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Articles 5701 - 5730 of 6483

Full-Text Articles in International Trade Law

Intellectual Property In The Uruguay Round- Negotiating Strategies Of The Western Industrialized Countries, Frank Emmert Jan 1990

Intellectual Property In The Uruguay Round- Negotiating Strategies Of The Western Industrialized Countries, Frank Emmert

Michigan Journal of International Law

The purpose of this article is not simply to add just another opinion to the debate on international IP protection. Nor does it aim to rally blind support for the position of the Western industrialized countries. Rather, this report attempts to present an objective analysis of all the important arguments of the developed and developing countries, and to evaluate in like manner all major aspects of traditional IP protection and potential regulation in GATT.


Economic Issues Under The Omnibus Trade And Competitiveness Act Of 1988: An Overview, Parick T. Lennon Jan 1990

Economic Issues Under The Omnibus Trade And Competitiveness Act Of 1988: An Overview, Parick T. Lennon

University of Miami Inter-American Law Review

No abstract provided.


Trade Protectionism And Environmental Regulations: The New Nontariff Barriers, C. Ford Runge Jan 1990

Trade Protectionism And Environmental Regulations: The New Nontariff Barriers, C. Ford Runge

Northwestern Journal of International Law & Business

This article reviews some economic and legal aspects of the growing role of environmental, health, and safety regulations operating as disguised barriers to trade. While this has always been a recognized problem in trade policy, the issue has gained new force as environmental policies move to the forefront of many national agendas. Because environmental standards have a growing national constituency, they are especially attractive candidates for disguised protectionism. International distinctions in the tolerable level of environmental risks are created because the weight attached to environmental standards tends to vary with the income levels of different countries. Incentives are created to …


Worker Rights In The Post-1992 European Communities: What "Social Europe" Means To United States-Based Multinational Employers, Donald C. Jr. Dowling Jan 1990

Worker Rights In The Post-1992 European Communities: What "Social Europe" Means To United States-Based Multinational Employers, Donald C. Jr. Dowling

Northwestern Journal of International Law & Business

The United States media have extensively covered the trade angle of the European Communities [EC] program to create a "single market" by the end of 1992. The media coverage has spotlighted the benefits the EC market will offer multinational corporations, such as the market's "economies of scale" and its 320 million consumer block. By now this 1992 news has sunk in, and many United States corporations are assessing how they might exploit the soon-to-be unified EC market.


Section 301 And The Appearance Of Unilateralism, Warren Maruyama Jan 1990

Section 301 And The Appearance Of Unilateralism, Warren Maruyama

Michigan Journal of International Law

Despite extensive criticism, section 301 is a modest statute. It directs the United States Trade Representative (USTR), subject to the direction of the President, to take action if (1) the rights of the United States under a trade agreement are being denied, or (2) an act, policy, or practice of a foreign government is "unjustifiable" and burdens or restricts U.S. commerce. It also authorizes the USTR, again subject to the direction of the President, to act if (3) an act, policy, or practice of a foreign government is "unreasonable" and burdens or restricts U.S. commerce.


The European Economic Community: Challenge And Opportunity, 24 J. Marshall L. Rev. 145 (1990), Seymour Rothstein, David M. Rosenblatt Jan 1990

The European Economic Community: Challenge And Opportunity, 24 J. Marshall L. Rev. 145 (1990), Seymour Rothstein, David M. Rosenblatt

UIC Law Review

No abstract provided.


Solutions To U.S. Antidumping And Countervailing Duty Actions Against Latin American Companies, Homer E. Moyer Jr., Catherine Curtiss Jan 1990

Solutions To U.S. Antidumping And Countervailing Duty Actions Against Latin American Companies, Homer E. Moyer Jr., Catherine Curtiss

University of Miami Inter-American Law Review

No abstract provided.


The Direct Investment Tax Initiatives Of The European Community: A View From The United States, Stanley I. Langbein, David H. Rosenbloom Jan 1990

The Direct Investment Tax Initiatives Of The European Community: A View From The United States, Stanley I. Langbein, David H. Rosenbloom

Articles

No abstract provided.


The World Trading System: Law And Policy Of International Economic Relations, Lori Fisler Damrosch Jan 1990

The World Trading System: Law And Policy Of International Economic Relations, Lori Fisler Damrosch

Faculty Scholarship

This book serves an important need by providing a clear overview of an increasingly complex subject. The author, a leading figure in international trade law, has distilled his accumulated wisdom into an accessible account of the major features of the world trading system. His intended audience includes not only lawyers, but political scientists, economists, government officials and others as well. While he acknowledges that his own "comparative advantage" is in the legal aspects of the field (p. 6), he places the legal concepts in their political and economic context to write a treatment that will be enlightening to readers from …


The Gatt Uruguay Round: Its Significance For U.S. Bilateral Trade With Korea And Taiwan, Judith H. Bello, Alan F. Holmer Jan 1990

The Gatt Uruguay Round: Its Significance For U.S. Bilateral Trade With Korea And Taiwan, Judith H. Bello, Alan F. Holmer

Michigan Journal of International Law

This article reviews the choreography of U.S. trade policy, as reflected in the U.S. government's efforts to reconcile its objectives in the Uruguay Round with its actions in its bilateral relationships with Korea and Taiwan. It illustrates how developments in four key areas of the Round - protection of intellectual property, services, investment, and agriculture - and in bilateral trade negotiations are intended to be, and can be, complementary rather than contradictory.


Panle Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Taiwan, M. H. King, K. Casey Chuang, W. S. Lin, Alvin H. Tong Jan 1990

Panle Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Taiwan, M. H. King, K. Casey Chuang, W. S. Lin, Alvin H. Tong

Michigan Journal of International Law

Transcript of the panel discussion on the impact of United States trade law on business decisions in Taiwan.


The Impact Of U.S. Trade Law Actions On Government Policy Decisions In Korea, Jong-Kap Kim Jan 1990

The Impact Of U.S. Trade Law Actions On Government Policy Decisions In Korea, Jong-Kap Kim

Michigan Journal of International Law

A brief review of the recent trends in bilateral trade and U.S. trade policies from the perspective of the United States' trading partners. Then, a presentation on the impact of U.S. trade law actions on government policy decisions in Korea. In conclussion, suggested ways to help strengthen trade relations between Korea and the United States over the long run.


Panel Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Korea, David A. Laverty, Young J. Kim, S. K. Lee Jan 1990

Panel Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Korea, David A. Laverty, Young J. Kim, S. K. Lee

Michigan Journal of International Law

Transcript of the panel discussion on the impact of United States trade law on business decisions in South Korea.


Comparative Development Strategies Of South Korea And Taiwan As Reflected In Their Respective International Trade Policies, J.W. Wheeler Jan 1990

Comparative Development Strategies Of South Korea And Taiwan As Reflected In Their Respective International Trade Policies, J.W. Wheeler

Michigan Journal of International Law

This paper examines the interplay of economic development and trade policies in South Korea and Taiwan. Although many differences exist between the two states, both have identified economic development as a central national policy goal linked explicitly to national security, even national survival. Both have targeted international trade as a key means of promoting economic development. Thus, trade policy, broadly defined, has served as one of the principal components of their economic development strategies. Of course, many other factors impinge upon trade policy formation - the national imperatives against which all policy must be weighed, economic opportunities and constraints, the …


Panel Discussion: Europe 1992, Eric Stein, Jochen A. Frowein, Jacques J.H.J. Bourgeois, Edwin Vermulst, Reinhard Quick Jan 1990

Panel Discussion: Europe 1992, Eric Stein, Jochen A. Frowein, Jacques J.H.J. Bourgeois, Edwin Vermulst, Reinhard Quick

Michigan Journal of International Law

Transcript of a panel on Europe in 1992.


European Community Trade Policies Vis-À-Vis Korea And Taiwan In The Eighties: A Comparative Perspective, Jean-François Bellis Jan 1990

European Community Trade Policies Vis-À-Vis Korea And Taiwan In The Eighties: A Comparative Perspective, Jean-François Bellis

Michigan Journal of International Law

This article will review the trade policies of the European Community towards Korea and Taiwan over the past ten years. This time period has been chosen for two reasons. In the first place, ten years ago, on November 28, 1979, the Tokyo Round of multilateral trade negotiations was concluded. At that time, the Tokyo Round was the most comprehensive GATT negotiating round ever, both in terms of trade value affected and in terms of its coverage of topics. An interesting question, therefore, is to what extent the 1979 commitments to trade liberalization were actually kept. Secondly, during the last decade …


Note, Throwing A Monkey Wrench Into The Wheels Of International Finance: Wells Fargo Asia Ltd. V. Citibank, N.A., Edmund W. Sim Jan 1990

Note, Throwing A Monkey Wrench Into The Wheels Of International Finance: Wells Fargo Asia Ltd. V. Citibank, N.A., Edmund W. Sim

Michigan Journal of International Law

This note attempts to illustrate concisely the issues and potential ramifications of Wells Fargo. After describing the complex factual and procedural histories of the case, the note briefly surveys the various approaches to the Act of State doctrine and suggests that the Court should consider Act of State issues in Wells Fargo. Next, it examines the lower courts' analyses of the case and what effects their rulings would have if the Court were to adopt them. Due to the resulting legal confusion that the lower courts' decisions would wreak on the Eurodollar community, Wells Fargo should not remain …


Anti-Diversion Rules In Antidumping Procedures: Interface Or Short-Circuit For The Management Of Interdependence?, Edwin Vermulst, Paul Waer Jan 1990

Anti-Diversion Rules In Antidumping Procedures: Interface Or Short-Circuit For The Management Of Interdependence?, Edwin Vermulst, Paul Waer

Michigan Journal of International Law

Part II of this article will diagnose the phenomenon of diversion in the context of antidumping law. Parts III and IV will address the present approaches towards diversion in the United States and the European Communities respectively. Part V will briefly compare the Australian and Canadian approaches. Part VI will evaluate the assorted propositions made in the Uruguay Round. Part VII will probe the GATT Panel report on the EC's parts amendment and its possible repercussions for the anti-diversion debate in GATT. Part VIII will provide conclusions and suggest possible improvements.


A U.S. Perspective On The Ec Hormones Directive, Holly Hammonds Jan 1990

A U.S. Perspective On The Ec Hormones Directive, Holly Hammonds

Michigan Journal of International Law

On December 31, 1985, the European Community ["EC"] adopted the "Council Directive Prohibiting the Use in Livestock Farming of Certain Substances Having a Hormonal Action" ("the Directive"). The directive, originally scheduled to take effect on January 1, 1988, prohibits the use of hormones, natural and synthetic, in livestock production and the sale of meat treated with hormones in the EC market. The United States believes that the directive violates the requirements of the Agreement on Technical Barriers to Trade ("Standards Code" or "Code").


Overview: U.S.-Korea And U.S.-Taiwan Trade Law Issues In Comparative Perspective, Clyde D. Stoltenberg Jan 1990

Overview: U.S.-Korea And U.S.-Taiwan Trade Law Issues In Comparative Perspective, Clyde D. Stoltenberg

Michigan Journal of International Law

Since the mid-1950s, the economies of Korea and Taiwan have achieved remarkable results, with annual growth rates of ten percent not unusual in some years. During the past couple of decades, they have relied heavily on export trade, particularly with the United States, to maintain rapid growth rates and continued economic development. In 1988, for example, Korea and Taiwan enjoyed a combined trade surplus with the United States of $21.6 billion on total trade of $68.4 billion.


The Structural Impediments Initiative: An Example Of Bilateral Trade Negotiation, Mitsuo Matsushita Jan 1990

The Structural Impediments Initiative: An Example Of Bilateral Trade Negotiation, Mitsuo Matsushita

Michigan Journal of International Law

In June 1990, the governments of the United States and Japan concluded the Structural Impediments Initiative ("SII"), a series of bilateral trade negotiations. The SII came about as a result of a large trade imbalance between the two countries in favor of Japan, which, despite many efforts, the United States and Japan had been unable to reduce. It was the U.S. government's perception that the real cause of the trade imbalance was not Japan's protective border measures in the form of tariffs or quantitative restrictions, such as import quotas on agricultural and leather products, but rather the oligopolistic industrial sector …


Regulation Of Imports And Foregn Investment In The United States On National Security Grounds, David Scott Nance, Jessica Wasserman Jan 1990

Regulation Of Imports And Foregn Investment In The United States On National Security Grounds, David Scott Nance, Jessica Wasserman

Michigan Journal of International Law

Traditionally, concerns over the effects of trade and investment on national security have centered upon the transfer of products and technologies with potential military uses. However, national security concerns also arise with respect to the economic and military impact of imports and of foreign acquisition of domestic assets. The United States has a longstanding statute, section 232 of the Trade Expansion Act of 1962, that allows the President to restrict imports of goods on national security grounds. More recently, another statute, popularly referred to as the Exon-Florio Act, provides the President with authority to bar the acquisition of United States …


The U.S. Importer's Perspective On U.S. Antitrade Actions Against Korea And Taiwan, Valerie A. Slater Jan 1990

The U.S. Importer's Perspective On U.S. Antitrade Actions Against Korea And Taiwan, Valerie A. Slater

Michigan Journal of International Law

A discussion of U.S. antidumping and countervailing duty law as it relates to U.S. importers, how U.S. importers react to it, and what it means to them.


U.S. Trade Policy Toward The New Nics Of Southeast Asia, Linda Y.C. Lim Jan 1990

U.S. Trade Policy Toward The New Nics Of Southeast Asia, Linda Y.C. Lim

Michigan Journal of International Law

As export and economic growth in Korea and Taiwan has slowed since 1988, it has increased dramatically in several countries of Southeast Asia. Thailand, for one, is chalking up a second year of eleven percent real GDP growth in 1989 to become the fastest-growing economy in the world. Malaysia and even the Philippines are not far behind, with growth predicted to reach the six to eight percent range for the second or third year in a row. Even Indonesia's growth is rising above five percent for the first time since the oil price slump of the early 1980s. Manufactures now …


The Hormone Conflict Between The Eec And The United States Within The Context Of Gatt, Werner P. Meng Jan 1990

The Hormone Conflict Between The Eec And The United States Within The Context Of Gatt, Werner P. Meng

Michigan Journal of International Law

For many years, consumer organizations within the European Community have demanded the prohibition of natural and synthetic hormones from use in animal fodder. Since the level of hormone use by breeders varies among Member States, demands for a hormone prohibition have also differed in intensity from State to State. After lengthy negotiations beset with legal difficulties, a general, community-wide prohibition became reality at the beginning of 1989. The price of this policy has been trade difficulties with the United States which, up to the present time,' have resulted in trade sanctions and economic losses on both sides. Since both parties …


International Regulation Of The Sale And Use Of Pesticides, Charlotte Uram Jan 1990

International Regulation Of The Sale And Use Of Pesticides, Charlotte Uram

Northwestern Journal of International Law & Business

This Article discusses international regulation of the sale and use of pesticides. It examines and compares national, regional, and international models as a means of achieving effective international regulation. For the national model, this article selected the United States because it was the first country to impose national restrictions on the export of pesticides. For the regional model, this article selected the European Economic Community because it has sovereign powers, and has been a market-driven entity. For the international model, this article selected the United Nations Food and Agriculture Organization because it has the most far-reaching code on the regulation …


Strangers In A Strange Land: Foreign Compulsion And The Extraterritorial Application Of United States Employment Law, Michael A. Jr. Warner Jan 1990

Strangers In A Strange Land: Foreign Compulsion And The Extraterritorial Application Of United States Employment Law, Michael A. Jr. Warner

Northwestern Journal of International Law & Business

The increasingly interdependent nature of the world economy has made commonplace the overseas employment of United States citizens by United States multinational corporations. When an American company employs a United States citizen in a foreign country questions arise as to what extent the United States may regulate employment activity taking place outside of United States territorial boundaries. Historically, principles of territoriality and nationality have constrained the ability of a sovereign state to prescribe conduct occurring outside of its boundaries. Under traditional principles of jurisdiction, employee relations fell predominantly under the control of the local authorities where the person or persons …


Regulation And Liberalization Of Imports And Foreign Investment And The Role Of Trade Actions In The Republic Of Korea, David A. Laverty Jan 1990

Regulation And Liberalization Of Imports And Foreign Investment And The Role Of Trade Actions In The Republic Of Korea, David A. Laverty

Michigan Journal of International Law

The Republic of Korea is well-known for its exceptionally successful export-driven economy and for the role of the Korean government in actively pursuing policies which have fostered the growth of Korean industry and the penetration of Korean products in the international marketplace. This rapid penetration of Korean products has been a source of tension among Korea's trading partners as they have sought to respond to calls from their domestic-industry constituencies for protection from the increased importation of Korean products. However, less well-known and of increasing significance to Korea itself and to the international community is not the outflow of Korean …


Japan, Sii And The International Harmonization Of Domestic Economic Practices, Gary R. Saxonhouse Jan 1990

Japan, Sii And The International Harmonization Of Domestic Economic Practices, Gary R. Saxonhouse

Michigan Journal of International Law

The Structural Impediments Initiative ("SII") discussions, the first stage of which concluded with a report on June 28 of last year, have been heralded as a new departure in international economic relations. Instead of talking about the removal of barriers at national borders, the United States and Japan have been discussing the relationship between international trade, international payments balances and domestic economic institutions. Trade negotiators have been exploring whether the harmonization of domestic economic institutions can allow for more intimate as well as more balanced economic relations between the United States and Japan. Concern with the international harmonization of institutions …


A New Look At The European Economic Community Directive On Insider Trading, Amy E. Stutz Jan 1990

A New Look At The European Economic Community Directive On Insider Trading, Amy E. Stutz

Vanderbilt Journal of Transnational Law

On 13 November 1989, the European Council passed a directive on the regulation of insider trading. This legislation is designed to coordinate the various laws of the European Economic Community states and to encourage investor confidence in their securities markets. In analyzing the directive, the author proposes the United States experience in the regulation of insider trading as a model for the efforts of the EEC. Considering both the strengths and weaknesses of the United States experience, the author describes the United States shift in emphasis from the regulation of individuals to the regulation of institutions. This shift reflects the …