International Trade Law Commons^™

Cargo Preference And Flag Discrimination In International Shipping -- Actions And Reactions, F. Thomas Schornhorst, James R. Patton Jr.

Articles by Maurer Faculty

No abstract provided.

Non-Tariff Import Restrictions: Remedies Available In United States Law, Craig Mathews

Michigan Law Review

Since World War II, a fundamental objective of the foreign policy of the United States has been to strengthen political and economic relationships among free-world nations. An integral element of this policy has been the expansion of international trade on mutually beneficial terms. The legal and practical problems of reducing or eliminating restrictions on the international movement of commodities have therefore assumed a major importance.

International commodity transactions have traditionally been subject to a wide range of such restrictions. In the case of imports, the most familiar barriers are tariffs and formal quotas or embargoes imposed by national governments. In …

The Extraterritorial Effect Of Foreign Exchange Control Laws, F. David Trickey

Michigan Law Review

Article VIII section 2(b) of the International Monetary Fund Articles of Agreement makes "exchange contracts" which are contrary to approved foreign exchange regulations of members "unenforceable" and provides that member nations may further agree upon measures to enforce each other's foreign exchange laws. The recent New York Court of Appeals decision in Banco do Brasil, S.A. v. A. C. Israel Commodity Co. illustrates the serious shortcomings of IMF provisions for enforcing foreign exchange controls. The case also suggests that general conflict of laws rules can be used to effectuate the policies underlying exchange control laws.

Developments In Anti-Combines Administration, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

Letters Of Credit In Japanese-United States Trade, Kohei Izawa, Kazuaki Sono, Warren L. Shattuck

Washington Law Review

In the long history of international trade the main points of friction have been assurance of payment for the seller and assurance of delivery for the buyer. Where there is business to be done, traders have, over the centuries, usually found ways and means. From their practices have evolved the familiar modern lubricants for these friction points, letters of credit (which will be referred to hereafter as "credits"), insurance contracts, bills of lading, and the inspection services offered by various private and governmental agencies. The credit in the form we now know it developed during the nineteenth century and is …

Symposium On The Federal Trade Commission: A Program Of Enforcement (Forward), Ralph F. Fuchs

Indiana Law Journal

Symposium on the Federal Trade Commission: A Program of Enforcement

Enforcement, Voluntary Compliance, And The Federal Trade Commission, Daniel Jay Baum, Eugene R. Baker

Indiana Law Journal

Symposium on the Federal Trade Commission: A Program of Enforcement

Jurisdiction In International Application Of United States Antitrust Laws, Hiroshi Fukuda

Cleveland State Law Review

However, the trend to apply United States antitrust laws to international trade agreements has given rise to another important question, namely the jurisdictional problem of antitrust laws. Many people, both in this country and abroad, criticized this trend as an abuse of power and invasion of foreign sovereignty. The objective of this paper is, therefore, to analyze the underlying theories of jurisdiction with respect to antitrust laws and to discover the existing jurisdictional limitations imposed by the courts on themselves.

Book Review. Public Money Sources For Overseas Trade And Investment By John E. Loomis, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

The Quest For Legal Security Of Foreign Investments -- Latest Developments, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

The Western Hemisphere Trade Corporation:A Functional Perspective, Leo J. Raskind

Vanderbilt Law Review

Among the statutory forms available for the conduct of foreign operations the Western Hemisphere Trade Corporation, traditionally the Cinderella of the Internal Revenue Code, has been reoriented by the new provisions of the Revenue Act of 1962. Unlike its story-book counterpart, however, the Western Hemisphere Trade Corporation does not emerge in a state of new magnificence. The new act,by curtailing, but not eliminating, the deferral of taxation on earnings retained abroad by United States controlled foreign subsidiaries, has initiated a process of review and of reorganization of the tax planning of foreign operations. Since the new statutory provisions affect existing …

Common Market Law, Texts And Commentaries. By Alan Campbell And Dennis Thompson., Neil R. Farmelo

Buffalo Law Review

No abstract provided.

Book Reviews, Robert J. Harris, Wallace Mcclure

Vanderbilt Law Review

Freedom and the Law By Bruno Leoni Princeton, New Jersey D. Van Nostrand Co., 1961. Pp. vii, 204. $6.00.

reviewer: Robert J. Harris

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The Rule of Law Edited by Arthur L. Harding Dallas: Southern Methodist University Press, 1961. Pp. xi, 89. $3.00.

reviewer: Wallace McClure

The Antidumping Act: Its Administration And Place In American Trade Policy, James A. Kohn

Michigan Law Review

It has now been forty years since the present Antidumping Act was passed. During that period certain administrative interpretations and procedures have developed. This discussion will not attempt a general exposition of the act, but rather will examine key terms which are not defined by the act itself, the administrative decisions interpreting these terms, and the soundness of these decisions when tested against the purposes of the act. In analyzing these decisions, not only the factors that influenced the original passage of the act must be considered, but also the events which have occurred since the passage of the act …

Book Review, Ford L. Noble

Cleveland State Law Review

Reviewing Martin Domke, Editor, International Trade Arbitration, American Arbitration Association, 1958

International Cooperation In The Peaceful Uses Of Atomic Energy, David F. Cavers

Vanderbilt Law Review

Today cooperation in the peaceful uses of atomic energy is occurring under bilateral agreements between the major atomic powers--the United States, the United Kingdom, and the Soviet Union--and many other nations. Schemes of cooperation on a regional basis are well advanced in Europe and are emerging elsewhere. A new international agency with an almost world-wide constituency, Communist China being the chief omission, has come into being. After a three-year interval, the second of two great international conferences for the exchange of knowledge concerning nuclear fission and thermonuclear fusion was held in Geneva in the past summer. At Geneva, American scientists …

International Trade And Economic Expansion, Jagdish N. Bhagwati

Faculty Scholarship

The recent literature on the effects of economic expansion on international trade has been concerned with two principal problems: the impact of the expansion on the terms of trade; and the resultant change in the welfare of the trading nations. The solutions offered, however, are not fully satisfactory. Thus H. G. Johnson [5) and W. M. Corden [3], who attempt to tackle the first problem, succeed only in establishing the direction, as distinct from the extent, of the consequential shift in the terms of trade. In so far as the full impact of the expansion on the terms of trade …

Miscellaneous—Construction Of Tariff Rates, Robert Rosinski

Buffalo Law Review

Bianchi v. Sears, Roebuck & Co., 1 N. Y. 2d 63, 133 N. E. 2d 699 (1956).

Treaties As Law In National Courts With Especial Reference To The United States, Quincy Wright

Indiana Law Journal

No abstract provided.

Protectionism And The Future Of International Shipping, Ted Lynn Mcdorman

Dalhousie Law Journal

It is Dr. Ademuni-Odeke's view that international shipping is "an industry in decline" and "in a mess" principally because of the abuse of national policies designed to give preference to national fleets or protect national fleets from international competition. The desire of nontraditional maritime nations to establish national merchant marines utilizing preference or protectionist policies has led to a confrontation with traditional maritime nations who espouse liberal economic principles, yet practice the same protectionist policies. The United States is the classic example of a maritime state which utilizes the full array of protectionist policies (flag preference, flag discrimination, state intervention, …

International Law - Sovereign Immunity - Seizure Of Property Under Restrictive Immunity Doctrine, Norman A. Zilber S.Ed.

Michigan Law Review

While in Korea unloading a cargo of rice purchased by the Korean Government, libellant's steamship was damaged by respondent's lighter which was assisting in the unloading operation. Libellant instituted suit against the Republic of Korea in a federal district court. in New York claiming the court had jurisdiction over the respondent by virtue of a writ of foreign attachment on Republic of Korea funds deposited in two New York banks. Respondent, in a special appearance, moved to dismiss the libel on the alternative grounds that property of a foreign sovereign is immune from seizure and that the purchase of rice …

Exchange Control, Roland J. Stanger

Articles by Maurer Faculty

No abstract provided.

The Antitrust Laws In Foregin Commerce, Robert A. Nitschke

Michigan Law Review

The Sherman Act applies to trade or commerce "with foreign nations." Are there differences in the act's application to foreign trade compared with its application to domestic commerce? The Attorney General's National Committee to Study the Antitrust Laws was constituted at a time when this question was pressing for an answer.

During the 1920's and 1930's, the international cartel movement was in full Hood. American companies participated in some of these international arrangements, often in the belief that they were a necessary condition for world trade and upon the legal premise that restrictions adjunctive to patent and know-how licenses were …

The Emerging Concept Of Supranationality In Recent International Agreements, Reuben Efron, Allan S. Nanes

Kentucky Law Journal

No abstract provided.

The Law Of International Payments. By Walter Hug., Arthur Lenhoff

Buffalo Law Review

No abstract provided.

Corporations - Effect Of Domestication Statute On Foreign Corporations, J. David Voss S.Ed.

Michigan Law Review

Plaintiff brought suit to enjoin the collection of a state tax on intangibles consisting of stocks held by plaintiff in domesticated foreign corporations. The lower court enjoined the defendant, a county treasurer, from collecting the tax. On appeal, held, reversed, three judges dissenting. A foreign corporation which has complied with the Nebraska domestication statute is a foreign corporation for purposes of the Nebraska intangibles tax. Omaha Nat. Bank v. Jensen, (Neb. 1953) 58 N.W. (2d) 582.

That Pierced Veil-Friendly Stockholders And Enemy Corporations, Norman S. Fink

Michigan Law Review

Consider, if you will, the position of Mr. A, an ordinary resident of Suburbia, Long Island, New York, U.S.A., who on the advice of his stock broker that he has an opportunity to buy a "growth" stock, invests $5,000 in 100 shares of X company, organized under the laws of Switzerland. The World erupts into another tragic war and Mr. A receives peremptory demand from his government to turn over his shares to it. He learns that his investment gives aid and comfort to the enemy since X company, apparently a non-belligerent enterprise in a neutral country, is alleged …

A Tariff Primer, Stanley J. Emerling

Cleveland State Law Review

It is evident from the examination of these cases that the proponents of a tariff policy are well supported by Constitutional authority and logic depending on the time and necessity of the situation. Economically also there are many instances in which a reduction in or denial of tariff policy would be to the detriment of our country. The only point worth taking in summary of this complex problem is the fact that a mere permissive use of a tariff doesn't necessarily mean that the country's best interests are always served by a too rigid application of such measures. The reciprocal …

The Western Hemisphere Trading Corporation; In Outline, Samuel Laderman

Cleveland State Law Review

One of the last frontiers of effective tax reduction exists in the exporting field. This device was specifically created by Congress to enable American corporations trading in foreign countries within the Western Hemisphere to compete with foreign corporations and has been approved by the Commissioner of Internal Revenue. There is no federal law providing for the incorporation of Western Hemisphere Trade Corporations. The corporations are organized under applicable state law and qualify as Western Hemisphere Trade Corporations.

Wilcox: A Charter For World Trade, Michigan Law Review

Michigan Law Review

A Review of A CHARTER FOR WORLD TRADE By Clair Wilcox.