Law Commons^™

Foreign Duty: Export Control Goes Private, Anne Proffitt Dupre

Scholarly Works

If you're an exporter, it pays to be a know-it-all these days.

Does there appear to be even a slight potential that the item you're shipping could play any part at all in modern weaponry? then you need to know exactly how that item will or may be used. You also may need to know who will ultimately use it, and where.

If you're a lawyer advising either that exporter or a supporting financial institution, you, too, now need an extra measure of vigilance. For one thing, it helps to know how to write loan documents with the necessary safeguards …

African Economic Community And The Promotion Of Intra-African Trade, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.

Trade And Environment: An Environmentalist View, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Airlines, Airports And Antitrust: A Proposed Strategy For Enhanced Competition, Robert M. Hardaway, Paul Stephen Dempsey

Sturm College of Law: Faculty Scholarship

Most of this country's major airports are monopolies or duopolies at which one or two dominant carriers control a high percentage of terminal facilities. Airlines have used this market power to raise fares on flights originating and terminating at such airports. Although this power has been gained in part through the process of buy-outs and mergers in the airline industry itself, it has also been gained through actions taken in concert with airport authorities, such as when agreements are entered into that effectively limit the availability of airport facilities to new entrants and other competitors. Airlines, by virtue of rights …

Aviation Law And Regulation, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms

Sturm College of Law: Faculty Scholarship

We sought to write a comprehensive reference book for aviation lawyers and practitioners, and airline and aircraft manufactuing executives in need of vital information regarding law and government regulation in the field of commercial and general aviation. We envision this book as an aid for the neophyte and experienced practitioner alike.

Emerging Conflicts Over Intellectual Property In Recent Gatt Negotiations, Sonia Baldia

LLM Theses and Essays

This thesis describes the "intellectual property problem" and how it came to be a focus of the General Agreement on Tariffs and Trade. It addresses the concerns of the developed and the developing world regarding a reform in their intellectual protection regimes. One of the results of this thesis is that reforms that do not stem from developing countries' perceptions of their own interests and needs, and that are not articulated in keeping with broader economic and technological policies, are unlikely to result in stable and predictable rules or to be properly enforced.

Policy And Legal Aspects Of Technology Transfer From The United States To China, Yongman Zhang

LLM Theses and Essays

One of the major international transactions today is the transfer of technology between nations. Because the U.S. and China are on opposite ends of the technology spectrum, one an advanced technological nation and the other technologically backward, they make excellent trading partners of technology. China’s history of self-reliance and its modern Open Door policy to realize its Four Modernizations are reviewed. This policy of openness is the key to the modernization of China’s economy through the importing of foreign technology. Likewise, the evolution of U.S. policy toward trade with China is analyzed. The U.S. has moved from a policy of …

Model Technology Diversion Safeguard Law, Georgi Angelov

LLM Theses and Essays

This thesis delves into the liberation of export control that resulted from the Committee for Multilateral Export Controls and its being contingent on the adoption of safeguard mechanisms. The objective of the study is to create a model technology diversion safeguard law designed specifically for Bulgaria but adaptable for other interested countries. There is an added emphasis on communication issues, stated as “critical for the successful implementation of a safeguard regime.”

Negotiation Of International Agreements: Legal And Practical Problems In The Third World Countries, Kuwayaway Stephen Kuwayaway

LLM Theses and Essays

The purpose of this study was to investigate problems in negotiation of international agreements in Third World countries, to shed light on the salient features in negotiation agreements between developed and developing countries, and to propose measures to assess the situation. This study provides detailed description and techniques used in negotiating these agreements in international negotiations. The study reveals that when negotiating within unequal bargaining power, the weak party stands to lose because it enters the agreement without free will; consequently, the agreement becomes unenforceable. Three factors have been identified as being obstacles to freedom of contract, ie. The unequal …

Gatt Membership For Taiwan: An Analysis In International Law, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.

The Perilous Process Of Protecting Process Patents From Infringing Importations, 14 Loy. L.A. Int'l & Comp. L.J. 207 (1992), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.

Precaution, Participation And The "Greening" Of International Trade Law, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Introduction: Mexican Perspectives On Economic, Political And Cultural Implications Of Free Trade, Henry Mcgee

Faculty Articles

Professor McGee introduces two papers submitted to the 1990 UCLA School of Law seminar entitled Law and Development in Latin America. The first paper, written before the onset of negotiations for a free trade treaty between Mexico and the United States, deals with the then new regulations of the Mexican Secretary of the Treasurer (Secretaria de la Hacienda) designed to sweep away a labyrinth of rules and procedures which had traditionally vexed foreign investors who dealt with the Mexican bureaucracy. The second paper concerns the irony which inheres in Mexico's treatment of Central American immigration, a problem relatively undiscussed in …

Can Buckley Clear Customs?, Harold H. Bruff

Publications

No abstract provided.

Gatt Membership In A Changing World Order: Taiwan, China, And The Former Soviet Republics, Lori Fisler Damrosch

Faculty Scholarship

My introduction to questions of GATT membership came in 1979 when, as an attorney in the U.S. Department of State, I was immersed in a series of issues concerning trade relations with the People's Republic of China ("China" or "PRC") and Taiwan ("Republic of China" or "ROC"). I kept hearing about the "Chinese seat" in the GATT as if it were some piece of furniture waiting to be taken out of storage and put back in the dining room. The image of a chair is hardly an apt way of visualizing the extraordinarily complex network of legal relationships that exists …

The Extraterritorial Application Of Antitrust Laws: The United States And European Community Approaches, Roger P. Alford

Journal Articles

This Arti­cle compares the differing approaches of the United States and the European Community as they wrestle with the question of how to regulate foreign anticompetitive activity. More specifically, this Arti­cle highlights the distinctive features of the U.S. "effects doctrine" and the European Community's "implementation approach" and ana­lyzes the differences that exist between the two systems. Only the U.S. doctrine openly provides for the consideration of international comity concerns, but both approaches have been used liberally to assert jurisdiction over foreign defendants. Part II of this Article pro­vides a background to the subject by briefly outlining the traditional bases of …

Environment And Trade As Partners In Sustainable Development: A Commentary, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

Trade is not an end in itself; rather, it is a means to an end. The end is environmentally sustainable economic development. So viewed, there are legitimate constraints on trading patterns and practices that are necessary to ensure that the "instrument of trade" leads to environmentally sustainable development. Measures needed to protect the environment cannot be forsworn simply because they may adversely affect free trading relationships.

Surveillance Schemes: The Gatt's New Trade Policy Review Mechanism, Petros C. Mavroidis

Faculty Scholarship

In 1986 the Contracting Parties to the General Agreement on Tariffs and Trade (GATT) launched the Uruguay Round of multilateral trade negotiations, the most ambitious round of trade negotiations to date. The Contracting Parties to the GATT agreed in the Punta Del Este Declaration to introduce into the GATT system three new sectors for negotiation: services, trade-related intellectual property rights (TRIPs), and trade-related investment measures (TRIMs). In addition, for the first time in GATT history, the Contracting Parties agreed to devote a negotiating group exclusively to negotiating the tricky aspects of international trade in agricultural products. Another goal of the …