International Trade Law Commons^™

African Economic Community And The Promotion Of Intra-African Trade, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.

Moving Goods And People In International Commerce: Remarks Of The Honorable Gene Mcnary, Gene Mcnary

Duke Journal of Comparative & International Law

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

This CASE DIGEST provides brief analyses of cases that represent current aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. These cases are grouped in topical categories and references are given for further research.

Dolphins And Hormones: Gatt And The Legal Environment For International Trade After The Uruguay Round, John H. Jackson

University of Arkansas at Little Rock Law Review

No abstract provided.

Dolphins And Hormones: Gatt And The Legal Environment For International Trade After The Uruguay Round, John H. Jackson

University of Arkansas at Little Rock Law Review

No abstract provided.

Rico Meets Keiretsu: A Response To Predatory Transfer Pricing, James D. Harmon

Vanderbilt Journal of Transnational Law

Japanese cartels known as keiretsu pursue illegal transfer pricing policies which cost American taxpayers billions of dollars and place American businesses at a competitive disadvantage. Keiretsu-controlled subsidiaries located in the United States buy goods, financial products or services from their Japanese parent at fraudulently inflated prices. Their dual purpose is to create artificial business expenses and costs (thereby reducing taxable income and paying little or no United States corporate income tax) and to gain an edge on American businesses through tax evasion.

Mr. Harmon proposes that American businesses respond to this problem with techniques normally used against organized crime. The …

Japan In The Ec: Changing Strategies For Changing Times, Andrea R. Reichel

Vanderbilt Journal of Transnational Law

This Note addresses the effects of European integration on Japanese-Community trade relations. It explores, in order, the effects of the customs union and the common customs tariff, the changing quota system, the Community's anti-dumping legislation and rules of origin, and voluntary export restraint agreements. The Note also considers the effect of the General Agreement on Tariffs and Trade (GATT) on these trade relations. While recognizing that the Community is taking steps to impede Japanese investment in the Community, the author observes that some of these measures may be neither legal nor effective. The author concludes that Japan is well-positioned to …

The European Community's Ucits Directive, Patrick J. Paul

Vanderbilt Journal of Transnational Law

As the twenty-first century approaches, the world is undergoing massive change. Social, political, and economic barriers are being torn down; new alliances are forming, as are new barriers. Economic stability and supremacy have replaced military supremacy in the hierarchy of a nation's policy objectives. The European Community's move toward a single market exemplifies this policy shift.

This Note focuses on one element of these global changes--internationalization of the securities market. The Note begins with an overview of the international securities market and the reasons for its increased globalization. The Investment Company Act of 1940 (the 1940 Act) that, in part, …

Res Judicata Effect Of United States International Trade Commission Patent Decisions, Hal D. Baird

Brigham Young University Journal of Public Law

No abstract provided.

Contracting In Postwar Kuwait, Paul F. Wellborn Iii

Mercer Law Review

Many of the normal rules governing Government of Kuwait ("GOK") procurements were waived in the initial phases of postwar recovery. Contracts were awarded to large firms on a cost-plus basis and certain agency requirements were waived. It is unclear how long this policy will continue in the various areas of Kuwaiti procurement. The bulk of the postwar procurement policy is likely to closely resemble the pre-war contracting procedures discussed below.

Judicial Review Of State Regulation Which Impacts Foreign Trade: A Second Look At South-Central Timber Development V. Wunnicke, York Moody Faulkner

BYU Law Review

No abstract provided.

Law As Discourse, George P. Fletcher

Cardozo Law Review

No abstract provided.

The Law As A Medium Of Communication, Richard Münch

Cardozo Law Review

No abstract provided.

Aviation Law And Regulation, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms

Sturm College of Law: Faculty Scholarship

We sought to write a comprehensive reference book for aviation lawyers and practitioners, and airline and aircraft manufactuing executives in need of vital information regarding law and government regulation in the field of commercial and general aviation. We envision this book as an aid for the neophyte and experienced practitioner alike.

Sex Discrimination On Grounds Of Pregnancy In European Community Law: The Case Of Great Britain, Ellen E. Hodgson

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Florida Legislates Its Slice Of The Hollywood Pie: A Comparison Of International Incentives For Film Production, Monica Karlene Douglas

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Other Pro Choice-Pro Life Issue: A Comparison Of Euthanasia Law In The United States And The Netherlands, Mark Stephen Thomas

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Free Trade And Environmental Protection In An Integrated Market: A Survey Of The Case Law Of The United States Supreme Court And The European Court Of Justice, Damien Geradin

Florida State University Journal of Transnational Law & Policy

No abstract provided.

State Responsibility In Case Of Stabilization Clauses, F. V. Garcia-Amador

Florida State University Journal of Transnational Law & Policy

Modern concession agreements between States and foreign corporations sometimes contain, in addition to choice-of-law clauses, the specific commitment on the part of the contracting State not to alter the terms of the concession, by legislation or by any other means, without the consent of the other contracting party. These stipulations are usually known as "stabilization" clauses. The commitment embodied in these clauses poses a special situation from the standpoint of State responsibility. Before discussing such a situation, let us first see what is the traditional position as to the international responsibility of States for measures affecting contractual rights, and also, …

Expanding The Role Of The International Court Of Justice To Resolve Interethnic Conflict And Protect Minority Rights, Paul J. Magnarella

Florida State University Journal of Transnational Law & Policy

Despite the prevalence of interethnic conflict and its threat to world order, the global constitutive process offers no universal mechanism, such as an international tribunal, to adjudicate the claims advanced by non-state, ethnic minorities. This author advocates establishing such a mechanism. During our present century, the power of politicized ethnicity in international and intra-state affairs repeatedly manifests itself around the globe in countries old and new. Ethnopolitical movements involve the mobilization of people on the bases of cultural characteristics, such as language, tradition, religion, homeland, and selected physical traits. Ethnopolitics significantly affects the world order. In 1973, Walter Connor wrote: …

International Human Rights Law In U.S. Courts, Richard B. Lillich

Florida State University Journal of Transnational Law & Policy

Although, as Professor Bilder rightly observes, "[ijnternational human rights law is derived from a variety of sources and involves many kinds of materials, both international and national, it is to national law that one must look first to determine the scope and content of the human rights recognized and protected in any country. Domestic courts confronted with human rights claims initially refer to national constitutions, laws, decrees, regulations, court and administrative decisions, and policy pronouncements for relevant rules of decision. Increasingly, however, domestic courts also are taking international human rights law into account in deciding cases. The purpose of this …

European Community Competition Law: Is The Corporate Veil Lifted Too Often, Eran Aharon Lev

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Changes In U.S. Trade And Economic Policy Towards Post-Nonmarket Economy Countries: An Example Of Poland, Joanna Gomula

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Avoiding A Collision Of Competence: The Relationship Between The Security Council And The International Court Of Justice In Light Of Libya V. United States, Scott I. Bortz

Florida State University Journal of Transnational Law & Policy

Reaction in the wake of a horrible tragedy has clarified the political hierarchy of the United Nations and helped avoid a collision of competence between the Security Council and the International Court of Justice (Court). The destruction of Pan Am Flight 103 over Lockerbie, Scotland, in December 1988, ultimately called the applicability of an international agreement into question, exacerbated an already volatile political relationship between the United States and Libya, and led to case wherein the Court was able to clarify its relationship with the Security Council. In Libya v. United States, (Lockerbie) a case that "may be the most …

Forum Non Conveniens And The Constitutional Right Of Access: A Commonwealth Caribbean Perspective, Winston Anderson

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Airlines, Airports And Antitrust: A Proposed Strategy For Enhanced Competition, Robert M. Hardaway, Paul Stephen Dempsey

Sturm College of Law: Faculty Scholarship

Most of this country's major airports are monopolies or duopolies at which one or two dominant carriers control a high percentage of terminal facilities. Airlines have used this market power to raise fares on flights originating and terminating at such airports. Although this power has been gained in part through the process of buy-outs and mergers in the airline industry itself, it has also been gained through actions taken in concert with airport authorities, such as when agreements are entered into that effectively limit the availability of airport facilities to new entrants and other competitors. Airlines, by virtue of rights …

Corcoran V. Ardra: The Impact Of Insolvency On International Reinsurance Arbitration, 25 J. Marshall L. Rev. 527 (1992), John S. Diaconis

UIC Law Review

No abstract provided.

Overview Of Section 337 Of The Tariff Act Of 1930: A Primer For Practice Before The International Trade Commission, 25 J. Marshall L. Rev. 459 (1992), William L. Lafuze, Patricia F. Stanford

UIC Law Review

No abstract provided.

Legal Acceptance Of Electronic Documents, Writings, Signatures, And Notices In International Transportation Coventions: A Challenge In The Age Of Global Electronic Commerce, Judith Y. Gliniecki, Ceda G. Ogada

Northwestern Journal of International Law & Business

This paper surveys a number of international transportation conventions with respect to their treatment of electronic means as acceptable methods of generating documents. In addition, this paper looks at the methods of satisfying the applicable formalities of writing, signature, and notice.

European Harmonization Of Data Protection Laws Threatens U.S. Participation In Trans Border Data Flow, George B. Trubow

Northwestern Journal of International Law & Business

We are in the midst of "Europe '92," the year when the European Community (EC) is to take on new shape and substance as it seeks transformation to economic and political strategies intended to enhance its position in international trade and commerce. With respect to matters of information processing and transborder data flow, the Council of Europe has prepared a draft directive concerning privacy and security regarding personal information (Privacy Directive). That draft, under consideration by the member states, is of great importance to the rest of the world since it contemplates that EC members will not exchange information with …