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Articles 31 - 51 of 51
Full-Text Articles in International Trade Law
Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber
Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber
Washington International Law Journal
Ordoliberalism, a particular version of European Neo-Liberal thought, has played a central role in the relationship between competition law and trade policy with the European Union. The substantive component of this body of thought, which is based in Germany, emphasizes the importance of a transaction-based economy and economic freedom; the process component emphasizes the need for juridical processes in economic policy-making. Ordoliberalism has shaped European Union competition law and trade policy and their roles in European integration, and its weakening may cause major changes in that relationship.
Trips: Adequate Protection, Inadequate Trade, Adequate Competition Policy, Hanns Ullrich
Trips: Adequate Protection, Inadequate Trade, Adequate Competition Policy, Hanns Ullrich
Washington International Law Journal
This article analyzes the relationship between trade and competition policy with respect to intellectual property, focusing particularly on the inclusion into the Uruguay Round of the Trade Related Aspects of Intellectual Property ("TRIPS"). The article sets forth the traditional framework of protection as established by the Paris Convention for the Protection of Industrial Property in 1883. The TRIPS agreement provides new rules and principles to manage emerging problems in the field of industrial property. The main focus of this article is to analyze the effect that TRIPS will have on harmonizing (but not unifying) the system of intellectual property protection.
Importing Prison Labor Products From The People's Republic Of China: Re-Examining U.S. Enforcement Of Section 307 Of The Trade And Tariff Act Of 1930, Sarah A. Thornton
Importing Prison Labor Products From The People's Republic Of China: Re-Examining U.S. Enforcement Of Section 307 Of The Trade And Tariff Act Of 1930, Sarah A. Thornton
Washington International Law Journal
Since 1989, the United States has engaged in a heated debate with the People's Republic of China over products manufactured in Chinese prisons which enter U.S. markets. Human rights advocates argue that conditions in China's prisons violate human rights principles, and therefore, the United States should not extend Most Favored Nation trade status to China. Others argue that human rights conditions will only improve if the United States continues to extend MFN privileges. Forgotten is section 307 of the Trade and Tariff Act of 1930, which prohibits imports of products made from prison labor. To effectively address the prison labor …
A Survey Of Intellectual Property Issues In China-U.S. Trade Negotiations Under The Special 301 Provisions, Qiao Dexi
Washington International Law Journal
On January 16, 1992, the United States and China signed a Memorandum of Understanding (MOU) committing China to provide improved protection for U.S. intellectual property rights (PRs) in China. Though the MOU is based on the special 301 provisions of the U.S. Omnibus Trade and Competitiveness Act of 1988, it may be regarded as being largely a continuation of the IPRs provisions of a 1979 bilateral trade agreement. This articleanalyzes IPRs under the special 301 provisions, with reference to specific issues of patents, trademarks and copyrights. In conclusion, the following points are emphasized. 1) The MOU will apparently solve intellectual …
Special 301: An Effective Tool Against Thailand's Intellectual Property Violations, Preeti Sinha
Special 301: An Effective Tool Against Thailand's Intellectual Property Violations, Preeti Sinha
Washington International Law Journal
Special 301 of the 1988 Omnibus Trade and Competitiveness Act grants the United States Trade Representative the authority to target countries that do not adequately protect intellectual property rights. The USTR has been investigating and negotiating with several countries, including Thailand, in an effort to improve intellectual property protections for American products. As a result, Thailand has instituted noteworthy changes in its copyright and patent laws. This Comment recommends that the USTR continue to negotiate with Thailand, and that the USTR continue to exert pressure on Thailand. This Comment also suggests that because Thailand has taken steps to improve protection …
Section 301 And U.S. Trade Law: The Limited Impact Of The 1988 Omnibus Trade And Competitiveness Act On American Obligations Under Gatt, Josh Schein
Washington International Law Journal
In 1988, President Reagan signed the Omnibus Trade and Competitiveness Act (OTCA), a broad set of trade laws overlying a sizable preexisting legal framework which included Section 301 of the Trade Act of 1974.1 The OTCA changed some U.S. trade law provisions while leaving other areas undisturbed. Foreign trading partners reacted sharply to the passage and implementation of the OTCA, arguing that it conflicted with American obligations under the General Agreement on Tariffs and Trade (GATT). Although no trading partner has formally challenged the OTCA under GATT thus far, the potential for conflict exists. This Comment will briefly summarize GATT …
The Right To Require Performance In International Sales: Towards An International Interpretation Of The Vienna Convention, Amy H. Kastely
The Right To Require Performance In International Sales: Towards An International Interpretation Of The Vienna Convention, Amy H. Kastely
Washington Law Review
This Article will explore the remedial provisions of the Convention and some of the issues raised by the uneasy compromise over the right to require performance. Part I will describe the Convention's remedial provisions, illuminated by their drafting history. Part II will evaluate the ability of parties to vary these remedies, and will consider, in particular, the parties' ability to waive or require the remedy of specific performance contractually. A concluding section will offer some general observations regarding interpretation of the Sales Convention.
The Right To Require Performance In International Sales: Towards An International Interpretation Of The Vienna Convention, Amy H. Kastely
The Right To Require Performance In International Sales: Towards An International Interpretation Of The Vienna Convention, Amy H. Kastely
Washington Law Review
This Article will explore the remedial provisions of the Convention and some of the issues raised by the uneasy compromise over the right to require performance. Part I will describe the Convention's remedial provisions, illuminated by their drafting history. Part II will evaluate the ability of parties to vary these remedies, and will consider, in particular, the parties' ability to waive or require the remedy of specific performance contractually. A concluding section will offer some general observations regarding interpretation of the Sales Convention.
Protecting Intellectual Property In Taiwan—Non-Recognized United States Corporations And Their Treaty Right Of Access To Courts, Michael M. Hickman
Protecting Intellectual Property In Taiwan—Non-Recognized United States Corporations And Their Treaty Right Of Access To Courts, Michael M. Hickman
Washington Law Review
As global trade grows, intellectual property rights become increasingly important. United States corporations must often seek redress for infringement of their intellectual property rights in foreign forums. Taiwan has an international reputation for commercial counterfeiting. United States corporations with no presence in Taiwan are sometimes victims of infringement there. This Note describes the problems a non-recognized United States corporation presently faces in protecting its intellectual property rights in Taiwan and proposes a solution embodied in the United States-Republic of China (ROC) Treaty of Friendship, Commerce, and Navigation (FCN Treaty). A criminal case instituted by Apple Computer in Taiwan illustrates the …
Parallel Importation Of Trademarked Goods: A Comparative Analysis, Kaoru Takamatsu
Parallel Importation Of Trademarked Goods: A Comparative Analysis, Kaoru Takamatsu
Washington Law Review
This Article reviews how major countries and common markets, including the United States, Japan and the European Community, have dealt with the problem of parallel importation. It then suggests common criteria to solve this problem in each nation. It concludes that the proper results in parallel importation cases will be reached if the problem is analyzed in terms of the major functions of trademarks.
Constitutional Law—The Scope Of The Commerce Clause In International Commerce—Japan Line, Ltd. V. County Of Los Angeles, 441 U.S. 434 (1979), Laura Treadgold Oles
Constitutional Law—The Scope Of The Commerce Clause In International Commerce—Japan Line, Ltd. V. County Of Los Angeles, 441 U.S. 434 (1979), Laura Treadgold Oles
Washington Law Review
By exempting containers in international commerce from local ad valorem property taxes, the Japan Line Court's interpretation of the commerce clause gives foreign merchants an advantage over their domestic competitors. The Court, lacking alternative grounds for exempting foreign containers from the state tax, concluded that the commerce clause justifies such disparate treatment. Rather than adopting an interpretation of the commerce clause which is inconsistent with its purpose, the Court should have upheld the tax and left the difficult question of international tax policy to be resolved comprehensively in a more appropriate forum.
International Commercial Arbitratikon Under The United Nations Convention And The Amended Federal Arbitration Statute, Donald P. Swisher
International Commercial Arbitratikon Under The United Nations Convention And The Amended Federal Arbitration Statute, Donald P. Swisher
Washington Law Review
With little fanfare the United States in 1970 revolutionized its treatment of private international arbitration by acceding to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards and by amending the federal arbitration statutes to give extremely broad effect to the arbitral remedy in most international transactions. As a result, a party with an agreement to arbitrate an international commercial dispute to which the new enactments apply can look to the federal courts and federal law for enforcement of the agreement to arbitrate and for recognition of the award of the arbitrators, regardless of whether the …
Introduction—U.S./Japanese Trade: Its Scope And Legal Framework, Dan Fenno Henderson
Introduction—U.S./Japanese Trade: Its Scope And Legal Framework, Dan Fenno Henderson
Washington Law Review
For the past several years, the United States has had more trade with Japan than with any other country in the world, except Canada. Furthermore, the state of Washington has had the highest per capita exports to Japan of any of the states, due largely to wheat, logs, and jet aircraft. Besides its obvious benefits, growing trade interdependence has caused its own frictions which have, in turn, required intervention by the American and Japanese governments. This has produced treaties as well as national legal regulation in both Japan and the United States to supplement the private law of sales. Something …
Problems Of Performance Of Sales Contracts Under Japanese And American Law, Katsuro Kanzaki, William C. Jones
Problems Of Performance Of Sales Contracts Under Japanese And American Law, Katsuro Kanzaki, William C. Jones
Washington Law Review
This article will discuss the problem of performance of contracts for the sale of goods (personal property) under American and Japanese law. The discussion of American law will be limited almost entirely to the Uniform Commercial Code. Excluded from this discussion are risk of loss, impossibility and frustration, and products liability; these topics are treated elsewhere in this symposium.
Impossibility And Frustration In Sales Contracts, Kiyoshi Igarashi, Luvern V. Rieke
Impossibility And Frustration In Sales Contracts, Kiyoshi Igarashi, Luvern V. Rieke
Washington Law Review
Legal principles governing sales under Japanese law, a civil rather than common law system, are at some significant points different from the law of the United States. The treatment accorded problems in the two countries involving "impossibility" of performance and "frustration of purpose" present good examples of the differences. Indeed the latter doctrine, "frustration" in the sense of the well-known Coronation cases, may not have a genuine counterpart in the law of Japan. Historically the differentiation between impossibility and frustration has been difficult enough in the common law, as casual reading of the examples used by Judge Williams in Krell …
Formation Of Contracts For The Sale Of Goods, Calvin W. Corman
Formation Of Contracts For The Sale Of Goods, Calvin W. Corman
Washington Law Review
All advanced legal systems, and all bodies concerned with governing international trade transactions, are today struggling with the problems connected with the need to develop acceptable legal rules for contract formation, particularly involving the sale of goods. This article will set forth some of the problems that are inherent in contract formation, and will describe and compare some of the solutions offered (1) by the civil law systems, especially as seen in Japan, Germany, and France; (2) by the common law systems, especially as expressed both in the developing Second Restatement of Contracts and in the Uniform Commercial Code Article …
Problems Of Performance Of Sales Contracts Under Japanese And American Law, Katsuro Kanzaki, William C. Jones
Problems Of Performance Of Sales Contracts Under Japanese And American Law, Katsuro Kanzaki, William C. Jones
Washington Law Review
This article will discuss the problem of performance of contracts for the sale of goods (personal property) under American and Japanese law. The discussion of American law will be limited almost entirely to the Uniform Commercial Code. Excluded from this discussion are risk of loss, impossibility and frustration, and products liability; these topics are treated elsewhere in this symposium.
Formation Of Contracts For The Sale Of Goods, Calvin W. Corman
Formation Of Contracts For The Sale Of Goods, Calvin W. Corman
Washington Law Review
All advanced legal systems, and all bodies concerned with governing international trade transactions, are today struggling with the problems connected with the need to develop acceptable legal rules for contract formation, particularly involving the sale of goods. This article will set forth some of the problems that are inherent in contract formation, and will describe and compare some of the solutions offered (1) by the civil law systems, especially as seen in Japan, Germany, and France; (2) by the common law systems, especially as expressed both in the developing Second Restatement of Contracts and in the Uniform Commercial Code Article …
Impossibility And Frustration In Sales Contracts, Kiyoshi Igarashi, Luvern V. Rieke
Impossibility And Frustration In Sales Contracts, Kiyoshi Igarashi, Luvern V. Rieke
Washington Law Review
Legal principles governing sales under Japanese law, a civil rather than common law system, are at some significant points different from the law of the United States. The treatment accorded problems in the two countries involving "impossibility" of performance and "frustration of purpose" present good examples of the differences. Indeed the latter doctrine, "frustration" in the sense of the well-known Coronation cases, may not have a genuine counterpart in the law of Japan. Historically the differentiation between impossibility and frustration has been difficult enough in the common law, as casual reading of the examples used by Judge Williams in Krell …
Introduction—U.S./Japanese Trade: Its Scope And Legal Framework, Dan Fenno Henderson
Introduction—U.S./Japanese Trade: Its Scope And Legal Framework, Dan Fenno Henderson
Washington Law Review
For the past several years, the United States has had more trade with Japan than with any other country in the world, except Canada. Furthermore, the state of Washington has had the highest per capita exports to Japan of any of the states, due largely to wheat, logs, and jet aircraft. Besides its obvious benefits, growing trade interdependence has caused its own frictions which have, in turn, required intervention by the American and Japanese governments. This has produced treaties as well as national legal regulation in both Japan and the United States to supplement the private law of sales. Something …
Letters Of Credit In Japanese-United States Trade, Kohei Izawa, Kazuaki Sono, Warren L. Shattuck
Letters Of Credit In Japanese-United States Trade, Kohei Izawa, Kazuaki Sono, Warren L. Shattuck
Washington Law Review
In the long history of international trade the main points of friction have been assurance of payment for the seller and assurance of delivery for the buyer. Where there is business to be done, traders have, over the centuries, usually found ways and means. From their practices have evolved the familiar modern lubricants for these friction points, letters of credit (which will be referred to hereafter as "credits"), insurance contracts, bills of lading, and the inspection services offered by various private and governmental agencies. The credit in the form we now know it developed during the nineteenth century and is …