi Yamakawa
Strangers When We Met: The Influence Of Foreign Labor Relations Law And Its Domestication In Japan, Ryuichi Yamakawa
Washington International Law Journal
This Article examines the influences of foreign law on Japanese labor relations law and the process by which foreign legal concepts have been domesticated, focusing in particular on the provisions, interpretation, and operation of the Trade Union Law of 1949. Acting on the constitutional right to organize and to bargain and act collectively, the Japanese Diet established the framework for Japanese labor relations law by enacting the Trade Union Law of 1945 which was subsequently amended in 1949. While European constitutions appear to be the model for the constitutional provision regarding the right of workers to organize and German influence …
Child Sex Tourism To Thailand: The Role Of The United States As A Consumer Country, Vickie F. Li
Child Sex Tourism To Thailand: The Role Of The United States As A Consumer Country, Vickie F. Li
Washington International Law Journal
The proliferation of child prostitution in Thailand has been closely linked to the explosive growth of the sex industry. Political, economic, and cultural factors internal to Thailand alongside external forces from foreign sex tourism, have all contributed to the rising number of prostituted children. In September 1994, the United States enacted an amendment to the Mann Act to prosecute citizens for traveling or conspiring to travel abroad with the intent to engage minors in sexual activities. This Comment traces the development of child prostitution in Thailand and examines the effect of U.S. law in deterring sex tourism abroad. Comparisons to …
The Sea Of Okhotsk Peanut Hole: How The United Nations Draft Agreement On Straddling Stocks Might Preserve The Pollack Fishery, Jon K. Goltz
The Sea Of Okhotsk Peanut Hole: How The United Nations Draft Agreement On Straddling Stocks Might Preserve The Pollack Fishery, Jon K. Goltz
Washington International Law Journal
The enclave of international waters in the central Sea of Okhotsk, called the "peanut hole," is surrounded by the 200 mile Exclusive Economic Zone ("EEZ") of the Russian Federation. Since 1991, distant water fishing nations ("DWFNs") have been fishing in the peanut hole in a manner that Russia claims is detrimental to the straddling pollack fish stock that exists both in Russia's EEZ and in the enclave. To prevent destruction of the pollack fishery, Russia imposed a moratorium on all fishing in the enclave; the moratorium is not universally observed. The United Nations Conference on Straddling Fish Stocks and Highly …
The Trend Of Juvenile Justice In The United States, England, And Ireland, Sharon K. Hamric-Weis
The Trend Of Juvenile Justice In The United States, England, And Ireland, Sharon K. Hamric-Weis
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Wages Of Sin-Taking The Profit Out Of Corruption-A British Perspective, Dr. Barry A.K. Rider
The Wages Of Sin-Taking The Profit Out Of Corruption-A British Perspective, Dr. Barry A.K. Rider
Penn State International Law Review (1982 - 2011)
No abstract provided.
Chinese Copyright Piracy: Analysis Of The Problem And Suggestions For Protection Of U.S. Copyrights, Kristie M. Kachuriak
Chinese Copyright Piracy: Analysis Of The Problem And Suggestions For Protection Of U.S. Copyrights, Kristie M. Kachuriak
Penn State International Law Review (1982 - 2011)
No abstract provided.
Confucian Ethics, Judges, And Women: Divorce Under The Revised Korean Family Law, Kay C. Lee
Confucian Ethics, Judges, And Women: Divorce Under The Revised Korean Family Law, Kay C. Lee
Washington International Law Journal
The historic revision of the South Korean Family Law in 1989 abolished many entrenched legal practices based on Confucian ethics that discriminate against women. Among its many provisions, the law provides for an equitable division of marital property upon divorce and ends the tradition of the father's automatic right to child custody, unless waived. However, in a legal system where judges wield unquestioned authority and wide discretion, judicial decisions based on traditional assumptions about women and family continue to frustrate the democratic intent of the revised law. Given the vague laws that give the judiciary broad discretion, real changes are …
It Isn't About Duck Hunting: The British Origins Of The Right To Arms, David B. Kopel
It Isn't About Duck Hunting: The British Origins Of The Right To Arms, David B. Kopel
Michigan Law Review
A Review of To Keep and Bear Arms: The Origins of an Anglo-American Right by Joyce Lee Malcolm