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Full-Text Articles in International Law
Detecting Collusion In Oligopolistic Industries: A Comparison And Proposal, Joseph F. Zellmer
Detecting Collusion In Oligopolistic Industries: A Comparison And Proposal, Joseph F. Zellmer
UC Law SF International Law Review
Oligopoly industry structure, where a small number of firms dominate a large percentage of the market, is prominent in American business. Antitrust scholars debate about how an oligopoly firm sets its prices and whether the prices are competitive. Some scholars believe that United States law allows oligopolists to avoid detecting and punishment for collusive pricing activities. This Note compares two approaches to proving collusion in oligopolistic industries. One approach is proposed by Richard A. Posner and the other is presently utilized by the European Court of Justice for the European Economic Community. The author urges that United States courts adopt …
Dispute Resolution In Space, Scott F. March
Dispute Resolution In Space, Scott F. March
UC Law SF International Law Review
As the United States makes strides toward maintaining a permanent presence in space, there is a need for a legal framework to adjudicate disputes arising among men and women working there. Present law does not adequately take into account the unique conditions encountered in space such as isolation, confinement and dangerous environments. This Note proposes that the United States codify substantive and procedural law to facilitate resolution of disputes in space. The code must allow for timely dispute resolution and avoid serious disruption of the mission. The proposal suggests that national, not international, law should form the basis for the …
Recent Developments In West German Civil Procedure, William B. Fisch
Recent Developments In West German Civil Procedure, William B. Fisch
UC Law SF International Law Review
For the past twenty years, the West German system of civil procedure has undergone extensive re-examination and reform. These developments have centered on concerns regarding accessibility, technicality, cost, and delay. Nearly every phase of civil litigation was subjected to critical review and amendment. These changes have not, however, been as extensive as the most ambitious reformers would have liked, and will probably be weakened by practice and interpretation. Because much of the impetus for these changes was based on a common problem, ever-increasing litigation, it is useful for United States observers to review the West German approach and success in …
Perspectives On The Law Of Contorts: A Discussion Of The Dominant Trends In West German Tort Law, Gert Bruggemeier
Perspectives On The Law Of Contorts: A Discussion Of The Dominant Trends In West German Tort Law, Gert Bruggemeier
UC Law SF International Law Review
Contract and tort law have usually been doctrinally separated. The dominant phenomenon of social regulation, however, today overshadows the autonomous assumption of obligations through contract and the imposition of obligations through general tort rules. The author examines the development of West German tort law and shows that tort law has increasingly become a means of social regulation through judge-made rules of conduct. Special judge-made tort law regulates the social behavior of previously autonomous market citizens. The author argues that this trend toward social regulation through special tort law has rendered nineteenth century legal ideas about the relationship between contract and …
Decommissioning Nuclear Power Plants: The United States, West Germany, And Canada, Thomas Giller
Decommissioning Nuclear Power Plants: The United States, West Germany, And Canada, Thomas Giller
UC Law SF International Law Review
Despite recent considerations weighing against future 'development of nuclear power there are problems created by the substantial number of existing nuclear power plants. Whereas the building and operation of nuclear facilities are covered by detailed legislation, very little attention has been given to nuclear reactor decommissioning. Decommissioning involves the permanent shutdown of a nuclear facility and it is a significant concern as nuclear power plants grow older and more obsolete. This Note discusses what decommissioning is and why it is important and examines the decommissioning policies of three nations with active nuclear power industries: the United States, West Germany, and …
Extraterritorial Application Of United States Securities Law: A Matrix Analysis, Marc H. Morgenstern
Extraterritorial Application Of United States Securities Law: A Matrix Analysis, Marc H. Morgenstern
UC Law SF International Law Review
The antifraud provisions of the Securities Act of 1933 and Securities Exchange Act of 1934 may apply to securities sold exclusively to nonresident aliens. The extraterritorial application of these provisions is allowed only when United States Courts have subject matter jurisdiction over the transaction under principles of international law. Case law examines the relationship among four variables to determine whether United States Courts will assert or deny jurisdiction. This Article proposes a matrix model that uses these four variables to assist in the determination of jurisdiction. The matrix model is a tool which clarifies the variables involved in the jurisdictional …
Conflict Of Laws, Product Liability And The Substantive Law Of New Zealand In Bennett V. Enstrom Helicopter Corp., Patricia Barlow
Conflict Of Laws, Product Liability And The Substantive Law Of New Zealand In Bennett V. Enstrom Helicopter Corp., Patricia Barlow
UC Law SF International Law Review
The Accident Compensation Act (ACA) of New Zealand provides a uniform system of rehabilitation and compensation for personal injury or death resulting from accidents in New Zealand. This Article examines how the private international law provisions of the Act apply in aviation product liability. The Sixth Circuit case of Bennett v. Enstrom Helicopter Corp. is extensively analyzed. The author argues that the trial and appellate courts in Bennett, in holding the ACA has the exclusive remedy, misinterpreted substantive New Zealand law on recovery for injury or death. She mentions that the ACA left areas of "residual liability" and that Bennett …
West German Television Law: An Argument For Media As Instrument Of Self-Government, Christopher Witteman
West German Television Law: An Argument For Media As Instrument Of Self-Government, Christopher Witteman
UC Law SF International Law Review
With the development of cable television, direct broadcast satellite and other new broadcast technologies, television systems throughout the world have been thrown into a period of rapid transition. Against this quickly evolving background the West German Constitutional Court has held for the last 33 years to a vision of television as a catalyst of community and servant of the democratic process. This Note is the first American examination of the legal basis for what has been a public broadcasting monopoly in West Germany. The Note offers a close analysis of the three seminal television decisions of the Constitutional Court, as …
Licensing The Exportation Of Nuclear Materials: Responsibility To The Global Environment, Elizabeth Ann Lawrence
Licensing The Exportation Of Nuclear Materials: Responsibility To The Global Environment, Elizabeth Ann Lawrence
UC Law SF International Law Review
The policy of the United States to supply nuclear power plants and materials to selected foreign nations raises questions concerning environmental concerns, nuclear weaponry problems, and foreign relations considerations. This Note examines the statutory scheme by which Congress has sought to balance these factors and the role of the judiciary in implementing this plan. Specifically, a recent case involving the Nuclear Regulatory Commission's grant of a license for exporting nuclear plant materials to the Philippines is reviewed. The author concludes that this litigation failed to provide adequate guidance for the Commission and for courts in future cases. The author offers …
Since The Breakup: Developments And Divergences In Ancom's And Chile's Foreign Investment Codes, Michael G. Thornton
Since The Breakup: Developments And Divergences In Ancom's And Chile's Foreign Investment Codes, Michael G. Thornton
UC Law SF International Law Review
Chile withdrew from the Andean Common Market (ANCOM) in 1976 and ceased to follow ANCOM's foreign investment code Decision 24. Since that time ANCOM and Chile have effected changes in their foreign investment codes. ANCOM introduced flexibility into Decision 24 which brought the Decision more in line with prevailing economic conditions without altering its basic theoretical outlook. Chile, on the other hand, passed an amendment to its already liberal national foreign investment statute. The amendment further opened the door to unrestricted foreign investment in Chile and has, in the author's view, contributed to a loss of national control over the …
Occupational Safety And Health Law In Sweden And The United States: Are There Lessons To Be Learned By Both Countries, Barbara Jo Fleischauer
Occupational Safety And Health Law In Sweden And The United States: Are There Lessons To Be Learned By Both Countries, Barbara Jo Fleischauer
UC Law SF International Law Review
The United States and Sweden are both highly industrialized nations whose workers are exposed to similar risks and substances. Thus, the legal problems surrounding worker protection from occupational hazards are similar. Traditions and cultural differences, however, have influenced the direction each country has taken in this area. In light of these differences, the author reviews some recent changes in Swedish occupational safety and health law and examines the important differences between the Swedish and United States approaches. She concludes that although neither country would benefit from the wholesale adoption of the other's program, each could effectively borrow ideas that proved …
Foreign Investment In Cable Television: The United States And Canada, Colin J. Coffey
Foreign Investment In Cable Television: The United States And Canada, Colin J. Coffey
UC Law SF International Law Review
Canadian ownership and control of United States cablevision systems has steadily increased over the past seven years. This has given rise to heated debate concerning the issue of such alien control. The argument to impose citizenship requirements upon cable ownership centers on present citizenship requirements on common carriers and broadcast licensees, and on the issue of trade reciprocity. Rejecting the reciprocity argument as artificial, the author believes that Congress should impose citizenship requirements on cable television ownership, and that these requirements should be based on the policies and rationale of the Communications Act of 1934, which details the true reasons …
Opportunities In Puerto Rico: Tax Planning Under New Section 936, Steven J. Cohen
Opportunities In Puerto Rico: Tax Planning Under New Section 936, Steven J. Cohen
UC Law SF International Law Review
No abstract provided.
The Extraterritorial Effect Of Federal Criminal Statutes: Offenses Directed At Members Of Congress, Mark Petersen
The Extraterritorial Effect Of Federal Criminal Statutes: Offenses Directed At Members Of Congress, Mark Petersen
UC Law SF International Law Review
In a world of increased tension and open hostility toward the United States and its policies, an attack or assault on a member of Congress traveling abroad is not inconceivable. Section 351 of the United States Criminal Code prescribes penalties for offenses directed at members of Congress including assault, killing, kidnapping, and attempted conspiracies. Section 351, however, is silent as to a court's reach in asserting subject matter jurisdiction. This Note addresses the issue of whether the United States federal courts could obtain jurisdiction over a foreign group or individual who attacked or killed a Congressperson in a foreign country. …
People's Republic Of China's Foreign Enterprises Income Tax Law And Regulations, Anna M. Han
People's Republic Of China's Foreign Enterprises Income Tax Law And Regulations, Anna M. Han
UC Law SF International Law Review
As part of the People's Republic of China's continued effort to strengthen and define its legal system, the Fifth National People's Congress promulgated the Income Tax Law Concerning Foreign Enterprises. This enactment reflected the Chinese Government's recognition that clear tax rules were needed which would assist tax planning by foreign investors. The Law and its accompanying Regulations were designed to fill major gaps in China's taxation system by reaching previously ignored major sources of income. This Article provides a general introduction to the various provisions of the Foreign Enterprise Tax Law and Regulations which remain unclear due to the newness …
United States Antidumping Laws And Chinese Exports To The United States, Clyde Stoltenberg
United States Antidumping Laws And Chinese Exports To The United States, Clyde Stoltenberg
UC Law SF International Law Review
Less than five months after the United States and China signed an agreement to promote and expand trade an antidumping petition was filed against China. This was one of the first times China had been a party to litigation in the United States since Normalization of relations in 1979. In the future the antidumping issue may be one of the most significant barriers to the development of United States-China trade relations. This article examines the general framework of United States antidumping laws, the key issues which have emerged in proceedings and the antidumping cases decided or pending. It also examines …
The Constitutional Court Reviews The Early Dissolution Of The West German Parliament, Mary Lovik
The Constitutional Court Reviews The Early Dissolution Of The West German Parliament, Mary Lovik
UC Law SF International Law Review
The December 1982 dissolution of the Bundestag, in order to make way for new elections, was only the second time in the thirty-five year history of the Federal Republic that such an event occurred. The 1949 Bonn Constitution provides severely restrictive provisions regarding early dissolution. The Federal Constitutional Court, however, upheld the dissolution proceedings. This Article investigates the legal issues raised by the early dissolution, and the Constitutional Court's decision as to its constitutionality. It also discusses several proposals which have been made which would amend the Bonn Constitution to permit easier dissolution. The dissolution marked an important milestone in …
On The Territoriality Principle In Public International Law, Gerhard Kegel, Ignaz Seidl-Hohenveldern
On The Territoriality Principle In Public International Law, Gerhard Kegel, Ignaz Seidl-Hohenveldern
UC Law SF International Law Review
In public international law, the territoriality principle generally means that types of state action directly benefiting the acting state are effective only within the territory of that state. The Article focuses on the concept of this principle and its applicability in the world order with emphasis on the international law of expropriation. The case law in several major countries is summarized to support the argument that territoriality is the test of recognition of certain state acts, particularly expropriation.
Anatomy Of A Dispute Clause: Intergovernmental Arbitration Under The Spacelab Agreement, Mary M. Lovik
Anatomy Of A Dispute Clause: Intergovernmental Arbitration Under The Spacelab Agreement, Mary M. Lovik
UC Law SF International Law Review
Using the dispute resolution clauses in the Agreement for a Cooperative Programme Concerning the Development of a Space Laboratory between the United States and the member governments of the European Space Agency, this Note examines the basic issues presented under international law when a dispute between states is submitted to arbitration. These issues include the jurisdiction of the tribunal, the applicable law, the constitution of the tribunal, and the subject matter of the dispute. The discussion also considers the requirements for submitting an intergovernmental dispute to arbitration under United States domestic law, focusing primarily on the use of executive agreements …
The Family Affinities Of Common-Law And Civil-Law Legal Systems, Craig M. Lawson
The Family Affinities Of Common-Law And Civil-Law Legal Systems, Craig M. Lawson
UC Law SF International Law Review
Common law and civil law are generally regarded as being within the small number of major legal systems in the world today. Recent scholarship has indicated, however, a substantial merger of these two systems. The author shows that although still distinct, common law and civil law are converging members of a single larger legal system, which he terms the Western liberal democratic legal family. Although the similarities between these two branches are numerous, the larger Western liberal legal systems are now dominated by public law.
In Anticipation Of Subterrestrial Delimitation, D. S. Avery
In Anticipation Of Subterrestrial Delimitation, D. S. Avery
UC Law SF International Law Review
The interior of the earth has scarcely been touched upon in jurisprudence. Although the principle of dominion under land by the owner of surface property has been in existence since the time of Roman law, the need to address the question of who owns inner-earth is long overdue. This Article attempts to answer that question by examining modem delimitation theories that have been applied to the oceans and the atmosphere within the context of the physical interior of the earth. The author suggests the use of the Mohorovicic discontinuity for inner-earth delimitation and invites further inquiry from scholars, scientists, and …
Embedding Policy Statements In Statutes: A Comparative Perspective On The Genesis Of A New Public Law Jurisprudence, R. Grant Hammond
Embedding Policy Statements In Statutes: A Comparative Perspective On The Genesis Of A New Public Law Jurisprudence, R. Grant Hammond
UC Law SF International Law Review
Despite the recent development of embedding policy statements or declarations into statutes, there has been a lack of general commentary on this technique of formulating legislation. This Article draws attention to this development and analyzes its potential significance. By examining some examples in the United States, Canada, and New Zealand, the author attempts to demonstrate how the technique may be a functional vehicle for a large-scale declaration of legislative and public policy objectives.
The Close Corporation's Counterparts In France, Germany, And The United Kingdom: A Comparative Study, Mark R. Von Sternberg
The Close Corporation's Counterparts In France, Germany, And The United Kingdom: A Comparative Study, Mark R. Von Sternberg
UC Law SF International Law Review
The GmbH in Germany, the SARL in France, and the British "private company" may be considered counterparts to the close corporation in the United States. The theories of organization of these foreign concerns are a combination of contractual norms, partnership principles, and some corporation law principles. This Article analyzes the three types of corporate organization in terms of development, structure, and management. The Article concludes with a brief comparison of the three concerns and their "public" company counterparts.
Liability For Transnational Pollution Caused By Offshore Oil Rig Blowouts, William N. Hancock, Robert M. Stone
Liability For Transnational Pollution Caused By Offshore Oil Rig Blowouts, William N. Hancock, Robert M. Stone
UC Law SF International Law Review
With man's quest for fossil fuels reaching into the depths of the ocean, the possibility of accidents occurring with transnational results increases. The 1979-1980 Bay of Campeche oil spill provides a graphic example of the pollution that can occur in trying to extract fossil fuels from the sea. The authors examine the basis for liability of a polluting state in international law and some of the difficulties in enforcement.
Accession To The European Economic Community: The Harmonization Of Spanish Corporation Law, Richard Maggio
Accession To The European Economic Community: The Harmonization Of Spanish Corporation Law, Richard Maggio
UC Law SF International Law Review
Spain's full membership in the European Economic Community is under negotiation. As accession to the EEC becomes more likely, the harmonization of internal Spanish laws with the laws of the community becomes of increased concern. This Note focuses on the process of harmonization in the area of corporation law. In particular the author examines the first four EEC company law directives and compares the analogous Spanish provisions to them in determining the issues that will arise under Spanish law.
An Overview Of Inbound Foreign Investment, Michael W. Berwind
An Overview Of Inbound Foreign Investment, Michael W. Berwind
UC Law SF International Law Review
No abstract provided.
Foreign Investment In Real Property Tax Act Of 1980, Richard Eigenbrode
Foreign Investment In Real Property Tax Act Of 1980, Richard Eigenbrode
UC Law SF International Law Review
No abstract provided.
Comparative View Of The Law Of Trademarked Generic Words, A, Ralph H. Folsom, Larry L. Teply
Comparative View Of The Law Of Trademarked Generic Words, A, Ralph H. Folsom, Larry L. Teply
UC Law SF International Law Review
Legal systems that enforce exclusive rights to words claimed as trademarks face two common problems: the trademark may degenerate into a generic word for the product, and a manufacturer may try to restrict a generic product name from the public domain by various means. Difficult questions must be confronted when the trademark claimant seeks to enforce the generic word. The authors compare the approaches that have been taken by the United States and four Commonwealth countries, all of which have evolved very different common-law and statutory solutions. The Article concludes that although there are shortcomings in American law, they are …
Orderly Marketing Agreements: Analysis Of United States Automobile Industry Efforts To Obtain Import Relief, Liberty Mahshigian
Orderly Marketing Agreements: Analysis Of United States Automobile Industry Efforts To Obtain Import Relief, Liberty Mahshigian
UC Law SF International Law Review
The fundamental trade policy of the United States is set forth in the Trade Act of 1974, which includes procedures for implementing import relief. Petitions for such relief are submitted to the International Trade Commission, and a recommendation is made to the President upon an affirmative finding. A negative determination by the International Trade Commission, however, presents some problems with which the Trade Act is not equipped to deal. This Note analyzes these problems in the context of the situation surrounding the importation of Japanese automobiles in 1980, in which the Commission determined that import relief was not warranted. The …
Tax Aspects Of Foreign Investment--Introduction, Kevin K. Takeuchi
Tax Aspects Of Foreign Investment--Introduction, Kevin K. Takeuchi
UC Law SF International Law Review
No abstract provided.