Law Commons^™

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

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

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

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

Canada-United States Law Journal

Canada-U.S. border in the 21st century

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

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

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

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

Faculty Articles and Papers

No abstract provided.

The Evolving Concept Of Universal Jurisdiction (Symposium), Bartram Brown

All Faculty Scholarship

No abstract provided.

Title Page, Title Page

Canada-United States Law Journal

No abstract provided.

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.

Canada-United States Law Journal

No abstract provided.

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

Canada-United States Law Journal

federalism--Canada, foreign policy--Canada

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.

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

Canada-United States Law Journal

states and provinces--Canada and United States

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

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

Canada-United States Law Journal

plant location incentives--states and provinces

Masthead, Volume 27 (2001)

Canada-United States Law Journal

No abstract provided.

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

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

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. …

Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi

All Faculty Scholarship

No abstract provided.

Uni-State Lawyers And Multinational Practice: Dealing With International, Transnational, And Foreign Law, Ronald A. Brand

Vanderbilt Journal of Transnational Law

This Article addresses how a lawyer may ethically engage in a transnational practice given the current structure of state-by-state bar admission. Part I examines the ethical pitfalls of a transnational practice, including an examination of applicable APA Model Rules of Professional Conduct. This section also addresses different tests for determining whether a lawyer has committed the unauthorized practice of law. Part III makes use of examples to illustrate the legal framework for determining whether a lawyer has committed the unauthorized practice of law. In Part IV, the author concludes by making suggestions for how to better address the ethical dilemma …