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Full-Text Articles in Law
U.S. Supreme Court Subordinates Enforcement Of Regulatory Statutes To Enforcement Of Arbitration Agreements, Christine L. Davitz
U.S. Supreme Court Subordinates Enforcement Of Regulatory Statutes To Enforcement Of Arbitration Agreements, Christine L. Davitz
Vanderbilt Journal of Transnational Law
Through a series of cases culminating with Vimar Seguros Y Reaseguros v. M/V Sky Reefer, the U.S. Supreme Court has developed a strong pro-arbitration stance regarding disputes arising out of international commercial contracts. This Note analyzes the Court's reasons for this stance and compares those reasons with the history and purposes of the Federal Arbitration Act and the New York Convention. The author concludes that the Court's reasons are at odds with the FAA and the New York Convention. The Note further articulates the dangers posed to U.S. public policies that are created by allowing arbitration of statutory claims. The …
Reflections On The Economic Future Of Hong Kong, Ted Hagelin
Reflections On The Economic Future Of Hong Kong, Ted Hagelin
Vanderbilt Journal of Transnational Law
This Article assesses the economic future of Hong Kong after reunification with China. After reviewing Hong Kong's economic history, this Article discusses Hong Kong's present economic situation, and both the positive and negative influences on its economic future. The author identifies China's self-interest in Hong Kong's continued economic prosperity as a positive factor for Hong Kong's economy. China's self-interest stems largely from the recognition that Hong Kong's economic failure will impact China's politics, economics, and foreign relations. Negative developments within China, however, could lead to a precipitous downturn in Hong Kong's economy. Negative developments include potential military and political crises, …
Special Project -- Legal Issues Arising From The Mexican Economic Crisis, Robert L. Morgan -- Special Projects Editor, J. Robert Paulson, Jr., Fred A. Frost, Terrence L. Dugan, Cynthia L. Wells, G. Wilson Horde, Iii, Judith B. Anderson
Special Project -- Legal Issues Arising From The Mexican Economic Crisis, Robert L. Morgan -- Special Projects Editor, J. Robert Paulson, Jr., Fred A. Frost, Terrence L. Dugan, Cynthia L. Wells, G. Wilson Horde, Iii, Judith B. Anderson
Vanderbilt Journal of Transnational Law
The economic crisis in Mexico, which profoundly altered the financial and political course of that nation, has also had a significant impact on persons and corporations having business ties to Mexico. Foreign investors and businesses now are required to follow new Mexican rules that often differ dramatically from those previously in effect. The impact of the crisis has not been confined to changes in Mexican law. A substantial number of issues have arisen that will have significant bearing on United States and international law.
The Special Project discusses the changes in the legal environment following the crisis, with its focus …
Foreign Discovery And U.S. Antitrust Policy--The Conflict Resolving Mechanisms, Donald L. Flexner
Foreign Discovery And U.S. Antitrust Policy--The Conflict Resolving Mechanisms, Donald L. Flexner
Vanderbilt Journal of Transnational Law
A look back at the last thirty years of United States antitrust's foreign "voyages of discovery" among friendly nations reveals a picture too often resembling not so much an era of good feeling as a thirty years war. Following hard upon Judge Hand's famous formulation of the "effects" doctrine in Alcoa in 1946 the Antitrust Division conducted a series of investigations in which compulsory process was used to seek documents located in foreign nations. Prodded by what they viewed as U.S. antitrust authorities' impermissible overreaching, the affected countries began to enact defensive "blocking statutes." The passage by Canada's Ontario Province …
Recent Decisions, William W. Allen, Alexander A. Hassani, Peter A. Schuller
Recent Decisions, William W. Allen, Alexander A. Hassani, Peter A. Schuller
Vanderbilt Journal of Transnational Law
INCOME TAX--LIQUIDATION OF FOREIGN CORPORATIONS--SHAREHOLDERS IN A LIQUIDATING FOREIGN CORPORATION MUST INCLUDE IN THE CORPORATION'S EARNINGS AND PROFITS ACCOUNT THE AMOUNT OF RECAPTURED EXCESS DEPRECIATION REALIZED UPON THE SALE OF ITS ASSETS
William W. Allen
CUSTOMS DUTIES--ANTIDUMPING ACT OF 1921--THE SECRETARY OF THE TREASURY HAS No AUTHORITY TO TERMINATE A WITH-HOLDING OF APPRAISEMENT PRIOR TO THE PUBLICATION OF A DUMPING FINDING BASED ON A LIKELIHOOD OF INJURY DETERMINATION BY THE INTERNATIONAL TRADE COMMISSION
Alexander A. Hassani
INTERNATIONAL BANKING--BANKRUPTCY-FOREIGN BANKS NEITHER REGULATED BY NOR LICENSED To Do BUSINESS IN THE UNITED STATES MAY FILE FOR VOLUNTARY BANKRUPTCY UNDER THE NATIONAL BANKRUPTCY …
An Evaluation Of The Need For Further Statutory Controls On Foreign Direct Investment In The United States, Gregory E. Andrews
An Evaluation Of The Need For Further Statutory Controls On Foreign Direct Investment In The United States, Gregory E. Andrews
Vanderbilt Journal of Transnational Law
Negative opinions about the expansion of direct foreign participation in the American economy have ranged from xenophobic fears of a foreign economic takeover of the United States to more responsible concerns for the possible need to inhibit foreign penetration of certain critical industries and raw material sectors. These fears and negative reactions have been exacerbated by a paucity of available information to verify or rebut them. A number of congressional committees, therefore, have responded by scheduling investigatory hearings on foreign direct investment, while several members of Congress recently have sponsored legislation in this area. Senator Daniel Inouye (D-Hawaii), has introduced …
A Symposium On State Trading, William W. Bishop, Jr., Edwin D. Dickinson
A Symposium On State Trading, William W. Bishop, Jr., Edwin D. Dickinson
Vanderbilt Law Review
It is a privilege and an honor to be invited to introduce the following collection of articles on State Trading. In planning and organizing this symposium, the Vanderbilt Law Review has chosen to deal with an important factor in contemporary economic life--a factor which has widespread ramifications in both domestic and international law. The included articles cover a wide variety of subjects, and represent view-points which differ considerably. They have the common quality of clear and full presentation of information about current problems, while at the same time suggesting further lines for investigation. Each article offers much of interest and …
Commercial Treaties And International Trade Transactions In East-West Trade, Clive M. Schmitthoff
Commercial Treaties And International Trade Transactions In East-West Trade, Clive M. Schmitthoff
Vanderbilt Law Review
Operations of international trade law are transacted on two levels--that of public law and that of private law. This distinction is clearly drawn in the Report of the Secretary-General of the United Nations on "The Progressive Development of the Law of International Trade," a report which, it may be recalled, preceded the establishment of the United Nations Commission on International Trade Law (UNCI-TRAL) in December 1966. That report limits its ambit to the "law of international trade," which is defined as "the body of rules governing commercial relationships of a private law nature involving different countries." The report excludes from …