Law Commons^™

U.S.-China Trade: Textiles, Brenda A. Jacobs

Georgia Journal of International & Comparative Law

No abstract provided.

U.S.-China Textile Trade: An Introduction, C. Donald Johnson

Georgia Journal of International & Comparative Law

No abstract provided.

U.S.-China Trade: Opportunities And Challenges - Keynote Address, Theodore W. Kassinger

Georgia Journal of International & Comparative Law

No abstract provided.

American Parent Bank Liability For Foreign Branch Deposits: Which Party Bears Sovereign Risk?, Adam Telanoff

Pepperdine Law Review

No abstract provided.

The United States-Canada Free Trade Agreement: Exporting Art By The Numbers, James A.R. Nafziger, Mary P. Rooklidge

Pepperdine Law Review

No abstract provided.

Regulatory Conflicts: International Tender And Exchange Offers In The 1990s, John C. Maguire

Pepperdine Law Review

No abstract provided.

Prospects For Satisfactory Dispute Resolution Of Private Commercial Disputes Under The North American Free Trade Agreement, Jonathan I. Miller

Pepperdine Law Review

No abstract provided.

Federal Judicial And Legislative Jurisdiction Over Entities Abroad: The Long-Arm Of U.S. Antitrust Law And Viable Solutions Beyond The Timberlane/Restatement Comity Approach, Michael G. Mckinnon

Pepperdine Law Review

No abstract provided.

U.S. And Canadian Federalism: Implications For International Trade Regulation, Gregory W. Bowman

West Virginia Law Review

No abstract provided.

Infuturia Global Ltd. V. Sequus Pharmaceuticals, Inc.: The Breadth Of Removal Jurisdiction Under 9 U.S.C. § 205, Conor Burden Leonard

Golden Gate University Law Review

In Infuturia Global Ltd. v. Sequus Pharmaceuticals, Inc., the U.S. Court of Appeals for the Ninth Circuit analyzed the scope of federal removal jurisdiction over matters related to certain international arbitration agreements and awards. In doing so, the Ninth Circuit articulated a broad standard to determine whether a federal court is an appropriate forum to hear a dispute related to a foreign arbitration agreement or award. The Ninth Circuit interpreted the key language of the relevant provision to permit removal whenever there is an arbitral award or agreement that “could conceivably affect the outcome of the plaintiff’s suit.”

Paul Timmermans On Invisible War: The United States And The Iraq Sanctions. By Joy Gordon. Cambridge, Ma: Harvard University Press, 2010. 359 Pp., Paul Timmermans

Human Rights & Human Welfare

A review of:

Invisible War: The United States and the Iraq Sanctions. By Joy Gordon. Cambridge, MA: Harvard University Press, 2010. 359 pp.

Corporate Taxation And International Charter Competition, Mitchell A. Kane, Edward B. Rock

Michigan Law Review

Corporate charter competition has become an increasingly international phenomenon. The thesis of this Article is that this development in corporate law requires a greater focus on corporate tax law. We first demonstrate how a tax system's capacity to distort the international charter market depends both upon its approach to determining corporate location and upon the extent to which it taxes foreign source corporate profits. We also show, however, that it is not possible to remove all distortions through modifications to the tax system alone. We present instead two alternative methods for preserving an international charter market. The first-best solution involves …

Conflicts Diamonds: U.S. Responsibility And Response, Edward R. Fluet

San Diego International Law Journal

This Article will examine U.S. and international efforts to combat the trade in conflict diamonds. Specifically, this article will detail their failures and examine the need for U.S. backed legislation to prevent the conflict diamond trade more effectively. This article proceeds as follows: Part I will examine the effect of the conflict diamond trade on those caught in the grip of civil war and terrorism. Part II will analyze international efforts to curtail conflict diamonds trade, specifically examining international support of the Kimberley Process. Part III and IV will examine the United States'efforts to regulate conflict diamonds and the inherent …

An Evaluation Of Current Legitimacy-Based Objections To Nafta's Chapter 11 Investment Dispute Resolution Process, Naveen Gurudevan

San Diego International Law Journal

The year 1994 saw the conclusion of a very important trilateral trade and investment treaty in North America: the North American Free Trade Agreement. Since then, this agreement has had a tremendous impact on the trading relations among the three signatory states-the United States, Canada, and Mexico. Of particular significance is Chapter 11, the Investment Chapter. One of the main objectives of Chapter 11 is to provide an effective means for the resolution of disputes between a foreign investor and the host government. To this end, it provides a mechanism whereby private parties can initiate arbitration proceedings against the host …

The Changing Labor Markets Of The Western Hemisphere: Labor Issues Relating To The Ftaa, Ann C. Hodges

Richmond Journal of Global Law & Business

No abstract provided.

Antitrust In A World Of Interrelated Economies: The Interplay Between Antitrust And Trade Policies In The Us And The Eec, Alyssa A. Grikscheit

Michigan Law Review

A Review of Antitrust In a World of Interrelated Economies: The Interplay Between Antitrust and Trade Policies in the US and the EEC by Mário Marques Mendes

U.S.-Thailand Trade Disputes: Applying Section 301 To Cigarettes And Itellectual Property, Ted L. Mcdorman

Michigan Journal of International Law

Irrespective of the close economic and strategic relationship between Thailand and the United States, the United States has utilized Section 301 (and Special 301), and the consequent threat of trade retaliation, in its relations with the Land of Smiles. The purpose of this article is to examine the operation of Section 301 and Special 301 regarding trade in cigarettes and intellectual property.

Can Antidumping Law Apply To Trade In Services?, Hideaki Kubo

Michigan Journal of International Law

In this paper, the author will investigate whether current U.S. antidumping law can apply to trade in services. Because service industries vary significantly in nature, the author takes an industry-specific approach, selecting three service industries - insurance, banking, and construction - and discussing possible problems in applying the U.S. antidumping law to these industries.

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").

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 …

The Impact Of U.S. Trade Law Actions On Government Policy Decisions In Korea, Jong-Kap Kim

Michigan Journal of International Law

A brief review of the recent trends in bilateral trade and U.S. trade policies from the perspective of the United States' trading partners. Then, a presentation on the impact of U.S. trade law actions on government policy decisions in Korea. In conclussion, suggested ways to help strengthen trade relations between Korea and the United States over the long run.

U.S. Trade Policy Toward The New Nics Of Southeast Asia, Linda Y.C. Lim

Michigan Journal of International Law

As export and economic growth in Korea and Taiwan has slowed since 1988, it has increased dramatically in several countries of Southeast Asia. Thailand, for one, is chalking up a second year of eleven percent real GDP growth in 1989 to become the fastest-growing economy in the world. Malaysia and even the Philippines are not far behind, with growth predicted to reach the six to eight percent range for the second or third year in a row. Even Indonesia's growth is rising above five percent for the first time since the oil price slump of the early 1980s. Manufactures now …

Panle Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Taiwan, M. H. King, K. Casey Chuang, W. S. Lin, Alvin H. Tong

Michigan Journal of International Law

Transcript of the panel discussion on the impact of United States trade law on business decisions in Taiwan.

Legal And Policy Perspectives On United States Trade Initiatives And Economic Liberalization In The Republic Of China, Lawrence S. Liu

Michigan Journal of International Law

This article examines the legal and policy perspectives of U.S. trade initiatives toward the ROC in the last decade and their impact on economic liberalization in Taiwan. Part I sets forth the basic legal, policy and structural framework of this bilateral trade relationship. Part II is a sectoral retrospect of the major bilateral trade issues dealt with in the last decade. Part III presents an analysis of the' recent efforts of the ROC to liberalize its trading system and economy, the primary issues and prospects of such liberalization, and their causal relations with American trade initiatives toward Taiwan. Part IV …

Panel Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Korea, David A. Laverty, Young J. Kim, S. K. Lee

Michigan Journal of International Law

Transcript of the panel discussion on the impact of United States trade law on business decisions in South Korea.

The Structural Impediments Initiative: An Example Of Bilateral Trade Negotiation, Mitsuo Matsushita

Michigan Journal of International Law

In June 1990, the governments of the United States and Japan concluded the Structural Impediments Initiative ("SII"), a series of bilateral trade negotiations. The SII came about as a result of a large trade imbalance between the two countries in favor of Japan, which, despite many efforts, the United States and Japan had been unable to reduce. It was the U.S. government's perception that the real cause of the trade imbalance was not Japan's protective border measures in the form of tariffs or quantitative restrictions, such as import quotas on agricultural and leather products, but rather the oligopolistic industrial sector …

Japan, Sii And The International Harmonization Of Domestic Economic Practices, Gary R. Saxonhouse

Michigan Journal of International Law

The Structural Impediments Initiative ("SII") discussions, the first stage of which concluded with a report on June 28 of last year, have been heralded as a new departure in international economic relations. Instead of talking about the removal of barriers at national borders, the United States and Japan have been discussing the relationship between international trade, international payments balances and domestic economic institutions. Trade negotiators have been exploring whether the harmonization of domestic economic institutions can allow for more intimate as well as more balanced economic relations between the United States and Japan. Concern with the international harmonization of institutions …

The Ec Hormone Ban Dispute And The Application Of The Dispute Settlement Provisions Of The Standards Code, Allen Dick

Michigan Journal of International Law

As the concept of a unified European market becomes more of a reality as we approach 1992, talk of a "Fortress Europe" has heightened sensitivity on trade issues among officials of the United States and the European Community ("EC"). The EC's plan to ban the sale of meat treated with growth hormones within the Member-States has presented a trade issue disconcerting to both sides. This brewing tempest has raised many interesting legal issues involving the dispute settlement provisions set out in the Agreement on Technical Barriers to Trade ("Standards Code"). This note examines why the process failed to resolve, and …

The Anti-Dumping Systems Of Australia, Canada, The Eec And The United States Of America: Have Anti-Dumping Laws Become A Problem In International Trade?, Edwin A. Vermulst

Michigan Journal of International Law

This article, part of an in-depth comparative study of municipal anti-dumping laws in Australia, Canada, the European Economic Community and the United States, does not purport to undertake a comprehensive comparative analysis of the anti-dumping laws of the four jurisdictions. Its aim is, rather, to examine the core concepts and some of the core salient features of the laws as developed in actual practice, and to consider the problems that have arisen in these jurisdictions and their solutions. For this purpose, section I will analyze procedural issues, section II substantive issues of dumping, and section III substantive issues of injury. …

International Commercial Arbitration In The United States: Considering Whether To Adopt Uncitral's Model Law, Patrick John Potter

Michigan Journal of International Law

This Note will explore some of the areas overlooked by the Committee, including the benefits and burdens which adopting the Model Law would involve. Part One briefly describes the Model Law's background and provides a summary of its articles. Part Two discusses some factors that should be considered when Congress decides whether or not to adopt the Model Law. Part Three summarizes the present status of international commercial arbitration law in the United States, and recommends en bloc adoption of the Model Law. Enacting a separate international arbitration law that is familiar to foreigners will facilitate arbitration with U.S. parties. …