Law Commons^™

The Effects Of United States Antitrust Laws On The International Operations Of American Firms, Melvin Schwechter, Richard Schepard

Northwestern Journal of International Law & Business

United States antitrust laws increasingly have affected the international activities of U.S. corporations. The business community maintains that these laws have hurt international operations. In this article, Messrs. Schwechter and Schepard consider five major areas of concern to American businessmen: potential antitrust attacks upon licensing agreements, use of the foreign sovereign compulsion doctrine as an antitrust defense, subject matter jurisdiction and discovery, application of the "rule of reason" to international joint ventures, and the multifaceted nature of antitrust enforcement. They then discuss the Justice Department's response to the business community and propose several recommendations that should help United States firms …

Wars Of National Liberation: Jus Ad Bellum, Robert E. Gorelick

Case Western Reserve Journal of International Law

No abstract provided.

Books Received, Books Received

Case Western Reserve Journal of International Law

No abstract provided.

Export Subsidies: Countervailling Duties, Eric Garfinkel

Case Western Reserve Journal of International Law

No abstract provided.

Historical Perspective - The Past And Future Of U.S. Relations With China And The Ussr, Donald W. Treadgold

Maryland Journal of International Law

No abstract provided.

Normalization And Pacific And Triangular Diplomacy, Gaston J. Sigur

Maryland Journal of International Law

No abstract provided.

The Taiwan Issue [And Comments], Richard L. Walker, Yuan-Li Wu

Maryland Journal of International Law

No abstract provided.

Dealing With The Chinese, Alfred Le S. Jenkins

Maryland Journal of International Law

No abstract provided.

The Value Of The Chinese Connection [And Comments], Roger Sullivan, Michael Y.M. Kau, James C. Hsiung, Jan S. Prybyla

Maryland Journal of International Law

No abstract provided.

Legal Aspects Of The Normalization Process: Selected Issues [And Comments], Mark B. Feldman, Robert Dole, John Glenn

Maryland Journal of International Law

No abstract provided.

Note: Presidential Power To Terminate Treaties Without Congressional Action (Goldwater V. Carter, 100 S. Ct. 533 (1979), David I. Salem, Howard Jack Price Jr.

Maryland Journal of International Law

No abstract provided.

Is There Law In China? [And Comments], Jerome A. Cohen, Ross H. Munro, Daniel Kelly

Maryland Journal of International Law

No abstract provided.

Foreign Investment Incentives In The Developing World: The Legislation Of Greece, Egypt, Pakistan, Thailand And The Republic Of China, Paul Stephen Dempsey

Case Western Reserve Journal of International Law

No abstract provided.

The Legal Framework Of Foreign Investment In Egypt, Gamal El Nazer

Case Western Reserve Journal of International Law

No abstract provided.

Economic Sanctions Against South Africa?–Lessons From Rhodesia, Joel R. Paul

Faculty Scholarship

No abstract provided.

Toward Better Environmental Standard Setting: Lessons From Case Study, Douglas O. Linder

Faculty Works

No abstract provided.

The Tax Structure Of The People’S Republic Of China, Richard Pomp, Stanley Surrey

Faculty Articles and Papers

In the summer of 1979, a month-long seminar on taxation sponsored by Harvard Law School’s International Tax Program took place in the People’s Republic of China. Due to limited foreign investment, China was not required to consider the applicability of its domestic tax laws to foreigners. The expected increase in foreign investment after the passage of the 1979 Joint Venture Law will require changes to the existing tax structure. Currently, nine taxes exist in China. While an increase in foreign investment will lead to new taxes, some of the existing taxes may apply to foreigners.

This article examines the income …

Foreign Investment In Paraguay: An Analysis Of Incentives Under Law No. 550, Michael D. Schley

UC Law SF International Law Review

No abstract provided.

Japanese Postwar Attitudes Towards International Trade And Investment, Hobart Mck Birmingham

UC Law SF International Law Review

In 1977 the United States' bilateral trade deficit with Japan was over 8 billion dollars, roughly forty percent of the United States' overall trade deficit for that year. In this introductory article, the author examines the nationalistic orientation of the business government alliance established during the Meiji Era, the government validation process and the five steps of the post-war capital liberalization program. The article concludes with a brief analysis of prospects for the future.

Marketing And Antitrust In Japan, John O. Haley

UC Law SF International Law Review

In a recent series of cases the Japanese Fair Trade Commission has adopted a strict illegality approach and held one of the more typical manufacturer-imposed market channelling arrangements to constitute an unfair business practice in violation of article 19 of the Japanese Antimonopoly and Fair Trade Law. This article assesses these cases and their implications in the context of Japanese antitrust regulation of marketing.

Inducement For Exploration By Companies, Richard Young

Syracuse Journal of International Law and Commerce

This presentation and panel discussion are part of the Symposium, entitled: Mining the Deep Seabed: a Range of Perspectives. It discusses why industries are interested in this activity, and what assurances companies need to continue the activity.

Domestic Legislation And The Law Of The Sea Conference, Paul N. Mccloskey Jr.

Syracuse Journal of International Law and Commerce

This presentation and panel discussion are part of the symposium entitled: Mining the Deep Seabed: A Range of Perspectives. It addresses some of the issues facing the United States Congress such as protecting the position of U.S. companies, as well as promoting international agreements with regards to ocean mining.

Deep Seabed Mining And Developing Countries, Roy Lee

Syracuse Journal of International Law and Commerce

This presentation and panel discussion are part of the symposium entitled: Mining the Deep Seabed: a Range of Perspectives. The paper presents the views of the developing countries on the following group of issues: first, the Declaration of Principles and the value of seabed mining; second, the role of the Enterprise; and third, the institutional arrangements.

New Developments In Law In The People's Republic Of China, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

Recently, Chinese leaders have begun to promote the development of legal standards andformal legal institutions for China. In this article, Mr. Lubman explores the background and current status of the role of law in China and assesses its relationsho to China's economic development, domestic politics, and international economic relations. Mr. Lubman suggests that students of Chinese law must create new theoreticalperspectives to study the new developments.

Exporting To The People's Republic Of China, Radovan S. Pavelic

Case Western Reserve Journal of International Law

No abstract provided.

Foreign Acquisition Of A United States Business: The Tax Considerations, William L. Bricker Jr., James M. Boyd Jr.

Case Western Reserve Journal of International Law

No abstract provided.

The Beagle Channel Affair: A Failure In Judicial Persuasion, David M. Himmelreich

Vanderbilt Journal of Transnational Law

It has been demonstrated that although the Argentine Declaration of Nullity does not contain valid legal arguments for rejection, it does indicate weaknesses in the Court's opinion that make it vulnerable to rejection for political reasons. Specifically, the Court's remarks about Chilean possession of disputed islands outside the hammer were especially ill-advised. In addition, the Court failed to clearly articulate the reason for dividing the small Channel islands by appurtenance while refusing to do so for PNL. Finally, the Court's refusal to apply an Oceanic principle, even in a narrow sense, was questionable in a case in which the legal …

Foreign Sovereign Immunity--The Status Of Legal Entities In Socialist Countries As Defendants Under The Foreign Sovereign Immunities Act Of 1976, Jere G. Thompson

Vanderbilt Journal of Transnational Law

The Foreign Sovereign Immunities Act of 1976 (FSIA) grants an "agency or instrumentality" of a foreign state substantially the same immunities that are provided to the state itself under the Act. An agency or instrumentality of a foreign state is defined in section 1603(b) of the FSIA. Section 1603(b) lists the following three criteria that must be met by an entity in order to qualify as an agency or instrumentality for sovereign immunity purposes: (1) the entity must be a legally independent person under the laws of the foreign state in which it was created; (2) the entity must be …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY-- An Owner Must Arbitrate a Claim that a Parent Company Assigned to its Subsidiary when the Owner Contemplated such Arbitration in a Contract with the Subsidiary

2. DIPLOMATIC IMMUNITY-- United Nations Employees not Accorded Diplomatic Immunity in Cases of Espionage; Recapture of Stolen Classified Information Diplomat does not Violate Diplomatic Immunity

3. EXTRADITION-- United States Extradition Treaty Applicable to all Enumerated Crimes regardless of the Sentence Imposed

4. INTERNATIONAL PATENT REGULATION-- Motion Requesting Benefit of Foreign Patent in Patent Interference Action is Proper without Supporting Statement of Reasons when Opponent can Fairly Respond

5. JURISDICTION AND PROCEDURE-- Dismissal …

"Force" Under Article 2(4) Of The United Nations Charter: The Question Of Economic And Political Coercion, James A. Delanis

Vanderbilt Journal of Transnational Law

Since the adoption of this article the meaning of the word force has been disputed by political leaders and delegates to the United Nations. Invariably these disputes have centered on whether the prohibition against "the threat or use of force" in article 2(4) applies only to the threat or use of military force or extends to the threat or use of political and economic force as well.

Prompted in some instances by the economic and political coercion of the Arab oil boycott, international scholars have begun to study the legal definition of the term force, as it is used in …