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Full-Text Articles in International Law
Terrorist Acts--Criminal Or Political Infractions--An Appraisal Of Recent French Extradition Cases, Thomas E. Carbonneau
Terrorist Acts--Criminal Or Political Infractions--An Appraisal Of Recent French Extradition Cases, Thomas E. Carbonneau
UC Law SF International Law Review
Extradition of transnational terrorists is a legal method of dealing with the dilemma of terrorism. A typical extradition treaty contains, however, a "political offense" exception under which the request for the extradition of an individual will be denied when the crime with which he is charged constitutes a "political offense." The judicial offense recognizes that terrorist crimes are outside the purview of the political offense exception. This article examines the development of French jurisprudence on the extradition of transnational terrorists, focusing upon whether terrorist acts can be considered as political offenses and thus exempt from extradition.
Religion And Religious Law In The Quest For Marital Harmony: Developments In The Jurisprudence Of Contemporary Canon Law, William W. Bassett
Religion And Religious Law In The Quest For Marital Harmony: Developments In The Jurisprudence Of Contemporary Canon Law, William W. Bassett
UC Law SF International Law Review
Canon law of the* Roman Catholic Church has undergone a transformation in the 20th Century. One area of great change is the church's conception of marriage. The author reviews the basis for the church's new views and the effect of these views on Catholic marriages and divorces.
Liability For High Seas Oil Pollution Cleanup Costs: Domestic And International Provisions, Gerald Clausen
Liability For High Seas Oil Pollution Cleanup Costs: Domestic And International Provisions, Gerald Clausen
UC Law SF International Law Review
Recent years have witnessed an increase in both domestic and international concern over vessel source oil pollution of the world's oceans. This note explores the similarities and differences between a multilateral treaty. rejected by the United States and a statute passed by Congress in the treaty's stead which impose liability on oil tanker owners for the cost of cleaning up oil spilled on the high seas.
Liability Of Natural Gas Transmission Line Operators: United States And Canadian Theories Of Liability For Gas Transmission Line Accidents, William D. Whiteman
Liability Of Natural Gas Transmission Line Operators: United States And Canadian Theories Of Liability For Gas Transmission Line Accidents, William D. Whiteman
UC Law SF International Law Review
This note discusses and compares the liability of natural gas transmission line operators in the United States and Canada. Due to the scarcity of pertinent statutes, the emphasis is on the common law. The author concludes that despite different approaches, an operator in either country will in most situations be liable only for his negligent acts.
Civil Judgment Recognition And The Integration Of Multi-State Associations: A Comparative Study, Robert C. Casad
Civil Judgment Recognition And The Integration Of Multi-State Associations: A Comparative Study, Robert C. Casad
UC Law SF International Law Review
Mutual recognition and enforcement of civil judgments plays an essential role in the integration of multi-state associations. The author compares the effectiveness of three such systems: The European Economic Community, the United States, and Central America under the Bustamante Code.
Judicial Review In Japan, Herbert F. Bolz
Judicial Review In Japan, Herbert F. Bolz
UC Law SF International Law Review
Since World War H, intense controversy has surrounded the question of the degree to which Article 9, the "peace clause" of the Japanese Constitution, forbids the maintenance of military power by Japan. Many commentators have criticized the Japanese Supreme Court for its "remarkable" reluctance to exercise its power of judicial review, especially regarding Article 9. The author focuses on social, historical, and political factors that have impeded the development in Japan of powerful American-style judicial review, and on postwar influences that have nonetheless gradually increased the use of judicial review. The author contends that the Japanese Supreme Court's restrained use …
Marital Property Law In England And California: A Comparative Study And Critique, Angela M. Bradstreet
Marital Property Law In England And California: A Comparative Study And Critique, Angela M. Bradstreet
UC Law SF International Law Review
In 1975, California recognized the equal status of men and women with its equal management and control provisions. By comparison, English law is premised upon a separation of property system, which operates irrespective of marital status. This article compares and contrasts the various rights of spouses to marital property in England and California. Beginning with a brief historical overview, the author proceeds to examine the respective property rights of the spouses from the inception of the marital relationship to its termination. The author concludes by highlighting some of the present strengths and weaknesses of the English and California Systems.
Comparative Law As Basic Research, Jerome Hall
Comparative Law As Basic Research, Jerome Hall
UC Law SF International Law Review
This article begins with a critique of the present methods of comparative criminal study. Specifically, the author contends that comparative study often focuses on rules of law, as opposed to their functions. The author suggests that there should be a scientific approach to comparative criminal studies, e.g., the use of his theory of the interrelations of "rules," "doctrines," and "principles"; this satisfies the scientific requirement of "system." The author concludes that the subject matter of comparative criminal study should be "law-as-action," i.e., action expressing the coalescence of rules of law, values and manifested behavior.
Approaches To Enforcement Of Environmental Law: An International Perspective, David S. Zalob
Approaches To Enforcement Of Environmental Law: An International Perspective, David S. Zalob
UC Law SF International Law Review
Public awareness concerning environmental matters has led to increased governmental interest and involvement. This article examines the forms and mechanisms of enforcement used by the various authorities in the United States and several Western European jurisdictions. The author concludes that stricter, more even enforcement is necessary if such laws are to be successful in improving the environment.
The Chips Are Down: Legal Implications Of Alleged Japanese Unfair Practices In The United States Semiconductor Industry, Nancy L. Siegel, Noah Sherman
The Chips Are Down: Legal Implications Of Alleged Japanese Unfair Practices In The United States Semiconductor Industry, Nancy L. Siegel, Noah Sherman
UC Law SF International Law Review
The authors discuss alleged Japanese trade secret violations in the semiconductor industry and various protective mechanisms available to United States industry on domestic and international levels. They propose a possible remedy, for the violations alleged, within a general framework of protections against unfair trade practices.
Index Of Selected Bilateral Treaties: United States And Japan, Jacqueline Jauregui
Index Of Selected Bilateral Treaties: United States And Japan, Jacqueline Jauregui
UC Law SF International Law Review
This note contains, for the practitioner's use, an index of most bilateral treaties between the United States and Japan. This index is intended to aid attorneys in the complex area of treaty law between the United States and Japan.
Computer Technology Trade Secrets: Protection In An International Setting, Victor Rowley
Computer Technology Trade Secrets: Protection In An International Setting, Victor Rowley
UC Law SF International Law Review
If a Japanese computer manufacturer induces a California competitor's former employee to disclose trade secrets in violation of a postemployment agreement, then a California corporation has substantive and jurisdictional grounds on which to build a case not only against the ex-employee but also against the Japanese manufacturer. Particularly involved on the issue of jurisdiction over the alien defendant is a 1977 New Hampshire District Court case that parallels this situation, Centronics Data Computer Corporation v. Mannesmann.
The Effect In Choice Of Law Cases Of The Acquisition Of A New Domicile After The Commission Of A Tort Or The Making Of A Contract, Moffatt Hancock
The Effect In Choice Of Law Cases Of The Acquisition Of A New Domicile After The Commission Of A Tort Or The Making Of A Contract, Moffatt Hancock
UC Law SF International Law Review
A.post-transaction change of domicile by one of the parties to a law suit raises important questions which the court must answer in determining what law to apply to the transaction. The author examines and analyzes policy considerations in two types of cases: those in which the application of the law of the new domicile would favor the changing party and those in which it would work to his or her disadvantage.
The French Exequatur Proceeding: The Exorbitant Jurisdictional Rules Of Articles 14 And 15 (Code Civil) As Obstacles To The Enforcement Of Foreign Judgments In France, Thomas E. Carbonneau
The French Exequatur Proceeding: The Exorbitant Jurisdictional Rules Of Articles 14 And 15 (Code Civil) As Obstacles To The Enforcement Of Foreign Judgments In France, Thomas E. Carbonneau
UC Law SF International Law Review
In this article, the author examines the jurisdictional problems encountered by a party attempting to enforce a foreign judgment in France against a French national or domiciliary. The author's application of the French law to a hypothetical case demonstrates that as a general rule, foreign judgments rendered against French nationals or domiciliaries by non-Common Market jurisdictions will not be enforceable in France.
Questionable Payments By Foreign Subsidiaries: The Extraterritorial Jurisdictional Effect Of The Foreign Corrupt Practices Act Of 1977, Hubert Lenczowski
Questionable Payments By Foreign Subsidiaries: The Extraterritorial Jurisdictional Effect Of The Foreign Corrupt Practices Act Of 1977, Hubert Lenczowski
UC Law SF International Law Review
In an attempt to halt bribery of foreign officials by American businesses, the Foreign Corrupt Practices Act of 1977 imposes liability on United States corporations, but not on their foreign subsidiaries. This Note analyzes how the Act is given extraterritorial effect, and compares this effect with international applications of the United States antitrust laws. In conclusion the author explains that the Act's unprecedented effect.
The Japanese And Korean Law Of Secured Transactions, Rex Coleman
The Japanese And Korean Law Of Secured Transactions, Rex Coleman
UC Law SF International Law Review
In 1977 the United States' bilateral trade deficit with Japan was over 8 billion dollars, roughly forty percent of the United States' overall trade deficit for that year. In this introductory article, the author examines the nationalistic orientation of the business government alliance established during the Meiji Era, the government validation process and the five steps of the post-war capital liberalization program. The article concludes with a brief analysis of prospects for the future.
Japanese Taxation Of The Foreign Income Of Japanese Corporations, Rosser H. Brockman
Japanese Taxation Of The Foreign Income Of Japanese Corporations, Rosser H. Brockman
UC Law SF International Law Review
This article describes in general terms the Japanese domestic tax treatment of the foreign income of Japanese corporations. This topic has become of increasing importance to American attorneys, businessmen and legal scholars as international trade and investment between Japan and the United States have grown. The author discusses the source rules, taxation of undistributed profits of designated tax haven subsidiaries, the foreign tax credit and domestic provisions affecting foreign income. The article concludes with an evaluation of the neutrality of the Japanese taxation of the foreign income of Japanese corporations.
The Structure Of Tribunals And The Appointment Of Their Members In Great Britain, Charles D. Ablard
The Structure Of Tribunals And The Appointment Of Their Members In Great Britain, Charles D. Ablard
UC Law SF International Law Review
The British tribunal system is viewed as an independent extension of the court system with adjudicative powers over a broad range of government activities. The author examines the structure and composition of British tribunals, discusses the role of lawyers and laymen within the tribunal system, and draws comparisons to administrative law bodies in the United States.
The Third World And The Protection Of National Patrimony: Oil, Art And Orchids, Michael W. Gordon
The Third World And The Protection Of National Patrimony: Oil, Art And Orchids, Michael W. Gordon
UC Law SF International Law Review
The author analyzes various means of protecting national patrimony, concentrating on three general subject areas of concern: a nation's natural resources, its cultural heritage, and its fauna and flora. The author discusses the interrelatedness of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illict Import, Export and Transfer of Ownership of Cultural Property, the 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the 1974 United Nations General Assembly Charter of Economic Rights and Duties of States, viewing these multilateral pronouncements as part of a broad Third World response to the …
Human Rights In The Wake Of The Helsinki Accords, Arthur J. Goldberg, James S. Fay
Human Rights In The Wake Of The Helsinki Accords, Arthur J. Goldberg, James S. Fay
UC Law SF International Law Review
Since the ratification in Helsinki in 1975 of the Final Act of the Conference on Security and Cooperation in Europe (CSCE), the Soviet bloc nations have resisted effective implementation of many agreed upon provisions of the Act, particularly those dealing with Human Rights. In the process of outlining the flaws in the Soviet position, the authors suggest specific steps to guide Western negotiators at the 1980 CSCE meeting in Madrid.
The Influence Of Roman Law On Early Medieval Culture, Edgar Bodenheimer
The Influence Of Roman Law On Early Medieval Culture, Edgar Bodenheimer
UC Law SF International Law Review
The Roman law which had a significant impact on the early Middle Ages was not the law which was in force during the decline of Rome's civilization. The author discusses why the Vulgar law was well suited for early medieval culture and why the classical Roman law was only revived toward the end of the Middle Ages.
The Argentine Transfer Of Technology Law: An Analysis And Commentary, Guillermo Cabanellas
The Argentine Transfer Of Technology Law: An Analysis And Commentary, Guillermo Cabanellas
UC Law SF International Law Review
The author guides investors and their attorneys through the complexities of the 1977 Argentine Transfer of Technology Law. The law is compared and contrasted with previous Argentine foreign investment laws and the laws of other Latin American countries.
Carriage Of Goods By Sea: Should The United States Ratify The Hambug Rules, Michael C. Davis
Carriage Of Goods By Sea: Should The United States Ratify The Hambug Rules, Michael C. Davis
UC Law SF International Law Review
On March 31, 1978, the United Nations Conference on the Carriage of Goods by Sea adopted the Hamburg Rules to replace the Hague Rules of 1924 as the guiding instrument on international carriage of goods by sea. The new rules embody several changes in the liability for cargo damaged or lost in transit by sea. This Note focuses on the two most important substantive changes: The elimination of the so-called "catalogue of exemptions," and the change in the maximum liability limitation.
Restraints On Executive Emergency Power In The United States And Canada, James S. Fay
Restraints On Executive Emergency Power In The United States And Canada, James S. Fay
UC Law SF International Law Review
The United States and Canada grant extensive emergency powers to their Chief Executives in time of crisis. Limited restrictions by the courts and particularly by the legislatures on the invocation and use of such powers may pose a long term threat to democratic institutions in both nations.
Foreign Sovereign Immunities Act: Ownership Of Soviet Foreign Trade Organizations, James Stang
Foreign Sovereign Immunities Act: Ownership Of Soviet Foreign Trade Organizations, James Stang
UC Law SF International Law Review
No abstract provided.
The 1978 Constitution Of The People's Republic Of China, Chin Kim, Timothy G. Kearley
The 1978 Constitution Of The People's Republic Of China, Chin Kim, Timothy G. Kearley
UC Law SF International Law Review
The authors analyze the latest Constitution of the People's Republic of China placing considerable emphasis on the shifts in economic and social policy wrought by recent changes in the political theater of the People's Republic of China. This most recent version is compared to and contrasted with the preceeding Constitutions of 1975 and 1954.
Foreign Investment In Paraguay: An Analysis Of Incentives Under Law No. 550, Michael D. Schley
Foreign Investment In Paraguay: An Analysis Of Incentives Under Law No. 550, Michael D. Schley
UC Law SF International Law Review
No abstract provided.
Japanese Postwar Attitudes Towards International Trade And Investment, Hobart Mck Birmingham
Japanese Postwar Attitudes Towards International Trade And Investment, Hobart Mck Birmingham
UC Law SF International Law Review
In 1977 the United States' bilateral trade deficit with Japan was over 8 billion dollars, roughly forty percent of the United States' overall trade deficit for that year. In this introductory article, the author examines the nationalistic orientation of the business government alliance established during the Meiji Era, the government validation process and the five steps of the post-war capital liberalization program. The article concludes with a brief analysis of prospects for the future.
Marketing And Antitrust In Japan, John O. Haley
Marketing And Antitrust In Japan, John O. Haley
UC Law SF International Law Review
In a recent series of cases the Japanese Fair Trade Commission has adopted a strict illegality approach and held one of the more typical manufacturer-imposed market channelling arrangements to constitute an unfair business practice in violation of article 19 of the Japanese Antimonopoly and Fair Trade Law. This article assesses these cases and their implications in the context of Japanese antitrust regulation of marketing.
Export Licensing Of Advanced Technology To Communist Countries: Problems And Prospects, Vikram Aditya Gosain
Export Licensing Of Advanced Technology To Communist Countries: Problems And Prospects, Vikram Aditya Gosain
UC Law SF International Law Review
The Export Administration Act of 1969 restricted efforts of United States industry to expand sales of non-strategic advanced technology goods to Communist countries. The author examines the significance of the Export Administration Amendments of 1977 and the procedure and criteria by which an export application is evaluated. The author suggests certain reforms which would help attain the goal of trade promotion.