International Trade Law Commons^™

The Final Act Of The Helsinki Conference: An Artists' Liberation Movement Or A Voyage To Laputa, James A. R. Nafziger

Cleveland State Law Review

The Final Act of the Conference on Security and Co-Operation in Europe, often referred to as the "Helsinki Accords," has important implications for art and artists. The Final Act applies to three broad categories of art law issues: cultural cooperation and exchange of cultural material; the rights of individual artists; and other international cooperation. This study will examine each of these categories in the context of a current or recent problem, consider pertinent provisions of the Final Act, and conclude with a brief recommendation and forecast.

Subsidies And Countervailing Duties--Analysis And A Proposal, John J. Barceló Iii

Cornell Law Faculty Publications

The author recommends a new scheme for regulating the use of government subsidies and countervailing duties in international trade, an area presently regulated by the General Agreement on Tariffs and Trade. He contends that these rules should be based to a large extent on principles of free trade and economic efficiency. In addition to setting out proposed regulations, the author analyzes the strength and weaknesses of free trade theory and of the present GATT rules regarding subsidies and countervailing duties.

Canada And The United States: A Changing Relationship In A Changing World, Panel Discussion And Prognostications, John J. Barceló Iii

Cornell Law Faculty Publications

No abstract provided.

Canada And The United States: A Changing Relationship In A Changing World, Panel Discussion On Regulation Of Foreign Investment And Trade, John J. Barceló Iii

Cornell Law Faculty Publications

No abstract provided.

Recent Decisions, William W. Allen, Alexander A. Hassani, Peter A. Schuller

Vanderbilt Journal of Transnational Law

INCOME TAX--LIQUIDATION OF FOREIGN CORPORATIONS--SHAREHOLDERS IN A LIQUIDATING FOREIGN CORPORATION MUST INCLUDE IN THE CORPORATION'S EARNINGS AND PROFITS ACCOUNT THE AMOUNT OF RECAPTURED EXCESS DEPRECIATION REALIZED UPON THE SALE OF ITS ASSETS

William W. Allen

CUSTOMS DUTIES--ANTIDUMPING ACT OF 1921--THE SECRETARY OF THE TREASURY HAS No AUTHORITY TO TERMINATE A WITH-HOLDING OF APPRAISEMENT PRIOR TO THE PUBLICATION OF A DUMPING FINDING BASED ON A LIKELIHOOD OF INJURY DETERMINATION BY THE INTERNATIONAL TRADE COMMISSION

Alexander A. Hassani

INTERNATIONAL BANKING--BANKRUPTCY-FOREIGN BANKS NEITHER REGULATED BY NOR LICENSED To Do BUSINESS IN THE UNITED STATES MAY FILE FOR VOLUNTARY BANKRUPTCY UNDER THE NATIONAL BANKRUPTCY …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

A Practical Guide to U.S. Taxation of Overseas Americans

By Thomas E. Johnson

London: Raftwain Ltd., 1977. Pp. 311. $25.00.

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The Impact of International Organizations on Legal and Institutional Changes in the Developing Countries

New York: International Legal Center, 1977. Pp. 275.

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U.S. Customs Tariffs and Trade

By Eugene T. Rossides

Washington, D.C.: The Bureau of National Affairs, Inc., 1977. Pp. 826. $45.00.

Nigeria: Still Safe For U.S. Investors?, Jerome F. Donovan

Vanderbilt Journal of Transnational Law

Doing business in Nigeria has never been easy. Delays and frustrations are commonplace. Coupled with recent political changes, these formidable considerations may dissuade many potential investors from entering Nigeria. Nigeria, however, has an important role in international economics, which is sure to increase in significance. Thus, American businessmen may find that they cannot afford to ignore Nigeria, despite their inclination to do so. Nigeria's government has taken positive and far-reaching steps to encourage and protect foreign investment in order to better meet the country's economic, social, and political needs. Innovative American businessmen sensitive to local needs can certainly find their …

The Legal Status Of Foreign Investments In The East African Common Market, T. O. Elias

Vanderbilt Journal of Transnational Law

One noticeable development in the field of International Economic Law during the last decade since the United Nations ushered in the new era of an economic world order has been the growing literature on the law of investments, especially in respect to developing economies. International Economic Law itself is a recent specialist off-shoot of general public international law, having been nurtured and popularized as a subject of separate university discipline in its own right within the last 30 years or so by Schwarzenberger among others. Notable, generally, among the specialized studies on international investments law are Worthley's Expropriation in Public …

The Contemporary Evolution Of Intermodal And International Transport Regulation Under The Interstate Commerce Act, Paul S. Dempsey

Vanderbilt Journal of Transnational Law

n our era of rapidly diminishing impediments to the free flow of capital, goods, technology, and services between nations, transnational commercial activity has become extremely important to our national economy. New frontiers are being broken as raw materials and manufactured products move more freely between nations which have heretofore shared little in culture, history, religion, race, or economic and political philosophy. Certainly, governmental initiatives designed to eliminate trade inhibitions are responsible for much of this growth. Tariff walls are crumbling. The world economy is prospering. The interdependencies that flourish between members of the world community as a result of bilateral …

Choice Of Forum And Public Policy: Some Indications Of The Development In United States Law Of A Distinct "International" Public Policy, Gabriel M. Wilner

Scholarly Works

In this decade, the United States Supreme Court decided two cases which revolved around the enforceability of choice of forum clauses contained in transnational commercial contracts. The decisions which the Court rendered reshaped significantly the legal contours of the enforceability of such clauses. In the two cases, the Court signaled that it was prepared to recognize the distinction between what may be termed "internal" public policy and what may be termed "international" public policy. The recognition of this distinction is likely to have a vital bearing on the right of persons to provide for a specific foreign judicial or arbitral …

Towards Integrated Management Of International Trade - The U.S. Trade Act Of 1974, Kazimierz Grzybowski, Victor Rud, George Stepanyenko

Faculty Scholarship

No abstract provided.

The Foreign Investment Climate In Nigeria, Bernard Blankenheimer

Vanderbilt Journal of Transnational Law

Foreign investment in Nigeria requires careful planning and attention to local requirements. For those investors willing to take the necessary time and effort the opportunities offered can be rewarding. The prospective American investor must inform himself of political, economic, and social conditions. He must adapt himself to dealing with Africans and must try to understand their social and cultural patterns and their historical evolution. In the past this was desirable, but not essential, since business contacts were predominantly European. Today it is critical.

Invitations by Nigerians for joint projects involving public participation need not be regarded as an overriding obstacle …

The Andean Code After Five Years, Roberto Dañino

University of Miami Inter-American Law Review

No abstract provided.

The Foreign Trade Aspects Of The Trade Act Of 1974 Part Ii, Robert M. Campbell

Washington and Lee Law Review

No abstract provided.

Encouraging Foreign Investment In The United States By Limiting The President's Emergency Authority Under The Trading With The Enemy Act, Michael T. Sawyier

Mercer Law Review

Recently the House passed, in slightly amended form, the National Emergencies Act, first passed by the Senate in 1974, under which most of the vast emergency powers delegated to the President by Congress during the past sixty years are to be restricted or eliminated and the various states of emergency now in effect terminated except in certain respects. One of the areas in which emergency power will still prevail, at lease in potential, is that of the regulation of foreign investment in the United States. While popular and legislative attention has been focused on the alleged threat of a "petrodollar" …

Political Implications Of Foreign Investment In The United States, Daniel K. Inouye

Mercer Law Review

In 1973, an unprecedented inflow of foreign investment into the United States caught American policy-makers and the general public totally unprepared for the experience. In that year alone, foreign direct investment (FDI) increased by $3.42 billion, more than a three-fold increase over the previous year, representing a 23 per cent rise in the aggregate foreign direct investment in the United States.

In addition to direct investment, portfolio equity investment amounted to $24.8 billion, for a total long-term equity investment in 1973 of $43 billion. The total for 1974, the beginning of the recent global recession, showed similar growth. FDI for …

Is Georgia On Their Minds?--Some Legal Aspects Of Investment And Trade By Foreign Business Enterprises, Gabriel M. Wilner, Terri K. Smith

Mercer Law Review

Traveling north on 1-75 through Macon, Georgia, a motorist will pass a billboard, looking much like a zipper, which boasts the name of the world's largest zipper manufacturer. What the sign does not mention is that the company, YKK Zipper Company, Inc., is a subsidiary of Yoshida Kogyo K.K. which is headquartered in Tokyo. This business entity is just one of the many in a growing number of businesses which are presently operating within Georgia and which are established in, or have legal connections with, business entities outside the United States.

With the increasing interdependence among nations in a multitude …

The U.N. Economic Charter And U.S. Investment And Policy, G.A. Zaphiriou

Mercer Law Review

The United Nations General Assembly adopted the Charter of Economic Rights and Duties of States (the Economic Charter) on December 12, 1974, by a 120-6-10 vote. The background, the non-binding character of the Economic Charter, and some of its provisions have been analyzed in an article by Charles N. Brewer and John B. Tepe, Jr. which is based on a report approved by a subcommittee of the Section of International Law of the American Bar Association.

The purpose of the present analysis is:

1. To express a further opinion on the legal effect of the Economic Charter leading to the application …

U.S.-Soviet Trade: Problems And Prospects, S. Osofsky

Mercer Law Review

Before the Second World War, U.S. trade with the Soviet Union involved the U.S. export of machinery and equipment, and the import of minerals and animal products. Imports were normally one-fourth or one third of the volume of exports. U.S. exports peaked in 1930 and 1931 with exports of $114 million and $104 million. U.S. exports to the Soviet Union never represented more than 2% of total U.S. exports, whereas Soviet imports from the United States at times constituted some 25% of total imports. With political recognition in 1933 came hopes of a dramatic upsurge in trade, but the failure …

Foreign Investors And Equal Protection, John R. Liebman, Beth Levine

Mercer Law Review

Few recent developments in the realm of multinational finance have found as raw a nerve as the flow of foreign capital into the domestic American economy. In the recent past, foreign investments here have increased at a much faster rate than U.S. investments abroad. Foreign investment in the United States stood at 15% of total U.S. investment abroad in 1972; by 1974, that ratio had increased to 18%. Moreover, the mix of foreign investment has shifted from such non-manufacturing industries as insurance, petroleum, and retail trade to manufacturing, which now accounts for nearly half of all foreign investments in the …

The U.S. International Trade Commission's 30-Day Inquiry Under The Antidumping Act: Section 201 (C)(2), John F. Mcdermid, F. David Foster

Mercer Law Review

In 1921, a new antidumping act was enacted into domestic law., The Antidumping Act of 1921 was part of a coordinated effort by the U.S. government to protect infant U.S. industries, particularly the petrochemical industry which burgeoned during World War I, from the increasing competition of European industries seeking markets to utilize capacity which had been devoted to war efforts. The Act was directed against international price discrimination, and the substance of its principal operative provision remained unchanged through a series of amendments. Basically, the Antidumping Act provides that articles imported into the United States will be subject to a …

New Departures In Multilateral Trade, Development And Cooperation: The Lome Convention And Its Impact On The United States, Edward A. Laing

Mercer Law Review

On February 28, 1975, the European Economic Community (EEC) and 46 states of Africa, the Caribbean and the Pacific, signed the ACP-EEC Lome Convention at Lome, the capital of Togo. The Convention, which marks the culmination of a series of arrangements commencing in 1957 between the EEC and African territories on trade and aid relationships, has been hailed as a very significant and an unique instrument. It will now be discussed in the context of several general trends in multilateral trade, development and cooperation and an assessment of its impact on the United States will be made.

Banks--International--Analysis Of Georgia's International Bank Agency Act, Harry W. Krumenauer

Mercer Law Review

This article will examine Part V of the Financial Institutions Code of Georgia, the International Bank Agency Act, and its interrelationship with Parts I and II of the Financial Institutions Code governing domestic banking. The effect of the Foreign Corporations Chapter of the Corporation Code of Georgia on Part V of the Financial Institutions Code will also be considered. A comparison will be made between Part V of the Financial Institutions Code and the codes of New York and California relating to international banking. Attention will be given to problems which have arisen in other states and how these problems …

Federal Regulations Pertaining To Collection, Import, Export, And Transport Of Scientific Specimens Of Mammals, Hugh H. Genoways, Jerry R. Choate

University of Nebraska State Museum: Mammalogy Papers

The routine tasks of mammalogists whose research or curatorial activities include collecting, importing, processing, exporting, or interstate transporting of living or dead scientific specimens of mammals have become increasingly complicated by newly enacted (or more rigorously enforced) Federal regulations. These regulations were necessary largely because of the activities of non-scientists, but their provisions have had a tremendous impact on the activities of scientists (especially museum-based systematists and ecologists). Most mammalogists have expressed a willingness to comply with the regulations (although nearly all agree that administration of the permit system should be consolidated into a single office) if they can obtain …

Is Georgia On Their Minds?--Some Legal Aspects Of Investment And Trade By Foreign Business Enterprises, Gabriel M. Wilner, Terry K. Smith

Scholarly Works

This article will focus on the legal environment within the State in regard to foreign investment and trade. In making this survey it is also necessary to note briefly the full context in which foreign investment and trade is accomplished. The State cannot act or fail to act in areas dictated by the economic, political, and social philosophies held by its citizens. Likewise, the State cannot act in areas in which the Federal Government has acted pursuant to the United State Constitution. Among the areas in which the State is prohibited or preempted from acting are foreign affairs, especially in …

The Multinational Corporation And Foreign Investment, John Sparkman

Mercer Law Review

The invitation for me to author an article for the Lead Articles Edition of the Mercer Law Review suggests that we might examine the international impact on the United States of foreign trade and investment. This subject, of course, can be approached in many different ways. I have chosen to focus on the subjects of foreign investment and the multinational corporation as those two matters may have impact on the general subject. These are two subjects which I believe must be given very careful attention as we go forward in developing a position for the United States in changing world …

Cooperative Federalism In International Trade: Its Constitutional Parameters, Harold G. Maier

Mercer Law Review

Traditionally, governmental activity to encourage and facilitate export trade and to encourage direct investment in the United States by foreign entrepreneurs has been the responsibility of the national government, especially the Departments of State and Commerce. During the last five years, however, a significant and growing role is being played by the governments of the several states in developing their own programs and policies to stimulate international trade and investment. This activity includes not only the more traditional advertising of opportunities but the active on-the-spot solicitation of business opportunities abroad. This solicitation is carried on by direct contact between state …

State Government In International Trade, Richard J. Allen

Mercer Law Review

The aim of this article is to review an international trade program as conceived, planned, and conducted by a state government in the United States. The program example selected is that of the State of Georgia.

I. HISTORY OF THE PROGRAM

The current program of activities of the State of Georgia in the field of international trade was begun in 1971 under the leadership of Louis W. Truman, Lieutenant General (United States Army, Retired), who was then Commissioner of the Georgia Department of Community Development. This state department, in common with such departments in many states of the United States, …

The Expanding Role Of The United States International Trade Commission, Daniel Minchew

Mercer Law Review

The Trade Act of 19741 has changed markedly the powers and responsibilities of the United States International Trade Commission (Commission). The authority of the Commission, formerly known as the United States Tariff Commission (Tariff Commission), now extends well beyond the tariff area. This article will examine the growth of the Commission's authority and structure and, perhaps, provide some insight into its possible future development.

Current Problems Of Structuring Petrodollar Loans, Stuart R. Singer

Mercer Law Review

Rarely, if ever, have we seen a world in which trade has been carried out and investments made across national frontiers through the medium of freely available convertible currencies. The growth of multinational corporations on a large scale has, in the middle of the twentieth century, put the problem of transferability, convertibility, and financing to the forefront of the businessman's major problems. While it is true that the currencies of Western Europe and the other major trading partners of the United States are largely convertible for purposes of current account transactions, and while it is true that major banking groups …