Showing papers in "Fordham International Law Journal in 1997"

Federalism: Essential Concepts in Evolution - The Case of the European Union

Abstract: This Article aims to examine the instrumental aspects of the European Union structure in order to elucidate the degree of federalism that it contains. The analysis considers: the status of the central authority; the constitutional embedding of the division of powers between the central authority and the component entities; the existence of mechanisms to preserve the identity of the component entities; the foundation of the constitutional order on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law; and the enforceability of the constitution. FEDERALISM: ESSENTIAL CONCEPTS IN EVOLUTION THE CASE OF THE EUROPEAN UNION

Advocating for an International Criminal Court

Abstract: This Opening Remark contains the text of Kofi Annan’s speech to the International Bar Association. In the speech, Annan calls for the creation of an International Criminal Court and proposes that the Court is necessary for the full realization of the United Nations’ goal of international justice. ADVOCATING FOR AN INTERNATIONAL CRIMINAL COURT

The Facilitation of the Brady Plan: Emerging Markets Debt Trading From 1989 to 1993

Abstract: This Article completes the analysis of the first decade of the modern emerging market’s operation by considering two further periods: (iv) Adolescence: March 1989 to October 1991; and (v) Young Adulthood: October 1991 to December 1993. The primary importance of the market in these periods, as will be discovered, lies in its promotion and facilitation of the Brady Plan. THE FACILITATION OF THE BRADY PLAN: EMERGING MARKETS DEBT TRADING FROM 1989 TO 1993

Giuliano Amato, Antitrust and the Bounds of Power

Abstract: Barry E Hawk reviews Giuliano Amato, Antitrust and the Bounds of Power This Book Review states that Professor Giuliano Amato has successfully written a refreshing and insightful book on antitrust policy after more than a century of US debate and almost half a century of European debate In his highly enlightening opus on Antitrust and the Bounds of Power, Professor Amato writes from the Olympian heights as the former head of the well respected Italian Antitrust Authority, a former Prime Minister of Italy, and a present professor at the European University Institute in Florence The book places antitrust law in the broader context of political theory and history Although the author modestly states that the book is written for young people embarking on an immersion in antitrust law, seasoned antitrust veterans will greatly benefit from Professor Amato’s measured wisdom GIULIANO AMATO, ANTITRUST AND THE BOUNDS OF POWER Reviewed by Barry E Hawk* It is a difficult challenge to write a refreshing and insightful book on antitrust policy after more than a century of US debate and almost half a century of European debate Professor Giuliano Amato successfully has met that challenge in his highly enlightening opus on Antitrust and the Bounds of Power 1 Professor Amato writes from the Olympian heights as the former head of the well respected Italian Antitrust Authority, a former Prime Minister of Italy, and the present professor at the European University Institute in Florence As might be expected from an author with such broad public experience, Antitrust and the Bounds of Power places antitrust law in the broader context of political theory and history Although the author modestly states that the book is written for young people embarking on an immersion in antitrust law, seasoned antitrust veterans will greatly benefit from Professor Amato's measured wisdom Professor Amato begins with the judgment that the desirable introduction of increasingly sophisticated economic analysis into antitrust law has obscured some of the problems and policy goals that antitrust law was born to deal with He persuasively places the genesis of antitrust both in the United States and in Europe in politics, notably the political values underlying liberal democracy According to Professor Amato, liberal democracy faces the following dilemma: the fundamental freedom of individuals to trade can lead to the opposite phenomenon of private power that is capable of infringing not just the economic freedom of other individuals but also the balance of public decisions In a democratic society two boundaries should never be crossed: one beyond which the unlegitimated power of individuals arises, the other beyond which legitimate public power becomes illegitimate Antitrust law is relevant to understanding both sides of the divide and to deciding where the boundaries should be set Professor's Amato's book is devoted to this gen* Skadden, Arps, Slate, Meagher & Flom, New York; Director, Fordham Corporate

Media, Multimedia, and European Community Antitrust Law

Abstract: This Article discusses the main European Community (“EC”) antitrust law issues that have arisen in the media industries or which are especially relevant to media. Part I discusses general principles and directives that influence multimedia law. Part II examines the relevant markets which relate to multimedia. Part III reviews evidence of dominance within multimedia. Part IV discusses the impact multimedia has had upon broadcasting sports events within the European Union (“EU”). Part IV also considers film catalogues and performing rights societies. Part V explores mergers within the media sector. Part VI discusses conditional access systems. Finally, the Article concludes that the European media industry has yet to fully comprehend the interrelationship of media and EC Antitrust law. Therefore, the issues presented and discussed throughout this Article will continue to appear throughout the courts of the Member States. MEDIA, MULTIMEDIA, AND EUROPEAN COMMUNITY ANTITRUST LAW

Role of Judges and Lawyers in Defending the Rule of Law

Abstract: Speech given at Session 4: The Legal Profession and Human Rights. Adama Dieng discusses the rule of law, the threats arrayed against independent judicial branches, and, finally, how to guard the protection of lawyers and the independence of the judiciary as a condition for a rule of law. ROLE OF JUDGES AND LAWYERS IN DEFENDING THE RULE OF LAW

The Ethical Implications of the Globalization of the Legal Profession: A Challenge to the Teaching of Professional Responsibility in the Twenty-First Century

Abstract: This Article accepts globalization as a defining characteristic of the world order of the late twentieth and the early twenty-first centuries and as a force majeure on the legal profession. It challenges the professional responsibility academy to explore the incipient structural transformations that are taking place on a macro level and to reconfigure the classic curriculum to acknowledge the ethical implications of the globalization of the legal profession. THE ETHICAL IMPLICATIONS OF THE GLOBALIZATION OF THE LEGAL PROFESSION: A CHALLENGE TO THE TEACHING OF PROFESSIONAL RESPONSIBILITY IN THE TWENTY-FIRST CENTURY

China's Copyright System: Rising to the Spirit of Trips Requires an Internal Focus and WTO Membership

Abstract: This Note examines the current state of China’s intellectual property rights protection as it relates to copyright. Part I evaluates existing measures used in enforcing copyright protection in China, such as the General Agreement on Tariffs and Trade (”GATT”), the Agreement on TradeRelated Aspects of Intellectual Property Rights (”TRIPs”), and various U.S. trade sanctions. Part II describes major policies affecting China’s copyright system and address the inherent factors underlying China’s inability to enforce copyright protection, including a lack of cultural and economic incentives and difficulties in administrative enforcement. Part II then proceeds to discuss China’s judicial system and education as alternative methods to solving China’s problem of copyright piracy. In addition, Part II introduces joint ventures as defined in China’s laws and implicated in SinoU.S. intellectual property agreement. Finally, Part II explores the mechanisms involved in WTO’s dispute resolution system. Part III argues that TRIPs and U.S. trade sanctions are no longer the appropriate tools for combating China’s piracy problems. In light of the country’s present intellectual property environment, strategies such as education and joint ventures, and the enhancement of the judicial system will serve as effective cures to the piracy problem. Part III further argues that WTO membership is beneficial to the future enforcement of copyright protection in China. CHINA'S COPYRIGHT SYSTEM: RISING TO THE SPIRIT OF TRIPS REQUIRES AN INTERNAL FOCUS AND WTO MEMBERSHIP

The Millenium Approaches: Rethinking Article 85 and the Problems and Challenges in the Design and Enforcement of the EC Competition Rules

Abstract: This Essay contributes to the discussion of competition law reforms, both at the level of the European institutions and within the Member States of the European Union, by considering the scope for altering the economic evaluation performed in the context of Article 85 of the EC Treaty. The Essay first describes, and accounts for, the European Commission’s current interpretation of Article 85. The Essay then presents a number of criticisms of that interpretation and assesses possible changes to the present system of European competition enforcement. Finally, examples are given from the case law of the Court of Justice and the Court of First Instance where a rule of reason approach has been applied. This Essay concludes that the introduction of a rule of reason is not only desirable but practicable within the framework of European competition rules as they already exist. THE MILLENNIUM APPROACHES: RETHINKING ARTICLE 85 AND THE PROBLEMS AND CHALLENGES IN THE DESIGN AND ENFORCEMENT OF THE EC COMPETITION RULES

Tokdo or Takeshima? The Territorial Dispute Between Japan and the Republic of Korea

Abstract: This Note analyzes Japan’s and the Republic of Korea’s competing claims to Liancourt in light of traditional public international law, specifically the 1982 Convention and customary law found in past decisions by the International Court of Justice (“ICJ”) and arbitral bodies (collectively “international adjudicatory bodies”). Part I of this Note provides not only a brief historical overview on Japanese-Korean relations, but also a detailed review of relevant public international law. It outlines important provisions of the 1982 Convention, discusses widely-recognized means of territorial acquisition, and summarizes relevant decisions of international adjudicatory bodies. Part II examines each country’s claim to Liancourt. The third and final part argues that according to current public international law, the Republic of Korea establishes a superior claim to Liancourt than does Japan. Accordingly, this Note concludes that the Republic of Korea should become Liancourt’s sovereign. TOKDO OR TAKESHIMA? THE TERRITORIAL DISPUTE BETWEEN JAPAN AND THE REPUBLIC OF KOREA Benjamin K. Sibbett* "Rarely have the tempers of ostensible allies flared so greatly over such insignificant real estate."1

The Transformative Potential of a Secondary Market: Emerging Markets Debt Trading from 1983 to 1989

Abstract: This Article chronicles the evolution of the secondary market in the debt of less developed countries, now known as Emerging Markets, in its first six years of development. The secondary market was important because it provided the debt for use in debt-equity swaps and debt buy-backs and facilitated portfolio adjustment by banks and other measures that helped to lessen the burdens of the crisis on creditors and debtors. The Article goes through the chronology of the development of the Emerging Markets, emphasizing the key events and factors contributing to its development and the evolving characteristics of the market. THE TRANSFORMATIVE POTENTIAL OF A SECONDARY MARKET: EMERGING MARKETS DEBT TRADING FROM 1983 TO 1989

Encrypted Digital Cash Transfers: Why Traditional Money Laundering Controls May Fail Without Uniform Cryptography Regulations

Abstract: This Note argues that key escrow represents a solution to the problem of digital money laundering. In addition, this Note argues that the European Commission has wrongly concluded that key escrow should develop as a product of market forces rather than aggressive legislation, and should align its policy with the United States, France, and Great Britain to develop a joint network of key escrow authorities. Part I of this Note explains the operation of digital payment systems, digital money, and cryptography. Part I also sets forth existing legal safeguards against money laundering. Part II outlines the key escrow policies of the European Community, Great Britain, France, and the United States. Part III analyzes the European Commission’s arguments against implementing key escrow and suggests that these arguments have been addressed and effectively rebutted by key escrow proposals in the United States and Great Britain. This Note concludes that a global network of key escrow authorities would provide law enforcement with the means to prevent digital money laundering.

Big Six Accounting Firms Shop Worldwide for Law Firms: Why Multi-Discipline Practices Should Be Permitted In The United States

Abstract: This Note explores the controversy surrounding MDPs. Part I surveys the legal activities of the Big Six accounting firms. Part I then analyzes the current U.S. ethics rules governing law firm ownership, examines proposed U.S. ethics rules that were never adopted, and discusses other U.S. ethics rules related to the practice of MDPs. In addition, Part I studies England’s treatment of law firm ownership and MDPs. Finally, Part I offers other reasons for the restrictive rules governing law firm ownership. Part II investigates the arguments in favor of and against MDPs. Part III argues that the current ethics rules permit lawyers to face problems similar to those encountered by lawyers practicing in MDPs. This Note concludes that MDPs should be permitted in the United States. BIG SIX ACCOUNTING FIRMS SHOP WORLDWIDE FOR LAW FIRMS: WHY MULTI-DISCIPLINE PRACTICES SHOULD BE PERMITTED IN THE UNITED STATES

Cabotage and the European Community Common Maritime Policy: Moving Towards Free Provision of Services in Maritime Transport

Abstract: This Comment argues that by adopting a two-stage common maritime policy, with a gradual liberalization of cabotage, the European Community took the right course of action in view of the prevailing internal and international conditions of the maritime market. Part I defines the basic concepts concerning the maritime industry and policy. Part I also presents the legal framework within which the European Community adopts measures on maritime policy. Part II discusses the 1986 Legislative Package, marking the first stage in the development of the Community common maritime policy. Part II then reviews the provisions and impact of Regulation 3577/92 which continued and complemented the development of the EC common shipping policy initiated by the 1986 Legislative Package. Part III maintains that the European Community has succeeded in establishing a common maritime policy, leading not only to the full liberalization of maritime trade between Member States and among Member States and third countries, but also, to the gradual opening up of cabotage routes. Part III further maintains that by tackling the external and internal issues confronting the EC maritime policy separately and in stages, the European Community has acted in its best long-term commercial and strategic interests. This Comment concludes that the European Community has successfully forged a common maritime policy as one of the vehicles towards achieving the single internal market. CABOTAGE AND THE EUROPEAN COMMUNITY COMMON MARITIME POLICY: MOVING TOWARDS FREE PROVISION OF SERVICES IN MARITIME TRANSPORT

International Human Rights: A Perspective From India

Abstract: The evolution of the international human rights regime has often been shaped by the push and pulls of political and historical forces and events at the expense of alternative approaches. The following Essay traces this evolution from the author’s perspective, presents India’s position in relation to the structure and environment of international human rights discourse, and outlines trends and characteristics that merit reflection. INTERNATIONAL HUMAN RIGHTS: A PERSPECTIVE FROM INDIA

Developing Cross-Border Practice Rules: Challenges and Opportunities for Legal Education

Abstract: This Essay first discusses differences in the process used by the European Community (“EC”) and North American Free Trade Agreement (“NAFTA”) in developing cross-border practice rules. This is followed by discussions of the developing NAFTA rules and resulting challenges and opportunities for legal education.

International Banking Activities: The Role of the Federal Reserve Bank in Domestic Capital Markets

Abstract: In synthesizing harmonious regulation with market sensitive monetary policies, regulators and central bankers can maintain global confidence and minimize systemic failure. The improvements in communications and transportation, the gains from technology and the miniaturization of the goods the world produces have fueled a growing volume of international trade. Financial institutions, in turn, have sought constantly to find more effective and efficient ways to facilitate and finance these activities, and at the same time manage the related risks. There are two clear areas of common interest which may serve as a guideline for central bankers, bank supervisors, and regulators developing compatible rules and regulations. Some of the greatest challenges to bank supervisors arise when organizations link banking activities with other financial or nonfinancial businesses. As capital markets become more important, they pose new challenges in the setting of monetary policy. Well-functioning capital markets require a sound legal and regulatory structure if investors are to have sufficient confidence to part with their funds for potentially long periods of time, especially given the impersonal nature of capital markets and the remoteness of issuers of securities from the holders of those securities. Capital markets can foster economic growth and efficiency by stimulating and mobilizing saving and thereby raising investment. In the United States, capital markets have had a major impact on banks. Capital markets may also discipline central banks in much the same way as the foreign exchange market. The central bankers may need to assess whether a large price move in the value of an asset or a group of assets is a result of economic fundamentals or whether it is bubble based on emotional reactions of market participants (or simply inadequate information). Part I discusses the importance of compatible regulatory regimes. Part II discusses two clear areas of common interest which may serve as a guideline for central bankers, bank supervisors, and regulators developing compatible rules and regulations—maintaining healthy, responsive, and financially strong banking and financial systems, and building and maintaining an adequate legal and regulatory structure. Part III identifies some of the greatest challenges to bank supervisors, namely when organizations link banking activities with other financial or nonfinancial businesses. Part IV analyzes the role of the Federal Reserve in domestic capital markets. Part V discusses why well-functioning capital markets require a sound legal and regulatory structure. Part VI outlines the general economic implications of well-functioning capital markets. Part VII focusses on the economic implications of these capital markets specifically for banks. Part VIII focusses on economic implications for monetary policy. Finally, Part IX identifies potential challenges of capital markets. INTERNATIONAL BANKING ACTIVITIES: THE ROLE OF THE FEDERAL RESERVE BANK IN DOMESTIC CAPITAL MARKETS Susan M. Phillips* Alan N. Rechtschaffen**

Globalization of Human Rights Law

Abstract: Speech given at Session 4: The Legal Profession and Human Rights. Jerome Shestack explains what is intended by “globalization” of human rights. The term embraces more than the standards themselves and includes the process by which human rights implementation takes place on a global level, the range of those who advocate international human rights, the potential for a meaningful international human rights judicial system, and the role of human rights in the calculus of international relations. He article touches on all of these areas. GLOBALIZATION OF HUMAN RIGHTS LAW

International Human Rights and Sovereignty of States: Role and Responsibility of Lawyers

Abstract: Speech given at Session 4: The Legal Profession and Human Rights. Fali Nariman discusses the history of lawyers in the context of past fifty year history of international human rights. INTERNATIONAL HUMAN RIGHTS AND SOVEREIGNTY OF STATES: ROLE AND RESPONSIBILITY OF LAWYERS

Resolution of Trade Disputes By Chapter 19 Panels: A Long-Term Solution or Interim Procedure of Dubious Constitutionality

Abstract: Since World War II, international trade has expanded exponentially and the United States has had substantial incentives to negotiate trade agreements with a view toward lowering tariffs reciprocally. The United States has also benefited from entry into the North American Free Trade Agreement (”NAFTA”) in 1992, the Canada-United States Free-Trade Agreement (”CFTA”) in 1988, and the United States-Israel Free Trade Agreement in 1985. The Canadian goal had been to eliminate existing antidumping and countervailing duty rules [in the United States] and to negotiate a new set of laws modeled on competition law principles with a binational tribunal to enforce them. Chapter 19 of the CFTA provides for binational dispute settlement in antidumping and countervailing duty cases. However, Chapter 19 also retains the substantive domestic antidumping and countervailing duty laws of the United States and Canada. Article 1904 expressly recites the parties’ intention to replace judicial review of antidumping and countervailing duty determinations with binational panel review. The two governments had to agree on the selection of the fifth panelist. In a dissenting opinion of a CFTA Extraordinary Challenge Committee (”ECC”) review of the panel decision on Certain Softwood Lumber Products from Canada, retired U.S. Circuit Judge Malcolm Wilkey criticizes the limited review practices of ECCs. Canada and Chile agreed to phase out antidumping, but not countervailing duty policies for the purposes of their bilateral agreement. This address discusses the binational dispute settlement panels established by Chapter 19 of the CFTA. This address proceeds to address Chapter 19 of NAFTA which substantially replicates the binational panel mechanism established by the CFTA. This speech concludes by discussing U.S. Circuit Judge Malcolm Wilkey’s dissenting opinion in Certain Softwood Lumber Products from Canada and remarking that the United States should be chary to expand the binational review panel system in future trade agreements.

The United Nations and the Legal Community in Promotion of Human Rights

Abstract: Speech given at Session 4: The Legal Profession and Human Rights. The idea of promoting and protecting human rights is much older than the United Nations. However, it is fair to say that the fact that this topic is now high on the agenda all over the world is due to the efforts made by the world organization. THE UNITED NATIONS AND THE LEGAL COMMUNITY IN PROMOTION OF HUMAN RIGHTS

Progress and Challenges in International Criminal Justice

Abstract: Speech given at Session 4: The Legal Profession and Human Rights. Louise Arbour discusses the differences between the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, the marriage between international law which principally governs state relationships and criminal law which governs personal conduct, and how this contributes to the development of international humanitarian law. PROGRESS AND CHALLENGES IN INTERNATIONAL CRIMINAL JUSTICE

The Status of the Federal Republic of Yugoslavia in the United Nations

Abstract: The status and position of the Federal Republic of Yugoslavia (“FRY”) in the United Nations (“UN”) is a controversial issue which has elicited many comments and articles and has cast a long shadow on the legality of the measures taken by the General Assembly (“GA”) and the Security Council (“SC”) vis-a-vis Yugoslavia. In 1992, the SC and the GA both decided that the FRY, composed of Serbia and Montenegro, could not participate in the work of the GA and its bodies. The GA further extended the prohibition against Yugoslavian participation to the Economic and Social Council and its bodies. Throughout each of these resolutions, the SC and the GA stated that the Socialist Federal Republic of Yugoslavia (“SFRY”) has ceased to exist and that the FRY cannot automatically continue the membership of the former SFRY in the UN. At the root of the unresolved status of the FRY in the UN is the question whether a succession or secession has taken place in the former SFRY. Essentially, the status question had been created by the unilateral acts of secession by the four former Yugoslav republics (Slovenia, Croatia, Bosnia and Herzegovina, and Macedonia) and the intrusion of the geo-strategic interests of foreign factors that encouraged, made possible and rewarded these secessions by premature recognition of the new nations. Continuous political pressure against the FRY is designed to bring about legal discontinuity of Yugoslavia as a founding member of the Organization of the UN. The FRY continues to be precluded from participating in the meetings of states that are parties to those treaties. Unfortunately, the U.S. administration is not alone in erecting a new Berlin Wall on the FRY. The denial of the FRY’s right to be a continuous member of the UN and other international organizations runs counter to the contrary pronouncements issued by three out of the four former Yugoslav republics in the bilateral agreements and a joint declaration on the normalization of relations with the FRY. The isolation of the FRY from the UN work and other international organizations is only one of the absurdities and frivolous abuses of international law that have been the hallmark of the involvement of the international community in the Yugoslav crisis ever since its beginning. Part I discusses the Security Council (SC) and General Assembly (GA) decisions that the FRY, composed of Serbia and Montenegro, could not participate in the work of the GA and its bodies, and the GA’s further extension of the prohibition against Yugoslavian’s participation in the Economic and Social Council and its bodies. Part II addresses the root of the unresolved status of the FRY in the UN, namely the question of whether a succession or secession had taken place in the former SFRY. Part III asks whether the SFRY ceased to exist after unilateral acts of secession by the four former Yugoslav republics (Slovenia, Croatia, Bosnia and Herzegovina, and Macedonia), and the intrusion of the geo-strategic interests of foreign factors that encouraged, made possible, and rewarded these secessions by premature recognition of the new nations. Part IV analyzes the legal and political influences on the role of the FRY. Part V discusses the subsequent incorrect treatment of the FRY. Finally, Part VI addresses the U.S. resistance to the FRY’s resumed role. THE STATUS OF THE FEDERAL REPUBLIC OF YUGOSLAVIA IN THE UNITED NATIONS Vladislav Jovanovic*

Romania: Euro-Atlantic Integration and Economic Reform

Abstract: The importance of President Clinton’s visit to Bucharest goes far beyond the symbolism represented by the first visit of an American president to a free and democratic Romania “Euro-Atlantic integration” does not start when a country states its commitment to being a candidate for North Atlantic Treaty Organization (’NATO’) or European Union (’EU’) membership and does not end with the moment of accession Among Central European nations, accession to NATO has enjoyed the greatest public support in Romania Romania’s integration into the European Union is the other foreign policy goal that, together with accession to NATO, is considered indispensable to Romania’s development as a stable and prosperous free market democracy Romania took advantage of the instruments set up by the EU which are meant to assist Central European associated countries in their preparation for accession Economic integration does not take place overnight; negotiations for accession to the EU of Finland, Sweden and Austria – prosperous European nations and former European Free Trade Agreement (”EFTA”) members – lasted for four years The prospect of EU membership has been a main factor that has enabled Romania to become a member of Central European Free Trade Area (”CEFTA”)

Combatting India's Heroin Trade Through Anti-Money Laundering Legislation

Abstract: This Note discusses the history behind the global war on drug-related money laundering, and India’s efforts at joining the movement. Part I will describe the nature of money laundering as well as various international and national attempts to combat it. Part II will explore arguments for and against India’s use of anti-money laundering legislation as a method of controlling the growing heroin trade. The Note concludes that it is imperative that India implement a comprehensive antimoney laundering regime, which includes compliance programs and bilateral and multilateral agreements on mutual legal assistance in order to suppress its growing heroin trade. COMBATTING INDIA'S HEROIN TRADE THROUGH ANTIMONEY LAUNDERING LEGISLATION

The Licensing of Foreign Legal Consultants in the United States

Abstract: The focus in this Essay is on the regulations which have been adopted in the various states within the United States to recognize lawyers licensed in other countries. As the financial and commercial markets move beyond national boundaries to become global markets, lawyers practicing in the United States will increasingly be called upon to analyze and understand international law and the laws of countries outside the United States. Adopting regulations allowing foreign legal consultants to practice law will permit US lawyers to better serve their current clients. In addition, US lawyers will more easily obtain access to markets for legal services in other countries once reciprocal access is available for the lawyers from those countries. Therefore, each of the jurisdictions within the United States should adopt regulations permitting foreign legal consultants to practice law. Ideally, the requirements should be made uniform throughout all fifty states and the District of Columbia. THE LICENSING OF FOREIGN LEGAL CONSULTANTS IN THE UNITED STATES

Invoking the U.S. Attorney-Client Privilege: Japanese Corporate Quasi-Lawyers Deserve Protection In U.S. Courts Too

Abstract: This Note discusses whether the attorney-client privilege applies to Japanese in-house legal personnel who are not members of any country’s bar. Part I defines the attorney-client privilege, and explains what communications the privilege protects. Part I also compares the legal systems of Japan and the United States. Part II examines case law and commentary on the issue of applying the privilege to non-US attorneys who are not admitted to any bar. Part III argues that the arguments for applying the attorney-client privilege to non-US, non-bar in-house legal personnel are particularly effective considering the structure of the Japanese legal system. This Note concludes that US courts should apply the attorney-client privilege to Japanese corporate quasi-lawyers. INVOKING THE U.S. ATTORNEY-CLIENT PRIVILEGE: JAPANESE CORPORATE QUASI-LAWYERS DESERVE PROTECTION IN U.S. COURTS TOO

The Japanese Product Liability Law: Sending A Pro-Consumer Tsunami Through Japan's Corporate and Judicial Worlds

Abstract: This note argues that Japan’s former product liability system deprived consumers of adequate protection against product defects. This note also argues that Japan’s changing economic and political conditions necessitated the introduction of strict liability. Part I examines the development of the Japanese legal system, traces the history of product liability in Japan, and discusses the structural and cultural barriers to pursuing product liability claims. Part I also explains the product liability legal theories in existence before the PL Law and discusses the twenty-year process in which Japan debated the prospects of passing this legislation. Part I concludes by discussing factors leading to the PL Law’s enactment. Part II discusses the PL Law’s provisions and examines the impact of the law on corporate Japan, the judiciary and government, and on Japanese consumers. Part III argues that Japan needed the PL Law to bolster the position of Japanese consumers against manufacturers and enable the Japanese government to facilitate deregulation by reducing its product safety standards. Part III also argues that the PL Law is changing Japanese society by promoting a pro-consumer attitude in Japan’s legal and corporate spheres. This Note concludes that the PL Law is a key first step to creating a more equitable product liability recovery system and making manufacturers more accountable to the Japanese public.

The Introduction of the Euro and Its Implications for Obligations Denominated In Currencies Replaced by the Euro

Abstract: This Article will discuss to what extent fears that debt in a country’s national currency will no longer be enforceable under U.S. law after the introduction of the Euro are justified. The article assumes that the European Council, as provided for in the Treaty Establishing the European Community (”EC Treaty”) and the European Commission’s European Council Regulation, will establish a fixed rate of conversion for the old national currencies of all participating Member States in relation to the Euro. The subject of our inquiry, thus, is whether, following the introduction of the single currency, U.S. courts will acknowledge the abolition of the old national currencies and apply the above-mentioned Council Regulations and relevant legislation of participating Member States, in suits for payment on obligations denominated in these abolished currencies.