Law Commons^™

The European Community-1992 And Beyond: The Implications Of A Single Europe On Intellectual Property, William J. Keating

Penn State International Law Review

This Article will describe some of the inconsistencies between the EC law and the intellectual property laws of individual member states. It will also attempt to suggest solutions to resolve the conflicts.

The Export-Import Bank Of The United States' Battle Against Subsidized Export Credits, Dean C. Alexander

Penn State International Law Review

The purpose of this article is multi-faceted. Part I provides an overview of the Export-Import Bank of the United States (Eximbank). Part II defines'and analyzes export credits. Part III describes how export credits encourage the promotion of exports. Part IV furnishes an overview of mixed credits. Part V focuses on the use of tied aid credits. Part VI explains which nations promote exports through the use of tied aid credits and mixed credits. Part VII discusses what type of exports are generally assisted by tied aid credits and mixed credits. Part VIII examines the various mechanisms which the Organisation for …

Cites And The Regulation Of International Trade In Endangered Species Of Flora: A Critical Appraisal, William C. Burns

Penn State International Law Review

This article focuses on the effectiveness of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in preserving endangered species of flora. The overarching thesis will be that the Convention has contributed to the protection of flora, but several measures are still necessary to strengthen implementation of the treaty at the beginning of the next crucial,.decade. The analysis of this thesis will examine the importance of flora species as a global resource and examine the historical record, of CITES to effectively preserve endangered flora species. Finally, .this article proffers several proposals intended to enhance the …

Bartering With The Bolsheviks: A Guide To Countertrading With The Soviet Union, Marcie Marino

Penn State International Law Review

This Comment will examine the decisions businesses must make in determining whether to enter into countertrade agreements with the Soviet Union. It will discuss typical countertrade contracts and what provisions a United States business should negotiate for. It will then discuss the relevant laws on countertrade in the United States and in the Soviet Union.

The Future Monitoring Role Of Gatt In An International Arena Of Non-Tariff Barriers: A Proposal From A Law And Economics Perspective, Andrew C. Blanar, Jean-Louis L. Arcand

Penn State International Law Review

The General Agreement on Tariffs and Trade (GATT) was implemented to provide uniform guidelines in the regulation of international trade. While the GATT is an agreement based on legal rules of construction and enforceability, the underlying impetus to its creation is economic in nature. This article examines the hindered effectiveness of the legal aspects of the GATT, and it provides insight into the economic theory that promotes this inefficiency.

Countervailing Subsidization: Another Missile In The Trade Law Arsenal?, Francois E.J. Tougas

Penn State International Law Review

This article concentrates on the findings of the Canadian Import Tribunal (CIT, predecessor to the Canadian International Trade Tribunal) in their report entitled, Subsidized Grain Corn from the United States of America. To understand the nature of the problem with which the CIT dealt, it will be necessary to look at some of the background and peculiarities of the regulation of international trade in commodities. After a brief discussion of international and comparative discipline in the area of trade impact, of which material injury is a part, Canadian case law will be examined in order to establish trends in …

The Hamiltonian Paradigm And The International Securities Market: Reversing American Industry's Relative Decline In The Twenty-First Century, Bernard M. Rethore

Penn State International Law Review

This article discusses the eighteenth century understanding of the subtle equilibrium between polity, economy, and government; the deleterious effect of the laissez-faire heterodoxy that entrenched itself during the nineteenth century; and, the adverse reaction that occurred in the twentieth century. In turn, this article shifts its inquiry toward the internationalization of world financial markets as a guide for how United States industry can reclaim its patrimony: by encouraging a re-adoption of the eighteenth century model of the proper balance between government and commerce. Finally, using the example provided by the move toward an international financial market, this article concludes that …

The United States Customs Service's Regulation Of Grey Market Imports: Does It Preserve The Broad Protections Afforded By Section 526 Of The Tariff Act Of 1930?, Pierrette Alyssa Newman

Penn State International Law Review

This Comment will evaluate whether the current import regulation of grey market goods is necessary in light of modern trademark theory. Section II gives an overview of the functions of a trademark, discusses registration procedures, and considers the effect of parallel imports in the international marketplace. Section III examines the relevant statutory provisions governing the importation of genuine goods, while Section IV analyzes the recent legislative attempt to codify Customs regulations and the impact this bill would have on the rights of the United States trademark owner as opposed to the consumer's interests. The Comment concludes by evaluating proposed solutions …

"It Is Better To Enter A Tiger's Mouth Than A Court Of Law" Or Dispute Resolution Alternatives In U.S.-China Trade, Steven N. Robinson, George R.A. Doumar

Penn State International Law Review

This article examines the influence Chinese attitudes toward law have upon the various methods of dispute resolution in United States-China trade. It concludes that, although reasonably effective mechanisms for the resolution of disputes are available, the primary emphasis of counsel should be to prevent the dispute from occurring through promoting informed negotiation of the original contract.

Coimterpurchase Contracts And Their Contractual Issues, Joseph J. Van Dort, Eliard Friese

Penn State International Law Review

This article introduces the three main forms of countertrade, offering an overview of the legal problems attendant upon entering into a countertrade and counterpurchase agreement. Various contract provisions are examined, and an explanation is given as to the impact· of each.

Gatt And The Vra: Japanese Automobile Imports And Trade Protectionism, Gregory S. Kurey

Penn State International Law Review

This Comment discusses the international trade implications of the VRA on Japanese-American automobile trade and the utilization of GATT as a legal instrument for addressing the problem at hand. The comment begins with a basic overview of the development of the import problem and the current status of the VRA. The Comment will then discuss the traditional applications of the Article XIX escape clause provision of GATT, its shortcomings, and potential changes that would increase GATT's effectiveness in dealing with the Japanese import problem and escape clause actions. While other legal commentators have addressed these same issues, changes in the …

The Gatt Dispute Settlement Procedure In The 1980s: Where Do We Go From Here?, Patricia Kalla

Penn State International Law Review

This Comment will examine the GATT dispute settlement procedure in relation to its operative context. Emphasis is on determining the true origin of the dispute settlement system's inefficacy. An overview of historical developments will be followed by an explanation of the dispute settlement law and procedure. Noncompliance with GATT rules and remedial efforts to correct that noncompliance will be examined at some length. Finally, the necessity for future reform of the dispute settlement procedure will be discussed.

Causation Under The Escape Clause: The Case For Retaining The "Substantial Clause" Standard, Kevin C. Kennedy

Penn State International Law Review

This Article will begin by briefly discussing the history of section 201 of the Trade Act of 1974. It will then examine the "substantial cause" standard and analyze a recent proposal by Congress to relax that standard.

Impact Of The United States International Trade Commission On Commercial Transactions, Italo H. Ablondi, Pamela A. Mccarthy

Penn State International Law Review

The impact of the decisions and actions of the United States International Trade Commission (ITC) upon international commercial transactions is not only far-reaching but also triggers an enormously varied response.

A Proposal To Abolish The U.S. Court Of International Trade, Kevin C. Kennedy

Penn State International Law Review

In 1980 Congress enacted the Customs Courts Act of 1980, a law designed to "improve the Federal judicial machinery by clarifying and revising certain provisions of title 28, United States Code, relating to the judiciary and judicial review of international trade matters." Among the revisions enacted was the enlargement of the jurisdiction of the United States Customs Court, renamed the United States Court of International Trade ("CIT") over most actions involving import transactions into the United States. Born out of a legislative concern that litigants were bring frustrated in their attempts to obtain judicial review, the Customs Courts Act of …

Export Trade Certificates Of Review: Will Efficacy Be Permitted?, John A. Maher, Nancy J. Lamont

Penn State International Law Review

A vital concept explicit in the Export Trading Company Act (ETCA) and implicit in its Title III is that the time has come for American export cartelism. This is in response to a world in which international trading does not routinely honor the competition principles to which the United States ordinarliy adheres. Despite various successful and unsuccessful attempts, it is not America's job to reform the world. It is foolish to expect American companies to compete in world markets on terms other than those which govern their competitors.

Some Aspects Of United States-Korean Trade Relations, Tae Hee Lee

Penn State International Law Review

What follows is a general orientation for lawyers to the most pressing problems affecting United States-Korean trade relations. Most of these problems are not traditionally legal in the narrow sense. Instead, they result from major differences in Korean and American economic and political policies, as well as the even greater cultural and economic differences between the two countries.

I have titled what follows an overview - an aerial photograph of the terrain - showing the main features of the geography. These features, however, cannot be presented all at once as in a photograph, but must be presented ad seriatim in …