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2001

Transnational Law

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Articles 1 - 30 of 56

Full-Text Articles in Law

Feeling The Heat Of Human Rights Branding: Bringing Transnational Corporations Within The International Human Rights Fence, Robert Mccorquodale Oct 2001

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 May 2001

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 ...


Force Majeure, China & (And) The Cisg: Is China's New Contract Law A Step In The Right Direction, Donald L. Grace May 2001

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 ...


Investor-State Disputes Under Nafta: The Empire Strikes Back, Charles H. Brower Ii Jan 2001

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 ...


Introduction: How Do Canadian Provinces And U.S. States View The Importance Of Their Relationship With Their Cross-Border Counterparts, Richard Brait Jan 2001

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


Differences Between Canadian And U.S. Federal Systems--Resulting Effects On The Ability To Deal With Cross-Border And International Issues, Danial Farber Jan 2001

Differences Between Canadian And U.S. Federal Systems--Resulting Effects On The Ability To Deal With Cross-Border And International Issues, Danial Farber

Canada-United States Law Journal

federalism--Canada, federalism--United States


Conference Opening, Henry T. King Jr. Jan 2001

Conference Opening, Henry T. King Jr.

Canada-United States Law Journal

No abstract provided.


Canadian Federalism And Foreign Policy, George Anderson Jan 2001

Canadian Federalism And Foreign Policy, George Anderson

Canada-United States Law Journal

federalism--Canada, foreign policy--Canada


Introduction: Roles Of States/Provinces In Taxation In The Canada/U.S. Context, Terrance Sweeney Jan 2001

Introduction: Roles Of States/Provinces In Taxation In The Canada/U.S. Context, Terrance Sweeney

Canada-United States Law Journal

state and provincial taxation


Relative Roles Of States/Provinces In Regulating Agriculture And The Resulting Impact On Cross-Border Trade, Kevin J. Brosch Jan 2001

Relative Roles Of States/Provinces In Regulating Agriculture And The Resulting Impact On Cross-Border Trade, Kevin J. Brosch

Canada-United States Law Journal

agriculture--states and provinces


How Do Canadian Provinces And U.S. States View The Importance Of Their Relationship With Their Cross-Border Counterparts, David Peterson Jan 2001

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 Jan 2001

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


The Competition Between States And Provinces For New Investment: The Effect Of Cross-Border Incentives On Plant Location, Grahame Richards Jan 2001

The Competition Between States And Provinces For New Investment: The Effect Of Cross-Border Incentives On Plant Location, Grahame Richards

Canada-United States Law Journal

plant location incentives--states and provinces


Introduction: Federal, State And Provincial Interplay Regarding Cross-Border Environmental Pollution, Dorinda Dallmeyer Jan 2001

Introduction: Federal, State And Provincial Interplay Regarding Cross-Border Environmental Pollution, Dorinda Dallmeyer

Canada-United States Law Journal

environmental protection--Canada and United States


Discussion Following The Remarks Of Mr. Knox And Mr. Elgie, Discussion Jan 2001

Discussion Following The Remarks Of Mr. Knox And Mr. Elgie, Discussion

Canada-United States Law Journal

environmental protection--Canada and United States


Volume 27, Canada-United States Law Journal Jan 2001

Volume 27, Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.


Roles Of States And Provinces In Taxation Issues Between Canada And United States, Robert D. Brown Jan 2001

Roles Of States And Provinces In Taxation Issues Between Canada And United States, Robert D. Brown

Canada-United States Law Journal

state and provincial taxation


Federal States In The Broader World, Matthew Schaefer Jan 2001

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 Jan 2001

Discussion Following The Remarks Of Mr. Schaefer And Mr. Anderson, Discussion

Canada-United States Law Journal

federalism--Canada, foreign policy--Canada


Roles Of States/Provinces In Taxation In The Canada/U.S. Context, Walter Hellerstein Jan 2001

Roles Of States/Provinces In Taxation In The Canada/U.S. Context, Walter Hellerstein

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, James E. P. Sisto Jan 2001

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


Federal, State And Provincial Interplay Regarding Cross-Border Environmental Pollution, John Know Jan 2001

Federal, State And Provincial Interplay Regarding Cross-Border Environmental Pollution, John Know

Canada-United States Law Journal

environmental protection--Canada and United States


Introduction: A Canada-U.S. Border For The 21st Century, C. Thomas Harvie Jan 2001

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


Masthead, Volume 27 (2001) Jan 2001

Masthead, Volume 27 (2001)

Canada-United States Law Journal

No abstract provided.


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 Jan 2001

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 ...


Title Page, Title Page Jan 2001

Title Page, Title Page

Canada-United States Law Journal

No abstract provided.


Table Of Contents, Table Of Contents Jan 2001

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. Jan 2001

Introduction And History Of The Canada/U.S. Law Institute, Sidney Picker Jr.

Canada-United States Law Journal

No abstract provided.


Introduction: Differences Between Canadian And U.S. Federal Systems--Resulting Effects On The Ability To Deal With Cross-Border And International Issues, Henry T. King Jr. Jan 2001

Introduction: Differences Between Canadian And U.S. Federal Systems--Resulting Effects On The Ability To Deal With Cross-Border And International Issues, Henry T. King Jr.

Canada-United States Law Journal

federalism--Canada, federalism--United States


Canadian Federalism And Its Impact On Cross-Border Trade, Patrick Monahan Jan 2001

Canadian Federalism And Its Impact On Cross-Border Trade, Patrick Monahan

Canada-United States Law Journal

federalism--Canada, federalism--United States