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Articles 31 - 60 of 65
Full-Text Articles in International Trade Law
1 Vol, 1 Issue, Masthead - In The Balance, Global Business Law Review
1 Vol, 1 Issue, Masthead - In The Balance, Global Business Law Review
In the Balance
No abstract provided.
For The Opening Act: A Greek Tragedy, Erik M. Dickinson
For The Opening Act: A Greek Tragedy, Erik M. Dickinson
In the Balance
No abstract provided.
Has Justice Finally Arrived For The Drc?, Lindsay L. Raskin
Has Justice Finally Arrived For The Drc?, Lindsay L. Raskin
In the Balance
No abstract provided.
Would A Big Bad Bank Blow The Real Estate Problems Of Spain Down?, Christopher J. Stewart
Would A Big Bad Bank Blow The Real Estate Problems Of Spain Down?, Christopher J. Stewart
In the Balance
No abstract provided.
South Korean Free Trade Agreements: U.S. And E.U, Robert Molnar
South Korean Free Trade Agreements: U.S. And E.U, Robert Molnar
In the Balance
No abstract provided.
Introductory Remarks: An Overview Of Investment Arbitration , Joshua Fellenbaum
Introductory Remarks: An Overview Of Investment Arbitration , Joshua Fellenbaum
Global Business Law Review
The topic I was asked to speak about today is investment arbitration. For those practitioners and scholars on the panel and in the audience who have experience in investment arbitration, you know that it contains a number of complex issues and nuances, so it is quite a tall task ahead of me. What I hope to do in the next twenty to twenty-five minutes is to provide you with a broad overview of investment arbitration. We will examine the structure of investment arbitration along with the substantive and procedural issues that tend to arise in investment disputes.
Turnabout Is Fair Play: The U.S. Response To Mexico’S Request For Bank Account Information, Kevin Presian
Turnabout Is Fair Play: The U.S. Response To Mexico’S Request For Bank Account Information, Kevin Presian
Global Business Law Review
This Note argues that the United States needs to come to a compromise with Mexico over Mexico’s request for information concerning interest paid by U.S. banks to residents of Mexico. The United States could ignore Mexico’s request, but that may create animosity between the two nations. Alternatively, the United States could fully comply with Mexico’s request; however, that may lead to strong opposition from the banking sector. It is in the best interest of the United States to model its compromise on the recent compromise between the United States and Switzerland. While there are issues with this compromise that would …
Overview Of International Arbitration In The Intellectual Property Context, Kenneth R. Adamo
Overview Of International Arbitration In The Intellectual Property Context, Kenneth R. Adamo
Global Business Law Review
Resolving intellectual property rights (“IPR”) issues through alternative dispute resolution (“ADR”) proceedings was a technique long-developing in many major countries. Despite the earlier presence of the Arbitration Act in United States law, the subject of use of arbitration in IPR situations, especially regarding U.S. patents, remained an open and contested issue, until the original addition of 35 U.S.C. § 294 to the U.S. Patent Act in 1982. U.S. law is now resolved in the availability of IPR arbitration as an ADR tool, either through a “pre-problem” contract, such as a license, or as a “post-problem” mechanism elected and/or established by …
Is International Arbitration Becoming Too American?, George M. Von Mehrem, Alana C. Jochum
Is International Arbitration Becoming Too American?, George M. Von Mehrem, Alana C. Jochum
Global Business Law Review
This article will discuss the emerging trend of Americanization of international arbitration. As American companies and law firms become more involved in international arbitration, the process has developed to include some of the procedural techniques common to the American courtroom. But other aspects of American litigation are not part of the process. Has this made international arbitration a more effective means of resolving disputes? What should American companies and their lawyers know about the process in order to participate successfully?
Freedom And Governance In U.S. Arbitration Law, Thomas E. Carbonneau
Freedom And Governance In U.S. Arbitration Law, Thomas E. Carbonneau
Global Business Law Review
Professor Carbonneau will discuss the possible impact of recent United States Supreme Court decisions on international arbitration. The opinions he will refer to could indicate a reversal of the Court’s position on arbitration that would undermine arbitration’s prominence as a means of resolving international commercial disputes. He will then discuss the negative effects international commerce could experience as a consequence.
Transnational Securities Fraud And The Extraterritorial Application Of U.S. Securities Laws: Challenges And Opportunities, Genevieve Beyea
Transnational Securities Fraud And The Extraterritorial Application Of U.S. Securities Laws: Challenges And Opportunities, Genevieve Beyea
Global Business Law Review
With globalization, securities markets have become increasingly interconnected, and securities fraud has frequently crossed borders, creating problems for national regulators seeking to deter and punish fraud. The United States’ well-developed private enforcement mechanism for securities fraud is very attractive to investors around the world who are harmed by transnational securities fraud, particularly those from countries where private enforcement mechanisms do not exist or fraud is under-regulated. The application of U.S. securities law to foreign investors, however, presents a number of challenges, creating the potential for both under and overregulation as well as possible conflict with the regulatory systems of other …
Jurisdiction Issues In International Arbitration, Mitchell L. Lathrop
Jurisdiction Issues In International Arbitration, Mitchell L. Lathrop
Global Business Law Review
Arbitration, and particularly international arbitration, involves jurisdictional issues beyond those normally encountered in traditional judicial proceedings. This article will describe prominent jurisdictional issues in international arbitration based on recent pronouncements of judicial and arbitral authorities. From effecting notice of the arbitration proceedings to the improper composition of the arbitral authority, this article will discuss jurisdictional issues that can arise at any time during an arbitration proceeding, and how they can affect the enforcement of an award.
Internet Contracting And E-Commerce Disputes: International And U. S. Personal Jurisdiction , Anne Mccafferty
Internet Contracting And E-Commerce Disputes: International And U. S. Personal Jurisdiction , Anne Mccafferty
Global Business Law Review
In cases involving international defendants, a variety of bases have been deemed appropriate for a U.S. court to assert personal jurisdiction, including nationality, domicile, “purposeful availment,” and a number of federal statutes. With the explosion of the Internet and the resulting expansion of international business transactions via the Web, courts have struggled to adapt traditional modes of adjudication consistent with established common, statutory and international law. Internet transactions—now known as e-commerce—involve the “practice of buying and selling goods and services through online consumer services on the Internet.” In a sphere of commerce apparently limitless in its reach, this article explores …
Piercing The Corporate Veil In International Arbitration, Yaraslau Kryvoi Ph.D.
Piercing The Corporate Veil In International Arbitration, Yaraslau Kryvoi Ph.D.
Global Business Law Review
This article examines the application of the piercing the corporate veil concept in international arbitration. Interpretation of this concept is inconsistent even within one domestic legal system, and it is even less predictable in international arbitration when several legal systems come into play. Piercing the corporate veil may help to give a concrete practical meaning to the purpose of an arbitration agreement or a bilateral investment treaty. However, there are downsides of such piercing because it negates many of the benefits which the corporate form offers. Domestic courts are likely not to recognize and enforce an arbitration award piercing the …
How Developing Countries Can Adapt Current Bilateral Investment Treaties To Provide Benefits To Their Domestic Economies, Joshua Boone
How Developing Countries Can Adapt Current Bilateral Investment Treaties To Provide Benefits To Their Domestic Economies, Joshua Boone
Global Business Law Review
Bilateral investment treaties (hereinafter "BIT") have been created with the goal of promoting economic prosperity through the facilitation of international investment flows. The idea was to facilitate these investment flows by the opening up of secure channels for foreign direct investment (hereinafter "FDI"), stabilizing the investment climate, granting protective investment guarantees, and providing neutral dispute mechanisms for "injured" investors. Since their inception in 1959, BITs have experienced a "massive and sudden proliferation . . . which has been . . . a 'remarkable' event in international law[,]" and as of the end of 2008, there were over 2,600 BITs in …
The Response To The Financial Meltdown In The U.K., Bruce J.L. Lowe
The Response To The Financial Meltdown In The U.K., Bruce J.L. Lowe
Global Business Law Review
It is now over two years since the September 15, 2008 bankruptcy filing by Lehman Brothers sent shockwaves through an already tremulous and jittery financial and political world. In the dark days of the ensuing months, in the United States (U.S.), in Britain and Europe, and in many other parts of the world, markets crashed or severely slumped, commercial and investment banks failed, credit froze, trade and commerce slowed dramatically, profits evaporated, businesses tightened belts, and unemployment figures skyrocketed. In most major economic zones, including the U.S. and Europe, governments and central banks, often in consultation with each other over …
China’S Response To The Global Financial Crisis: Implications For U.S. – China Economic Relations , Daniel C.K. Chow
China’S Response To The Global Financial Crisis: Implications For U.S. – China Economic Relations , Daniel C.K. Chow
Global Business Law Review
The consequences of the global financial crisis for United States-China economic relations are still unfolding, and it is still unclear whether trade tensions will escalate into trade sanctions. What seems clear, however, is that there is a rising tide of protectionism in both countries based upon what hardliners on each side perceive to be unfair practices and policies implemented by the other. Historically, mutual policies of protectionism between trading partners leads to trade sanctions, which would be an unfortunate result for United States-China economic relations. It remains to be seen whether hardliners in both countries will push the two trading …
The Effect Of The Financial Crisis On The Middle East, Isam Salah
The Effect Of The Financial Crisis On The Middle East, Isam Salah
Global Business Law Review
The impact of the world economic crisis on the Middle East, and in particular on the countries of the GCC, was similar to the impact elsewhere in the West − collapse of the real estate sector, credit constraints, and economic contraction. The reaction of governments of the GCC was similar to the reaction of governments in the West − support of financial institutions and provisions of liquidity to the financial markets. Islamic finance has established itself as an important component of the commercial and financial sectors in these countries, so it is interesting to examine whether this segment of the …
Foreword, Mark J. Sundahl
Recurring Storms: Weathering The Future By Understanding The Past , Robert L. Brown Ph.D.
Recurring Storms: Weathering The Future By Understanding The Past , Robert L. Brown Ph.D.
Global Business Law Review
In this article, I describe the major financial crises that evolved into economic crises during the past four hundred years in Europe, the United States, and Asia, before turning to the 2007-10 global financial and economic crisis. My focus will be Tulipmania of 1637, Mississippi Scheme of 1720, South Sea Bubble of 1720, Great Crash of 1929, Crash of 1987, Asian Financial Crisis of 1997, Dot-com Bubble of 2000, and Financial Crisis of 2007-10. I identify commonalities as well as distinguishing characteristics among the events. In the discussion and description that follows, I note that the tendency is for more …
Piigs, Itraxx Soyx, Neoliberalism, And Unshackled Finance Capital, Tayyab Mahmud Ph.D.
Piigs, Itraxx Soyx, Neoliberalism, And Unshackled Finance Capital, Tayyab Mahmud Ph.D.
Global Business Law Review
Banking and finance play a critical role in the economy by channeling savings towards productive investments. By the early twentieth century the lessons were learned that, left to its own devices, finance capital tends towards unbridled speculation and ends up playing havoc with the economy. The collective response was a Keynesian compromise whereby finance capital was regulated both nationally and internationally to put a check on speculation and to channel it to support the productive economy. The result was an extended period of economic growth and stability. Over the last thirty years, the neoliberal counter revolution reversed these regimes and …
The Cape Town Approach: A New Method Of Making International Law, Mark J. Sundahl
The Cape Town Approach: A New Method Of Making International Law, Mark J. Sundahl
Law Faculty Articles and Essays
The use of multilateral treaties in the field of international commercial law has been in a state of steady decline. Traditional treaty law has been gradually replaced in recent years by softer methods of making international law, such as the use of restatements and model laws. Some scholars even claim that treaty law is dead or dying. This Article explains how the Cape Town Convention on International Interests in Mobile Equipment (which entered into force on March 1, 2006) provides an innovative approach to the creation of treaties that promises to revive the status of treaties in international law. The …
Some Realism About Indigenism, Michael Henry Davis
Some Realism About Indigenism, Michael Henry Davis
Law Faculty Articles and Essays
The debate about creating so-called intellectual property (“IP”)--legal monopolies--over indigenous information (a product mostly of Third World countries) is habitually (almost stereotypically) characterized by qualifications that such monopolies really don't fit, and further qualifications that although they don't fit they are the best alternative. But underlying both sets of qualifications is often a confusion about what the real problem is. Because of a frequent failure to analyze closely the problem (and sometimes because of misinformation mixed with an unhealthy dose of romanticism), critics far too often jump to the legal monopoly solution to problems that ironically may be in large …
Effective Strategies For Protecting Human Rights: A Conference Engaging The International Community, David R. Barnhizer
Effective Strategies For Protecting Human Rights: A Conference Engaging The International Community, David R. Barnhizer
Law Faculty Articles and Essays
Human rights protection needs teeth. And those who work in the disparate field of human rights need to see the system more comprehensively and strategically. Far too often, political issues interfere with enforcement of human rights laws and allow violators to hide behind the unwillingness of national governments to take action to enforce existing laws against human rights violators. Lack of commitment to human rights enforcement or timely preventative or intervention actions have led to violators being left unpunished for torture, rape and genocide. This failure of governments means that there is a lack of deterent power sufficient to inhibit …
Legitimacy, Globally: The Incoherence Of Free Trade Practice, Global Economics And Their Governing Principles Of Political Economy, Michael Henry Davis, Dana Neacsu
Legitimacy, Globally: The Incoherence Of Free Trade Practice, Global Economics And Their Governing Principles Of Political Economy, Michael Henry Davis, Dana Neacsu
Law Faculty Articles and Essays
In this article, we observe the legalized character of the phenomenon popularly called “globalization.” We first examine what it means to be a legalized phenomenon and observe that an important part of legalization is legitimation. In domestic legal regimes, legitimation is accomplished through the Rule of Law, which makes certain claims about the nature of the society of which the legal regime is a part. Simply stated, the Rule of Law claims that a legal system is legitimate if its rules are definite and predictable and are applied in a general, impartial, and non-retroactive manner. In the international trading system …
Working It Out: A Japanese Alternative To Fighting It Out, David J. Przeracki
Working It Out: A Japanese Alternative To Fighting It Out, David J. Przeracki
Cleveland State Law Review
Since the end of World War II, Japan has soared to the summit of importance in the world economy. In recent years, the balance of trade between the United States and Japan has been tipped strongly in favor of the Japanese. Since America's hegemony in international contracting is waning, especially with the Japanese, new approaches must be considered. The purpose of this Note, therefore, is to provide the reader with an understanding of the difference between Japanese and American legal consciousness. Because the Japanese approach yields an exceptionally low rate of litigation, a secondary goal of this Note is to …
Foreign Corrupt Practices Act Amendments: The Omnibus Trade And Competitiveness Acts Focus On Improving Investment Opportunities, Beverley H. Earle
Foreign Corrupt Practices Act Amendments: The Omnibus Trade And Competitiveness Acts Focus On Improving Investment Opportunities, Beverley H. Earle
Cleveland State Law Review
President Reagan signed into law the Omnibus Trade and Competitiveness Act of 1988 (OTCA) on August 23, 1988. Included within this law were provisions addressing authority for trade agreements, section 301 remedies, section 201 escape clause, antidumping, and countervailing duties as well as amendments to the Foreign Corrupt Practices Act (FCPA). Additionally, export control provisions were included in this law as part of the Export Enhancement Act of 1988. This comprehensive law was the culmination of a lengthy process over several years which included hearings; debates; negotiation among House and Senate leaders and the President; and one Presidential veto. The …
The Final Act Of The Helsinki Conference: An Artists' Liberation Movement Or A Voyage To Laputa, James A. R. Nafziger
The Final Act Of The Helsinki Conference: An Artists' Liberation Movement Or A Voyage To Laputa, James A. R. Nafziger
Cleveland State Law Review
The Final Act of the Conference on Security and Co-Operation in Europe, often referred to as the "Helsinki Accords," has important implications for art and artists. The Final Act applies to three broad categories of art law issues: cultural cooperation and exchange of cultural material; the rights of individual artists; and other international cooperation. This study will examine each of these categories in the context of a current or recent problem, consider pertinent provisions of the Final Act, and conclude with a brief recommendation and forecast.
Consular Officer's Amenability As Witness, Stephen J. Werber
Consular Officer's Amenability As Witness, Stephen J. Werber
Law Faculty Articles and Essays
The purpose of this paper is to examine various treaty provisions in an effort to ascertain the manner in which a consular officer's obligation to testify is set forth, the immunities given such an officer and some of the problems raised by both the obligation and the immunities.
Liability Of Carrier For Loss Or Damage To International Shipments, Thomas R. Skulina
Liability Of Carrier For Loss Or Damage To International Shipments, Thomas R. Skulina
Cleveland State Law Review
Though shipments by truck or rail are usually interstate or intrastate, many such shipments traverse the Mexican and Canadian borders or involve delivery from or to an ocean vessel for international transshipment. The federal laws which set out the liability of a carrier for interstate shipments are known as the Carmack Amendment and the Cummins Acts. This article will deal with the regulation of the so-called "International Shipment." A myriad of problems arises in the determination of what law is applicable to a shipment that either originated in or is destined for a foreign nation. Though the Federal statute itself …