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Articles 1 - 12 of 12

Full-Text Articles in Law

Financing Participation In Caribbean Basin Investments And Trade, Bruce Zagaris Oct 1985

Financing Participation In Caribbean Basin Investments And Trade, Bruce Zagaris

University of Miami Inter-American Law Review

No abstract provided.


Rendering Arbitral Awards With Reasons: The Elaboration Of Common Law Of International Transactions, Thomas E. Carbonneau Jan 1985

Rendering Arbitral Awards With Reasons: The Elaboration Of Common Law Of International Transactions, Thomas E. Carbonneau

Journal Articles

With the growth of international trade, arbitration has emerged as the preferred remedy for resolving private international commercial disputes. In fact, among major Western legal systems such as those of England, the United States and France, statutory and decisional law developments indicate a nearly complete acceptance of international arbitral adjudication. This recognition of arbitral procedure and the enforcement of awards, which are given uniform legal recognition and enforcement by domestic legal systems, either as provisions in international conventions or as principles of national statutory or decisional law. These rules, in effect, represent an international consensus on arbitration and constitute a …


Causation Under The Escape Clause: The Case For Retaining The "Substantial Clause" Standard, Kevin C. Kennedy Jan 1985

Causation Under The Escape Clause: The Case For Retaining The "Substantial Clause" Standard, Kevin C. Kennedy

Penn State International Law Review

This Article will begin by briefly discussing the history of section 201 of the Trade Act of 1974. It will then examine the "substantial cause" standard and analyze a recent proposal by Congress to relax that standard.


Impact Of The United States International Trade Commission On Commercial Transactions, Italo H. Ablondi, Pamela A. Mccarthy Jan 1985

Impact Of The United States International Trade Commission On Commercial Transactions, Italo H. Ablondi, Pamela A. Mccarthy

Penn State International Law Review

The impact of the decisions and actions of the United States International Trade Commission (ITC) upon international commercial transactions is not only far-reaching but also triggers an enormously varied response.


A Proposal To Abolish The U.S. Court Of International Trade, Kevin C. Kennedy Jan 1985

A Proposal To Abolish The U.S. Court Of International Trade, Kevin C. Kennedy

Penn State International Law Review

In 1980 Congress enacted the Customs Courts Act of 1980, a law designed to "improve the Federal judicial machinery by clarifying and revising certain provisions of title 28, United States Code, relating to the judiciary and judicial review of international trade matters." Among the revisions enacted was the enlargement of the jurisdiction of the United States Customs Court, renamed the United States Court of International Trade ("CIT") over most actions involving import transactions into the United States. Born out of a legislative concern that litigants were bring frustrated in their attempts to obtain judicial review, the Customs Courts Act of …


A Critical Evaluation Of U.S. Fair Trade Policy, George Kleinfeld Jan 1985

A Critical Evaluation Of U.S. Fair Trade Policy, George Kleinfeld

Vanderbilt Journal of Transnational Law

This article utilizes economic analysis to critique fair trade rhetoric and expose the inconsistencies and protectionist consequences of United States antidumping and antisubsidy laws. Proposed reforms deemphasize the ambiguous concept of fair trade, and focus instead on balancing the conflicting economic interests at issue in most trade disputes. Between the elusive, impractical ideal of unfettered free trade and the protectionist objective of strict "fair trade" sanctions, lies a principled middle ground toward which trade policy-makers should be urged to gravitate.


Renewal Of The Gsp: An Explanation Of The Program And Changes Made By The 1984 Legislation, Frank A. Hirsch, Jr. Jan 1985

Renewal Of The Gsp: An Explanation Of The Program And Changes Made By The 1984 Legislation, Frank A. Hirsch, Jr.

Vanderbilt Journal of Transnational Law

This Note outlines the purpose, scope and operation of the GSP from 1976 until 1984. Both the initial authorizing legislation and the 1984 Trade Act are analyzed. The 1979 modifications made in the Trade Agreement Act are briefly discussed where they are relevant. The 1984 Trade Act changes are detailed, with commentary on the manner in which the renewed GSP differs materially from prior law, and with discussion of the underlying policies and significance of the changes. The Note concludes with comments on the diverse objectives of the United States GSP scheme, its evolving nature, and prospects for continuation of …


Political And Policy Dimensions Of Foreign Trade Zones: Expansion Or The Beginning Of The End?, Donald E. Dekieffer, George W. Thompson Jan 1985

Political And Policy Dimensions Of Foreign Trade Zones: Expansion Or The Beginning Of The End?, Donald E. Dekieffer, George W. Thompson

Vanderbilt Journal of Transnational Law

Foreign Trade Zones ("zones") have been touted as an essential element in expanding United States foreign commerce since their authorization in 1934. Over the last fifty years, structural changes have expanded the scope of the zone program, permitting the explosive growth of zone utilization. This expansion has caused renewed scrutiny of the entire zone program by the public and private sectors. Both United States industry and labor interests have objected to using zones for the manufacturing of products that subsequently are imported at substantial savings in customs duty. Further, opponents of the present zone program claim that the rapid increase …


Secrecy And Blocking Laws: A Growing Problem As The Internationalization Of Securities Markets Continues, Rochelle G. Kauffman Jan 1985

Secrecy And Blocking Laws: A Growing Problem As The Internationalization Of Securities Markets Continues, Rochelle G. Kauffman

Vanderbilt Journal of Transnational Law

This Note examines the problems recently faced by the SEC in policing securities transactions effected by foreign financial institutions in jurisdictions with secrecy and blocking laws, and it proposes both a short-term solution and a long-term solution to the SEC's enforcement problems. Part II of the Note outlines the problems confronting the SEC, specifically addressing the growing internationalization of securities markets and the effects on United States markets. This section also examines the problems confronting the SEC as a result of secrecy and blocking laws, and it suggests that unless new enforcement procedures are developed, these problems will increase when …


Books Received, Law Review Staff Jan 1985

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

The Human Rights of Aliens in Contemporary International Law By Richard B. Lillich Dover, New Hampshire: Manchester University Press, 1985. Pp. xii, 126. $38.00

Banking on the Act of State By Carsten Thomas Ebenroth Universitdtsverlag Konstanz Gmbh: 1985. Pp. 101.DM66,80.

The Iran-United States Claims Tribunal, 1981-1983 Edited by Richard B. Lillich Charlottesville, Virginia: The University Press of Virginia, 1985. Pp. viii, 156. $25.00

Emerging Standards of International Trade and Investment Edited by Seymour J. Rubin and Gary Clyde Hufbauer Totowa, New Jersey: Rowman & Allanheld, 1984. Pp. ix,196

The World of International Tax Planning By Milton Grundy New …


Remedies For Unfair Trade: European And United States Views, Elisabeth Zoller Jan 1985

Remedies For Unfair Trade: European And United States Views, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.


The Strange New World Of United States Export Controls Under The International Emergency Economic Powers Act, Joel B. Harris, Jeffrey P. Bialos Jan 1985

The Strange New World Of United States Export Controls Under The International Emergency Economic Powers Act, Joel B. Harris, Jeffrey P. Bialos

Vanderbilt Journal of Transnational Law

This Article examines whether the President's reauthorization of the Regulations is within the scope of the authority provided by IEEPA and explores the potential long term consequences of "life under IEEPA" for the United States system of export and boycott-related controls.

Section I analyzes whether the President's emergency powers under the IEEPA permit the maintenance of regulations originally promulgated under a statute that has since lapsed (i.e. the EAA). The Article demonstrates that when Congress promulgated the IEEPA, Congress expressly evinced its intent to give the President broad emergency authority to regulate exports and boycott-related practices during periods of the …