Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 127621 - 127650 of 1195982

Full-Text Articles in Entire DC Network

Third Annual International Business Law Symposium: Cuban Legal Evolution: Encouraging Foreign Trade & Investment—Cuban Legal Evolution: Encouraging Foreign Trade And Investment, Michael Wallace Gordon, Luis M. Santana, Leonardo Rodriguez, Pedro Monreale, Raul Moncarz, Tatiana Camacho, Jorge Rodriguez-Chomat Jun 2022

Third Annual International Business Law Symposium: Cuban Legal Evolution: Encouraging Foreign Trade & Investment—Cuban Legal Evolution: Encouraging Foreign Trade And Investment, Michael Wallace Gordon, Luis M. Santana, Leonardo Rodriguez, Pedro Monreale, Raul Moncarz, Tatiana Camacho, Jorge Rodriguez-Chomat

Florida Journal of International Law

No abstract provided.


Nafta: The Best Friend Of An Intellectual Property Right Holder Can Become Better, Neil Jetter Jun 2022

Nafta: The Best Friend Of An Intellectual Property Right Holder Can Become Better, Neil Jetter

Florida Journal of International Law

No abstract provided.


Constitutional Law: Due Process And Commerce Clause Concerns In State Taxation Of Multinational Corporations In Wake Of The Barclays Case, Beverly L. Hayes Jun 2022

Constitutional Law: Due Process And Commerce Clause Concerns In State Taxation Of Multinational Corporations In Wake Of The Barclays Case, Beverly L. Hayes

Florida Journal of International Law

No abstract provided.


A Comparative Study Of The Bulgarian Law On Foreign Investment And The Foreign Investment Laws Of Hungary, Poland, And The Czech Republic Through The Prism Of The World Bank Guidelines For Treatment Of Foreign Investment, Youlian Simidjiyski Jun 2022

A Comparative Study Of The Bulgarian Law On Foreign Investment And The Foreign Investment Laws Of Hungary, Poland, And The Czech Republic Through The Prism Of The World Bank Guidelines For Treatment Of Foreign Investment, Youlian Simidjiyski

Florida Journal of International Law

No abstract provided.


Gatt 1994 Dispute Settlement: Sacrificing Diplomacy For Efficiency In The Multilateral Trading System?, Taunya Mclarty Jun 2022

Gatt 1994 Dispute Settlement: Sacrificing Diplomacy For Efficiency In The Multilateral Trading System?, Taunya Mclarty

Florida Journal of International Law

Because there were changes in regards to the Anti-Dumping Code, the Subsidies Code, and the general GATT dispute procedures, this article will contrast the provisions of GATT 1947 and GATT 1994 for all three. Part II, II, and IV discuss the Anti-Dumping Code, the Subsidies Code, and the general GATT dispute procedures, respectively. Additionally, Part V examines policy issues and controversies, such as the current role of GATT, the potential demise of the new organization from insolvable conflict, and threats to U.S. sovereignty, that are relevant to all three of the dispute settlement frameworks.


Nationality Law, Sovereignty, And The Doctrine Of Exclusive Domestic Jurisdiction, Satvinder S. Juss Jun 2022

Nationality Law, Sovereignty, And The Doctrine Of Exclusive Domestic Jurisdiction, Satvinder S. Juss

Florida Journal of International Law

This article discuss the importance of nationality law, both nationally and internationally, and argues for a more robust role to be played by international law.


The Constitutionality Of Nafta's Dispute Resolution Process, Justin Senior Jun 2022

The Constitutionality Of Nafta's Dispute Resolution Process, Justin Senior

Florida Journal of International Law

No abstract provided.


The Manatee: Facing Imminet Extinction, Sherry Marie Coté Jun 2022

The Manatee: Facing Imminet Extinction, Sherry Marie Coté

Florida Journal of International Law

Because the Florida and Antillean Manatees are the most closely related, this note will examine their problems in particular. Part II of this note will examine the biological and behavioral characteristics which contribute to the problems of manatee extinction. Part III will examine the scope of the Convention on International Trade in Endangered Species, a multilateral treaty designed to prevent trade in endangered species. Part IV and V will deal with Federal and Florida protections of the Florida Manatee.

Part VI will discuss this author’s proposal for a comprehensive solution to the problem in Florida. This program includes (1) increased …


The European Community's Parent-Subsidiary Directive, Charles M. Harris Jr. Jun 2022

The European Community's Parent-Subsidiary Directive, Charles M. Harris Jr.

Florida Journal of International Law

Tax planners and investors must understand the provisions of the Directive as well as the manner in which the Member States have implemented them. For U.S. businesses, the Directive presents a significant challenge because it may reduce costs for Community multinationals and will encourage more intra-Community investment rather than E.C. investment in the United States or elsewhere. While measures exist for U.S. businesses to qualify under the Directive, these measures have U.S. tax consequences. Essentially, the Directive forces U.S. companies with European operations to reconsider their corporate structure in the EC.

This article will address these issues. The next chapter …


Structuring Direct Investment In Latin America: Keeping Pace With New Financial Regimes, Innovative Investment Vehicles, And Changing Labor Laws, Salvador J. Juncadella, Jorge Bustamante, Francisco Castillo Garcia, Raul Izurieta, Patricia Lopez Aufranc, Luis Zuñiga, Mark Zelek, Michael A. Bromberg Jun 2022

Structuring Direct Investment In Latin America: Keeping Pace With New Financial Regimes, Innovative Investment Vehicles, And Changing Labor Laws, Salvador J. Juncadella, Jorge Bustamante, Francisco Castillo Garcia, Raul Izurieta, Patricia Lopez Aufranc, Luis Zuñiga, Mark Zelek, Michael A. Bromberg

Florida Journal of International Law

No abstract provided.


Indirect Investment Opportunities And Challenges: Agency, Licensing, Distribution, And Franchising, William P. "Jay" Andrews, Clyde Mcfarland, Ricardo Barretto Ferreira Da Silva, Peter Rodenbeck, Ana Julia Jatar, Franciso Javier, Silvia Regina Dain Gandelman, Antonio Millé Jun 2022

Indirect Investment Opportunities And Challenges: Agency, Licensing, Distribution, And Franchising, William P. "Jay" Andrews, Clyde Mcfarland, Ricardo Barretto Ferreira Da Silva, Peter Rodenbeck, Ana Julia Jatar, Franciso Javier, Silvia Regina Dain Gandelman, Antonio Millé

Florida Journal of International Law

No abstract provided.


The Surge In Trade With Latin America: Considerations In The Export Trade, Mark Rosenberg, Jay T. Malina, Alfredo Fournier, Francisco De P. Carral Puccio, Daniel Price, Luis Malpicca De La Madrid Jun 2022

The Surge In Trade With Latin America: Considerations In The Export Trade, Mark Rosenberg, Jay T. Malina, Alfredo Fournier, Francisco De P. Carral Puccio, Daniel Price, Luis Malpicca De La Madrid

Florida Journal of International Law

No abstract provided.


Trademark Law: Interpreting The Congressional Intent Of The Extraterritorial Application Of The Lanham Trademark Act, Robert Butts Jun 2022

Trademark Law: Interpreting The Congressional Intent Of The Extraterritorial Application Of The Lanham Trademark Act, Robert Butts

Florida Journal of International Law

This note focuses on court decisions concerning the extraterritorial reach of the Lanham Act (Act). The Act does not expressly establish the limits of its jurisdiction beyond the territorial boundaries of the United States. Therefore, its extraterritorial scope has been defined primarily by judicial decisions.

This note analyzes the evolution and various applications of both extraterritorial tests as they are used by district and circuit courts to determine the reach of the Act. Specifically, the note is divided into four separate discussions of how the Second, Fourth, Fifth, and Ninth Circuits determine the extraterritorial reach of the Act. These are …


The Environmental Side Agreement Between Mexico And The United States—An Effective Compromise?, Linda Dupuis Jun 2022

The Environmental Side Agreement Between Mexico And The United States—An Effective Compromise?, Linda Dupuis

Florida Journal of International Law

While NAFTA includes Canada, Mexico, and the United States, this Note focuses on its effectiveness between Mexico and the United States. First the Note describes the current pollution problem along the U.S.-Mexico border. It then summarizes past and current laws and treaties involving Mexico and the United States. Finally, the Note examines the inherent benefits and defects of NAFTA and its Environmental Side Agreement, as well as their projected impact on the current pollution problem along the U.S.-Mexico border.


The Administering Authority In The Venezuelan Antidumping And Subsidy Law, Jorge Castro-Bernieri Jun 2022

The Administering Authority In The Venezuelan Antidumping And Subsidy Law, Jorge Castro-Bernieri

Florida Journal of International Law

No abstract provided.


International Reaction To The Cuban Democracy Act, Gabriel M. Wilner Jun 2022

International Reaction To The Cuban Democracy Act, Gabriel M. Wilner

Florida Journal of International Law

No abstract provided.


Extraterritorial Jurisdiction And The Cuban Democracy Act, Harold G. Maier Jun 2022

Extraterritorial Jurisdiction And The Cuban Democracy Act, Harold G. Maier

Florida Journal of International Law

No abstract provided.


Second Annual International Business Law Symposium: Trading With Cuba: The Cuban Democracy Act And Export Rules, E.K. Cottrell, Michael Wallace Gordon, Clara David, Harold G. Maier, Manfred Wolf, Gabriel M. Wilner Jun 2022

Second Annual International Business Law Symposium: Trading With Cuba: The Cuban Democracy Act And Export Rules, E.K. Cottrell, Michael Wallace Gordon, Clara David, Harold G. Maier, Manfred Wolf, Gabriel M. Wilner

Florida Journal of International Law

No abstract provided.


Human Rights In Bosnia: Implementing An Effective Prosecution, Danielle Lachman Jun 2022

Human Rights In Bosnia: Implementing An Effective Prosecution, Danielle Lachman

Florida Journal of International Law

This comment will analyze the newly established war crimes tribunal and then determine whether the tribunal will be a successful prosecutorial and deterrent device. In addition, this comment will consider whether a permanent criminal court under the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) is a viable alternative to the temporary tribunal.


Latin American And Regional Trade Alliances: Country Updates Part Iii, L. Janá Sigars, Jeffrey Bialos, Jose Angel Canela, Leonard Rosenburg, Eduardo Lessa Bastos, Alfredo Vitolo Jun 2022

Latin American And Regional Trade Alliances: Country Updates Part Iii, L. Janá Sigars, Jeffrey Bialos, Jose Angel Canela, Leonard Rosenburg, Eduardo Lessa Bastos, Alfredo Vitolo

Florida Journal of International Law

No abstract provided.


Country Updates Part Iv, Jorge Ortiz, Eduardo Gallastegui Armella, Arturo Alessandri-Cohn Jun 2022

Country Updates Part Iv, Jorge Ortiz, Eduardo Gallastegui Armella, Arturo Alessandri-Cohn

Florida Journal of International Law

No abstract provided.


The New Legal Framework For High Technology Industries In Latin America: Country Updates Part Ii, David L. Teichmann, William P. "Jay" Andrews, Aileen Pisciotta, Robert M. Sherwood, Robson G. Barreto Jun 2022

The New Legal Framework For High Technology Industries In Latin America: Country Updates Part Ii, David L. Teichmann, William P. "Jay" Andrews, Aileen Pisciotta, Robert M. Sherwood, Robson G. Barreto

Florida Journal of International Law

No abstract provided.


Unintended Sibling Legislation? Statutory Regulations Of Child Labor In Germany And In The United States, Carol Daugherty Rasnic Jun 2022

Unintended Sibling Legislation? Statutory Regulations Of Child Labor In Germany And In The United States, Carol Daugherty Rasnic

Florida Journal of International Law

This essay analyzes the federal child labor laws of Germany and the United States in an attempt to ascertain whether similarly extreme distinctions are evident in this area as well. The two bodies of law will be compared according to: (1) businesses or employers subject to the laws; (2) individuals protected; (3) exemptions or exceptions; (4) types of work prohibited for minors and scope of restrictions and duties on employers; and (5) penalties for violations and enforcement procedures. A study of Germany’s statute protecting the minor worker (jugendarbeitsschutzgesetz) and the child labor provisions of the United States’ Fair …


To Apply Or Not To Apply: Extraterritorial Application Of Federal Rico Laws, Kelly Christie Jun 2022

To Apply Or Not To Apply: Extraterritorial Application Of Federal Rico Laws, Kelly Christie

Florida Journal of International Law

No abstract provided.


The U.S.-Mexico Tax Treaty, Eric J. Smith Jun 2022

The U.S.-Mexico Tax Treaty, Eric J. Smith

Florida Journal of International Law

The first treaty between the United States and Mexico for the avoidance of double taxation (Treaty) entered into force on January 1, 1994. The Treaty represents a significant milestone in the economic relations between the two countries, especially in light of the historic North American Free Trade Agreement (NAFTA). The Treaty complements NAFTA and will improve the investment climate in both countries, building on an already dynamic economic partnership between the United States and Mexico.

The purpose of this article is to analyze the Treaty in the context of model bilateral tax treaties and other recent U.S. tax treaties, with …


Abductions Of Terrorists In International Airspace And On The High Seas, Douglas Kash Jun 2022

Abductions Of Terrorists In International Airspace And On The High Seas, Douglas Kash

Florida Journal of International Law

The solutions for successfully defining, preventing, and punishing terrorist acts remain elusive. After decades of international, regional, and domestic conventions and drafts, resolutions, and statutes, the world community has yet to accept any single definition as universally sound. This article will describe some of these conventions which, due to the perceived and real ineffectiveness of earlier legislation, have been modified by later conventions. This article also will describe and justify incidents in which countries have had little choice but to resort to self-help measures and apprehend terrorists from the international airspace and on the high seas. Events such as the …


Resurgence Of Nazism In Germany—An Attitude Problem, Karen Y. Crabbs Jun 2022

Resurgence Of Nazism In Germany—An Attitude Problem, Karen Y. Crabbs

Florida Journal of International Law

This article focuses on benefits and the effects which foreigners have had on Germany’s economic and social structure. First, however, both the events leading up to a resurgence of Nazism in Germany and the reasons why Nazism has survived will be addressed in parts II and III, respectively. In part IV, the steps taken by the German government and many of her private citizens to combat the growing violence will be discussed. Finally, an attempt will be made to put these subjects into perspective with regard to the future of extremist parties in Germany and the effect they will have …


The European Rate Mechanism: It Continues To Function, But…, Daniel T. Murphy Jun 2022

The European Rate Mechanism: It Continues To Function, But…, Daniel T. Murphy

Florida Journal of International Law

It has been forcefully argued that the United States is now one of three major global trading blocks, Japan and Europe being the other two; and that in many respects it is the weakest of the three. In support of these propositions, facts are adduced to demonstrate that in many industries and settings the United States has its position as a leader or initiator and is now in a reactive rather than a pro-active role.

The recession from which the United States is just emerging, and in which much of the rest of the rest of the industrialized world is …


Resolution Of An International Transaction Under Mexican Conflict Of Laws Principles, Leonel Pereznieto Castro Jun 2022

Resolution Of An International Transaction Under Mexican Conflict Of Laws Principles, Leonel Pereznieto Castro

Florida Journal of International Law

The case presented by Professor Michael Gordon shows the degree of complexity a matter having international connections can reach even when it apparently is a simple one. Simultaneously, Professor Gordon gives us the opportunity of choosing different options for interpretation, and as already mentioned by Professor Juenger, we now truly have become experts in putting together jigsaw puzzles.

In contrast to the United States and Canada, Mexico’s legislation and binding precedents do not have a rich international experience to draw from because until just a few years ago Mexico’s economy and legislation had been closed to foreign influence. However, the …


An International Transaction In The Canadian Conflict Of Laws, Joost Blom Jun 2022

An International Transaction In The Canadian Conflict Of Laws, Joost Blom

Florida Journal of International Law

If there were free trade in litigation throughout North America, as NAFTA promises to create in goods and services, a plaintiff would just sue a defendant wherever it perceived it would get the best deal, in terms of value of remedies compared with the cost of litigation. The courts and legal professions in each jurisdiction would compete with each other to provide the most efficient service and the fairest result for each litigant. In the legal market, however, boundaries are still definitive. The administrative of justice is, to a large extent, in the hands of local monopolies operated by federal, …