International Trade Law Commons^™

Major Changes In Council Regulation 3283/94: Its Compatibility With The Uruguay Round Anti-Dumping Code, Sangsoo Son

LLM Theses and Essays

Dumping can be defined as exporting goods at prices below those charged on the domestic market or at prices insufficient to recover the cost of the goods sold. Dumping is considered an unfair trading practice because it interferes with free market economy principles. During the 1980s, anti-dumping measures were an important issue for a few developed countries that had attractive markets for foreign producers; these countries were the United States, the European Community, Canada, and Australia. The European Community (EC) has developed its own anti-dumping laws over the years; Article 113 of the EEC Treaty gives power to Community institutions …

The Evolution Of Free Trade In The Americas: Nafta Case Studies, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Sovereignty And Regionalism, Horacio A. Grigera Naón

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Choice Of The Applicable Law In United States Maritime Law And The Venezuelan System, Daniel Eric Vielleville

LLM Theses and Essays

International maritime transport is an important means of transport in international trade. The vessels used in international maritime transport face unique dangers which necessitate maritime law that addresses the perils associated with maritime transport. Maritime law concerns many jurisdictions, which creates a special interest for the study of conflict of laws. There are private international maritime laws in addition to multilateral treaties. This paper analyzes the international approach that the United States takes in maritime conflict of laws, and compares it with the Venezuelan system of private international law. Venezuela is a civil law country with old maritime legislation which …

The Economic And Political Logic Of Mass Privatization In Czechoslovakia And Poland, George Bogdan

Cardozo Journal of International and Comparative Law

The article examines the mass privatization programs implemented in Czechoslovakia (later the Czech Republic) and Poland during their transitions from communism to democracy and capitalism. It compares the design, implementation, and outcomes of these programs, highlighting the economic and political factors that shaped their approaches. The analysis focuses on how the unique historical, economic, and political contexts of each country influenced their privatization strategies and the effectiveness of these strategies in achieving marketization and institutional reform.

Nafta's Procedural Narrow-Mindedness: The Panel Review Of Antidumping And Countervailing Duty Determinations Under Chapter Nineteen, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.

Reshaping Trademark Protection In Today's Global Village: Looking Beyond Gatt's Uruguay Round Toward Global Trademark Harmonization And Centralization, Harriet R. Freeman

ILSA Journal of International & Comparative Law

The world has become a "global village" in which the "medium is the message."' A business engaged in international trade uses its trademark' as the medium to convey its message.

Privatization At The Crossroad Of Latvia's Economic Reform, Sandra Berzups

ILSA Journal of International & Comparative Law

Latvia regained its independence from the former Soviet Union in August 1991. Since then, it has begun the slow and arduous path of replacing the centrally-planned, socialist system with an economic structure based on free-market principles. Latvia began this transition "in a difficult environment characterized by macroeconomic imbalances inherited from four decades of central planning and disruptions caused by a sharp contraction of trade with Russia and other states of the former Soviet Union."

China's New Foreign Trade Law: Analysis And Implications For China's Gatt Bid, 28 J. Marshall L. Rev. 495 (1995), Bing Wang

UIC Law Review

No abstract provided.

International Commercial Arbitration In China: History, New Developments, And Current Practice, 28 J. Marshall L. Rev. 539 (1995), Ge Liu, Alexander Lourie

UIC Law Review

No abstract provided.

A Legal And Practical Overview Of Direct Investment And Joint Ventures In The "New" China, 28 J. Marshall L. Rev. 567 (1995), Daniel J. Brink, Xiao Lin Li

UIC Law Review

No abstract provided.

An Overview Of China's Real Estate Law, 28 J. Marshall L. Rev. 593 (1995), Yao Liang Huang, Xie Zhao Hua

UIC Law Review

No abstract provided.

China's New Vat System, 28 J. Marshall L. Rev. 619 (1995), Xiangyuan Jiang, Jack Huang

UIC Law Review

No abstract provided.

The General Agreement: From Tariffs And Trade To Sustainable Development, Mark Anthony Drumbl

Scholarly Articles

In order to deal adequately with the immense environmental problems we face, it is not sufficient to clean up past mistakes. We must also restructure traditional trade practices to curtail future environmental harms. This article is an attempt to offer ideas as to how such a restructuring could take place.

Environmental degradation is increasingly becoming an issue of global security. Water depletion, air pollution, deforestation, soil erosion, and the possibility of rising sea levels in overcrowded regions are all phenomena that may prompt mass migrations. This, in turn, might incite group conflicts. In this regard, environmentally related issues could constitute …

Watching Czechs Look West, Norman Silber

ILSA Journal of International & Comparative Law

"I prefer the way we live in my home of Krevitsonitze," the Czech factory computer engineer named Dzhenek told me. Together we flew toward Prague, conversing in broken English and pitiful Czech with the aid of a bilingual dictionary. Dzhenek was going home after four months spent in Pennsylvania, where he had been part of a team installing his Czech company's first American export: a giant computer-directed lathe in a machine-tools factory.

China On The Horizon: Exploring Current Legal Issues, 28 J. Marshall L. Rev. 639 (1995), Preston M. Torbert

UIC Law Review

No abstract provided.

An Introduction To Foreign Investment Laws In The People's Republic Of China, 28 J. Marshall L. Rev. 471 (1995), John Zhengdong Huang

UIC Law Review

No abstract provided.

U.S. Practices In Risk Assessment And Risk Management For Product Safety Under Article 2.2 Of The Agreement On Technical Barriers To Trade, Suckhong Ko

LLM Theses and Essays

Article 2.2 of the Agreement on Technical Barriers to Trade (TBT) was applied to the GATT member countries in 1995. This article provides national product safety agencies with requirements for risk assessment and risk management. However, the terms used in the article are broad and open to interpretation. This paper argues that vast discretion and broad terms cannot solve technical barriers effectively; the “minimum requirements” standard within Article 2.2 of the TBT fails to consider those countries whose technology in product safety is inferior to that of developed countries. The United States has some of the strongest product safety measures, …

International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg

LLM Theses and Essays

Arbitration has long been regarded as a process that combines finality of decision with speed, low expense, and flexibility in solving problems. For these reasons, arbitration is often favored over litigation for dispute resolution. Particularly in international cases, a businessman may avoid litigation in a foreign country for various reasons: he may be unfamiliar with the proceedings; he may be afraid to find a “forum hostile” because of the different legal and cultural background of the judges; and he may wish to avoid the uncertainty concerning the law arising from the contract. Arbitration proceedings have been held constitutional by the …

Authority, Community And The Civil Law Commentary: An Example From German Competition Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

The Forgotten Link: Control In Section 482, Wayne M. Gazur

Publications

The foundation of international taxable income allocations between related parties is formed by the imposition of an arm's length standard. The presence of "control" over a person invokes this measure. The author examines the implications of control presented by continuing developments in the global business environment, including the rise of cooperative interfirm arrangements.

Retaliatory Action In United States And European Union Trade Law And It's Compatibility With Gatt, Wolfgang W. Leirer

LLM Theses and Essays

This LL.M. thesis provides a comprehensive comparative analysis of the retaliatory trade law instruments of the United States and the European Union and evaluates their compatibility with the General Agreement on Tariffs and Trade (GATT). The work traces the legislative history of Section 301 of the Trade Act of 1974 and Council Regulation 2641/84, analyzes the procedural and substantive provisions of each regime, including the initiation of investigations, availability of mandatory versus discretionary action, the scope of retaliatory power, and availability of judicial review, and then compares the instruments' provisions against one another. The analysis includes an exploration of the …

Liberalization Of India’S Trade And Investment Policies: Pitfalls And Advantages For U.S. Firms Doing Business In India, Sanjiv Verma

LLM Theses and Essays

A rich history of trade and commerce ties America to India. This paper examines the contemporary trade issues between America and India, particularly in light of recent economic reforms in India. It inquires into and analyzes the various advantages India can provide for US businesses as a foreign investment destination. Various barriers to trade between these two nations are identified, such as tariff and nontariff barriers, quota restrictions, and infrastructural and social barriers. This paper gives a brief overview of some of the recent economic policy changes in India, suggests legislative and policy improvements required to attract more US investments …

U.S. Intellectual Property Protection In China: Legal Framework And Dynamics, Yun Xu

LLM Theses and Essays

This thesis explores the complex landscape of intellectual property protection in the context of the U.S-China trade relations. U.S. intellectual property protection in China has emerged as a critical issue in the U.S.-China trade relations, impacting tensions and becoming a critical point. The thesis examines the challenges posed by China’s historical attitudes towards intellectual property rights. China’s historical lack of respect for intellectual property rights, compounded by the Communist political culture, has led to widespread piracy, particularly as China pursues the market-driven economics of U.S. intellectual property protection in China. The Agreements on Trade Related Aspects of Intellectual Property Rights …

Antidumping Duties And Their Implications For International Trade, Masanori Kobayashi

LLM Theses and Essays

This LL.M. thesis provides a comprehensive comparative analysis of antidumping duty regimes across three major jurisdictions — the United States, the European Union, and Japan — against the backdrop of GATT Article VI and successive Antidumping Codes. The work traces the legislative history of antidumping measures from early twentieth-century domestic legislation through the Kennedy and Tokyo Rounds, analyzes the procedural and substantive provisions of the 1979 Code and the Dunkel Draft, and concludes with a critique of the Final Act of the Uruguay Round. Key topics include the legal definitions of dumping margin, normal value, export price, material injury, and …

Special 301: An Effective Tool Against Thailand's Intellectual Property Violations, Preeti Sinha

Washington International Law Journal

Special 301 of the 1988 Omnibus Trade and Competitiveness Act grants the United States Trade Representative the authority to target countries that do not adequately protect intellectual property rights. The USTR has been investigating and negotiating with several countries, including Thailand, in an effort to improve intellectual property protections for American products. As a result, Thailand has instituted noteworthy changes in its copyright and patent laws. This Comment recommends that the USTR continue to negotiate with Thailand, and that the USTR continue to exert pressure on Thailand. This Comment also suggests that because Thailand has taken steps to improve protection …

Antitrust In A World Of Interrelated Economies: The Interplay Between Antitrust And Trade Policies In The Us And The Eec, Alyssa A. Grikscheit

Michigan Law Review

A Review of Antitrust In a World of Interrelated Economies: The Interplay Between Antitrust and Trade Policies in the US and the EEC by Mário Marques Mendes

The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, 26 J. Marshall L. Rev. 457 (1993), R. Carl Moy

UIC Law Review

No abstract provided.

An Overview Of Changes To The Patent Law Of The United States After The Patent Law Treaty, 26 J. Marshall L. Rev. 497 (1993), Richard C. Wilder

UIC Law Review

No abstract provided.

The Antidumping Laws And Principles Under The Gatt: Protecting Protection, The “Dunkel Drafts” And After The Uruguay Round, Heejang Yoo

LLM Theses and Essays

The antidumping laws of the U.S., Canada, Australia, European countries, and other developing countries are seen as protectionist of those nation’s local industries at the expense of foreign exporters. The fact that foreign exporters cannot obtain a meaningful judicial review of these antidumping laws only compounds the matter. This thesis urges nations to adopt multilateral competition-oriented antidumping polices and to abandon producer-oriented protectionist laws. Even if the notion of trade liberalization has been discredited under the GATT, the author advocates a return to such a goal in the context of antidumping laws. In reaching this conclusion, this thesis analyzes current …