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Full-Text Articles in Law

Infrastructure For Commerce, Michael B. Likosky Jan 2001

Infrastructure For Commerce, Michael B. Likosky

Northwestern Journal of International Law & Business

While the government presents the MSC as the embodiment of the future, structurally it bears remarkable resemblance to the colonial legal orders. The enclave nature of the MSC is reminiscent of the colonial dual legal orders. At the same time, the international legal and economic orders have undergone profound changes. The international legal order is now premised on sovereign absolutism and equality among nation-states. The reigning economic paradigm is high technology rather than manufacturing or the spice trade. Discussion of the continuities and discontinuities between colonial and present day transnational legal orders must thus attend to a number of variables. …


Transactional, Social, And Legal Aspects Of Oil Exploration And Extraction In Colombia, Juan Carlos Palau Jan 2001

Transactional, Social, And Legal Aspects Of Oil Exploration And Extraction In Colombia, Juan Carlos Palau

Northwestern Journal of International Law & Business

In Colombia, as in many other countries with oil reserves potential, the government has sought to reduce the activity's inherent high degree of un-certainty by shaping the legal and economic environment that foreign com-panies have to operate in, making it more profitable and attractive for them.16 This paper seeks to accurately represent this environment to the pro-spective investor, starting with the structures of the two basic transactions, referred to herein as "modes", through which most commonly, foreign com-panies participate in the oil industry in Colombia, namely, the Standard As-sociation Mode ("S.A.M") and the Risk Sharing Mode ("R.S.M.").17 The contractual agreements …