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Articles 2461 - 2490 of 2869

Full-Text Articles in International Trade Law

Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy Jan 1998

Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy

Publications

No abstract provided.


The Promise Of The United Nations Convention On The Law Of The Sea (Unclos): Justice In Trade And Environment Disputes, Lakshman Guruswamy Jan 1998

The Promise Of The United Nations Convention On The Law Of The Sea (Unclos): Justice In Trade And Environment Disputes, Lakshman Guruswamy

Publications

No abstract provided.


The Wto Legal System: Sources Of Law, David Palmeter, Petros C. Mavroidis Jan 1998

The Wto Legal System: Sources Of Law, David Palmeter, Petros C. Mavroidis

Faculty Scholarship

Modern discussions of the sources of international law usually begin with a reference to Article 38 (1) of the Statute of the International Court of Justice (ICJ), which provides:

The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

  1. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
  2. international custom as evidence of a general practice accepted as law;
  3. the general principles of law recognized by civilized nations;
  4. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly …


Iran And Libya Sanctions Act Of 1996: Congress Exceeds Its Jurisdiction To Prescribe Law, Richard G. Alexander Sep 1997

Iran And Libya Sanctions Act Of 1996: Congress Exceeds Its Jurisdiction To Prescribe Law, Richard G. Alexander

Washington and Lee Law Review

No abstract provided.


Dashing Consumer Hopes: Strict Products Liability And The Demise Of The Consumer Expectations Test, Rebecca Korzec Jul 1997

Dashing Consumer Hopes: Strict Products Liability And The Demise Of The Consumer Expectations Test, Rebecca Korzec

All Faculty Scholarship

The threshold issue in American products liability litigation is whether the product was defective at the time it left the manufacturer's control. Traditionally, courts and scholars define “defect” in three functional categories: manufacturing defects, design defects and marketing defects. American products liability doctrine employs two major tests to determine whether a "defect” exists: the seller-oriented risk-utility test and the buyer-oriented consumer expectations test. The Draft of the Restatement Third of Torts: Products Liability, like some American jurisdictions, rejects the “consumer expectations” test as an independent standard in defective warning and design cases. Ironically, this limitation of the use of the …


National Legal Restructuring In Accordance With International Norms: Gatt/Wto And China's Trade Reform, Thomas Man Apr 1997

National Legal Restructuring In Accordance With International Norms: Gatt/Wto And China's Trade Reform, Thomas Man

Indiana Journal of Global Legal Studies

No abstract provided.


Masthead, United States-Mexico Law Journal Mar 1997

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Front Matter, United States-Mexico Law Journal Mar 1997

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The Basis For Proposed Legislation To Modernize Secured Financing In Mexico, Boris Kozolchyk Mar 1997

The Basis For Proposed Legislation To Modernize Secured Financing In Mexico, Boris Kozolchyk

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Dispute Resolution And U.S.-Mexico Business Transactions, Hope H. Camp Jr. Mar 1997

Dispute Resolution And U.S.-Mexico Business Transactions, Hope H. Camp Jr.

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Nafta Chapter 19 Binational Panel Reviews In Mexico: A Marriage Of Two Distinct Legal Systems, Jimmie V. Reyna Mar 1997

Nafta Chapter 19 Binational Panel Reviews In Mexico: A Marriage Of Two Distinct Legal Systems, Jimmie V. Reyna

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Enforcement In A New Age: Judgments In The United States And Mexico, Matthew H. Adler Mar 1997

Enforcement In A New Age: Judgments In The United States And Mexico, Matthew H. Adler

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Some Post-Litigation Issues: Enforcement Of A Foreign Judgment Which Includes Compensatory, Moral And/Or Punitive Damages; Enforcement Of Injunctive Relief And Specific Performance: Enforcement Of Costs, Interest, And Attorneys' Fees, Determination Of The Proper Currency In An Enforcement Proceeding: Panel Discussion Part 2, Michael W. Gordon, Matthew H. Adler, Christopher P. Bauman, David Epstein, Cesar Garcia Mendez, Ted Occhialino Mar 1997

Some Post-Litigation Issues: Enforcement Of A Foreign Judgment Which Includes Compensatory, Moral And/Or Punitive Damages; Enforcement Of Injunctive Relief And Specific Performance: Enforcement Of Costs, Interest, And Attorneys' Fees, Determination Of The Proper Currency In An Enforcement Proceeding: Panel Discussion Part 2, Michael W. Gordon, Matthew H. Adler, Christopher P. Bauman, David Epstein, Cesar Garcia Mendez, Ted Occhialino

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Suspension Of Payments And Bankruptcy Law For Mexican Businesses, J. Labastida-Martinez Mar 1997

Suspension Of Payments And Bankruptcy Law For Mexican Businesses, J. Labastida-Martinez

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The Administration Of Chapter 19 Binational Proceedings Under Nafta, James Holbein Mar 1997

The Administration Of Chapter 19 Binational Proceedings Under Nafta, James Holbein

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Secured Financing Of Machinery And Equipment, Including Cross-Border Leasing And Conditional Sales Contracts, Thomas S. Heather, Martha Traudt Collins Mar 1997

Secured Financing Of Machinery And Equipment, Including Cross-Border Leasing And Conditional Sales Contracts, Thomas S. Heather, Martha Traudt Collins

United States - Mexico Law Journal (1993-2005)

No abstract provided.


General Goods: A Case Involving Security Interests In Inventory And Accounts In The United States, Canada, And Mexico, John E. Rogers, Carlos De La Garza-Santos Mar 1997

General Goods: A Case Involving Security Interests In Inventory And Accounts In The United States, Canada, And Mexico, John E. Rogers, Carlos De La Garza-Santos

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Enforcement Of Judgments And Arbitral Awards In Mexico, Jorge A. Vargas Mar 1997

Enforcement Of Judgments And Arbitral Awards In Mexico, Jorge A. Vargas

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Practice Before U.S.-Mexico Binational Panels Under Chapter Nineteen Of Nafta: A Panel Discussion, Jimmie V. Reyna, Eduardo David Garcia, David Amerine Mar 1997

Practice Before U.S.-Mexico Binational Panels Under Chapter Nineteen Of Nafta: A Panel Discussion, Jimmie V. Reyna, Eduardo David Garcia, David Amerine

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Introductory Remarks From The Aba Mexican Law Committee, Ernesto De Soto Mar 1997

Introductory Remarks From The Aba Mexican Law Committee, Ernesto De Soto

United States - Mexico Law Journal (1993-2005)

No abstract provided.


An Actual Case: Collateral Security In Automobiles Manufactured In The United States And Mexico And Held By A Dealer In Sonora, D. Michael Mandig, David Epstein Mar 1997

An Actual Case: Collateral Security In Automobiles Manufactured In The United States And Mexico And Held By A Dealer In Sonora, D. Michael Mandig, David Epstein

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Some Problems Involving Enforcement Of Contracts And Secured Financing: Panel Discussion Part One, Michael W. Gordon, Matthew H. Adler, Hope Camp, David Epstein, Cesar Garcia Mendez, Michael Owen Mar 1997

Some Problems Involving Enforcement Of Contracts And Secured Financing: Panel Discussion Part One, Michael W. Gordon, Matthew H. Adler, Hope Camp, David Epstein, Cesar Garcia Mendez, Michael Owen

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Beyond Marking: Country Of Origin Rules And The Decision In Cpc International, 31 J. Marshall L. Rev. 179 (1997), Donna L. Bade Jan 1997

Beyond Marking: Country Of Origin Rules And The Decision In Cpc International, 31 J. Marshall L. Rev. 179 (1997), Donna L. Bade

UIC Law Review

No abstract provided.


The New Commercial Code Of The Czech Republic, 30 J. Marshall L. Rev. 699 (1997), Josef Bejcek Jan 1997

The New Commercial Code Of The Czech Republic, 30 J. Marshall L. Rev. 699 (1997), Josef Bejcek

UIC Law Review

No abstract provided.


Trade Protection In The New Millennium: The Ascendancy Of Antidumping Measures, Christopher F. Corr Jan 1997

Trade Protection In The New Millennium: The Ascendancy Of Antidumping Measures, Christopher F. Corr

Northwestern Journal of International Law & Business

This article will first examine why the antidumping law will become the weapon of choice for import protection in the new millennium. It then will provide an overview of the antidumping regulatory regime, and the controversy it has engendered. Finally this article will discuss the compli- ance measures that global exporters should consider in order to avoid anti- dumping liability in the future.


Trade Policy And Election-Year Politics: The Truth About Title Iii Of The Helms-Burton Act, Leslie R. Goldberg Jan 1997

Trade Policy And Election-Year Politics: The Truth About Title Iii Of The Helms-Burton Act, Leslie R. Goldberg

Northwestern Journal of International Law & Business

Part I of this comment chronicles the historical events leading to the promulgation of the Helms-Burton Act. Part II provides an overview of Ti- tle I of the Helms-Burton Act. Part I then analyzes Title III and de- scribes why Title III will not protect the property rights of U.S. citizens or deter enough foreign business investment in Cuba to expedite the collapse of Castro's regime. Next, Part IV details the it-for-tat legal retaliation that has stemmed from Title I's enactment, and Part V discusses the legality of Title mI's private right of action. Finally, Part VI recommends that Title …


Developing A "Transnational" Law For International Sales: The Vienna Convention's Treatment Of Trade Usages, Ainhoa Veiga-Torregrosa Jan 1997

Developing A "Transnational" Law For International Sales: The Vienna Convention's Treatment Of Trade Usages, Ainhoa Veiga-Torregrosa

LLM Theses and Essays

The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG or Vienna Convention), conceived for worldwide acceptance, sets forth a uniform set of rules aimed at regulating some of the issues that, in an international sales contract, are likely to arise between the parties to such international transaction. The extent to which the substantive solutions that the Vienna Convention provides with the aim of filling in gaps within international sales contracts, are to achieve the standing of a predictable, global, and uniform legal background for these contracts, is the question to be treated in this paper …


The Dispute Settlement Systems Of Wto And Nafta - Analysis And Comparison, Patrick Specht Jan 1997

The Dispute Settlement Systems Of Wto And Nafta - Analysis And Comparison, Patrick Specht

LLM Theses and Essays

The aim of this thesis is to determine whether the dispute settlement institutions of the WTO and the NAFTA meet the standard, to compare the two systems, and to evaluate them. An issue that should be dealt with first is the question of comparability. Is it possible to compare the WTO and the NAFTA regarding their conflict resolution procedures? Or are they too different because one agreement works on the global level and the other on a regional one? Their institutions and their scope may differ, but they are still conducive to comparison because the underlying structure of these two …


Enforcement Of International Arbitral Awards, Davd Levon Shahzadeyan Jan 1997

Enforcement Of International Arbitral Awards, Davd Levon Shahzadeyan

LLM Theses and Essays

The primary objective of this thesis is to show the proposals that have been made in order to amend the New York Convention. This study tries to analyze the problems that the proposed modifications seek to eliminate. In general these proposals were aimed at amending the Convention in order to widen the scope of application of the Convention and to eliminate the difficulties with the enforcement of arbitral awards in national courts Chapter two of this study gives a historical overview of the multilateral enforcement conventions prior to the New York Convention and a brief drafting history of the New …


Investment Disputes And Jurisdiction Of The International Center For Settlement Of Investment Disputes (Icsid), Vakhid Yakubjanovitch Saparov Jan 1997

Investment Disputes And Jurisdiction Of The International Center For Settlement Of Investment Disputes (Icsid), Vakhid Yakubjanovitch Saparov

LLM Theses and Essays

This thesis will analyze one of the ways in which disputes arising from developed countries' investment activities in the developing countries are decided. The issues of investment and disputes are of great importance to the developed countries as well as to developing countries. The scope of the issues gives rise to a multitude of questions of national and international law in an interdependent world economy. International investment attracts the close attention of international law because it brings the movement of people and financial resources from one country to another and such movement gives rise to a potential risk for conflict …