Digital Commons Network^™

Worker Rights In The Post-1992 European Communities: What "Social Europe" Means To United States-Based Multinational Employers, Donald C. Jr. Dowling

Northwestern Journal of International Law & Business

The United States media have extensively covered the trade angle of the European Communities [EC] program to create a "single market" by the end of 1992. The media coverage has spotlighted the benefits the EC market will offer multinational corporations, such as the market's "economies of scale" and its 320 million consumer block. By now this 1992 news has sunk in, and many United States corporations are assessing how they might exploit the soon-to-be unified EC market.

Consolidated Gold Fields Plc V. Minorco, S.A.: The Extraterritorial Application Of U.S. Securities Laws In International Equities Markets, William R. Covey

Fordham International Law Journal

This Comment argues that, based on existing case law, the Second Circuit improperly held that the district court had subject matter jurisdiction over a foreign takeover attempt in its Gold Fields decision. Part I examines the legal principles that govern the extraterritorial application of U.S. securities laws. Part II presents the factual background of Gold Fields and the legal analysis of the decision. Part III argues that the Second Circuit incorrectly exercised subject matter jurisdiction over the foreign securities claim. This Comment concludes that U.S. courts should decline to exercise subject matter jurisdiction in securities cases where domestic interests are …

Jurisdictional Issues: The Eec Merger Control Regulation, Member State Laws, And Articles 85 And 86, Jacques H. J. Bourgeois, Bernd Langeheine

Fordham International Law Journal

This Article deals with two main issues. One is the division of powers between the European Economic Community and the Member States with regard to merger control after September 21, 1990. The other is the possible application, by the Commission of the European Communities or by national authorities, of Article 85 and 86 of the Treaty Establishing the European Economic Community to mergers covered by Regulation No. 4064/89. The Article casts a brief look at how the dividing line between merges and operations which do not qualify as mergers within the sense of article 3 of the Regulation will be …

English White Paper Law Reforms: An Outline For Equal Access To Justice?, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

It is highly likely that by the end of 1989, legislation proposing the most dramatic changes in the English legal profession in this century will be introduced by the Lord Chancellor of Great Britain in the House of Lords. If Lords approve the legislation, it will be sent to the House of Commons early in 1990 and will become effective by Royal Assent shortly thereafter. The Lord Chancellor's reforms will abolish the barristers' monopoly of audience in higher courts, partially limit the statutory bar on multidisciplinary and multinational partnerships, introduce a modified contingency fee, permit building societies and banks to …

Disparity In The Application Of Legal Principles As A Form Of Trade Restraint: Attorney-Client Privilege In The European Community, Dan R. Mastromarco

UC Law SF International Law Review

This Article briefly describes the origin of the Community confidentiality standard, emphasizing the disparate treatment accorded EC and non-EC attorneys. It discusses the nature of the American attorney-client privilege and the rationale for the privilege; it also explores the inherent problems presented in the EC position. The Article concludes by criticizing the decisions in the AM&S and Deere cases for going against the underlying spirit of the EC through the disparate application of legal principles.

The European Community's Policy On Implementation Of Environmental Directives, Rolf Wägenbaur

Fordham International Law Journal

This Article first discusses the legal nature of the directive and the process by which Member States implement directives. Second, this Article explores enforcement of directives and examines the enforcement roles of the Commission of the European Communities and the Court of Justice of the European Communities. Finally this Article proposes a series of initiatives at the Member State and Community levels to improve implementation and enforcement of Community environmental law.

Contemporary Efforts To Guarantee Indigenous Rights Under International Law, Andre Lawrey

Vanderbilt Journal of Transnational Law

This Article examines recent attempts to improve international standards governing the rights of indigenous peoples. In this context, Ms. Lawrey analyzes the Australian Government's 1988 commitment to negotiate a treaty with Australia's Aboriginal and Torres Strait Islander peoples.

Ms. Lawrey discusses the strained relationship between international law and indigenous peoples. At present, indigenous groups are not guaranteed special rights under international law. Furthermore, traditional individual rights are inadequate to effectively protect indigenous land rights and the right to self-determination. Ms. Lawrey identifies developments in indigenous rights since World War II, including International Labor Organization Convention Number 107 (Convention 107) and …

Justice In A Post-Apartheid South Africa, Penelope Andrews

Other Publications

No abstract provided.

Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.

This conference will provide the …

Looking Toward The Third Millennium: The Practice Of Transnational Business Law In 2001, Charles R. Irish

Global Business & Development Law Journal

No abstract provided.

The Directive On Insider Dealing , Raffaello Fornasier

Fordham International Law Journal

This Article discusses the Community directive on insider dealing strictly from the point of view of Community law, and more specifically of what may be called the Community's constitutional law - the powers of the institutions involved in the making and in the implementation of law - rather than from the point of view of insider trading as an economic phenomenon and the ways it is perceived and dealt with in Community law.

A Proposal For The Development Of A System Of Indigenous Jurisprudence In The Federated States Of Micronesia, Brian Z. Tamanaha

UC Law SF International Law Review

Through a critical examination of the court decisions of the Federated States of Micronesia, this Article will establish that the Micronesians have failed in their efforts to develop a system of indigenous jurisprudence. To understand the reasons for this failure, this Article will survey similar attempts to merge custom into an improved legal system in decolonized areas around the world. Following the conclusion that the existing strategies applied to these situations cannot succeed, this Article will propose a new approach. The proposal rejects the focus on custom as a separate source of law, and instead emphasizes the role and nature …

An Overview Of Eec Trade With Non-Community Countries And The Law Governing These External Agreements, William Rawlinson

Fordham International Law Journal

This Article examines the authority of the EEC Treaty and various trade agreements concluded between the Community and non-Community countries pursuant to these provisions by presenting an overview of certain noteworthy agreements and the law providing for them.

Constitutional Rules Of Community Law In Eec Competition Cases, David Edward

Fordham International Law Journal

Part I of this paper seeks to investigate the possible bias, or difference in usage, in the use of the word “constitutional” with particular reference to the now resolved tension between the Court of Justice of the European Communities and the German Constitutional Court. Part II discusses some landmark cases in which the European Courts had to decide whether the powers of the Commission of the European Communities in competition investigations are limited by “constitutional” rules. Part III discusses the Court’s use of the general principles of legal certainty, legitimate expectation, and proportionality to resolve problems of interpretation and application …

R. Wohl, S. Chemtob, G. Fukushima, Practice By Foreign Lawyers In Japan, Patrick S. Kenadjian

Fordham International Law Journal

Book Review: Richard H. Wohl, Stuart M. Chemtob, and Glen S. Fukushima have put together a very useful volume under the auspices of the American Bar Association Section of International Law & Practice, entitled Practice by Foreign Lawyers in Japan.

Professional Qualification And Educational Requirements For Law Practice In A Foreign Country: Bridging The Cultural Gap, Roger J. Goebel

Faculty Scholarship

This Article will discuss preparation for transnational legal practice, and the extent of the right to engage in transnational legal practice in major commercial centers. It is divided into five parts: (I) the role of the transnational lawyer in bridging the cultural gap; (II) education in preparation for transnational practice; (III) professional qualification requirements for foreign lawyers in New York and several major commercial centers abroad; (IV) the extent of the lawyer's right to provide services and the right of professional establishment in the EEC; and (V) some general reflections on desirable qualification requirements for law firms and individuals to …

The European Community's Environmental Policy: A Case-Study In Federalism, Auke Haagsma

Fordham International Law Journal

This article will examine the European Community’s environmental policy and how spill-over effects in that area led to a transfer of powers from the Member-State to the Community level. It will also examine the manner in which governmental functions in this area are distributed between the two levels and, thus, whether the characteristics of a federal structure can be discerned.

Human Rights In The Asian Context: Prospects For Regional Human Rights Instruments, Virginia A. Leary

Connecticut Journal of International Law

This conference issue concerns International Courts and the Protection of Human Rights; it appears incongruous to include an article on Asia, a region where there is no court of human rights, no regional convention on human rights, not even an inter-governmental commission on human rights. But no discussion of worldwide protection of human rights would be complete without considering developments in that immense part of the globe labeled "Asia."

It has been said that the American regional human rights system is in its infancy. Using the same analogy, it would be appropriate to observe that an Asian human rights system …

Gatt And Recent International Trade Problems, John H. Jackson

Maryland Journal of International Law

No abstract provided.

Entering China Through The Sez Open Door, William N. Post Ii

UC Law SF International Law Review

One of the most important steps taken by the People's Republic of China in establishing its "open door" policy towards foreign businesses has been the establishment of four Special Economic Zones (SEZs). This Article outlines the objectives to be achieved through the SEZs, the extent to which these goals have been attained, and the advantages which accrue to foreign businesses by operating in SEZs. After enumerating the preferences available to foreign businesses that operate in the SEZs, the author describes the functions of the U.S. China Shantou Technology Trade Investment Resource, Ltd., which was established to facilitate entry into the …

Foreign Attorneys In Japan: The International Practice Of Law As A Question Of Unfair Trade Practices, Masako C. Shiono

American University International Law Review

No abstract provided.

Mergers And Partial Mergers Under Eec Law, Karen Banks

Fordham International Law Journal

This Article, in Parts I-III, traces the development of Articles 85 and 86 of the EEC Treaty from the drafting of the Treaty, through discussions in the 1960s on their possible application to mergers, to the Continental Can case in 1973 and its subsequent interpretation. Part IV examines the Commission's proposal for a regulation on the control of concentrations between undertakings. Part V explains the Commission's practice in relation to joint ventures (partial mergers), tracing the connection between this phenomenon and the merger problem. Finally, Part VI looks at recent developments that demonstrate the currently unsatisfactory state of this are …

Access To Civil Justice In The United States And The Soviet Union: A Comparative Analysis, John S. Scott

American University International Law Review

No abstract provided.

The Gatt And Services: Quill And Ink In An Age Of Word Processors, Robert N.H. Christmas

Fordham International Law Journal

This Note argues that because a significant portion of services are traded electronically, for example, via cable and satellite, any new agreement must encompass electronically-delivered services. Part I of this Note discusses the dispute in the international community over extending the GATT to cover services. Part II examines the problems posed by modern technology related to the inclusion of services in any multi-lateral agreement. Part III analyzes the inadequacy of existing and proposed GATT frameworks for dealing with the problems posed by electronically-delivered services. This Note concludes that while the existing and proposed GATT frameworks may provide a structure for …

Antitrust And Trade Policy In The United States And The European Community, David G. Gill

Fordham International Law Journal

This review states that this volume presents the contributions of four specialists in the field and goes on to state how the volume is divided almost equally between the analysis of United States law and decisions and of the application of anti-trust principles within the European Community.

The Single European Act: Attempt At An Appraisal, Hans-Joachim Glaesner

Fordham International Law Journal

This Article analyzes whether the Act [the Single European Act] will aid European unification. Part I argues that a realistic and balanced assessment of its results is possible through a comparison of the final outcome of its negotiations with the Act’s original objectives, in light of the political realities of the Community. Part II briefly chronicles the recent history of European political operation. Part III discusses the effect of the Act on the power of the Community over the Member States. Part IV analyzes the decision making processes provided for by the Act.

Article 5 Of The Eec Treaty: The Emergence Of Constitutional Principles In The Case Law Of The Court Of Justice, John Temple Lang

Fordham International Law Journal

This Article suggests that Article 5 imposes a wide variety of important duties on Member States, and that its implications extend much further than is generally realized.

Government Trade Policy And The Professional Regulation Of Foreign Lawyers, Sydney M. Cone Iii.

Articles & Chapters

This paper discusses United States government trade policy and the regulation of foreign lawyers. Although the expression "trade policy" implies a settled course of action adopted and followed by the United States government, in the area of legal services the formulation of government trade policy has been a rather fortuitous occurrence. Further, while the term "regulation," particularly in the context of the legal profession, suggests a recognizable and ordered system, the rules and procedures for the regulation of foreign lawyers in various jurisdictions do not fall readily into any pattern; instead they appear to be quite random. The regulation of …

Economic Perspectives On Trade In Professional Services, Jagdish N. Bhagwati

Faculty Scholarship

This paper will bring an economist's perspective to bear on three questions raised at this conference by some of the other important contributions:

1. How are services different from goods;
2. What implications do these differences have for the rules we seek to negotiate to free trade in services; and
3. How can we induce the key developing countries, such as Brazil, Egypt and India, which have generally opposed liberalization of trade in services, to support it?

Answers to these questions will naturally bear critically on the narrower question of international trade in professional, and especially legal, services, since recommendations and decisions on …

Protection Of Legal Privilege In Eec Competition Law: The Imperfections Of A Case, Theofanis Christoforou

Fordham International Law Journal

The AM & S Europe judgment by the Court of Justice of the European Union was the first ruling on the principle of confidentiality. Part I will deal with certain facets of the principle of confidentiality, not considered by the Court, in the light of a comparative analysis of the laws of the Member States. Finally, part II will analyse the impact of the Court’s ruling on both Community and national laws and briefly discuss the implications of the judgment for lawyers from third countries.