UCLA Pacific Basin law journal最新文献

{"title":"Individual Claims: Are the Positions of the U.S. and Japanese Governments in Agreement in the American POW Forced Labor Cases","authors":"Kinue Tokudome, Azusa K. Tokudome","doi":"10.5070/P8211022164","DOIUrl":"https://doi.org/10.5070/P8211022164","url":null,"abstract":"ARTICLES INDIVIDUAL CLAIMS: ARE THE POSITIONS OF THE U.S. AND JAPANESE GOVERNMENTS IN AGREEMENT IN THE AMERICAN POW FORCED LABOR CASES? Kinue Tokudome* Azusa K. Tokudome** I. INTRODUCTION During World War II, some 27,000 American soldiers were captured by the Japanese military, and of those, over 11,000 died. 1 Many of these POWs were enslaved for the benefit of pri- vate Japanese companies. After more than half a century, surviv- ing POWs are seeking compensation from these companies in American courts. On February 6, 2003, the Court of Appeal of California, Fourth District, Division Three, dismissed one of the cases in which Mitsui and Mitsubishi were named defendants. 2 It ruled that the San Francisco Peace Treaty of 1951 had waived the claims of the plaintiffs, although it acknowledged the suffering of * Japanese journalist; graduate of the University of Chicago, with a Masters in International Relations (1988); graduate of the University of Illinois at Chicago with a Bachelor of Arts in Political Science (1985). ** Juris Doctor Candidate, Chapman University, School of Law; graduate of the University of California, San Diego, with a Bachelor of Arts in Political Science and Japanese Studies (2002). Both authors would like to thank Professor Michael J. Bazyler for his support and encouragement throughout the writing and editing pro- cess of this article. 1. Mitsubishi Materials Corp. v. Super. Ct. of Orange County, 130 Cal. Rptr. 2d 734 (2003), affd on rehearing, 6 Cal. Rptr. 3d 159 (2003). 2. Id. at 734. There are two other cases that were consolidated with this case, they are: Ethel Georgean Jaeger, et al., v. Mitsubishi Materials Corp., (No. 814594), and Myrtle Marjorie Martin v. Mitsui & Co., Ltd., etc., et al., (No. BC 216710).","PeriodicalId":83387,"journal":{"name":"UCLA Pacific Basin law journal","volume":"146 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88635596","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Company Law of the People's Republic of China","authors":"S. Huo","doi":"10.5070/P8132022076","DOIUrl":"https://doi.org/10.5070/P8132022076","url":null,"abstract":"COMMENT THE COMPANY LAW OF THE PEOPLE'S REPUBLIC OF CHINA Sunny Huot I. Introduction II. The Economic Environment in China A . O verview B. Before the Company Law III. The Company Law A . O verview B. Limited Liability Companies 1. Setting up Limited Liability Companies ...... 2. Rights and Liabilities of Shareholders ........ 3. Anti-Corruption and Company Supervision .. 4. Synopsis C. Companies Limited by Shares 1. Establishing Companies Limited by Shares... 2. Operation of Companies Limited by Shares.. 3. Share Transfer Restrictions 4. Listed Companies 5. Synopsis IV. Effect of the Company Law A. Previous Legislation B. Meeting Foreign Concerns V . Conclusion I. INTRODUCTION On December 29, 1993, the 5th Session of the Standing Committee of the 8th National People's Congress adopted the Company Law of the People's Republic of China ( Company t J.D. UCLA School of Law, 1995.","PeriodicalId":83387,"journal":{"name":"UCLA Pacific Basin law journal","volume":"52 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"1995-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83308058","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Impact of Multilateral Trade Negotiations on Intellectual Property Laws in Korea","authors":"Sangcheol Song, Seong-Ki Kim","doi":"10.5070/P8131022065","DOIUrl":"https://doi.org/10.5070/P8131022065","url":null,"abstract":"THE IMPACT OF MULTILATERAL TRADE NEGOTIATIONS ON INTELLECTUAL PROPERTY LAWS IN KOREA Sang-Hyun Songt Seong-Ki Kimtt I. The Korean Economy and New Recognition of the R ole of IPR A. The Korean Economy in the 1980s B. Problems in Protecting IPR in Korea C. Recognition of the Role of IPR II. Progress in IPR Legislation in 1986 A . Patents B. Copyrights III. Impact of Multilateral Trade Negotiations A. Spill-over Effects of TRIPS 1. Patents 2. Copyrights 3. Layout-Designs of Integrated Circuits ........ 4. Trade Secrets B. Harmonization with the New International Standards 1. Copyrights 2. Patents 3. Other Rights 4. Civil Remedies and Criminal Penalties ....... IV. Korea's Response to the Changing Environment ..... A. Reorganization of the Chemical Industry ........ B. New Possibilities for the Publishing and Software Industries V . Sum m ary t ft Professor of Law, Seoul National University. Attorney, Kim & Chang, Seoul, Korea.","PeriodicalId":83387,"journal":{"name":"UCLA Pacific Basin law journal","volume":"60 5 Pt 2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"1994-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88628964","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Riding Two Horses: Corporatizing Enterprises and the Emerging Securities Regulatory Regime in China","authors":"A. X. Qian","doi":"10.5070/P8121022049","DOIUrl":"https://doi.org/10.5070/P8121022049","url":null,"abstract":"RIDING TWO HORSES: CORPORATIZING ENTERPRISES AND THE EMERGING SECURITIES REGULATORY REGIME IN CHINA Andrew Xuefeng Qiant INTRODUCTION The global wave of privatization started in Britain in the early 1980s, swept across Latin America and other developing countries or regions,' and is now landing in Eastern Europe and the former Soviet Union Republics. 2 China is not immune to the global privatization wave. Because of differing circumstances and context, however, privatization schemes vary from country to country. China's privatization scheme, its securities program in particular, reflects this fact. In the past, the Chinese government forbade any discussion concerning the establishment of shareholding companies, issu- ance of stocks to the public, or opening of stock exchanges. Pri- vate ownership of stock was thought to be inconsistent with, even heretical to, socialist public ownership, 3 the cornerstone of China's political and economic system. t Expected J.D., Yale Law School, May 1994; M.A., UCLA, 1991; LL.B., For- eign Affairs College, Beijing. I wish to thank Robert Harrison and Timothy Gelatt for helpful comments, M.C. Lee and Adam Ritter for camaraderie-like encourage- ment, and Olivia Burgos for editorial assistance. 1. See CHRISTOPHER ADAM, ADJUSTING PRIVATIZATION: CASE STUDIES FROM DEVELOPING COUNTRIES (1992); see also PRIVATIZATION IN LESS DEVEL- OPED COUNTRIES (Paul Cook & Colin Kirkpatrick eds., 1988). 2. See PRIVATIZATION PROCESS IN CENTRAL EUROPE (Roman Frydman et al. eds., 1993). 3. See XIANFA [Constitution] (PRC), trans. available in LEXIS, Intlaw Li- brary, CHINALAW File. Article 6 of the 1982 Constitution of the People's Repub- lic of China provides that [tihe basis of the socialist economic system of the People's Republic of China is socialist public ownership of the means of production, namely, ownership by the whole people and collective ownership by the working people. Article 7 states that [tihe state economy is the sector of socialist economy under ownership by the whole people; it is the leading force in the national econ- omy. Article 15 says that [tihe state practices economic planning on the basis of socialist public ownership. For a discussion of the 1982 Constitution, see William Jones, The Constitution of the People's Republic of China, 63 WASH. U. L.Q. 707","PeriodicalId":83387,"journal":{"name":"UCLA Pacific Basin law journal","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"1993-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76153861","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE JAPANESE POWER GAME: WHAT IT MEANS FOR AMERICA by William J. Holstein.","authors":"R. Guyon","doi":"10.5070/P891-2022413","DOIUrl":"https://doi.org/10.5070/P891-2022413","url":null,"abstract":"","PeriodicalId":83387,"journal":{"name":"UCLA Pacific Basin law journal","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"1991-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81354265","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Environment and Free Trade: Meeting Halfway at the Mexican Border","authors":"M. H. McKeith","doi":"10.5070/P8101021987","DOIUrl":"https://doi.org/10.5070/P8101021987","url":null,"abstract":"","PeriodicalId":83387,"journal":{"name":"UCLA Pacific Basin law journal","volume":"80 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"1991-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83956834","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The International Mismanagement of Whaling","authors":"Benjamin van Drimmelen","doi":"10.5070/P8101021991","DOIUrl":"https://doi.org/10.5070/P8101021991","url":null,"abstract":"The international regulation of whaling has a relatively short history. There was no need for regulation until the mid-1800s, when more efficient methods of whaling began to emerge. The rapid succession of technological developments, such as the invention of the explosive harpoon in 1868 and the factory ship in 1903, led to the depletion of whale resources at an unprecedented rate. In response to growing international concern, the League of Nations acknowledged the problem of whale over-harvest in 1925.1 A preliminary Convention for the Regulation of Whaling was convened in 1931.2 Four years later, the endangered Grey and Right whales received special protection by agreement within the whaling industry. 3 In 1946, the International Convention for the Regulation of Whaling4 (ICRW) created the International Whaling Commission (IWC) to establish regulations and oversee the recovery of commercial whale species. The IWC worked to progressively reduce whale harvests, and in 1982 declared a worldwide moratorium on commercial whaling to commence in 1985. 5 In addition, Article","PeriodicalId":83387,"journal":{"name":"UCLA Pacific Basin law journal","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"1991-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74799454","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Beijing Trials: Secret Judicial Procedures and the Exclusion of Foreign Observers","authors":"R. Munro","doi":"10.5070/P8101021985","DOIUrl":"https://doi.org/10.5070/P8101021985","url":null,"abstract":"Since January 5, 1991, more than 30 leaders of the 1989 Chinese pro-democracy movement, including Chen Ziming, Wang Juntao, Wang Dan, Ren Wanding and Bao Zunxin, have been brought to trial in Beijing on charges of \"counterrevolution\" and sentenced to prison terms ranging from two to thirteen years.' (Where verdicts have not been announced, human rights organizations are concerned that the sentences may have been considerably heavier.) Many more of those detained after June 4, 1989 remain in prison awaiting trial. While insisting that these trials were openly and fairly conducted, the Chinese government ignored all requests by outside groups to be allowed to observe the trials. Foreign journalists were prevented by squads of uniformed and plainclothes police officials from approaching courthouses where trials were underway, or from filming posted trial-notices. In some cases, even the spouses and","PeriodicalId":83387,"journal":{"name":"UCLA Pacific Basin law journal","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"1991-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79093312","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Suspension of Treaty Relationship: The ANZUS Alliance","authors":"C. Chinkin","doi":"10.5070/P871-2021952","DOIUrl":"https://doi.org/10.5070/P871-2021952","url":null,"abstract":"When states enter into an agreement, they may be formalising a relationship that already existed between them. They will then be shaping in formal terms their preexistent expectations for the sharing of values prescribed by the agreement, rather than establishing an entirely new relationship. An agreement provides a legal environment for what already existed in fact; the anticipation is that it will strengthen and confirm that relationship. This expectation may be furthered by a commitment to permanency in the agreement. However, the expectation of permanency, coupled with a belief that the underlying relationship is sound, may result in the agreement itself being imprecisely worded and seem more like a political commitment rather than a legal one. In these circumstances, the termination or suspension of the original agreement by one or more of the parties against the desires of some or all of the other parties is likely to provoke feelings of frustration and dismay. These feelings will be shared by those parties which did not desire this outcome (which include even the parties which actually terminated or suspended the agreement) as well as third parties which had formulated policies and exercised various options assuming the agreement would continue to be applicable. The termination or suspension of any public agreement is also likely to spawn further claims relating to other situations. The interdependence of relationships means that a single agreement rarely sits and operates alone. Many subsequent developments, both in formal treaty terms and in informal understandings will be made less predictable by the termination. All those affected (even peripherally) will have to reassess their options for future behaviour. A decision to terminate or suspend an agreement may be explained by the parties' original expectations not coinciding as closely as they had thought, a situation that might have been con-","PeriodicalId":83387,"journal":{"name":"UCLA Pacific Basin law journal","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"1990-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82148118","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The American Legal System and Micronesian Customary Law: The Legal Legacy of the United States to the New Nations of the Trust Territory of the Pacific Islands","authors":"Arnett, J. Robert","doi":"10.5070/P841-2021925","DOIUrl":"https://doi.org/10.5070/P841-2021925","url":null,"abstract":"The United States may be on the threshold of terminating a United Nations \"strategic\" trusteeship' under which it has administered a vast number of Pacific island communities since World War II. Many aspects of the administration of the Trust Territory of the Pacific Islands (TTPI) have been critically scrutinized. The United States has been charged with economic neglect 2 and maintaining an \"anthropologic zoo\"' 3 in the period before the early 1960's. The rapidly rising level of appropriations since 1962 combined with United States education policies have created societies economically dependent on the United States,4 ostensibly to keep the islands firmly within the United States political orbit.5 The introduction of","PeriodicalId":83387,"journal":{"name":"UCLA Pacific Basin law journal","volume":"43 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"1985-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85807218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}