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Articles 1 - 30 of 36
Full-Text Articles in Law
Trade Friction With Japan And The American Policy Response, Thomas J. Schoenbaum
Trade Friction With Japan And The American Policy Response, Thomas J. Schoenbaum
Michigan Law Review
In Toyko recently I called upon an official of the Ministry of International Trade and Industry (MITI) to discuss trade frictions between the United States and Japan. On the way to my appointment I passed by Hibiya Park in the center of the city. About 10,000 people were gathered in a peaceful demonstration against any lifting of Japan's quotas on imports of agricultural products. Inside the MIT! building I asked the official whether the quotas on beef and oranges would be abolished soon. He told me they would eventually be liberalized or abolished to please the United States, but that …
Third World Trade Partnership: Supranational Authority Vs. National Extraterritorial Antitrust--A Plea For "Harmonized" Regionalism, Wolfgang Fikentscher
Third World Trade Partnership: Supranational Authority Vs. National Extraterritorial Antitrust--A Plea For "Harmonized" Regionalism, Wolfgang Fikentscher
Michigan Law Review
That "Third World countries" should receive the assistance of the "industrialized nations" in increasing the level of their economic development is a matter beyond dispute. Yet the years following the "economic decade" of the 1970's have made apparent a crisis in the concepts underlying this philosophy of Third World assistance. The nature of this crisis has not yet been fully ascertained, and the following text does not undertake that task. Rather, it starts from the general feeling among experts involved in one way or another with "development aid" that the paths so far followed and the methods so far applied …
The Applicability Of The Ecsc-Cartel Prohibition (Article 65) During A "Manifest Crisis", Ernst-Joachim Mestmäcker
The Applicability Of The Ecsc-Cartel Prohibition (Article 65) During A "Manifest Crisis", Ernst-Joachim Mestmäcker
Michigan Law Review
The Commission and the Council have found that the steel industry of the Community is facing a "manifest crisis" within the meaning of article 58 of the European Coal and Steel Community (ECSC) Treaty. Factors that have led to this crisis include structural peculiarities of the steel industry, an increase in production costs, a decrease in demand for steel and steel products, and the resulting excess capacity in steel mills. A majority of the Member States have attempted to protect their national steel industries from the economically mandated cutback in production capacity through substantial subsidization. International competition has thus degenerated, …
Legal Models For The International Regulation Of Exchange Rates, Joseph Gold
Legal Models For The International Regulation Of Exchange Rates, Joseph Gold
Michigan Law Review
No legal scholar has contributed more to the study of the harmonization of national interests by international agreement than Professor Eric Stein. This essay in his honor examines some of the efforts that have been made since the Bretton Woods Conference of July 1944 to bring order into the important international relationships that are called exchange rates. The subject has a further pertinence because of Eric Stein's work on the European Community. The law of the Community on exchange rates has been affected by the fortunes of the law of the International Monetary Fund (IMF). The Treaty of Rome relied …
Perspectives On The Jurisprudence Of International Trade: Costs And Benefits Of Legal Procedures In The United States, John H. Jackson
Perspectives On The Jurisprudence Of International Trade: Costs And Benefits Of Legal Procedures In The United States, John H. Jackson
Michigan Law Review
In this brief article I will confine myself to an analysis of the U.S. legal system pertaining to regulation of imports, deferring to other works an exploration of similar questions relating to regulation of exports or other international economic activities. First, however, I wish to touch on policies related to the legal structure of international rules for trade. This will help put the subject of this article in broader perspective, and although I will focus on U.S. domestic law measures, it will readily be seen that the international system depends greatly on national legal systems for its efficacy, and that …
The Interrelationship Between United Nations Law And The Law Of Other International Organizations, Richard H. Lauwaars
The Interrelationship Between United Nations Law And The Law Of Other International Organizations, Richard H. Lauwaars
Michigan Law Review
The question regarding the interrelationship between UN law and the law of other international organizations acquired actual significance in the Netherlands in the spring of 1983. At that time, the Dutch Government published a Note stating that, due to the strictures of international law embodied in the law of the European Economic Community (EEC) and European Coal and Steel Community (ECSC), the Benelux Economic Union, and the General Agreement on Tariffs and Trade (GATT), it could not impose unilateral sanctions against South Africa. In response to this Note, a group of public international law professors in the Netherlands issued a …
Congress, The Executive Branch, And Special Interests: The American Response To The Arab Boycott Of Israel, Michigan Law Review
Congress, The Executive Branch, And Special Interests: The American Response To The Arab Boycott Of Israel, Michigan Law Review
Michigan Law Review
A Review of Congress, The Executive Branch, and Special Interests: The American Response to the Arab Boycott of Israel by Kennan L. Teslik
A New Export Policy: The Foreign Sales Corporation And State Unitary Taxation Of Foreign Source Income, Reed D. Rubinstein
A New Export Policy: The Foreign Sales Corporation And State Unitary Taxation Of Foreign Source Income, Reed D. Rubinstein
Michigan Journal of International Law
Part I of this note will examine the structure of the FSC, and analyze its potential benefits in light of the Domestic International Sales Corporation (DISC) tax incentive. Part II discusses the use of the unitary tax as a disincentive to direct foreign investment by U.S. corporations. Finally, Part III outlines the new export policy based upon a combination of the FSC export incentive and state unitary taxation of foreign-source income. If implemented, this policy would increase export production and discourage direct foreign investment, thereby making a substantial contribution to U.S. economic well-being.
Canada's Foreign Investment Review Act And The Problem Of Industrial Policy, James M. Spence Q.C.
Canada's Foreign Investment Review Act And The Problem Of Industrial Policy, James M. Spence Q.C.
Michigan Journal of International Law
The purpose of this article is to consider the Foreign Investment Review Act (FIRA or the Act) of Canada in the context of the continuing discussion in North America of the concept of "industrial policy." The particular version of industrial policy of interest for this purpose is the concept which involves interventionist activity by the government designed to affect directly the economic activity of an industry, company, or plant. The first part of the article briefly describes the background and operation of FIRA. The second part comments on the concept of interventionist industrial policy as it has developed in Canada. …
Industrial Policy In The Field Of Informatics In Brazil, Walter Douglas Stuber
Industrial Policy In The Field Of Informatics In Brazil, Walter Douglas Stuber
Michigan Journal of International Law
This article first presents a brief overview of Brazilian industrial development. This overview provides a basis for understanding how the Brazilian Government's informatics policy differs from past Brazilian industrial models. The article then describes the Brazilian Government's policy in the field of informatics. It concludes that a policy which is less protectionist than the government's current program would, through allowing greater foreign participation in the market, better encourage the development of Brazilian informatic companies.
Employee Involvement In Decision-Making: European Attempts At Harmonization, Ruth A. Harvey
Employee Involvement In Decision-Making: European Attempts At Harmonization, Ruth A. Harvey
Michigan Journal of International Law
Part I of this note examines the sources of Community power over employment policy. Part II analyzes two Community directives approximating laws regarding employee involvement in dismissal procedures. It also examines the impact of these Community directives on two Member States, the Federal Republic of Germany (FRG or West Germany) and the United Kingdom. The note focuses on the FRG because its statutes have served as the model for Community directives, and because the harmonization of laws throughout the Community will provide unique benefits to the FRG. The note examines the United Kingdom because its government has historically had a …
Annotated Bibliography, Michigan Journal Of International Law
Annotated Bibliography, Michigan Journal Of International Law
Michigan Journal of International Law
For the convenience of our readers, the Michigan Yearbook of International Legal Studies publishes a bibliography of current research in the field. This bibliography is not intended to be comprehensive. Rather, its aim is to guide the reader who wishes to undertake further research.
Reciprocity In International Telecommunications Trade: A New Trade Barrier?, Sheryl Powers
Reciprocity In International Telecommunications Trade: A New Trade Barrier?, Sheryl Powers
Michigan Journal of International Law
To those advocating its use, reciprocity legislation is especially appropriate for the telecommunications industry. Only 5 percent of telecommunications equipment manufactured in the United States is exported for sale in other nations. Trade barriers, loyalty to domestic manufacturers and the importance of telecommunications to national defense systems have combined to restrict access to foreign markets in the telecommunications sector. To persuade other nations to increase market access in telecommunications, United States legislators added a requirement of reciprocity to two proposed bills, S.898 and H.R.5158. This note will examine these two bills, concluding that reciprocity is an inappropriate solution to United …
Industrial Policy: Diverting Resources From The Winners, Edwin L. Harper, Lehmann K. Li Jr.
Industrial Policy: Diverting Resources From The Winners, Edwin L. Harper, Lehmann K. Li Jr.
Michigan Journal of International Law
This article argues that the various forms of industrial policy currently being proposed are inappropriate for the United States (U.S.). They would fail not only on economic grounds, but on political grounds as well. The article outlines the appropriate role for government in the economy.
Building The Case For Industrial Strategy, David E, Bonior
Building The Case For Industrial Strategy, David E, Bonior
Michigan Journal of International Law
The argument for an industrial strategy begins with the failures of present policies. The indictment is not concerned with the relative simplicity or elegance of competing economic theories but with actual results in the world marketplace. The case for an industrial strategy is not primarily about compassion, or about full employment, or even about economic growth. While we desperately need a compassionate economic policy, full employment, and sustained economic growth, these are goals. The industrial policy debate is not a debate about goals, but means. The argument rests on the premise that the old means must be changed because the …
Restrictions On Trade In Communication And Information Services, Geza Feketekuty, Jonathan David Aronson
Restrictions On Trade In Communication And Information Services, Geza Feketekuty, Jonathan David Aronson
Michigan Journal of International Law
Section one highlights some of the changes that the revolution in information exchange is producing. It also argues that transborder data flows could help facilitate international economic adjustment. Section two analyzes the types of reasons used to justify policy measures that inhibit the integration of the world communication network or prevent information from flowing across national borders. It also discusses the implication of restrictions on transborder data flows for the world trading system and for world economic growth. The final section discusses strategies for halting the proliferation of barriers to trade in communication and information services and for reducing existing …
Private Leased Telecommunication Lines: Threats To Continued International Availabliltiy, Jill L. Martin
Private Leased Telecommunication Lines: Threats To Continued International Availabliltiy, Jill L. Martin
Michigan Journal of International Law
This article examines both actual and proposed actions by Japanese and European telecommunications authorities, known as Ministries of Post, Telephone, and Telegraph (PTTs), to restrict private leased line availability, and then explores the possibility that these actions presage the total elimination of private leased lines. It concludes that unless the United States government adopts a unified and reasonable policy opposing the escalation of regulations and restrictions, their deleterious effects will become more severe.
The Council Of Europe Convention Of The Oecd Guidelines On Data Protection, Jon Bing
The Council Of Europe Convention Of The Oecd Guidelines On Data Protection, Jon Bing
Michigan Journal of International Law
The first international legal instruments to be adopted were two Council of Europe resolutions in 1973 and 1974, the first on "the protection of the privacy of individuals vis-A-vis electronic data banks in the private sector," 9 and the second on "the protection of the privacy of individuals vis-A-vis electronic data banks in the public sector." This article will describe and compare the rules of data protection as they emerge in the instruments. Although this will require some assessment, the main objective will be to explain and amplify.
A Labor View Of Industrial Policy, Henry B. Schechter
A Labor View Of Industrial Policy, Henry B. Schechter
Michigan Journal of International Law
This article discusses the following topics: secular economic decline, factors in the loss of U.S. competitive position, foreign industrial policies, a labor-endorsed legislative proposal for an industrial policy, and supplementary measures that are required for a successful industrial policy.
Attacking The Trade Deficit, Dennis Unkovic
Attacking The Trade Deficit, Dennis Unkovic
Michigan Journal of International Law
In the United States (U.S.), policy planning for industrial development is not new. The federal government currently formulates and implements policies designed to foster the growth of the industrial sector. The current debate should not focus on the merits of a comprehensive national industrial policy over federal non-involvement, rather it should address the degree to which the federal government should become involved in specific areas affecting industrial development. This article will analyze the appropriate role for the federal government in its efforts to eliminate the current U.S. balance of trade deficit.
Aspects Of The European Community's Industrial Policy, Laurence W. Gormley, J. F. Marchipont
Aspects Of The European Community's Industrial Policy, Laurence W. Gormley, J. F. Marchipont
Michigan Journal of International Law
This article does not provide an exhaustive description of all aspects of the European Community's industrial policy, but instead analyzes its foundations and its objectives and the relative importance of the various means of attaining these objectives. This approach demonstrates the difference between the power and aims of industrial institutions in the Community and the power and aims of industrial institutions in the individual European states and in the major competitor countries of the Community, the United States, and Japan.
The Role Of Planning Contracts In The Conduct Of French Industrial Policy, Saul Estrin, Peter M. Holmes
The Role Of Planning Contracts In The Conduct Of French Industrial Policy, Saul Estrin, Peter M. Holmes
Michigan Journal of International Law
The French have a long history of state economic planning, of comprehensive industrial policy, and of contractualised relations between the state and firms, though the links between them have not always been close. In the following section we review the relevant history of French planning and industrial policy. We focus in the second section on the development of contractual relations between corporations and the state in postwar France until the Socialists took office in 1981. In the third section we discuss recent developments, and we conclude with a theoretical appraisal of the experience.
Whither The Future Of Japanese Industrial Development Policies?, Merit E. Janow
Whither The Future Of Japanese Industrial Development Policies?, Merit E. Janow
Michigan Journal of International Law
This article describes past and present Japanese industrial policies. After discussing the evolution of Japanese industrial policies generally, it addresses the specific instruments of those policies including those intended to assist declining industries as well as those intended to promote the development of new industries. Finally, this article suggests that government guidance of Japan's industrial sector has decreased and is likely to decrease further still in the future.
Foreign Investment Laws In Developing Countries, Jane E. Cross
Foreign Investment Laws In Developing Countries, Jane E. Cross
Michigan Journal of International Law
Rather than extensively analyzing the various laws of Argentina, Mexico, and Nigeria that are specifically designed to encourage foreign investment, this note endeavors to explain how the laws of these countries that have as the primary function the monitoring and restricting of foreign investment activity are able to refrain from severely discouraging the foreign investment needed to promote industrialization. The tendency of LDCs to liberalize their restrictive foreign investment laws over the last few years demonstrates the growing importance of minimizing the adverse impact of legal constraints on foreign capital investment.
Investment Incentives And Guarantees In The Republic Of China, The Republic Of Korea, Thailand, And The People's Republic Of China, Barbara J. Martin
Investment Incentives And Guarantees In The Republic Of China, The Republic Of Korea, Thailand, And The People's Republic Of China, Barbara J. Martin
Michigan Journal of International Law
This note will focus on direct investment in four countries in Southeast Asia: the Republic of China (ROC), the Republic of Korea (ROK or South Korea), Thailand, and the People's Republic of China (PRC). Despite similar goals, these four countries differ significantly in their treatment of foreign investors.
An Alternative To High Tech, Donald E. Dekieffer
An Alternative To High Tech, Donald E. Dekieffer
Michigan Journal of International Law
In recent years American industry's ability to compete in the international marketplace has appeared to decline. With a decreased world market share and a balance of payments deficit many policymakers have concluded that traditional industry is dying and that it is time to reassess American economic strength in new and more advanced industries, that is, "high-tech" industries. The "failure" of domestic "smokestack" industries producing automobiles, steel, and textiles allegedly supports this view. However, the problems of these industries are attributable to the current structure and climate of international and domestic trade. To offer any realistic solutions, the following issues must …
Enterprise Zones As Tools Of Urban Industrial Policy, Benedicte E. F. Mathijsen
Enterprise Zones As Tools Of Urban Industrial Policy, Benedicte E. F. Mathijsen
Michigan Journal of International Law
This note examines the operation of the enterprise zone program in the United Kingdom and considers the program's implications for the United States (U.S.), which also suffers from urban industrial decay and which has now begun studying proposals for an enterprise zone program of its own. The note concludes that, based on the limited data available thus far, the enterprise zone program alone is inadequate to lure industry back to depressed areas. The success of the enterprise zones depends in large measure upon parallel government programs, suggesting that the zones cannot be viewed as potential replacements of existing government aid …
The Experience Of The Automotive Industry In Industrial Policies Of Selected Governments, Thomas R. Atkinson, Susan G. Ezrati, James J. Flynn
The Experience Of The Automotive Industry In Industrial Policies Of Selected Governments, Thomas R. Atkinson, Susan G. Ezrati, James J. Flynn
Michigan Journal of International Law
We shall not define precisely industrial policy other than to note that the cases we intend to examine involve some form of general, integrated, economic policy that, among other things, includes industry-specific measures that have had direct or indirect consequences for other countries through trade or investment links. Many other characteristics, including program integration; abridgment of private business governance, perhaps involving varying degrees of compulsion or subsidy; non-market incentives; and subordination of the market mechanism, may or may not be present in the industrial policies discussed. Very often specific protection of favored industries is a major instrument of industrial policy; …
The United States Specialty Steel Industry, Michael H. Leb
The United States Specialty Steel Industry, Michael H. Leb
Michigan Journal of International Law
Part I of this note briefly describes the problems of the specialty steel industry and traces the attempts to deal with those problems from 1968 through the imposition of the relief measures which spawned the current negotiations. After discussing the trade history of the specialty steel industry, the note examines the effectiveness of two domestic import relief statutes through which the government has attempted to assist the industry. The note then analyzes U.S. attempts to aid the specialty steel industry through measures which violate the fundamental principles of the GATT system. The note concludes that since the GATT system cannot …
The Large Civil Aircraft Industry: Applying Legal Policy-Making Tools To Accommodate A Changing Industry, Dennis G. Terez
The Large Civil Aircraft Industry: Applying Legal Policy-Making Tools To Accommodate A Changing Industry, Dennis G. Terez
Michigan Journal of International Law
This note first examines the emergence of Airbus Industrie (Al or Airbus) and identifies some of the legal and policy instruments which the European governments have employed to make Al a successful competitor. After a brief discussion of the growing difficulties with subsidy policies, the note considers European Community legislation for a common European industrial policy and the creation of a European Export Bank as possible alternative solutions for maintaining Al's competitiveness. The note finally argues that international industrial agreements are necessary legal tools for effective regulation of the manufacture and sale of large civil aircraft. International agreements currently in …