International Trade Law Commons^™

Negotiation Of International Agreements: Legal And Practical Problems In The Third World Countries, Kuwayaway Stephen Kuwayaway

LLM Theses and Essays

The purpose of this study was to investigate problems in negotiation of international agreements in Third World countries, to shed light on the salient features in negotiation agreements between developed and developing countries, and to propose measures to assess the situation. This study provides detailed description and techniques used in negotiating these agreements in international negotiations. The study reveals that when negotiating within unequal bargaining power, the weak party stands to lose because it enters the agreement without free will; consequently, the agreement becomes unenforceable. Three factors have been identified as being obstacles to freedom of contract, ie. The unequal …

International Joint Venture Franchising: A Key Investment Strategy For Eastern Europe, Obie L. Moore

LLM Theses and Essays

This paper analyzes international franchising as it relates to economic and cultural changes that are occurring in Eastern Europe. After consideration of the general legal implications and responsibilities of franchise relationships, certain unique qualities of franchising that lend themselves to the development of a free market economy in Eastern Europe are discussed. Particular attention is given to franchising as a vehicle to foster entrepreneurialism and privatized state-owned enterprises, and the major differences between a joint venture franchise and other forms of international franchising. The advantages and disadvantages to both parties of an international joint venture franchise in Eastern Europe are …

Acquisition Strategies For Taiwanese Acquirers, Chao-Yu Hsu

LLM Theses and Essays

Corporate acquisitions have been a prevailing technique for takeovers in the U.S. and internationally for many years. However, corporate acquisitions are just in their initial stages in Taiwan. Acquisitions between Taiwanese companies have not occurred frequently and going abroad to acquire a company in a foreign country is an infrequent measure. Following the international trend to acquire U.S. corporations, Taiwanese companies are attempting to follow suit. The major purpose of this thesis is to introduce the techniques used in the acquisition of a U.S. corporation and the factors that should be considered before doing so with a focus on Taiwanese …

Promotion Of U.S. Foreign Investment In Selected Eastern European Countries In The 1990’S. Comparative Analysis Of Foreign Investment Laws In Poland, The Soviet Union, Yugoslavia, And Hungary And Possible Impact Of The U.S. Law On Their Operation, Dorota Szewc

LLM Theses and Essays

Perestroika describes the historical revolution of political and economic reforms which were aimed at accelerating economic growth, democratization, and openness. As the failings of the socialist economic model became more apparent, Eastern European nations were motivated to enact laws allowing foreign investment. A comparative analysis of these foreign investment laws in Poland, the Soviet Union, Hungary, and Yugoslavia is made. Even with the reforms in Eastern Europe, U.S. law may affect the actions of American investors in Eastern Europe. Specifically, U.S. export control laws effect the trade between the U.S. and countries still deemed to be communist, and U.S. antitrust …

Foreign Policy And Export Controls: How Will The Canada-United States Free Trade Agreement Accommodate The Extraterritorial Application Of The United States Laws To Canadian Exports Of Goods And Technology?, Dorinda G. Dallmeyer

Scholarly Works

This paper begins with a comparison of the Canadian and U.S. export control structures. It examines resulting conflicts between the two. It then describes the provisions of the Free Trade Agreement which address the harmonization of export controls. While the Agreement is far-reaching, it is important to note that the FTA is not a Customs Union. That is, the two countries are not going to develop a common external trade policy but will continue to maintain independent trade relations with respect to third countries. In light of that fact, the paper analyzes the prospects for continuing conflict between the United …

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 …

Specific Barriers To Central American Development, Evelyn Urtecho Ruiz

LLM Theses and Essays

This LL.M. thesis examines the specific barriers to economic development in Central America during the 1980s, a period marked by political instability, social revolution, and economic crisis. The work analyzes the structural weaknesses of Central American economies — including their dependence on a narrow base of agricultural exports (coffee, cotton, bananas, beef, and sugar), deteriorating terms of trade, and chronic balance-of-payments deficits — and traces the historical patterns of land tenure and concentration that have perpetuated inequality across the region. The thesis also examines the social and economic transformation of Nicaragua following the fall of Somoza in 1979, as well …

Free Movement Of Goods Within The Economic Community Of West African States (Ecowas): Comparisons With European Economic Community (Eec), Theophilus Fuseini-Bart

LLM Theses and Essays

The Treaty establishing the Economic Community of West African States (ECOWAS)is substantially the same as the European Economic Community Treaty although it is not a carbon copy. To understand the subject matter of free movement of goods within the ECOWAS vis a vis the European Communities it will be necessary to discuss the genesis of the two Communities. Also important to discuss are the membership, institutions, and aims and objectives of both ECOWAS and the European Communities (EC). This will not only give a glimpse of the two Communities, especially ECOWAS which is more or less an obscure one, but …

American Export Controls And Extraterritoriality, Isabelle Clement

LLM Theses and Essays

This thesis examines the American extraterritorial approach to controlling the movement of strategic goods abroad on the basis of some connections with the United States. It considers the possible use of existing blocking legislation or principles in other countries to counteract the American use of the extraterritorial approach. Certain conclusions are then drawn about likely future developments.

Remedies For Breach Of Contract Under The Uniform Commercial Code, The General Conditions Of Delivery Of Goods Of The Council For Mutual Economic Assistance And The United Nations Convention On Contracts For The International Sale Of Goods, Hasan T. Choudhury

LLM Theses and Essays

This thesis attempts to examine and compare an important component of any law of contract for the sale of goods, namely, the remedies available to an aggrieved party following a breach of contract. The first part of the thesis deals with the historical background of the uniform laws, their scope and specific characteristics. The following chapters examine the status, role and significance of the two major remedies - the damages and specific performance, in the major legal systems and the uniform laws. In addition, it compares the remaining remedial provisions and concludes that, although the major legal systems of the …

Trade Regulations In International Transfer Of Technology Agreements: A Comparative View Of National And International Legal Provisions, Franz-Martin Wolff

LLM Theses and Essays

This LL.M. thesis provides a comprehensive comparative analysis of national and international legal frameworks governing the regulation of international transfer of technology agreements, set against the backdrop of the stalled UNCTAD negotiations on a Draft International Code of Conduct on the Transfer of Technology. The work examines the role of national patent systems under the Paris Convention, analyzes proposed modifications — including preferential treatment for Developing Countries — and evaluates the adverse effects of monopolistic rights granted under patent laws. Key topics include antitrust regulation in the United States (Sherman Act per se violations and rule of reason), the European …

The Law Governing Arbitration Agreements In International Trade, Daniele Lingua

LLM Theses and Essays

This paper on the law applicable to arbitration agreements will start with an examination of the provisions adopted in international conventions on arbitration. The reason for this approach lies in the fact that, when national statutes contain choic of law rules specifically applicable to arbitration agreements, such rules tend to conform to those adopted by the conventions. However, problems of incompatibility between national choice of law provisions and the interpretation of international conventions may arise in the case of those countries which extend their general choice of law rules regarding contracts to rules concerning international arbitration agreements. Finally, this paper …

The Foreign Direct Investment Controls, Ruey-Fen Sung

LLM Theses and Essays

Foreign direct investment is the primary engine of economic development. The factors influencing a country's governmental policy of foreign direct investment at an international level constitute a wide and complex subject. This subject in my country,Taiwan, Republic of China, has been receiving increasing attention, for we now face the problems of balance of payments deficits, how to strengthen the N.T. dollar and improve the functions of foreign direct investment etc. In early 1970, the United States had problems similar to those which my country faces now; therefore, I will examine the "Foreign Direct Investment Regulations" (FDIR) of U.S. enacted in …

Fraud And Injunctive Relief In International Standby Letter Of Credit Transactions: A Comparative Study, Dirk H. Mahler

LLM Theses and Essays

This study attempts to compare the various concepts which have been developed under U.S. and German law, focusing in particular the interpretation of fraud and the prerequisites for injunctive relief. Comparative analysis of case law, statutory provisions and corresponding commentaries will illustrate that although evolved out of different legal backgrounds the results show only minor deviations, a phenomenon which might support the hypothesis that instruments developed by practitioners to serve international commercial needs tend to give birth to uniform internationalized legal treatment.

The Extraterritorial Application Of The Export Administration Act Of 1979, Peter T. Knopf

LLM Theses and Essays

This thesis deals with the major legal issues of the gas pipeline embargo. It is not an abstract treatise on extraterritoriality under international law, but a legal expertise on the legality of the unique measures imposed in 1982. It also tries to point out the legal trends as indicated by the recent publications. The first part of the thesis examines to what extent some European firms were affected by the American embargo. The second part examines whether the President had the authority under the Export Administration Act of 1979 to impose the far-reaching extraterritorial restrictions. It concludes that the President …

The Transfer Of Technology To Latin America, Gabriel M. Wilner

Scholarly Works

The transfer of technology to Latin America has taken place through both the licensing process and direct investments by foreign enterprises that are often transnational corporations. National law has concerned itself first with the creation of rights in technological knowledge and the protection of these rights by law. The regulation of these rights as set out in contractual relationships and the regulation of direct investment, particularly the technological component thereof, were dealt with thereafter. Other matters such as the repatriation of profits (exchange control), customs controls, and various taxes have also become a part of the national regulatory scene today. …

The Revised Hague Rules On Bills Of Lading, Gabriel M. Wilner

Scholarly Works

In what amounts to a proposed new Convention to replace the "Hague Rules," the United Nations Commission on International Law (UNCITRAL) has included an Article (22) authorizing parties to a contract for the carriage of goods to provide for arbitration of disputes arising therefrom. States which become parties to the Convention would be required to give effect to such a contract. The proposed Convention gives the plaintiff much the same options with respect to either the judicial or the arbitral forum. These options as to locale tend to favor the defending party -- usually the carrier. On the other hand, …

Choice Of Forum And Public Policy: Some Indications Of The Development In United States Law Of A Distinct "International" Public Policy, Gabriel M. Wilner

Scholarly Works

In this decade, the United States Supreme Court decided two cases which revolved around the enforceability of choice of forum clauses contained in transnational commercial contracts. The decisions which the Court rendered reshaped significantly the legal contours of the enforceability of such clauses. In the two cases, the Court signaled that it was prepared to recognize the distinction between what may be termed "internal" public policy and what may be termed "international" public policy. The recognition of this distinction is likely to have a vital bearing on the right of persons to provide for a specific foreign judicial or arbitral …

Is Georgia On Their Minds?--Some Legal Aspects Of Investment And Trade By Foreign Business Enterprises, Gabriel M. Wilner, Terry K. Smith

Scholarly Works

This article will focus on the legal environment within the State in regard to foreign investment and trade. In making this survey it is also necessary to note briefly the full context in which foreign investment and trade is accomplished. The State cannot act or fail to act in areas dictated by the economic, political, and social philosophies held by its citizens. Likewise, the State cannot act in areas in which the Federal Government has acted pursuant to the United State Constitution. Among the areas in which the State is prohibited or preempted from acting are foreign affairs, especially in …

International Trade Institutions And Techniques For Reform, Gabriel M. Wilner

Scholarly Works

The tensions which exist between the need of producers of primary products to obtain a reasonable price and the need of the industrial consumers to be assured of sufficient amounts of primary products must be brought under control through institutions and legal rules that will reshape confrontation into negotiation and then, perhaps, even into cooperation. Only international planning within the framework of generally acceptable rules and institutions will bring about the type of stability that will largely depoliticize international economic relations.

The East-West Trade Conference, Law Day 1973, Joseph Sneed, Dean Rusk, Peter Flanigan, Evgeniy Bugrov, Chesterfield H. Smith

Law Day Lectures

Lecture entitled "The Law Enforcement Process and the Citizen" delivered by Joseph T. Sneed, U.S. Deputy Attorney General. Distinguished Service Scroll awarded to Oscar M. Smith, and Hamilton Lokey.

Address by Chesterfield Smith, President-Elect, American Bar Association, "East-West Trade as a Harbinger of World Peace" delivered on April 27.

Relationships Between Foreign Policy, National Security And The Regulation Of Foreign Commerce, Fredrick W. Huszagh

Scholarly Works

Federal regulation of industry is employed frequently to protect the consumer, frustrate extensive concentrations of power, and safeguard the national interest. History demonstrates that the effectiveness of regulatory provisions involving independent regulatory agencies is substantially affected by congressional and presidential attitudes and actions. The President's actions may be premised on his congressionally delegated powers over particular regulatory activities, his prestige and strategic leverage, or his own constitutional powers. How the President's constitutional and congressionally delegated powers over foreign relations and national security interact with the activities of independent regulatory agencies with respect to international commerce, especially concerning communication by satellite, …