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Articles 31 - 54 of 54
Full-Text Articles in Law
Securitization Of State Ownership: Chinese Securities Law, Minkang Gu, Robert C. Art
Securitization Of State Ownership: Chinese Securities Law, Minkang Gu, Robert C. Art
Michigan Journal of International Law
Part I of this article establishes the scope of analysis and defines the Chinese use of the term "security," which is more limited than under American law. Parts II and III briefly examine the history of Chinese securities laws and the understanding of securities by the Chinese people. Part IV focuses on the government's motivations in establishing the securities markets. Part V discusses the distinctively Chinese approach of classifying shares according to the characteristics and nationality of permitted shareholders. Part VI addresses the future development of Chinese securities markets. The conclusion reflects on the significance of western forms of securities …
Labor And The Global Economy: Four Approaches To Transnational Labor Regulation, Katherine Van Wezel Stone
Labor And The Global Economy: Four Approaches To Transnational Labor Regulation, Katherine Van Wezel Stone
Michigan Journal of International Law
This article examines the challenge to domestic labor regulation posed by the increasingly international economic and legal order. Part I analyzes the several ways in which increased global economic integration creates problems for labor. These problems include a decline in union bargaining power, a race-to-the-bottom in labor standards, and a weakening of labor's role as political actor. Part II identifies four approaches, or models, for transnational labor regulation that have emerged in the Western world in the past twenty years. These are: (1) preemptive legislation; (2) harmonization; (3) cross-border monitoring; and (4) extraterritorial jurisdiction. Part III explores the differences between …
U.S. Government Control Over The Export Of Scientific Research And Other Technical Data: Holes In The Sieve, Robert Greenspoon
U.S. Government Control Over The Export Of Scientific Research And Other Technical Data: Holes In The Sieve, Robert Greenspoon
Michigan Journal of International Law
In Part I, I establish the backdrop for answering the question by describing the kinds of scientific data that might be subject to security classification and export licensing. In Part II, I outline briefly who chooses what should be restricted and who enforces these restrictions. In Part III, I describe several situations in which the federal government has vigorously enforced controls over the dissemination of scientific information. I also analyze two recent cases involving computer software that I believe analogize directly to the scientific endeavor. Finally, in Part IV, I explain why First Amendment barriers, the growth of the Internet …
Liberalizing International Trade In Legal Services: A Proposal For An Annex On Legal Services Under The General Agreement On Trade In Services, Michael J. Chapman, Paul J. Tauber
Liberalizing International Trade In Legal Services: A Proposal For An Annex On Legal Services Under The General Agreement On Trade In Services, Michael J. Chapman, Paul J. Tauber
Michigan Journal of International Law
The legal services industry is experiencing a fundamental transformation. Thirty years ago, legal markets were almost exclusively national; today, a global legal market is emerging and evolving at a considerable pace. Unfortunately, further globalization is hindered by the failure of national regulatory systems to respond effectively. Globalization has made domestic regulation more difficult because it increases the complexity of the interactions between lawyers, the legal system, and the authorities responsible for regulating the legal profession. As the process of globalization has blurred the distinction between national and international legal issues, an international regulatory regime governing transnational legal practice has become …
Multidisciplinary Perspectives On The Improvement Of International Environmental Law And Institutions, Linda C. Reif
Multidisciplinary Perspectives On The Improvement Of International Environmental Law And Institutions, Linda C. Reif
Michigan Journal of International Law
Review of Environmental Change and International Law: New Challenges and Dimensions (Edith Brown Weiss ed.), Institutions for the Earth: Sources of Effective International Environmental Protection (Peter M. Haas, Robert O. Keohane, & Marc A. Levy eds.), and The Uncertain Promise of Law: Lessons from Bhopal. by Jamie Cassels
Ec Customs Classification Rules: Should Ice Cream Melt?, Edwin A. Vermulst
Ec Customs Classification Rules: Should Ice Cream Melt?, Edwin A. Vermulst
Michigan Journal of International Law
This Article will demonstrate that these classification conflicts seldom have definitive solutions by examining European Community (EC or Community) classification rules in light of the international framework. This approach is justified because the EC's customs classification system, centered on the Combined Nomenclature (CN), is based on the most commonly used international system of classification, the Harmonized System (HS).
Empowering The Russian Consumer In A Market Economy, James P. Nehf
Empowering The Russian Consumer In A Market Economy, James P. Nehf
Michigan Journal of International Law
One purpose of this article is to examine how the legislative product of a declining socialist state will benefit Russian consumers during the unusual circumstances characterizing the period of market transformation. A second purpose is to familiarize Western consumerists with the decidedly pro-consumer features of the Russian law. Part I analyzes the consumer law's provisions that elevate the legal status of consumers when they purchase goods and services. Part II examines the legislation from a different perspective - as a set of legal norms affecting the operation of consumer markets generally. Part III discusses the enforcement mechanisms established in the …
International Regulation And Control Of The Production And Use Of Chemicals And Pesticides: Perspectives For A Convention, Hans-Wolfgang Micklitz
International Regulation And Control Of The Production And Use Of Chemicals And Pesticides: Perspectives For A Convention, Hans-Wolfgang Micklitz
Michigan Journal of International Law
A wide variety of instruments and mechanisms for the regulation and control of chemicals and pesticides is already available internationally. What is missing is an analysis that attempts to systematize the different approaches, to create transparency, to define where they overlap, and to discover prospective deficiencies and shortcomings. In order to accomplish this task, this article covers legally binding rules as well as recommendations and codes - the international soft law. The overall purpose is to outline a framework for future international regulation of chemicals and pesticides and to propose an international convention as a possible solution.
The Development Of The Equal Treatment Principle In The International Debt Crisis, Carsten Thomas Ebenroth, Rüdiger Woggon
The Development Of The Equal Treatment Principle In The International Debt Crisis, Carsten Thomas Ebenroth, Rüdiger Woggon
Michigan Journal of International Law
Since the outbreak of the international debt crisis at the beginning of the 1980s, debtor countries have reached a series of agreements with private creditor banks, with the aim of reducing the financial strain on the debtor countries and enabling them to service their debts. Long-term extensions of maturities are a central aspect of many of these arrangements. Included in the restructurings are all the medium- and long-term claims of the creditor banks, often short-term trade credits and interbank lines, and, in individual cases such as the restructuring of the debts of Poland, Yugoslavia, Costa Rica, and some African States, …
International Trade And Investment Regulation: Developing Jurisprudence In Taiwan, Paul S.P. Hsu
International Trade And Investment Regulation: Developing Jurisprudence In Taiwan, Paul S.P. Hsu
Michigan Journal of International Law
Past and present economic development in the Republic of China has provided a model for a successful experiment whereby a society under a workable economic and social system with very limited natural resources makes the most of what it has. Yet, the momentum of the development will not permit the R.O.C. to rest at its present stage or to reminisce about past achievements. Clearly, many more stages of economic development lie ahead. Other industrially advanced nations that operate under similar limitations, such as the Netherlands, Sweden, and Switzerland, have higher per capita income, better quality of life, and a more …
Regulation And Liberalization Of Imports And Foreign Investment And The Role Of Trade Actions In The Republic Of Korea, David A. Laverty
Regulation And Liberalization Of Imports And Foreign Investment And The Role Of Trade Actions In The Republic Of Korea, David A. Laverty
Michigan Journal of International Law
The Republic of Korea is well-known for its exceptionally successful export-driven economy and for the role of the Korean government in actively pursuing policies which have fostered the growth of Korean industry and the penetration of Korean products in the international marketplace. This rapid penetration of Korean products has been a source of tension among Korea's trading partners as they have sought to respond to calls from their domestic-industry constituencies for protection from the increased importation of Korean products. However, less well-known and of increasing significance to Korea itself and to the international community is not the outflow of Korean …
Cherobyl: Its Implications For International Aromic Energy Regulation, Diana K. Brown
Cherobyl: Its Implications For International Aromic Energy Regulation, Diana K. Brown
Michigan Journal of International Law
The first section of this note focuses on the IAEA's role in the existing network of international organizations designed to improve nuclear power plant safety. The second section examines the implications of the Chernobyl accident for international cooperation in the nuclear field. The final section proposes several improvements for nuclear safety management, and is subdivided accordingly. The first subsection analyzes the incident reporting systems of the IAEA and the Nuclear Energy Agency and recommends amending the IAEA Convention on Early Notification of a Nuclear Accident to ensure that all nuclear incidents, as well as accidents, are covered by its terms. …
Annex: Provisional Regulations On Lawyers Of The People's Republic Of China, Michigan Journal Of International Law
Annex: Provisional Regulations On Lawyers Of The People's Republic Of China, Michigan Journal Of International Law
Michigan Journal of International Law
To some Western readers, the function of Chinese lawyers as described in translations of the Provisional Regulations will appear comparable to the function of lawyers in the United States and many Western European countries. In at least one news release following enactment of the law, however, the government of the People's Republic of China denied any apparent similarity. A reprint of the Regulations and the Chinese Government's position as published in the Renmin Ribao, the official government newspaper, follows.-eds.
Integrated Servies Digital Network: Issues And Options For The World's Future Communications Systems, A. M. Rutkowski
Integrated Servies Digital Network: Issues And Options For The World's Future Communications Systems, A. M. Rutkowski
Michigan Journal of International Law
There has been virtually no public discussion of the significant public policy issues raised because of the intimidating nature of network engineering which forms the basis for nearly all the current dialogue. This paper discusses current ISDN developments, and sets forth an analytical framework within which these issues may be discussed.
Restrictions On Trade In Communication And Information Services, Geza Feketekuty, Jonathan David Aronson
Restrictions On Trade In Communication And Information Services, Geza Feketekuty, Jonathan David Aronson
Michigan Journal of International Law
Section one highlights some of the changes that the revolution in information exchange is producing. It also argues that transborder data flows could help facilitate international economic adjustment. Section two analyzes the types of reasons used to justify policy measures that inhibit the integration of the world communication network or prevent information from flowing across national borders. It also discusses the implication of restrictions on transborder data flows for the world trading system and for world economic growth. The final section discusses strategies for halting the proliferation of barriers to trade in communication and information services and for reducing existing …
The International Application Of The Second Computer Inquiry, Robert M. Frieden
The International Application Of The Second Computer Inquiry, Robert M. Frieden
Michigan Journal of International Law
This article chronicles the FCC's attempt to confront the confluence of telecommunications and data processing technologies by fashioning a regulatory scheme designed primarily for the United States. The Commission has chosen to apply this scheme, without significant qualification, internationally. Given the different objectives and structure of United States and foreign communications industries, the FCC's system cannot be transplanted abroad without prior consultation and substantial modification. After reviewing the international problems created by the Commission's application abroad of its newly developed scheme, this article concludes with recommendations for resolving these conflicts that currently threaten the well-being of carriers, customers, and international …
Private Leased Telecommunication Lines: Threats To Continued International Availabliltiy, Jill L. Martin
Private Leased Telecommunication Lines: Threats To Continued International Availabliltiy, Jill L. Martin
Michigan Journal of International Law
This article examines both actual and proposed actions by Japanese and European telecommunications authorities, known as Ministries of Post, Telephone, and Telegraph (PTTs), to restrict private leased line availability, and then explores the possibility that these actions presage the total elimination of private leased lines. It concludes that unless the United States government adopts a unified and reasonable policy opposing the escalation of regulations and restrictions, their deleterious effects will become more severe.
The Council Of Europe Convention Of The Oecd Guidelines On Data Protection, Jon Bing
The Council Of Europe Convention Of The Oecd Guidelines On Data Protection, Jon Bing
Michigan Journal of International Law
The first international legal instruments to be adopted were two Council of Europe resolutions in 1973 and 1974, the first on "the protection of the privacy of individuals vis-A-vis electronic data banks in the private sector," 9 and the second on "the protection of the privacy of individuals vis-A-vis electronic data banks in the public sector." This article will describe and compare the rules of data protection as they emerge in the instruments. Although this will require some assessment, the main objective will be to explain and amplify.
A Historical Survey Of The International Regulation Of Propaganda, Elizabeth A. Downey
A Historical Survey Of The International Regulation Of Propaganda, Elizabeth A. Downey
Michigan Journal of International Law
This article traces international efforts to regulate propaganda through the pre- and post-UN periods, charting its development from a rather peripheral concern of international law to its important role in the currently evolving law of international communication.
The Impact Of Industrial Legislation On The Behavior Of Multinational Enterprises And Labor In The Industrializing Countries Of East And Southeast Asia, Kojo Yelpaala
Michigan Journal of International Law
The phenomenon of industrial legislation is not new in the world. Several industrialized, non-industrialized, capitalist, and socialist countries all have at different stages in their development used industrial legislation for the achievement of industrial goals, development targets and national welfare objectives. This legislation has generally addressed labor relations, taxes, plant location, exchange controls, and capital controls. What is perhaps new is its focus on the behavior of Multinational Enterprises (MNE). The emergence of the MNE on the world economic scene has introduced an elusive but important element in the industrial policy calculus of nations.
The Impact Of U.S. Control Of Foreign Assets On Refugees And Expatriates, Michael P. Malloy
The Impact Of U.S. Control Of Foreign Assets On Refugees And Expatriates, Michael P. Malloy
Michigan Journal of International Law
The U.S. Treasury Department has the responsibility of administering several emergency-related programs that affect the property of certain countries (and usually the nationals thereof) designated by its regulations, where the property, or the persons dealing with the property, are subject to the jurisdiction of the United States. These so-called "embargo controls" consist of trade sanctions (i.e., an "embargo" in the narrow sense of the term) and prohibitions on transactions involving assets in which the designated country or its nationals have any interest. These prohibitions, known collectively as a "blocking" of assets, have an impact on refugees and expatriates, …
Structural Aspects Of Multinational Corporate Trade With The Nonmarket Economies Of Eastern Europe: An Mnc Perspective On Domestic And Foreign Regulation, John G. Scriven
Structural Aspects Of Multinational Corporate Trade With The Nonmarket Economies Of Eastern Europe: An Mnc Perspective On Domestic And Foreign Regulation, John G. Scriven
Michigan Journal of International Law
In considering the structural aspects of multinational corporate trade relationships with the nonmarket economies of Eastern Europe, it is important, as a preliminary matter, to acknowledge certain intractable features of that trade. Only through a continuing awareness of the interplay of these factors can one hope to understand the role of law or regulation in trade with these states.
Reflections On Recent Oecd Activities: Regulation Of Multinational Corporate Conduct And Structure, Kurt Stockmann
Reflections On Recent Oecd Activities: Regulation Of Multinational Corporate Conduct And Structure, Kurt Stockmann
Michigan Journal of International Law
In recent, years, the Organization for Economic Cooperation and Development (OECD) has repeatedly addressed, in a variety of forms, the problem of transnational corporate concentration. In the field of restrictive business practices, it has made suggestions on specific antitrust problems, issued council recommendations, and promulgated the 1976 Concil Guidelines for multinational enterprises. Not surprisingly for an organization that adheres to the principle of unanimity and, consequently, is governed by the law of the smallest common denominator, these efforts have thus far focused more on procedure than on substance. Even where quasisubstantive rules have been adopted, such as in competition guideline …
Proposals For Change In The Administration Of The Antidumping Act, Stephen L. Gibson
Proposals For Change In The Administration Of The Antidumping Act, Stephen L. Gibson
Michigan Journal of International Law
This article suggests changes that might be made in the administration of the existing Act to improve the efficiency of investigations and the fairness of determinations under the Act in its present form. Most of these suggestions are addressed to the Treasury Department's fair value investigation, with only a few comments on the International Trade Commission injury investigation phase. The ITC has developed a framework for injury investigations that appears generally to be both workable and acceptable to interested parties. Treasury's fair value investigation, on the other hand, has tended to be more controversial. This stems in part from the …