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Full-Text Articles in Law
Negotiating Investment In The Gatt: A Call For Functionalism, Paul Bryan Christy Iii
Negotiating Investment In The Gatt: A Call For Functionalism, Paul Bryan Christy Iii
Michigan Journal of International Law
In part, this article is about the conflict between literalism and functionalism in the GATT. It examines an attempt in the Uruguay Round to negotiate rules on foreign direct investment - the so-called trade-related investment measures (TRIMs) negotiations. Foreign direct investment is often a stage in the internationalization of enterprises; it is helpful to the trade of goods producers and necessary to the trade of many services providers. Affected by the output-oriented history of the GATT, however, the Contracting Parties have treated investment as though it were simply one of three legs of an economic triangle: goods, services, investment. In …
Regulation And Liberalization Of Imports And Foreign Investment And The Role Of Trade Actions In The Republic Of Korea, David A. Laverty
Regulation And Liberalization Of Imports And Foreign Investment And The Role Of Trade Actions In The Republic Of Korea, David A. Laverty
Michigan Journal of International Law
The Republic of Korea is well-known for its exceptionally successful export-driven economy and for the role of the Korean government in actively pursuing policies which have fostered the growth of Korean industry and the penetration of Korean products in the international marketplace. This rapid penetration of Korean products has been a source of tension among Korea's trading partners as they have sought to respond to calls from their domestic-industry constituencies for protection from the increased importation of Korean products. However, less well-known and of increasing significance to Korea itself and to the international community is not the outflow of Korean …
Regulation Of Imports And Foregn Investment In The United States On National Security Grounds, David Scott Nance, Jessica Wasserman
Regulation Of Imports And Foregn Investment In The United States On National Security Grounds, David Scott Nance, Jessica Wasserman
Michigan Journal of International Law
Traditionally, concerns over the effects of trade and investment on national security have centered upon the transfer of products and technologies with potential military uses. However, national security concerns also arise with respect to the economic and military impact of imports and of foreign acquisition of domestic assets. The United States has a longstanding statute, section 232 of the Trade Expansion Act of 1962, that allows the President to restrict imports of goods on national security grounds. More recently, another statute, popularly referred to as the Exon-Florio Act, provides the President with authority to bar the acquisition of United States …
United Kingdom Regulation Of Transnational Corporate Concentration, J. Denys Gribbin
United Kingdom Regulation Of Transnational Corporate Concentration, J. Denys Gribbin
Michigan Journal of International Law
This article begins by describing the United Kingdom's policy toward outward and inward direct investment and then sets out the essentials of the competition laws that are among the major, nondiscriminatory regulatory mechanisms that affect corporate behavior and planning. The article also analyzes the development of competition policy as a microeconomic instrument along with its application to monopoly, oligopoly, and cartels involving transnational corporations. Competition policy, except for cartels, is shown to be relatively benign toward mergers until recently, and with respect to monopoly and oligopoly has sought remedies in regulation of prices and behavior rather than through structural change. …
Supranational Regulation Of Transnational Corporations: The Unctad And Ctc Efforts, James D. Kurek
Supranational Regulation Of Transnational Corporations: The Unctad And Ctc Efforts, James D. Kurek
Michigan Journal of International Law
The focus of this article is the current United Nations’ efforts designed to influence the activities of transnational corporations (TNCs) and other participants in the foreign investment arena, with special attention being given to those provisions which deal with concentration. The efforts to be discussed are primarily centered in the U. N. Conference on Trade and Development (UNCTAD) and the U. N. Economic and Social Council's Commission on Transnational Corporations (CTC). Since the approach and methods employed by these two bodies differ in several significant respects, each will be considered separately. The concluding discussion examines a variety of views on …