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LLM Theses and Essays

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Emerging Conflicts Over Intellectual Property In Recent Gatt Negotiations, Sonia Baldia Jan 1992

Emerging Conflicts Over Intellectual Property In Recent Gatt Negotiations, Sonia Baldia

LLM Theses and Essays

This thesis describes the "intellectual property problem" and how it came to be a focus of the General Agreement on Tariffs and Trade. It addresses the concerns of the developed and the developing world regarding a reform in their intellectual protection regimes. One of the results of this thesis is that reforms that do not stem from developing countries' perceptions of their own interests and needs, and that are not articulated in keeping with broader economic and technological policies, are unlikely to result in stable and predictable rules or to be properly enforced.

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Policy And Legal Aspects Of Technology Transfer From The United States To China, Yongman Zhang Jan 1992

Policy And Legal Aspects Of Technology Transfer From The United States To China, Yongman Zhang

LLM Theses and Essays

One of the major international transactions today is the transfer of technology between nations. Because the U.S. and China are on opposite ends of the technology spectrum, one an advanced technological nation and the other technologically backward, they make excellent trading partners of technology. China’s history of self-reliance and its modern Open Door policy to realize its Four Modernizations are reviewed. This policy of openness is the key to the modernization of China’s economy through the importing of foreign technology. Likewise, the evolution of U.S. policy toward trade with China is analyzed. The U.S. has moved from a policy of …

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Negotiation Of International Agreements: Legal And Practical Problems In The Third World Countries, Kuwayaway Stephen Kuwayaway Jan 1992

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 …

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International Joint Venture Franchising: A Key Investment Strategy For Eastern Europe, Obie L. Moore Jan 1991

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 …

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Acquisition Strategies For Taiwanese Acquirers, Chao-Yu Hsu Jan 1991

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 …

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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 Jan 1990

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 …

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Specific Barriers To Central American Development, Evelyn Urtecho Ruiz Jan 1989

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 …

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Free Movement Of Goods Within The Economic Community Of West African States (Ecowas): Comparisons With European Economic Community (Eec), Theophilus Fuseini-Bart Jan 1988

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 …

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American Export Controls And Extraterritoriality, Isabelle Clement Jan 1988

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.

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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 Jan 1988

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 …

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Trade Regulations In International Transfer Of Technology Agreements: A Comparative View Of National And International Legal Provisions, Franz-Martin Wolff Jan 1988

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 …

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The Law Governing Arbitration Agreements In International Trade, Daniele Lingua Jan 1986

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 …

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The Foreign Direct Investment Controls, Ruey-Fen Sung Jan 1986

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 …

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Fraud And Injunctive Relief In International Standby Letter Of Credit Transactions: A Comparative Study, Dirk H. Mahler Jan 1984

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.

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The Extraterritorial Application Of The Export Administration Act Of 1979, Peter T. Knopf Jan 1984

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 …

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