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Articles 1351 - 1380 of 1380

Full-Text Articles in International Trade Law

Review Of Foreign Laws, Michigan Journal Of International Law Jan 1984

Review Of Foreign Laws, Michigan Journal Of International Law

Michigan Journal of International Law

The following summaries of national laws relating to industrial policy do not attempt to catalogue every law or program that arguably falls under the rubric of industrial policy. Rather, to varying degrees, they pay special attention to several themes that recur in all discussions of industrial policy: the promotion of certain industries and the management of the decline of others; the formation of a consensus between labor and management on an industry's future; and the creation of a plan for future development. These summaries illustrate the diversity of the legal tools that various countries use to promote industrial development. This …

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The Role Of The Federal Government In Worker Adjustment Assistance, Linda Elliott Jan 1984

The Role Of The Federal Government In Worker Adjustment Assistance, Linda Elliott

Michigan Journal of International Law

Part I of this note examines worker adjustment assistance in the United States. It traces TAA's evolution from its inception as a means of compensating trade-displaced workers while minimizing government intervention in the market adjustment process, through its amendment to reflect congressional concern over the low number of worker certifications, to the criticism of its procedures arising out of more recent congressional interest in government-sponsored retraining as a means of attaining worker adjustment. After arguing that current certification and distribution procedures continue to reflect the original goal of the program- compensation with minimal intervention in the market- the note examines …

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Bronze Sculptures: Casting Around For Protection, Leonard D. Duboff Jan 1984

Bronze Sculptures: Casting Around For Protection, Leonard D. Duboff

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Arbitral Adjudication: A Comparative Assessment Of Its Remedial And Substantive Status In Transnational Commerce, Thomas E. Carbonneau Jan 1984

Arbitral Adjudication: A Comparative Assessment Of Its Remedial And Substantive Status In Transnational Commerce, Thomas E. Carbonneau

Faculty Scholarship

With the growth of international trade, arbitration has emerged as the preferred remedy for disputes in private international commerce. Its adjudicatory features respond well to the sui generis dispute resolution needs of international commercial contracts. Most significantly, an arbitration agreement acts as an elaborate choice-of-forum clause. It allows the parties to satisfy their need for a predictable and effective dispute resolution process by creating a more realistic and workable framework that supersedes the fundamentally parochial alternative proffered by national legal systems. The party autonomy principle that underlies arbitration gives the contracting parties the power to fashion a remedial process tailored …

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Brazil's Profit Remittance Law: Reconciling Goals In Foreign Investments, Jan Hoffman French Jan 1982

Brazil's Profit Remittance Law: Reconciling Goals In Foreign Investments, Jan Hoffman French

Sociology and Anthropology Faculty Publications

Promoting foreign investment is a goal of many developing nations. Along with the benefits of that investment, however, foreign participation in development creates problems such as balance of payments deficits caused by the repatriation of profits earned by the foreign investor. Brazil's profit remittance law is one effort to reconcile these problems. By providing for the registration of foreign investment and using a system of reinvestment incentives, the Profit Remittance Law seeks to promote foreign investment while avoiding the loss of capital which results when profits are remitted abroad. The author of this article describes and explains the Profit Remittance …

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United Kingdom Regulation Of Transnational Corporate Concentration, J. Denys Gribbin Jan 1981

United Kingdom Regulation Of Transnational Corporate Concentration, J. Denys Gribbin

Michigan Journal of International Law

This article begins by describing the United Kingdom's policy toward outward and inward direct investment and then sets out the essentials of the competition laws that are among the major, nondiscriminatory regulatory mechanisms that affect corporate behavior and planning. The article also analyzes the development of competition policy as a microeconomic instrument along with its application to monopoly, oligopoly, and cartels involving transnational corporations. Competition policy, except for cartels, is shown to be relatively benign toward mergers until recently, and with respect to monopoly and oligopoly has sought remedies in regulation of prices and behavior rather than through structural change. …

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International Law And Community Treaty-Making Power, Hans Van Houtte Jan 1981

International Law And Community Treaty-Making Power, Hans Van Houtte

Northwestern Journal of International Law & Business

The European Community, in addition to its power within the Community, may negotiate and conclude agreements with states and other international organizations. In his article, Mr. van Houtte examines the Community's utilization of its treaty-making powers under community law as well as under international law. He concludes that the Community will attain full international status when it utilizes its treaty-making power completely and assumes full and exclusive responsibility for it.

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Ventures In The China Trade: An Analysis Of China's Emerging Legal Framework For The Regulation Of Foreign Investment, William P. Alford, David E. Birenbaum Jan 1981

Ventures In The China Trade: An Analysis Of China's Emerging Legal Framework For The Regulation Of Foreign Investment, William P. Alford, David E. Birenbaum

Northwestern Journal of International Law & Business

In this Article, Messrs. Alford and Birenbaum examine laws and regulations recently promulgated by the People's Republic of China to govern the conduct of business and investment in China. After establishing the cultural, historical, bureaucratic and developmental contexts within which the authors believe these laws and regulations must be understood, they comprehensively examine and discuss the new legal pronouncements.

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The Relationship Between National And Community Antitrust Law: An Overview After The Perfume Cases, Jean-Francois Verstrynge Jan 1981

The Relationship Between National And Community Antitrust Law: An Overview After The Perfume Cases, Jean-Francois Verstrynge

Northwestern Journal of International Law & Business

The European Coal and Steel Community Treaty and the Treaty of Rome have been recognized as transferring the jurisdictional authority to apply antitrust laws to the European Communities. After surveying the impact of these treaties on various sectors, the author argues that it is necessary to subordinate the jurisdictional authority of the Member States in this field to fulfill the objectives of the Common Market.

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Refusals To Supply: Should The French Rules Be Harmonized With Those Of The Eec?, Dominique Brault Jan 1981

Refusals To Supply: Should The French Rules Be Harmonized With Those Of The Eec?, Dominique Brault

Northwestern Journal of International Law & Business

In this article, Mr. Brault contends that "harmonizing" the French rules with those of Germany or the EEC is neither desirable nor necessary because of the disparate economic structures of the EEC Member States and because the French rules are, as a result of French case law, not as rigid and severe as their detractors portray them. Instead, Mr. Brault suggests that in practice, the national antitrust laws of EEC Member States are becoming "harmonized" naturally because German and EEC case law have made the application of apparently lenient refusals to supply statutes significantly more severe.

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"Black Ships" And Balance Sheets: The Japanese Market And U.S.-Japan Relations, Kenneth W. Abbott, Conrad D. Totman Jan 1981

"Black Ships" And Balance Sheets: The Japanese Market And U.S.-Japan Relations, Kenneth W. Abbott, Conrad D. Totman

Northwestern Journal of International Law & Business

In this Article, Professors Abbott and Totman address the widespread Western belief that the Japanese economy is unfairly closed to foreign trade and investment. The authors identify several levels of barriers to penetration of the Japanese market. They contend that considerable progress has been made in reducing direct official restraints and official non-tariff barriers. Further progress in resolving the closed market issue, the authors predict, will be more difficult. Some of the remaining problems are rooted in Japanese society and culture; others in Western attitudes toward Japan. All reflect the historical pattern of Japan's relations with the West. The authors …

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Prohibiting Restriction Of Free Trade Within The Community: Articles 30-36 Of The Eec Treaty, P. Verloren Van Themaat, L.W. Gormley Jan 1981

Prohibiting Restriction Of Free Trade Within The Community: Articles 30-36 Of The Eec Treaty, P. Verloren Van Themaat, L.W. Gormley

Northwestern Journal of International Law & Business

The problem of accommodating the tensions of power between the European Economic Community and individual Member States is particularly acute in the area of prohibitions on restriction on free trade within the Community. Professor van Themaat and Mr. Gormley analyze key aspects of this problem in select decisions of the Court of Justice concerning Articles 30-36 of the EEC Treaty. The areas of discussion include the extent to which Articles 30-36 affect internal economic regulations of Member States, the difference between trading within an established Community organization and trade in an area where no organization exists, and the relation of …

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The Court Of Justice Of The European Communities: The Scope Of Its Jurisidction And The Evolution Of Its Case Law Under The Eec Treaty, John Mackenzie Stuart Jan 1981

The Court Of Justice Of The European Communities: The Scope Of Its Jurisidction And The Evolution Of Its Case Law Under The Eec Treaty, John Mackenzie Stuart

Northwestern Journal of International Law & Business

The European Court of Justice, as the sole judicial institution of the European Communities, has evolved into a vigorous body asserting a strong cohesive influence upon the Member States through application of the principles asserted in the Communities' Treaties. In this article, Lord Mackenzie Stuart examines the jurisdiction of the Court in light of recent case law. In particular, Judge MacKenzie Stuart discusses doctrines of jurisdiction adopted by the Court and the application of these doctrines to recent developments involving free movement of goods and of persons within the Communities and other Treaty principles such as equal pay for men …

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The Eec Convention On Jurisdiction And Enforcement Of Civil And Commercial Judgments, Elizabeth Freeman Jan 1981

The Eec Convention On Jurisdiction And Enforcement Of Civil And Commercial Judgments, Elizabeth Freeman

Northwestern Journal of International Law & Business

As the result of a Protocol to the EEC Convention on Jurisdiction and Enforcement of Civil and Commercial Judgments, the European Court of Justice was express given jurisdiction to interpret the Convention's provisions. The European Court, in interpreting the Convention, has adopted Community solutions and common Community law definitions. In addition, the European Court has narrowly construed exceptions to the Convention's basic principles. The Court has also attempted to guarantee equality of treatment. In this article, Mrs. Freeman examines the European Court's application of these principles in light of the Convention's purpose and structure.

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The Limits Placed By Eec Law On Territorial Protection In Patent Licensing: A Case Study In Community Law-Making, Donald L. Holley Jan 1981

The Limits Placed By Eec Law On Territorial Protection In Patent Licensing: A Case Study In Community Law-Making, Donald L. Holley

Northwestern Journal of International Law & Business

In this article, Mr. Holley examines the ways in which the EEC Commission's interpretations of the EEC Treaty, European Court decisions, and suggestions made by Member States and industry influence the development of EEC law. By focusing on the Commission's draft patent licensing regulation, the author identifies existing conflicts between preserving patent rights and the EEC objectives of protecting competition and the free flow of goods among the Member States.

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National Panasonic (U.K.) Ltd. V. Commission Of The European Communities: The Common Market's First Look At Warrantless Searches In Antitrust Investigations, Catherine C. Gale Jan 1981

National Panasonic (U.K.) Ltd. V. Commission Of The European Communities: The Common Market's First Look At Warrantless Searches In Antitrust Investigations, Catherine C. Gale

Northwestern Journal of International Law & Business

In Antitrust Investigations National Panasonic (UK) Ltd v. Commission of the European Communities' is the first decision of the European Court of Justice delineating the powers of the European Commission to conduct evidentiary searches on the premises of firms suspected of violating the European Economic Community's antitrust laws. The Court held that the Commission may conduct on-the-spot searches of firms without prior notification. The Court's decision greatly expands the investigatory powers of the Commission at the expense of significant privacy and due process rights for firms operating within the European Community. This note will examine the extent to which the …

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Canadian Merger Policy And Its International Implications, Eric K. Gressman Jan 1981

Canadian Merger Policy And Its International Implications, Eric K. Gressman

Michigan Journal of International Law

The implications of Canadian merger policy are of deep concern to U.S. and other foreign investors who have invested or are considering investing in Canada. U.S. interests own 60 percent of Canada's manufacturing industry. In 1978, approximately 250 mergers in Canada involved a foreign-owned or foreign-controlled buyer (usually U.S.). Therefore, it is not surprising that Canada's merger policy is no less important to the decisions of foreign investors in Canada than the Justice Department's policies are to domestic investors in the United States. At the same time, the Canadian government and public are concerned with their merger policy as a …

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Regulation Of Concentration Through Merger Control: Germany's Continuing Efforts, Kurt Stockmann Jan 1981

Regulation Of Concentration Through Merger Control: Germany's Continuing Efforts, Kurt Stockmann

Michigan Journal of International Law

The Federal Republic of Germany's Law Against Restraints on Competition (the ARC), establishes an extensive regime for regulating market-dominating enterprises. Therefore, large corporations, both national and multinational, are the subject of particular scrutiny in the Federal Republic. Rather than identify and address all the provisions pertinent to corporate concentration (a task whose tedium would be matched only by its enormity), this analysis will undertake three tasks: (1) briefly describe the general scope of West German merger law, (2) discuss the application of the law to cases of transnational concentration, and (3) explain the proposed Fourth Amendment to the ARC as …

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Article 37 Of The Eec Treaty: State Trading Under Scrutiny, Spencer Weber Waller Jan 1981

Article 37 Of The Eec Treaty: State Trading Under Scrutiny, Spencer Weber Waller

Northwestern Journal of International Law & Business

This comment will explore the judicial development of standards applied in analyzing state trading under Article 37. The success of Article 37 in curtailing the harmful effects of state trading is in marked contrast with the attempts to regulate state trading found within the General Agreement on Tariffs and Trade (GATT).4 In part, this can be explained by the development of judicial rather than political standards for limiting the role of state monopolies within the EEC. The European Court of Justice (ECJ) has chosen to focus on the effects of state trading, banning the practice when used to disguise quotas, …

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Frustration Of Contract In International Trade Law And Comparative Law, Michael G. Rapsomanikis Jan 1980

Frustration Of Contract In International Trade Law And Comparative Law, Michael G. Rapsomanikis

Duquesne Law Review

No abstract provided.

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European Views Of United States Anti-Bribery And Anti-Boycott Legislation, E. Ernest Goldstein Jan 1979

European Views Of United States Anti-Bribery And Anti-Boycott Legislation, E. Ernest Goldstein

Northwestern Journal of International Law & Business

Today, the United States Congress has made an attempt to legislate against corrupt practices and to encourage other countries to do the same. During the past year, I have had the opportunity to meet with numerous European groups in conferences, seminars, conventions, and one-day study sessions to discuss the most recent American legislation dealing with immoral business practices: the Foreign Corrupt Practices Act and the anti-boycott legislation within the Export Administration Amendments of 1977. This perspective is not intended to reproduce the remarks made on such occasions to European businessmen and lawyers, nor is it a scientific survey of European …

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United States Foreign Trade Policy: A Delicate Balancing Act, Robert S. Strauss Jan 1979

United States Foreign Trade Policy: A Delicate Balancing Act, Robert S. Strauss

Northwestern Journal of International Law & Business

World trade today involves one-sixth of everything that is grown or manufactured on this planet. Translated into dollars, this amounted to a value last year of one trillion dollars. Of this amount, $150 billion belongs to American agriculture and industry. The enormous stake of the United States in maintaining and encouraging the growth of its exports has led the present Administration to chart an enlightened and courageous trade policy of promoting free and fair trade. Rather than take the politically expedient course of protectionism, this Administration has embarked on the course of lowering barriers to fair trade to ensure the …

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Antidumping Law In Japan, Gary Saxonhouse Jan 1979

Antidumping Law In Japan, Gary Saxonhouse

Michigan Journal of International Law

The Japanese antidumping law neither works nor is it practiced. Until very recently, it has been a case of managed economy, with extensive government-business interaction obviating the need to use antidumping laws. While some legislation has been on the books, there's never been an action filed under the available legal framework for antidumping actions.

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The Legal Status Of Foreign Investments In The East African Common Market, T. O. Elias Jan 1977

The Legal Status Of Foreign Investments In The East African Common Market, T. O. Elias

Vanderbilt Journal of Transnational Law

One noticeable development in the field of International Economic Law during the last decade since the United Nations ushered in the new era of an economic world order has been the growing literature on the law of investments, especially in respect to developing economies. International Economic Law itself is a recent specialist off-shoot of general public international law, having been nurtured and popularized as a subject of separate university discipline in its own right within the last 30 years or so by Schwarzenberger among others. Notable, generally, among the specialized studies on international investments law are Worthley's Expropriation in Public …

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Book Review. The People's Republic Of China And The Law Of Treaties By Hung-Dah Chiu, Bryant G. Garth Jan 1974

Book Review. The People's Republic Of China And The Law Of Treaties By Hung-Dah Chiu, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

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Conflicts Between Treaties And Subsequently Enacted Statutes In Belgium: Etat Belge V. S.A. "Fromagerie Franco-Suisse Le Ski", Michigan Law Review Nov 1973

Conflicts Between Treaties And Subsequently Enacted Statutes In Belgium: Etat Belge V. S.A. "Fromagerie Franco-Suisse Le Ski", Michigan Law Review

Michigan Law Review

In Etat Belge v. S.A. "Fromagerie Franco-Suisse Le Ski," the Supreme Court of Belgium was faced with a conflict between a provision of the European Economic Community (EEC) treaty and a domestic law enacted subsequent to Belgian ratification of the treaty. The traditional approach in Belgium--and, incidentally, the rule in the United States--had been to give effect to whichever was enacted later in time. Although not stated explicitly in any constitutional provision, this rule had been well settled in Belgium.

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Survey Of Czechoslovak Laws Affecting East-West Trade, Stephen J. Vasek Jr. Jan 1972

Survey Of Czechoslovak Laws Affecting East-West Trade, Stephen J. Vasek Jr.

Law Faculty Scholarly Articles

Between 1960 and 1967 all of the major codes of Czechoslovak laws were redrafted. The culminating work in the redrafting process was the New Economic Model (NEM) which became effective in January, 1967. Under the NEM, allocation of resources and trade decisions were to be made primarily on the basis of profitability. The key to the implementation of the profit motive was the new market price system, under which prices were eventually to be determined by supply and demand rather than set by administrative fiat. Bonuses were to be paid workers and managers based upon the profitability of their enterprise. …

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Review Of The Validity Of Sales Contracts: A Comparative Study, Whitmore Gray Jan 1968

Review Of The Validity Of Sales Contracts: A Comparative Study, Whitmore Gray

Reviews

These 2 volumes are a slightly revised version of the substantive reports prepared by the Max Planck Institute in Hamburg (Director: Professor Konrad Zweigert) for the Rome Institute for the Unification of Private Law. They were designed to serve as a basis for the elaboration and discussion of a new uniform law on this subject matter, which would supplement the 1964 Hague conventions on a Uniform Law on the International Sale of Goods and Uniform Law on the Formation of Contract for the International Sale of Goods.

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Review: The International Mandates. By Aaron M. Margalith, Quincy Wright Mar 1931

Review: The International Mandates. By Aaron M. Margalith, Quincy Wright

Michigan Law Review

A Review of THE INTERNATIONAL MANDATES. By Aaron M. Margalith

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Tratado De Reciprocidad Comercial Entre La República De Cuba Y Los Estados Unidos De América, Cuba, United States Jan 1903

Tratado De Reciprocidad Comercial Entre La República De Cuba Y Los Estados Unidos De América, Cuba, United States

Cuban Law

Firmado en la Habana el 11 de Diciembre de 1902. Aprobado por el Senado de Cuba en 28 de Marzo de 1903 y por el Congreso Americano el 16 de Diciembre del mismo ano. - En Espanol e Inglés - ( Se publicó en la "Gaceta Oficial" el 18 de Diciembre de 1903).

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