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Full-Text Articles in Law

Trade, Intellectual Property, And The Development Of Central And Eastern Europe: Filling The Gatt Gap, Anne D. Waters Nov 1993

Trade, Intellectual Property, And The Development Of Central And Eastern Europe: Filling The Gatt Gap, Anne D. Waters

Vanderbilt Journal of Transnational Law

A major obstacle encountered by the formerly Communist states of Central and Eastern Europe as they convert to market economies is the lack of necessary capital. To raise that capital, these states are largely dependent on foreign investors. Inadequate protection of intellectual property in the formerly Communist states, however, may deter foreign investment. This Note examines Central and Eastern Europe's need for capital and the effect that the quality of intellectual property protection may have on its ability to obtain capital. The Author concludes that, in order for the new economies to survive, not only must the states of Central …


Protection, Not Protectionism: Multilateral Environmental Agreements And The Gatt, Betsy Baker Oct 1993

Protection, Not Protectionism: Multilateral Environmental Agreements And The Gatt, Betsy Baker

Vanderbilt Journal of Transnational Law

In this Article, Dean Baker examines the compatibility of multilateral environmental agreements with the provisions of the General Agreement on Tariffs and Trade (GATT). The author discusses the key provisions of the Basel Convention on the Control of Transboundary Movements of Hazardous Waste, the Montreal Protocol on Substances that Deplete the Ozone Layer, the United Nations Framework Convention on Climate Change, and the GATT. The author then reviews the conflict between unilateral environmental protection and open and free trade under the GATT. The author concludes the collective interests represented by international environmental agreements, and the agreements themselves, should provide a …


Case Digest, Journal Staff Oct 1993

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that represent cur-rent aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped in topical categories and references are given for further research.


Preventing The Theft And Illegal Export Of Art In A Europe Without Borders, Kimberly A. Short Oct 1993

Preventing The Theft And Illegal Export Of Art In A Europe Without Borders, Kimberly A. Short

Vanderbilt Journal of Transnational Law

The opening of internal borders within the European Community presents tremendous opportunity for European economic growth. Yet with all the potential benefits come many problems. Increased illegal art trafficking is one of these problems. This Note examines European treaties, laws of the individual EC Member States, and Community-wide treaties and regulations designed to prevent the theft and illegal export of art. The Note discusses how the differing interests of the Member States have prevented agreement on legislation to protect art and resulted in measures inadequate to protect Europe's vast art treasures. After analyzing the latest EC regulatory attempt to protect …


French & Sec Securities Regulation: The Search For Transparency And Openness In Decisionmaking, Keith D. Nunes, Louis Vogel, Chris X. Linn, Peter C. Kostant May 1993

French & Sec Securities Regulation: The Search For Transparency And Openness In Decisionmaking, Keith D. Nunes, Louis Vogel, Chris X. Linn, Peter C. Kostant

Vanderbilt Journal of Transnational Law

In this Article, the authors retrace the history and development of France's securities markets. The authors find that the French markets have become dynamic and diverse in the wake of their modernization. In contrast to the passivity of the United States regulatory regime, the authors demonstrate that the role of French regulators is more aggressive and intrusive. The authors also note that, through directives seeking to coordinate the policies of member states, the European Economic Community serves as the world's leading securities regulator. The authors conclude that French securities laws have been successful in improving disclosure and market efficiency. But …


Implications Of The Single European Act On European Community Law-Making: A Modest Step Forward, Barbara C. Potter May 1993

Implications Of The Single European Act On European Community Law-Making: A Modest Step Forward, Barbara C. Potter

Vanderbilt Journal of Transnational Law

In this Article, Ms. Campbell Potter discusses the interaction of the European Community (EC) institutions and the effect the Single European Act (SEA) will have on EC law-making. Specifically, the author notes that the SEA provisions for expanded use of the qualified majority vote and the new cooperation procedure for passage of legislation have changed the balance of power among EC institutions and should facilitate enactment of EC legislation. Ms. Campbell Potter believes that the SEA will continue to be successful as long as Member States do not recklessly invoke "vital national interest" veto powers and as long as the …