Law Commons^™

The Foreign Corrupt Practices Act: Implications For The Private Practioner, L. Robert Primoff

Syracuse Journal of International Law and Commerce

This article focuses on the problems of the FCPA as some private practitioners see them. Particularly for those representing small companies, the FCPA has had an adverse effect on the character, extent and quality of our overseas business.

Extraterritorial Extension Of Ftc Subpoena Power: Federal Trade Commission V. Compagnie De Saint-Gobain-Pont-A-Mousson, Kelly S. Thomas

North Carolina Journal of International Law

No abstract provided.

United States Taxation Of Foreign Direct Investment, Alan G. Cohate

Penn State International Law Review (1982 - 2011)

This article, while broad in scope, is narrow in focus. It aims solely at those aspects of the United States' internal tax laws which should be considered by the foreign investor in planning for his investment. These tax considerations may affect the structure of operation of the business enterprise in the United States. The article is not intended as a short course in United States taxation, and the reader should be aware that the complexities of the United States Internal Revenue Code and the regulations issued thereunder are so great that no particular fact situation can be correctly analyzed except …

Special U.S. Rules Directly Affecting Foreign Investment, C. Tanner Rose Jr.

Penn State International Law Review (1982 - 2011)

The purpose of this article is to provide a list of special U.S. rules which guide domestic attorneys in counseling foreign investors on tax and finance consequences of their transactions in the United States. A firm grasp of these rules, as a starting point, enables an attorney to formulate proper suggestions to foreign clients in acquiring property and conducting business without being subject to excessive tax consequences.

Introductory Notes: General Counseling For Foreign Investment, Stanhop S. Brown

Penn State International Law Review (1982 - 2011)

This article will first give a brief overview of the phenomenon of foreign investment in the United States. It will then examine in depth some of the things an American lawyer should keep in mind when dealing with a foreign business client and that client's home lawyer. Finally, it will touch upon a few substantive areas of United States law which are of particular relevance to the foreign investor. Other articles in this issue will discuss in greater detail the major substantive areas of law that are important in counseling a foreign client.

Extraterritorial Impact Of The United States Antitrust And Commercial Bribery Considerations, James G. Park

Penn State International Law Review (1982 - 2011)

Historically, the United States has sought to impose its moralistic values extraterritorially. Our antitrust laws and the Foreign Corrupt Practices Act are two well-known examples. Thus, in making the determination to engage in investment in the United States, a foreign entity must consider not only the more publicized restrictions of the Sherman Act and the Clayton Act on its activity within the borders of this country, but also be concerned with the extraterritorial impact of the United States' antitrust laws and the extent to which the decision to invest in the United States may create exposire under United States antitrust …

Antitrust Consideration In Making Investment In The United States, Thomas L. Vankirk

Penn State International Law Review (1982 - 2011)

The antitrust laws of the United States have taken on an increasingly significant role with regard to acquisitions and investments generally, and must be taken into consideration by a foreign investor interested in making foreign investments in the United States. Where the requisite contracts exist to establish subject matter jurisdiction, the antitrust laws of the United States will be applied to all proscribed acts regardless of the nationality of the participants. It is clear that most foreign investment in the United States constitutes the requisite minimum contacts required for jurisdiction.

There are two primary antitrust areas which should be addressed …

Foreign Statutory Response To Extraterritorial Application Of U.S. Antitrust Laws, John Cannon Iii

Penn State International Law Review (1982 - 2011)

This comment will outline the international response to extraterritorial application of United States antitrust law, focusing primarily on foreign statutory enactments. Following a brief review of United States antitrust legislation, American case law will be analyzed. The next section of the inquiry will consist of an examination of the so-called "blocking statutes" of eight major United States trading partners. Finally, alternative solutions to the conflict will be outlined.

Book Review: China's Economy In Global Perspective. By A. Doak Barnett

Northwestern Journal of International Law & Business

China'a Economy in Global Perspective surveys China's prospects as it enters the international community in its quest for rapid economic expansion. In analyzing the changes in China's economic relations with foreign countires, Barnett ponders both the internal and international implications of China's new policies. Beginning with the changes in China's domestic policies, he shows how change in China's international economic relations have led to increased foreign trade and acquisition of advanced technology from abroad. Mr. Barnett then discusses the prospects for continued growth in China's foreign trade and absorption of new technology, as well as the problems and opportunities for …

Comity And The International Application Of The Sherman Act: Encouraging The Courts To Enter The Political Arena, Steven A. Kadish

Northwestern Journal of International Law & Business

In this article, Mr. Kadish discusses the comity analysis of Timberlane Lumber Company v. Bank of America, and examines what it involves, what it accomplishes, whether it is justified, and whether there are preferable alternatives to it. He concludes that the Timberlane analysis should rejected, or at least limited becauses its use to determine United States' court jurisdiction is at best questionable, because it violates traditional abstention doctrine and current Supreme Court and Congressional treatment of foreigners' activities, because there may be insurmountable practical difficulties in applying the analysis, and because the analysis encourages courts to enter the political arena.

International Trading Companies: Building On The Japanese Model, Robert W. Dziubla

Northwestern Journal of International Law & Business

Passage of the Export Trading Company Act of 1982 provides new opportunities for American business to organize and operate general trading companies. After presenting a thorough history and description of the Japanese sogoshosha, Mr. Dziubla gives several compelling reasons for Americans to establish export trading companies. He also examines the changes in United States banking and antitrust laws that have resulted from passage of the act and offers suggestions for drafting guidelines, rules, and regulations for the Export Trading Company Act.

The Companies Act, 1980: Its Effects On British Corporate Law, M. Freeman Durham

Northwestern Journal of International Law & Business

The Companies Act, 1980, makes basic and important changes in the corporate law of Great Britain. It implements European Economic Community Second Directive on Company Law, and also extends regulations on director conflicts of interest, introduces prohibitions on insider dealing, requires directors to take employee interest into account, and facilitates minority shareholder access to the courts.

The Promised Land: Analysis Of Environmental Factors Of United States Investment In And Development Of The Amazon Region In Brazil, Daniel P. Caswell

Northwestern Journal of International Law & Business

This comment will look at the social, economic, and environmental situation pertaining to the Amazon region, the present regulation and policy, and foreseeable future trends, from three vantage points. The Brazilian perspective is one of conflicting interests, with the country's dramatic need for economic development balanced against its need to prevent the Amazon, its most valuable resource, from total destruction. The international perspective is one of increasing awareness of the global impact of the deforestation of tropical moist forests, and the need to develop and implement regional and international policies to manage this resource. The United States perspective considers the …

Scope Of Action Against Unfair Import Trade Practices Under Section 337 Of The Tariff Act Of 1930, J. Stephen Simms

Northwestern Journal of International Law & Business

Section 337 of the Tariff Act of 1930 and general powers of the United States International Trade Commission (ITC) provide the Commissions with a range of actions in cases of unfair methods of competition or unfair acts involved in importation of articles or in their sale. This comment will discuss the actions available to the Commission under Section 337, and suggest how the Commission should apply them.

Enforcement Of Foreign Arbitral Awards In The United States, J. Stewart Mcclendon

Northwestern Journal of International Law & Business

In this article, Mr. McClendon describes the requirements and procedures for enforcing arbitral awards in the United States. The author examines the provisions of both the New York Convention and the United States Arbitration Act. Mr. McClendon focuses on the substantive and procedural defenses to enforcement of foreign arbitral awards, and reviews the relevant United States case law.

Government Antitrust Actions And Remedies Involving Foreign Commerce: Procedural And Substantive Limitations, William C. Holmes

Northwestern Journal of International Law & Business

In recent years, application of American antitrust laws to activities in foreign commerce has been a source of controversy. In this article, Mr. Holmes addresses criticisms directed at the application of the antirtust laws to commercial activities abroad, and argues that these criticisms, while not without some merit, often fail to recognize the procedural and substantive limitations which have recently been imposed upon government agencies. Mr. Holmes discusses these limitations at length.

Introduction: The Incompatibility Of International Accommodation And Private Attorneys General, Joseph P. Griffin

Case Western Reserve Journal of International Law

No abstract provided.

International Arbitration, G. W. Haight

Case Western Reserve Journal of International Law

No abstract provided.

Political Asylum For The Haitians, Michael C.P. Ryan

Case Western Reserve Journal of International Law

No abstract provided.

Prohibiting Indirect Assistance To International Terrorists: Closing The Gap In United States Law, Dawna M. Cobb

Fordham International Law Journal

This Note analyzes the legislative history and case law construing the applicable statutes to determine if a court could extend these statutes to cover indirect involvement of United States citizens and resident aliens in international terrorist acts. The Note will demonstrate that current statutes do not adequately prohibit indirect involvement with international terrorists and will propose new legislation.

Preface, Sue A. Fauber

Case Western Reserve Journal of International Law

No abstract provided.

International Arbitration--Its Time Has Arrived, Gerald Aksen

Case Western Reserve Journal of International Law

No abstract provided.

Labor Arbitration In The United States And Britain: A Comparative Analysis, Anthony F. Barlett

Case Western Reserve Journal of International Law

No abstract provided.

Volume 14 Issue 2 (1982), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

Tax Aspects Of Foreign Investment--Introduction, Kevin K. Takeuchi

UC Law SF International Law Review

No abstract provided.

An Overview Of Inbound Foreign Investment, Michael W. Berwind

UC Law SF International Law Review

No abstract provided.

Income Effectively Connected With A United States Trade Or Business Or Attributable To A Permanent Establishment, Frederick R. Chilton Jr.

UC Law SF International Law Review

No abstract provided.

United States Taxation Of U.S. Corporations Operating Overseas, Zoltan M. Mihaly

UC Law SF International Law Review

No abstract provided.

Tax Aspects Of Currency Fluctuations, John P. Mcdonnell

UC Law SF International Law Review

No abstract provided.

Section 385 Regulations: New Perspectives On Debt Vs. Equity In International Transactions, Steven J. Cohen

UC Law SF International Law Review

No abstract provided.