Law Commons^™

Legislating Infitah: Investment, Currency, And Foreign Trade Laws, Khaled Mahmoud Fahmy

Faculty Books

No abstract provided.

Transnational Takeover Talk: Regulations Relating To Tender Offers And Insider Trading In The United States, The United Kingdom, Germany, And Australia, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

The Right To Require Performance In International Sales: Towards An International Interpretation Of The Vienna Convention, Amy H. Kastely

Washington Law Review

This Article will explore the remedial provisions of the Convention and some of the issues raised by the uneasy compromise over the right to require performance. Part I will describe the Convention's remedial provisions, illuminated by their drafting history. Part II will evaluate the ability of parties to vary these remedies, and will consider, in particular, the parties' ability to waive or require the remedy of specific performance contractually. A concluding section will offer some general observations regarding interpretation of the Sales Convention.

The Right To Require Performance In International Sales: Towards An International Interpretation Of The Vienna Convention, Amy H. Kastely

Washington Law Review

This Article will explore the remedial provisions of the Convention and some of the issues raised by the uneasy compromise over the right to require performance. Part I will describe the Convention's remedial provisions, illuminated by their drafting history. Part II will evaluate the ability of parties to vary these remedies, and will consider, in particular, the parties' ability to waive or require the remedy of specific performance contractually. A concluding section will offer some general observations regarding interpretation of the Sales Convention.

Uniformity In International Trade Law: The Constitutional Obstacle, Paul J. Davidson

Dalhousie Law Journal

International trade is the life-blood of the Canadian economy. Exports have become the largest single source of jobs in Canada, providing employment for almost three million Canadians and accounting for approximately 30 per cent of the G.N.P.' It is imperative that everything possible should be done to encourage the growth of this vital sector of the economy and that any impediments to such growth should be removed.

Overcoming Bank Secrecy: Assistance In Tax Matters In Switzerland On Behalf Of Foreign Criminal Authorities, Lionel Frei

NYLS Journal of International and Comparative Law

No abstract provided.

The Multifiber Arrangement: Is There A Future Post Uruguay Round?, Joseph Pelzman

Joseph Pelzman

No abstract provided.

Commission V. Germany And Article 36 Protection Of Human Life And Health, Mimi Y. Lee

Northwestern Journal of International Law & Business

Free movement of goods is a fundamental principle of the European Community. Article 36 of the EEC Treaty, however, provides important exceptions to the principle of free movement of goods as embodied in Article 30. Recently, the Court of Justice of the European Community ("Court of Justice" or "Court") has begun to develop a significant body of case law on the protection of human health exception of Article 36. This development coincides with the increasing public interest in consumer protection law, particularly with regard to the production of food-stuffs. Commission of the European Communities v. Federal Republic of Germany presents …

Foreign Securities Offerings In The United States: The Impact Of Sec Clearance Of Denationalized French Stock Issues, John T. Vogel

Vanderbilt Journal of Transnational Law

In response to the growing internationalization of financial markets and the internal deregulation of foreign national securities structures, the United States Government, through the Securities and Exchange Commission (SEC or Commission), has entertained suggestions and has implemented measures to facilitate the flow of capital across United States borders. The world financial community has generally applauded these actions, but has nonetheless continued the call for more reform and liberalization of capital markets. The ideas behind the voices of reform have appeal: less federal regulation means more corporate access to international capital, more opportunities for investors, and a more efficient allocation of …

Amending United States Antidumping Laws To Create A Viable Private Right Of Action: Must Fair Trade Be Free?, Douglas J. Varga

Vanderbilt Journal of Transnational Law

This Note examines the practice of dumping in the context of recent developments in existing United States trade law and explores the potential for an effective, meaningful remedy for adversely affected domestic interests. While the discussion focuses primarily on the private right of action presently found in the 1916 Antidumping Act (1916 Act), the Note also addresses the administrative remedy contained in the 1921 Antidumping Act (1921 Act) in order to both establish a background for the legal structure of trade remedies in general and to identify the differences between the two laws. Part II considers the practice of predatory …

Intellectual Property Rights And The Gatt: United States Goals In The Uruguay Round, Mark L. Damschroder

Vanderbilt Journal of Transnational Law

The pursuit of protection of IP rights is a valuable goal both for the United States and the rest of the world community. Such rights promote creativity and the advancement of knowledge, as well as fuel the domestic economy and improve the position of the United States vis-a-vis the other trading nations of the world. With the growing interdependence of the global economy, there is no time like the present to lay the foundation for a system of dispute settlement of such trade matters. Economic interdependence will continue to increase, and the problems of international trade in, and piracy of, …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

TREATY INTERPRETATION: THEORY AND REALITY

By Edward Slavko Yambrusic

Lanham, Maryland: University Press of America, 1987. Pp.xi, 298. $28.50 hardcover, $15.75 softcover.

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WORLD TRADE RIVALRY: TRADE EQUITY AND COMPETING INDUSTRIAL POLICIES

By William A. Lovett

Lexington, Massachusetts: D.C. Heath, 1987. Pp. xxxv, 260. $35.00.

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A COMPENDIUM OF STATE STATUTES AND INTERNATIONAL TREATIES IN TRUST AND ESTATE LAW: A REFERENCE AND REFERRAL GUIDE FOR PRACTICING ATTORNEYS: THEORY AND REALITY

By M. Henner

Westport, Connecticut: Greenwood Press, 1985. Pp. xii, 279. $55.00.

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MIDDLE EAST LEGAL SYSTEMS

By Sayed Hassan Amin

Glasgow:Royston Limited, 1985. Pp. xv, 419.

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GRENADA: A …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Picketing Outside Foreign Embassies is Protected Speech Under the First Amendment and Restrictions on this Speech Must Serve a Compelling Government Interest and be Narrowly Tailored to the Specific Situation--Boos v. Barry, 108S.Ct. 1157 (1988).

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Notions of Comity and the Act of State Doctrine Preclude U.S. Federal Courts from Exercising Jurisdiction over the Actions of Foreign Corporations when Those Actions Constitute a Violation of U.S. Antitrust Laws but are Protected by Legislation in a Foreign Country--O.N.E. Shipping Ltd. v. Flota Mercante Grancolombiana, S.A., 830 F.2d 449 (2d Cir.1987).

Remedies For Breach Of Contract Under The Uniform Commercial Code, The General Conditions Of Delivery Of Goods Of The Council For Mutual Economic Assistance And The United Nations Convention On Contracts For The International Sale Of Goods, Hasan T. Choudhury

LLM Theses and Essays

This thesis attempts to examine and compare an important component of any law of contract for the sale of goods, namely, the remedies available to an aggrieved party following a breach of contract. The first part of the thesis deals with the historical background of the uniform laws, their scope and specific characteristics. The following chapters examine the status, role and significance of the two major remedies - the damages and specific performance, in the major legal systems and the uniform laws. In addition, it compares the remaining remedial provisions and concludes that, although the major legal systems of the …

Free Movement Of Goods Within The Economic Community Of West African States (Ecowas): Comparisons With European Economic Community (Eec), Theophilus Fuseini-Bart

LLM Theses and Essays

The Treaty establishing the Economic Community of West African States (ECOWAS)is substantially the same as the European Economic Community Treaty although it is not a carbon copy. To understand the subject matter of free movement of goods within the ECOWAS vis a vis the European Communities it will be necessary to discuss the genesis of the two Communities. Also important to discuss are the membership, institutions, and aims and objectives of both ECOWAS and the European Communities (EC). This will not only give a glimpse of the two Communities, especially ECOWAS which is more or less an obscure one, but …

American Export Controls And Extraterritoriality, Isabelle Clement

LLM Theses and Essays

This thesis examines the American extraterritorial approach to controlling the movement of strategic goods abroad on the basis of some connections with the United States. It considers the possible use of existing blocking legislation or principles in other countries to counteract the American use of the extraterritorial approach. Certain conclusions are then drawn about likely future developments.

The Sale Of A Unique Object In The Open Market, Kenneth S. Gallant

Faculty Scholarship

No abstract provided.

Subsidies Under United States Countervailing Duty Law: The Case Of Taiwan, Clyde D. Stoltenberg

Northwestern Journal of International Law & Business

The rapid industrialization of the Republic of China on the island of Taiwan during the past thirty years has been accompanied by the entry of goods "made in Taiwan" into markets around the world. Indeed, foreign trade has become the backbone of Taiwan's economy and the impetus for its economic growth. Between 1976 and 1984, for example, year-to-year growth rates of imports ranged from 7.4% to 34.0%, while export growth ranged from 14.1% to 53.8%. In its ninth medium-term economic plan, the Council of Economic Planning and Development ("CEPD") calls for Taiwan's economy to grow by an annual average of …

American Lamb Company V. United States: Application Of The Reasonable Indication Standard, Nam H. Paik

Northwestern Journal of International Law & Business

The utilization of non-tariff barriers in international trade has taken on significant importance in protecting United States industries from unfair trading practices by foreign competitors. Non-tariff barriers such as antidumping and countervailing duty measures are designed to regulate "unfair methods of competition and unfair acts" by foreign concerns. The regulations promulgated by the International Trade Administration ("ITA") of the Department of Commerce and the International Trade Commission ("ITC"), contain the appropriate measures followed by these agencies in their investigations of potential dumping and countervailing duty violations. If the ITA determines that an investigation is warranted after considering information reasonable available …

Perestroika And Market Socialism: The Effects Of Communism's Slow Thaw On East-West Economic Relations, W. Gary Vause

Northwestern Journal of International Law & Business

The United States post-war foreign policy towards the East has been dominated by a strategic-military orientation. This Perspective will examine East-West relations from a new perspective, one in which an improved climate of economic relations, based upon mutually beneficial trade and investment contacts between the United States and the major communist nations, provides a complement for diplomatic efforts to reduce global military tensions. The threshold analytical premise of this study is that United States foreign policy must be addressed as a comprehensive whole, and that foreign economic, human rights, political and geostrategic policies are not only interdependent, but indivisible. Decisions …

Debt/Equity Swaps And Mexican Law: The Interplay Between Law And Regulation, Mark B. Baker

Northwestern Journal of International Law & Business

Undeniably, one of the most significant current economic issues is the role of Direct Foreign Investment ("DFI") in the continued development of all nations, rich and poor. History has shown that successful DFI requires a delicate balance between the investor and host country. The emerging view (and one supported by the plethora of recently enacted or modified Foreign Investment Codes) is to seek only those investments from abroad which might be characterized as "beneficial" to the host country. The United States of Mexico has addressed the question of Direct Foreign Investment for many years. In doing so, Mexican policy regarding …

Controlling Diversion: How Can We Convert The Toshiba-Kongsberg Controversy Into A Victory For The West, Jere W. Morehead

Northwestern Journal of International Law & Business

Since the revelations last year that a Toshiba Corporation subsidiary illegally sold the Soviet Union tools to make superquiet submarine propellers, the United States government has struggled to develop an appropriate response for punishing the Japanese company. Unfortunately, the proposals advanced by the United States have not been directed at using this episode to advance meaningful reforms in both domestic and multilateral export controls. This Perspective will examine the Toshiba-Kongsberg case, summarize the current state of export controls, and suggest a strategy to improve upon the poor record of the West in controlling the diversion of strategic technology to the …

Brazil's Informatics Bargaining Chip: Playing The Third World Card, Leigh E. Thomas

University of Miami Inter-American Law Review

No abstract provided.

Damming The Third World: Multilateral Development Banks, Environmental Diseconomies, And International Reform Pressures On The Lending Process, Zygmunt J.B. Plater

Zygmunt J.B. Plater

No abstract provided.