Comparative and Foreign Law Commons^™

The Chips Are Down: Legal Implications Of Alleged Japanese Unfair Practices In The United States Semiconductor Industry, Nancy L. Siegel, Noah Sherman

UC Law SF International Law Review

The authors discuss alleged Japanese trade secret violations in the semiconductor industry and various protective mechanisms available to United States industry on domestic and international levels. They propose a possible remedy, for the violations alleged, within a general framework of protections against unfair trade practices.

Index Of Selected Bilateral Treaties: United States And Japan, Jacqueline Jauregui

UC Law SF International Law Review

This note contains, for the practitioner's use, an index of most bilateral treaties between the United States and Japan. This index is intended to aid attorneys in the complex area of treaty law between the United States and Japan.

Computer Technology Trade Secrets: Protection In An International Setting, Victor Rowley

UC Law SF International Law Review

If a Japanese computer manufacturer induces a California competitor's former employee to disclose trade secrets in violation of a postemployment agreement, then a California corporation has substantive and jurisdictional grounds on which to build a case not only against the ex-employee but also against the Japanese manufacturer. Particularly involved on the issue of jurisdiction over the alien defendant is a 1977 New Hampshire District Court case that parallels this situation, Centronics Data Computer Corporation v. Mannesmann.

The Effect In Choice Of Law Cases Of The Acquisition Of A New Domicile After The Commission Of A Tort Or The Making Of A Contract, Moffatt Hancock

UC Law SF International Law Review

A.post-transaction change of domicile by one of the parties to a law suit raises important questions which the court must answer in determining what law to apply to the transaction. The author examines and analyzes policy considerations in two types of cases: those in which the application of the law of the new domicile would favor the changing party and those in which it would work to his or her disadvantage.

The French Exequatur Proceeding: The Exorbitant Jurisdictional Rules Of Articles 14 And 15 (Code Civil) As Obstacles To The Enforcement Of Foreign Judgments In France, Thomas E. Carbonneau

UC Law SF International Law Review

In this article, the author examines the jurisdictional problems encountered by a party attempting to enforce a foreign judgment in France against a French national or domiciliary. The author's application of the French law to a hypothetical case demonstrates that as a general rule, foreign judgments rendered against French nationals or domiciliaries by non-Common Market jurisdictions will not be enforceable in France.

Questionable Payments By Foreign Subsidiaries: The Extraterritorial Jurisdictional Effect Of The Foreign Corrupt Practices Act Of 1977, Hubert Lenczowski

UC Law SF International Law Review

In an attempt to halt bribery of foreign officials by American businesses, the Foreign Corrupt Practices Act of 1977 imposes liability on United States corporations, but not on their foreign subsidiaries. This Note analyzes how the Act is given extraterritorial effect, and compares this effect with international applications of the United States antitrust laws. In conclusion the author explains that the Act's unprecedented effect.

The Japanese And Korean Law Of Secured Transactions, Rex Coleman

UC Law SF International Law Review

In 1977 the United States' bilateral trade deficit with Japan was over 8 billion dollars, roughly forty percent of the United States' overall trade deficit for that year. In this introductory article, the author examines the nationalistic orientation of the business government alliance established during the Meiji Era, the government validation process and the five steps of the post-war capital liberalization program. The article concludes with a brief analysis of prospects for the future.

Japanese Taxation Of The Foreign Income Of Japanese Corporations, Rosser H. Brockman

UC Law SF International Law Review

This article describes in general terms the Japanese domestic tax treatment of the foreign income of Japanese corporations. This topic has become of increasing importance to American attorneys, businessmen and legal scholars as international trade and investment between Japan and the United States have grown. The author discusses the source rules, taxation of undistributed profits of designated tax haven subsidiaries, the foreign tax credit and domestic provisions affecting foreign income. The article concludes with an evaluation of the neutrality of the Japanese taxation of the foreign income of Japanese corporations.

The Structure Of Tribunals And The Appointment Of Their Members In Great Britain, Charles D. Ablard

UC Law SF International Law Review

The British tribunal system is viewed as an independent extension of the court system with adjudicative powers over a broad range of government activities. The author examines the structure and composition of British tribunals, discusses the role of lawyers and laymen within the tribunal system, and draws comparisons to administrative law bodies in the United States.

The Third World And The Protection Of National Patrimony: Oil, Art And Orchids, Michael W. Gordon

UC Law SF International Law Review

The author analyzes various means of protecting national patrimony, concentrating on three general subject areas of concern: a nation's natural resources, its cultural heritage, and its fauna and flora. The author discusses the interrelatedness of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illict Import, Export and Transfer of Ownership of Cultural Property, the 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the 1974 United Nations General Assembly Charter of Economic Rights and Duties of States, viewing these multilateral pronouncements as part of a broad Third World response to the …

Human Rights In The Wake Of The Helsinki Accords, Arthur J. Goldberg, James S. Fay

UC Law SF International Law Review

Since the ratification in Helsinki in 1975 of the Final Act of the Conference on Security and Cooperation in Europe (CSCE), the Soviet bloc nations have resisted effective implementation of many agreed upon provisions of the Act, particularly those dealing with Human Rights. In the process of outlining the flaws in the Soviet position, the authors suggest specific steps to guide Western negotiators at the 1980 CSCE meeting in Madrid.

The Influence Of Roman Law On Early Medieval Culture, Edgar Bodenheimer

UC Law SF International Law Review

The Roman law which had a significant impact on the early Middle Ages was not the law which was in force during the decline of Rome's civilization. The author discusses why the Vulgar law was well suited for early medieval culture and why the classical Roman law was only revived toward the end of the Middle Ages.

The Argentine Transfer Of Technology Law: An Analysis And Commentary, Guillermo Cabanellas

UC Law SF International Law Review

The author guides investors and their attorneys through the complexities of the 1977 Argentine Transfer of Technology Law. The law is compared and contrasted with previous Argentine foreign investment laws and the laws of other Latin American countries.

Carriage Of Goods By Sea: Should The United States Ratify The Hambug Rules, Michael C. Davis

UC Law SF International Law Review

On March 31, 1978, the United Nations Conference on the Carriage of Goods by Sea adopted the Hamburg Rules to replace the Hague Rules of 1924 as the guiding instrument on international carriage of goods by sea. The new rules embody several changes in the liability for cargo damaged or lost in transit by sea. This Note focuses on the two most important substantive changes: The elimination of the so-called "catalogue of exemptions," and the change in the maximum liability limitation.

Restraints On Executive Emergency Power In The United States And Canada, James S. Fay

UC Law SF International Law Review

The United States and Canada grant extensive emergency powers to their Chief Executives in time of crisis. Limited restrictions by the courts and particularly by the legislatures on the invocation and use of such powers may pose a long term threat to democratic institutions in both nations.

Foreign Sovereign Immunities Act: Ownership Of Soviet Foreign Trade Organizations, James Stang

UC Law SF International Law Review

No abstract provided.

The 1978 Constitution Of The People's Republic Of China, Chin Kim, Timothy G. Kearley

UC Law SF International Law Review

The authors analyze the latest Constitution of the People's Republic of China placing considerable emphasis on the shifts in economic and social policy wrought by recent changes in the political theater of the People's Republic of China. This most recent version is compared to and contrasted with the preceeding Constitutions of 1975 and 1954.

German Merger Control: A European Approach To Anticompetitive Takeovers, Rolf Belke, W. David Braun

Northwestern Journal of International Law & Business

European free-market countries recently have begun to enact more laws regulating mergers and joint-ventures, with Germany at the forefront. In this article, Messrs. Belke and Braun intensively analyze the German merger control law, including the criteria that necessitate a report to the German Cartel Office, its application of the substantive merger control rules, and possible exceptions to an anti-merger ruling. They also explore the impact of the German law on international mergers and joint-ventures. Finally, they discuss in detail the first two German Supreme Court decisions that construed the substantive rules and contrast them with similar American cases.

New Developments In Law In The People's Republic Of China, Stanley B. Lubman

Northwestern Journal of International Law & Business

Recently, Chinese leaders have begun to promote the development of legal standards andformal legal institutions for China. In this article, Mr. Lubman explores the background and current status of the role of law in China and assesses its relationship to China's economic development, domestic politics, and international economic relations. Mr. Lubman suggests that students of Chinese law must create new theoreticalperspectives to study the new developments.

The Law Of Non-Recognition: The Case Of Taiwan, Victor H. Li

Northwestern Journal of International Law & Business

The United States and the People's Republic of China established diplomatic relations on January 1, 1979, while official United States ties with Taiwan terminated on the same day. In this article, Professor Li examines two possible American rationales for continued unofficial ties with Taiwan and the possible legal consequences of adopting either rationale.

European Views Of United States Anti-Bribery And Anti-Boycott Legislation, E. Ernest Goldstein

Northwestern Journal of International Law & Business

Today, the United States Congress has made an attempt to legislate against corrupt practices and to encourage other countries to do the same. During the past year, I have had the opportunity to meet with numerous European groups in conferences, seminars, conventions, and one-day study sessions to discuss the most recent American legislation dealing with immoral business practices: the Foreign Corrupt Practices Act and the anti-boycott legislation within the Export Administration Amendments of 1977. This perspective is not intended to reproduce the remarks made on such occasions to European businessmen and lawyers, nor is it a scientific survey of European …

United States Foreign Trade Policy: A Delicate Balancing Act, Robert S. Strauss

Northwestern Journal of International Law & Business

World trade today involves one-sixth of everything that is grown or manufactured on this planet. Translated into dollars, this amounted to a value last year of one trillion dollars. Of this amount, $150 billion belongs to American agriculture and industry. The enormous stake of the United States in maintaining and encouraging the growth of its exports has led the present Administration to chart an enlightened and courageous trade policy of promoting free and fair trade. Rather than take the politically expedient course of protectionism, this Administration has embarked on the course of lowering barriers to fair trade to ensure the …

China's Changing Constitution , Jerome Alan Cohen

Northwestern Journal of International Law & Business

In 1978, the People's Republic of China promulgated its third constitution since the communist revolution. In many respects, the new constitution reflects the attitudes andpolicies of Peking's current leadershp. In this article, Professor Cohen analyzes the changes wrought by the new constitution in property relations, restraints on executive power, and the protection of individual liberties by comparing it with its predecessors.

Review Of Society And Homicide In Thirteenth-Century England, Thomas A. Green

Reviews

JAMES GIVEN has produced the first systematic book-length treatment of the sociology of medieval English crime. His work does not pretend to be comprehensive: it deals only with homicide. Nor does it cover more than a century, the thirteenth; the author has wisely left the earlier system of criminal law, based on private compensation, to other scholars, and he says just enough about late thirteenth- and early fourteenth- century social and legal change to suggest he believes that that period, too, must await its own interpretation. Still, the social history of homicide in the thirteenth century proves itself fascinating terrain, …

Current Studies In Japanese Law, Whitmore Gray, Kazuo Sugeno, Walter L. Ames, Ronald G. Brown, Richard O. Briggs

Books

Over the past fifteen years there has been a remarkable growth in the study of Japanese law in the United States. The foundation was laid during the late 1950's when the Harvard-Michigan-Stanford program brought together Japanese legal specialists and their American counterparts for study and research. At the end of this program a major conference was held, and the resulting publication, Law in Japan, continues to serve as a point of departure in descriptive studies of Japanese law.

During the 1960's interest in Japan continued to develop among law faculty members, but an even more important development was the increase …

The Effects Of Inflation On The Law Of Obligations In Argentina, Brazil, Chile And Uruguay, Keith S. Rosenn

Articles

No abstract provided.

Antidumping Law In Japan, Gary Saxonhouse

Michigan Journal of International Law

The Japanese antidumping law neither works nor is it practiced. Until very recently, it has been a case of managed economy, with extensive government-business interaction obviating the need to use antidumping laws. While some legislation has been on the books, there's never been an action filed under the available legal framework for antidumping actions.

Foreign Investment In Paraguay: An Analysis Of Incentives Under Law No. 550, Michael D. Schley

UC Law SF International Law Review

No abstract provided.

Japanese Postwar Attitudes Towards International Trade And Investment, Hobart Mck Birmingham

UC Law SF International Law Review

In 1977 the United States' bilateral trade deficit with Japan was over 8 billion dollars, roughly forty percent of the United States' overall trade deficit for that year. In this introductory article, the author examines the nationalistic orientation of the business government alliance established during the Meiji Era, the government validation process and the five steps of the post-war capital liberalization program. The article concludes with a brief analysis of prospects for the future.

Marketing And Antitrust In Japan, John O. Haley

UC Law SF International Law Review

In a recent series of cases the Japanese Fair Trade Commission has adopted a strict illegality approach and held one of the more typical manufacturer-imposed market channelling arrangements to constitute an unfair business practice in violation of article 19 of the Japanese Antimonopoly and Fair Trade Law. This article assesses these cases and their implications in the context of Japanese antitrust regulation of marketing.