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Full-Text Articles in Law
Can Soft Words Lead To Strong Deeds? A Comparative Analysis Of Corporate Human Rights Commitments’ Enforcement, Adeline Michoud
Can Soft Words Lead To Strong Deeds? A Comparative Analysis Of Corporate Human Rights Commitments’ Enforcement, Adeline Michoud
Seattle Journal for Social Justice
No abstract provided.
Corporate Criminal Liability: Toward A Compliance-Orientated Approach, Gustavo A. Jimenez
Corporate Criminal Liability: Toward A Compliance-Orientated Approach, Gustavo A. Jimenez
Indiana Journal of Global Legal Studies
Under U.S. federal law, a corporation can be held criminally liable for the crimes of its employees and agents. The Department of Justice's U.S. Attorneys' Manual lays out a list of factors prosecutors can evaluate when deciding whether or not to prosecute a corporate entity. The Department of Justice (DOJ) prosecutors have various tools at their disposal, including deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) as alternatives to going to trial. Prosecutors have used DPAs and NPAs in recent cases, allowing the government to ensure that corporate entities comply with investigations, enact compliance programs, and continue to follow laws …
Intellectual Property: A Beacon For Reform Of Investor-State Dispute Settlement, Daniel Gervais
Intellectual Property: A Beacon For Reform Of Investor-State Dispute Settlement, Daniel Gervais
Michigan Journal of International Law
This Article attempts to resolve clashes between intellectual property and investor-state dispute settlement (“ISDS”). ISDS clauses contained in bilateral, plurilateral, or multilateral trade and investment agreements give multinational investors (corporations) a right to sue a state in a binding proceeding before an independent arbitral tribunal. This jurisgenerative right to file a claim against a state in an international tribunal with mandatory jurisdiction is exceptional; it is generally reserved to other states. Only multinational corporations can use ISDS to file claims against states in which they invest, provided the state is party to a bilateral investment treaty (“BIT”) or a trade …
Corporate Culture And Competition Compliance In East Asia, Jingyuan Ma, Mel Marquis
Corporate Culture And Competition Compliance In East Asia, Jingyuan Ma, Mel Marquis
South Carolina Journal of International Law and Business
No abstract provided.
Corporate Taxation And International Charter Competition, Mitchell A. Kane, Edward B. Rock
Corporate Taxation And International Charter Competition, Mitchell A. Kane, Edward B. Rock
Michigan Law Review
Corporate charter competition has become an increasingly international phenomenon. The thesis of this Article is that this development in corporate law requires a greater focus on corporate tax law. We first demonstrate how a tax system's capacity to distort the international charter market depends both upon its approach to determining corporate location and upon the extent to which it taxes foreign source corporate profits. We also show, however, that it is not possible to remove all distortions through modifications to the tax system alone. We present instead two alternative methods for preserving an international charter market. The first-best solution involves …
Fishing For Rainbows, The Fsc Repeal And Extraterritorial Income Exclusion Act, Stuart Smith
Fishing For Rainbows, The Fsc Repeal And Extraterritorial Income Exclusion Act, Stuart Smith
San Diego International Law Journal
On August 30, 2002, the final decision was released in the case of United States-Tax Treatment for "Foreign Sales Corporations". The World Trade Organization arbitration panel report authorizes the European Communities to levy $4.043 billion in annual trade sanctions against imports from the United States because of a provision in the U.S. tax code. "The FSC Repeal and Extraterritorial Income Exclusion Act of 2000", the most recent of 40 years worth of half-hearted attempts by the United States to comply with world trading body regulations, is the current offender. According to the arbitration panel, the act subsidizes foreign sales by …
The Role Of Trade & Foreign Direct Investment In Development, Kevin A. Hassett
The Role Of Trade & Foreign Direct Investment In Development, Kevin A. Hassett
Michigan Journal of International Law
Foreign direct investment (FDI) has been a key component of trade for decades, and has been the focus of a tidal wave of academic research as well. Conceptually, FDI must have an important role in providing welfare gains associated with trade. One of the key differences between countries, after all, is the relative quantity of capital available to its citizens. In these remarks, the author intends to provide a bird's eye view of the literature on FDI with a focus on the developing country's perspective.
No Logo, Robert Howse
No Logo, Robert Howse
Michigan Journal of International Law
Review of No Logo: Taking Aim at the Brand Bullies by Naomi Klein
Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman
Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman
Michigan Journal of International Law
This Article has four sections. The first recounts the history of the OECD, from its creation as the overseer of the Marshall Plan to its current prominence as global economic analyst, and explains its operations. The second section explores its influence on the development of labor rights, examining the well-known OECD Guidelines for Multinational Enterprises, publications on trade and labor by the Employment, Labor and Social Affairs Directorate, and the events surrounding South Korea's accession to the OECD. Each of these activities, though quite different from one another (and, in combination, very different from the activities of other IGOs), provided …
From Hoops To Hard Drives: An Accession Law Approach To The Inevitable Misappropriation Of Trade Secrets , Jay L. Koh
From Hoops To Hard Drives: An Accession Law Approach To The Inevitable Misappropriation Of Trade Secrets , Jay L. Koh
American University Law Review
No abstract provided.
State Responsibility In Case Of Stabilization Clauses, F. V. Garcia-Amador
State Responsibility In Case Of Stabilization Clauses, F. V. Garcia-Amador
Florida State University Journal of Transnational Law & Policy
Modern concession agreements between States and foreign corporations sometimes contain, in addition to choice-of-law clauses, the specific commitment on the part of the contracting State not to alter the terms of the concession, by legislation or by any other means, without the consent of the other contracting party. These stipulations are usually known as "stabilization" clauses. The commitment embodied in these clauses poses a special situation from the standpoint of State responsibility. Before discussing such a situation, let us first see what is the traditional position as to the international responsibility of States for measures affecting contractual rights, and also, …
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 …
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.
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. …
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.
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 …
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.
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.
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.
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 …
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.
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 …
The Impact Of Industrial Legislation On The Behavior Of Multinational Enterprises And Labor In The Industrializing Countries Of East And Southeast Asia, Kojo Yelpaala
Michigan Journal of International Law
The phenomenon of industrial legislation is not new in the world. Several industrialized, non-industrialized, capitalist, and socialist countries all have at different stages in their development used industrial legislation for the achievement of industrial goals, development targets and national welfare objectives. This legislation has generally addressed labor relations, taxes, plant location, exchange controls, and capital controls. What is perhaps new is its focus on the behavior of Multinational Enterprises (MNE). The emergence of the MNE on the world economic scene has introduced an elusive but important element in the industrial policy calculus of nations.
Reforming American Antitrust In Foreign Commerce, James A. Rahl
Reforming American Antitrust In Foreign Commerce, James A. Rahl
Michigan Law Review
A Review of Antitrust and American Business Abroad (Second Edition) by James R. Atwood and Kingman Brewster
Commercial Treaties And Foreign Companies: The Mutually Reinforcing Principles Of Remedial Antitrust And National Treatment, Alan Van Kampen
Commercial Treaties And Foreign Companies: The Mutually Reinforcing Principles Of Remedial Antitrust And National Treatment, Alan Van Kampen
University of Michigan Journal of Law Reform
This Note argues that greater appreciation for the nature and importance of national treatment obligations will compel tribunals fashioning antitrust relief to provide more suitably for foreign firms, and thus avoid straining international trade relations. Moreover, because antitrust relief and national treatment objectives are mutually reinforcing, greater recognition of national treatment requirements should improve remedial orders from the standpoint of antitrust economics. Meeting national treatment requirements should place little added burden on the antitrust tribunal; it must merely extend impartial economic analysis to all market suppliers, not just domestic firms.
This Note explores methods to ensure that antitrust relief orders …
Introduction: Transnational Corporate Concentration-The Issues, Thomas E. Kauper
Introduction: Transnational Corporate Concentration-The Issues, Thomas E. Kauper
Michigan Journal of International Law
Competition policy in the United States, particularly reflected in antitrust policy, in recent years has focused on corporate structure. To some, this emphasis simply reflects a belief in a close correlation between corporate structure and behavior. A single firm monopoly inevitably will restrict output and raise prices above levels that would prevail under competition conditions, distorting allocative efficiency. The behavioral pattern is a direct consequence of structure. Many believe that high corporate concentration, even short of single firm monopoly, is at least conducive to, if not a cause of, monopolistic behavior. Some also view high corporate concentration, and the aggregation …
Structural Aspects Of Multinational Corporate Trade With The Nonmarket Economies Of Eastern Europe: An Mnc Perspective On Domestic And Foreign Regulation, John G. Scriven
Structural Aspects Of Multinational Corporate Trade With The Nonmarket Economies Of Eastern Europe: An Mnc Perspective On Domestic And Foreign Regulation, John G. Scriven
Michigan Journal of International Law
In considering the structural aspects of multinational corporate trade relationships with the nonmarket economies of Eastern Europe, it is important, as a preliminary matter, to acknowledge certain intractable features of that trade. Only through a continuing awareness of the interplay of these factors can one hope to understand the role of law or regulation in trade with these states.