International Law Commons^™

International Human Rights Law And Sexual Orientation, James D. Wilets

UC Law SF International Law Review

Recently, the U.N. Human Rights Committee unanimously ruled that Tasmania had violated the International Covenant on Civil and Political Rights by criminalizing same-gender sexual activity. The Committee based its ruling on both privacy and equal protection grounds.

This Article explores the interplay between international law and domestic laws of the world's nations regarding the fundamental human rights of sexual minorities. This Article analyzes this emerging legal and political dialectic by examining the domestic laws and constitutions of specific countries and the role of international and regional human rights systems in protecting the human rights of sexual minorities.

Regulation Of Intercountry Adoption: Can The Abuses Come To An End, Jorge L. Carro

UC Law SF International Law Review

Because the demand for adoptable children outweighs the supply, adopting parents are increasingly exploring intercountry adoption as an alternative. Unfortunately, numerous abuses have been reported in the process. Out of frustration, as well as national pride, the sending nations have started to react against those abuses, which at times have been real, but sometimes have been just fabricated, like the rumor that foreigners buy babies to use their vital organs for transplant. Locally, restrictive legislation has been enacted, and at the regional and international level, treaties and international conventions have been adopted. This Article examines these efforts with a critical …

Claims Of Indigenous Peoples To Cultural Property In Canada, Australia, And New Zealand, Theresa Simpson

UC Law SF International Law Review

Numerous national laws, international treaties, and commentators recognize the cultural import of cultural property both to the world as a whole and to source nations. Those laws control trade, provide for special protection in time of war, and even restrict the alienability of certain types of property. Despite this recognition of the non-economic value of some property, existing laws may not provide actual source cultures a means to protect their interest in their own cultural heritage. This Note examines national[ and international laws affecting cultural property of indigenous groups in Australia, Canada, and New Zealand, and argues for more effective …

Hong Kong's Basic Law: The Path To 1997, Paved With Pitfalls, Anna M. Han

UC Law SF International Law Review

In 1997, one hundred years of British colonial rule will end, and Hong Kong will revert back to the People's Republic of China. At that time, the political, legislative, religious, educational, economic, legal, and social aspects of life in Hong Kong will be governed by the "Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China." This Article discusses the historical background of Hong Kong and explores some of the troubling issues raised by the adoption of the Basic Law. The Article particularly focuses on the question of whether the main purpose of the Basic …

The Federal Role In Supporting The Arts: Decline In Great Britain, Canada, And The United States, Stephanie M. Cooper

UC Law SF International Law Review

The United States is not alone in its dilemmas with arts funding. Great Britain and Canada also struggle to achieve balanced governmental roles in arts subsidy which allow for artistic freedom without conceding accountability. The three countries take similar approaches to arts funding through an arm's length mechanism that is designed to alleviate undue political influence on the arts. This Note examines both the common and distinct crises in arts funding in Great Britain, Canada, and the United States by exploring the characteristics and flaws of the arm's length principle. The Note then explores each government's efforts to maintain some …

Toture And Inhumane Punishment Of United States Citizens In Saudi Arabia And The United States Government's Failure To Act, Jacqueline M. Young

UC Law SF International Law Review

No abstract provided.

The Constitutional Federal Question In The Lower Federal Courts Of The United States And Canada, John T. Cross

UC Law SF International Law Review

In the midst of Canada's struggle to redefine federal and provincial sovereignty, the province of British Columbia has proposed a merger of the Federal Court of Canada into the provincial courts. Such a merger would be tantamount to the abolition of the Federal Court. This Article compares the Canadian and U.S. experience with the lower federal courts in an attempt to place into perspective the seemingly radical proposal of eliminating the Federal Court of Canada. The author argues that the Federal Court of Canada does not play an indispensable role in the administration of Canadian federalism. Moreover, the abolition of …

Nihon-Hastings Conference: Foreword, Frank T. Read

UC Law SF International Law Review

No abstract provided.

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 …

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 …

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.

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.

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 …

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.

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 …

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 …

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 …

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

UC Law SF International Law Review

No abstract provided.

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

UC Law SF International Law Review

No abstract provided.

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.

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

UC Law SF International Law Review

No abstract provided.

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

UC Law SF International Law Review

No abstract provided.

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 …

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 …

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 …

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 …

The Coming Of Europe, Stefan A. Risenfeld

UC Law SF International Law Review

No abstract provided.

Environmental Rights In The European Community, Dinah L. Shelton

UC Law SF International Law Review

No abstract provided.

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.

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.