International Trade Law Commons^™

Analyzing Bank Drafted Letter Of Credit Rules, The International Standby Practice (Isp98), John F. Dolan

Law Faculty Research Publications

No abstract provided.

Chinese Law, Trade And The New Century, Robert C. Berring

Northwestern Journal of International Law & Business

China crammed a great deal of political activity into the 20th Century. In the year 1900 the Q'ing Dynasty still ruled the remnants of an ancient empire. The Q'ing conspired with rebels in the Boxer Rebellion in the hopes of expelling all foreigners from Chinese soil and returning to splendid isolation. In the year 2000 China is a superpower balancing communist theory and a capitalist market that is about to join the World Trade Organization. The intervening years saw warlords, democrats, fascists, Marxists and all stripes of communists leading the world's largest nation. As China enters the new millennium of …

Market Power And The Ftc, John C. Hilke

Richmond Journal of Law & Technology

Although the DOJ/FTC Merger Guidelines provide a firm foundation for analyzing changes in prospective market power resulting from a proposed merger, the analysis does not focus on detecting or measuring market power that may already exist in the market. Further, antitrust enforcement is focused on anti-competitive mergers and unfair forms of competition. From an antitrust perspective, a firm that lawfully acquired market power does not commit an antitrust offense merely by exercising that power, unless it engages in unfair methods of competition to protect that power.

The Developing Legal Infrastructure And The Globalization Of Information: Constructing A Framework For Critical Choices In The New Millennium Internet -- Character, Content And Confusion, Tomas A. Lipinski

Richmond Journal of Law & Technology

This paper reviews recent attempts to extend traditional property rights and other information controls and regulations into new media, such as cyberspace, primarily the World Wide Web. It reviews developments in copyright, trademark, trademark dilution, misappropriation, trespass, censorship, tort, privacy and other legal doctrines as they are reflected in recent United States case law and legislation, and to a lesser extent, in international agreements. Legal problems often arise because there is a conflict of viewpoints in how to best characterize space on the Internet, specifically the World Wide Web. Some argue that traditional ownership rights should apply, or perhaps a …

Retelling Good Governance Narratives On Africa’S Economic And Political Predicaments: Continuities And Discontinuities In Legal Outcomes Between Markets And States, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Preemption & Human Rights: Local Options After Crosby V. Nftc, Robert Stumberg

Georgetown Law Faculty Publications and Other Works

In June 2000, the Supreme Court held in Crosby v. National Foreign Trade Council (NFTC) that federal sanctions against Burma preempted the Massachusetts Burma law. With its "Burma Law," Massachusetts sought to replicate the anti-Apartheid boycott, one of the most successful human rights campaigns in history. Massachusetts' Burma law authorized state agencies to exercise a strong purchasing preference in favor of companies that do not conduct business in Burma unless the preference would impair essential purchases or result in inadequate competition.

In Crosby, the Court held that Congress preempted the Massachusetts Burma law when it adopted federal sanctions on …

The Interactions Of Eco-Labeling, Environment, And International Trade, Yi Qian

University Avenue Undergraduate Journal of Economics

A simple graphical model has been developed to examine the relationship between eco-labelling, international trade and environment. This paper analyses that labelling can possibly have adverse effect on environment when the supply of environment-friendly good is greater than the demand of the friendly good pre-labelling (fig.2). In a dynamic setting, however, this situation could be reversed by shifts of demand and supply curves of environment-friendly products (fig.3). The theoretical model predicts change of product prices, which in turn can alter international trade. In bilateral trade, the interaction with country 2 will result in an improvement in the environmental situation in …

Nachfrist Was Ist? Thinking Globally And Acting Locally: Considering Time Extension Principles Of The U.N. Convention On Contracts For The International Sale Of Goods In Revising The Uniform Commercial Code, John C. Duncan Jr

Journal Publications

This article examines the Nachfrist concept as it applies to the United Nations Convention on Contracts for the International Sale of Goods (CISG) and considers its potential application to the Uniform Commercial Code (UCC). Part II provides an overview of the applicability of the CISG to international sales contracts and compares some of its provisions with those found in the UCC. Part III discusses the difference between what constitutes breach under the UCC and the CISG and explains when Nachfrist applies to CISG contracts. Part IV takes a closer look at the UCC, considering the need for adding a new …

A Problem Of Process In Wto Jurisprudence: Identifying Disputed Issues In Panels And Consultations, Glenn R. Butterton

Articles

No abstract provided.

Globalization And Federalism In A Post-Printz World, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

This Article uses the recent Supreme Court decision in Crosby v. National Foreign Trade Council as the vehicle for examining the way in which the U.S. constitutional law of federalism might be responding to globalization. Part II develops the argument that globalization as such has no strong implications for domestic constitutional law. The remainder of the Article examines the U.S. constitutional response to the aspect of globalization revealed in Crosby, and argues that the Court's decision in Crosby is in tension with its other federalism decisions. But, the Article argues, that tension arises not from the fact that Crosby arises …

Star Quality And Job Security: The Role Of The Performers' Unions In Controlling Access To The Acting Profession, Emily C. Chi

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian

Faculty Publications

Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative power …

Balance-Of-Payments Crises In The Developing World: Balancing Trade, Finance And Development In The New Economic Order, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

The Settlement Of Investment Disputes Between States And Private Parties - An Overview From The Perspective Of The Icc, Horacio A. Grigera Naón

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Stock Markets And The Globalization Of Retirement Savings: Implications Of Privatization Of Government Pensions For Securities Regulators, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Commercial Norms, Commercial Codes, And International Commercial Arbitration, Christopher R. Drahozal

Vanderbilt Journal of Transnational Law

This Article examines whether the incorporation of commercial norms into commercial codes is an appropriate law-making strategy. Most commercial codes, including the Uniform Commercial Code, regard common business practices as an important source for courts to consider when resolving contract disputes. Yet some scholars criticize this incorporation strategy, arguing that reliance on commercial norms is often inappropriate and may distort the true nature of the parties' agreement. Reliance on commercial norms does restrict the ability of contracting parties to allocate part of their agreement to extra-legal means of enforcement. Nevertheless, this Article asserts that those costs may be outweighed by …

Unlabel Their Frankenstein Foods!: Evaluating A U.S. Challenge To The European Commission's Labeling Requirements, John S. Fredland

Vanderbilt Journal of Transnational Law

The recent development of genetically-modified agriculture has been accepted enthusiastically by the U.S. agricultural producers, but the European public has expressed fear that the so-called "Frankenstein Foods" may be harmful to health and the environment. Faced with this public outcry, the European Commission. passed regulations, which mandated that food products containing genetically-modified agricultural products be labeled as such. Although the European Commission appears to have passed its labeling requirements without express or hidden protective intent, the regulations stand to make U.S. producers less competitive in the European market than their European counterparts. This Note contends that the United States should …

Combating Copyright Infringement In Russia: A Comprehensive Approach For Western Plaintiffs, David E. Miller

Vanderbilt Journal of Transnational Law

This Article addresses several measures that U.S. and European firms can undertake to combat copyright infringing activities in Russia. First, the Article attempts to dispel the notion that Russian law and the Russian government are inadequate to deal with copyright and piracy problems. In fact, recent surveys suggest that foreign plaintffs have achieved some success in arbitrazh courts. Furthermore, Russian authorities have begun to take steps to ensure that these decisions will be enforced.

Second, the Author suggests that the United States and European nations can apply pressure on the Russian Federation to ensure compliance with copyright laws in the …

Conflicts Between U.S. Law And International Treaties Concerning Geographical Indications, Christine Farley

Scholarly Articles in Law Reviews & Journals

It should not be surprising that the United States is not a major proponent of the protection of geographical indications. Countries that stand to benefit the most from this protection are those that have a long history of traditional industries, such as many European countries. These historical differences may help explain the stance that the United States has taken with regard to the protection of geographical indications, as compared to its stance towards other intellectual property rights negotiated in TRIPs Agreement. But the inability of the U.S. to benefit to the same extent as European countries, because of its apparent …

Remarks, John H. Jackson

Georgetown Law Faculty Publications and Other Works

The limits of international trade must be understood within the context of the institutional framework of the WTO, in particular, the decision-making and dispute settlement processes. The WTO dispute settlement rules are contained in the Dispute Settlement Understanding (DSU), which is Annex 2 to the WTO agreement. The DSU includes some comments on the philosophy, the direction and the purposes of the dispute settlement procedures. Article 3.2 of the DSU has some very interesting phrases. One of those phrases (roughly paraphrased) says, ''None of the reports of the dispute settlement procedure should result in a change, addition, or subtraction from …

The Perils Of Globalization And The World Trading System, John H. Jackson

Georgetown Law Faculty Publications and Other Works

The post-World War II world trading system is now more than fifty years old, and not surprisingly, it has evolved through a number of different stages of development and survived a series of perils. Recently, however, the perils seem even greater than before. The failure of the Seattle Ministerial Meeting of November-December 1999 focused the attention of the international community, almost like a prospective execution focusing the attention of the targeted person. A number of different factors have contributed to this perilous situation, and in this brief Essay, I want to look particularly at some of the institutional characteristics of …

The Annihilation Of Sea Turtles: Wto Intransigence And U.S. Equivocation, Lakshman Guruswamy

Publications

No abstract provided.

The Nafta Package And The Environment: A Green Analysis Of Its Origins And Effects, Pedro M. Morales-Gomez

LLM Theses and Essays

When the presidential candidate Clinton announced that he would not support NAFTA without environmental and labor side agreements, and during the period before NAFTA's ratification by the American Congress, Mexicans lived in most tense suspense. Even though, the idea of an environmental side agreement seemed to please most environmentalists in Mexico who hoped that this would lead to creating a major environmental conscience in the Mexican government. The purpose of this thesis is to elaborate a critical analysis of the North American Free Trade Agreement, its related documents and their effects concerning the environment, specifically its legal protection. We will …

Reflections On The Reform Of Antidumping Law A Case Study Of Anti-Dumping Law In The United States, Sung Hwan Kim

LLM Theses and Essays

As of the end of 1997, 29 of the 132 member countries of the WTO had some form of the antidumping regime in operation. Most of the antidumping measures were taken by developed countries, with the United States leading in the number of measures invocated, which lends support to the criticism that the United States has wielded the antidumping law for the purpose of protecting its noncompetitive domestic industry. Attendant to this criticism, and taking the United States antidumping law as a typical model law embodying the Antidumping Agreement, this thesis first looks at the evolution of antidumping law in …

Taxation Of U.S. Llc With Foreign Participation, Victor Ianovitch

LLM Theses and Essays

The instant thesis is organized in three main parts. The first contains an overview of U.S. law including constitutional issues of the topic focusing on the separation of tax powers between federal and state authorities with special attention to the basis and extent to which a State is entitled to impose levies on business organizations; a brief analysis of federal legislation allowing the pass-through regime; and summary concerning LLC legislation in the States. The second analyzes the application of the main, basic principles of international taxation (such as residence, source rules, application of international treaties, and connected with it the …

International Franchising: Focus On Central And Eastern Europe And Russia, Aksinia Zaharieva Dintcheva

LLM Theses and Essays

This thesis discusses and analyzes international franchising and its introduction and development in the emerging democracies in Eastern Europe. After a general presentation of the franchise marketing method, the advantages and disadvantages to both parties of the franchise relationship are discussed. Attention is given to the alternatives available to foreign franchisors contemplating international franchising in the Eastern European region. The thesis further reviews the newly enacted foreign investment laws in six Eastern European countries - Hungary, Czech Republic, Poland, Bulgaria, Romania, and Russia - as they relate to the joint venture operations in the region and the attending legal issues. …

International Joint Ventures Between France And The United States, Alexis Desreumaux

LLM Theses and Essays

This thesis focuses on two markets: France and the United States. Although these markets are competitive in several areas, sometimes some cooperation is needed in order to achieve a successful venture. The focus of this thesis is on two major issues. First, how can an American company, with a French partner, venture in France? And, second, how can a French company "invade" the U.S. market, with the help of a local company? To narrow the focus of this thesis, these " multipartite" joint ventures are to be dealt with. The thesis concerns the joint ventures made from two corporations, one …

Who Owns The Customer? The Emerging Law Of Commercial Transactions In Electronic Customer Data, Jane Kaufman Winn, James R. Wrathall

Articles

The Information Revolution is changing the way commerce acted and value is defined within transactions. Before the Internet and "e-business" took center stage, "electronic commerce" meant electronic data interchange, just-in-time inventory systems, supply chain automation, and corporate reengineering.

But the rise of the Internet as a communications medium has coincided with a shift in management focus, from merely trying to improve the efficiency of business logistics systems to a more holistic perspective on improving customer relationships. Intangible assets such as intellectual property rights, human capital in the form of employee knowledge, and established relationships with customers and suppliers are playing …

Europe's Evolving Regulatory Strategy For Gmos – The Issue Of Consistency With Wto Law: Of Kine And Brine, Robert Howse, Petros C. Mavroidis

Faculty Scholarship

This Essay deals with one question: If challenged, how would regulatory restrictions on genetically modified organisms ("GMOs") be judged by a World Trade Organization ("WTO") adjudicating body. Many of the controversies about the effect of WTO law on domestic regulation have been influenced by the view that the law as it stands may well impede the ability of governments to regulate new and uncertain risks to health and the environment. The result in the Beef Hormones case ("Hormones case") is often cited for this proposition. In this Essay we aim to show that, contrary to an increasingly widespread popular …

The Product/Process Distinction - An Illusory Basis For Disciplining 'Unilateralism' In Trade Policy, Robert L. Howse, Donald H. Regan

Articles

It has become conventional wisdom that internal regulations that distinguish between products on the basis of their production method are GATT-illegal, where applied to restrict imports (although possibly some such measures might be justified as 'exceptions' under Article XX). The aim of this article is to challenge this conventional wisdom, both from a jurisprudential and a policy perspective. First, we argue there is no real support in the text and jurisprudence of the GATT for the product/process distinction. The notion developed in the unadopted Tuna/Dolphin cases that processed-based measures are somehow excluded from the coverage of Article III (National Treatment) …