International Trade Law Commons^™

Environment And Trade Measures After The Tuna/Dolphin Decision, Frederic L. Kirgis, Jr.

Washington and Lee Law Review

No abstract provided.

Can Buckley Clear Customs?, Harold H. Bruff

Washington and Lee Law Review

No abstract provided.

International Space Law: Into The Twenty-First Century, Glenn H. Reynolds

Vanderbilt Journal of Transnational Law

In this Article, Professor Reynolds addresses the space law issues likely to be of most importance in the next several decades. Pressing issues include those of orbital debris and geostationary orbit crowding, private property rights in outer space resources, conflict over international trade in space goods and services, the danger of ballistic-missile technology proliferation, private remote-sensing systems, and the law of international cooperation in space. Professor Reynolds concludes with a philosophical and practical discussion of some more remote issues, including the legal systems that may govern future human societies in outer space and the legal issues that might be associated …

Law As Discourse, George P. Fletcher

Cardozo Law Review

No abstract provided.

Corcoran V. Ardra: The Impact Of Insolvency On International Reinsurance Arbitration, 25 J. Marshall L. Rev. 527 (1992), John S. Diaconis

UIC Law Review

No abstract provided.

Overview Of Section 337 Of The Tariff Act Of 1930: A Primer For Practice Before The International Trade Commission, 25 J. Marshall L. Rev. 459 (1992), William L. Lafuze, Patricia F. Stanford

UIC Law Review

No abstract provided.

Environment And Trade As Partners In Sustainable Development: A Commentary, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

Trade is not an end in itself; rather, it is a means to an end. The end is environmentally sustainable economic development. So viewed, there are legitimate constraints on trading patterns and practices that are necessary to ensure that the "instrument of trade" leads to environmentally sustainable development. Measures needed to protect the environment cannot be forsworn simply because they may adversely affect free trading relationships.

The Extraterritorial Application Of Antitrust Laws: The United States And European Community Approaches, Roger P. Alford

Journal Articles

This Arti­cle compares the differing approaches of the United States and the European Community as they wrestle with the question of how to regulate foreign anticompetitive activity. More specifically, this Arti­cle highlights the distinctive features of the U.S. "effects doctrine" and the European Community's "implementation approach" and ana­lyzes the differences that exist between the two systems. Only the U.S. doctrine openly provides for the consideration of international comity concerns, but both approaches have been used liberally to assert jurisdiction over foreign defendants. Part II of this Article pro­vides a background to the subject by briefly outlining the traditional bases of …

Gatt Membership In A Changing World Order: Taiwan, China, And The Former Soviet Republics, Lori Fisler Damrosch

Faculty Scholarship

My introduction to questions of GATT membership came in 1979 when, as an attorney in the U.S. Department of State, I was immersed in a series of issues concerning trade relations with the People's Republic of China ("China" or "PRC") and Taiwan ("Republic of China" or "ROC"). I kept hearing about the "Chinese seat" in the GATT as if it were some piece of furniture waiting to be taken out of storage and put back in the dining room. The image of a chair is hardly an apt way of visualizing the extraordinarily complex network of legal relationships that exists …

A History Of Gatt Unfair Trade Remedy Law--Confusion Of Purposes, John J. Barceló Iii

Cornell Law Faculty Publications

This paper presents an analytical history of anti-dumping and anti-subsidy law in GATT and its member countries. In recent years this body of ‘unfair trade remedy’ law has flourished in the western trading system. Important trading countries have adopted new or expanded anti-dumping and anti-subsidy laws and imposed trade-blocking remedies under them more frequently than ever before. I try to explain in this essay how and why these laws--which I view as protectionist--have prospered and become so rooted in GATT and its member countries.

Preface: Symposium On Trade And Foreign Investment In Eastern Europe And The Soviet Union, David F. Matlin, James A. Yokely

Vanderbilt Journal of Transnational Law

The Vanderbilt Journal of Transnational Law held a Symposium on Trade and Foreign Investment in Eastern Europe and the Soviet Union on March 14 and 15, 1991. The Symposium consisted of a morning and an afternoon seminar held on March 15 at the Vanderbilt University School of Law and an inaugural dinner and address the previous evening. Our goal was to bring together and promote discussion among the leading authorities in this area from academia, private legal practice, business, "and government. The results of this Symposium have culminated in the publication of this special issue, which contains Articles, Essays, edited …

The Brooklyn Law School -- New York Stock Exchange, Inc. Breakfast Roundtables, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Computer Software: Should The U.N. Convention On Contracts For The International Sale Of Goods Apply? A Contextual Approach To The Question, 11 Computer L.J. 197 (1991), L. Scott Primak

UIC John Marshall Journal of Information Technology & Privacy Law

This Article is organized along the following lines. Part I is a general discussion of the Convention. It includes a factual background, a discussion of principle provisions of the Convention, a description of the temporal and geographical spheres of application of the Convention. Part one also suggests the use of available tools for uniform application; and brings the topic of dissemination of interpretation of the Convention up to date. Although article 7 of the Convention generally states an approach to interpretation, further elucidation is necessary to ensure uniformity of application. Accordingly, Part II discusses the various approaches to treaty interpretation …

The Impact Of Technology On The Trading Of Securities: The Emerging Global Market And The Implications For Regulation, 24 J. Marshall L. Rev. 299 (1991), Lewis D. Solomon, Louise Corso

UIC Law Review

No abstract provided.

The European Community-1992 And Beyond: The Implications Of A Single Europe On Intellectual Property, William J. Keating

Penn State International Law Review (1982 - 2011)

This Article will describe some of the inconsistencies between the EC law and the intellectual property laws of individual member states. It will also attempt to suggest solutions to resolve the conflicts.

The Export-Import Bank Of The United States' Battle Against Subsidized Export Credits, Dean C. Alexander

Penn State International Law Review (1982 - 2011)

The purpose of this article is multi-faceted. Part I provides an overview of the Export-Import Bank of the United States (Eximbank). Part II defines'and analyzes export credits. Part III describes how export credits encourage the promotion of exports. Part IV furnishes an overview of mixed credits. Part V focuses on the use of tied aid credits. Part VI explains which nations promote exports through the use of tied aid credits and mixed credits. Part VII discusses what type of exports are generally assisted by tied aid credits and mixed credits. Part VIII examines the various mechanisms which the Organisation for …

Chapter 13 Of The United States-Canada Free Trade Agreement: Has It Created An Open And Effective Government Procurement Dispute Resolution System?, Charles W. Levesque

Northwestern Journal of International Law & Business

Chapter 13 creates new and additional opportunities for businesses on both sides of the Canadian-United States border to bid on federal government contracts on opposite sides of the border. In order to implement the Free Trade Agreement and the provisions of Chapter 13, the Canadian federal government created a new administrative agency, the Procurement Review Board of Canada (the Board), to adjudicate government procurement disputes. The Board is the focus of this article. Because the Board is charged with adjudicating contract disputes arising under Chapter 13 of the FTA, its decisions provide an insight into whether Chapter 13 is creating …

More Lessons From Japan: End Industrywide Collective Bargaining?, Robert H. Lande, Richard O. Zerbe Jr.

All Faculty Scholarship

The number of books and articles discussing Japanese management techniques with an eye to transplanting them to the United States is staggering. Americans understandably are impressed by Japanese efficiency and like to think the adoption of some of their techniques will aid our own industries. Often these proposals seem fanciful and fail to recognize the many differences between the two countries, their economic systems and cultures.

Cites And The Regulation Of International Trade In Endangered Species Of Flora: A Critical Appraisal, William C. Burns

Penn State International Law Review (1982 - 2011)

This article focuses on the effectiveness of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in preserving endangered species of flora. The overarching thesis will be that the Convention has contributed to the protection of flora, but several measures are still necessary to strengthen implementation of the treaty at the beginning of the next crucial,.decade. The analysis of this thesis will examine the importance of flora species as a global resource and examine the historical record, of CITES to effectively preserve endangered flora species. Finally, .this article proffers several proposals intended to enhance the …

Current Administration Of U.S. Antidumping And Countervailing Duty Laws: Implications For Prospective U.S.-Mexico Free Trade Talks, Stephen J. Powell, Craig R. Giesse, Craig L. Jackson

Northwestern Journal of International Law & Business

U.S.-Mexico trade relations are changing at a rapid pace. In 1985, the United States and Mexico entered into a bilateral trade agreement that seeks to eliminate the subsidization of manufactured products. One year later, Mexico became a signatory to the General Agreement on Tariffs and Trade (the "GATT"), the multilateral accord that governs world trade in manufactured and agricultural products. In 1987, the two countries entered into a framework agreement that establishes a consultative mechanism designed to resolve bilateral trade disputes involving such issues as intellectual property protection, direct foreign investment, and trade in goods and services.

Red Raspberries: Effective Dispute Settlement In The Canada-United States Free Trade Agreement, Thomas M. Boddez, Alan M. Rugman

Northwestern Journal of International Law & Business

By negotiating the Free Trade Agreement (FTA) with the United States, the Canadian government sought to ensure its exporters more secure and predictable access to the huge United States market, where a majority of Canadian foreign trade is conducted. Canadian exporters were especially concerned with the increased imposition of antidumping (AD) and countervailing duties (CVD) by the United States. Trade laws in the United States are effected through the International Trade Commission (ITC) and the International Trade Administration of the Department of Commerce (ITA). These bodies are central to the bifurcated, quasi-judicial administrative system used in the United States to …

The Controls On The Transfrontier Movement Of Hazardous Waste From Developed To Developing Nations: The Goal Of A "Level Playing Field", Michelle M. Vilcheck

Northwestern Journal of International Law & Business

In the 1970s, the United States Congress began passing national environmental legislation. One reason for such legislation was to "level the playing field" among the fifty states so that economic advantage did not accrue to one state at the expense of environmental quality and public health.' The world now faces a similar need for environmental legislation on an international level. Environmental laws of individual nations have become more and more divergent as developed countries, such as the United States, enact tougher environmental laws, while less developed nations fail to enact any environmental regulations. The variant standards of these environmental laws …

Worker Rights In The Post-1992 European Communities: What "Social Europe" Means To United States-Based Multinational Employers, Donald C. Jr. Dowling

Northwestern Journal of International Law & Business

The United States media have extensively covered the trade angle of the European Communities [EC] program to create a "single market" by the end of 1992. The media coverage has spotlighted the benefits the EC market will offer multinational corporations, such as the market's "economies of scale" and its 320 million consumer block. By now this 1992 news has sunk in, and many United States corporations are assessing how they might exploit the soon-to-be unified EC market.

The European Economic Community: Challenge And Opportunity, 24 J. Marshall L. Rev. 145 (1990), Seymour Rothstein, David M. Rosenblatt

UIC Law Review

No abstract provided.

Strangers In A Strange Land: Foreign Compulsion And The Extraterritorial Application Of United States Employment Law, Michael A. Jr. Warner

Northwestern Journal of International Law & Business

The increasingly interdependent nature of the world economy has made commonplace the overseas employment of United States citizens by United States multinational corporations. When an American company employs a United States citizen in a foreign country questions arise as to what extent the United States may regulate employment activity taking place outside of United States territorial boundaries. Historically, principles of territoriality and nationality have constrained the ability of a sovereign state to prescribe conduct occurring outside of its boundaries. Under traditional principles of jurisdiction, employee relations fell predominantly under the control of the local authorities where the person or persons …

The World Trading System: Law And Policy Of International Economic Relations, Lori Fisler Damrosch

Faculty Scholarship

This book serves an important need by providing a clear overview of an increasingly complex subject. The author, a leading figure in international trade law, has distilled his accumulated wisdom into an accessible account of the major features of the world trading system. His intended audience includes not only lawyers, but political scientists, economists, government officials and others as well. While he acknowledges that his own "comparative advantage" is in the legal aspects of the field (p. 6), he places the legal concepts in their political and economic context to write a treatment that will be enlightening to readers from …

The International Trading System, Jagdish N. Bhagwati

Faculty Scholarship

The 25th Anniversary of the founding of UNCTAD is an occasion to remember, not for its failures, which it shares inevitably with every international organization that is set up to address complex economic issues that concern developing countries with diverse constraints and objectives, but for its successes, which have been unduly neglected.

Here, I shall recount only three of the many intellectual accomplishments focusing on the early lead that UNCTAD has provided on questions that have attracted academic attention and invited policy redress in national and international fora.

Conference Introduction, C. Ronald Ellington

Scholarly Works

I am pleased to welcome everyone, especially our distinguished speakers, to this most important conference. Our purpose is to discuss ways of maintaining the post-World War II multilateral trading system between the United States and its economic parters, the OECD and the developing world. The Uruguay Round multilateral trade negotiations have given the international community a forum to thoroughly examine the possibility of brining all international trade under a common multilateral trading system, unencumbered by barriers and national interests. The liberalization of trade in services and the protection of industrial and intellectual property rights are an essential part of the …

U.S. Agriculture And The Omnibus Trade Bill: A Step In The Right Direction?, Kenneth S. Barrow, Matthew V. Parker

BYU Law Review

No abstract provided.

The 1988 Omnibus Trade Bill: Issues And Perspectives, Paul Freedenberg

BYU Law Review

No abstract provided.