Law Commons^™

Some Problems Involving Enforcement Of Contracts And Secured Financing: Panel Discussion Part One, Michael W. Gordon, Matthew H. Adler, Hope Camp, David Epstein, Cesar Garcia Mendez, Michael Owen

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Some Post-Litigation Issues: Enforcement Of A Foreign Judgment Which Includes Compensatory, Moral And/Or Punitive Damages; Enforcement Of Injunctive Relief And Specific Performance: Enforcement Of Costs, Interest, And Attorneys' Fees, Determination Of The Proper Currency In An Enforcement Proceeding: Panel Discussion Part 2, Michael W. Gordon, Matthew H. Adler, Christopher P. Bauman, David Epstein, Cesar Garcia Mendez, Ted Occhialino

United States - Mexico Law Journal (1993-2005)

No abstract provided.

General Goods: A Case Involving Security Interests In Inventory And Accounts In The United States, Canada, And Mexico, John E. Rogers, Carlos De La Garza-Santos

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Roundtable Discussion, Joseph W. Dellapenna, Laurelyn Douglas, Ted Hagelin, Edwin L.-C. Lai, Harold G. Maier, Yu Ping, John M. Rogers, Ying J. Rogers, Peter Wesley-Smith

Vanderbilt Journal of Transnational Law

What we are trying to do in this meeting is to predict what Hong Kong is going to become. One thing of which we can be fairly confident is that we can't know now what Hong Kong will become. Yet speculating is often worthwhile, and so this morning I've asked Peter [Wesley-Smith] and I gave him two minutes' warning--to continue what he had done at the outset of yesterday's sessions. You'll remember that he described a history of the relationship among Hong Kong, various treaties, and what is now the People's Republic of China (hereinafter P.R.C.). I've asked Peter if …

States, Industrial Policies & Antidumping Enforcement In Japan, South Korea And Taiwan, John K.M. Ohnesorge

Buffalo Journal of International Law

No abstract provided.

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 …

The Economic Implications Of The Reunification Of Hong Kong With China, Edwin L.-C. Lai

Vanderbilt Journal of Transnational Law

Professor Lai presented this essay at the Vanderbilt Journal of Transnational Law Symposium 1997: Hong Kong's Reintegration into the People's Republic of China. Professor Lai has updated his work since Hong Kong and China reunified. The author questions whether Hong Kong will really be able to remain an independent economic entity while also being a dependent political entity under the unprecedented "one country, two systems" concept.

In this essay, the author identifies the conditions under which Hong Kong's economy can prosper, both in the short term and the long term. After reviewing Hong Kong's recent economic performance, the author assesses …

Selected Bibliography: The Reintegration Of Hong Kong Into China, Audrey E. Haroz, Jonathan R. Smith

Vanderbilt Journal of Transnational Law

The reintegration of Hong Kong into the People's Republic of China (hereinafter P.R.C.) on July 1, 1997, brought together two countries, one capitalist and one communist, under one rule. As evidenced by the variety of perspectives offered at the Vanderbilt Journal of Transnational Law's Symposium on Hong Kong's Reintegration into the P.R.C., there is much scholarly debate concerning this merger and the effect it will have on the people and politics of both countries as well as on the international community.

An earlier version of this bibliography is included in the May 1997 issue of the Journal. This bibliography has …

Foundation-Building For Western Hemispheric Integration, Frederick M. Abbott

Northwestern Journal of International Law & Business

The United States is embarked upon an ambitious program of western hemispheric economic integration about which its domestic body politic is decidedly ambivalent. The process in which the North American Free Trade Agreement (NAFTA) was approved in 1993 re- vealed deep divisions between the major political parties and their various interest group constituencies concerning the appropriate scope of an economic integration agenda. The Mexican peso crisis that began in December 1994 provoked a deep crisis of confidence regarding Mexico's readiness to participate in a mature economic partnership with the United States and Canada. Subsequent revela- tions relating to corruption infecting …

Dispute Resolution As A Catalyst For Economic Integration And An Agent For Deepening Integration: Nafta And Mercosur?, Cherie O'Neal Taylor

Northwestern Journal of International Law & Business

An economic integration arrangement between nations cannot exist without the creation of the necessary institutions. Any free trade, customs union or common market agreement1 must have, at a minimum, political institutions and a dispute settlement mechanism. The political institutions are necessary to allow the countries to reach decisions about how to implement the treaty obligations and objec- tives and to oversee that implementation. The dispute settlement mechanism is needed to resolve disputes that may arise over the meaning and application of the agreement's legal obligations and objectives. A dispute settlement mechanism is crucial to the viability of an economic integration …

The Limits Of Economic Power: Section 301 And The World Trade Organization Dispute Settlement System, C. O'Neal Taylor

Vanderbilt Journal of Transnational Law

Since World War 1I, the United States has sought trade liberalization through the use of multilateral and unilateral actions under the General Agreement on Tariffs and Trade (GATT) and Section 301 of the Trade Act of 1974, respectively. Unilateralism by the United States has involved the forceful opening of foreign markets by the threat of sanctions, such as blocking access to the U.S. market. Such unilateral actions led the world trading system into the most recent multilateral negotiations, the Uruguay Round. As a result, the United States conceded to an effort to achieve trade liberalization through the expansion of GATT …

Off The Precipice: Massachusetts Expands Its Foreign Policy Expedition From Burma To Indonesia, David R. Schmahmann, James Finch, Tia Chapman

Vanderbilt Journal of Transnational Law

This Article considers the wisdom and constitutionality of a proposed Massachusetts law penalizing companies that do business with Indonesia. In the March 1997 issue of the Vanderbilt Journal of Transnational Law, two of the authors expressed concerns about the constitutionality of state and local restrictions on business ties with Burma (Myanmar). This Article applies a similar analysis to conclude that the proposed legislation is an unconstitutional violation of the Supremacy Clause and the Foreign Commerce Clause. The authors also argue that the federal government has clearly preempted action by Massachusetts: first by providing aid to Indonesia under the generalized system …

Expanding Judicial Review To Encourage Employers And Employees To Enter The Arbitration Arena, 30 J. Marshall L. Rev. 1099 (1997), Anthony J. Jacob

UIC Law Review

No abstract provided.

The Role Of National Courts In International Trade Relations, Meinhard Hilf

Michigan Journal of International Law

Part I of this article identifies and analyzes some modern trends in judicial review in the area of international relations. Section Part II then examines and briefly discusses the existence of judicial review for both national and international levels of protection and the possibilities for linking the two. A major part, Part III, is devoted to the specific role of national courts within the WTO system. Finally, Part IV draws conclusions and suggests some means for improving the judicial review offered by national courts and for linking them to the interstate dispute settlement on the international level.

Of Substantial Interest: Third Parties Under Gatt, Chi Carmody

Michigan Journal of International Law

This article's examination of the status of third parties under GATT is important for several reasons, one of which is the proliferation of third party participation as demonstrated by Bananas III. A second reason for its importance is that there has been little written about third parties under GATT. This neglect stands in sharp contrast to ample literature on the related subject of greater public participation in the WTO. The oversight could be a function of GATT dispute resolution, which did not always enjoy the level of public attention it garners today. Until recently the GATT system handled no …

Policing Illicit U.S. Business Actions Overseas, Paula Stern, Alexander W. Koff

Michigan Journal of International Law

Review of The Foreign Corrupt Practices Act: Coping with Corruption in Transitional Economies by Jeffrey P. Bialos & Gregory Husisian

Trade Policy Harmonization: Too Much Of A Good Thing?, Alexander W. Sierck

Michigan Journal of International Law

Review of Fair Trade and Harmonization: Prerequisites for Free Trade? by Jagdish N. Bhagwati & Robert E. Hudec

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, …

Securing The Strength Of The Renewed Npt: China, The Linchpin "Middle Kingdom", Gary J. Meise

Vanderbilt Journal of Transnational Law

The consensus indefinite extension of the Nuclear Non-Proliferation Treaty (NPT) in 1995 and the more recent conclusion of a Comprehensive Test Ban Treaty. which was supported by all five of the world's declared nuclear weapons states, allow for unprecedented optimism by nonproliferation experts regarding nuclear weapons proliferation curtailment and weapons reduction. These recent inroads into the accomplishment of NPT goals raise new questions. however. regarding the underlying commitment level of nuclear powers. China's proliferation record, in particular. is marred with inconsistencies, but its current economic growth and increasingly nonisolationist policies may cause China to reconsider its past noncompliance with the …

Bribery In The Global Market: A Critical Analysis Of The Foreign Corrupt Practices Act, Steven R. Salbu

Washington and Lee Law Review

No abstract provided.

The New Commercial Code Of The Czech Republic, 30 J. Marshall L. Rev. 699 (1997), Josef Bejcek

UIC Law Review

No abstract provided.

Beyond Marking: Country Of Origin Rules And The Decision In Cpc International, 31 J. Marshall L. Rev. 179 (1997), Donna L. Bade

UIC Law Review

No abstract provided.

The Theory Of The Firm And The Theory Of The International Economic Organization: Toward Comparative Institutional Analysis, Joel P. Trachtman

Northwestern Journal of International Law & Business

Debates regarding the competences and governance of interna- tional economic organizations such as the World Trade Organization (WTO), the European Union (EU) and the North American Free Trade Agreement (NAFFA) seem to grow more polarized. Academic lawyers, political scientists and economists seem to add little light to these heated debates. The purpose of this paper is to examine the theory of the firm and related transaction cost-based literatures of new institutional economics (NIE),4 law and economics (L&E) and industrial organizations (IO),' and the application of their analytical techniques to the linked problems of competence and governance of international economic organizations …

Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand

Northwestern Journal of International Law & Business

One of the most difficult problems in the study of international law is determining when a rule of law applies to a given situation. This problem has two dimensions: (1) determining what the rule of law is and (2) determining when and how it is applied. The first di- mension, though complex, is the subject of Article 38 of the Statute of the International Court of Justice,' and the starting point for most dis- cussions of international law.2 Though it may be difficult to establish the existence of a rule of international law, particularly in the absence of a treaty, …

The Role Of Consensus In Gatt/Wto Decision-Making, Mary E. Footer

Northwestern Journal of International Law & Business

The most striking aspect of the new World Trade Organization (WTO)' is the extent to which it preserves and consolidates the body of law and practice which has evolved out of the development of the General Agreement on Tariffs and Trade (GATT)2 and related instru- ments. Such preservation and consolidation is deliberate as the pre- amble to the Marrakesh Agreement Establishing the World Trade Organization (Marrakesh Agreement) makes clear.3 The mechanism chosen for the transition from the GAT-T to the WTO was designed to provide a degree of continuity, stability and thereby predictability in the multilateral trading system. Its occurrence …

"Trade And": Recent Developments In Trade Policy And Scholarship - And Their Surprising Political Implications, Jeffrey L. Dunoff

Northwestern Journal of International Law & Business

Lately, I've been thinking about the richly suggestive phrase "trade and." What does it mean? Is it shorthand for new topics on the expanded trade agenda, such as "trade and environment" or "trade and intellectual property"? Does it describe new movements in legal scholarship on trade issues? How is it similar to, or different from, "law and"? Until fairly recently, most scholarship about international trade law fell within a relatively well-defined domain. The substantive focus of this traditional scholarship' typically has been on a series of tradi- tional, core "trade" issues: tariffs, quotas, most-favored-nation treat- ment, nondiscrimination, permissible safeguards and …

From Diplomacy To Law: The Juridicization Of International Trade Relations, Arie Reich

Northwestern Journal of International Law & Business

This article deals with the development of law; i.e., the evolution of a legal regime in a field which prior thereto was not subject to law. It is my view that such a process took place in recent decades in the area of trade relations between sovereign nations. The period since World War II, and particularly recent years, is marked by the clear development of a conventional legal regime which regulates trade re- lations among the majority of countries of the world, as expressed by the multiplication of legal norms and the strengthening of the binding nature of these norms …

Assessing Apec's Role In Economic Integration In The Asia-Pacific Region, Merit E. Janow

Northwestern Journal of International Law & Business

This article examines the Asia-Pacific Economic Cooperation (APEC) forum as a new institution to promote economic integration in the Asia-Pacific region. APEC does not lend itself to straightfor- ward definition. Formed only recently in 1989, APEC is currently comprised of 18 member "economies"1 and is organized around a set of intergovernmental meetings. Its very nomenclature, APEC, lacks a descriptive noun.2

Networks In International Economic Integration: Fragmented States And The Dilemmas Of Neo-Liberalism, Sol Picciotto

Northwestern Journal of International Law & Business

Current discussions of "globalization" afford an opportunity to. reflect on the development of the modern international system and its governance as well as to evaluate prospects and strategies for the fu- ture. However, the term "globalization" is ambiguous. It conceals di- verse and sometimes conflicting trends and strategies; it appears to project a post-Cold War optimism of increasing global unity and pros- pects for a new world order based on a strengthened framework of international institutions. Nonetheless, tendencies towards fragmen- tation exist, in addition to an increasing awareness of diversity and, perhaps, global disorder. Certainly, efforts are being made to …

New Players For The Old Tobacco Game: The Czech Republic And Romania; It's Time To Change The Rules, Susan Meyer

Northwestern Journal of International Law & Business

Cigarette and tobacco advertisements have become a part of life in the Czech Republic and Romania. In the Czech Republic, Camel cigarettes, manufactured by R.J. Reynolds, sponsored weddings in which taxis bearing the Camel logo transported guests from the wed- ding to the reception.' In Romania, Kent cigarettes, manufactured by British and American Tobacco Company (BAT), sponsored the ex- tremely popular television show "Dallas."3 Unfortunately, the health consequences of cigarette use, which lead to the annual death of three million people around the world,4 have also become a part of daily life. In 1995, almost 20% of the Czech Republic's …