International Trade Law Commons^™

Recent Developments, Craig G. Christensen

Vanderbilt Journal of Transnational Law

The debacle of the Nationalist regime in China and the subsequent United States trade embargo on the People's Republic of China (China) from 1949 to 1970, resulted in the deletion or obsolescence of United States federal income tax incentives previously applicable to Sino-American trade. The benefits of these tax provisions were transferred, with the Nationalist government, to the Taiwan-based Republic of China (Taiwan). Moreover, foreign trade tax measures enacted during the economic stalemate were largely inapplicable to China, but enhanced existing trade with Taiwan and Hong Kong. Initial United States responses to the current detente with China portend increasingly significant …

Exports And Antitrust: Must Competition Stop At The Water's Edge?, Dudley H. Chapman

Vanderbilt Journal of Transnational Law

The ground rules governing competition in international trade rank high among current issues of economic policy. The President's pending Trade Bill and its companion bill on competitive practices place a new emphasis on issues of unfair competition. These issues were prominent during the early 1900's and the interwar years but have rested in abeyance through the long post-war transition. The economic predominance of the United States characterized the post-war period. Now that Europe and Japan are once again formidable competitors in the world marketplace, the rules governing competition on the international level have regained their prior importance. As may be …

International Transactions In A Cold Climate; Or Whatever Became Of The Law Merchant?, Henry Harfield

Vanderbilt Journal of Transnational Law

International trade can be conducted only under the rule of law. There is no rule of law that governs international trade. These statements form a paradox, and the beginning of two possible syllogisms. One construction is that since there is no rule of law governing international trade, and international trade is dependent upon the rule of law, international trade must perish. The other and more hopeful construction is that international trade does exist, it must exist, and because it is dependent upon the rule of law, a rule of law must be devised.

I believe in the latter formulation, but …

Book Reviews, Werner Baer, John B. Marshall, Justin P. Wilson, Emmanuel Bello

Vanderbilt Journal of Transnational Law

INDIRECT TAXATION IN DEVELOPING ECONOMIES: THE ROLE AND STRUCTURE OF CUSTOMS DUTIES, EXCISES, AND SALES TAXES

By John F. Due

Baltimore: The Johns Hopkins Press, 1970. Pp. viii, 201. .$9.00

reviewer: Werner Baer

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THE INTERNATIONAL LAW OF CIVIL WAR

Edited by Richard A. Falk

Baltimore: Johns Hopkins Press, 1971. Pp. xix, 452. $15.00

reviewer: John B. Marshall

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NATIONAL INTERESTS AND THE MULTI-NATIONAL ENTERPRISE

By Jack N. Behrman

Englewood Cliffs, New Jersey: Prentice-Hall, 1970. Pp. 194. $4.95

reviewer: Justin P. Wilson

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TRANSNATIONAL BUSINESS COLLABORATION AMONG COMMON MARKET COUNTRIES: ITS IMPLICATIONS FOR POLITICAL INTEGRATION

By Werner J. Feld

New …

Toward Greater Flexibility In The Exchange Rate Regime Of The International Monetary Fund: The Widening Of The Band, Swadesh S. Kalsi

Vanderbilt Journal of Transnational Law

It is a commendable achievement that, in the atmosphere of a war shattered world, it was at all possible to fashion an international currency system at the Bretton Woods Conference in 1944. Indeed, the International Monetary Fund represents a historic milestone in international cooperation. Since its inception at Bretton Woods, however, the international monetary system has been plagued by two major problems. First, the expanded use of trade constraints by countries following policies of full employment and internal price stability tends to foster a balance of payments disequilibrium; consequently, the present mechanism for adjustment is not satisfactory. Events after May …

Foreign Income In The Music Industry, Leo Strauss, Jr.

Vanderbilt Journal of Transnational Law

The record and music industries have grown tremendously and have become much more sophisticated in recent years. At one time a music publisher merely listened to a song and if he liked it he acquired the copyright. A recording artist or a recording A & R man would record those songs that he happened to like. Those who were lucky had their share of hits. This normally does not work any more, although it does in certain localized contexts. The record industry is big business and spans national borders as well as continents, affecting and bringing into contact with each …

Book Review, Jason G. Reynolds

Vanderbilt Journal of Transnational Law

In this book author Michael Tanzer focuses upon the familiar and prolific theme of oil's impact upon the under-developed countries (UDC's). Tanzer does, however, approach the subject from a different angle: he concentrates upon oil's effects on the oil-importing UDC's rather than its effects upon the oil-exporting UDC's. One expects at first that this change in emphasis would produce a vastly different account of the plight of the UDC's. It turns out, however, that despite the basic dissimilarity between importing and exporting of oil, the problems facing the importing UDC's are quite similar to the well-known problems long experienced by …

International Security Markets, Robert L. Knauss

Vanderbilt Journal of Transnational Law

I would like to concentrate on what we might call the international aspects of the European securities markets and, if nothing else, to define a couple of terms. What I want to do first is to look at the question of integration of capital markets, and what we mean by that term. Is it really easier for a French company to raise capital in Belgium than a company from the United States? Has there been any integration in the Common Market? Do foreign issuers raise capital on national securities markets in the currency of that market? I think we have …

International Agencies And The Capital Formation Process, Lester Nurick

Vanderbilt Journal of Transnational Law

The theme of my address will be (a) the principal means by which the international public lending institutions (principally the International Bank for Reconstruction and Development--the World Bank), the International Development Association (IDA), the International Finance Corporation (IFC), and the Inter-American Development Bank (IADB)) join with others in the channeling of funds from private, governmental and other international sources for development projects, and (b) some of the main legal problems which arise.

An operation of this kind is usually called a joint financing operation. However, it should be noted that in a sense every loan by an international organization for …

Headnotes, Journal Staff

Vanderbilt Journal of Transnational Law

On April 4, 1969, the American Society of International Law (ASIL) and the Vanderbilt International Law Society held a Conference on Legal Problems of International Capital Formation. The Symposium appearing in this issue of the International directly results from this Conference.

Manuel F. Cohen, former Chairman of the Securities and Exchange Commission, begins the Symposium with a brief overview of the development of international securities markets in Europe. Mark S. Massel then suggests the questions a businessman or lawyer should ask before making foreign investment. Lester Nurick shows how international organizations, especially the World Bank, join with private parties in …

Legal Problems Of International Capital Formation, Manuel F. Cohen

Vanderbilt Journal of Transnational Law

In the past ten or fifteen years, a revolution has been going on in the financial and securities field. This phenomenon is only an aspect of a wider revolution which is occurring throughout our society. To understand these revolutions, one must understand not only the economic issues but also the national interests and prejudices that affect governmental action. For example, securities law is moving in a slightly different direction in Canada from that in the United States. This introduction sets forth what I sense is going on in Western Europe.

Unless the people whose savings the market wishes to tap …

The Common Market Twenty-First Century (With An International Franchising Assist), Bernard Goodwin

Vanderbilt Journal of Transnational Law

The development of a supranational economy calls for novel legal approaches to bridge the gaps created by national boundaries. These barriers are now too artificial with the increasingly accelerated pace of an ever-shrinking world of speedy, even instantaneous, communications, much more so than they were in the pre-Industrial Revolution era ending with the close of the eighteenth century.

To understand the possibilities of a supranational economy, it will be helpful to look briefly at history, because some intergroup action or economy has always existed among neighboring groups. It was usually the power of one group over another that controlled their …

Book Reviews, Josef Rysan, L. G., G. C., R. P. B., W. E. W.

Vanderbilt Journal of Transnational Law

THE FUTURE OF GERMANY

It is significant that the most brilliant and penetrating analysis of the West German democracy comes from the pen of the leading German philosopher, Karl Jaspers. This fact demonstrates that German philosophy which used to be exclusively an "ivory tower" affair has finally come to grips with contemporary social problems. The English edition contains not only the translation of Jaspers' German bestseller, but also of the philosopher's just published "Answer to My Critics."

reviewer: Josef Rysan

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THE ENGLISH

by David Frost and Antony Jay

255 pages Stein and Day, New York, 1968.

reviewer: L.G.

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From The Reviews, Journal Staff

Vanderbilt Journal of Transnational Law

From the Reviews

bibliography of writings on international law:

World Military Confrontations / Law, Policy and War / Law and the Maintenance of Peace

International Trade and Finance

European Economic Community

International Organizations

Conflicts

Private International Law