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Articles 181 - 210 of 226
Full-Text Articles in International Trade Law
Investment Incentives And Guarantees In The Republic Of China, The Republic Of Korea, Thailand, And The People's Republic Of China, Barbara J. Martin
Investment Incentives And Guarantees In The Republic Of China, The Republic Of Korea, Thailand, And The People's Republic Of China, Barbara J. Martin
Michigan Journal of International Law
This note will focus on direct investment in four countries in Southeast Asia: the Republic of China (ROC), the Republic of Korea (ROK or South Korea), Thailand, and the People's Republic of China (PRC). Despite similar goals, these four countries differ significantly in their treatment of foreign investors.
Enterprise Zones As Tools Of Urban Industrial Policy, Benedicte E. F. Mathijsen
Enterprise Zones As Tools Of Urban Industrial Policy, Benedicte E. F. Mathijsen
Michigan Journal of International Law
This note examines the operation of the enterprise zone program in the United Kingdom and considers the program's implications for the United States (U.S.), which also suffers from urban industrial decay and which has now begun studying proposals for an enterprise zone program of its own. The note concludes that, based on the limited data available thus far, the enterprise zone program alone is inadequate to lure industry back to depressed areas. The success of the enterprise zones depends in large measure upon parallel government programs, suggesting that the zones cannot be viewed as potential replacements of existing government aid …
The Experience Of The Automotive Industry In Industrial Policies Of Selected Governments, Thomas R. Atkinson, Susan G. Ezrati, James J. Flynn
The Experience Of The Automotive Industry In Industrial Policies Of Selected Governments, Thomas R. Atkinson, Susan G. Ezrati, James J. Flynn
Michigan Journal of International Law
We shall not define precisely industrial policy other than to note that the cases we intend to examine involve some form of general, integrated, economic policy that, among other things, includes industry-specific measures that have had direct or indirect consequences for other countries through trade or investment links. Many other characteristics, including program integration; abridgment of private business governance, perhaps involving varying degrees of compulsion or subsidy; non-market incentives; and subordination of the market mechanism, may or may not be present in the industrial policies discussed. Very often specific protection of favored industries is a major instrument of industrial policy; …
Industrial Policy In The Field Of Informatics In Brazil, Walter Douglas Stuber
Industrial Policy In The Field Of Informatics In Brazil, Walter Douglas Stuber
Michigan Journal of International Law
This article first presents a brief overview of Brazilian industrial development. This overview provides a basis for understanding how the Brazilian Government's informatics policy differs from past Brazilian industrial models. The article then describes the Brazilian Government's policy in the field of informatics. It concludes that a policy which is less protectionist than the government's current program would, through allowing greater foreign participation in the market, better encourage the development of Brazilian informatic companies.
Industrial Policy And The Rights Of Labor: The Case Of Foreign Workers In The French Automobile Assemble Industry, Mark J. Miller
Industrial Policy And The Rights Of Labor: The Case Of Foreign Workers In The French Automobile Assemble Industry, Mark J. Miller
Michigan Journal of International Law
The foreign labor which made possible Western Europe's postwar economic growth has become a permanent, if belatedly recognized, component of the region's labor markets. Technological change and new industrial policies stressing efficiency, skilled labor, and rationalization threaten foreign workers, raising complex and important issues of law and social policy in the debate over labor's role in industrial policy. These changes already have resulted in grave problems which make agreement and clarification of the rights of foreign workers in national and international law a matter of considerable urgency.
Review Of Foreign Laws, Michigan Journal Of International Law
Review Of Foreign Laws, Michigan Journal Of International Law
Michigan Journal of International Law
The following summaries of national laws relating to industrial policy do not attempt to catalogue every law or program that arguably falls under the rubric of industrial policy. Rather, to varying degrees, they pay special attention to several themes that recur in all discussions of industrial policy: the promotion of certain industries and the management of the decline of others; the formation of a consensus between labor and management on an industry's future; and the creation of a plan for future development. These summaries illustrate the diversity of the legal tools that various countries use to promote industrial development. This …
Index, Michigan Journal Of International Law
Index, Michigan Journal Of International Law
Michigan Journal of International Law
Index of terms used in this volume.
The Impact Of Industrial Legislation On The Behavior Of Multinational Enterprises And Labor In The Industrializing Countries Of East And Southeast Asia, Kojo Yelpaala
Michigan Journal of International Law
The phenomenon of industrial legislation is not new in the world. Several industrialized, non-industrialized, capitalist, and socialist countries all have at different stages in their development used industrial legislation for the achievement of industrial goals, development targets and national welfare objectives. This legislation has generally addressed labor relations, taxes, plant location, exchange controls, and capital controls. What is perhaps new is its focus on the behavior of Multinational Enterprises (MNE). The emergence of the MNE on the world economic scene has introduced an elusive but important element in the industrial policy calculus of nations.
Employee Involvement In Decision-Making: European Attempts At Harmonization, Ruth A. Harvey
Employee Involvement In Decision-Making: European Attempts At Harmonization, Ruth A. Harvey
Michigan Journal of International Law
Part I of this note examines the sources of Community power over employment policy. Part II analyzes two Community directives approximating laws regarding employee involvement in dismissal procedures. It also examines the impact of these Community directives on two Member States, the Federal Republic of Germany (FRG or West Germany) and the United Kingdom. The note focuses on the FRG because its statutes have served as the model for Community directives, and because the harmonization of laws throughout the Community will provide unique benefits to the FRG. The note examines the United Kingdom because its government has historically had a …
Reciprocity In International Telecommunications Trade: A New Trade Barrier?, Sheryl Powers
Reciprocity In International Telecommunications Trade: A New Trade Barrier?, Sheryl Powers
Michigan Journal of International Law
To those advocating its use, reciprocity legislation is especially appropriate for the telecommunications industry. Only 5 percent of telecommunications equipment manufactured in the United States is exported for sale in other nations. Trade barriers, loyalty to domestic manufacturers and the importance of telecommunications to national defense systems have combined to restrict access to foreign markets in the telecommunications sector. To persuade other nations to increase market access in telecommunications, United States legislators added a requirement of reciprocity to two proposed bills, S.898 and H.R.5158. This note will examine these two bills, concluding that reciprocity is an inappropriate solution to United …
A Labor View Of Industrial Policy, Henry B. Schechter
A Labor View Of Industrial Policy, Henry B. Schechter
Michigan Journal of International Law
This article discusses the following topics: secular economic decline, factors in the loss of U.S. competitive position, foreign industrial policies, a labor-endorsed legislative proposal for an industrial policy, and supplementary measures that are required for a successful industrial policy.
Attacking The Trade Deficit, Dennis Unkovic
Attacking The Trade Deficit, Dennis Unkovic
Michigan Journal of International Law
In the United States (U.S.), policy planning for industrial development is not new. The federal government currently formulates and implements policies designed to foster the growth of the industrial sector. The current debate should not focus on the merits of a comprehensive national industrial policy over federal non-involvement, rather it should address the degree to which the federal government should become involved in specific areas affecting industrial development. This article will analyze the appropriate role for the federal government in its efforts to eliminate the current U.S. balance of trade deficit.
An Alternative To High Tech, Donald E. Dekieffer
An Alternative To High Tech, Donald E. Dekieffer
Michigan Journal of International Law
In recent years American industry's ability to compete in the international marketplace has appeared to decline. With a decreased world market share and a balance of payments deficit many policymakers have concluded that traditional industry is dying and that it is time to reassess American economic strength in new and more advanced industries, that is, "high-tech" industries. The "failure" of domestic "smokestack" industries producing automobiles, steel, and textiles allegedly supports this view. However, the problems of these industries are attributable to the current structure and climate of international and domestic trade. To offer any realistic solutions, the following issues must …
The U.S. Commitment To The Gatt System: A Reappraisal Of Basic Assumptions, Thomas R. Howell, R. Michael Gadbaw
The U.S. Commitment To The Gatt System: A Reappraisal Of Basic Assumptions, Thomas R. Howell, R. Michael Gadbaw
Michigan Journal of International Law
The GATT system was established by a fairly homogeneous group of 24 countries in the late 1940s. With the exception of the U.S., the signatory nations were, for the most part, European or British Commonwealth countries with market economies. These governments shared a rough consensus on the fundamental goals of an international trading system. They intended to avoid the economic warfare that had characterized international trade in the late 1930s. Trading relationships were to be governed by a mutual commitment to commonly understood notions of fairness and equity. This meant allowing producing enterprises to compete, according to a set of …
The Role Of The Federal Government In Worker Adjustment Assistance, Linda Elliott
The Role Of The Federal Government In Worker Adjustment Assistance, Linda Elliott
Michigan Journal of International Law
Part I of this note examines worker adjustment assistance in the United States. It traces TAA's evolution from its inception as a means of compensating trade-displaced workers while minimizing government intervention in the market adjustment process, through its amendment to reflect congressional concern over the low number of worker certifications, to the criticism of its procedures arising out of more recent congressional interest in government-sponsored retraining as a means of attaining worker adjustment. After arguing that current certification and distribution procedures continue to reflect the original goal of the program- compensation with minimal intervention in the market- the note examines …
Industrial Policy: Diverting Resources From The Winners, Edwin L. Harper, Lehmann K. Li Jr.
Industrial Policy: Diverting Resources From The Winners, Edwin L. Harper, Lehmann K. Li Jr.
Michigan Journal of International Law
This article argues that the various forms of industrial policy currently being proposed are inappropriate for the United States (U.S.). They would fail not only on economic grounds, but on political grounds as well. The article outlines the appropriate role for government in the economy.
United Kingdom Regulation Of Transnational Corporate Concentration, J. Denys Gribbin
United Kingdom Regulation Of Transnational Corporate Concentration, J. Denys Gribbin
Michigan Journal of International Law
This article begins by describing the United Kingdom's policy toward outward and inward direct investment and then sets out the essentials of the competition laws that are among the major, nondiscriminatory regulatory mechanisms that affect corporate behavior and planning. The article also analyzes the development of competition policy as a microeconomic instrument along with its application to monopoly, oligopoly, and cartels involving transnational corporations. Competition policy, except for cartels, is shown to be relatively benign toward mergers until recently, and with respect to monopoly and oligopoly has sought remedies in regulation of prices and behavior rather than through structural change. …
Introduction: Transnational Corporate Concentration-The Issues, Thomas E. Kauper
Introduction: Transnational Corporate Concentration-The Issues, Thomas E. Kauper
Michigan Journal of International Law
Competition policy in the United States, particularly reflected in antitrust policy, in recent years has focused on corporate structure. To some, this emphasis simply reflects a belief in a close correlation between corporate structure and behavior. A single firm monopoly inevitably will restrict output and raise prices above levels that would prevail under competition conditions, distorting allocative efficiency. The behavioral pattern is a direct consequence of structure. Many believe that high corporate concentration, even short of single firm monopoly, is at least conducive to, if not a cause of, monopolistic behavior. Some also view high corporate concentration, and the aggregation …
Reflections On Recent Oecd Activities: Regulation Of Multinational Corporate Conduct And Structure, Kurt Stockmann
Reflections On Recent Oecd Activities: Regulation Of Multinational Corporate Conduct And Structure, Kurt Stockmann
Michigan Journal of International Law
In recent, years, the Organization for Economic Cooperation and Development (OECD) has repeatedly addressed, in a variety of forms, the problem of transnational corporate concentration. In the field of restrictive business practices, it has made suggestions on specific antitrust problems, issued council recommendations, and promulgated the 1976 Concil Guidelines for multinational enterprises. Not surprisingly for an organization that adheres to the principle of unanimity and, consequently, is governed by the law of the smallest common denominator, these efforts have thus far focused more on procedure than on substance. Even where quasisubstantive rules have been adopted, such as in competition guideline …
Structural Aspects Of Multinational Corporate Trade With The Nonmarket Economies Of Eastern Europe: An Mnc Perspective On Domestic And Foreign Regulation, John G. Scriven
Structural Aspects Of Multinational Corporate Trade With The Nonmarket Economies Of Eastern Europe: An Mnc Perspective On Domestic And Foreign Regulation, John G. Scriven
Michigan Journal of International Law
In considering the structural aspects of multinational corporate trade relationships with the nonmarket economies of Eastern Europe, it is important, as a preliminary matter, to acknowledge certain intractable features of that trade. Only through a continuing awareness of the interplay of these factors can one hope to understand the role of law or regulation in trade with these states.
Supranational Regulation Of Transnational Corporations: The Unctad And Ctc Efforts, James D. Kurek
Supranational Regulation Of Transnational Corporations: The Unctad And Ctc Efforts, James D. Kurek
Michigan Journal of International Law
The focus of this article is the current United Nations’ efforts designed to influence the activities of transnational corporations (TNCs) and other participants in the foreign investment arena, with special attention being given to those provisions which deal with concentration. The efforts to be discussed are primarily centered in the U. N. Conference on Trade and Development (UNCTAD) and the U. N. Economic and Social Council's Commission on Transnational Corporations (CTC). Since the approach and methods employed by these two bodies differ in several significant respects, each will be considered separately. The concluding discussion examines a variety of views on …
The "Economic" Analysis Of Transnational Mergers, William James Adams
The "Economic" Analysis Of Transnational Mergers, William James Adams
Michigan Journal of International Law
No congregation of lawyers can be considered complete without a token economist. The role of the economist consists of describing the economic mode of analyzing the legal problem under consideration. Unfortunately from the standpoint of the token, economists rarely agree on criteria appropriate for the appraisal of economic phenomena. With respect to transnational corporate mergers, four modes of analysis may be described legitimately as economic.
Regulating Multinational Corporate Concentration-The European Economic Community, John Temple Lang
Regulating Multinational Corporate Concentration-The European Economic Community, John Temple Lang
Michigan Journal of International Law
It is the purpose of this article to discuss the policies and goals of the efforts of the European Communities to regulate multinational corporate concentration. For reasons that will become clear in the course of the article, it is necessary to start by outlining the means available to the European Communities, both presently and potentially, to promote these policies. It is not possible to see what those policies might be or how they are likely to develop without understanding the practical implications of the various legal rules on which the Community might rely in the future. This article does not …
Canadian Merger Policy And Its International Implications, Eric K. Gressman
Canadian Merger Policy And Its International Implications, Eric K. Gressman
Michigan Journal of International Law
The implications of Canadian merger policy are of deep concern to U.S. and other foreign investors who have invested or are considering investing in Canada. U.S. interests own 60 percent of Canada's manufacturing industry. In 1978, approximately 250 mergers in Canada involved a foreign-owned or foreign-controlled buyer (usually U.S.). Therefore, it is not surprising that Canada's merger policy is no less important to the decisions of foreign investors in Canada than the Justice Department's policies are to domestic investors in the United States. At the same time, the Canadian government and public are concerned with their merger policy as a …
Regulation Of Concentration Through Merger Control: Germany's Continuing Efforts, Kurt Stockmann
Regulation Of Concentration Through Merger Control: Germany's Continuing Efforts, Kurt Stockmann
Michigan Journal of International Law
The Federal Republic of Germany's Law Against Restraints on Competition (the ARC), establishes an extensive regime for regulating market-dominating enterprises. Therefore, large corporations, both national and multinational, are the subject of particular scrutiny in the Federal Republic. Rather than identify and address all the provisions pertinent to corporate concentration (a task whose tedium would be matched only by its enormity), this analysis will undertake three tasks: (1) briefly describe the general scope of West German merger law, (2) discuss the application of the law to cases of transnational concentration, and (3) explain the proposed Fourth Amendment to the ARC as …
Sherman Act Applications To Predation By Controlled Economy Enterprises Marketing In The United States: Departures From Mechanical Formulae, Deborah M. Levy
Sherman Act Applications To Predation By Controlled Economy Enterprises Marketing In The United States: Departures From Mechanical Formulae, Deborah M. Levy
Michigan Journal of International Law
In a reproachful dissent in United States v. Columbia Steel, the late Justice Douglas sought to remind his brethren what the antitrust laws of the United States are all about: [A]ll power tends to develop into a government in itself. Power that controls the economy should be in the hands of elected representatives of the people, not in the hands of an industrial oligarchy. Industrial power should be decentralized.... That is the philosophy and the command of the Sherman Act.
United States Compliance With The 1967 Gatt Antidumping Code, Robert E. Hudec
United States Compliance With The 1967 Gatt Antidumping Code, Robert E. Hudec
Michigan Journal of International Law
The 1967 GATT Antidumping Code (hereinafter the Code) may be viewed as an attempt to state an international consensus about the correct policy and practice of national antidumping laws. It is important to be clear about the nature of that consensus. National antidumping laws are not an expression of accepted economic theory about international trade. Rather, they tend to rest on more pedestrian value judgments about things such as "fair competition." These underlying value judgments are not necessarily the same from one country to another, and in some countries antidumping laws are not even considered particularly useful or necessary. In …
Gilmore: An Antidumping Proceeding As Cost-Price Comparison, Fred A. Rodriguez
Gilmore: An Antidumping Proceeding As Cost-Price Comparison, Fred A. Rodriguez
Michigan Journal of International Law
In the usual dumping case, a producer sells his product abroad at prices lower than those at which the same product is sold in the domestic market (country of origin). But dumping is also possible in other circumstances. The General Agreement on Tariffs and Trade (hereinafter GATT) and the Antidumping Code (hereinafter the Code) recognize dumping where, in the absence of a domestic price, the price in the export market is lower than the price for a comparable product in a third country market. If neither a domestic nor a third country price is available, these international agreements provide that …
Introduction: Perspectives On Antidumping Law And Policy, John J. Jackson
Introduction: Perspectives On Antidumping Law And Policy, John J. Jackson
Michigan Journal of International Law
The successful dismantling of most high tariffs of the noncommunist industrialized world over the last thirty years has revealed other trade measures which previously posed relatively little risk to the flow of trade. One such measure is "antidumping duties," which each year seems to grow more prominent as a cause of tension between trading nations. Although in recent months front-page news stories have focused considerable attention on the problems of dumping and the response of antidumping duties, it is probably safe to assume that the general public, and even most laymen, have little understanding of the practice and concept of …
The Antidumping Law: Repeal It Or Revise It, John J. Barceló Iii
The Antidumping Law: Repeal It Or Revise It, John J. Barceló Iii
Michigan Journal of International Law
This Article concentrates only on American antidumping, safeguard, and antitrust laws. The analysis, however, should have general application to any country in the western trading world. All such countries have antidumping and safeguard provisions patterned along the general guidelines in Articles VI and XIX of the General Agreement on Tariffs and Trade (GAIT). Any country which does not provide protection against predatory pricing through a general antitrust law might resort to a revised antidumping law aimed only at predatory dumping.