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Articles 1 - 28 of 28
Full-Text Articles in Law
Analisis De La Convencion De Las Naciones Unidas: Sobre Los Contratos De Compraventa Internacional De Mercaderias Y Su Trascendencia Para America Latina, Michael P. Van Alstine
Analisis De La Convencion De Las Naciones Unidas: Sobre Los Contratos De Compraventa Internacional De Mercaderias Y Su Trascendencia Para America Latina, Michael P. Van Alstine
Faculty Scholarship
No abstract provided.
An Introduction To The Paris Forum On Transnational Practice For The Legal Profession, Laurel Terry
An Introduction To The Paris Forum On Transnational Practice For The Legal Profession, Laurel Terry
Faculty Scholarly Works
This article focuses on the 1998 Paris Forum on Transnational Practice for the Legal Profession and introduces the papers contained in the Paris Forum Symposium. The Paris Forum was the first meeting of lawyers from around the world devoted solely to the topic of transnational legal practice. Before the Paris Forum, some bar organizations had set aside time during their meetings to discuss the transnational practice of law and issues related to transnational legal services also had been included as topics in general conferences. The multi-day Paris Forum, however, was the first multi-day conference devoted to this topic. This paper …
To The Yukon And Beyond: Local Laborers In A Global Market, Katherine V.W. Stone
To The Yukon And Beyond: Local Laborers In A Global Market, Katherine V.W. Stone
Cornell Law Faculty Publications
This Article explores the possibilities for effective protection of labor rights in the emerging global labor market. It explores existing forms of transnational labor regulation, including both hard regulation, i.e., regulation by state-centered institutions, and soft regulation, i.e., regulation through private actors responding to market forces. The author finds that existing regulatory approaches are inadequate to ensure that the global marketplace will offer adequate labor standards to its global workforce. She proposes new approaches to global labor regulation, approaches that blend hard and soft law by reshaping market forces and embedding them in a regulatory framework that is protective of …
Electronic Rights Management And Digital Identifier Systems, Daniel J. Gervais
Electronic Rights Management And Digital Identifier Systems, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
The new world of digital information requires a new way of providing access to that information — while keeping the copyright backbone. It might be technically easier to create a digital infrastructure without copyright: Just throw works up on the Internet, and let anyone get to them for any purposes. But such systems have been suggested and roundly rejected by those who create and own works of value. So we need to build an electronic infrastructure that works with copyright and takes advantage of the digital environment. This paper looks at the attempts to build part of that infrastructure — …
The Case For A European Securities Commission, Roberta S. Karmel
The Case For A European Securities Commission, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
The Use And Abuse Of Trade Leverage To Protect The Global Commons: What We Can Learn From The Tuna-Dolphin Conflict, Richard Parker
The Use And Abuse Of Trade Leverage To Protect The Global Commons: What We Can Learn From The Tuna-Dolphin Conflict, Richard Parker
Faculty Articles and Papers
No abstract provided.
Cross-Border Bank Branching Under The Nafta: Public Choice And The Law Of Corporate Groups, Eric J. Gouvin
Cross-Border Bank Branching Under The Nafta: Public Choice And The Law Of Corporate Groups, Eric J. Gouvin
Faculty Scholarship
This Article examines a question left unresolved after the negotiation of the North American Free Trade Agreement (NAFTA): whether the banks of the member countries should be permitted to engage in the business of banking in the other member countries simply by branching across national borders. Under present law, the United States permits branching subject to extensive restrictions, while Canada and Mexico permit access to their banking markets only by acquisition or establishment of institutions chartered in their countries. While the NAFTA does not provide for unfettered branching across national borders, article 1403(3) of the NAFTA left the issue of …
Clearly Canadian: Public Participation In Canadian Unfair Trade Action, Chios Carmody
Clearly Canadian: Public Participation In Canadian Unfair Trade Action, Chios Carmody
Law Publications
The Canadian Council on International Law was founded in 1972 to represent Canadian international law practitioners and academics and to facilitate and promote the study of international legal problems by scholars and professionals. These conference proceedings comprise a collection of essays written by leading academics and practitioners on the subject of how international law affects Canadian domestic law. A wide range of domestic law areas are covered, including environmental law, international trade law, constitutional law, international treaties, and the treatment of women in relation to immigration and refugee law. This work will be of value to Canadian scholars and practitioners, …
Transfer Pricing, Anders Leif Allvin
Transfer Pricing, Anders Leif Allvin
LLM Theses and Essays
Transfer pricing is one of the principal international taxation issues of the 1990s and potentially of future decades as well. For corporate enterprises, it can be difficult enough to do business in just one country, but it gets even more complex when they go international. The growth of multinational enterprises (MNEs) creates complex taxation issues for both the tax administrations as well for the MNE. Transfer pricing concerns allocation of income earned within affiliated corporate groups in different countries, which must satisfy tax authorities that they are not evading taxes through the use of transfer pricing. The main problem with …
Africa And Her Charter On Human And Peoples' Rights -Notyet "Ominira", Thomas Adeoye Olugbemiga Fawole
Africa And Her Charter On Human And Peoples' Rights -Notyet "Ominira", Thomas Adeoye Olugbemiga Fawole
LLM Theses and Essays
It is in the light of the foregoing that we intend in this thesis to examine the state of human rights in Africa. It would be the province of the thesis to find out how far the African Charter on Human and Peoples' Rights has enhanced the independence of the various African countries and improved on the quality of the rights enjoyed by the citizenry. While Chapter 2 deals with human rights in precolonial Africa, human rights in "modern day" Africa, i.e. from the colonial era, are dealt with in Chapter 5. Treating human rights under colonial rule and human …
Investments In Free Economic Zones: Analysis Of Factors And Policies Underlying Their Success, Ihor Mehedynyuk
Investments In Free Economic Zones: Analysis Of Factors And Policies Underlying Their Success, Ihor Mehedynyuk
LLM Theses and Essays
This thesis will focus on the experience of those developing countries whose FEZs have been regarded as successful in attracting foreign investment and creating a suitable environment for the activity of zone-based foreign enterprises. Furthermore, it will examine the major aspects of FEZ operations and legal and economic strategies of host countries. Chapter I will concentrate on issues relating to foreign investment, types of attitudes towards foreign investment and their relationship with investment policies of host countries and the role of legal systems in attracting foreign investment. Chapter II will provide an overview of various types and characteristics of FEZs, …
Commercial Arbitration In The U.S.: The Arbitrability Of Disputes Arising From Statute-Based Claims, Sylvie Frankignoul
Commercial Arbitration In The U.S.: The Arbitrability Of Disputes Arising From Statute-Based Claims, Sylvie Frankignoul
LLM Theses and Essays
A leading contemporary expert in arbitration has explained: "The concept of arbitrability determines the point at which the experience of contractual freedom ends and the public mission of adjudication begins. In effect, it establishes a dividing line between the transactional pursuit of private rights and courts' role as custodians and interpreters of the public interest." 1 A major part of the arbitrability doctrine deals with the kind of claims that can fall within the scope of agreements for private dispute resolution. Arbitration clauses are an integral part of the parties' transactions. Nevertheless, the American judiciary historically has refused to enforce …
Legal Aspects Of International Transfer Of Technology, Anna Mikhailovna Otkina
Legal Aspects Of International Transfer Of Technology, Anna Mikhailovna Otkina
LLM Theses and Essays
For any international law practitioner issues relating to technology and proprietary information can arise in a number of a different situation. For example, transactions involving foreign distribution and sales rights relating to domestic products are a common part of the day-to-day practice of anyone engaged in the multinational business arena. Many of those transactions involve a contractual agreement in the form of a license, which is intended to transfer to the licensee the technology and related information, and the legal rights therewith, necessary to complete successfully the objective of the transaction: the distribution and sale of the domestic product at …
Is The Trips Agreement An Adequate Means To Deal With Unauthorized Copying Of Sound Recordings From The Internet?, Hege Sehested Zakariassen
Is The Trips Agreement An Adequate Means To Deal With Unauthorized Copying Of Sound Recordings From The Internet?, Hege Sehested Zakariassen
LLM Theses and Essays
The Internet has expanded vastly in recent years, both in use and utility. It has become one of the most important means of distributors of information in our time. This increasing popularity has also led to "online fraud, theft, piracy, and infringement. The music industry is one of the branches that will experience upheaval in the next few years. The Internet might even change the way music is distributed. Experts believe that the Internet could alter the way music is distributed and undermine the physical distribution of sound recordings. Yet, on the other hand, the Internet could help unknown bands …
International Cooperative Enforcement Agreements And Antitrust Extraterritoriality In The 21st Century, Basil Dominic Udotai
International Cooperative Enforcement Agreements And Antitrust Extraterritoriality In The 21st Century, Basil Dominic Udotai
LLM Theses and Essays
It is the focus of this thesis to critically evaluate the cooperative enforcement option proffered by the US authorities with a view to judging its attractiveness to other nations and its adequacy in solving problems posed by extraterritoriality in today's highly liberalized economy. In this regard, we shall see that the various models of cooperative enforcement arrangements adopted within the United States have failed to result in productive bilateral cooperation. This is due in large part, to the commitment of individual countries to satisfying national interests over cooperative obligations arising under the agreements. Because of these insufficiencies, the thesis reiterates …
Poison And Dead Hand Pills, Markets For Corporate Control, And Implications For An Emerging Market Like China, Shueiqing Zhou
Poison And Dead Hand Pills, Markets For Corporate Control, And Implications For An Emerging Market Like China, Shueiqing Zhou
LLM Theses and Essays
In the past twenty years, the Chinese government has been adopting open door and economic reform policies. Because of historical, economic, legal, and cultural traditions, a modern corporation system is far from being established in China. There are lots of things that need to do to establish a perfect corporate system. This thesis reviews diverse interpretations of the function of poison pills in light of recent judicial decisions and underlying empirical evidence. It also reviews recent judicial decisions regarding the new version of poison and dead hand pill. The author discusses the recent trend of by-law restrictions in an attempt …
Free Trade Or Sustainable Development? An Analysis Of The Wto Appellate Body's Shift To A More Balanced Approach To Trade Liberalization, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Comparing The "1990s-Style" And "1980s-Style" Debt Crises, Chantal Thomas
Comparing The "1990s-Style" And "1980s-Style" Debt Crises, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
National Incentives To Protect Natural Resources: Preserving Their Place In International Trade, Paul S. Kibel
National Incentives To Protect Natural Resources: Preserving Their Place In International Trade, Paul S. Kibel
Publications
This Dialogue attempts to place the conflict between the principles of negative externalities and comparative advantage in a less theoretical context. To that end, the author examines the relationship between national incentives to protect natural resources and international trade rules that seek to restrict the use of natural resource subsidies. The author further evaluates the extent to which the international trade rules account for the problem of negative externalities, and the extent to which the rules recognize the potentially effective role that national incentive programs can play in correcting market failures. From this evaluation, the author concludes that the legitimacy …
Neoliberalism, Colonialism And International Governance: Decentering The International Law Of Governmental Legitimacy, James T. Gathii
Neoliberalism, Colonialism And International Governance: Decentering The International Law Of Governmental Legitimacy, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
Corruption And Donor Reforms: Expanding The Promises And Possibilities Of The Rule Of Law As An Anti-Corruption Strategy In Kenya, James T. Gathii
Corruption And Donor Reforms: Expanding The Promises And Possibilities Of The Rule Of Law As An Anti-Corruption Strategy In Kenya, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
Assignments Of International Interests In Mobile Equipment And Related Receivables Under The Unidroit Convention: When Should The Tail Wag The Dog?, Charles W. Mooney Jr.
Assignments Of International Interests In Mobile Equipment And Related Receivables Under The Unidroit Convention: When Should The Tail Wag The Dog?, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
The Appellate Body, The Protection Of Sea Turtles And The Technique Of "Completing The Analysis", Sydney M. Cone Iii.
The Appellate Body, The Protection Of Sea Turtles And The Technique Of "Completing The Analysis", Sydney M. Cone Iii.
Articles & Chapters
No abstract provided.
Sovereignty, Compliance, And The World Trade Organization: Lessons From The History Of Supreme Court Review, Mark L. Movsesian
Sovereignty, Compliance, And The World Trade Organization: Lessons From The History Of Supreme Court Review, Mark L. Movsesian
Faculty Publications
One of the World Trade Organization’s (WTO's) more remarkable and controversial innovations is its mechanism for resolving trade disputes among member states. Traditionally, states have resolved such disputes in "pragmatic" fashion, through negotiation and compromise informed by the relative power of the parties involved. But no longer: the WTO's Understanding on Rules and Procedures Governing the Settlement of Disputes (the DSU) provides that disputes between member states are to be resolved in adversary proceedings before impartial panels of experts." Under the DSU, panels have authority to decide whether members' laws violate international trade norms; panel decisions are essentially binding, though …
Symposium: The Rise Of The International Trust, Jeffrey Schoenblum
Symposium: The Rise Of The International Trust, Jeffrey Schoenblum
Vanderbilt Law School Faculty Publications
The international trust, the subject of the Symposium, is experiencing an extraordinary reception worldwide. It is being utilized by individuals from countries with legal cultures that traditionally have not known this form of ownership. In fact, there is no formal legal construct known as the "international trust." Rather, the term as used in the Symposium and as used herein, is intended as an organizing principle to explore the various implications of trusts with international or transborder linkages. The focus is on private trusts, those utilized to manage the wealth of individuals and their families, although much of the discussion pertains …
Documentary Credit Law And Practice In The Global Information Age, Jacqueline D. Lipton
Documentary Credit Law And Practice In The Global Information Age, Jacqueline D. Lipton
Articles
Documentary letters of credit have historically been an important and popular method of payment in international trading transactions. In fact, they have been described as the "life-blood of international commerce." A number of uniform international practices have developed for their use, many of which are codified in international rules such as the UCP 500. However, in the global information age, as the nature of international commerce changes, so too must the operation of such payment mechanisms. With the increase in electronic trading, the "documentary" nature of these credits may require some revision. This paper examines ways in which the law …
The New Wto Agreement On Financial Services And Chapter 14 Of Nafta: Has Free Trade In Banking Finally Arrived?, Constance Z. Wagner
The New Wto Agreement On Financial Services And Chapter 14 Of Nafta: Has Free Trade In Banking Finally Arrived?, Constance Z. Wagner
All Faculty Scholarship
This article discusses the U.S. policy rationale for seeking free international trade in financial services and assesses whether U.S. policy goals have been met through recent trade agreement negotiations. Free trade in financial services has been a goal of U.S. trade policy since the early 1980’s. Over a period of fifteen years, the United States concluded several agreements on financial services with key trading partners. The most significant agreements are the World Trade Organization (WTO) Agreement on Financial Services (FSA) and Chapter 14 of the North American Free Trade Agreement (NAFTA) on Financial Services. In both of these trade agreements, …
Arbitral Situs: Considerations And Consequences, Rajdeep Singh
Arbitral Situs: Considerations And Consequences, Rajdeep Singh
LLM Theses and Essays
It is the law of the forum that is applicable to matters like arbitrability of the dispute, the validity of the arbitration agreement, the jurisdiction of the arbitrators, their appointment, removal and replacement and the challenge to their authority. Apart from these matters the law of the arbitral situs also governs the conflict of laws rules applicable to the dispute. Though the principle of party autonomy allows the parties to agree to a procedural law other than that of the arbitral situs, they still have to comply with the mandatory provisions of the law of the venue. In case they …