Digital Commons Network^™

An Update On Brazilian Trading Companies And Export Credit, Thomas J. Skola

University of Miami Inter-American Law Review

No abstract provided.

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 …

Standards For The Application Of United States Antitrust Law In An International Environment, William F. Baxter

BYU Law Review

No abstract provided.

A Fickle Formulation: U.S. Plays Nursemaid To The Marketplace, Colleen A. Brown

In the Public Interest

No abstract provided.

Commercial Treaties And Foreign Companies: The Mutually Reinforcing Principles Of Remedial Antitrust And National Treatment, Alan Van Kampen

University of Michigan Journal of Law Reform

This Note argues that greater appreciation for the nature and importance of national treatment obligations will compel tribunals fashioning antitrust relief to provide more suitably for foreign firms, and thus avoid straining international trade relations. Moreover, because antitrust relief and national treatment objectives are mutually reinforcing, greater recognition of national treatment requirements should improve remedial orders from the standpoint of antitrust economics. Meeting national treatment requirements should place little added burden on the antitrust tribunal; it must merely extend impartial economic analysis to all market suppliers, not just domestic firms.

This Note explores methods to ensure that antitrust relief orders …

Onshore And Offshore Solutions To The Nonfuel Minerals Shortage, G. Kevin Jones

BYU Law Review

No abstract provided.

Parallel Importation Of Trademarked Goods: A Comparative Analysis, Kaoru Takamatsu

Washington Law Review

This Article reviews how major countries and common markets, including the United States, Japan and the European Community, have dealt with the problem of parallel importation. It then suggests common criteria to solve this problem in each nation. It concludes that the proper results in parallel importation cases will be reached if the problem is analyzed in terms of the major functions of trademarks.

The Internationalization Of The American Economy: The Textile Industry, Joseph Pelzman

Joseph Pelzman

No abstract provided.

Anti-Dumping Law In A Liberal Trade Order, Michigan Law Review

Michigan Law Review

A Review of Anti-Dumping Law in a Liberal Trade Order by Richard Dale

A Note On Uncertain Lifetimes: A Comment, Joseph Pelzman, Don Rousslang

Joseph Pelzman

No abstract provided.

Government Supports United States Exporters, Jon H. Sylvester, Anthony F. Essaye

Publications

The latest addition to the US law of international trade, the Export Trading Company Act of 1982 (the Act), was passed by Congress with a claim that it will put US exporters on more competitive footing with their foreign counterparts.

Brazil's Profit Remittance Law: Reconciling Goals In Foreign Investments, Jan Hoffman French

Sociology and Anthropology Faculty Publications

Promoting foreign investment is a goal of many developing nations. Along with the benefits of that investment, however, foreign participation in development creates problems such as balance of payments deficits caused by the repatriation of profits earned by the foreign investor. Brazil's profit remittance law is one effort to reconcile these problems. By providing for the registration of foreign investment and using a system of reinvestment incentives, the Profit Remittance Law seeks to promote foreign investment while avoiding the loss of capital which results when profits are remitted abroad. The author of this article describes and explains the Profit Remittance …

Tax Havens, Charles R. Irish

Vanderbilt Journal of Transnational Law

Opinions about tax havens cover a wide spectrum. Some suggest tax havens present an unacceptable face of capitalism and inflict considerable damage on the economies of nonhaven countries. Others argue that havens offer relief from oppressive taxes and other regulations which inhibit the free and efficient flow of capital; and still others hold the view that tax haven status may act as a catalyst for economic development. Obviously, the opinions vary according to whether a person is a tax collector in a non-haven country, a taxpayer engaged in international business activities, or a government policymaker in a haven country.

The …

The Concepts Of Similarity And Indirect Protection Under Eec Treaty Article 95: The Alcohol Cases, Steven R. Swanson

Vanderbilt Journal of Transnational Law

One of the purposes of the Common Market is to create a single economic unit in which the sector that produces a particular good most efficiently will do so while driving out less efficient industries. This maximizes the use of scarce monetary, raw material, and labor resources. For example, assuming that there are no trade barriers, if the Italians can produce grapes more cheaply than the Germans, they will do so and export the grapes to Germany. Conversely, Germany may be able to export cars if it can produce them more efficiently and cheaply than the other Common Market states. …

Symposium Introduction, Terry Calvani

Vanderbilt Journal of Transnational Law

This Symposium issue of the Vanderbilt Journal of Transnational Law presents a collection of excellent articles on current antitrust law and United States international trade practices by some of the most knowledgeable scholars in the field, all of whom possess not only superb academic credentials but also a wealth of experience in international antitrust practice. Wilbur Fugate, former chief of the Foreign Commerce Section of the Antitrust Division and a distinguished author on antitrust and foreign commerce, opens the Symposium by examining the Webb-Pomerene Act" in light of the very recently enacted Export Trading Company Act of 1982...

The Symposium …

The Export Trade Exception To The Antitrust Laws: The Old Webb-Pomerene Act And The New Export Trading Company Act, Wilbur L. Fugate

Vanderbilt Journal of Transnational Law

This Article discusses the history of the Webb Act as a prelude to a discussion of the new legislation. Because the standards in the new Export Act are similar to those in the Webb Act, the precedents under the Webb Act will remain important for interpreting the new legislation. Furthermore, a review of the Webb Act and of the alternatives proposed over the years gives an insight into the reasoning behind having an export exception to the antitrust laws... This Article will examine the Webb Act and its operation; the courts' treatment of the Webb Act; the manifold suggestions and …

Draft International Anticounterfeiting Code: Neo-Realism As A Vehicle For Analyzing The Effect Of Nonsignatories' Perceptions On The Development Of An Anticounterfeiting Norm, Shari D. Olenick

Vanderbilt Journal of Transnational Law

NOTE -

The United States, the European Common Market (EEC), Canada, and Japan are currently considering a draft convention entitled "Agreement on Measures to Discourage the Importation of Counterfeit Goods' (hereinafter referred to as the Anticounterfeiting Code or Code) which is designed to minimize the international problem posed by counterfeit merchandise. This Note highlights the international legal significance of the counterfeiting problem. Previous attempts to confront the problem provide the backdrop for a tripartite analysis which treats the following issues in the proposed Code: workability questions evident from an initial examination of the Code; the Code as a norm-creating vehicle; …

Updating The Antitrust Guide On International Operations, Eleanor M. Fox

Vanderbilt Journal of Transnational Law

Since the enactment of the antitrust laws, policy makers, scholars, and business executives have debated whether the United States antitrust laws chill export and investment abroad. The terms of the debate have not changed significantly for more than a decade. The law and the government's enforcement policies, however, have changed. Since the United States Department of Justice issued its Guide on Antitrust and International Operations (Guide) on January 26, 1977, law and enforcement policy have become more hospitable to private business decisions that would increase exports and foreign investment.

This Article attempts to update the Guide. It is confined largely …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Books Received

CANADIAN CRIMINAL LAW: INTERNATIONAL AND TRANSNATIONAL ASPECTS

By Sharon A. Williams and J. G. Castel

Toronto: Butterworth's, 1981. Pp. 513. $80.00.

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CASES AND MATERIALS ON SALE OF GOODS

By John Adams

London & Canberra: Croom Helm: Ltd., 1982. Pp. 174. $15.50.

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THE DEFENSE POLICIES OF NATIONS: A COMPARATIVE STUDY

Edited by Douglas J. Murray and Paul R. Viotti

Baltimore and London: The Johns Hopkins University Press, 1982. Pp. 525. $35.00 (cloth), $12.95 (paper)

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DOCUMENTS ON THE LAWS OF WAR

Edited by Adam Roberts and Richard Guelff

New York: the Clarendon Press; Oxford University Press, 1982. …

Applying Antidumping Law To Perishable Agricultural Goods, Michigan Law Review

Michigan Law Review

This Note argues that the general sort of econometric test relied on by the Commerce Department in Mexican Vegetables represents a clear improvement over traditional price comparison methodology. Part I outlines important procedural and substantive aspects of the antidumping enforcement scheme and identifies several features of the traditional methodology that increase the likelihood of a less-than-fair-value finding in cases involving substantial price variation. Part II analyzes the economic characteristics of perishable agricultural goods that often produce wide variations in their prices. Part III finds that both the legislative history of the antidumping statute and economic theory proscribe only predatory pricing …

Legal Aspects Of Doing Business With And In Hungary, Lajos Schmidt

Vanderbilt Journal of Transnational Law

A recent New York Times article describes Hungary as "the Communist world's economic showcase, with plenty of goods in the shops and a fair measure of political liberty." It points out that while Poland is struggling with idle factories and empty stores, Romania has introduced food rationing and Czechoslovakia may do the same, the Soviet Union is buying foreign grain to bridge the winter, and East Germany is feeling the impact of rising energy prices and a widening trade gap, Hungary is prospering. How can a small member of the Council for Mutual Economic Assistance (COMECON) with little mineral or …

Recent Development, Platte B. Moring, Iii

Vanderbilt Journal of Transnational Law

While few commentators question the international status of the Community in relation to the Member States and those countries with which it has negotiated treaties, the question of whether the Common Market possesses a universally recognizable personality remains open. In determining the international status of the United Nations, the ICJ in the Reparations Case stated that fifty states, "representing the vast majority of the members of the international community, had the power in conformity with international law to bring into being an entity possessing an objective international personality and not only personality recognized by them alone. If this recognition standard …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

The Law of Transnational Business Transactions

Edited by Ved P. Nanda

New York: Clark Boardman Company, Ltd., 1981.Pp. 631. Looseleaf (Supplemented periodically). $75.00.

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Managing the Risks of International Agreement

By Richard B. Bilder

Madison, Wisconsin: The University of Wisconsin Press, 1981. Pp. 302. $22.50.

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The Family in International Law: Some Emerging Problems

Edited by Richard B. Lillich

Charlottesville, Virginia: The Michie Company, 1981. Pp. 164.

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International Aspects of Criminal Law: Enforcing United States Law in the World Community

Edited by Richard B. Lillich

Charlottesville, Virginia: The Michie Company, 1981. Pp.245.

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Boundaries: National Autonomy and its Limits …

The Impact Of United States Antitrust Law On The Balance Of Trade, David N. Goldsweig, Kenneth D. Enborg, Thomas F. Walton

Vanderbilt Journal of Transnational Law

This Article explores the underlying propositions that the United States antitrust agencies have created a barrier to the export of United States industrial goods or have impeded their domestic manufacture with respect to this nation's major trading partners. We conclude that neither proposition is well supported by solid evidence, although improved cooperation among Government and business and a less litigious climate are desirable in this area as well as all other industry-government relations." This Article first considers the impact of antitrust enforcement on the export or overseas distribution stage of United States domestic producers and then turns to the effect …

Agricultural Trade And Section 22, Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Revenue Seeking: A Generalization Of The Theory Of Tariffs – A Correction, Jagdish N. Bhagwati, T.N. Srinivasan

Faculty Scholarship

In our paper on "Revenue Seeking: A Generalization of the Theory of Tariffs" (1980), we extended the theory of tariffs to include revenue seeking. We also compared tariffs with quotas, under seeking activities associated with the revenues from the former and with the rents (i.e., license premia) from the latter.

The Foreign Trade Antitrust Improvements Act Of 1981, George E. Garvey

Scholarly Articles

This article will explore the effects of the antitrust laws on international trade and the probable reasons for any adverse impact. It will then consider the primary alternative legislative proposal intended to remedy the perceived antitrust barrier to trade, the Export Trade Association Act of 1981. Finally, the article examines the responsiveness of the Antitrust Improvements Act to the problems and the potential hazards of an altered antitrust policy.

Memorandum, Unidroit Study Group On Codification Of International Trade Law, Second Session, April 5-10, 1982, Peter Winship

Faculty Journal Articles and Book Chapters

The UNIDROIT study group on the progressive codification of international trade law held its second session in Rome from April 5-10, 1982. The 17 participants reviewed draft texts on the rules governing the substantive validity of international contracts (UNIDROIT Study L, Docs. 20 & 21). Although the session discussed in detail the substance of these drafts it did not have time to prepare final texts. At the end of the meeting it was understood that Michael Bonell of the UNIDROIT Secretariat, who had acted as secretary to the session, would prepare a summary of the discussions and the draftsmen of …

Directly Unproductive, Profit-Seeking (Dup) Activities, Jagdish N. Bhagwati

Faculty Scholarship

This paper proposes directly unproductive, profit-seeking (DUP) activities as a general concept that embraces a wide range of recently analyzed economic activities, including the subset of rent-seeking activities considered by Krueger. It then proceeds to provide a syn-thesis and generalization of the welfare-theoretic analysis of such activities by developing a fourfold categorization of cases depending on the levels of distortions before and after the DUP activity. Thus a unification and overview of the subject are achieved.