International Trade Law | Open Access Articles

Foreign Direct Investment In Indonesia: A Comparison Of Industrialized And Developing Country Investors, 22 Law & Pol'y Int'l Bus. 75 (1991), Karen H. Cross

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Computer Software As Articles Of Commerce In International Trade: The Surprising Study Of Singapore's Software Subsidies, 4 Software L.J. 399 (1991), Lawrence M. Friedman, Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.

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International Joint Venture Franchising: A Key Investment Strategy For Eastern Europe, Obie L. Moore

LLM Theses and Essays

This paper analyzes international franchising as it relates to economic and cultural changes that are occurring in Eastern Europe. After consideration of the general legal implications and responsibilities of franchise relationships, certain unique qualities of franchising that lend themselves to the development of a free market economy in Eastern Europe are discussed. Particular attention is given to franchising as a vehicle to foster entrepreneurialism and privatized state-owned enterprises, and the major differences between a joint venture franchise and other forms of international franchising. The advantages and disadvantages to both parties of an international joint venture franchise in Eastern Europe are …

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Negotiating Investment In The Gatt: A Call For Functionalism, Paul Bryan Christy Iii

Michigan Journal of International Law

In part, this article is about the conflict between literalism and functionalism in the GATT. It examines an attempt in the Uruguay Round to negotiate rules on foreign direct investment - the so-called trade-related investment measures (TRIMs) negotiations. Foreign direct investment is often a stage in the internationalization of enterprises; it is helpful to the trade of goods producers and necessary to the trade of many services providers. Affected by the output-oriented history of the GATT, however, the Contracting Parties have treated investment as though it were simply one of three legs of an economic triangle: goods, services, investment. In …

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Strategy And Compliance With Bilateral Trade Dispute Settlement Agreements: Ustr's Section 301 Experience In The Pacific Basin, Michael P. Ryan

Michigan Journal of International Law

The paper is laid out in five parts. First, the conceptual linkages among strategy, goals, and agreement compliance are developed. Second, the study research design and findings are reported. Third, the strategy of trade dispute settlement negotiation is discussed with regard to bureaucratic politics. Fourth, case evidence that illustrates the key study findings is reviewed. Finally, effective monitoring and the notion of unilateral surveillance within the context of the present GATT-based, multilateral trading system are explored.

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Can Antidumping Law Apply To Trade In Services?, Hideaki Kubo

Michigan Journal of International Law

In this paper, the author will investigate whether current U.S. antidumping law can apply to trade in services. Because service industries vary significantly in nature, the author takes an industry-specific approach, selecting three service industries - insurance, banking, and construction - and discussing possible problems in applying the U.S. antidumping law to these industries.

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Books Received, Michigan Journal Of International Law

Michigan Journal of International Law

List of books received by the Journal.

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Developing A Standard For Politically Related State Economic Action, Clinton E. Cameron

Michigan Journal of International Law

This Note will give an analysis of the scholarship that has appeared in this field, as well as the actual practice of States, to determine if any fixed rules have been established in this area, and if so, what they are. It will do so by looking at the debates that have taken place concerning the application of the language and underlying principles of the U.N. Charter in order to see if these norms of State action prohibit economic diplomacy. The Note will then look to the actual practice of States to determine whether it provides adequate evidence of opinion …

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Barriers To Foreign Direct Investment In Japan, John M. Bowler

Vanderbilt Journal of Transnational Law

Recent polls indicate a dramatic surge in anti-Japanese sentiment in the United States. Sources of this sentiment are Japanese purchases of high-profile United States companies and real estate and the lack of similar opportunities for United States firms in Japan. This Note recognizes that although Japanese interest in mergers and acquisitions has increased, this interest focuses on foreign companies. The reason for the lack of activity within Japan are the various legal, structural, and cultural barriers that impede acquisitions, both foreign and Japanese, of Japanese companies. First, this Note considers T. Boone Pickens Jr.'s recent battle for seats on the …

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Combatting Piracy Of Intellectual Property In International Markets: A Proposed Modification Of The Special 301 Action, Theodore H. Davis

Vanderbilt Journal of Transnational Law

Increasing losses attributable to the piracy of United States intellectual property rights in international trade have forced domestic policymakers to reexamine how best to protect these rights. This Article examines the United States most recent bilateral strategy to protect intellectual property, the Special 301 action, which creates a virtually mandatory United States Trade Representative (USTR) investigation into states that have inadequate intellectual property laws or that deny fair market access to United States citizens who rely on intellectual property protection. Part One of this Article discusses the historic interaction between United States intellectual property protection and trade measures. Part Two …

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Building On Macnamara V. Korean Air Lines, Steven M. Tapper

Vanderbilt Journal of Transnational Law

This Note explores the possibility of applying Title VII's disparate impact liability theory against foreign companies operating under Treaties of Friendship, Commerce, and Navigation (FCN Treaties). The author questions the reasoning of MacNamara v. Korean Air Lines, which applied disparate treatment, but not disparate impact, against a Korean company operating under an FCN Treaty. According to MacNamara, if courts permit plaintiffs in Title VII-FCN Treaty cases to utilize the disparate impact theory and cite statistical disparities in the racial composition of the work force as evidence of discrimination, employers could be held liable merely for exercising their FCN Treaty rights. …

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Re-Evaluating The Status Of Flags Of Convenience Under International Law, David F. Matlin

Vanderbilt Journal of Transnational Law

This Note re-examines the role and status of flags of convenience in the international shipping arena. The author argues that universal condemnation of flags of convenience or open ship registration is unwarranted from legal and factual standpoints. The Note first examines the significance of ship nationality as a means of regulating conduct on ships when at sea or in foreign ports. This analysis leads into an examination of the methods states use to ascribe nationality to vessels. The author then analyzes attempts to impose "genuine link" requirements in several conventions and questions whether such requirements are legitimate under customary international …

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Acquisition Strategies For Taiwanese Acquirers, Chao-Yu Hsu

LLM Theses and Essays

Corporate acquisitions have been a prevailing technique for takeovers in the U.S. and internationally for many years. However, corporate acquisitions are just in their initial stages in Taiwan. Acquisitions between Taiwanese companies have not occurred frequently and going abroad to acquire a company in a foreign country is an infrequent measure. Following the international trend to acquire U.S. corporations, Taiwanese companies are attempting to follow suit. The major purpose of this thesis is to introduce the techniques used in the acquisition of a U.S. corporation and the factors that should be considered before doing so with a focus on Taiwanese …

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Current Administration Of U.S. Antidumping And Countervailing Duty Laws: Implications For Prospective U.S.-Mexico Free Trade Talks, Stephen J. Powell, Craig R. Giesse, Craig L. Jackson

UF Law Faculty Publications

This Article discusses the current administration of the U.S. antidumping and countervailing duty laws in proceedings involving products from Mexico. Specifically, this Article begins by providing an overview of the basic statutory and regulatory provisions of the U.S. antidumping duty law, emphasizing the application of certain provisions in cases involving imports from Mexico. The Article then focuses its discussion upon recent developments in the U.S. countervailing duty law that have had a unique effect upon Mexican exporters. The Article continues by highlighting the antidumping and countervailing duty provisions of the recently concluded U.S.-Canada Free Trade Agreement (the "FTA" or "Agreement"). …

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More Lessons From Japan: End Industrywide Collective Bargaining?, Robert H. Lande, Richard O. Zerbe Jr.

All Faculty Scholarship

The number of books and articles discussing Japanese management techniques with an eye to transplanting them to the United States is staggering. Americans understandably are impressed by Japanese efficiency and like to think the adoption of some of their techniques will aid our own industries. Often these proposals seem fanciful and fail to recognize the many differences between the two countries, their economic systems and cultures.

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A Little Color In A World Of Gray: The Survival Of Customs' Common Control Exception In The Gray Market

Washington and Lee Law Review

No abstract provided.

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Autolatina V. Brazil: A Multinational Tells Brazilian Prices To Take A Hike, Lisa Landy

University of Miami Inter-American Law Review

No abstract provided.

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A Response To Colombian Coal Imports: The Path To New Competitiveness For The U.S. Coal Industry, Paul Sarahan

West Virginia Law Review

No abstract provided.

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Return To Europe: Integrating Eastern European Economies Into The European Market Through Alliance With The European Community, Amy Deen Westbrook, David A. Westbrook

Journal Articles

No abstract provided.

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The United States' Enforcement Of The Convention On International Trade In Endangered Species Of Wild Fauna And Flora, Meena Alagappan

Northwestern Journal of International Law & Business

Species loss is an extremely serious, continuing problem. While habitat destruction poses one of the most imminent threats to the survival of wild animals and plants, international trade in wildlife is also a major cause of diminishing biological diversity worldwide. The global market for wildlife is very large, and the goods involved are usually luxury items, such as fur coats and ivory carvings. When this trade is not harnessed, it often tips the balance toward extinction for various forms of wildlife.

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Legal And Policy Perspectives On United States Trade Initiatives And Economic Liberalization In The Republic Of China, Lawrence S. Liu

Michigan Journal of International Law

This article examines the legal and policy perspectives of U.S. trade initiatives toward the ROC in the last decade and their impact on economic liberalization in Taiwan. Part I sets forth the basic legal, policy and structural framework of this bilateral trade relationship. Part II is a sectoral retrospect of the major bilateral trade issues dealt with in the last decade. Part III presents an analysis of the' recent efforts of the ROC to liberalize its trading system and economy, the primary issues and prospects of such liberalization, and their causal relations with American trade initiatives toward Taiwan. Part IV …

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Gatt And The European Community: A Formula For Peaceful Coexistence, Frederick M. Abbott

Michigan Journal of International Law

This article addresses the relationship between the GATT, the European Community and other RTAs as and when trade in services and other "new areas" are incorporated into the GATT framework. The article first discusses the conceptual justifications for RTAs (as an alternative to utopian global free trade) in order to provide background for considering whether the privileges accorded RTAs under the existing GATT framework should be extended to new areas and, if so, how far. It is observed that "state of the art" tools of economic analysis do not provide adequate guidance as to the global welfare costs or benefits …

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The Impact Of U.S. Trade Law On Government Policy Making In The Republic Of China, P. K. Chiang

Michigan Journal of International Law

Since President Reagan signed the Omnibus Trade Act on August 23, 1988, the U.S. government has completed a series of investigations according to the provisions of the Act. Consultations aimed at forcing its trading partners to adjust their trade- policies which are regarded as unfair to U.S. trade have also been held in the past ten months or so. Being one of the most important trading partners of the U.S. – both in terms of its overall trade volume and its surplus with the U.S. – the Republic of China on Taiwan (ROC) seems to have become a target of …

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Cites And The Regulation Of International Trade In Endangered Species Of Flora: A Critical Appraisal, William C. Burns

Penn State International Law Review (1982 - 2011)

This article focuses on the effectiveness of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in preserving endangered species of flora. The overarching thesis will be that the Convention has contributed to the protection of flora, but several measures are still necessary to strengthen implementation of the treaty at the beginning of the next crucial,.decade. The analysis of this thesis will examine the importance of flora species as a global resource and examine the historical record, of CITES to effectively preserve endangered flora species. Finally, .this article proffers several proposals intended to enhance the …

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Current Administration Of U.S. Antidumping And Countervailing Duty Laws: Implications For Prospective U.S.-Mexico Free Trade Talks, Stephen J. Powell, Craig R. Giesse, Craig L. Jackson

Northwestern Journal of International Law & Business

U.S.-Mexico trade relations are changing at a rapid pace. In 1985, the United States and Mexico entered into a bilateral trade agreement that seeks to eliminate the subsidization of manufactured products. One year later, Mexico became a signatory to the General Agreement on Tariffs and Trade (the "GATT"), the multilateral accord that governs world trade in manufactured and agricultural products. In 1987, the two countries entered into a framework agreement that establishes a consultative mechanism designed to resolve bilateral trade disputes involving such issues as intellectual property protection, direct foreign investment, and trade in goods and services.

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The Waste Export Control Act: Proposed Legislation And The Reagan-Era Legacy To International Environmental Protection, Alan Neff

Northwestern Journal of International Law & Business

On May 31, 1989, four Representatives introduced in the U.S. House of Representatives the Waste Export Control Act'("WECA"). According to the bill's bipartisan sponsors, its purpose is to regulate the export of solid waste from the United States to foreign countries more stringently than existing federal laws and regulations. Three House sub- committees have held hearings in 1988 and 1989 on exports of solid wastes-in advance of, and since, introduction of the legislation discussed in this Article.

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United States Coastwise Trading Restrictions: A Comparison Of Recent Customs Service Rulings With The Legislative Purpose Of The Jones Act And The Demands Of A Global Economy, Robert L. Mcgeorge

Northwestern Journal of International Law & Business

Fierce policy disputes are inevitable whenever two basic, widely-accepted principles intersect in a situation where one must prevail and the other give way. In the maritime field, these disputes occur whenever a nation-state is forced to choose between promoting free and open trade in maritime services or protecting its domestic merchant marine. The clash of these policies has generated vigorous debates in the United States on a wide variety of maritime issues (e.g., cargo preference requirements, operating and construction differential subsidies, vessel construction loan guarantee programs and whether to retaliate against foreign countries' attempts to reserve import and export trades …

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Red Raspberries: Effective Dispute Settlement In The Canada-United States Free Trade Agreement, Thomas M. Boddez, Alan M. Rugman

Northwestern Journal of International Law & Business

By negotiating the Free Trade Agreement (FTA) with the United States, the Canadian government sought to ensure its exporters more secure and predictable access to the huge United States market, where a majority of Canadian foreign trade is conducted. Canadian exporters were especially concerned with the increased imposition of antidumping (AD) and countervailing duties (CVD) by the United States. Trade laws in the United States are effected through the International Trade Commission (ITC) and the International Trade Administration of the Department of Commerce (ITA). These bodies are central to the bifurcated, quasi-judicial administrative system used in the United States to …

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The Controls On The Transfrontier Movement Of Hazardous Waste From Developed To Developing Nations: The Goal Of A "Level Playing Field", Michelle M. Vilcheck

Northwestern Journal of International Law & Business

In the 1970s, the United States Congress began passing national environmental legislation. One reason for such legislation was to "level the playing field" among the fifty states so that economic advantage did not accrue to one state at the expense of environmental quality and public health.' The world now faces a similar need for environmental legislation on an international level. Environmental laws of individual nations have become more and more divergent as developed countries, such as the United States, enact tougher environmental laws, while less developed nations fail to enact any environmental regulations. The variant standards of these environmental laws …

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International Trade And Investment Regulation: Developing Jurisprudence In Taiwan, Paul S.P. Hsu

Michigan Journal of International Law

Past and present economic development in the Republic of China has provided a model for a successful experiment whereby a society under a workable economic and social system with very limited natural resources makes the most of what it has. Yet, the momentum of the development will not permit the R.O.C. to rest at its present stage or to reminisce about past achievements. Clearly, many more stages of economic development lie ahead. Other industrially advanced nations that operate under similar limitations, such as the Netherlands, Sweden, and Switzerland, have higher per capita income, better quality of life, and a more …

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Full-Text Articles in International Trade Law

Foreign Direct Investment In Indonesia: A Comparison Of Industrialized And Developing Country Investors, 22 Law & Pol'y Int'l Bus. 75 (1991), Karen H. Cross

UIC Law Open Access Faculty Scholarship

Computer Software As Articles Of Commerce In International Trade: The Surprising Study Of Singapore's Software Subsidies, 4 Software L.J. 399 (1991), Lawrence M. Friedman, Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

International Joint Venture Franchising: A Key Investment Strategy For Eastern Europe, Obie L. Moore

LLM Theses and Essays

Negotiating Investment In The Gatt: A Call For Functionalism, Paul Bryan Christy Iii

Michigan Journal of International Law

Strategy And Compliance With Bilateral Trade Dispute Settlement Agreements: Ustr's Section 301 Experience In The Pacific Basin, Michael P. Ryan

Michigan Journal of International Law

Can Antidumping Law Apply To Trade In Services?, Hideaki Kubo

Michigan Journal of International Law

Books Received, Michigan Journal Of International Law

Michigan Journal of International Law

Developing A Standard For Politically Related State Economic Action, Clinton E. Cameron

Michigan Journal of International Law

Barriers To Foreign Direct Investment In Japan, John M. Bowler

Vanderbilt Journal of Transnational Law

Combatting Piracy Of Intellectual Property In International Markets: A Proposed Modification Of The Special 301 Action, Theodore H. Davis

Vanderbilt Journal of Transnational Law

Building On Macnamara V. Korean Air Lines, Steven M. Tapper

Vanderbilt Journal of Transnational Law

Re-Evaluating The Status Of Flags Of Convenience Under International Law, David F. Matlin

Vanderbilt Journal of Transnational Law

Acquisition Strategies For Taiwanese Acquirers, Chao-Yu Hsu

LLM Theses and Essays

Current Administration Of U.S. Antidumping And Countervailing Duty Laws: Implications For Prospective U.S.-Mexico Free Trade Talks, Stephen J. Powell, Craig R. Giesse, Craig L. Jackson

UF Law Faculty Publications

More Lessons From Japan: End Industrywide Collective Bargaining?, Robert H. Lande, Richard O. Zerbe Jr.

All Faculty Scholarship

A Little Color In A World Of Gray: The Survival Of Customs' Common Control Exception In The Gray Market

Washington and Lee Law Review

Autolatina V. Brazil: A Multinational Tells Brazilian Prices To Take A Hike, Lisa Landy

University of Miami Inter-American Law Review

A Response To Colombian Coal Imports: The Path To New Competitiveness For The U.S. Coal Industry, Paul Sarahan

West Virginia Law Review

Return To Europe: Integrating Eastern European Economies Into The European Market Through Alliance With The European Community, Amy Deen Westbrook, David A. Westbrook

Journal Articles

The United States' Enforcement Of The Convention On International Trade In Endangered Species Of Wild Fauna And Flora, Meena Alagappan

Northwestern Journal of International Law & Business

Legal And Policy Perspectives On United States Trade Initiatives And Economic Liberalization In The Republic Of China, Lawrence S. Liu

Michigan Journal of International Law

Gatt And The European Community: A Formula For Peaceful Coexistence, Frederick M. Abbott

Michigan Journal of International Law

The Impact Of U.S. Trade Law On Government Policy Making In The Republic Of China, P. K. Chiang

Michigan Journal of International Law

Cites And The Regulation Of International Trade In Endangered Species Of Flora: A Critical Appraisal, William C. Burns

Penn State International Law Review (1982 - 2011)

Current Administration Of U.S. Antidumping And Countervailing Duty Laws: Implications For Prospective U.S.-Mexico Free Trade Talks, Stephen J. Powell, Craig R. Giesse, Craig L. Jackson

Northwestern Journal of International Law & Business

The Waste Export Control Act: Proposed Legislation And The Reagan-Era Legacy To International Environmental Protection, Alan Neff

Northwestern Journal of International Law & Business

United States Coastwise Trading Restrictions: A Comparison Of Recent Customs Service Rulings With The Legislative Purpose Of The Jones Act And The Demands Of A Global Economy, Robert L. Mcgeorge

Northwestern Journal of International Law & Business

Red Raspberries: Effective Dispute Settlement In The Canada-United States Free Trade Agreement, Thomas M. Boddez, Alan M. Rugman

Northwestern Journal of International Law & Business

The Controls On The Transfrontier Movement Of Hazardous Waste From Developed To Developing Nations: The Goal Of A "Level Playing Field", Michelle M. Vilcheck

Northwestern Journal of International Law & Business

International Trade And Investment Regulation: Developing Jurisprudence In Taiwan, Paul S.P. Hsu

Michigan Journal of International Law