Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 12481 - 12510 of 13693

Full-Text Articles in Comparative and Foreign Law

Pembaharuan Hukum Merek, Soetomo Ramelan Feb 1977

Pembaharuan Hukum Merek, Soetomo Ramelan

Jurnal Hukum & Pembangunan

No abstract provided.


Inter-American Legal Developments, Rafael C. Benitez Feb 1977

Inter-American Legal Developments, Rafael C. Benitez

University of Miami Inter-American Law Review

No abstract provided.


The New Regime Of Labor Relations Crimes In Trinidad And Tobago, Chuks Okpaluba Feb 1977

The New Regime Of Labor Relations Crimes In Trinidad And Tobago, Chuks Okpaluba

University of Miami Inter-American Law Review

No abstract provided.


Family Inheritance, Provisiona In The Barbados Succession Act: Redefining The Family, Norma Monica Forde Feb 1977

Family Inheritance, Provisiona In The Barbados Succession Act: Redefining The Family, Norma Monica Forde

University of Miami Inter-American Law Review

No abstract provided.


Marine Scientific Research Amid Troubled Political Waters, Thomas John Scotto Jan 1977

Marine Scientific Research Amid Troubled Political Waters, Thomas John Scotto

UC Law SF International Law Review

The sixth session of the Third United Nations Conference on the Law of the Seas concluded last summer. This author takes a critical look at the trend in the negotiations to date and its repercussion on the conduct of marine scientific research.


The Composite Text And Nodule Mining--Over-Regulation As A Threat To The Common Heritage Of Mankind, Theodore M. Beuttler Jan 1977

The Composite Text And Nodule Mining--Over-Regulation As A Threat To The Common Heritage Of Mankind, Theodore M. Beuttler

UC Law SF International Law Review

The future of international regulation of the deep seabed has been jeopardized by the Informal Composite Negotiating Text. The author explains why the production restrictions within the text are unduly harsh and overprotective of land-based mineral producers.


United States Policy Regarding Recognition Of Foreign States, Randall S. Leff Jan 1977

United States Policy Regarding Recognition Of Foreign States, Randall S. Leff

UC Law SF International Law Review

Recognition is the act whereby the executive of a nation formally acknowledges the existence of a new state or government and determines all of the legal consequences flowing from this act to the new state or government. The author of this note proposes that recognition should be founded upon international legal standards, rather than political considerations.


The 1975 Constitution Of The People's Republic Of China, Chin Kim Jan 1977

The 1975 Constitution Of The People's Republic Of China, Chin Kim

UC Law SF International Law Review

On January 17, 1975, the People's Republic of China adopted a new national constitution. In this article, the author discusses the new constitution in light of its substantive changes from the 1954 constitution, concluding that the basic purpose of the 1975 constitution is to formalize by way of document the political changes which have taken place in the People's Republic of China since 1954.


The New Argentine Foreign Investment Law: An Analysis And Commentary, Thomas W. Studwell, Guillermo Cabanellas Jan 1977

The New Argentine Foreign Investment Law: An Analysis And Commentary, Thomas W. Studwell, Guillermo Cabanellas

UC Law SF International Law Review

The authors guide investors and their attorneys through the complexities of the recently enacted Argentine Foreign Investment Law. The new law is compared and contrasted with previous Argentine foreign investment laws and the laws of other Latin American Countries.


The Application Of Forum Non Conveniens In Maritime Personal Injury Actions Brought By Foreign Seamen In Federal Courts: An Analysis And Reappraisal, Eugene Vincent Flynn Jan 1977

The Application Of Forum Non Conveniens In Maritime Personal Injury Actions Brought By Foreign Seamen In Federal Courts: An Analysis And Reappraisal, Eugene Vincent Flynn

UC Law SF International Law Review

Despite the regularity with which the issue of forum non conveniens is raised by defendants in maritime personal injury actions brought by foreign seamen, no reported case has presented a definitive analysis of the doctrine since the Lauritzen-RhodtLs choice of law method was established by the Supreme Court, In order to fill this void the author first suggests policy reasons which underpin the consistent judicial refusal to dismiss cases controlled by American maritime law. Next the author turns to the application of forum non conveniens in cases controlled by foreign law and discusses relatively recent innovations in law, technology and …


Broach Of Duty: The United States Foreign-Trade Zones Program In Transition, Daniel G. Durbin Jan 1977

Broach Of Duty: The United States Foreign-Trade Zones Program In Transition, Daniel G. Durbin

UC Law SF International Law Review

The concept of the foreign-trade zone has undergone recent change in the United States. Under the founding legislation, foreign-trade zones were defined as areas where goods could be stored temporarily without being subject to many customs regulations. Today, the potential purposes and activities for which a zone can be utilized have been extended. The federal court decision in Armco Steel Corp. v. Stans, legislative amendments and policy statements by the Foreign Trade Zones Board have contributed substantially to this evolution. Certainly, observers of its early form would have difficulty recognizing the modern foreign-trade zone.


Trust & Estate Planning: The Effect Of Soviet Polices On Legacies From Abroad, Claudia Brooks Jan 1977

Trust & Estate Planning: The Effect Of Soviet Polices On Legacies From Abroad, Claudia Brooks

UC Law SF International Law Review

When one attempts to create or administer a money estate or trust in favor of an alien residing in the Soviet Union he or she must be aware of the problems commonly associated with such a gift. This article examines the inheritance laws of California and other states with regard to nonresident alien heirs, and analyzes the past and present attitudes of the Soviet Government toward interitances from abroad intended for its citizens. In addition the author proposes drafting techniques to aid an attorney in creating an effective will or trust instrument for the benefit of a Soviet resident.


New Tendencies In The Development Of Fundamental Rights In The Federal Republic Of Germany, 11 J. Marshall J. Prac. & Proc. 1 (1977), Ernst Benda Jan 1977

New Tendencies In The Development Of Fundamental Rights In The Federal Republic Of Germany, 11 J. Marshall J. Prac. & Proc. 1 (1977), Ernst Benda

UIC Law Review

No abstract provided.


The Legislative Habits Of The British Parliament, 10 J. Marshall J. Prac. & Proc. 437 (1977), David Renton Jan 1977

The Legislative Habits Of The British Parliament, 10 J. Marshall J. Prac. & Proc. 437 (1977), David Renton

UIC Law Review

No abstract provided.


A New Constitution For German Big Business: The Co-Determination Act Of 1976, Fritz Rittner Jan 1977

A New Constitution For German Big Business: The Co-Determination Act Of 1976, Fritz Rittner

UC Law SF International Law Review

Designed to change the economic and social life of Germany, the Federal Republic of Germany enacted the Co-Determination Act of 1976. The author of this commentary analyzes the basic content of the Act, outlines its central theme and scope of application and the probable effects of the Act upon the operation of German business enterprises.


Innovation In International Organization: The International Energy Agency, Richard F. Scott Jan 1977

Innovation In International Organization: The International Energy Agency, Richard F. Scott

UC Law SF International Law Review

Responding to the Arab oil embargo of 1973-74 and to the abrupt shift of control over the oil market from the international oil companies to the producer countries, the major oil consuming countries established the International Energy Agency (IEA) on November 15, 1974. This article analyzes the origin, structure and early operations of the lEA. The author concludes that the organization of the IEA demonstrates the ability of oil consuming countries to respond in a constructive, cooperative, and peaceful fashion to the energy challenges of today.


Compelling Contract Performance In France, James Beardsley Jan 1977

Compelling Contract Performance In France, James Beardsley

UC Law SF International Law Review

The threat of a money judgment substantially exceeding provable damages has become the basis of enforcement of specific performance of contracts in France. The author of this article traces the developments in this area and the evolution of the astreinte, which has substantially changed what may be called the law of specific performance of France.


United States V. Hollinshead: A New Leap In Extraterritorial Application Of Criminal Laws, William J. Hughes Jan 1977

United States V. Hollinshead: A New Leap In Extraterritorial Application Of Criminal Laws, William J. Hughes

UC Law SF International Law Review

In United States v. Hollinshead, the defendants were convicted of violating a federal penal statute and subjected to criminal penalties in the United States for the importation of Mayan artifacts illegally exported from Guatemala. The case held, in effect, that articles not characterized as stolen under the laws of the United States may still become the basis for violation of 18 USC § 2314, interstate transportation of stolen property. In his note, the author analyzes the usefulness of this decision in the extraterritorial applications of United States penal laws.


The United States Domestic International Sales Corporation: An Analysis Of Its Objectives And Effects, Bruce William Feuchter Jan 1977

The United States Domestic International Sales Corporation: An Analysis Of Its Objectives And Effects, Bruce William Feuchter

UC Law SF International Law Review

The Domestic International Sales Corporation Act has encouraged exports of United States' products without destructive economic effects outside the country to warrant keeping the Act in effect. The author proposes that its use has been of sufficient value to justify Congressional extension of the life of the Act.


Review Of Contemporary Soviet Law: Essays In Honor Of John N. Hazard, Whitmore Gray Jan 1977

Review Of Contemporary Soviet Law: Essays In Honor Of John N. Hazard, Whitmore Gray

Reviews

This excellent collection of essays on Soviet Law was assembled to honor Professor John N. Hazard of Columbia University on the occasion of his sixty-fifth year, as well as the fortieth anniversary of his embarking on his study of the Soviet legal system. As an introduction to the contemporary essays, the editors happily chose to publish for the first time some of the letters Professor Hazard wrote to his sponsor in New York during his three years as a law student in Moscow, 1934-37. These excerpts are the jewel of the volume, and should certainly be read by anyone trying …


Property And Tort In Nuclear Law Today, Kazimierz Grzybowski, William Dobishinski Jan 1977

Property And Tort In Nuclear Law Today, Kazimierz Grzybowski, William Dobishinski

Faculty Scholarship

No abstract provided.


A Code Of Conduct Regulating International Technology Transfer: Panacea Or Pitfall, Marcus B. Finnegan Jan 1977

A Code Of Conduct Regulating International Technology Transfer: Panacea Or Pitfall, Marcus B. Finnegan

UC Law SF International Law Review

Industrialized or developed countries control some of the most valuable, useful and transferable technology in the world. Recognizing the need for the transfer of technology from the larger industrialized nations to the more numerous developing countries, the author of this article examines the difficulties of such transfers and analyzes the proposed codes of conduct to regulate such transactions.


Intergovernmental Maritime Consultative Organization And Tankers: A Case Study In The Effectiveness Of International Maritime Regulation, Robert L. Otsea Jr. Jan 1977

Intergovernmental Maritime Consultative Organization And Tankers: A Case Study In The Effectiveness Of International Maritime Regulation, Robert L. Otsea Jr.

UC Law SF International Law Review

In recent years the world has seen a proliferation of maritime disastors that has resulted in numerous environmentally threatening oil spills. The author examines the problem of international maritime regulation of 'tankers and discusses the role of the Inter-governmental Maritime Consultative Organization (IMCO) as a tool in the regulation of tanker safety and the prevention of oil spills.


Book Review. Obligations In Polish Law By W. J. Wagner, Jurij Fedynskyj Jan 1977

Book Review. Obligations In Polish Law By W. J. Wagner, Jurij Fedynskyj

Articles by Maurer Faculty

No abstract provided.


The 1976 Terrorism Amendment To The Foreign Assistance Act Of 1961, Thomas E. Carbonneau, Richard Lillich Jan 1977

The 1976 Terrorism Amendment To The Foreign Assistance Act Of 1961, Thomas E. Carbonneau, Richard Lillich

Faculty Scholarship

Key to any successful attempt to combat international terrorism is the elimination of sanctuary and safe-haven for terrorists. The United States has pressed consistently for international agreements – the anti-hijacking conventions and the Internationally Protected Persons Convention being examples – requiring States either to prosecute or extradite international terrorists found within their borders. Because its efforts to establish a "basic extradite-or-prosecute obligation" have not met with general success, the U.S. has had to consider, among other alternatives, various unilateral responses to help curb terrorist activities. One obvious response, drawing upon a wealth of domestic precedents, involves the possible invocation of …


The Legal Status Of Foreign Investments In The East African Common Market, T. O. Elias Jan 1977

The Legal Status Of Foreign Investments In The East African Common Market, T. O. Elias

Vanderbilt Journal of Transnational Law

One noticeable development in the field of International Economic Law during the last decade since the United Nations ushered in the new era of an economic world order has been the growing literature on the law of investments, especially in respect to developing economies. International Economic Law itself is a recent specialist off-shoot of general public international law, having been nurtured and popularized as a subject of separate university discipline in its own right within the last 30 years or so by Schwarzenberger among others. Notable, generally, among the specialized studies on international investments law are Worthley's Expropriation in Public …


Mineral Taxation In Zambia, Muna Ndulo Jan 1977

Mineral Taxation In Zambia, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.


Presidential Self-Regulation Through Rulemaking, L. Harold Levinson Jan 1977

Presidential Self-Regulation Through Rulemaking, L. Harold Levinson

Vanderbilt Journal of Transnational Law

Editor's Note: This is the second part of a two part article by Professor L. Harold Levinson dealing with executive rulemaking. The first part appeared in Volume 9, number 4, and examined the law of the United States and the United Kingdom. This part deals with France and the European Communities, and concludes with comparative comments.


Abortion And Constitution: United States And West Germany, Donald P. Kommers Jan 1977

Abortion And Constitution: United States And West Germany, Donald P. Kommers

Journal Articles

The US Supreme Court’s 1973 and the German Federal Constitutional Court’s 1975 decisions on abortion provide us with an uncommon opportunity to compare the constitutional law of different nations on the issue. The two courts took opposing stances in their decisions. The US Supreme Court substantially curtailed the power of American states to limit abortion while the German court ruled that an existing statute that permitted abortion within the first three months of pregnancy violated the rights of unborn children. These opinions can be explained by the different political contexts of the two nations and different perceptions on judicial intervention …


Integrating Governmental And Officer Tort Liability, George A. Bermann Jan 1977

Integrating Governmental And Officer Tort Liability, George A. Bermann

Faculty Scholarship

The legislative and judicial dismantling of sovereign immunity is among the more significant and celebrated reforms of recent American administrative law. In many instances, this development has given those seeking damages for wrongful governmental action their first and only defendant. Even in situations in which litigants already had a cause of action against individual public officials, making the government amenable to suit has enhanced the chances of actual recovery, since officials often lack the means to satisfy judgments rendered against them. The immunity from liability enjoyed by public officials also has undergone a complex series of changes. Though still in …