Law Commons^™

Nafta's Economic Effects: Plus Or Minus, Henry T. King Jr.

Canada-United States Law Journal

No abstract provided.

Discussion After The Speeches Of M. Jean Anderson And Richard Dearden, Discussion

Canada-United States Law Journal

No abstract provided.

Introduction: Nafta At Three-And-One-Half Years: Where Do We Stand And Where Do We Go, Henry T. King Jr.

Canada-United States Law Journal

No abstract provided.

Closing Remarks And Discussion, Henry T. King Jr.

Canada-United States Law Journal

No abstract provided.

Volume 23, Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

A New Approach To Transnational Insolvencies, Robert K. Rasmussen

Michigan Journal of International Law

Part I of this article sets forth the general problems associated with transnational bankruptcies. Part II then shows that, from an efficiency standpoint, the optimal solution would be to allow firms to select, at the time of incorporation, which set of bankruptcy rules will govern in the event of financial distress. Part III examines the transnational bankruptcy problem under the assumption that each nation will continue to dictate the content of its bankruptcy laws. The accepted wisdom is that under this assumption, the best solution to transnational insolvencies is for all countries to adopt a rule whereby the home jurisdiction …

Implications Of Nafta's Extension To Chile And Other Countries, Katherine F. Braid

Canada-United States Law Journal

No abstract provided.

Discussion After The Speeches Of William Kelly And David Winfield, Discussion

Canada-United States Law Journal

No abstract provided.

The Passive Virtues And The World Court: Pro-Dialogic Abstention By The International Court Of Justice, Antonio F. Perez

Scholarly Articles

Only a few years ago the International Court of Justiceseemed to be edging toward judicial activism. This article argues that in its most recent pronouncements the ICJ has instead employed a variety of techniques for abstention. The ICJ's use of this "arsenal of devices" recalls, however, Alexander Bickel's argument for the exercise of judicial restraint by the U.S. Supreme Court in a way that nonetheless allows the judicial organ to stimulate constitutional politics. In the recent contentious cases and advisory opinions concerning the status of East Timor, exploitation of the natural resources of Nauru, and a trilogy of nuclear testing …

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.

Golden Rules For Transboundary Pollution, Thomas W. Merrill

Faculty Scholarship

Environmental law is becoming ever more centralized. In the United States, state and local pollution laws have been eclipsed by federal regulation. In the European Community, and to a lesser degree under the North American Free Trade Agreement (NAFTA), national controls have been supplemented by regional regulation. And the growing importance of treaties regulating particular aspects of the global environment has reinforced calls for more general regimes of international environmental regulation.

One inevitably given justification for this centralizing trend is that pollution is a transboundary phenomenon. Air and water pollution, and to a lesser extent groundwater contamination, can cross political …

The Cultural Industries Exemption From Nafta: Another Canadian Perspective, Jennifer J. Fong

Canada-United States Law Journal

No abstract provided.

Nafta's Provisions Regarding Intellectual Property--Are They Working As Intended--A U.S. Perspective, Joseph S. Papovich

Canada-United States Law Journal

No abstract provided.

Nafta At Three-And-One-Half Years: Where Do We Stand And Where Do We Go--A U.S. View, Greg Mastel

Canada-United States Law Journal

No abstract provided.

Discussion After The Speeches Of John H. Knox, Greg Block, And Andre Beaulieu

Canada-United States Law Journal

No abstract provided.

Conference Opening, Henry T. King Jr.

Canada-United States Law Journal

No abstract provided.

The Introduction: Cultural Industries Exemption From Nafta--Its Parameters, Dorinda Dallmeyer

Canada-United States Law Journal

No abstract provided.

Discussion After The Speeches Of John Ragosta And Jennifer Fong, Discussion

Canada-United States Law Journal

No abstract provided.

Discussion After The Speeches Of Greg Mastel And Bradly Condon, Discussion

Canada-United States Law Journal

No abstract provided.

Introduction: Nafta's Environmental Provisions: Are They Working As Intended--Are They Adequate, Jon Groetzinger Jr.

Canada-United States Law Journal

No abstract provided.

The Mexican Economic Recovery, Alejandro Nadal

Canada-United States Law Journal

No abstract provided.

Nafta--The Broad Strokes: A Canadian Lawyer's Perspective, Lawrence L. Herman

Canada-United States Law Journal

No abstract provided.

Nafta: Its Legal Effects--The Broad Strokes: A Mexican Perspective, Beatrice Prati

Canada-United States Law Journal

No abstract provided.

Liberalized Immigration As Free Trade: Economic Welfare And The Optimal Immigration Policy, Howard F. Chang

All Faculty Scholarship

No abstract provided.

Dumping And Anti-Dumping In International Trade Origins, Legal Nature, And Evolution Developments In Brazil And In The United States, Luiz Claudio Duarte

LLM Theses and Essays

Dumping is when an exporting country sells their goods in the foreign market for less than the price of the goods in their own domestic market. Dumping has a negative connotation because it threatens domestic industries in the importing country. In response to harmful dumping situations, mechanisms of defense have been developed to protect nations from unfair trade practices. The General Agreement on Tariffs and Trade (GATT) recognizes in Article VI anti-dumping tariffs as a legitimate defense to protect domestic industries from foreign predatory pricing practices. This paper focuses on anti-dumping developments in international trade since the beginning of the …

The Issue Of The Legal Validity Of Using Economic Sanctions To Enforce Human Rights, Thomas Hailu

LLM Theses and Essays

The international legal regime as it pertains to human rights is neither as established nor as definitive as it appears. It suffers from many disadvantages, the first and most important of which is the fact that the international legal regime has never been capable of effectively enforcing its rules or instituting appropriate remedies for its breaches. Some states have attempted to make up for this inability on behalf of international law by undertaking an enforcement mechanism either unilaterally or multilaterally; economic sanctions are often regarded as valuable tools of enforcement to be used against countries which are allegedly engaged in …

Legal Aspect And Problems In International American Franchise Transaction In Indonesia, Veronika

LLM Theses and Essays

The Republic of Indonesia, a country in Southeast Asia, faced serious economic problems in 1966, the total debt was (U.S.) $2.3 billion and exceeded export earnings. The government encourages the private sector to take part in this economic development since the government itself faced a scarcity of fund. The government has tried to attract private investment either domestic or foreign investor by launching the deregulation program. The purpose of this thesis is to make an argument that Indonesian franchises need protection and that it is time now for the legislative body in Indonesia to enact a franchise law. The study …

Securities Disclosure In A Globalizing Market: Who Should Regulate Whom, Merritt B. Fox

Faculty Scholarship

One of the most dramatic examples of increasing interaction across national boundaries in recent years has been the burgeoning volume of transnational transactions in corporate equities. Most developed capitalist countries impose affirmative obligations on issuers of corporate equity to disclose certain information about themselves. While these obligations are imposed on issuers, they are triggered by transactions. The growth in transnational transactions is thus increasingly raising difficult issues concerning the reach of differing national regimes. Given the magnitude of legal resources devoted to compliance with such disclosure regulations, they promise to feature prominently in the larger discussion of the role of …

The Role Of United States Trade Laws In Resolving The Florida-Mexico Tomato Conflict, Stephen J. Powell, Mark A. Barnett

UF Law Faculty Publications

For discussion purposes, we have been asked to assume that the agreement entered into in October 1996 between the U.S. Department of Commerce (Commerce) and Mexican tomato exporters, which resulted in suspension of an antidumping investigation of tomatoes from Mexico, has ended. The new owner of many of Florida's winter vegetable producers, concerned with the continuing rise in market share represented by Mexican imports, is considering further action under the trade remedy and other laws. This article will discuss the potential role of the antidumping and countervailing duty laws in these deliberations, as well as the operation of the dispute …