Transnational Law Commons^™

Legal Services And The Emergence Of A Service Economy: Practical And Theoretical Considerations, Richard Self

Michigan Journal of International Law

Perhaps the most difficult question facing legal professional associations is how to treat outsiders, particularly attorneys from foreign countries. The issue has become more acute as the growth of international trade and investment has led attorneys, following their clients, to attempt to establish themselves permanently in foreign legal jurisdictions. In fact, over the past three years the problem of transnational legal practice has, at least between the United States and Japan, become a trade issue in its own right. As U.S. lawyers attempt to tear down Japanese barriers against foreign legal "consultants," foreign attorneys in the United States struggle against …

A Statutory Analysis Of The Right Of U.S. Lawyers To Practice In Japan, Cecelia Norman

Michigan Journal of International Law

This note argues that the JFBA's position is legally untenable. There is no legal bar to the establishment of firms by U.S. attorneys unlicensed to practice in Japan, provided they restrict their activities to advising non-Japanese companies on foreign and international law. Two central issues shape this debate: (1) the extent of the bengoshi monopoly conferred by the Lawyer Law; and (2) the scope of Japan's obligation to the United States under the Treaty of Friendship, Commerce, and Navigation (FCN Treaty) concluded in 1953.

U.S. Law Of Attorney-Client Privilege As Applied To Non-U.S. Lawyers: A Reciprocity Issue?, Hetty L. Richardson

Michigan Journal of International Law

Part I of this note considers whether U.S. federal and state law applies the attorney-client privilege equally to communications with U.S. and non-U.S. attorneys. It concludes that, contrary to the ILP's position, the law on this issue is not firm. In light of the policy issues raised by the AM & S decision, part II considers factors that may justify discriminating between U.S. and non-U.S. lawyers, or among non-U.S. lawyers. It concludes that the public interest may be served best by extending the attorney-client privilege to communications with some, but not all, non-U.S. lawyers. Part III presents a proposal for …

Legal Practice Shaped By Loyalty To Tradition: The Case Of Saudi Arabia, Carolyn R. Ruis

Michigan Journal of International Law

This note employs Saudi Arabia as an example of an Islamic country that has retained its religious traditions while being forced by economic necessity to adopt some Western commercial practices. Part I reviews the legal system of Saudi Arabia, highlighting the major differences and similarities between it and Western commercial law. Part II considers the legal requirements and cultural norms which Western attorneys should be prepared to observe while practicing in a traditional Islamic society. It suggests that strict adherence to custom and the Saudi Government's recent attempts to strengthen restrictions on both the professional and personal lives of expatriates …

Legal Services And The Trade And Tariff Act Of 1984, Michael K. Grace

Michigan Journal of International Law

Part I of this note outlines the major nontariff barriers (NTBs) to trade in services. Part II discusses the provisions of the Trade and Tariff Act that are aimed at the reduction of those barriers. Part III examines the applicability of the TTA to legal services and the potential limitations on the provisions of an international agreement for that particular service industry. It concludes that concerns over state sovereignty, while no longer posing a constitutional obstacle to an international agreement on trade in services, will remain an important political force in the shaping of such an agreement.

Appendix 3: Glossary Of Terms Defining The Function Of Legal Professionals In Various Countries, Michigan Journal Of International Law

Michigan Journal of International Law

Glossary of terms used in this volume.

Effects Of International Agreements In European Community Law: Are The Dice Cast?, Jacques H.J. Bourgeois

Michigan Law Review

The purpose of this contribution is to explore the extent to which the "direct effect" doctrine, developed within the Community legal system for the purpose of the relations between Community law and the Member States' law, has spilled over into the field of the relations between international law and Community law, or, to use a somewhat daring comparison, to what extent the doctrine of McCulloch v. Maryland has been applied in a Foster and Elam situation.

Third World Trade Partnership: Supranational Authority Vs. National Extraterritorial Antitrust--A Plea For "Harmonized" Regionalism, Wolfgang Fikentscher

Michigan Law Review

That "Third World countries" should receive the assistance of the "industrialized nations" in increasing the level of their economic development is a matter beyond dispute. Yet the years following the "economic decade" of the 1970's have made apparent a crisis in the concepts underlying this philosophy of Third World assistance. The nature of this crisis has not yet been fully ascertained, and the following text does not undertake that task. Rather, it starts from the general feeling among experts involved in one way or another with "development aid" that the paths so far followed and the methods so far applied …

Direct And Indirect Judicial Control Of Community Acts In Practice: The Relation Between Articles 173 And 177 Of The Eec Treaty, Gerhard Bebr

Michigan Law Review

The European Economic Community (EEC) Treaty contains two different judicial controls over the exercise of the powers granted to the Community by the Treaty: (1) a direct control through an action in the European Court of Justice under article 173 to annul a Community act; and (2) an indirect control through reference by a national court to the Court of Justice under article 177 to review the validity of a Community act. Each of . these controls is designed to ensure the legal exercise of power by Community institutions. In form, however, they are quite different procedures.

The present study …

The Court Of Justice As A Decisionmaking Authority, Ulrich Everling

Michigan Law Review

Eric Stein, to whom this Article is dedicated, has written a number of commentaries on the jurisprudence of the Court of Justice on the basis of his experience with both the European continental law and the common law systems. In conformity with his pragmatic approach, the following examination of the Court of Justice as a decisionmaking authority devotes less attention to the theoretical context than to the manner in which the Court attempts to accomplish its task in practice. This essay is intended to provide a judge's point of view, that is to say, a subjective contribution on the basis …

Competition, Integration And Economic Efficiency In The Eec From The Point Of View Of The Private Firm, Michel Waelbroeck

Michigan Law Review

As early as 1956, experts appointed by the six original Member State governments to investigate measures to pursue integration after the failure of the European Defence Community clearly established this link between the abolition of barriers to trade and an increase in the intensity of competition. In what has come to be known as the "Spaak Report," the experts noted the technology gap then separating Europe from the United States and proposed, as a remedial measure, the creation of a ''vast zone of common economic policy, constituting a powerful production unit, and allowing a continued expansion, and increased stability, an …

The European Community And The Requirement Of A Republican Form Of Government, Jochen Abr. Frowein

Michigan Law Review

The European Community - that is, the factual entity composed of three legally separate communities which has been and still is one of the basic concerns of Eric Stein - cannot be understood without taking into account European history after 1933. As an irony of history, the stage for a new beginning was set by the man who destroyed the old Europe and who was the reason that so many academics left the "old country" for the new world. This new start was not only influenced by the determination of those Europeans who had lived through the darkness to overcome …

How Flexible Is Community Law? An Unusual Approach To The Concept Of "Two Speeds", Claus-Dieter Ehlermann

Michigan Law Review

The concept of "two speeds" de lege ferenda and the connected question of possible flexibility in Community law de lege lata raise a number of highly complex institutional questions that go to the very roots of the Community system. We offer the following analysis of such questions to Eric Stein, whose writing and teaching have contributed so greatly to the understanding of the Community's foundations.

The Case For Federalizing Rules Of Civil Jurisdiction In The European Community, Peter Hay

Michigan Law Review

The European Community is an "incipient federal structure," even if its scope of operation is limited in subject matter and its creation derives from "a network of treaties rather than [from] a formal constitution." A federal structure at once protects, even nurtures, pluralism and coordinates the constituent units in the interest of a union. Federal legislation promotes the interests of the larger unit; a limitation of powers in the constitutive document preserves the integrity of the members. In the American federation, the United States Supreme Court defines the balance between the reach of state and federal law. The balance, moreover, …

Civil Enforcement Of Eec Antitrust Law, Francis G. Jacobs

Michigan Law Review

This paper examines whether and to what extent private civil remedies are, as a matter of law, and ought to be, as a matter of policy, available in the courts of the EEC Member States for breach of the antitrust provisions of the Treaty establishing the European Economic Community (the Treaty of Rome). These questions are addressed in Part I. Part II sets the issues in the broader context of the enforcement of the Treaty obligations of Member States. In this way, it is hoped to elucidate the relationship between national law and Community law, and also indirectly to illuminate …

The Applicability Of The Ecsc-Cartel Prohibition (Article 65) During A "Manifest Crisis", Ernst-Joachim Mestmäcker

Michigan Law Review

The Commission and the Council have found that the steel industry of the Community is facing a "manifest crisis" within the meaning of article 58 of the European Coal and Steel Community (ECSC) Treaty. Factors that have led to this crisis include structural peculiarities of the steel industry, an increase in production costs, a decrease in demand for steel and steel products, and the resulting excess capacity in steel mills. A majority of the Member States have attempted to protect their national steel industries from the economically mandated cutback in production capacity through substantial subsidization. International competition has thus degenerated, …

The Impact Of The Case Law Of The Court Of Justice Of The European Communities On The Economic World Order, Pieter Vanloren Van Themaat

Michigan Law Review

Among Europeans, Eric Stein is generally considered to be the outstanding expert on European Community law in the United States. Now we Europeans flatter ourselves, of course, with the opinion that there are outstanding experts on Community law within Europe as well. Nevertheless, in my opinion, the reason why so many students and scholars from Europe have gone to Ann Arbor for post-graduate studies or research work on European Community law lies mainly in the fact that Eric Stein has always been appreciated as a great scholar in international law and the law of international organizations, as well as an …

The Interrelationship Between United Nations Law And The Law Of Other International Organizations, Richard H. Lauwaars

Michigan Law Review

The question regarding the interrelationship between UN law and the law of other international organizations acquired actual significance in the Netherlands in the spring of 1983. At that time, the Dutch Government published a Note stating that, due to the strictures of international law embodied in the law of the European Economic Community (EEC) and European Coal and Steel Community (ECSC), the Benelux Economic Union, and the General Agreement on Tariffs and Trade (GATT), it could not impose unilateral sanctions against South Africa. In response to this Note, a group of public international law professors in the Netherlands issued a …

Res Judicata And Multi-State Integration, Lea Brilmayer

Michigan Law Review

A Review of Civil Judgment Recognition and the Integration of Multiple-State Associations: Central America, the United States of America, and the European Economic Community by Robert C. Casad

A Right Of Fair Dismissal: Enforcing A Statutory Guarantee, Janice R. Bellace

University of Michigan Journal of Law Reform

Support for the concept that employees should be protected against wrongful dismissal continues to grow in this country. Yet, many advocates of protection have thus far refrained from venturing into the legislative arena. Even though the movement to achieve this protection is still at an early stage, it is not too soon to focus on specific proposals designed to translate ideals into protections. By failing to coalesce behind a single proposal, supporters have retarded the progress of the movement. Without a proposal for specific legislation, supporters lack a rallying point and legislators have nothing concrete to debate. This Article attempts …

International Cooperation In Penal Matters: The "Lockheed Agreements", Bruno A. Ristau

Michigan Journal of International Law

In February 1976, officials of the Lockheed Aircraft Corporation testified before a Senate committee that their company had paid $12.6 million in bribes, commissions and fees to Japanese businessmen and government officials to promote sales of Lockheed planes. News of these bribes rocked Japan's political establishment and governmental institutions. The Japanese Diet (parliament) passed a resolution urging that the United States government disclose to the Diet the names of the Japanese officials involved in these bribes. Prime Minister Takeo Mild sent a personal letter to President Ford requesting that the United States make available all information in its possession bearing …

International Exchange Of Information In Criminal Cases, Michael E. Tigar, Austin J. Doyle Jr.

Michigan Journal of International Law

This article describes some of the means by which police and prosecutors obtain information in international criminal matters. An exhaustive catalog is not presented; rather, examples of international cooperation and conflict are dwelled upon to illustrate the need for systematic development of international law principles governing the interpretation and application of treaties, and the enforcement in both the demanding and the rendering state of rules concerning information exchange. These rules and principles should honor expectations of privacy and confidentiality, make dear the obligations of foreign persons and entities, including financial institutions, and ensure mutual respect for the sovereign interests of …

Implementing The Tokyo Round: Legal Aspects Of Changing International Economic Rules, John H. Jackson, Jean-Victor Louis, Mitsuo Matsushita

Michigan Law Review

International economic and political interdependence has increased dramatically since the close of World War II. We now watch foreign wars on our living room television sets, move billions of dollars worth of funds across national borders daily, and feel the effects of political violence in the Mideast throughout our domestic farmlands. A corollary to economic and political interdependence, however, is the less visible but equally pervasive problem of legal interdependence. Any attempt, in the contemporary world, to create new international rules or institutions necessarily depends on the national legal and constitutional systems of a number of countries. This Article analyzes …

Legal Imperialism: American Lawyers And Foreign Aid In Latin America, Michigan Law Review

Michigan Law Review

A Review of Legal Imperialism: American Lawyers and Foreign Aid in Latin America by James A. Gardner

Index, Michigan Journal Of International Law

Michigan Journal of International Law

Index of terms used in this volume.

International Human Rights Forums: A Means Of Recourse For Refugees, Amy Young-Anawaty

Michigan Journal of International Law

This article explores the possibility of using some of the other international agreements to secure the rights of asylum seekers. These treaties belong to the relatively new body of international law- human rights law- which gives broad protection to individuals everywhere regardless of status. In a significant development for international law, 12 institutions and procedures have been established internationally and regionally to monitor the enforcement of these human rights agreements. Several of these institutions, by virtue of treaty or statute, even possess the competence to hear complaints about states' violations of human rights. Insofar as the claims of refugees fall …

Exiting From The Soviet Union: Emigrés Or Refugees?, Zvi Gitelman

Michigan Journal of International Law

One of the most dramatic developments in the Soviet Union during the past decade has been the mass emigration of citizens, mostly of Jewish, German, and Armenian nationality. Emigration from the USSR had not been permitted, except for a tiny handful, since the early 1920s, although in the aftermath of World War II several hundred thousand Soviet citizens managed to remain in the West. These were either prisoners of war, slave laborers, Nazi collaborators, or simply people who took advantage of wartime chaos to flee the Soviet Union. But between 1971 and the end of 1980, over 300,000 Soviet citizens …

Refugees And Refugee Law In A World In Transition, Atle Grahl-Madsen

Michigan Journal of International Law

In country after country a political polarization is growing, a movement away from the center-to the right and to the left. In states with a less than stable political structure, coups d'etat and strongmen are commonplace. International law is broken as a matter of convenience. The media are filled with news of interventions, aggressions, even warfare. Human rights are frequently trodden under foot. And we are faced with a rising wave of xenophobia.

Entry And Exclusion Of Refugees: The Obligations Of States And The Protection Function Of The Office Of The United Nations High Commissioner For Refugees, Guy S. Goodwin-Gill

Michigan Journal of International Law

Refugee problems today tend to have one factor in common-the huge numbers of people involved. But whether it is a case of one or of a mass of individuals, each arriving asylum seeker represents a challenge to established principles of state sovereignty. International jurists once wrote of the free movement of persons between nations, unhampered by passport and visa control. Since the late nineteenth century, however, the principle most widely accepted has been that each state retains exclusive control- an absolute discretion- over the admission to its territory of foreign nationals, refugees or not. Although in practice many countries concede …

Between Sovereigns: A Reexamination Of The Refugee's Status, Stephen B. Young

Michigan Journal of International Law

A refugee leaves the country of his or her national origin because the political community will not or can no longer vouchsafe the refugee's life, liberty, or peace of mind. In many cases, the sovereign of national origin actively and coercively deprives the refugee of those basic components of human dignity. By taking flight, refugees enter a precarious realm between sovereigns. They may no longer rely upon the solicitude of their native sovereign, yet international law gives them no effective replacement for that power. They gain neither a right to asylum in other countries nor one to the assumption of …