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Articles 11641 - 11670 of 13717

Full-Text Articles in Comparative and Foreign Law

Roman Law And English Law: Two Patterns Of Legal Development, Alan Watson Jul 1990

Roman Law And English Law: Two Patterns Of Legal Development, Alan Watson

Scholarly Works

It is commonplace among scholars to link in thought the growth of Roman law and of English law. S.F.C. Milsom begins his distinguished Historical Foundations of the Common Law with the words: "It has happened twice only that the customs of European peoples were worked up into intellectual systems of law; and much of the world today is governed by laws derived from the one or the other." More strikingly, some scholars see an essential similarity in legal approaches in the two systems. Fritz Pringsheim entitled a well-known article The Inner Relationship Between English and Roman Law. W.W. Buckland and …

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The Intifadah And The Enhancement Of Israeli Democracy, Nathaniel K. Charny Apr 1990

The Intifadah And The Enhancement Of Israeli Democracy, Nathaniel K. Charny

In the Public Interest

No abstract provided.

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Foundations Of Rights Jurisprudence In Israel: Chief Justice Agranat's Legacy, Pnina Lahav Apr 1990

Foundations Of Rights Jurisprudence In Israel: Chief Justice Agranat's Legacy, Pnina Lahav

Faculty Scholarship

"Liberty of the individual is a things of the past, or the future, in Palestine", wrote Bernard Joseph, a distinguished member of Israel's "government in the making" in 1948, shortly before Israel was inaugurated as a sovereign state. Joseph's "present" was the dusk of British rule in Palestine. Draconian Defence (Emergency) Regulations suspended conventional liberties ordinary westerners were accustomed to expect and turned Palestine into a police state.

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Re Sefel Geophysical Ltd: A Canadian Approach To Some Specific Problems In The Adjudication Of International Insolvencies, Sarah K. Harding Jan 1990

Re Sefel Geophysical Ltd: A Canadian Approach To Some Specific Problems In The Adjudication Of International Insolvencies, Sarah K. Harding

All Faculty Scholarship

No abstract provided.

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European Community Law And The Doctrine Of Legitimate Expectations: How Legitimate, And For Whom, Eleanor Sharpston Jan 1990

European Community Law And The Doctrine Of Legitimate Expectations: How Legitimate, And For Whom, Eleanor Sharpston

Northwestern Journal of International Law & Business

This article aims to provide a fairly succinct, practical analysis of the way in which the Court of Justice of the European Communities (the "supreme court" for all questions of interpretation arising under the EEC, ECSC and Euratom Treaties) has developed one particular fundamental principle of Community law, the doctrine of "legitimate expectations". The emphasis throughout is not only on the exact legal formulation of the doctrine, but also on whether or not the doctrine can be said to match up to expectations that, economically, might be regarded as "legitimate". Before embarking on the substance, it may be useful to …

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Chan V. Korean Air Lines, Ltd.: The United States Supreme Court Eliminates The American Rule To The Warsaw Convention, Larry Moore Jan 1990

Chan V. Korean Air Lines, Ltd.: The United States Supreme Court Eliminates The American Rule To The Warsaw Convention, Larry Moore

UC Law SF International Law Review

This Article reviews the effect of the Supreme Court decision in Chan v. Korean Air Lines which restricted the legal techniques used in the United States to overcome the recovery limits on personal injury claims in airline disasters. The Article looks at the history of the Warsaw Convention, the rules which American courts developed over the years to circumvent the Convention, and the possible international, political consequences of this decision.

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Trade Unions And War: The Right To Organize Under Belligerent Occupation, John Quigley Jan 1990

Trade Unions And War: The Right To Organize Under Belligerent Occupation, John Quigley

UC Law SF International Law Review

The right to organize trade unions is widely recognized as essential to the well being of workers. This right is protected as a human right by the customary law of nations. When a country is occupied in wartime, its trade unions may be regarded with suspicion by the occupying power which may view them as providing a cover for anti-occupation activity. Nonetheless, the right of trade unions to function is not abrogated by the fact of belligerent occupation. An occupant must permit trade unions to carry out their activities.

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Recognition Of The African National Congress And The Apartheid Government A Proposal For The United States, Kirsten Spalding Brubeck Jan 1990

Recognition Of The African National Congress And The Apartheid Government A Proposal For The United States, Kirsten Spalding Brubeck

UC Law SF International Law Review

On February 2, 1990, South African President F.W. de Klerk unbanned the African National Congress (ANC), a political party which had been working in exile for thirty years. A week later he released jailed ANC leader Nelson Mandela. As the South African government concedes that the African National Congress has a role to play in South Africa, the United States should re-evaluate its relationship with both the apartheid government and the African National Congress. This Note examines the law of recognition which should govern United States diplomatic relations. It suggests that the United States should derecognize the South African government …

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The Single European Act, Stefan A. Riesenfeld Jan 1990

The Single European Act, Stefan A. Riesenfeld

UC Law SF International Law Review

This Article discusses the genesis and the progress of integration achieved by the Single European Act. It describes the increased role of the European Parliament in the legislative processes of the Communities, especially through the new cooperation procedure, and the actions to be taken on the Community Level, in particular completion of the single market by 1993, increased protection of the environment, advancement of social conditions, and gradual transformation into an economic and monetary union.

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The Current Status Of Mercenaries In The Law Of Armed Conflict, Edward Kwakwa Jan 1990

The Current Status Of Mercenaries In The Law Of Armed Conflict, Edward Kwakwa

UC Law SF International Law Review

Mercenaries have existed since the earliest recorded armed conflict. However, recent trends in the conduct of armed conflict have raised questions over the problem of mercenaries and their status in the laws of war. The Article discusses some of the problems encountered in attempts to regulate the incidence of mercenarism and the norms of international law that govern the treatment of mercenaries in armed conflict.

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Saudi-Arabian Contract Law: A Comparative Perspective, Carol Lee Childress Jan 1990

Saudi-Arabian Contract Law: A Comparative Perspective, Carol Lee Childress

St. Thomas Law Review

This paper will focus on a core component of Saudi Arabian business law - the law of contracts - and will look at its development from a U.S. lawyer's perspective. A brief history of Islam and the basic tenets of Islamic law along with a brief description of the Saudi Arabian governmental structure will provide the necessary background information. This paper will go on to highlight the roots of Saudi Arabian contract law in the teachings of Islam, including the conflicts over the interpretation of the Shari'a, and point out aspects of Islamic law that are quite foreign to the …

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Environmental Impact Statements In Belgium, Marc Boes Jan 1990

Environmental Impact Statements In Belgium, Marc Boes

Northwestern Journal of International Law & Business

In the following Article, Professor Boes analyzes the statutory framework implementing the use of the environmental impact statement ("EIS") in Belgium. Authority for the EIS flows from the EEC Directive, but as yet, the national government in Belgium has erected no regulatory structure. Thus, the Article examines two of Belgium's regions which have established a regulatory system for EIS's.

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The Effects Of Derecognition And Government Succession Upon Locus Standi And Property Rights: The Kokario Case, Leonard B. Boudin Jan 1990

The Effects Of Derecognition And Government Succession Upon Locus Standi And Property Rights: The Kokario Case, Leonard B. Boudin

UC Law SF International Law Review

The Supreme Court of Japan must eventually resolve a dispute between the People's Republic of China (PRC) and the Republic of China (ROC) as to who has title to a dormitory in Japan that was purchased by the ROC when it was recognized by Japan as the government of China. During the pendency of the litigation instituted by the ROC against student residents in the dormitory, the Government of Japan recognized the PRC as the government of China. The case presents two important public law issues: first, whether the derecognized government (ROC) has locus standi, and second, which government has …

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Forum Non Conveniens And Equal Access Under Friendship, Commerce, And Navigation Treaties: A Foreign Plaintiff's Rights, Allan Jay Stevenson Jan 1990

Forum Non Conveniens And Equal Access Under Friendship, Commerce, And Navigation Treaties: A Foreign Plaintiff's Rights, Allan Jay Stevenson

UC Law SF International Law Review

The United States is a party to many Friendship, Commerce, and Navigation treaties. Many of these treaties contain "equal access" clauses that grant foreign plaintiffs the same right of access to United States courts as United States citizens receive. This article compares the rights which foreign plaintiffs possess under these equal access clauses with that of United States citizens. More specifically, this article discusses the doctrine of forum non conveniens, and the ability of foreign plaintiffs with the right of equal access to withstand dismissal on these grounds. The article also presents a brief survey of the Friendship, Commerce, and …

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The Impact Of European Community Antitrust Law On United States Companies, William Brown Jan 1990

The Impact Of European Community Antitrust Law On United States Companies, William Brown

UC Law SF International Law Review

This Article examines two developments which have made EC competition (or anti-trust) law increasingly important to non- EC companies. First, the European Court's ruling in the Woodpulp case has confirmed the Commission's jurisdiction to apply EC competition law to companies whose agreements or practices affect competition within the Community, even where those companies are based outside, and have no place of business within, the Community. The Article examines the implications of the judgment. Secondly, in preparation for 1992, more and more non-EC companies are acquiring shareholdings in, or forming joint ventures with, EC companies, and competition law has an important …

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The New German Product Liability Act, Heinz J. Dielmann Jan 1990

The New German Product Liability Act, Heinz J. Dielmann

UC Law SF International Law Review

On July 25, 1985, the Council of the European Community adopted the Council Directive on the Approximation of Laws, Regulations, and Administrative Provisions of the Member States Concerning Liability for Defective Products. The Directive has a dual purpose: to reconcile the product liability laws of the Member States of the EC, and to improve free trade within the EC. This Article describes the German Product Liability Act that was passed in response to the Directive, and how the Act fits in with the overall scheme of Community law. The Article also briefly describes the status of product liability legislation in …

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The Ec Merger Control Regulation, Philippe De Smedt, Georges Vandersanden Jan 1990

The Ec Merger Control Regulation, Philippe De Smedt, Georges Vandersanden

UC Law SF International Law Review

The Merger Control Regulation of the European Communities was formally adopted by the EC Council on December 21, 1989. This ended many months of speculation as to the prospects of its final adoption, as well as to its final form. This Article does not represent an exhaustive analysis of the Regulation, but confines itself to outlining the history of merger control in the EC, describing the more important elements of the Regulation and concluding by noting some of the more interesting questions raised by it.

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The Single Market Of 1992: Implications For Banking And Investment Services In The Ec, Annabelle Ewing Jan 1990

The Single Market Of 1992: Implications For Banking And Investment Services In The Ec, Annabelle Ewing

UC Law SF International Law Review

The liberalization of the EC financial services sector is a key component of the 1992 Single Market Program. This Article discusses the two key measures in the banking and investment services sectors, the Second Banking Directive and the proposed Investment Services Directive.

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The Community Charter Of The Fundamental Social Rights Of Workers, George M. Kraw Jan 1990

The Community Charter Of The Fundamental Social Rights Of Workers, George M. Kraw

UC Law SF International Law Review

On October 30, 1989, the European Community adopted the Community Charter of the Fundamental Social Rights of Workers. This Charter sets social standards which the Community, its Member States, and its businesses must maintain. The Charter protects all Community workers, benefits all its citizens, and is likely to have a political impact far beyond the Community's borders. This Article describes the Charter in detail and analyzes it in the context of current world events. The author calls for the recognition of the basic social protections embodied in the Charter as fundamental rights which should be guaranteed to all human beings.

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Television Without Frontiers: Opportunity And Debate Created By The New European Community Directive, Paul Presburger, Michael R. Tyler Jan 1990

Television Without Frontiers: Opportunity And Debate Created By The New European Community Directive, Paul Presburger, Michael R. Tyler

UC Law SF International Law Review

This Article explores the Directive, passed by the European Council on October 3, 1989, designed to coordinate the various television broadcasting laws of the Member States within the European Community. While the Directive, popularly called Television Without Frontiers, certainly opens up internal frontiers hindering trans-European broadcasting, it contains a controversial local content provision requiring a majority of airtime for "European Works" which many have argued raises an external barrier to American television programs. This Article explains how the Directive harmonizes the divergent national laws of the Member States and describes in detail the controversy surrounding the local content requirement. In …

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Europe 1992 Removing Fiscal Barriers: The Unlikely Spectre Of Tax Harmonization, Thomas H. Gibson, Meryl A. Rains Jan 1990

Europe 1992 Removing Fiscal Barriers: The Unlikely Spectre Of Tax Harmonization, Thomas H. Gibson, Meryl A. Rains

UC Law SF International Law Review

This Article discusses the possible tax implications which may arise in the European Community as a result of implementing the 1992 initiatives. The Article provides a summary of the existing tax systems (both direct and indirect) which are currently in place in each of the Member States. The diversity of tax systems illustrated by this summary underscores the difficulties in achieving tax harmonization.

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Enforcement Of Human Rights Standards: An International Human Rights Court And Other Proposals, Nanette Dumas Jan 1990

Enforcement Of Human Rights Standards: An International Human Rights Court And Other Proposals, Nanette Dumas

UC Law SF International Law Review

Anyone who is outraged on hearing accounts of torture, genocide, or other human rights violations also is inevitably frustrated by the international community's helplessness in its inability to right these wrongs. This Note supports the establishment of an international human rights court and proposes that the court be divided into criminal and civil sections. The criminal court would prosecute human rights violations, and the civil court would provide a forum for individual victims and their families to sue and collect damages. In the absence of a comprehensive solution to human rights violations, such as a human rights court, this Note …

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Protections Against Hiv-Based Employment Discrimination In The United States And Australia, Georgeana K. Roussos Jan 1990

Protections Against Hiv-Based Employment Discrimination In The United States And Australia, Georgeana K. Roussos

UC Law SF International Law Review

Much fear and ignorance surround AIDS and other stages of HIV infection. The United States and Australia are representative of many countries where anxieties have given rise to discrimination against individuals with HIV infection. HIV-based employment discrimination is a particularly invidious form of discrimination, robbing individuals of capital and other resources when they are needed most to fight a demoralizing and expensive disease. This Note examines the development of employment law protecting the rights of individuals with HIV disorders from disability-based discrimination. After an initial discussion of the disease's characteristics and its incidence, this Note analyzes the status of the …

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Korean Air Lines: The Future Interpretation Of Executive And Engage In Friendship, Commerce And Navigation Treaties, Lairold M. Street Jan 1990

Korean Air Lines: The Future Interpretation Of Executive And Engage In Friendship, Commerce And Navigation Treaties, Lairold M. Street

UC Law SF International Law Review

The increased presence of foreign-owned corporations operating under Friendship, Commerce and Navigation Treaties (FCN) and recent U.S. litigation involving these treaties has affected the employment of American citizens and foreign nationals in the United States. Sumitomo Shoji America, Inc. v. Avagliano and Korean Air Lines v. MacNamara focused attention on the importance of this issue. How U.S. courts interpret specific provisions of such treaties will have a significant impact on employment practices of some foreign-owned companies. This Article examines four U.S. laws-the Immigration and Naturalization, Fair Labor Standards, Age Discrimination in Employment, and Bankruptcy Acts; and -the International Labor Organization's …

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Confronting Nuclear Terrorism, Louis Rene Beres Jan 1990

Confronting Nuclear Terrorism, Louis Rene Beres

UC Law SF International Law Review

During the next several years, terrorist groups may resort to the insurgent use of nuclear explosives or radioactivity. Faced with this fearful prospect, the United States should now plan for optimal risk-reduction within the settled jurisprudential standards of international law. This paper, therefore, advises government leaders to fully understand the difference between lawful and unlawful insurgencies; to "harden the target" of nuclear materials, weapons, and reactors; and to implement an appropriate "behavioral" strategy of counter-nuclear terrorism. As the risk of nuclear terrorism has transnational implications, like-minded governments are also offered particular patterns of cooperation that involve, inter alia, support for …

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Intramilitary Tort Immunity: A Comparison Of The United States And Great Britain, Jennifer Beckett Jan 1990

Intramilitary Tort Immunity: A Comparison Of The United States And Great Britain, Jennifer Beckett

UC Law SF International Law Review

Great Britain recently eliminated the military exception to the Crown Proceedings Act of 1947. The United States, by comparison, adheres to the Feres doctrine, the judicially created exception to the Federal Tort Claims Act. This note examines the rationales for prohibiting service members from suing under a nation's tort claims act, and the reasons why Parliament decided in 1987 to allow British military personnel to sue under the Crown Proceedings Act. The Note concludes with a discussion of why Congress should follow Britain's lead and abolish the Feres doctrine.

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The Basel Convention: Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal, Kathleen Howard Jan 1990

The Basel Convention: Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal, Kathleen Howard

UC Law SF International Law Review

Serious accidents compromising the environment and human health in developing nations are the result of increased hazardous waste exports. Domestic environmental legislation has failed to control these unchecked exports. The controversial Basel Convention offers a workable solution to slow hazardous waste export and to minimize waste production. This Note analyzes the Basel Convention's provisions and the positions of those opposed to them. The Note then compares the Convention to existing legislation in the United States and proposes modification and adoption of the Convention as a solution to the increasingly dangerous problem of inadequate waste disposal and international hazardous waste exports.

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The Emerging European Community: A Framework For Institutional And Legal Analysis, Martin E. Elling Jan 1990

The Emerging European Community: A Framework For Institutional And Legal Analysis, Martin E. Elling

UC Law SF International Law Review

The European Community is not just a common market but rather a nascent political union. Facile comparisons between the institutions of the EC and the United States are insufficient and miss the point that the EC is developing a hybrid institutional and legal framework. It is crucial that political, economic, and legal actors understand the subtleties of how the EC functions, its aspirations for 1992 and beyond, and the likely changes to be wrought by the decay of Soviet hegemony in Eastern Europe.

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Report Of The Icj Mission Of Inquiry Into The Israeli Military Court System In The Occupied West Bank And Gaza, Jordan J. Paust, Gerhard Von Glahn, Gunter Woratsch Jan 1990

Report Of The Icj Mission Of Inquiry Into The Israeli Military Court System In The Occupied West Bank And Gaza, Jordan J. Paust, Gerhard Von Glahn, Gunter Woratsch

UC Law SF International Law Review

The International Commission of Jurists, concerned about the workings of the military justice system in the West Bank and Gaza, sent three distinguished international lawyers to undertake an investigative mission in June and July 1989. As a result of this mission, they prepared a fair and objective factual report. The Report focuses on concerns regarding continuing reports of mistreatment and torture of suspects during interrogation, the inability of defense attorneys to visit their clients, and inadequate charges. The Report also contains numerous recommendations on topics such as improving the treatment of arrested persons, sentencing on guilty pleas, and family visits.

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The European Economic Community: Challenge And Opportunity, 24 J. Marshall L. Rev. 145 (1990), Seymour Rothstein, David M. Rosenblatt Jan 1990

The European Economic Community: Challenge And Opportunity, 24 J. Marshall L. Rev. 145 (1990), Seymour Rothstein, David M. Rosenblatt

UIC Law Review

No abstract provided.

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