International Trade Law Commons^™

International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg

LLM Theses and Essays

Arbitration has long been regarded as a process that combines finality of decision with speed, low expense, and flexibility in solving problems. For these reasons, arbitration is often favored over litigation for dispute resolution. Particularly in international cases, a businessman may avoid litigation in a foreign country for various reasons: he may be unfamiliar with the proceedings; he may be afraid to find a “forum hostile” because of the different legal and cultural background of the judges; and he may wish to avoid the uncertainty concerning the law arising from the contract. Arbitration proceedings have been held constitutional by the …

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.

Self-Regulation In Global Electronic Markets Through Reinvigorated Trade Usages, Raj Bhala

Faculty Publications

In a global electronic market the role of trade usages must be reinvigorated to better suit the needs of market participants. Contrary to the approach to trade usages often adopted by courts and scholars, usages should not be seen as merely a device to interpret disputed terms in a contract. Rather, they should be viewed as a legal foundation for existing and new trade practices and, therefore, as a source of authority for and legal obligation arising from such practices. In sum, they should be regarded as a means by which participants in global eiectronic markets can engage in self-regulation. …

Rethinking Antidumping Law, Raj Bhala

Faculty Publications

No abstract provided.

The World Trade Organization's Agreement On Government Procurement: Expanding Disciplines, Declining Membership?, Bernard Hoekman, Petros C. Mavroidis

Faculty Scholarship

The Agreement on Government Procurement (GPA) – originally negotiated during the Tokyo Round – was renegotiated for the second time during the Uruguay Round. It is one of the WTO's so-called Plurilateral Agreements, in that its disciplines apply only to those WTO Members that have signed it. In contrast to most of the other Tokyo Round codes – e.g., the agreements on technical barriers to trade (standards), import licensing, customs valuation, subsidies, and antidumping – the GPA could not be 'multilateralized'. With the reintroduction of agriculture and textiles and clothing into the GATT, procurement has therefore become the major 'hole' …

Developing The Global Information Infrastructure, Seth D. Blumenfeld

Federal Communications Law Journal

No abstract provided.

Intelsat: Transforming A Market Leader To Meet Changing Global Telecommunications, Irving Goldstein

Federal Communications Law Journal

No abstract provided.

The Elastic Commerce Clause: A Political Theory Of American Federalism, William N. Eskridge, Jr., John Ferejohn

Vanderbilt Law Review

Federalism is sometimes said to be an unstable halfway house between unified national government and an alliance among separate the state, according to which sovereignty must ultimately be indivisible: either national institutions retain the authority to make decisions or they do not. Genuine federal arrangements are unstable under this perspective. The notion of indivisible sovereignty has a powerful hold on our view of politics, but we think it is limited, most importantly by its conflation of the question of where ultimate authority resides with the question of where state power is actually exerted. While the answer to the first question …

Banning Waste Exports: Much Ado About Nothing, Mark A. Montgomery

Buffalo Journal of International Law

No abstract provided.

The Process/Product Distinction And The Tuna/Dolphin Controversy: Greening The Gatt Through International Agreement, Alan Isaac Zreczny

Buffalo Journal of International Law

No abstract provided.

Taiwan's Application To The Gatt: A New Urgency With The Conclusion Of The Uruguay Round, Susanna Chan

Indiana Journal of Global Legal Studies

No abstract provided.

Changing Sovereignty Games And International Migration, Aristide R. Zolberg

Indiana Journal of Global Legal Studies

In this article, Professor Zolberg argues that today's

immigration issues should be analyzed within their historical bases.

He follows the formation of the modern State, with particularfo cus

on the legal and political meaning of "sovereignty" as understood

in pre-colonial times down to the World War II period. He next

identifies several late twentieth century phenomena in Europe and

elsewhere, many of which pose serious challenges to long-standing

notions of nationhood and citizenship. The author concludes that

despite the recent development of borderless markets and

communication infrastructures, much remains to be done to build a

truly global community.

The Domestic Legal Status Of The Gatt: The Need For Clarification, Thomas William France

Washington and Lee Law Review

No abstract provided.

Issues In The Design Of Formulary Apportionment In The Context Of Nafta, Richard Pomp

Faculty Articles and Papers

No abstract provided.

Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell

Indiana Journal of Global Legal Studies

No abstract provided.

Free Trade And The Environment: Will Free Trade Save China's Environment?, Paul J. Smith

Buffalo Journal of International Law

No abstract provided.

The North American Free Trade Agreement: What It Means For U.S. Coal Exports, Moya Phelleps

West Virginia Law Review

No abstract provided.

The Challenge Of Trade Liberalization To Cultural Survival On The Southern Frontier Of Mexico, June Nash

Indiana Journal of Global Legal Studies

No abstract provided.

International Trade And Environmental Development: A View From India, R. S. Pathak

Indiana Journal of Global Legal Studies

No abstract provided.

How Mexico Has Fared Under United States Trade Remedy Laws, Janet Nuzum

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Regulations To Protect The Environment In Mexico, Leopoldo Burguete-Stanek

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Rendering And Enforcing Foreign Judgments In Mexico And The United States: A Panel Discussion, Michael W. Gordon, David Epstein, Ignacio Gomez-Palacio, Charles T. Dumars

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Comentarios Sobre El Regimen Legal De Los Contratos Garantizados Con Bienes En Los Estados Unidos De America (Para Abogados Mexicanos): Articulo 9 Del Uniform Commercial Code, Frederick M. Hart

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Secured Financing Of Personal Property In Mexico: A Panel Discussion, John E. Rogers, Agustin Berdeja-Prieto, James Mayor, Michael Owen

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Hypothetical Problem. Panel Disucssions On Enforcement Of Foreign Judgments And Arbitration: The Views From Mexico And The United States, Michael W. Gordon

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Prospects For Modernization Of Financing Of Mexican Business, John E. Rogers

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Control Mechanisms In International Dispute Resolution, W. Michael Reisman

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Concluding Remarks, Leo M. Romero

United States - Mexico Law Journal (1993-2005)

No abstract provided.