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Articles 5791 - 5820 of 6483

Full-Text Articles in International Trade Law

Protecting First World Assets In The Third World: Intellectual Property Negotiations In The Gatt Multilateral Framework, Frederick M. Abbott Jan 1989

Protecting First World Assets In The Third World: Intellectual Property Negotiations In The Gatt Multilateral Framework, Frederick M. Abbott

Vanderbilt Journal of Transnational Law

This Article addresses industrialized countries' growing concerns over technology transfer and their efforts to obtain protection of intellectual property rights under the General Agreement on Tariffs and Trade (GATT). Mr. Abbott analyzes the intellectual property problem in the context of the GATT framework and the weakness of current intellectual property protection. Developing countries do not accept the United States contention either that intellectual property is covered implicitly by the GATT or that the current lack of protection reflects a fundamental flaw in the General Agreement. Mr. Abbott focuses on this disagreement in laying out the framework for possible solutions, which …

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Notice-And-Comment Rights For Administrative Decisions Affecting International Trade: Heightened Need, No Response, William Araiza Jan 1989

Notice-And-Comment Rights For Administrative Decisions Affecting International Trade: Heightened Need, No Response, William Araiza

Faculty Scholarship

No abstract provided.

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The Vienna Sales Convention 1980 And The Hague Uniform Laws On International Sale Of Goods 1964: A Comparative Analysis, Muna Ndulo Jan 1989

The Vienna Sales Convention 1980 And The Hague Uniform Laws On International Sale Of Goods 1964: A Comparative Analysis, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.

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Uruguay Round Trips: A Bibliographic Essay, William M. Walker Jan 1989

Uruguay Round Trips: A Bibliographic Essay, William M. Walker

Vanderbilt Journal of Transnational Law

The Uruguay Round of multilateral trade negotiations began with a special ministerial meeting of the Contracting Parties to the General Agreement on Tariffs and Trade (GATT) held in Punta del Este, Uruguay, on September 20, 1986. "Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods" (TRIPs) is a designated subject for negotiation in the Uruguay Round. The inclusion of intellectual property rights in the Uruguay Round is the culmination of a process that began during the Tokyo Round. While the Tokyo Round was in progress, the United States and the European Community reached a tentative accord on various …

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The Death Of Ideology In Soviet Foreign Investment Policy, Christopher Osakwe Jan 1989

The Death Of Ideology In Soviet Foreign Investment Policy, Christopher Osakwe

Vanderbilt Journal of Transnational Law

This Article's primary thesis is that the Soviet Government's decision to permit the creation of international joint ventures in the Soviet Union is a major instrument of the policy of perestroika. As such, the stability and profitability of any international commercial joint enterprise in the Soviet Union is inextricably linked with the fate of perestroika. If perestroika succeeds, the Soviet Union will have a market-oriented socialist economy, fully integrated into the world economy. By virtue of this success, Western investors and entrepreneurs will be in a position to make deeper, more profitable, and more lasting inroads into the Soviet economy. …

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Intellectual Property And International Trade: Merger Or Marriage Of Convenience?, R. Michael Gadbaw Jan 1989

Intellectual Property And International Trade: Merger Or Marriage Of Convenience?, R. Michael Gadbaw

Vanderbilt Journal of Transnational Law

This Article examines the interaction between trade and intellectual property rights policies through certain key developments in United States law, the General Agreement on Tariffs and Trade (GATT) and the World Intellectual Property Organization (WIPO). While this brief review is not intended to provide a definitive analysis, it will offer worthwhile insights into the prospects for, and implications of, such a merger. For this purpose, this Article considers the efforts in GATT to negotiate a code on intellectual property rights and the parallel efforts in WIPO to negotiate a treaty for the protection of semiconductor designs. While the GATT talks …

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International Trade And Intellectual Property: Promise, Risks, And Reality, Congressman Robert W. Kastenmeier, David Beier Jan 1989

International Trade And Intellectual Property: Promise, Risks, And Reality, Congressman Robert W. Kastenmeier, David Beier

Vanderbilt Journal of Transnational Law

The trading nations of the world are set to make decisions that will determine the future pattern of international trade. Negotiations are currently underway to bring trade in certain agricultural products, services, and goods and services protected as intellectual property" within the General Agreement on Tariffs and Trade (GATT). This Article will outline how the consideration of intellectual property came to be included in this round of talks. It will assess the potential benefits and risks of including intellectual property, forecast the probable outcome, and, finally, suggest ways to improve the chances for inclusion of intellectual property into the GATT. …

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The New Section 301 Of The Omnibus Trade And Competitiveness Act Of 1988, Steven R. Phillips Jan 1989

The New Section 301 Of The Omnibus Trade And Competitiveness Act Of 1988, Steven R. Phillips

Vanderbilt Journal of Transnational Law

This Article examines the changes brought about in United States trade policy by the Omnibus Trade and Competitiveness Act of 1988. Mr. Phillips provides a detailed history of the evolution of the Act's three main revisions of section 301: the transfer from the President to the United States Trade Representative (USTR) of the power to identify foreign unfair trade practices and to take action in response; the imposition of mandatory retaliation by the USTR against unfair trade practices unless one of six exceptions applies; and, under the "Super 301" provision, the USTR's obligation to identify unfair trade balances and either …

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Working It Out: A Japanese Alternative To Fighting It Out, David J. Przeracki Jan 1989

Working It Out: A Japanese Alternative To Fighting It Out, David J. Przeracki

Cleveland State Law Review

Since the end of World War II, Japan has soared to the summit of importance in the world economy. In recent years, the balance of trade between the United States and Japan has been tipped strongly in favor of the Japanese. Since America's hegemony in international contracting is waning, especially with the Japanese, new approaches must be considered. The purpose of this Note, therefore, is to provide the reader with an understanding of the difference between Japanese and American legal consciousness. Because the Japanese approach yields an exceptionally low rate of litigation, a secondary goal of this Note is to …

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Foreign Corrupt Practices Act Amendments: The Omnibus Trade And Competitiveness Acts Focus On Improving Investment Opportunities, Beverley H. Earle Jan 1989

Foreign Corrupt Practices Act Amendments: The Omnibus Trade And Competitiveness Acts Focus On Improving Investment Opportunities, Beverley H. Earle

Cleveland State Law Review

President Reagan signed into law the Omnibus Trade and Competitiveness Act of 1988 (OTCA) on August 23, 1988. Included within this law were provisions addressing authority for trade agreements, section 301 remedies, section 201 escape clause, antidumping, and countervailing duties as well as amendments to the Foreign Corrupt Practices Act (FCPA). Additionally, export control provisions were included in this law as part of the Export Enhancement Act of 1988. This comprehensive law was the culmination of a lengthy process over several years which included hearings; debates; negotiation among House and Senate leaders and the President; and one Presidential veto. The …

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The Economics Of Intellectual Property Rights And The Gatt: A View From The South, Carlos A.P. Braga Jan 1989

The Economics Of Intellectual Property Rights And The Gatt: A View From The South, Carlos A.P. Braga

Vanderbilt Journal of Transnational Law

This Article explores the attitude of less developed countries (LDCs) with respect to the debate on TRIPs at the Uruguay Round. Part II addresses the evolution of the debate at the GATT level. Part III presents the economics of intellectual property rights protection from the point of view of LDCs. Finally, Part IV summarizes the main conclusions and recommendations of the Article.

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Intellectual Property In International Trade: Opportunities And Risks Of A Gatt Connection, J. H. Reichman Jan 1989

Intellectual Property In International Trade: Opportunities And Risks Of A Gatt Connection, J. H. Reichman

Vanderbilt Journal of Transnational Law

Professor Reichman uncovers a paradox at the heart of the debate about bringing international intellectual property relations within a GATT Code of Conduct. On the one hand, the industrialized countries that subscribe to free-market principles at home want to impose a highly regulated market for intellectual goods on the rest of the world, one in which authors and inventors may "reap where they have sown." On the other hand, the developing countries that restrict free competition at home envision a totally unregulated world market for intellectual goods, one in which "competition is the lifeblood of commerce." To unravel this paradox, …

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Europe 1992 And The Rise Of The Pacific Rim: Do Changing World Trading Patterns Require A Change In United States Shipping Laws?, Andrew M. Danas Jan 1989

Europe 1992 And The Rise Of The Pacific Rim: Do Changing World Trading Patterns Require A Change In United States Shipping Laws?, Andrew M. Danas

Vanderbilt Journal of Transnational Law

This Article analyzes the significant issues facing the Presidential Advisory Commission on Ocean Conferences in Ocean Shipping. This Commission will assess the success of the Shipping Act of 1984 and will report to Congress on the need for changes in the 1984 Act and in United States regulatory policy regarding international ocean common carriers. Mr. Danas recommends that the Commission carefully examine the antitrust-exempt conferences, which international ocean common carriers have been organizing for over one hundred years for the purpose of self-regulation and rationalization. Mr. Danas suggests that the review of the continued existence of the liner conference system …

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Of Moral Rights And Resale Royalties: The Kennedy Bill, Marshall A. Leaffer Jan 1989

Of Moral Rights And Resale Royalties: The Kennedy Bill, Marshall A. Leaffer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Specific Barriers To Central American Development, Evelyn Urtecho Ruiz Jan 1989

Specific Barriers To Central American Development, Evelyn Urtecho Ruiz

LLM Theses and Essays

This LL.M. thesis examines the specific barriers to economic development in Central America during the 1980s, a period marked by political instability, social revolution, and economic crisis. The work analyzes the structural weaknesses of Central American economies — including their dependence on a narrow base of agricultural exports (coffee, cotton, bananas, beef, and sugar), deteriorating terms of trade, and chronic balance-of-payments deficits — and traces the historical patterns of land tenure and concentration that have perpetuated inequality across the region. The thesis also examines the social and economic transformation of Nicaragua following the fall of Somoza in 1979, as well …

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Legislating Infitah: Investment, Currency, And Foreign Trade Laws, Khaled Mahmoud Fahmy Oct 1988

Legislating Infitah: Investment, Currency, And Foreign Trade Laws, Khaled Mahmoud Fahmy

Faculty Books

No abstract provided.

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The Right To Require Performance In International Sales: Towards An International Interpretation Of The Vienna Convention, Amy H. Kastely Jul 1988

The Right To Require Performance In International Sales: Towards An International Interpretation Of The Vienna Convention, Amy H. Kastely

Washington Law Review

This Article will explore the remedial provisions of the Convention and some of the issues raised by the uneasy compromise over the right to require performance. Part I will describe the Convention's remedial provisions, illuminated by their drafting history. Part II will evaluate the ability of parties to vary these remedies, and will consider, in particular, the parties' ability to waive or require the remedy of specific performance contractually. A concluding section will offer some general observations regarding interpretation of the Sales Convention.

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The Right To Require Performance In International Sales: Towards An International Interpretation Of The Vienna Convention, Amy H. Kastely Jul 1988

The Right To Require Performance In International Sales: Towards An International Interpretation Of The Vienna Convention, Amy H. Kastely

Washington Law Review

This Article will explore the remedial provisions of the Convention and some of the issues raised by the uneasy compromise over the right to require performance. Part I will describe the Convention's remedial provisions, illuminated by their drafting history. Part II will evaluate the ability of parties to vary these remedies, and will consider, in particular, the parties' ability to waive or require the remedy of specific performance contractually. A concluding section will offer some general observations regarding interpretation of the Sales Convention.

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Transnational Takeover Talk: Regulations Relating To Tender Offers And Insider Trading In The United States, The United Kingdom, Germany, And Australia, Roberta S. Karmel Jul 1988

Transnational Takeover Talk: Regulations Relating To Tender Offers And Insider Trading In The United States, The United Kingdom, Germany, And Australia, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

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Uniformity In International Trade Law: The Constitutional Obstacle, Paul J. Davidson Mar 1988

Uniformity In International Trade Law: The Constitutional Obstacle, Paul J. Davidson

Dalhousie Law Journal

International trade is the life-blood of the Canadian economy. Exports have become the largest single source of jobs in Canada, providing employment for almost three million Canadians and accounting for approximately 30 per cent of the G.N.P.' It is imperative that everything possible should be done to encourage the growth of this vital sector of the economy and that any impediments to such growth should be removed.

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Commission V. Germany And Article 36 Protection Of Human Life And Health, Mimi Y. Lee Jan 1988

Commission V. Germany And Article 36 Protection Of Human Life And Health, Mimi Y. Lee

Northwestern Journal of International Law & Business

Free movement of goods is a fundamental principle of the European Community. Article 36 of the EEC Treaty, however, provides important exceptions to the principle of free movement of goods as embodied in Article 30. Recently, the Court of Justice of the European Community ("Court of Justice" or "Court") has begun to develop a significant body of case law on the protection of human health exception of Article 36. This development coincides with the increasing public interest in consumer protection law, particularly with regard to the production of food-stuffs. Commission of the European Communities v. Federal Republic of Germany presents …

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Subsidies Under United States Countervailing Duty Law: The Case Of Taiwan, Clyde D. Stoltenberg Jan 1988

Subsidies Under United States Countervailing Duty Law: The Case Of Taiwan, Clyde D. Stoltenberg

Northwestern Journal of International Law & Business

The rapid industrialization of the Republic of China on the island of Taiwan during the past thirty years has been accompanied by the entry of goods "made in Taiwan" into markets around the world. Indeed, foreign trade has become the backbone of Taiwan's economy and the impetus for its economic growth. Between 1976 and 1984, for example, year-to-year growth rates of imports ranged from 7.4% to 34.0%, while export growth ranged from 14.1% to 53.8%. In its ninth medium-term economic plan, the Council of Economic Planning and Development ("CEPD") calls for Taiwan's economy to grow by an annual average of …

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Perestroika And Market Socialism: The Effects Of Communism's Slow Thaw On East-West Economic Relations, W. Gary Vause Jan 1988

Perestroika And Market Socialism: The Effects Of Communism's Slow Thaw On East-West Economic Relations, W. Gary Vause

Northwestern Journal of International Law & Business

The United States post-war foreign policy towards the East has been dominated by a strategic-military orientation. This Perspective will examine East-West relations from a new perspective, one in which an improved climate of economic relations, based upon mutually beneficial trade and investment contacts between the United States and the major communist nations, provides a complement for diplomatic efforts to reduce global military tensions. The threshold analytical premise of this study is that United States foreign policy must be addressed as a comprehensive whole, and that foreign economic, human rights, political and geostrategic policies are not only interdependent, but indivisible. Decisions …

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Debt/Equity Swaps And Mexican Law: The Interplay Between Law And Regulation, Mark B. Baker Jan 1988

Debt/Equity Swaps And Mexican Law: The Interplay Between Law And Regulation, Mark B. Baker

Northwestern Journal of International Law & Business

Undeniably, one of the most significant current economic issues is the role of Direct Foreign Investment ("DFI") in the continued development of all nations, rich and poor. History has shown that successful DFI requires a delicate balance between the investor and host country. The emerging view (and one supported by the plethora of recently enacted or modified Foreign Investment Codes) is to seek only those investments from abroad which might be characterized as "beneficial" to the host country. The United States of Mexico has addressed the question of Direct Foreign Investment for many years. In doing so, Mexican policy regarding …

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American Lamb Company V. United States: Application Of The Reasonable Indication Standard, Nam H. Paik Jan 1988

American Lamb Company V. United States: Application Of The Reasonable Indication Standard, Nam H. Paik

Northwestern Journal of International Law & Business

The utilization of non-tariff barriers in international trade has taken on significant importance in protecting United States industries from unfair trading practices by foreign competitors. Non-tariff barriers such as antidumping and countervailing duty measures are designed to regulate "unfair methods of competition and unfair acts" by foreign concerns. The regulations promulgated by the International Trade Administration ("ITA") of the Department of Commerce and the International Trade Commission ("ITC"), contain the appropriate measures followed by these agencies in their investigations of potential dumping and countervailing duty violations. If the ITA determines that an investigation is warranted after considering information reasonable available …

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Controlling Diversion: How Can We Convert The Toshiba-Kongsberg Controversy Into A Victory For The West, Jere W. Morehead Jan 1988

Controlling Diversion: How Can We Convert The Toshiba-Kongsberg Controversy Into A Victory For The West, Jere W. Morehead

Northwestern Journal of International Law & Business

Since the revelations last year that a Toshiba Corporation subsidiary illegally sold the Soviet Union tools to make superquiet submarine propellers, the United States government has struggled to develop an appropriate response for punishing the Japanese company. Unfortunately, the proposals advanced by the United States have not been directed at using this episode to advance meaningful reforms in both domestic and multilateral export controls. This Perspective will examine the Toshiba-Kongsberg case, summarize the current state of export controls, and suggest a strategy to improve upon the poor record of the West in controlling the diversion of strategic technology to the …

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Overcoming Bank Secrecy: Assistance In Tax Matters In Switzerland On Behalf Of Foreign Criminal Authorities, Lionel Frei Jan 1988

Overcoming Bank Secrecy: Assistance In Tax Matters In Switzerland On Behalf Of Foreign Criminal Authorities, Lionel Frei

NYLS Journal of International and Comparative Law

No abstract provided.

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Free Movement Of Goods Within The Economic Community Of West African States (Ecowas): Comparisons With European Economic Community (Eec), Theophilus Fuseini-Bart Jan 1988

Free Movement Of Goods Within The Economic Community Of West African States (Ecowas): Comparisons With European Economic Community (Eec), Theophilus Fuseini-Bart

LLM Theses and Essays

The Treaty establishing the Economic Community of West African States (ECOWAS)is substantially the same as the European Economic Community Treaty although it is not a carbon copy. To understand the subject matter of free movement of goods within the ECOWAS vis a vis the European Communities it will be necessary to discuss the genesis of the two Communities. Also important to discuss are the membership, institutions, and aims and objectives of both ECOWAS and the European Communities (EC). This will not only give a glimpse of the two Communities, especially ECOWAS which is more or less an obscure one, but …

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Brazil's Informatics Bargaining Chip: Playing The Third World Card, Leigh E. Thomas Jan 1988

Brazil's Informatics Bargaining Chip: Playing The Third World Card, Leigh E. Thomas

University of Miami Inter-American Law Review

No abstract provided.

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Intellectual Property Rights And The Gatt: United States Goals In The Uruguay Round, Mark L. Damschroder Jan 1988

Intellectual Property Rights And The Gatt: United States Goals In The Uruguay Round, Mark L. Damschroder

Vanderbilt Journal of Transnational Law

The pursuit of protection of IP rights is a valuable goal both for the United States and the rest of the world community. Such rights promote creativity and the advancement of knowledge, as well as fuel the domestic economy and improve the position of the United States vis-a-vis the other trading nations of the world. With the growing interdependence of the global economy, there is no time like the present to lay the foundation for a system of dispute settlement of such trade matters. Economic interdependence will continue to increase, and the problems of international trade in, and piracy of, …

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