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Articles 11311 - 11340 of 13717

Full-Text Articles in Comparative and Foreign Law

The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, R. Carl Moy Jan 1993

The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, R. Carl Moy

Faculty Scholarship

How shall the United States decide whether to adopt the Patent Harmonization Treaty? What questions shall we ask? Whose answers shall we trust? What sources of information can provide us with the background needed for these inquiries? This article offers a framework in which to ask, and begin to answer, these questions. It focuses on the international community's past efforts to harmonize the law of patents. It asserts not only that history provides context, but also, that the same history yields lessons directly applicable to many of the treaty's basic issues. Section I discusses the immediate history of WIPO's efforts …

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Nihon-Hastings Conference: Foreword, Frank T. Read Jan 1993

Nihon-Hastings Conference: Foreword, Frank T. Read

UC Law SF International Law Review

No abstract provided.

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Regulatory Competition In Securities Markets: An Approach For Reconciling Japanese And United States Disclosure Philosophies, James D. Cox Jan 1993

Regulatory Competition In Securities Markets: An Approach For Reconciling Japanese And United States Disclosure Philosophies, James D. Cox

UC Law SF International Law Review

U.S. mandatory disclosure requirements are far more demanding in breadth and detail than those of Japan. However, as this Article suggests, a good deal of diversity, and even laxity, can coexist within mutually agreed upon principles for fair competitive regulation. This Article attempts to provide a framework for efficient regulatory competition between the two countries' markets by focusing on "managerial opportunism"!-an expression identifying a wide range of possible concerns that may influence an issuer's choice among markets. The author suggests appropriate measures for disclosure could minimize differences between securities markets, and as a result minimize the role managerial opportunism plays …

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Fraud And Insider Trading In American Securities Regulation: Its Scope And Philosophy In A Global Marketplace, Donald C. Langevoort Jan 1993

Fraud And Insider Trading In American Securities Regulation: Its Scope And Philosophy In A Global Marketplace, Donald C. Langevoort

UC Law SF International Law Review

The principal antifraud provision of securities law in the United States is rule lOb-5. Fraud consists of either a material misstatement reasonably calculated to influence the investing public or silence when an independent duty to speak arises because of prior conduct or a pre-existing fiduciary duty. Judicial theories pursuant to this rule such as the "abstain or disclose" theory and the "misappropriation" theory constitute the major part of U.S. insider trading law. The author contends that the two main tests used to determine when rule lOb-5 rule is applicable, the "effects test" and the "conduct test," are too broad and …

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Transnational Investment By Institutions, David L. Ratner Jan 1993

Transnational Investment By Institutions, David L. Ratner

UC Law SF International Law Review

In recent years two significant trends have occurred in securities markets-institutionalization and internationalization. This Article discusses the interaction of these two trends. In particular, the Article explores the effect of current regulatory structures on institutional investment in foreign securities markets. Other factors which may inhibit foreign investment such as tax concerns, disclosure requirements, and liquidity concerns are also discussed.

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Japanese Business Disclosure And Accounting Requirements, Hideaki Sudo Jan 1993

Japanese Business Disclosure And Accounting Requirements, Hideaki Sudo

UC Law SF International Law Review

The trend toward a global securities market has been hindered by divergent national accounting and auditing standards. The increasing international focus of Japanese business and the diversification of Japanese corporations has highlighted the need for Japanese accounting standards to become more consistent with international standards. The author examines the progress Japan has made since 1986 in harmonizing their accounting and auditing standards with international practices. The author also examines recent revisions to Japanese security reporting regulations which make them more compatible with similar U.S. regulations.

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Securities Malfeasance In Japan: The Need For An Independent Organization To Monitor Insider Trading, Price Manipulation, And Loss Compensation, Wataru Horiguchi Jan 1993

Securities Malfeasance In Japan: The Need For An Independent Organization To Monitor Insider Trading, Price Manipulation, And Loss Compensation, Wataru Horiguchi

UC Law SF International Law Review

Illegal and unfair business practices such as insider trading, price manipulation, and loss compensation have plagued the Japanese stock market. Existing Japanese regulations prohibiting insider trading have proven ineffective due to lax enforcement. Laws against price fixing have rarely been enforced because the conditions necessary for the application of these rules are vague and the rules are difficult to apply. Prohibition of loss compensation has been weak because the Ministry of Finance possesses too much discretion and maintains too close a relationship with the securities firms. The author suggests creating an independent committee in Japan much like the SEC in …

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Institutional Investors: Global Scale Securities Markets And Insurance, Trust, And Annuity Groups, Yoshitaka Kurosawa Jan 1993

Institutional Investors: Global Scale Securities Markets And Insurance, Trust, And Annuity Groups, Yoshitaka Kurosawa

UC Law SF International Law Review

The author describes the expansive nature of Japan's annuity assets. Japan's annuities are divided into public annuities, which include pension insurance, mutual annuities, and national annuities, and private annuities, such as welfare pension funds and qualified annuities. The author discusses trust banks and life insurance companies and their relationships with annuities investments. The author also addresses problems regarding securities investments in Japan such as appraisal losses and the investment of annuities in Keiretsu organizations.

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Constitutional Development In South Africa And The Role Of The Namibian Constitutional Model, Craig Gross Jan 1993

Constitutional Development In South Africa And The Role Of The Namibian Constitutional Model, Craig Gross

UC Law SF International Law Review

South Africa and Namibia share a similar heritage as ethnically and racially pluralistic societies with a white minority exercising complete political and economic control over a black majority. In 1990, after gaining independence from South Africa, Namibia adopted a progressive, democratic constitution. In South Africa, negotiations are currently underway to end years of white rule and formulate a new constitution extending full political rights to all citizens. This Note examines the salient features of the Namibian Constitution. The Note also discusses the various proposals for a South African Constitution, with particular emphasis on electoral laws and the structure and power …

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Extraterritorial Application Of U.S. Antitrust Laws To Other Pacific Countries: Proposed Bilateral Agreements For Resolving International Conflicts Within The Pacific Community, Seung Wha Chang Jan 1993

Extraterritorial Application Of U.S. Antitrust Laws To Other Pacific Countries: Proposed Bilateral Agreements For Resolving International Conflicts Within The Pacific Community, Seung Wha Chang

UC Law SF International Law Review

The basic antitrust statutes of the United States, such as the Sherman Act, the Clayton Act, and the Federal Trade Commission Act, all possess some form of extraterritorial jurisdiction. Based upon the "effect doctrine," formulated by Judge Learned Hand in United States v. Aluminum Co. of America, the extraterritorial reach of U.S. courts under these statutes is broad. Applying the liberal standard of the "effects doctrine," federal courts more often than not have found jurisdiction over conduct occurring outside the United States by foreign corporations. This Article analyzes the international conflicts resulting from extraterritorial enforcement of the antitrust laws of …

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Scapegoat For The Trade Deficit: Does Eec Antitrust Treatment Of Joint Ventures Place The United States At A Competitive Disadvantage, Dana W. Hayter Jan 1993

Scapegoat For The Trade Deficit: Does Eec Antitrust Treatment Of Joint Ventures Place The United States At A Competitive Disadvantage, Dana W. Hayter

UC Law SF International Law Review

This Note critiques a proposal by Professors Jorde and Teece of the University of California at Berkeley, California, to exempt joint ventures from the United States' antitrust laws. The professors contend that their proposal emulates the EEC exemption procedure under Article 85(3) of the Treaty of Rome, and that the United States must adopt their proposal to compete with the EEC. This Note questions both assertions. The Jorde and Teece proposal would exempt a wide variety of agreements between competitors from civil and criminal liability with a minimum of initial review, without empirical support, and with little subsequent supervision. By …

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The European Economic Area Agreement: Its Compatibility With The Community Legal Order, Mary Frances Dominick Jan 1993

The European Economic Area Agreement: Its Compatibility With The Community Legal Order, Mary Frances Dominick

UC Law SF International Law Review

No abstract provided.

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Aspects Of Intellectual Property Law In The European Community, Leslie Gail Williams Jan 1993

Aspects Of Intellectual Property Law In The European Community, Leslie Gail Williams

UC Law SF International Law Review

No abstract provided.

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Nafta And The Future Of United States - European Community Trade Relations: The Consequences Of Asymmetry In An Emerging Era Of Regionalism, Frederick M. Abbott Jan 1993

Nafta And The Future Of United States - European Community Trade Relations: The Consequences Of Asymmetry In An Emerging Era Of Regionalism, Frederick M. Abbott

UC Law SF International Law Review

No abstract provided.

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The Judicial Protection Of Individual Rights In The European Communities, Constantinos N. Kakouris Jan 1993

The Judicial Protection Of Individual Rights In The European Communities, Constantinos N. Kakouris

UC Law SF International Law Review

No abstract provided.

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Poland And The European Community: Toward Full Integration, Jan Krzysztof Bielecki Jan 1993

Poland And The European Community: Toward Full Integration, Jan Krzysztof Bielecki

UC Law SF International Law Review

No abstract provided.

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Subsidiarity And The European Community, George A. Bermann Jan 1993

Subsidiarity And The European Community, George A. Bermann

UC Law SF International Law Review

Subsidiarity has become one of the most puzzling buzzwords behind recent developments in the European Community. At its most fundamental level, it mandates that accomplishment of a legitimate governmental objective should be a responsibility of the lowest level of government capable of effectively addressing the challenge. In the context of the European Community, subsidiarity is a principle of power-sharing between the Community institutions and the Member States. More specifically, it stands for the proposition that Community institutions should exercise the power vested in them by the Community Treaties and legislation only to the extent that the Member States are unable …

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Employee Rights In The European Community: A Panorama From The 1974 Social Action Program To The Social Charter Of 1989, Roger J. Goebel Jan 1993

Employee Rights In The European Community: A Panorama From The 1974 Social Action Program To The Social Charter Of 1989, Roger J. Goebel

UC Law SF International Law Review

Social policy is one of the most important areas of European Community action. The EEC Treaty specifically mentions social goals and the European Court of Justice recognizes the social as well as economic aims of the unification process. Traditionally, social legislation has been adopted pursuant to article 100 of the EEC Treaty with its generic grant of power to harmonize laws in order to achieve the common market-with article 119 serving as authority for legislation implementing equal pay for men and women. The Social Action Program adopted by the Council of Ministers in 1974 provided much needed political endorsement for …

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Going To England: Irish Abortion Law And The European Commnuity, David Cole Jan 1993

Going To England: Irish Abortion Law And The European Commnuity, David Cole

UC Law SF International Law Review

Until recently, Ireland outlawed abortion altogether, subject only to the defense of strict necessity. However, Ireland may now be bringing its abortion policies into line with the more liberal policies of the majority of other European nations, most of which permit abortion. This Article explores the recent changes in Ireland's attitude toward abortion. In particular, this Article examines the interplay of European and domestic Irish forces in the struggle for reproductive rights in Ireland from 1983, the year Ireland adopted a constitutional amendment guaranteeing the right to life of the unborn, to the present. The author proposes that the impetus …

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Chinese Asylum Applications Under U.S. Immigration Policy: Firm Resettlement In Hong Kong, Frannie S. Mok Jan 1993

Chinese Asylum Applications Under U.S. Immigration Policy: Firm Resettlement In Hong Kong, Frannie S. Mok

UC Law SF International Law Review

The U.S. Immigration and Naturalization Service (INS) possesses a wide range of discretionary powers in determining whether to grant political asylum to aliens that enter the United States. One of the factors used in exercising discretion is determining whether an alien has been "firmly resettled" in a third country before applying for asylum in the United States. This Note focuses on the problems with using "firm resettlement" as a discretionary device in denying asylum to Chinese aliens who temporarily stayed in Hong Kong before arriving in the United States. The Note argues that current immigration laws that permit INS officials …

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Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt Jan 1993

Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt

Northwestern Journal of International Law & Business

Should companies invest at all in countries, like China, where severe human rights abuses are pervasive? If they do invest, should they restrict their operations to areas of the country that have a comparatively good human rights record? Are there basic principles that transnational companies should observe to ensure, at a minimum, that they do not become complicit in a host government's abrogation of universally-recognized human rights? Should such principles be enforced by Executive or congressional fiat, or should companies take primary responsibility for policing themselves? How can companies that wish to factor human rights considerations into their business decisions …

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The Coming Of Europe, Stefan A. Risenfeld Jan 1993

The Coming Of Europe, Stefan A. Risenfeld

UC Law SF International Law Review

No abstract provided.

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Environmental Rights In The European Community, Dinah L. Shelton Jan 1993

Environmental Rights In The European Community, Dinah L. Shelton

UC Law SF International Law Review

No abstract provided.

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The Broadcasting Activities Of The European Community And Their Implications For National Broadcasting Systems In Europe, Wolfgang Hoffman-Reim Jan 1993

The Broadcasting Activities Of The European Community And Their Implications For National Broadcasting Systems In Europe, Wolfgang Hoffman-Reim

UC Law SF International Law Review

No abstract provided.

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United Nations Conference On Environment And Development: An Opportunity To Forge A New Unity In The Work Of The World Bank Among Human Rights, The Environment, And Sustainable Development, Brian B. A. Mcallister Jan 1993

United Nations Conference On Environment And Development: An Opportunity To Forge A New Unity In The Work Of The World Bank Among Human Rights, The Environment, And Sustainable Development, Brian B. A. Mcallister

UC Law SF International Law Review

No abstract provided.

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Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith Jan 1993

Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith

Michigan Journal of International Law

This Note argues that U.S. courts and lawmakers should adopt some aspects of Japanese libel law. Part I compares the balances struck in U.S. and Japanese libel law between promoting press freedoms and protecting individual interests. Part II focuses on the extent to which each system succeeds in addressing the objectives of encouraging aggressive, accurate reporting, and compensating libel victims. Finally, Part III proposes a new U.S. libel standard that would adopt, with some modifications, key elements of Japanese libel law without running afoul of established U.S. constitutional requirements.

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Tort Claims In Counterinsurgency Operations: The British Experience In Ireland, 1919–21, Michael F. Noone Jr. Jan 1993

Tort Claims In Counterinsurgency Operations: The British Experience In Ireland, 1919–21, Michael F. Noone Jr.

Scholarly Articles

No abstract provided.

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Constitution Making In The Countries Of Former Soviet Dominance: Current Development, Rett R. Ludwikowski Jan 1993

Constitution Making In The Countries Of Former Soviet Dominance: Current Development, Rett R. Ludwikowski

Scholarly Articles

The article consists of two parts. The first is the update of constitutional transformation in the region experiencing the retreat from communism. The organization of this part requires some explanation. The part breaks down into two separate chapters on constitution-drafting in former Soviet Republics and in the new democracies of East-Central Europe. As the former Soviet republics existed within the same statehood until the end of 1991, it seemed appropriate to assemble comments on political developments in the former U.S.S.R in one subchapter examining the end of Gorbachev's era and the process of the establishment of the Commonwealth of Independent …

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Main Models Of Judicial Review In The Contemporary World: A Comparative Study, Rett R. Ludwikowski Jan 1993

Main Models Of Judicial Review In The Contemporary World: A Comparative Study, Rett R. Ludwikowski

Scholarly Articles

No abstract provided.

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Harmonization Enforcement: The Reality Behind The Panacea, 26 J. Marshall L. Rev. 593 (1993), W. David Westergard Jan 1993

Harmonization Enforcement: The Reality Behind The Panacea, 26 J. Marshall L. Rev. 593 (1993), W. David Westergard

UIC Law Review

No abstract provided.

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