International Trade Law Commons^™

Law Practice Of U.S. Attorneys In Mexico And Mexican Attorneys In The United States: A Status Report, Steven C. Nelson

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Foreign Investment In The Financial Sector Of Mexico, Mike Lubrano

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Gatt Non-Violation Issues In The Wto Framework: Are They The Achilles’ Heel Of The Dispute Settlement Process?, Sungjoon Cho

All Faculty Scholarship

No abstract provided.

U.S. Income Taxation Of Foreign Parties: A Primer, Ernest R. Larkins

Syracuse Journal of International Law and Commerce

Over the last five years for which data are available, the number of foreign corporations showing net income on Form 1120F, U.S. Income Tax Return of a Foreign Corporation, has increased 36.5 percent. [1] In addition, the number of individuals granted temporary stays in the United States as non-immigrants has steadily increased from 9.5 million in 1985 to 24.8 million in 1996, an average annual increase of 9.1 percent. [2] These increases evidence growing opportunities to serve international clients and suggest that tax professionals must have a fundamental working knowledge of the way the U.S. tax system treats foreign parties. …

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Economic Espionage: The Front Line Of A New World Economic War

Syracuse Journal of International Law and Commerce

No abstract provided.

Sovereignty And Delegation Issues Regarding U.S. Commitment To The World Trade Organization's Dispute Settlement Process, Mari Presley

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Syracuse Journal Of International Law And Commerce - Vol. 26, No. 1 (Complete)

Syracuse Journal of International Law and Commerce

No abstract provided.

1997-1998 Survey Of International Law In The Second Circuit

Syracuse Journal of International Law and Commerce

This survey reviews significant case law from the United States Court of Appeals for the Second Circuit, the Federal District Courts in New York, and the New York Court of Appeals decided from Aug. 1, 1997 through Aug. 1, 1998. Only those cases which overturned old law and/or broke new ground were included in this survey. Consequently, cases that simply reaffirmed previous decisions were not reported.

Table of Contents I. Foreign Sovereign Immunity Act II. Forum Non-Conveniens III. Immigration and Nationality Act IV. Quasi-In-Rem Jurisdiction and the Question of Due Process for Foreign Entities V. Warsaw Convention

Saddam Hussein As Hostes Humani Generis? Should The U.S. Intervene?, Edieth Y. Wu

Syracuse Journal of International Law and Commerce

This article discusses several jurisdictional principles which may assist the United States in its efforts to acquire jurisdiction in certain situations that are declared, by the United States, egregious enough to warrant intervention. The United States has long used the "effects doctrine" 1 to assert extraterritorial jurisdiction. This article concentrates on developing and employing the Hostes Humani Generis Theory 2 and its past and possible future use. The central focus is to determine whether the possibility exists that the United States may use the theory in an effort to acquire physical jurisdiction over Saddam Hussein.

A survey, though not comprehensive, …

Amalgam In The Americas: A Law School Curriculum For Free Markets And Open Borders, Mark A. Drumbl

Scholarly Articles

Within the context of NAFTA, understanding the legal structure of other signatories requires familiarity with both common law and civil law. Although a fairly large number of civilian lawyers attend LL.M. programs in the United States, few American lawyers learn the civil law, especially the civil law of Mexico and Mexico's Latin American counterparts. Surprisingly, American and Canadian law schools have paid little attention to preparing graduates for the type of transnational legal practice that will arise under NAFTA.A lack of preparedness at the graduate college level has invariably led to “a lack of knowledge on the United States side …

The Protection Of International Investment At The Start Of The Twenty-First Century: Will Anachronistic Notions Of Business Render Irrelevant The Oecd's Multilateral Agreement On Investment, 31 J. Marshall L. Rev. 1201 (1998), Michael P. Avramovich

UIC Law Review

No abstract provided.

When “Cultural Identity Was Not At Issue”: Thinking About Canada - Certain Measures Concerning Periodicals, Chios Carmody

Law Publications

No abstract provided.

Old Treaties Never Die, They Just Lose Their Teeth: Authentication Needs Of A Global Community Demand Retirement Of The Hague Public Documents Convention, 31 J. Marshall L. Rev. 1045 (1998), Keith D. Sherry

UIC Law Review

No abstract provided.

Most Favored Nation Trade Status And China: The Debate Should Stop Here, 31 J. Marshall L. Rev. 1321 (1998), Di Jiang-Schuerger

UIC Law Review

No abstract provided.

Wto And Un Law, Antonio F. Perez

Scholarly Articles

This Article argues that the U.S. and EC views of the national security interests exceptions reflect competing conceptions of the WTO legal order. Under the first, the WTO is viewed as merely an agreement between states governing a limited issue area, the disciplining of protectionist policies, under which other issue areas are reserved to sovereign state decisionmaking or, alternatively, whatever other international institutions states have separately granted competence for management of the issue. Under this view, the United States might well argue that its Helms-Burton sanctions are outside the jurisdiction of the WTO and instead within the jurisdiction of the …

Recent Developments: Nonconforming Goods Under The Cisg - What's A Buyer To Do?

Penn State International Law Review (1982 - 2011)

No abstract provided.

An International Drug Administration: Curing Uncertainty In International Pharmaceutical Product Liability, Katherine A. Davis

Northwestern Journal of International Law & Business

This comment will demonstrate how discrepancies among product li- ability standards and different interpretations of their application have cre- ated fear and uncertainty in the pharmaceutical industry. This fear has caused distortions in the market, increased costs for both manufacturers and consumers, and chilled the research and development of new products. To combat these problems, this comment proposes that the United States, the European Union, and Japan work together to create a new international, uniform system of product liability for pharmaceutical products. Harmo- nizing the standard of liability for pharmaceuticals among these regimes has proven inadequate to stop inconsistency and …

Impact Of Foreign Investment On Indigenous Culture: An Intellectual Property Perspective, 23 N.C. J. Int'l L. & Com. Reg. 229 (1998), Doris E. Long

UIC Law Open Access Faculty Scholarship

No abstract provided.

Dispute Resolution And The Treaty Of Guadalupe Hidalgo: Parallels And Possible Lessons For Dispute Resolution Under Nafta, George A. Martinez

Faculty Journal Articles and Book Chapters

This article seeks to briefly discuss the experience of Mexicans and their Mexican-American heirs in litigating their rights under the Treaty of Guadalupe Hidalgo. It seeks to ask whether there may be any parallels and possible lessons to be learned from the litigation experience of Mexican claimants under the earlier Treaty for the NAFTA parties - especially Mexico - as the NAFTA parties engage in dispute resolution.

Part II of this article sets out the background of the Treaty, including a brief review of the United States-Mexican War. It describes the terms of the Treaty and observes that Mexico had …

Potential Implications Of Future Wto Negotiations For North American Broadcasting Policies: An Overview, Gus Van Harten

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Limiting Greenhouse Gas Emissions Through Emissions Trading: An Interim Report, Richard Parker

Faculty Articles and Papers

The H. John Heinz III Center for Science, Economics and the Environment has gathered a prominent group of policy analysts to consider how the United States might implement its Kyoto commitment, using tradable permits in tandem with other methods. The draft report of the group, entitled Limiting Greenhouse Gas Emissions Through Emissions Trading: Interim Report, examines four policy options. This Memorandum considers whether any of these options appear likely to conflict with United States international trade obligations under the newly established Uruguay Round Agreement Establishing the World Trade Organization (‘WTO Agreement’).

This summary outlines the relevant law and summarizes my …

The Chinese System Of Administrative Protection For Pharmaceuticals, 31 J. Marshall L. Rev. 1165 (1998), J. Michael Warner, Han Xiaoquing

UIC Law Review

No abstract provided.

Peace Through Trade? Developments In Palestinian Trade Law During The Peace Process, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Combating The Ilicit Art Trade In The European Union: Europol's Role In Recovering Stolen Artwork, Jennifer Sultan

Northwestern Journal of International Law & Business

In order to provide a context for a discussion of how to effectively combat the art theft problem, Part II of this comment will examine the vari- ous incentives that encourage art theft. Parts I, IV, and V will explain the background and key provisions of two international conventions and one regional directive that address the problem of art theft in the EU. Part VI will analyze the strengths and shortcomings of the existing legal regime ac- cording to the two conventions and a directive. Part VII will discuss three mechanisms that have been somewhat successful in the recovery of …

The Cisg Convention And Thomas Franck's Theory Of Legitimacy, Anthony S. Winer

Northwestern Journal of International Law & Business

The Contracts for the International Sale of Goods (CISG) Convention is one of the most talked-about, and written-about, aspects of international commercial law. Ss time progresses, it may become evident that significant numbers of commercial actors and significant numbers of courts and other adjudicatory bodies are simply choosing not to apply the Convention. In such event, the question as to why there should be such a reluctance to adopt the Convention will present itself. This Article finds helpful perspective on this question in the work of international legal scholar Thomas Franck. Specifically, guidance is drawn from the theory of international …

The Sps Agreement Of The World Trade Organization And International Organizations: The Roles Of The Codex Alimentarius Commission, The International Plant Protection Convention, And The International Office Of Epizootics, Terence P. Stewart, David S. Johanson

Syracuse Journal of International Law and Commerce

The proper fanctioning of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) of the World Trade Organization (WTO) depends in part upon three international organizations, the Codex Alimentarius Commission (Codex), the International Plant Protection Convention (IPPC), and the International Office of Epizootics (OIE). The SPS Agreement states that the sanitary and phytosanitary (SPS) standards of these organizations are the benchmark international standards for WTO members, and recent WTO decisions demonstrate the importance of international standards in the settlement of WTO disputes involving SPS measures. The Codex, IPPC, and OIE also provide valuable services that benefit the …

Book Review, Henry H. Perritt Jr.

Syracuse Journal of International Law and Commerce

Book Review: Richard Haas, The Reluctant Sheriff: The United States After the Cold War, New York, Council on Foreign Relations (1997)

A Dynasty Weaned From Biotechnology: The Emerging Face Of China

Syracuse Journal of International Law and Commerce

No abstract provided.

Indigenous Nations And International Trade, Robert Berry

Librarian Publications

In an era where economic policy must be increasingly fashioned in global terms, the economies of Indigenous Nations in present-day Canada and the United States remain isolated from international commerce.These nations--once independent, now governed by a supervising state --in most cases cannot be said to enjoy evenan unhindered access to commerce within the states that surround them. Indeed, the insularity of the North American Indigenous Nations is a fundamental feature of their existence and, too, a formidable barrier to these nations' ability to establish vibrant and diversified economies.

This Note examines the central role that trade played in relations …