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Full-Text Articles in International 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.
Income Effectively Connected With A United States Trade Or Business Or Attributable To A Permanent Establishment, Frederick R. Chilton Jr.
Income Effectively Connected With A United States Trade Or Business Or Attributable To A Permanent Establishment, Frederick R. Chilton Jr.
UC Law SF International Law Review
No abstract provided.
United States Taxation Of U.S. Corporations Operating Overseas, Zoltan M. Mihaly
United States Taxation Of U.S. Corporations Operating Overseas, Zoltan M. Mihaly
UC Law SF International Law Review
No abstract provided.
Tax Aspects Of Currency Fluctuations, John P. Mcdonnell
Tax Aspects Of Currency Fluctuations, John P. Mcdonnell
UC Law SF International Law Review
No abstract provided.
Section 385 Regulations: New Perspectives On Debt Vs. Equity In International Transactions, Steven J. Cohen
Section 385 Regulations: New Perspectives On Debt Vs. Equity In International Transactions, Steven J. Cohen
UC Law SF International Law Review
No abstract provided.
An Overview Of Outbound Foreign Investment, John P. Mcdonnell
An Overview Of Outbound Foreign Investment, John P. Mcdonnell
UC Law SF International Law Review
No abstract provided.
Zenith Radio Corp. V. Matsushita Electrical Industrial Co.: Interpreting The Antidumping Act Of 1916, Phillips B. Keller
Zenith Radio Corp. V. Matsushita Electrical Industrial Co.: Interpreting The Antidumping Act Of 1916, Phillips B. Keller
UC Law SF International Law Review
The prevention of "dumping"-selling products on the United States market at artificially low prices-has become a key issue in the international marketplace. The Antidumping Act of 1916 is designed to protect domestic industries from this predatory price discrimination by foreign firms, but this remedial provision has been invoked rarely. This Note analyzes a recent district court case that dismissed most of the plaintiffs' arguments brought under the Act, due to "minor" technical differences between the domestic and foreign products. The author concludes that the court's decision is contrary to Congressional intent and advocates the adoption of a flexible standard for …
The Availability Of A Jury In Federal Courts: Suits Against Foreign Sovereign-Owned Instrumentalities, Martha M. Podolak
The Availability Of A Jury In Federal Courts: Suits Against Foreign Sovereign-Owned Instrumentalities, Martha M. Podolak
UC Law SF International Law Review
Three recent circuit court decisions concluded that there is no right to a jury trial for a foreign sovereign-owned corporate entity under the Foreign Sovereign Immunities Act. The issue seems unsettled, however, due to a strong dissent in one of these cases and four contrary district court opinions. This Note argues that the circuit court cases were wrongly decided, not because of a misreading of congressional intent, but rather because the Foreign Sovereign Immunities Act violates the Seventh Amendment right to jury trial in civil cases. Furthermore, the circuit courts failed to properly distinguished between a foreign sovereign and its …
An Overview Of Outbound Foreign Investment, John P. Mcdonnell
An Overview Of Outbound Foreign Investment, John P. Mcdonnell
UC Law SF International Law Review
No abstract provided.
The Importance Of Tax Treaties, David S. Foster
The Importance Of Tax Treaties, David S. Foster
UC Law SF International Law Review
No abstract provided.
The Foreign Tax Credit, James P. Fuller, Frederick R. Chilton Jr., Ronald B. Schrotenboer
The Foreign Tax Credit, James P. Fuller, Frederick R. Chilton Jr., Ronald B. Schrotenboer
UC Law SF International Law Review
No abstract provided.
Japanese Americans And Central European Jews: A Comparison Of Post-War Reparation Problems, Mary Reiko Osaka
Japanese Americans And Central European Jews: A Comparison Of Post-War Reparation Problems, Mary Reiko Osaka
UC Law SF International Law Review
In 1980, Congress established a commission to investigate whether a wrong was committed by the evacuation and internment of Japanese Americans during World War II. The investigation may provide the basis for making reparations to the Japanese Americans involved. The Note compares remedies made available by the Federal Republic of Germany for the extermination and displacement of Jews during World War II with past and possible future remedies for the Japanese Americans. The Note concludes that the precedent set by the Federal Republic of Germany of making reparation on the basis of a moral obligation should be followed by the …
Political Offenses In Extradition: Time For Judicial Abstention, James G. Clark
Political Offenses In Extradition: Time For Judicial Abstention, James G. Clark
UC Law SF International Law Review
Since the courts have been unable to develop a workable test to distinguish between political and non-political offenses, this Note argues for a clear division between the roles of the judiciary and the executive in extradition proceedings. This division-of-responsibility approach would have the judiciary determine probable cause and the sufficiency of evidence to sustain a charge against an accused while the determination of the political or non-political character of an offense would be left to the State Department. The Note argues that had this approach been adopted, recent extradition decisions could have reached harmonious results.
The Domestic Application Of International Human Rights Law: Evolving The Species, Jeffrey Hadley Louden
The Domestic Application Of International Human Rights Law: Evolving The Species, Jeffrey Hadley Louden
UC Law SF International Law Review
International human rights law may give rise to domestically enforceable rights. The Note traces the evolution of international human rights law, and examines the cases in which international human rights law has been applied as authority in United States courts. One obstacle to widespread domestic application of international law is a subjective approach to "self-executing treaty analysis" used by some courts. The Note urges a re-evaluation of the self-executing treaty analysis as applied to changing international human rights law, and suggests that treaties should be evaluated on the basis of the express treaty language, and not on the basis of …
On Reviewing The Right To Fair Procedure, Henry Maxwell Rigney
On Reviewing The Right To Fair Procedure, Henry Maxwell Rigney
UC Law SF International Law Review
This Article attempts to identify due process with natural justice and examines the rehabilitation of natural justice in United States administrative law. The Article opens with a discussion of the development of due process in the United States, followed by an examination of the Commonwealth natural justice law. Sources of natural justice in the United States are reviewed, and the author concludes that due process is only a specific application of the natural justice requirements for the right to a fair hearing.
Income Tax Consequences Of Expatriation, James Wm. Clement
Income Tax Consequences Of Expatriation, James Wm. Clement
UC Law SF International Law Review
One possible method of reducing United States income tax liability is to expatriate, or renounce United States citizenship, and be taxed as a nonresident alien. However, there is a degree of tax planning necessary to accomplish a reduction or elimination of income taxation of the expatriate. This Note discusses techniques that can be used to accomplish this favorable tax treatment.
The Reform Of The French Procedural Law On Arbitration: An Analytical Commentary On The Decree Of May 14, 1980, Thomas E. Carbonneau
The Reform Of The French Procedural Law On Arbitration: An Analytical Commentary On The Decree Of May 14, 1980, Thomas E. Carbonneau
UC Law SF International Law Review
On May 14, 1980, Articles 1005 and 1028 of the French Code of Civil Procedure were replaced with a decree instituting fifty new provisions regulating French arbitral practice. The decree responds to many of the criticisms of the former legislation, confers new status to arbitral awards and restructures the body of applicable law into a coherent and intelligent whole. This article begins with an outline of some of the policy considerations which led to the enactment of the decree and its substantive provisions. The article proceeds by analyzing the new provisions concerning French domestic arbitration, in the order in which …
The Role Of Statutory Regulation Of Public Service Ethics In Great Britain And The United States, Robert G. Vaughn
The Role Of Statutory Regulation Of Public Service Ethics In Great Britain And The United States, Robert G. Vaughn
UC Law SF International Law Review
Two areas of controversy, post-employment limitation of former public servants and whistleblower protection of public servants, provide insight into the differences between the American and British experience in controlling public service ethics. This article compares the American system of ethical controls in the public service through statutory regulation to that of the British system, which relies on limited informal sanctions. The author suggests that the British system of controls, which relies greatly on self-restraint of individual civil servants, provides an opportunity to examine the role of law in the establishment and preservation of public service ethics in the United States …
Archipelagos And Archipelagic States Under Unclos Iii: No Special Treatment For Hawaii, Nancy Barron
Archipelagos And Archipelagic States Under Unclos Iii: No Special Treatment For Hawaii, Nancy Barron
UC Law SF International Law Review
The "special status" provisions of the Law of the Sea Treaty are limited to "archipelagic states" and a broad interpretation of the provisions to include archipelagos may directly conflict with the interests of large maritime powers to maintain freedom of the High Seas. This Note uses Hawaii as a focal point and discusses the competing policy issues as well as analyzing pertinent provisions of the Treaty in reaching the conclusion that no special status will be accorded the State of Hawaii.
Comparative Study Of U.S. And West German Political Finance Regulation: The Question Of Contribution Controls, Thomas F. Gede
Comparative Study Of U.S. And West German Political Finance Regulation: The Question Of Contribution Controls, Thomas F. Gede
UC Law SF International Law Review
The role of money in politics is of almost universal concern in Western representative democracies. Each nation addresses different considerations and has devised various means with which to regulate the political financing process. Against this framework, the Note examines the regulations and controls in the United States and West Germany. While the United States has developed an extensive body of regulations designed to strictly control political contributions, West Germany has only certain disclosure requirements of contributions greater than a specified amount. The Note concludes with an analysis of both systems and their respective concerns.
Nepa, Nukes And Non-Proliferation: Clarifying The Transnational Impact Statement Mandate In Nuclear Export Licensing, Edward Joseph Krauland
Nepa, Nukes And Non-Proliferation: Clarifying The Transnational Impact Statement Mandate In Nuclear Export Licensing, Edward Joseph Krauland
UC Law SF International Law Review
To what extent does the National Environmental Policy Act (NEPA) govern transnational exchanges particularly in the area of commercial nuclear exports? In this article, the author details the theoretical and practical integration of various statutory mandates in a search for a coherent United States policy regarding nuclear exports and environmental protection. NEPA and the Nuclear Non-Proliferation Act of 1978 are of special interest in understanding to what extent United States licensing criteria should include examination of foreign environmental impacts.
The Export Trade Association Act Of 1981--A Brief Analysis, Daniel T. Murphy
The Export Trade Association Act Of 1981--A Brief Analysis, Daniel T. Murphy
UC Law SF International Law Review
Senate Bill 144 is designed to "encourage exports by facilitating the formation and operation of export trading companies, export trade associations, and the expansion of export trade services generally." The author briefly discusses the current state of the law and the need for an amendment of the Webb-Pomerene Act. The provisions of S. 144 are compared with the Webb Pomerene Act and the article concludes with a discussion of the potential ramifications of the proposed legislation.
Copyright Protection For Firmware: An International View, Amy Pierson Bates
Copyright Protection For Firmware: An International View, Amy Pierson Bates
UC Law SF International Law Review
The author discusses methods of protecting computer firmware from competitors. The Note focuses on patent, copyright, trade secret, and other forms of protection in Japan, West Germany, and the United States. In particular the author discusses the terms of several present and proposed international agreements to provide protection for computer firmware.
Supra-National Judicial Decisions And National Courts, Hermann Mosler
Supra-National Judicial Decisions And National Courts, Hermann Mosler
UC Law SF International Law Review
International judicial decisions have been gaining increasing importance, and there is a trend in favor of the application of international law in the national sphere of jurisdiction. Justice Mosler of the International Court of Justice discusses at length the various supra-national courts of universal, regional, and specialized jurisdiction. The Article continues with an analysis of the relationship between national and supra-national courts, forms of supra-national judgments, and the effect of these judgments on the national judiciary of the states party to the action and on non-party states. Finally, the relevance of multilateral treaty systems to the enforcement of international judgments …
The Significance Of Comparative Law For Criminal Law Reform, Hans-Heinrich Jescheck
The Significance Of Comparative Law For Criminal Law Reform, Hans-Heinrich Jescheck
UC Law SF International Law Review
The trend of criminal law reform must be examined against the changing attitudes towards crime. This perspective views crime as a display of social conflict which can be resolved through criminal law sanctions. The Article discusses how comparative law is a backdrop for the reform movement on the international, regional, and individual institutional levels. The significance of comparative law is illustrated throughout by specific examples of reform on each level.
Appellate Subject Matter Organization: The German Design From An American Perspective, Daniel J. Meador
Appellate Subject Matter Organization: The German Design From An American Perspective, Daniel J. Meador
UC Law SF International Law Review
Growth in the appellate caseload in the United States has caused a substantial increase in the number of judges and decisional units within a given appellate system. The author notes that a new judicial structure and procedure may be necessary to accommodate this growth. One possible solution is subject matter organization of the courts, a system used in the Federal Republic of Germany. The Article outlines the West, German judicial system, and explains in detail the administration of subject matter organization on the appellate level. The author concludes with a discussion on the possibility of using the German model as …
A Comparative Study Of Victim Compensation Procedures In France And The United States: A Modest Proposal, Patrick Campbell
A Comparative Study Of Victim Compensation Procedures In France And The United States: A Modest Proposal, Patrick Campbell
UC Law SF International Law Review
This article examines victim compensation laws and compares the civil law approach, as exemplified by the French action civile, to the common law approach, as exemplified by the California statutory scheme. The author proposes a hybrid system as the best method of solving problems sought to be addressed by victim compensation laws.
Energy Contract Planning: Allocating The Risks And Consequences Of Commercial Impracticability, Norman R. Prance
Energy Contract Planning: Allocating The Risks And Consequences Of Commercial Impracticability, Norman R. Prance
UC Law SF International Law Review
Increasing energy shortages and resulting disruptions in energy supplies demand that supply contracts provide for contingencies that may render performance commercially impracticable. Proceeding upon the assumption that energy contracts are within Article 2 of the Uniform Commercial Code, the author examines Section 2-615, which deals with commercial impracticability. Concluding that Section 2-615 alone may inadequately express the intentions of the parties to the contract and that Section 2-615 may be amended or supplanted by contractual clauses, the author proposes contractual provisions that improve upon the treatment of commercial impracticability in Section 2-615.
Energy And The North American Community: Canada, Mexico, And The United States, Mark S. Adams, Barry Steiner
Energy And The North American Community: Canada, Mexico, And The United States, Mark S. Adams, Barry Steiner
UC Law SF International Law Review
This paper presents a discussion of the need for and the possible forms of the North American Community. It begins with a discussion of the value of such an organization in terms of the existing relationship among the North American countries. The second section discusses the goals of the Community. The paper concludes with an analysis of two possible forms for the organization and rejects a common market for economic, political, and legal reasons. Instead, the paper offers the idea of cooperative organization, one which stresses equality and unanimity, as the most appropriate form for the North American Community.
Legal Analysis Of The Sino-Soviet Frontier Disputes, Luke T. Chang
Legal Analysis Of The Sino-Soviet Frontier Disputes, Luke T. Chang
UC Law SF International Law Review
In the 1960's the Western World became aware of the border disputes between Russia and China, the origins of which trace back to four 19th Century treaties dealing with the Sino-Soviet border. The author explores the legal positions adopted by China and Russia regarding the "inequality" of these treaties, from the turbulent 1960's to the present, and analyzes the future prospects for Sino-Soviet reconciliation.