International Trade Law Commons^™

Book Reviews, Edward C. Brewer, Iii., W. Paul Gormley, Allaire U. Karzon.

Vanderbilt Journal of Transnational Law

DIRECT INVESTMENT AND DEVELOPMENT IN THE U.S.: A GUIDE TO INCENTIVE PROGRAMS, LAWS AND RESTRICTIONS 1980-1981

Raymond Waldmann

Washington D.C.: Transnational Investments, Ltd.; London: Kluwer Publishing, 1980. Pp. viii, 443. $75.00, London £45 plus £1 surface mail.

Reviewed by Edward C. Brewer, III.

-----------------------

NUCLEAR ENERGY AND NUCLEAR WEAPON PROLIFERATION

Frank Barnaby, Jozef Goldblat, Bhupendra Jasani, and Joseph Rotblat,eds. Published for the Stockholm International Peace Research Institute. London: Taylor & Francis, 1979. Pp. xxiv, 462.

Reviewed by W. Paul Gormley

--------------------------------------

INTERNATIONAL ASPECTS OF U.S. INCOME TAXATION Vois. I and III

Elisabeth Owens Boston, Mass.: Harvard Law School, 1980. Pp.305. …

United States Regulations And Acquisitions, Robert J. Radway

Vanderbilt Journal of Transnational Law

Will protectionist sentiment in the United States result in the imposition of barriers ultimately impeding the flow of this foreign technology, or will the realities of reciprocity soften the restrictive legislation in some of the developing countries which are increasingly becoming technology exporters? It is clear that the international economic system becomes increasingly interdependent each year. What is ever more apparent is that trade flows, international capital movements, and the transnational transfer of technology are inextricably interrelated with other issues involved in the Global Dialogue, such as the role of energy in development, (including petroleum and alternate sources), the stabilization …

Unctad's Draft Code Of Conduct On The Transfer Of Technology: A Critique, James W. Skelton, Jr.

Vanderbilt Journal of Transnational Law

UNCTAD's fourteenth plenary meeting on May 6, 1980, produced the latest of several attempts to draft such a code. The document is entitled "Draft International Code of Conduct on the Transfer of Technology" (Draft Code), and this draft will be the primary subject of analysis in this article. The drafters of the code face a number of problems, the least of which is the ultimate determination of the code's legal character and, consequently, its legal effect. This determination and other problem areas confronting the drafters, including the code's special preferences for developing countries, the core chapter on restrictive practices, and …

The Transfer Of Technology To Latin America, Gabriel M. Wilner

Vanderbilt Journal of Transnational Law

This paper focuses on the contractual acquisition of foreign technology through licenses and other contractual arrangements as contrasted with the technological components in the usual direct investment. Such investment is made either in the form of the wholly-owned subsidiary of the transnational corporation or as part of a joint venture. The use of technology as a major component of direct investment has been discouraged over the years, although this trend was reversed in Chile after 1977.

Modern legislation and practice in the regulation of technology transfer is characterized in the several Latin American countries possessing such a regime by administrative …

Technology Transfer As An Issue In North/South Negotiations, Homer O. Blair

Vanderbilt Journal of Transnational Law

For a number of years, negotiations have been taking place on an international scale, usually under the auspices of the United Nations or one of its specialized agencies, on a wide variety of subjects involving technology transfer between the developed countries (the North) and the less developed or developing countries (the South). Three primary groups are involved in the United Nations negotiations. The first is known as the Group of 77, which now includes more than 120 developing countries, including countries in South and Central America, Africa, and Asia. Within this group the degree of development varies from countries such …

Domestic International Sales Corporations (Discs): How They Provide A Tax Incentive For Exports, Garrison R. Cox

Vanderbilt Journal of Transnational Law

This Note examines the logical and empirical validity of the reasons for the passage of the DISC legislation. Basically, the DISC legislation was prompted by the negative trade balance in 1971, a novel phenomenon in post-World War II United States. Providing a tax break on producers' export income was viewed as a way of reducing trade deficits by stimulating exports. On its surface, using "tax expenditures" to reach this goal seems logical, or at least benign. But when one considers that the primary thrust of the legislation was to encourage small producers to enter the export market, the logic of …

Foreign Ownership And The Theory Of Trade And Welfare, Richard A. Brecher, Jagdish N. Bhagwati

Faculty Scholarship

Some standard topics in the theory of international trade are reconsidered in this paper by distinguishing between national and aggregate income when fixed supplies of foreign inputs are present within the home country. Under conditions that would ensure a national welfare gain if' foreign ownership were absent, international transfer, economic growth, or tariff policy might cause a national welfare loss in the presence of foreign ownership. The techniques developed could be applied to other domestic distinctions (such as those based on race, sex, age, or ethnicity) and to the theory of' customs unions in a three-country world.

Constitutional Law—The Scope Of The Commerce Clause In International Commerce—Japan Line, Ltd. V. County Of Los Angeles, 441 U.S. 434 (1979), Laura Treadgold Oles

Washington Law Review

By exempting containers in international commerce from local ad valorem property taxes, the Japan Line Court's interpretation of the commerce clause gives foreign merchants an advantage over their domestic competitors. The Court, lacking alternative grounds for exempting foreign containers from the state tax, concluded that the commerce clause justifies such disparate treatment. Rather than adopting an interpretation of the commerce clause which is inconsistent with its purpose, the Court should have upheld the tax and left the difficult question of international tax policy to be resolved comprehensively in a more appropriate forum.

Dames & Moore V. Regan, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

U.S. Trade And Investment In Mexico: An Overview Of The Eighties, Ewell E. Murphy Jr.

University of Miami Inter-American Law Review

No abstract provided.

Subsidies, Countervailing Duties And Antidumping After The Tokyo Round, John J. Barceló Iii

Cornell Law Faculty Publications

No abstract provided.

Recent Publications, Unidentified Author

Vanderbilt Law Review

Beating a Rap? Defendants Found Incompetent to Stand Trial

In this book, Henry Steadman, Director of the Special Projects Research Unit of the New York State Department of Mental Hygiene, addresses the common suspicion that defense attorneys enable their clients to escape criminal charges by having the clients declared incompetent to stand trial. Such suspicion, he argues, results both from public confusion over the legal and psychiatric issues in a competency hearing and from a lack of understanding (even among experts) about the practical results that flow from a determination of incompetency.

Law and Order in American History Edited by …

The United States And Taiwan After Derecognition: Consequences And Legal Remedies, Ahmed Sheikh

Washington and Lee Law Review

No abstract provided.

Frustration Of Contract In International Trade Law And Comparative Law, Michael G. Rapsomanikis

Duquesne Law Review

No abstract provided.

The Export Administration Act Of 1979: An Examination Of Foreign Availability Of Controlled Goods And Technologies, Shirley Miller Dvorin

Northwestern Journal of International Law & Business

The Export Administration Act of 19791 amended thirty years of legislative controls over the export of advanced technology2 to the So- viet Union and other non-market economy countries.' Since first en- acted, these post-World War II export controls attempted to reconcile the conflicting objectives of protecting national security while promot- ing United States international trade.4 Nonetheless, the increasing availability of advanced goods and technologies from foreign sources to communist nations has undermined both these objectives.

Reorganization Plan No. 3 Of 1979: Revamping The U.S. Trade Machinery, Eliot B. Schreiber

Northwestern Journal of International Law & Business

The United States is no longer the successful competitor it once was in the international marketplace.I During the last decade, concern has grown in both the national and international communities about the way in which United States trade policy is formulated and imple- mented. This concern has resulted in a reorganized and strengthened U.S. trade machinery. Briefly, the Carter Administration's new Reor- ganization Plan No. 3 of 19792 has placed the responsibility for the negotiation of foreign trade matters and for the formulation of trade policy in the Office of the United States Trade Representative (USTR), and has called upon …

The New Anti-Dumping Procedures Of The Trade Agreements Act Of 1979: Does It Create A New Non-Tariff Trade Barrier, Timothy J. Patenode

Northwestern Journal of International Law & Business

The Trade Agreements Acts of 19791 contains what is likely to be the most extensive modification of U.S. anti-dumping law since the passage of the original Antidumping Act of 1921.2 The new law makes five significant changes in anti-dumping investigation procedures which are intended to streamline investigations, to provide prompter and more effective relief for domestic industries threatened by unfair foreign competition, and to provide the agencies with a clearer defini- tion of their responsibilities.3 These worthy intentions, however, have produced a system that is unfairly burdensome to foreign manufacturers and domestic import- ers

Establishing American Trading Companies, Franklin A. Cole

Northwestern Journal of International Law & Business

On September 3, 1980, the United States Senate, by unanimous vote, passed landmark legislation designed to increase American ex- ports of products and services by encouraging formation of U.S. export trading companies.' The Export Trading Company Act of 1980,2 rein- troduced and at this writing awaiting approval by a new Congress,3 is a significant first step in offering American companies, particularly those of small and medium size, the opportunity to enter markets on a par with their international foreign competitors. The Act moderates re- strictions that have blocked the growth of full-range export trade ser- vice companies that would help …

Gatt Dispute Settlements: A New Beginning In International And U.S. Trade Law, Donald E. Dekieffer

Northwestern Journal of International Law & Business

Although the General Agreement on Tariffs and Trade (GATT)' has been in existence for over two decades, a workable system has only recently developed for resolving disputes between contracting parties. Since its inception, the GATT has been designed to promote the grad- ual dissolution of trade barriers between the major mercantile countries of the world.2 In its early years, the GATT approached this ambitious goal solely through irregular negotiating "rounds" at which the Con- tracting Parties (the nations signatory to the GATT) mutually agreed to reduce their tariff barriers. There was little attempt to develop an effec- tive enforcement mechanism …

Unfair Competition In U.S. Import Trade: Developments Since The Trade Act Of 1974, Edward R. Easton, Jeffrey S. Neeley

Maryland Journal of International Law

No abstract provided.

Section 301: Access To Foreign Markets From An Agricultural Perspective, Marsha A. Echols

Maryland Journal of International Law

No abstract provided.

Vietnam's Legal Regulation Of Foreign Trade And Investment, John Quigley

Maryland Journal of International Law

No abstract provided.

Socialist Countries In Gatt, K. Grzybowski

Faculty Scholarship

No abstract provided.

Trigger Price Mechanism: Protecting Competition Or Competitors, The , Jacqueline Nolan-Haley

Faculty Scholarship

The International Trade Commission asserted that for most of 1978 and probably for the indefinite future, the TPM was "the greatest single factor influencing the conditions of competition" in the U.S. steel industry. The precise contours of this influence are uncertain. While it is premature to assess adequately the economic impact of the TPM, it is possible to make some observations vis-a-vis our national antitrust policy goals. The TPM, like the steel VRA's of 1972, has had no discernable impact on increasing efficiency through expansion, modernization or development of domestic steel-making technology. The TPM, however, does have an impact on …

Competition, Trade, And The Antitrust Division: 1981, Joel Davidow

Northwestern Journal of International Law & Business

One of the primary purposes-some would say the primary pur- pose--of antitrust laws is to promote efficient allocation of resources and maximum consumer choice by preventing and punishing artificial barriers to competition and unreasonable restraints of trade.' The An- titrust Division of the U.S. Department of Justice has therefore con- cerned itself with the task of breaking down those barriers. In the domestic field, this policy has traditionally taken the form of prosecut- ing persons and corporations who engage in price fixing or market divi- sion, or who obtain or maintain monopoly power by means of abusive practices. More recently, …

Legal Effects Of The Multilateral Trade Negotiations: Agricultural Commodities, Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Recent Developments, Benjamin W. Pardue

Vanderbilt Journal of Transnational Law

In 1967 the British government devalued the pound as against the dollar. The year 1969 witnessed the floating of the German mark. More recently the dollar has fluctuated widely in international money markets. Under presently accepted accounting principles United States multinational corporations are required to convert their foreign assets and liabilities into dollars at the year's end rate of exchange. When a foreign currency is devalued against the dollar, the value of that foreign subsidiary's assets also declines. In a corporation's consolidated financial statement such a drop in value may distract investors from the corporation's operating successes, with a corresponding …

Trade In Place Of Migration, Jagdish N. Bhagwati

Faculty Scholarship

This is a very useful and welcome study, sponsored by the World Employment Programme of the I.L.O., of the effects that increased trade flows could have on the level of employment in one “receiving country,” West Germany, and two sending countries, “Spain and Turkey,” and their implications for immigration policies.

Revenue Seeking: A Generalization Of The Theory Of Tariffs, Jagdish N. Bhagwati, T.N. Srinivasan

Faculty Scholarship

The theory of commercial policy has recently addressed three phenomena: (i) tariff (quota) seeking or lobbying by potential beneficiaries for the imposition of a tariff (quota), (ii) tariff (quota) evasion, and (iii) rent seeking or lobbying for getting an allocation of the import quota to earn the rents generated. Revenue seeking or lobbying to secure a share in the disposition of the tariff revenues is analyzed here. It is shown that revenue seeking may, even for a small country, result in a reduction in importable output. Furthermore, revenue seeking may be welfare improving. Rent seeking may be welfare improving as …

Recent Developments In Securing Jurisdiction Over Foreign Firms And Individuals, Dennis O. Lynch

University of Miami Inter-American Law Review

No abstract provided.