Law Commons^™

The Burgeoning Development Of The Common Market Competition Rules And Its Impact On International Licensing, Marcus B. Finnegan

Mercer Law Review

Since formation of the European Economic Community (EEC), or the Common Market, by the Treaty of Rome of March 25, 1957, both licensors licensing into, and licensees licensing from, the EEC have had to concern themselves more and more with the effect of the Treaty articles on licensing into and out of the Common Market. The law of competition in the Community has been undergoing increasingly rapid development and refinement.

Not surprisingly, the emerging Community law governing competition has tended increasingly to model itself on the large and intricately developed body of antitrust law existing in the United States. Perhaps …

International Air Carriers--Psychic Injury And The Warsaw Conventions, Joseph William Boone

Mercer Law Review

In Rosman v. Trans World Airlines, Inc., the New York Court of Appeals held that article 17 of the Warsaw Convention limits recovery for personal injuries to objective bodily injury caused by psychic trauma, physical circumstances, or physical impact, and thus, prohibits recovery for psychic trauma alone.

Current Problems Of Structuring Petrodollar Loans, Stuart R. Singer

Mercer Law Review

Rarely, if ever, have we seen a world in which trade has been carried out and investments made across national frontiers through the medium of freely available convertible currencies. The growth of multinational corporations on a large scale has, in the middle of the twentieth century, put the problem of transferability, convertibility, and financing to the forefront of the businessman's major problems. While it is true that the currencies of Western Europe and the other major trading partners of the United States are largely convertible for purposes of current account transactions, and while it is true that major banking groups …

Taxation Of U.S.-Based Transnational Corporations, Mitchell B. Carroll

Mercer Law Review

This article will examine the United Nations Commission on Transnational Corporations (TNCs) along with various U.S. tax treaties and their consequences. We will then look to the various tax systems existing in France, Britain, Germany, and Japan to see how TNCs have been taxed there. Although the examination focuses on the U.S.-based TNCs, the policy considerations may be valid in reverse, e.g., as applied to foreign based TNCs operating in the United States. Considering the increasing role and financial dominance of the TNC, an understanding of tax basics as applied in four countries, will hopefully give the practitioner a working …

Cooperative Federalism In International Trade: Its Constitutional Parameters, Harold G. Maier

Mercer Law Review

Traditionally, governmental activity to encourage and facilitate export trade and to encourage direct investment in the United States by foreign entrepreneurs has been the responsibility of the national government, especially the Departments of State and Commerce. During the last five years, however, a significant and growing role is being played by the governments of the several states in developing their own programs and policies to stimulate international trade and investment. This activity includes not only the more traditional advertising of opportunities but the active on-the-spot solicitation of business opportunities abroad. This solicitation is carried on by direct contact between state …

State Government In International Trade, Richard J. Allen

Mercer Law Review

The aim of this article is to review an international trade program as conceived, planned, and conducted by a state government in the United States. The program example selected is that of the State of Georgia.

I. HISTORY OF THE PROGRAM

The current program of activities of the State of Georgia in the field of international trade was begun in 1971 under the leadership of Louis W. Truman, Lieutenant General (United States Army, Retired), who was then Commissioner of the Georgia Department of Community Development. This state department, in common with such departments in many states of the United States, …

The Expanding Role Of The United States International Trade Commission, Daniel Minchew

Mercer Law Review

The Trade Act of 19741 has changed markedly the powers and responsibilities of the United States International Trade Commission (Commission). The authority of the Commission, formerly known as the United States Tariff Commission (Tariff Commission), now extends well beyond the tariff area. This article will examine the growth of the Commission's authority and structure and, perhaps, provide some insight into its possible future development.

Jurisdiction And Control Over The Multinational Enterprise: De Maximis Non Curat Lex, J. Shand Watson

Mercer Law Review

The current flurry in the legal literature caused by multinational enterprises is yet another indication that the existing systems of control in the domestic and international spheres are either stretched to their limits or else completely inadequate to their assigned tasks. Most writers indicate that the multinational enterprise (MNE),' however defined, is a strong force for good or evil and, consequently, must be subject to some degree of control; yet when that conclusion is discussed, the schools of thought that emerge are as numerous as the commentators.2 This article does not endeavor to provide answers to the current fetish, but …