International Trade Law Commons^™

The Antitrust Implications Of The Arab Boycott, Michigan Law Review

Michigan Law Review

This Note focuses on the legal means that can and should be used to challenge both the economic pressures exerted upon American companies and the subsequent participation by such companies in the boycott of Israel and blacklisted firms. The Note contends that, while "quiet diplomacy and persuasion" are perhaps the only means short of full-scale economic warfare available to the United States to eliminate completely Arab economic pressures and their coercive effects, the United States antitrust laws are sufficient to counteract many of the boycott's actual or potential manifestations. Specifically, the Note demonstrates that the Arab boycott and the discriminatory …

Yoshida International, Inc. V. United States: Was The 1971 Import Surcharge Legally Imposed?, Michigan Law Review

Michigan Law Review

On August 15, 1971, President Nixon announced the imposition of a ten per cent ad valorem surcharge on all dutiable imports. According to the President, the surcharge was necessary because an overvaluation of United States currency had created a situation in which United States imports were increasing faster than exports, contributing to a balance of payments deficit.

To correct the overvaluation, the President could have unilaterally devalued the dollar, thus effecting a realignment of exchange rates. However, there was some concern that such an action by the United States would lead to similar devaluations by other countries, thereby negating any …

Conflicts Between Treaties And Subsequently Enacted Statutes In Belgium: Etat Belge V. S.A. "Fromagerie Franco-Suisse Le Ski", Michigan Law Review

Michigan Law Review

In Etat Belge v. S.A. "Fromagerie Franco-Suisse Le Ski," the Supreme Court of Belgium was faced with a conflict between a provision of the European Economic Community (EEC) treaty and a domestic law enacted subsequent to Belgian ratification of the treaty. The traditional approach in Belgium--and, incidentally, the rule in the United States--had been to give effect to whichever was enacted later in time. Although not stated explicitly in any constitutional provision, this rule had been well settled in Belgium.

Effective Pollution Control In Industrialized Countries: International Economic Disincentives, Policy Responses, And The Gatt, Frederic L. Kirgis Jr.

Michigan Law Review

It is generally recognized that efforts toward meaningful pollution control by an industrialized nation or group of nations raise economic problems at the international level. Discussion has touched upon the balance of trade and the effects for developing countries. Yet there seems to have been little attempt to analyze how these problems will manifest themselves and how they may be resolved within the current international legal-economic ordering system. This Article cannot deal with them all, but will examine closely the international competitive disincentives to truly effective pollution-control efforts in the industrialized countries, where environmental imperatives bear heavily on national decision-makers. …

Adjustment To Hardship Caused By Imports: The New Decisions Of The Tariff Commission And The Need For Legislative Clarification, Carl H. Fulda

Michigan Law Review

The General Agreement on Tariffs and Trade, known as GATT, embodies the commitments of its contracting parties, now numbering eighty countries, to enter "into reciprocal and mutual advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international commerce."

The Regulation Of Subsidies Affecting International Trade, Warren F. Schwartz, Eugene W. Harper Jr.

Michigan Law Review

We will begin by examining the basic contours of the present GATT regulation of subsidies. We will then consider the theory of comparative advantage underlying the GATT regime and introduce the complications of externalities and the governmental process designed to take account of them. Finally, we will make some tentative suggestions for changes in rules and institutions that might serve to improve the present state of affairs.

Fulda & Schwartz: Regulation Of International Trade And Investment, Cases And Materials, Sigmund Timberg

Michigan Law Review

A Review of Regulation of International Trade and Investment, Cases and Materials by Carl H. Fulda and Warren F. Schwartz

Dam: The Gatt, Law And International Economic Organization, Carl H. Fulda

Michigan Law Review

A Review of The GATT, Law and International Economic Organization by Kenneth Dam

Lafave & Hay, Eds: International Trade, Investment, And Organization, Carl H. Fulda

Michigan Law Review

A Review of International Trade, Investment, and Organization edited by W.R. LaFave and P. Hay

Honnold: Unification Of The Law Governing International Sales Of Goods, E. Allan Farnsworth

Michigan Law Review

A Review of Unification of the Law Governing International Sales of Goods edited by John Honnold

The General Agreement On Tariffs And Trade In United States Domestic Law, John H. Jackson

Michigan Law Review

This article will undertake a two-step analysis. First, in Part II, the question whether GATT is legally a part of United States domestic law will be examined. Then, assuming GATT is part of this law, Part III will examine the extent of GATT's domestic law effect and its general relationship to other law, both federal and state. The chosen focus of this article thus excludes treatment of substantive obligations under specific GATT clauses. It also excludes intensive development of the myriad details of the scope of executive authority to negotiate particular trade concessions under legislation such as the Trade Expansion …

The Antidumping Act And The Future Of East-West Trade, Peter Buck Feller

Michigan Law Review

Because of the peculiarities of price formation in Communist countries, both with regard to export commodities and those intended for domestic consumption, the applicability of traditional antidumping concepts to communist price discrimination, and the usefulness of the Antidumping Act of 1921 in coping with it, are questions which should be examined and resolved before moves toward freer trade between East and West reach full stride. The essence of the problem was captured in a 1963 statement by the then Senator Humphrey: "The present act is ineffective in preventing dumping from communist countries, which can control their home prices by state …

Non-Tariff Import Restrictions: Remedies Available In United States Law, Craig Mathews

Michigan Law Review

Since World War II, a fundamental objective of the foreign policy of the United States has been to strengthen political and economic relationships among free-world nations. An integral element of this policy has been the expansion of international trade on mutually beneficial terms. The legal and practical problems of reducing or eliminating restrictions on the international movement of commodities have therefore assumed a major importance.

International commodity transactions have traditionally been subject to a wide range of such restrictions. In the case of imports, the most familiar barriers are tariffs and formal quotas or embargoes imposed by national governments. In …

The Extraterritorial Effect Of Foreign Exchange Control Laws, F. David Trickey

Michigan Law Review

Article VIII section 2(b) of the International Monetary Fund Articles of Agreement makes "exchange contracts" which are contrary to approved foreign exchange regulations of members "unenforceable" and provides that member nations may further agree upon measures to enforce each other's foreign exchange laws. The recent New York Court of Appeals decision in Banco do Brasil, S.A. v. A. C. Israel Commodity Co. illustrates the serious shortcomings of IMF provisions for enforcing foreign exchange controls. The case also suggests that general conflict of laws rules can be used to effectuate the policies underlying exchange control laws.

The Antidumping Act: Its Administration And Place In American Trade Policy, James A. Kohn

Michigan Law Review

It has now been forty years since the present Antidumping Act was passed. During that period certain administrative interpretations and procedures have developed. This discussion will not attempt a general exposition of the act, but rather will examine key terms which are not defined by the act itself, the administrative decisions interpreting these terms, and the soundness of these decisions when tested against the purposes of the act. In analyzing these decisions, not only the factors that influenced the original passage of the act must be considered, but also the events which have occurred since the passage of the act …

International Law - Sovereign Immunity - Seizure Of Property Under Restrictive Immunity Doctrine, Norman A. Zilber S.Ed.

Michigan Law Review

While in Korea unloading a cargo of rice purchased by the Korean Government, libellant's steamship was damaged by respondent's lighter which was assisting in the unloading operation. Libellant instituted suit against the Republic of Korea in a federal district court. in New York claiming the court had jurisdiction over the respondent by virtue of a writ of foreign attachment on Republic of Korea funds deposited in two New York banks. Respondent, in a special appearance, moved to dismiss the libel on the alternative grounds that property of a foreign sovereign is immune from seizure and that the purchase of rice …

The Antitrust Laws In Foregin Commerce, Robert A. Nitschke

Michigan Law Review

The Sherman Act applies to trade or commerce "with foreign nations." Are there differences in the act's application to foreign trade compared with its application to domestic commerce? The Attorney General's National Committee to Study the Antitrust Laws was constituted at a time when this question was pressing for an answer.

During the 1920's and 1930's, the international cartel movement was in full Hood. American companies participated in some of these international arrangements, often in the belief that they were a necessary condition for world trade and upon the legal premise that restrictions adjunctive to patent and know-how licenses were …

Corporations - Effect Of Domestication Statute On Foreign Corporations, J. David Voss S.Ed.

Michigan Law Review

Plaintiff brought suit to enjoin the collection of a state tax on intangibles consisting of stocks held by plaintiff in domesticated foreign corporations. The lower court enjoined the defendant, a county treasurer, from collecting the tax. On appeal, held, reversed, three judges dissenting. A foreign corporation which has complied with the Nebraska domestication statute is a foreign corporation for purposes of the Nebraska intangibles tax. Omaha Nat. Bank v. Jensen, (Neb. 1953) 58 N.W. (2d) 582.

That Pierced Veil-Friendly Stockholders And Enemy Corporations, Norman S. Fink

Michigan Law Review

Consider, if you will, the position of Mr. A, an ordinary resident of Suburbia, Long Island, New York, U.S.A., who on the advice of his stock broker that he has an opportunity to buy a "growth" stock, invests $5,000 in 100 shares of X company, organized under the laws of Switzerland. The World erupts into another tragic war and Mr. A receives peremptory demand from his government to turn over his shares to it. He learns that his investment gives aid and comfort to the enemy since X company, apparently a non-belligerent enterprise in a neutral country, is alleged …

Wilcox: A Charter For World Trade, Michigan Law Review

Michigan Law Review

A Review of A CHARTER FOR WORLD TRADE By Clair Wilcox.

Trade Regulations-Deceptive Practices, Earl R. Boonstra

Michigan Law Review

Petitioner, an importer, distributed catalogs among some 25,000 retailers describing his porcelain line as follows: "IMPORTED Hand Decorated 'Du Barry' Porcelain," and " 'Du BARRY' Porcelain table lamps are nationally famous as reproductions of rare, original French and English 'old pieces.'" The Federal Trade Commission found that the advertising impliedly represented that the origin was French or British, whereas the products were made in Japan. A cease and desist order was issued prohibiting use of the legend, "Imported-Du Barry,'' or any other legend suggesting French origin, without clearly disclosing the fact of import from Japan. Held, affirmed. The order …

"Enemy" Under The Trading With The Enemy Act And Some Problems Of International Law, Samuel Anatole Lourie

Michigan Law Review

When the United States entered this war and even before, it was evident that the measures and definitions of the Trading with the Enemy Act of October 6, 1917, were obsolete instruments with which to cope, in economic and psychological warfare, with such dangerous enemies as the Axis, particularly Germany. Germany's preparations and planning for the war date back two decades, but took on intensified and conspicuous form only after the access of the Nazis to power.

In all types of warfare numerous weapons, devices and means are openly or secretly used. "Camouflage" is not the exclusive domain of military …

The Trading With The Enemy Act, Samuel Anatole Lourie

Michigan Law Review

The purpose of this paper is to discuss two aspects of the Trading with the Enemy Act of October 6, 1917: (1) The evolution of the T.E.A. through legislative enactments and executive orders; (2) Some problems of constitutional and administrative law raised by the last amendment to the act.

Foreign Exchange Restrictions And Public Policy In The Conflict Of Laws, Evsey S. Rashba

Michigan Law Review

The general movement towards national economic planning and away from the freedom of the liberal age has brought about unprecedented state interference with international trade. These interferences have vastly increased during the past twenty-five years and have grown at a rapid pace during the last decade.

Treaties-State Successsion-Effect On Commercial Treaties And Reciprocity Statutes

Michigan Law Review

In a suit to recover alleged excessive tonnage duties the court held that the commercial treaties made by the United States with the Hanseatic Republics in 1827 (1 Malloy 901), and with Prussia in 1828 (2 Malloy 1496), were still valid and effective to exempt a vessel from duties that were imposed in 1921; but that U. S. Rev. Stat. sec. 4229-30 and 4 Stat. 2, exempting Prussian vessels from these taxes, were no longer operative. For facts, see note supra. The Sophie Rickmers, 45 F.(2d) 413.

Treaties-Effect Of War On Commercial Treaties

Michigan Law Review

The Sophie Rickmers, a German merchant vessel registered at Hamburg and owned by a German corporation with principal place of business there, entered New York Sept. 27, 1921. Upon its entry a tonnage duty of fifty cents per ton was collected under U. S. Rev. Stat. sec. 4219 as amended by 19 Stat. 250 (46 U. S. C. A. 121), and sec. ,4225 (46 U. S. C. A. 128), in addition to the six-cent tonnage duty under 36 Stat. 111 (46 U. S. C. A. 121). The treaty of the United States made in 1827 with the Hanseatic Republics, 1 …

Review: The International Mandates. By Aaron M. Margalith, Quincy Wright

Michigan Law Review

A Review of THE INTERNATIONAL MANDATES. By Aaron M. Margalith

Rights Of Non-Resident Aliens Under United States Laws Regulating Foreign Trade, Borris M. Komar

Michigan Law Review

The commercial, financial, and industrial rivalry of the principal nations of the world is today the chief cause of the stubborn existence of the main scourge of our civilisation-War.

Note And Comment, Edwin C. Goddard, George Seletto, Edson R. Sunderland, Victor H. Lane, Burke Shartel, George E. Longstaff

Michigan Law Review

Carriers - Second Cummins Amendment - It was seven years after the Carmack Amendment of the Hepburn Act of i9o6 before the Supreme Court began that series of decisions, extending from Adams Express Co. v. Croninger, 226 U. S. 491 (1913), to George N. Pierce Co. v. Wells, Fargo & Co., 236 U. S. 278 (1915), which directly resulted in the First Cummins Amendment of March, 1915. One has only to read those cases, reviewed in 13 Micn. L. REv. 59o, and other notes referred to in 17 MICH. L. Rzv. 183, to see that the language of the Cummins …

Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson

Michigan Law Review

What does a judge do when he decides a case? It would be interesting to collect the answers ranging from those furnished by primitive systems of law in which the judge was supposed to consult the gods to the ultra-modern, rather profane system described to me recently by a retrospective judge: "I make up my mind which way the case ought to be decided, and then I see if I can't get some legal ground to make it stick." Perhaps the widespread impression is the curiously erroneous one lampooned by Gnaeus Flavius (Kantorowitz). The judge is supposed to sit at …