International Trade Law Commons^™

Some Aspects Of United States-Korean Trade Relations, Tae Hee Lee

Penn State International Law Review (1982 - 2011)

What follows is a general orientation for lawyers to the most pressing problems affecting United States-Korean trade relations. Most of these problems are not traditionally legal in the narrow sense. Instead, they result from major differences in Korean and American economic and political policies, as well as the even greater cultural and economic differences between the two countries.

I have titled what follows an overview - an aerial photograph of the terrain - showing the main features of the geography. These features, however, cannot be presented all at once as in a photograph, but must be presented ad seriatim in …

Transition From The Domestic International Sales Corporation To The Foreign Sales Corporation: Form Without Substance, Elizabeth A, Horsman

Penn State International Law Review (1982 - 2011)

This Note will first address the Domestic International Sales Corporation (DISC) mechanism for providing incentives to foreign export traders and the benefits enjoyed by DISC users. The discussion will then shift to an examination of criticisms levied against the DISC provisions by domestic and European sources. The next section will outline the Foreign Sales Corporation (FSC) legislation, and the following section will analyze its applicability to General Agreements on Tariffs and Trade (GATT) Council Rulings on the DISC. Finally, this Note will conclude that the FSC provisions will also draw GATT-EC attack as "illegal" trade practices by the United States.

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 …