Law Commons^™

The Eec Merger Regulation And Its Impact On Non-Eec Businesses, Alec Burnside, Carl Meyntjens False

BYU Law Review

No abstract provided.

Gains From A Unified European Community Public Procurement Market: An Analysis Using Auction Theory, Lorie Johnson

BYU Law Review

No abstract provided.

Developments In Ec Procurement Law Under The 1992 Program, Charlene Barshefsky, Alastair Sutton False, Jo Anne Swindler

BYU Law Review

No abstract provided.

Direct Taxation-Whither In The Single Market Of 1992?, Philip Bentley

BYU Law Review

No abstract provided.

Company Law In The European Single Market, Richard D. English

BYU Law Review

No abstract provided.

Realizing The European Community Common Market By Unifying Intellectual Property Law: Deadline 1992, Victor Vandebeek

BYU Law Review

No abstract provided.

The European Court Of Justice: Last Hope For 1992, Eugene C. Austin

BYU Law Review

No abstract provided.

The Emergence Of The Social Dimension Of The European Economic Community, Timothy W. Dowdy

BYU Law Review

No abstract provided.

The European Community's Common Agricultural Policy Predicament: Exacerbation By Spain And Portugal's Entry And Proposed Solutions, Christian Henrie Jensen

BYU Law Review

No abstract provided.

An Entity For Community Cooperation: The European Economic Interest Grouping, P. Sterling Kerr

BYU Law Review

No abstract provided.

The European Community In 1992: An Integrated Approach To Economy And Ecology, Susan Polizzotto, Patricia L. Latulippe False

BYU Law Review

No abstract provided.

Lome Iv-No "Fortress Europe", Jini L. Roby

BYU Law Review

No abstract provided.

Coordinating Taxes In The European Economic Community: What Can Be Done By 1992?, Brent D. Rose

BYU Law Review

No abstract provided.

The New Approach To The Elimination Of Technical Barriers In The European Community, Bernard Van De Walle De Ghelcke, Gerwin Van Gerven False, Koen Platteau

BYU Law Review

No abstract provided.

Europe, 1992: Riding High On The Fourth Wave, Gunnar P. Nielsson

BYU Law Review

No abstract provided.

The European Community's Second Banking Directive And U.S. Banking Regulation: Preparing For A Multilateral Agreement For The Trade Of Services, Douglas L. Hymas

BYU Law Review

No abstract provided.

The "1992 Project": Stages, Structures, Results And Prospects, Claus-Dieter Ehlermann

Michigan Journal of International Law

The "1992 project" has radically changed the European Community. It has given the "common market" new impetus and has lifted the Community out of the deep crisis in which it was bogged down in the first half of the 1980s. The consensus which has been re-established amongst all the Member States through the "internal market" exercise was enshrined in the Single European Act and the acceptance of the Delors package in February 1988. The financial underpinning of the "1992 project," through the reform of the structural funds and the Community's finance system, has given the "internal market" exercise such credibility …

Panel Discussion: Europe 1992, Eric Stein, Jochen A. Frowein, Jacques J.H.J. Bourgeois, Edwin Vermulst, Reinhard Quick

Michigan Journal of International Law

Transcript of a panel on Europe in 1992.

International Banking Secrecy: Developments In Europe Prompt New Approaches, Richard J. Gagnon Jr.

Vanderbilt Journal of Transnational Law

The frequent connection between banking secrecy and various corrupt political and business practices has drawn considerable attention from non-secrecy states. In Europe, the issue presently is ripe because of the European Community's plans for a unified economy in 1992. This Note begins with a moral and historical examination of banking secrecy. Then, the author reveals the banking practices and legal structures through which banking secrecy is exploited. The author next sets forth the substantive banking secrecy laws of four European states and attempts to surmise the direction of their policies regarding banking secrecy. Next, the author describes past attempts, both …

The European Economic Interest Group (Eeig): A New European Business Entity, Daniel T. Murphy

Vanderbilt Journal of Transnational Law

This Article analyzes the European Communities Regulation establishing the European Economic Interest Group (EEIG), a commercial entity whose purpose is to facilitate the economic interests of its members. Dean Murphy emphasizes that the Regulation establishes the EEIG as a Community-wide legal entity but leaves regulation of many aspects of the EEIG's status and operation to the laws of the Member States. The Regulation institutionalizes and encourages cross-border business cooperation while allowing flexibility. Dean Murphy analyzes the Regulation's provisions for formation, operation, and termination of the EEIG. He concludes that the EEIG will likely prove to be a convenient and popular …

A New Look At The European Economic Community Directive On Insider Trading, Amy E. Stutz

Vanderbilt Journal of Transnational Law

On 13 November 1989, the European Council passed a directive on the regulation of insider trading. This legislation is designed to coordinate the various laws of the European Economic Community states and to encourage investor confidence in their securities markets. In analyzing the directive, the author proposes the United States experience in the regulation of insider trading as a model for the efforts of the EEC. Considering both the strengths and weaknesses of the United States experience, the author describes the United States shift in emphasis from the regulation of individuals to the regulation of institutions. This shift reflects the …

A U.S. Perspective On The Ec Hormones Directive, Holly Hammonds

Michigan Journal of International Law

On December 31, 1985, the European Community ["EC"] adopted the "Council Directive Prohibiting the Use in Livestock Farming of Certain Substances Having a Hormonal Action" ("the Directive"). The directive, originally scheduled to take effect on January 1, 1988, prohibits the use of hormones, natural and synthetic, in livestock production and the sale of meat treated with hormones in the EC market. The United States believes that the directive violates the requirements of the Agreement on Technical Barriers to Trade ("Standards Code" or "Code").

Coherence And The European Court Of Human Rights: The Adjudicative Background To The Soering Case, Colin Warbrick

Michigan Journal of International Law

On January 1, 1990, the Eighth Protocol to the European Convention on Human Rights came into force. This Protocol makes some amendments to the structure and procedure set out in the Convention itself. The need for reform was created by the increasing workload of the institutions, which had reached such a level that the backlog of applications before the Commission would have continued to increase at a greater rate than the Commission's capacity to dispose of them. There are several reasons for this overwhelming burden. The acceptances by States of the right of individual application under article 25 have been …

The European Community's Second Banking Directive: Can Antiquated United States Legislation Keep Pace?, Christopher T. Toll

Vanderbilt Journal of Transnational Law

The European Community recently adopted the Second Banking Directive, which will lead to liberalized banking regulation throughout the Member States. Community banks will engage in a broad range of activities including commercial lending, selling securities, and issuing insurance. This broad range of activities will allow Community banks to compete more efficiently in global markets. In contrast, the strict regulatory structure of the United States includes the Glass-Steagall Act, which separates investment banking and commercial banking. This separation creates inefficiencies that reduce the competitiveness of United States banks in both international and United States markets. These inefficiencies are highlighted by the …

Choice Of Law Clauses In Consumer Contracts: A Comparative Study Of American And E.E.C. Law, Jean-Marie Henckaerts

LLM Theses and Essays

The selection of the law applicable to a certain relationship may seem to be the sole purpose of choice of law rules. However, it is questionable whether this choice should be made independent from the content of the various laws available. The selection of the most appropriate law cannot disregard the social, economic and political values that form the basis of substantive rules. In modern legal systems, social values such as consumer protection are recognized to a growing extent.

The present work explores the concept of choice of law – namely party autonomy with a focus on consumer contracts in …

A European Peace Order And The German Question: Legal And Political Aspects, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

The Role Of The Court Of Justice In The Implementation Of The Single European Act, Michel Waelbroeck

Michigan Journal of International Law

This paper will begin by evoking the judicial achievements obtained on the eve of the enactment of the Single European Act. Next, it will explain the innovations introduced by the Single European Act, and emphasize the divergent interpretations that they are likely to receive. Then, the author will modestly strive to express several personal suggestions for a solution, as an external observer.

Natural Gas In The European Internal Market: A Comparative Analysis Of Common Carriage And Price Transparency, Ernst-Joachim Mestmäcker

Michigan Journal of International Law

After reviewing the general goals of a common energy policy, this paper provides a comprehensive comparative study analyzing the potential effects of common carriage and price transparency in the Community's natural gas market. Direct comparisons are made between market structures and regulatory policies in the United States, Great Britain, and the Federal Republic of Germany. After extensive analysis, the author concludes that the plans laid out by the Commission reveal conflicting objectives, require extensive new regulation, and are incompatible with the system of undistorted competition guaranteed by the EEC Treaty.

The Hormone Conflict Between The Eec And The United States Within The Context Of Gatt, Werner P. Meng

Michigan Journal of International Law

For many years, consumer organizations within the European Community have demanded the prohibition of natural and synthetic hormones from use in animal fodder. Since the level of hormone use by breeders varies among Member States, demands for a hormone prohibition have also differed in intensity from State to State. After lengthy negotiations beset with legal difficulties, a general, community-wide prohibition became reality at the beginning of 1989. The price of this policy has been trade difficulties with the United States which, up to the present time,' have resulted in trade sanctions and economic losses on both sides. Since both parties …

Companies In The European Community: Are The Conflict-Of-Law Rules Ready For 1992?, Andreas Reindl

Michigan Journal of International Law

This article describes the current situation in the emerging integrated system of the European Community, focusing on the potential conflict between Community rules on the freedom of establishment and national conflict-of-law rules relating to companies. In the first part, I shall outline the relevant provisions of EC law and the two conflict-of-law concepts presently exhibited in the national laws of the Member States. In the second part, I shall discuss three cases in which the European Court of Justice recently addressed this subject. In the third part, I shall analyze the impact of the Court's opinions, and finally outline options …