International Law Commons^™

The Control Of Neighborhood Noise: A Case Study In Law And Public Administration, A. D. Oliver

Connecticut Journal of International Law

Noise is a pervasive form of environmental pollution that affects people at work, at home and in their neighborhoods. The measures adopted by the English legal system for the control of neighborhood noise provide a useful case study in the techniques available to the state in implementing policy, and the problems in ensuring the effective fulfillment of policy objectives. This paper serves a dual purpose in giving information about the measures taken to deal with the noise problem in Britain and the obstacles to successful solution of the problem and in illustrating in more general terms the methods of policy …

The Domestic And Extraterritorial Application Of United States Employment Discrimination Law To Multinational Corporations, Dorothy Crow-Willard

Connecticut Journal of International Law

As multi-national corporations expand1 and send employees to branches and subsidiaries throughout the world, the problem of which nation's employment law to apply in the courts of both the home and host country is becoming acute. Traditional notions of territoriality and international comity long have dictated a reluctance on the part of lawmakers to impose employment law beyond their own borders. Nonetheless, the tradition has begun to erode. While Congress exempts foreign corporations doing business in the United States from some employment laws through treaties,2 the courts apply the same laws to United States corporations whether or not they are …

Brazil: Foreign Activity And The Sociedade Anonima - Law No. 6.404 Of December 15, 1976, Paula Romaine Brindeiro

Connecticut Journal of International Law

Foreign companies active in Brazil may choose to incorporate under Law No. 6.404,1 which governs the incorporation and operation of the sociedade anbnima, a widespread corporate form. Law 6.404 generally replaces the prior law governing sociedades anbnimas, Decree Law No. 2.627 of 1940,2 although certain provisions of the older law which define the civil status of foreign companies and regulate their operation in Brazil remain intact. Once incorporated under Law No. 6.404, a company is considered to be Brazilian.

The sociedade anbnima historically was a limited liability company that was granted monopoly commerce privileges. This concept has given way to …

Major Legal Aspects Of Foreign Investment In The People's Republic Of China, Jin Cao

Connecticut Journal of International Law

Since China1 re-entered the global business community in 19782, western corporations have demonstrated a widespread interest in doing business with the world's most populous country.' The prospect of entering the vast market of China is no longer just a dream. The foreign investment climate in China is changing rapidly,4 as is evidenced by the almost two hundred laws and regulations concerning foreign investment which were introduced in the interim between 1979 and 1986.' The Chinese Government is eager to utilize the capital and technology of foreign multinational corporations and to earn foreign currency through the expansion of its international trade.6 …

Connecticut Developments, Brendan T. Flynn

Connecticut Journal of International Law

No abstract provided.

Book Review: Imperial Appeal: The Debate On The Appeal To The Privy Council, 1833-1986, Richard S. Kay

Connecticut Journal of International Law

IMPERIAL APPEAL: THE DEBATE ON THE APPEAL TO THE PRIVY COUNCIL, 1833-1986. By David B. Swinfen. Manchester (Lancashire): Manchester University Press, 1987. 268 pp. £35.00.

A Lighter Burden For Refugees: The Well-Founded Fear Standard Of Immigration And Naturalization Service V. Cardoza-Fonseca, Linsley J. Barbato

Connecticut Journal of International Law

The United States' historical role as a haven for the world's persecuted and homeless has been tested in recent years. Immigration policies originally adopted to accommodate Europeans migrating to the United States after World War III have been amended by Congress to regulate the influx of a far more diverse group of refugees. The IndoChinese boat people of the 1970s and the Cubans and Haitians of the early 1980s provided only a glimpse of the various groups seeking shelter in the United States today - a more complete list includes natives of El Salvador, Nicaragua, Iran, Iraq, Guatemala and the …

Disappearances: Towards A Declaration On The Prevention And Punishment Of The Crime Of Enforced Or Involuntary Disappearances, Matthew Lippman

Connecticut Journal of International Law

The term "disappearances" 1 (in Spanish desaparecido or "to have disappeared") was first used to describe the plight of the victims of Latin American death squads in the 1960s.1 It is estimated that 90,000 people have disappeared in Latin America alone over the past two decades3 and, in recent years, the practice has spread to Africa, Asia and the Middle East.

Disappearances have been characterized as "the highest stage of political repression, because [they] immediately hinder[] the application of legal codes established for the defense of personal freedom, physical integrity, human dignity, and life itself." Once an individual is abducted, …

Choice-Of-Law And The Liability Of Foreign States, Clyde H. Crockett

Connecticut Journal of International Law

The Foreign Sovereign Immunities Act of 1976 [FSIA],' provides the exclusive basis upon which American courts may assume jurisdiction over suits against foreign nations and their agencies and instrumentalities.' However, a compendium of the rules respecting the rights and obligations of parties to FSIA cases does not exist. Some federal statutory rules of decision on the liability of foreign states to private entities have been enacted, but they are few in number and limited in scope. In the absence of a detailed listing of rights, one conceivable option is to determine the applicable law through existing choice-of-law rules and approaches. …

Labor Relations In Japan, The United States, And Great Britain: Culture And Conflict, Sioban M. Healy

Connecticut Journal of International Law

This article attempts to compare and contrast some key elements of Japanese labor relations with aspects of two Western systems, the United States and Great Britain. In particular, the article looks at some of the cultural differences between the three countries and examines how each country deals with conflict in labor-management relations. Japan has long been perceived to be "different" and unique among industrial nations, and her labor-management relations have been a subject of fascination for Western onlookers. As one writer put it:

Workers are prompt, efficient, rarely absent and highly productive. They work longer hours and take shorter vacations …

Book Reviews: Closed Borders: The Contemporary Assault On Freedom Of Movement, Arthur C. Helton

Connecticut Journal of International Law

CLOSED BORDERS: THE CONTEMPORARY ASSAULT ON FREEDOM OF MOVEMENT. By Alan Dowty.* New Haven and London: Yale University Press, 1987. With index, 270 pp. Cloth, $20.00.

Subpar F Income Under The Connecticut Corporation Business Tax, Carlos M. Santos

Connecticut Journal of International Law

The Connecticut State Department of Revenue Services issued a declaratory ruling1 in March of 1987 stating that Subpart F income does not qualify as a dividend within the language of the Connecticut Corporation Business Tax.' In issuing this declaratory ruling, the Department reversed its previously stated position that "Subpart F income . ..received from foreign corporations should be treated as dividends "'

This recent development briefly examines whether the federal treatment of Subpart F income as a constructively received dividend requires Connecticut to similarly treat such income for state taxation purposes. It begins with a discussion of the conditions prior …

Peremptory International Law And Sovereignty: Some Questions, Mary Ellen Turpel, Phillipe Sands

Connecticut Journal of International Law

Professor Janis' piece on "The Nature of Jus Cogens" is an interesting and thoughtful contribution to the doctrinal controversy over the codification and sources of jus cogens, law which is peremptory to the will of states (jus dispositivum). While the body of literature on jus cogens and international law has been relatively small since the reference to the doctrine in the Vienna Convention on the Law of Treaties,' there is some indication, following the recent decision of the International Court of Justice [ICJ] in the Nicaragua decision2 and with the publication of several recent articles,' that attention is once again …

Reflections On "Restructuring": The Soviet 1986 Unearthed Income And Individual Labor Income Degrees, Leonard Orland

Connecticut Journal of International Law

General Secretary Mikhail Gorbachev's major economic reforms-restructuring legislation designed to reduce the role of the central planner and to increase enterprise autonomy-have received considerable attention (and a fair amount of praise) in the West. Yet Western scholars have devoted relatively little attention to the equally important Gorbachev "reform" of the second economy, that grey and black market conduct at the fringe of Soviet legality. This essay examines, in the context of "restructuring," the two major second economy "reform" efforts-the Soviet 1986 unearned income and individual labor income decrees.

Book Reviews: Contract Law In The Ussr And The United States: History And General Concept, Peter B. Maggs

Connecticut Journal of International Law

CONTRACT LAW IN THE USSR AND THE UNITED STATES: HISTORY AND GENERAL CONCEPT. By E. Allan Farnsworth* & Viktor P. Mozolin.** Washington, D.C.: International Law Institute, 1987. With index, 350 pp. Cloth, $35.00.

Book Reviews: International And Legal Problems Of The Gulf, Noel J. Augustyn

Connecticut Journal of International Law

INTERNATIONAL AND LEGAL PROBLEMS OF THE GULF. By Sayed Hassan Amin.* Glasgow: Royston, 1981. With index and appendices, 235 pp. Cloth, £25.

The Nature Of Jus Cogens, Mark W. Janis

Connecticut Journal of International Law

Jus cogens, compelling law, is the modern concept of international law that posits norms so fundamental to the public order of the international community that they are potent enough to invalidate contrary rules which might otherwise be consensually established by states.

Recent Israeli Security Measures Under The Fourth Geneva Convention, Peter J. Morgan Iii

Connecticut Journal of International Law

With the recent wave of unrest in the Israeli occupied territories,' Israel has been faced once again with difficult choices in the methods it uses to restore order within these territories. Israel has responded with methods previously employed to restore order-deportations, preventive detentions, and curfews-and with a new policy of "Force, Power and Blows." With these methods have come vague references in the media to the applicability of the Fourth Geneva Convention Relative to the Protection of Civilian Persons in the Time of War to the occupied territories.' Since there are disagreements both over the general applicability of the Fourth …

Exporting United States Law: Transnational Securities Fraud And Section 10(B) Of The Securities Exchange Act Of 1934, John W. Hamlin

Connecticut Journal of International Law

American investment and trading in foreign securities have both increased dramatically in the past twenty years.' Primarily attracted to the relatively higher returns expected on these investments, American investors also look to foreign securities for lower portfolio risk through diversification.' While Americans are trading more in foreign securities both abroad and on United States exchanges, foreigners are trading over $160 billion in American stocks each year on United States markets.3 The globalization of the world's securities markets has accelerated with the increase in linkages connecting stock exchanges of different nations, with the expansion of major financial institutions and securities firms …

Connecticut Developments, George C. Springer Jr.

Connecticut Journal of International Law

No abstract provided.

A Survey Of Justice Anthony Kennedy's Ninth Circuit International Law Opinions, Stephen M. Carruthers

Connecticut Journal of International Law

Justice Anthony M. Kennedy's recent appointment to the United States Supreme Court presents an appropriate time to review his opinions from the Ninth Circuit Court of Appeals dealing with international legal issues. Given the limited quantity of such opinions,1 the purpose of this recent development is also limited. Rather than attempting to glean any general international legal philosophy, the scope of this examination is confined to characterizing the new Justice's approach to the issues presented in the few cases he has authored.

This survey summarizes the facts of each case and sets forth Kennedy's handling of the international law issues …

Resolving Conflicts Under Section 304 Of The Bankruptcy Code: In Re Metzeler, Eric A. Henzy

Connecticut Journal of International Law

In In re Metzeler1 the bankruptcy court for the Southern District of New York held that in an ancillary case under section 304 of the Bankruptcy Code, the representative of a foreign bankruptcy estate may not maintain actions pursuant to the Code preference and fraudulent conveyance provisions, but rather is limited to those actions granted by foreign law. The court also found that preference and fraudulent transfer actions pursuant to foreign law seeking to recover property in the United States are sufficient grounds to bring a section 304 petition, and that when the section 109(a) debtor requirement is met, the …

The Reconstruction Of Jus Cogens Alone Is Not Enough, Mary Ellen Turpel, Phillipe Sands

Connecticut Journal of International Law

No abstract provided.

Jus Cogens: An Artful Not A Scientific Reality, Mark W. Janis

Connecticut Journal of International Law

No abstract provided.

Transfer Of Proceedings And Transfer Of Prisoners: New Instruments Of Cooperation In Criminal Matters Among The Socialist Countries Of Eastern Europe, Michael Plachta

Connecticut Journal of International Law

The increasing mobility of people across state frontiers is signum temporis. One of the least desirable consequences of this phenomenon is the increasing frequency of criminal offenses committed by foreigners.' Scholars in the Member States of the Council of Europe have extensively studied criminality among foreigners. Most of these studies treat this problem from the criminological point of view, concentrating primarily on explaining the sources and extent of this criminality.

For ages the criminality of foreigners has caused problems for criminal justice systems. Two questions have been, and continue to be, of particular importance:

(a) where should foreigners who have …

Socialist Law In The Americas: The Foreign Trade Point Of View, Henry Dahl

Connecticut Journal of International Law

Countries in the three Americas-North, Central and South have traditionally been either civil or common law jurisdictions. The Cuban revolution first, and more recently the Nicaraguan revolution, introduced changes in these countries that call into question their original classification as civil law nations. This article aims to determine whether Cuba and Nicaragua are still part of the Latin American legal family, or whether they now belong to the family of nations that follow principles of socialist law. The following analysis is limited to the area of foreign trade.

As an incidental goal, this paper also strives to explore some links …

The Indian Supply Drop Into Sri Lanka: Nonmilitary Humanitarian Aid And The Troubling Idea Of Intervention, Paul J. Costa, Peter Evans

Connecticut Journal of International Law

On 4 June 1987, five Indian military jets escorted a number of cargo planes carrying food and medical supplies into Sri Lankan airspace. Despite this clear violation of Sri Lankan territorial integrity, the New Delhi government maintained that its actions were "humanitarian assistance" to the beleaguered Tamil civilians under attack by Sri Lankan troops in that country's northern Jaffna peninsula.

Once generally accepted as legal means to protect foreign citizens' from substantial abuses of human rights, humanitarian intervention has fallen into disfavor in the twentieth century.' Perhaps the main deterrent to use of this doctrine is article 2(4) of the …

The Nature Of Jus Cogens, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.

The Margin Of Appreciation Doctrine In The Dynamics Of European Human Rights Jurisprudence, Howard Charles Yourow

Connecticut Journal of International Law

Adherence to the European Human Rights Convention' has created a hierarchical system for the protection of basic human rights in Western Europe. Under its terms the European Commission and Court of Human Rights in Strasbourg, France, exercise authoritative supervision over the human rights-related activities of the legislative, executive, administrative and judicial authorities of the Convention's States Parties, the twenty-one Member States of the Council of Europe.

This article offers an analysis of the national margin of appreciation doctrine as a tool in the evolution of the scope of the supervisory power assigned to the Convention's international organs, and examines the …

Liverpool Economic And Statistical Society Lecture On Competition Policy, Gordon Borrie

Connecticut Journal of International Law

I was interested to read the notes sent to me by your Secretary on the history of the Society, a rather checkered one it would seem from its foundation in 1838 until 1935 when, at a meeting addressed by Professor G. C. Allen, the Society finally firmly established itself. In the years before and after the Second World War, Professor Allen served as president of this Society, an admirable choice for a Society whose object was, and still is, to bring serious students of economic and statistical problems in the City and the University into closer touch.

As it happens …