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Full-Text Articles in Law
Tax Havens, Charles R. Irish
Tax Havens, Charles R. Irish
Vanderbilt Journal of Transnational Law
Opinions about tax havens cover a wide spectrum. Some suggest tax havens present an unacceptable face of capitalism and inflict considerable damage on the economies of nonhaven countries. Others argue that havens offer relief from oppressive taxes and other regulations which inhibit the free and efficient flow of capital; and still others hold the view that tax haven status may act as a catalyst for economic development. Obviously, the opinions vary according to whether a person is a tax collector in a non-haven country, a taxpayer engaged in international business activities, or a government policymaker in a haven country.
The …
Legal Aspects Of Doing Business With And In Hungary, Lajos Schmidt
Legal Aspects Of Doing Business With And In Hungary, Lajos Schmidt
Vanderbilt Journal of Transnational Law
A recent New York Times article describes Hungary as "the Communist world's economic showcase, with plenty of goods in the shops and a fair measure of political liberty." It points out that while Poland is struggling with idle factories and empty stores, Romania has introduced food rationing and Czechoslovakia may do the same, the Soviet Union is buying foreign grain to bridge the winter, and East Germany is feeling the impact of rising energy prices and a widening trade gap, Hungary is prospering. How can a small member of the Council for Mutual Economic Assistance (COMECON) with little mineral or …
Recent Development, Platte B. Moring, Iii
Recent Development, Platte B. Moring, Iii
Vanderbilt Journal of Transnational Law
While few commentators question the international status of the Community in relation to the Member States and those countries with which it has negotiated treaties, the question of whether the Common Market possesses a universally recognizable personality remains open. In determining the international status of the United Nations, the ICJ in the Reparations Case stated that fifty states, "representing the vast majority of the members of the international community, had the power in conformity with international law to bring into being an entity possessing an objective international personality and not only personality recognized by them alone. If this recognition standard …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
The Law of Transnational Business Transactions
Edited by Ved P. Nanda
New York: Clark Boardman Company, Ltd., 1981.Pp. 631. Looseleaf (Supplemented periodically). $75.00.
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Managing the Risks of International Agreement
By Richard B. Bilder
Madison, Wisconsin: The University of Wisconsin Press, 1981. Pp. 302. $22.50.
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The Family in International Law: Some Emerging Problems
Edited by Richard B. Lillich
Charlottesville, Virginia: The Michie Company, 1981. Pp. 164.
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International Aspects of Criminal Law: Enforcing United States Law in the World Community
Edited by Richard B. Lillich
Charlottesville, Virginia: The Michie Company, 1981. Pp.245.
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Boundaries: National Autonomy and its Limits …
The Impact Of United States Antitrust Law On The Balance Of Trade, David N. Goldsweig, Kenneth D. Enborg, Thomas F. Walton
The Impact Of United States Antitrust Law On The Balance Of Trade, David N. Goldsweig, Kenneth D. Enborg, Thomas F. Walton
Vanderbilt Journal of Transnational Law
This Article explores the underlying propositions that the United States antitrust agencies have created a barrier to the export of United States industrial goods or have impeded their domestic manufacture with respect to this nation's major trading partners. We conclude that neither proposition is well supported by solid evidence, although improved cooperation among Government and business and a less litigious climate are desirable in this area as well as all other industry-government relations." This Article first considers the impact of antitrust enforcement on the export or overseas distribution stage of United States domestic producers and then turns to the effect …
The Concepts Of Similarity And Indirect Protection Under Eec Treaty Article 95: The Alcohol Cases, Steven R. Swanson
The Concepts Of Similarity And Indirect Protection Under Eec Treaty Article 95: The Alcohol Cases, Steven R. Swanson
Vanderbilt Journal of Transnational Law
One of the purposes of the Common Market is to create a single economic unit in which the sector that produces a particular good most efficiently will do so while driving out less efficient industries. This maximizes the use of scarce monetary, raw material, and labor resources. For example, assuming that there are no trade barriers, if the Italians can produce grapes more cheaply than the Germans, they will do so and export the grapes to Germany. Conversely, Germany may be able to export cars if it can produce them more efficiently and cheaply than the other Common Market states. …
Symposium Introduction, Terry Calvani
Symposium Introduction, Terry Calvani
Vanderbilt Journal of Transnational Law
This Symposium issue of the Vanderbilt Journal of Transnational Law presents a collection of excellent articles on current antitrust law and United States international trade practices by some of the most knowledgeable scholars in the field, all of whom possess not only superb academic credentials but also a wealth of experience in international antitrust practice. Wilbur Fugate, former chief of the Foreign Commerce Section of the Antitrust Division and a distinguished author on antitrust and foreign commerce, opens the Symposium by examining the Webb-Pomerene Act" in light of the very recently enacted Export Trading Company Act of 1982...
The Symposium …
The Export Trade Exception To The Antitrust Laws: The Old Webb-Pomerene Act And The New Export Trading Company Act, Wilbur L. Fugate
The Export Trade Exception To The Antitrust Laws: The Old Webb-Pomerene Act And The New Export Trading Company Act, Wilbur L. Fugate
Vanderbilt Journal of Transnational Law
This Article discusses the history of the Webb Act as a prelude to a discussion of the new legislation. Because the standards in the new Export Act are similar to those in the Webb Act, the precedents under the Webb Act will remain important for interpreting the new legislation. Furthermore, a review of the Webb Act and of the alternatives proposed over the years gives an insight into the reasoning behind having an export exception to the antitrust laws... This Article will examine the Webb Act and its operation; the courts' treatment of the Webb Act; the manifold suggestions and …
Draft International Anticounterfeiting Code: Neo-Realism As A Vehicle For Analyzing The Effect Of Nonsignatories' Perceptions On The Development Of An Anticounterfeiting Norm, Shari D. Olenick
Vanderbilt Journal of Transnational Law
NOTE -
The United States, the European Common Market (EEC), Canada, and Japan are currently considering a draft convention entitled "Agreement on Measures to Discourage the Importation of Counterfeit Goods' (hereinafter referred to as the Anticounterfeiting Code or Code) which is designed to minimize the international problem posed by counterfeit merchandise. This Note highlights the international legal significance of the counterfeiting problem. Previous attempts to confront the problem provide the backdrop for a tripartite analysis which treats the following issues in the proposed Code: workability questions evident from an initial examination of the Code; the Code as a norm-creating vehicle; …
Updating The Antitrust Guide On International Operations, Eleanor M. Fox
Updating The Antitrust Guide On International Operations, Eleanor M. Fox
Vanderbilt Journal of Transnational Law
Since the enactment of the antitrust laws, policy makers, scholars, and business executives have debated whether the United States antitrust laws chill export and investment abroad. The terms of the debate have not changed significantly for more than a decade. The law and the government's enforcement policies, however, have changed. Since the United States Department of Justice issued its Guide on Antitrust and International Operations (Guide) on January 26, 1977, law and enforcement policy have become more hospitable to private business decisions that would increase exports and foreign investment.
This Article attempts to update the Guide. It is confined largely …
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
Books Received
CANADIAN CRIMINAL LAW: INTERNATIONAL AND TRANSNATIONAL ASPECTS
By Sharon A. Williams and J. G. Castel
Toronto: Butterworth's, 1981. Pp. 513. $80.00.
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CASES AND MATERIALS ON SALE OF GOODS
By John Adams
London & Canberra: Croom Helm: Ltd., 1982. Pp. 174. $15.50.
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THE DEFENSE POLICIES OF NATIONS: A COMPARATIVE STUDY
Edited by Douglas J. Murray and Paul R. Viotti
Baltimore and London: The Johns Hopkins University Press, 1982. Pp. 525. $35.00 (cloth), $12.95 (paper)
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DOCUMENTS ON THE LAWS OF WAR
Edited by Adam Roberts and Richard Guelff
New York: the Clarendon Press; Oxford University Press, 1982. …