International Trade Law Commons^™

The Sale Of A Unique Object In The Open Market, Kenneth S. Gallant

Law Faculty Scholarship

No abstract provided.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

TREATY INTERPRETATION: THEORY AND REALITY

By Edward Slavko Yambrusic

Lanham, Maryland: University Press of America, 1987. Pp.xi, 298. $28.50 hardcover, $15.75 softcover.

===============

WORLD TRADE RIVALRY: TRADE EQUITY AND COMPETING INDUSTRIAL POLICIES

By William A. Lovett

Lexington, Massachusetts: D.C. Heath, 1987. Pp. xxxv, 260. $35.00.

===================

A COMPENDIUM OF STATE STATUTES AND INTERNATIONAL TREATIES IN TRUST AND ESTATE LAW: A REFERENCE AND REFERRAL GUIDE FOR PRACTICING ATTORNEYS: THEORY AND REALITY

By M. Henner

Westport, Connecticut: Greenwood Press, 1985. Pp. xii, 279. $55.00.

=====================

MIDDLE EAST LEGAL SYSTEMS

By Sayed Hassan Amin

Glasgow:Royston Limited, 1985. Pp. xv, 419.

==================

GRENADA: A …

Foreign Securities Offerings In The United States: The Impact Of Sec Clearance Of Denationalized French Stock Issues, John T. Vogel

Vanderbilt Journal of Transnational Law

In response to the growing internationalization of financial markets and the internal deregulation of foreign national securities structures, the United States Government, through the Securities and Exchange Commission (SEC or Commission), has entertained suggestions and has implemented measures to facilitate the flow of capital across United States borders. The world financial community has generally applauded these actions, but has nonetheless continued the call for more reform and liberalization of capital markets. The ideas behind the voices of reform have appeal: less federal regulation means more corporate access to international capital, more opportunities for investors, and a more efficient allocation of …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Picketing Outside Foreign Embassies is Protected Speech Under the First Amendment and Restrictions on this Speech Must Serve a Compelling Government Interest and be Narrowly Tailored to the Specific Situation--Boos v. Barry, 108S.Ct. 1157 (1988).

====================

Notions of Comity and the Act of State Doctrine Preclude U.S. Federal Courts from Exercising Jurisdiction over the Actions of Foreign Corporations when Those Actions Constitute a Violation of U.S. Antitrust Laws but are Protected by Legislation in a Foreign Country--O.N.E. Shipping Ltd. v. Flota Mercante Grancolombiana, S.A., 830 F.2d 449 (2d Cir.1987).

Amending United States Antidumping Laws To Create A Viable Private Right Of Action: Must Fair Trade Be Free?, Douglas J. Varga

Vanderbilt Journal of Transnational Law

This Note examines the practice of dumping in the context of recent developments in existing United States trade law and explores the potential for an effective, meaningful remedy for adversely affected domestic interests. While the discussion focuses primarily on the private right of action presently found in the 1916 Antidumping Act (1916 Act), the Note also addresses the administrative remedy contained in the 1921 Antidumping Act (1921 Act) in order to both establish a background for the legal structure of trade remedies in general and to identify the differences between the two laws. Part II considers the practice of predatory …

American Export Controls And Extraterritoriality, Isabelle Clement

LLM Theses and Essays

This thesis examines the American extraterritorial approach to controlling the movement of strategic goods abroad on the basis of some connections with the United States. It considers the possible use of existing blocking legislation or principles in other countries to counteract the American use of the extraterritorial approach. Certain conclusions are then drawn about likely future developments.

Remedies For Breach Of Contract Under The Uniform Commercial Code, The General Conditions Of Delivery Of Goods Of The Council For Mutual Economic Assistance And The United Nations Convention On Contracts For The International Sale Of Goods, Hasan T. Choudhury

LLM Theses and Essays

This thesis attempts to examine and compare an important component of any law of contract for the sale of goods, namely, the remedies available to an aggrieved party following a breach of contract. The first part of the thesis deals with the historical background of the uniform laws, their scope and specific characteristics. The following chapters examine the status, role and significance of the two major remedies - the damages and specific performance, in the major legal systems and the uniform laws. In addition, it compares the remaining remedial provisions and concludes that, although the major legal systems of the …

Trade Regulations In International Transfer Of Technology Agreements: A Comparative View Of National And International Legal Provisions, Franz-Martin Wolff

LLM Theses and Essays

This LL.M. thesis provides a comprehensive comparative analysis of national and international legal frameworks governing the regulation of international transfer of technology agreements, set against the backdrop of the stalled UNCTAD negotiations on a Draft International Code of Conduct on the Transfer of Technology. The work examines the role of national patent systems under the Paris Convention, analyzes proposed modifications — including preferential treatment for Developing Countries — and evaluates the adverse effects of monopolistic rights granted under patent laws. Key topics include antitrust regulation in the United States (Sherman Act per se violations and rule of reason), the European …

K Mart Corporation V. Cartier, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Comprehensive Anti-Apartheid Act: A Case Study In The Legality Of Economic Sanctions

Washington and Lee Law Review

No abstract provided.

The Judiciary In A State Of National Crisis With Special Reference To The South African Experience , John Dugard

Washington and Lee Law Review

No abstract provided.

The United States Customs Service's Regulation Of Grey Market Imports: Does It Preserve The Broad Protections Afforded By Section 526 Of The Tariff Act Of 1930?, Pierrette Alyssa Newman

Penn State International Law Review (1982 - 2011)

This Comment will evaluate whether the current import regulation of grey market goods is necessary in light of modern trademark theory. Section II gives an overview of the functions of a trademark, discusses registration procedures, and considers the effect of parallel imports in the international marketplace. Section III examines the relevant statutory provisions governing the importation of genuine goods, while Section IV analyzes the recent legislative attempt to codify Customs regulations and the impact this bill would have on the rights of the United States trademark owner as opposed to the consumer's interests. The Comment concludes by evaluating proposed solutions …

Coimterpurchase Contracts And Their Contractual Issues, Joseph J. Van Dort, Eliard Friese

Penn State International Law Review (1982 - 2011)

This article introduces the three main forms of countertrade, offering an overview of the legal problems attendant upon entering into a countertrade and counterpurchase agreement. Various contract provisions are examined, and an explanation is given as to the impact· of each.

Introduction Symposium: The Political Economy Of International Trade Law And Policy , Kenneth W. Abbott

Northwestern Journal of International Law & Business

As this Introduction is written, the law of international trade stands at a major crossroads. In Congress, the House of Representatives and the Senate are attempting to consolidate two massive omnibus trade bills.' These bills authorize the President to enter into a new round of multilateral trade negotiations, amend the import relief laws, prescribe measures to deal with "unfair" foreign trade practices, and in general affect virtually every area of United States law concerned with international trade. Provisions like the Gephardt Amendment,2 designed to exert pressure on countries which have large trade surpluses and engage in trade practices that the …

Japanese View Of United States Trade Laws, A , Mitsuo Matsushita

Northwestern Journal of International Law & Business

The purpose of this Article is to present a Japanese view of United States trade laws, concentrating on the differences between the United States and the Japanese laws. This Article will address the questions of whether United States trade laws have been used for protectionist purposes and whether there are inconsistencies and conflicts within United States trade laws. Finally, this Article will discuss Japanese suggestions for the enforcement of United States trade laws. The views expressed here are neither those of the Japanese business community nor those of the Japanese government; they are solely the views of the author, who …

Changing Patterns Of Protectionism: The Fall In Tariffs And The Rise In Non-Tariff Barriers Symposium: The Political Economy Of International Trade Law And Policy , Edward John Ray

Northwestern Journal of International Law & Business

The model constructed in this Article explains how the efforts of special interest groups within a nation interact with its domestic political and foreign policy objectives to influence the nation's overall structure of trade regulations. Section II of the Article, therefore, begins by providing a simple analytical framework which can help to explain the evolution of both the pattern and the level of protectionism in the United States and other countries.2 Section III of the Article reviews the history of United States trade policy and summarizes the current economic and political climate for protectionist legislation in the United States. The …

The Administrative Regulation Of Technology Induction Contracts In Japan, K. Blake Thatcher

Northwestern Journal of International Law & Business

The purpose of this Comment is to investigate the current effect of both the FECL and the AML on TICs.'6 It begins with a historical analysis of past applications of these laws to TICs. It then discusses the current terms of the AML and the FECL, the government's application of these terms to TICs, and the effect of this application on the formation of TICs. This Comment concludes that, although the means of regulation has changed and there has been some liberalization, the FECL and the AML continue to create substantial prejudicial effects for the interests of foreign parties to …

National Seminar On Counter Trade : Practices And Opportunities, Ramesh G Tagat

IIMB Management Review

No abstract provided.

Hidden Agenda: The Expansion Of Product Scope In International Trade Proceedings, Timothy A. Harr

Michigan Journal of International Law

Part II of this Article examines current legal standards. It concludes that U.S. product scope rulings are nominally made pursuant to a set of objective legal/factual standards, but that because of the breadth of these standards, the Commerce Department has considerable discretion in making such decisions. Part III examines recent Commerce Department product scope rulings, which highlights a policy goal of prevention of evasion by foreign suppliers. The Department, which technically has no authority to expand the product scope and no formal authority to consider evasion, is uncomfortable with this current situation. This has caused the Administration to propose amendments …

United States Trade Protectionism: Institutions, Norms, And Practices Symposium: The Political Economy Of International Trade Law And Policy , Michael Borrus, Judith Goldstein

Northwestern Journal of International Law & Business

is Article first explores the origins and evolution of existing trade norms and institutions.7 Then, as an example of the pressures on and potential responses open to United States industry, the Article turns to the recent experiences of the United States semiconductor industry.8 The Article concludes with some thoughts on the future of trade policymaking institutions, including the insight that the failure in United States trade policy has been in part due to the lack of ideas on how the United States should respond to foreign competition in a burgeoning world economy.

"It Is Better To Enter A Tiger's Mouth Than A Court Of Law" Or Dispute Resolution Alternatives In U.S.-China Trade, Steven N. Robinson, George R.A. Doumar

Penn State International Law Review (1982 - 2011)

This article examines the influence Chinese attitudes toward law have upon the various methods of dispute resolution in United States-China trade. It concludes that, although reasonably effective mechanisms for the resolution of disputes are available, the primary emphasis of counsel should be to prevent the dispute from occurring through promoting informed negotiation of the original contract.

Insurance In The People's Republic Of China: Laws And Practice, Henry R. Zheng

Vanderbilt Journal of Transnational Law

The insurance industry in the People's Republic of China (PRC) has expanded rapidly during the past several years. Since the end of 1979 when domestic insurance was reestablished, the income generated from insurance business has been increasing at a rate of over forty-four percent annually.' By early 1987, over 500,000 enterprises and business entities utilized property insurance and about 34 million people purchased personal insurance; during the first half of 1986 the total insurance earnings from the People's Insurance Company of China alone reached a record high of over 2.33 billion yuan. In the meantime, the insurance business has become …

Validity Of Contracts Under The United Nations Convention On Contracts For The International Sale Of Goods, Christoph R. Heiz

Vanderbilt Journal of Transnational Law

Under article 4(a) of the CISG, domestic law governs if a sales contract's validity is at issue.' One must consult the conflict of laws provisions of private international law to determine which domestic law is applicable.

In contrast to the Convention, the Swiss Code of Obligations as well as relevant Swiss literature and jurisprudence clearly address the issue of contractual validity. Swiss contract law's error provisions are characterized as contract validity rules. If, for instance, a buyer claims that he erred on a certain fact that was a necessary basis for him to enter into an international sales contract under …

Recent Decision, Barbara K. Caldwell

Vanderbilt Journal of Transnational Law

CONSTITUTIONAL LAW--Commerce Clause--State Taxation of Aviation Fuel Used Exclusively in Foreign Commerce is Not Preempted by the Federal Aviation Act and is Not Invalid Under the Japan Line Doctrine of the Foreign Commerce Clause. "Wardair Canada, Inc. v. Florida Department of Revenue", 106 S. Ct. 2369 (1986).

Dialing For Foreign Telecommunications Market Access: Is The United States Getting A Busy Signal From Japan?, Robert E. Boone, Iii

Vanderbilt Journal of Transnational Law

Japan is one country that appears to be following United States policies. On April 1, 1985, the Japanese Government converted Nippon Telegraph and Telephone Public Corporation (NTT) from a government-run, publicly-held corporation into a private entity. Japan adopted the Electric Telecommunication Business Act in December 1984 to create an environment in which private entities can compete. The full extent to which the Japanese Government intends to open its market to non-Japanese firms remains unclear. This Note will discuss the development of Japanese telecommunications policy and the current United States tele-communications policy with respect to market access. The Note then will …

International Monetary Fund Conditionality And Options For Aggrieved Fund Members, Brian Trubitt

Vanderbilt Journal of Transnational Law

The International Monetary Fund (the IMF or the Fund) was created to assist in stabilizing rates of currency exchange. Each country is able to achieve stability only by balancing the amount of local currency flowing out against the amount of foreign currency flowing in. When exchange rates are stable, capital can flow more easily to places where it can be most efficiently utilized, thus raising the worldwide level of prosperity.

Unfortunately, the process of adjustment from imbalance to balance entails some sacrifices. A country with an imbalance must eliminate the excess of imports over exports. The IMF has the power …

Using The Antitrust Laws To Combat Overseas Bribery By Foreign Companies: A Step To Even The Odds In International Trade, Franklin A. Gevurtz

McGeorge School of Law Scholarly Articles

No abstract provided.

Nuclear Transition: From Three Mile Island To Chernobyl, Joseph P. Tomain, Constance Dowd Burton

William & Mary Law Review

No abstract provided.

The Gatt Dispute Settlement Procedure In The 1980s: Where Do We Go From Here?, Patricia Kalla

Penn State International Law Review (1982 - 2011)

This Comment will examine the GATT dispute settlement procedure in relation to its operative context. Emphasis is on determining the true origin of the dispute settlement system's inefficacy. An overview of historical developments will be followed by an explanation of the dispute settlement law and procedure. Noncompliance with GATT rules and remedial efforts to correct that noncompliance will be examined at some length. Finally, the necessity for future reform of the dispute settlement procedure will be discussed.

Emerging Unification Of Conflict Of Laws Rules Applicable To The International Sale Of Goods: Uncitral And The New Hague Conference On Private International Law, Francis A. Gabor

Northwestern Journal of International Law & Business

A new lex mercatoria is emerging in the unification of the law of international trade. In analyzing this development, this Article will emphasize two points. First, international contracts are based essentially on national law, a feature of which is the lack of state involvement resulting in party autonomy. A party's freedom to contract is a uniformly recognized principle of contract law. Second, in recent times -- particularly following World War II -- a wide range of state governmental regulations have appeared which restrict parties' freedom to contract. Such restrictions include economic regulations promulgated by the modern state, plus considerable legislation …