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Articles 1 - 30 of 61
Full-Text Articles in Law
Feeling The Heat Of Human Rights Branding: Bringing Transnational Corporations Within The International Human Rights Fence, Robert Mccorquodale
Feeling The Heat Of Human Rights Branding: Bringing Transnational Corporations Within The International Human Rights Fence, Robert Mccorquodale
Human Rights & Human Welfare
A review of:
Human Rights Standards and the Responsibility of Transnational Corporations edited by Michael K. Addo. The Hague: Kluwer Law International, 1999. 384pp.
The Continued Viability Of Foreign Sales Corporations (Fscs): An Analysis Of The Wto Decision Declaring Fscs Incompatible With Gatt Trading Rules, Brenda O'Leary
San Diego International Law Journal
Most major trading nations have features in their income tax laws that favor exports. The United States has adopted such a scheme of preferential treatment of foreign income in order to provide incentives for the export of U.S.-produced goods. However, such devices that reduce income taxes for U.S. exporters have been openly criticized by the international community as illegal export subsidies which are incompatible with the General Agreement on Tariffs and Trade (GATT). In fact, the U.S. enacted its current Foreign Sales Corporation (FSC) legislation in the Tax Reform Act of 1984 to conform the Domestic International Sales Corporation (DISC) …
Force Majeure, China & (And) The Cisg: Is China's New Contract Law A Step In The Right Direction, Donald L. Grace
Force Majeure, China & (And) The Cisg: Is China's New Contract Law A Step In The Right Direction, Donald L. Grace
San Diego International Law Journal
This paper is designed to provide the reader with a general understanding of the force majeure clauses of both the old and new Chinese contract laws and their relation to the CISG. Section II will delve deeper into the Chinese concepts of force majeure and historical and moderns beliefs concerning excuse of performance. Section III will analyze the various provisions that apply to a force majeure event within the FECL, namely Articles 24 and 25, as well as the damage provisions relating to a force majeure event. Section IV will analyze Article 79 of the CISG; provisions pertaining to a …
Canadian Federalism And Its Impact On Cross-Border Trade, Patrick Monahan
Canadian Federalism And Its Impact On Cross-Border Trade, Patrick Monahan
Canada-United States Law Journal
federalism--Canada, federalism--United States
How Do Canadian Provinces And U.S. States View The Importance Of Their Relationship With Their Cross-Border Counterparts, James E. P. Sisto
How Do Canadian Provinces And U.S. States View The Importance Of Their Relationship With Their Cross-Border Counterparts, James E. P. Sisto
Canada-United States Law Journal
states and provinces--Canada and United States
Introduction: A Canada-U.S. Border For The 21st Century, C. Thomas Harvie
Introduction: A Canada-U.S. Border For The 21st Century, C. Thomas Harvie
Canada-United States Law Journal
Canada-U.S. border in the 21st century
Volume 27, Canada-United States Law Journal
Volume 27, Canada-United States Law Journal
Canada-United States Law Journal
No abstract provided.
Palestinian Private Property Rights In Israel And The Occupied Territories, Stacy Howlett
Palestinian Private Property Rights In Israel And The Occupied Territories, Stacy Howlett
Vanderbilt Journal of Transnational Law
As the birth pangs of an emerging Palestinian state rage on, one question bars settlement, reconciliation, and peace: who is entitled to the land? On a macrocosmic level, this question has and will be answered through diplomatic negotiations, political pressure, and violence. The microcosmic question of the disposition of private property, however, must be taken into consideration before any lasting peace agreement can be reached.
The rights and interests of Palestinian refugees and Israeli settlers with respect to the land they have an interest in must be balanced with national needs for territorial continuity and peace. By tracing the transfer …
Is International Bankruptcy Possible?, Frederick Tung
Is International Bankruptcy Possible?, Frederick Tung
Michigan Journal of International Law
Although international business firms proliferate, there is no international bankruptcy system. Instead, bankruptcy law remains a matter for individual states. The failure of a multinational firm therefore raises difficult questions of conflict and cooperation among national bankruptcy laws. In the discourse over the appropriate design for an international bankruptcy system, universalism has long held sway as the dominant idea, embraced nearly universally by bankruptcy scholars. Universalism offers a simple and elegant blueprint for international bankruptcy. Under universalism, the bankruptcy regime of the debtor firm's home country would govern worldwide, enjoying global reach to treat all of the debtor's assets and …
The Effectiveness Of European Community Law With Specific Regard To Directives: The Critical Step Not Taken By The European Court Of Justice, Carla A. Varner
The Effectiveness Of European Community Law With Specific Regard To Directives: The Critical Step Not Taken By The European Court Of Justice, Carla A. Varner
Michigan Journal of International Law
The purpose of this Note is to investigate the European Court of Justice's less expansive treatment of directives as compared to other forms of EC law through its failure to apply horizontal direct effect to directives. More specifically, this Note attempts to answer two questions which arise from the current status of ECJ jurisprudence: First, why has the Court been reluctant to implement horizontal direct effect for directives, especially in light of other actions it has taken to increase the potency of EC law? Second, given the alternative steps taken by the ECJ, is it still necessary to establish horizontal …
Accountability Of Multinational Corporations: The Barriers Presented By Concepts Of The Corporate Juridical Entity, Phillip Blumberg
Accountability Of Multinational Corporations: The Barriers Presented By Concepts Of The Corporate Juridical Entity, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
The Evolving Concept Of Universal Jurisdiction (Symposium), Bartram Brown
The Evolving Concept Of Universal Jurisdiction (Symposium), Bartram Brown
All Faculty Scholarship
No abstract provided.
Title Page, Title Page
Table Of Contents, Table Of Contents
Table Of Contents, Table Of Contents
Canada-United States Law Journal
No abstract provided.
Introduction And History Of The Canada/U.S. Law Institute, Sidney Picker Jr.
Introduction And History Of The Canada/U.S. Law Institute, Sidney Picker Jr.
Canada-United States Law Journal
No abstract provided.
Federal States In The Broader World, Matthew Schaefer
Federal States In The Broader World, Matthew Schaefer
Canada-United States Law Journal
federal states and the world
Discussion Following The Remarks Of Mr. Schaefer And Mr. Anderson, Discussion
Discussion Following The Remarks Of Mr. Schaefer And Mr. Anderson, Discussion
Canada-United States Law Journal
federalism--Canada, foreign policy--Canada
Canadian Federalism And Foreign Policy, George Anderson
Canadian Federalism And Foreign Policy, George Anderson
Canada-United States Law Journal
federalism--Canada, foreign policy--Canada
The Relative Role Of The European Union (Eu) Nation States Vis A Vis The Eu Compared To The Roles Of States/Provinces In U.S./Canada Vis A Vis Federal Governments, Hans Smit
Canada-United States Law Journal
European Union and nation states, federalism--Canada, federalism--United States
Introduction: Relative Roles Of States/Provinces In Regulating Agriculture And The Resulting Impact On Cross-Border Trade, Dirk R. Barrett Jr.
Introduction: Relative Roles Of States/Provinces In Regulating Agriculture And The Resulting Impact On Cross-Border Trade, Dirk R. Barrett Jr.
Canada-United States Law Journal
agriculture--states and provinces
Introduction: How Do Canadian Provinces And U.S. States View The Importance Of Their Relationship With Their Cross-Border Counterparts, Richard Brait
Introduction: How Do Canadian Provinces And U.S. States View The Importance Of Their Relationship With Their Cross-Border Counterparts, Richard Brait
Canada-United States Law Journal
states and provinces--Canada and United States
Discussion Following The Remarks Of Mr. Hellerstein And Mr. Brown, Discussion
Discussion Following The Remarks Of Mr. Hellerstein And Mr. Brown, Discussion
Canada-United States Law Journal
state and provincial taxation
How Do Canadian Provinces And U.S. States View The Importance Of Their Relationship With Their Cross-Border Counterparts, David Peterson
How Do Canadian Provinces And U.S. States View The Importance Of Their Relationship With Their Cross-Border Counterparts, David Peterson
Canada-United States Law Journal
states and provinces--Canada and United States
Competition Between States And Provinces For New Investment: The Effect Of Cross-Border Incentives On Plant Location--An Ohio Perspective, Ron A. Straatsma
Competition Between States And Provinces For New Investment: The Effect Of Cross-Border Incentives On Plant Location--An Ohio Perspective, Ron A. Straatsma
Canada-United States Law Journal
plant location incentives--states and provinces
Masthead, Volume 27 (2001)
Investor-State Disputes Under Nafta: The Empire Strikes Back, Charles H. Brower Ii
Investor-State Disputes Under Nafta: The Empire Strikes Back, Charles H. Brower Ii
Law Faculty Research Publications
This Article examines the growing opposition to arbitration of investor-state disputes involving challenges to regulatory measures under Chapter 11 of NAFTA. The NAFTA Parties apparently seek to restore national sovereignty over such matters by subjecting these awards to heightened review by municipal courts at the seat of arbitration, effectively giving Canadian, Mexican, and United States courts the final authority to interpret Chapter 11. When successful, this practice violates both the letter of Chapter 11 and the intent of the NAFTA Parties to place investor-state disputes within the deferential legal framework of international commercial arbitration. Although the NAFTA Parties may, escape …
Foreword--A Symposium, L. Harold Levinson
Foreword--A Symposium, L. Harold Levinson
Vanderbilt Journal of Transnational Law
We all owe a debt of gratitude to my colleagues, Professors Hal Maier and Jon Charney. Professor Maier founded the Vanderbilt Journal of Transnational Law as part of the law school's transnational law program. The first volume of the Journal was published, under his careful supervision, thirty-four years ago. His efforts, along with those of Professor Charney, enabled the Journal and the program to flourish. Their success in developing a publication and a program of the highest quality is demonstrated by the outstanding qualifications of the speakers at this Symposium. Thanks are due also to the student editors who organized …
Small World After All Or Ball Of Confusion? Some Thoughts On National Multijurisdictional Practice, Peter R. Jarvis
Small World After All Or Ball Of Confusion? Some Thoughts On National Multijurisdictional Practice, Peter R. Jarvis
Vanderbilt Journal of Transnational Law
In a prestigious journal devoted to transnational law, the intramural concerns of American lawyers cannot claim pride of place. Nonetheless, it is difficult to see how we can clear the way for lawyers to move from nation to nation if we cannot move from state to state. Charity, as they say, begins at home. Either we are insular and protectionist or we are not. We cannot have it both ways.
As Prince Bismark noted, however, "Politics is the art of the possible." Like it or not, American lawyers are stuck with a system of state-based regulation for the foreseeable future. …
On Becoming The Other: Cubans, Castro, And Elian -- A Latcritical Analysis, Berta E. Hernández-Truyol
On Becoming The Other: Cubans, Castro, And Elian -- A Latcritical Analysis, Berta E. Hernández-Truyol
UF Law Faculty Publications
It is difficult to imagine that a cute, little, six-year-old boy would be able to change the favorable socially constructed images of cubanas/os virtually overnight. But that is precisely what happened with Elian and the comunidad cubana en Miami en estos estados unidos. The story is sad and poignant, heart-wrenching and surreal, human and political, civil and social, cultural and economic. It reaches into the souls of all who have fought and lost after having thought that they had fought and won.
This essay explores the transformation of the Cuban community in the eyes of the estado unidense majority …
Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi
Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi
All Faculty Scholarship
No abstract provided.