International Trade Law Commons^™

Presidential Discretion In Foreign Trade And Its Effect On East-West Trade, M. Bassiouni, Eliot Landau

College of Law Faculty

No abstract provided.

Review Of The Validity Of Sales Contracts: A Comparative Study, Whitmore Gray

Reviews

These 2 volumes are a slightly revised version of the substantive reports prepared by the Max Planck Institute in Hamburg (Director: Professor Konrad Zweigert) for the Rome Institute for the Unification of Private Law. They were designed to serve as a basis for the elaboration and discussion of a new uniform law on this subject matter, which would supplement the 1964 Hague conventions on a Uniform Law on the International Sale of Goods and Uniform Law on the Formation of Contract for the International Sale of Goods.

The General Agreement On Tariffs And Trade In United States Domestic Law, John H. Jackson

Michigan Law Review

This article will undertake a two-step analysis. First, in Part II, the question whether GATT is legally a part of United States domestic law will be examined. Then, assuming GATT is part of this law, Part III will examine the extent of GATT's domestic law effect and its general relationship to other law, both federal and state. The chosen focus of this article thus excludes treatment of substantive obligations under specific GATT clauses. It also excludes intensive development of the myriad details of the scope of executive authority to negotiate particular trade concessions under legislation such as the Trade Expansion …

The Antidumping Act And The Future Of East-West Trade, Peter Buck Feller

Michigan Law Review

Because of the peculiarities of price formation in Communist countries, both with regard to export commodities and those intended for domestic consumption, the applicability of traditional antidumping concepts to communist price discrimination, and the usefulness of the Antidumping Act of 1921 in coping with it, are questions which should be examined and resolved before moves toward freer trade between East and West reach full stride. The essence of the problem was captured in a 1963 statement by the then Senator Humphrey: "The present act is ineffective in preventing dumping from communist countries, which can control their home prices by state …

Possible Effects Of The Proposed East-West Trade Relations Act Upon U.S. Import, Export,And Credit Controls, Harold J. Berman, John R. Garson

Vanderbilt Law Review

In 1966, and again in the President's State of the Union message in January 1967, the Administration announced that it would ask Congress to pass an "East-West Trade Relations Act." The immediate effect of such legislation would be to permit the President to abolish existing discriminatory restrictions upon imports from the Soviet Union or other Communist countries of Eastern Europe (excluding East Germany), in the context of bilateral commercial agreements designed to "provide a framework helpful to private United States firms conducting business relations with Communist state trading agencies."' Such agreements, it is contemplated, would be reached" by instituting regular …

State Trading Activities In Hungary, Stephen Szaszy

Vanderbilt Law Review

The influence of the state in the organization and control of foreign trade is, as a matter of course, even greater in socialist states than in Western countries. In socialist countries the characteristic features of foreign trade are state monopolization of foreign trade and foreign exchange. The exclusive bearer and performer of international connections is the state itself. By virtue of its foreign trade monopoly, it not only regulates and directs foreign trade, but it is fully responsible for both concluding and executing international agreements. All operative activities of foreign trading are performed in socialist countries by state-created enterprises, established …

Introduction—U.S./Japanese Trade: Its Scope And Legal Framework, Dan Fenno Henderson

Washington Law Review

For the past several years, the United States has had more trade with Japan than with any other country in the world, except Canada. Furthermore, the state of Washington has had the highest per capita exports to Japan of any of the states, due largely to wheat, logs, and jet aircraft. Besides its obvious benefits, growing trade interdependence has caused its own frictions which have, in turn, required intervention by the American and Japanese governments. This has produced treaties as well as national legal regulation in both Japan and the United States to supplement the private law of sales. Something …

Problems Of Performance Of Sales Contracts Under Japanese And American Law, Katsuro Kanzaki, William C. Jones

Washington Law Review

This article will discuss the problem of performance of contracts for the sale of goods (personal property) under American and Japanese law. The discussion of American law will be limited almost entirely to the Uniform Commercial Code. Excluded from this discussion are risk of loss, impossibility and frustration, and products liability; these topics are treated elsewhere in this symposium.

Impossibility And Frustration In Sales Contracts, Kiyoshi Igarashi, Luvern V. Rieke

Washington Law Review

Legal principles governing sales under Japanese law, a civil rather than common law system, are at some significant points different from the law of the United States. The treatment accorded problems in the two countries involving "impossibility" of performance and "frustration of purpose" present good examples of the differences. Indeed the latter doctrine, "frustration" in the sense of the well-known Coronation cases, may not have a genuine counterpart in the law of Japan. Historically the differentiation between impossibility and frustration has been difficult enough in the common law, as casual reading of the examples used by Judge Williams in Krell …

Formation Of Contracts For The Sale Of Goods, Calvin W. Corman

Washington Law Review

All advanced legal systems, and all bodies concerned with governing international trade transactions, are today struggling with the problems connected with the need to develop acceptable legal rules for contract formation, particularly involving the sale of goods. This article will set forth some of the problems that are inherent in contract formation, and will describe and compare some of the solutions offered (1) by the civil law systems, especially as seen in Japan, Germany, and France; (2) by the common law systems, especially as expressed both in the developing Second Restatement of Contracts and in the Uniform Commercial Code Article …

Problems Of Performance Of Sales Contracts Under Japanese And American Law, Katsuro Kanzaki, William C. Jones

Washington Law Review

This article will discuss the problem of performance of contracts for the sale of goods (personal property) under American and Japanese law. The discussion of American law will be limited almost entirely to the Uniform Commercial Code. Excluded from this discussion are risk of loss, impossibility and frustration, and products liability; these topics are treated elsewhere in this symposium.

Formation Of Contracts For The Sale Of Goods, Calvin W. Corman

Washington Law Review

All advanced legal systems, and all bodies concerned with governing international trade transactions, are today struggling with the problems connected with the need to develop acceptable legal rules for contract formation, particularly involving the sale of goods. This article will set forth some of the problems that are inherent in contract formation, and will describe and compare some of the solutions offered (1) by the civil law systems, especially as seen in Japan, Germany, and France; (2) by the common law systems, especially as expressed both in the developing Second Restatement of Contracts and in the Uniform Commercial Code Article …

Impossibility And Frustration In Sales Contracts, Kiyoshi Igarashi, Luvern V. Rieke

Washington Law Review

Legal principles governing sales under Japanese law, a civil rather than common law system, are at some significant points different from the law of the United States. The treatment accorded problems in the two countries involving "impossibility" of performance and "frustration of purpose" present good examples of the differences. Indeed the latter doctrine, "frustration" in the sense of the well-known Coronation cases, may not have a genuine counterpart in the law of Japan. Historically the differentiation between impossibility and frustration has been difficult enough in the common law, as casual reading of the examples used by Judge Williams in Krell …

Introduction—U.S./Japanese Trade: Its Scope And Legal Framework, Dan Fenno Henderson

Washington Law Review

For the past several years, the United States has had more trade with Japan than with any other country in the world, except Canada. Furthermore, the state of Washington has had the highest per capita exports to Japan of any of the states, due largely to wheat, logs, and jet aircraft. Besides its obvious benefits, growing trade interdependence has caused its own frictions which have, in turn, required intervention by the American and Japanese governments. This has produced treaties as well as national legal regulation in both Japan and the United States to supplement the private law of sales. Something …

A Symposium On State Trading, William W. Bishop, Jr., Edwin D. Dickinson

Vanderbilt Law Review

It is a privilege and an honor to be invited to introduce the following collection of articles on State Trading. In planning and organizing this symposium, the Vanderbilt Law Review has chosen to deal with an important factor in contemporary economic life--a factor which has widespread ramifications in both domestic and international law. The included articles cover a wide variety of subjects, and represent view-points which differ considerably. They have the common quality of clear and full presentation of information about current problems, while at the same time suggesting further lines for investigation. Each article offers much of interest and …

State Trading Monopolies In The European Economic Community, Ernst-Joachim Mestmacker

Vanderbilt Law Review

Governments have long recognized state trading monopolies as convenient devices to achieve political and commercial objectives concurrently, using the leverage of their economic power to political ends and vice versa. The effectiveness of the Boston Tea Party, and its aftermath, in adjusting state trading monopolies to the requirements of free trade settled the problem for the United States only. Thus, when the parties to the Treaty of Rome' agreed to divest themselves of their control over intra-Community trade by the establishment of a customs union, they were faced with the problems posed by their trading monopolies as well. The state …

Some Legal Problems Of State Trading In Southeast Asia, Chittharanjan F. Amerasinghe

Vanderbilt Law Review

State trading-trade conducted internationally by a state or public agency-has become a feature of the mixed economies of southeast Asia. With the growing importance of economic planning and the increase of state intervention (often tantamount to absolute control)in areas of the economy of individual southeast Asian countries, there has been an expansion of international trading functions by states or public agencies. Much of this trade is conducted at a state to state level, i.e., on a bilateral basis. This kind of infrastructure is attributable in part to the fact that the Communist bloc countries generally either have no place for …

Commercial Treaties And International Trade Transactions In East-West Trade, Clive M. Schmitthoff

Vanderbilt Law Review

Operations of international trade law are transacted on two levels--that of public law and that of private law. This distinction is clearly drawn in the Report of the Secretary-General of the United Nations on "The Progressive Development of the Law of International Trade," a report which, it may be recalled, preceded the establishment of the United Nations Commission on International Trade Law (UNCI-TRAL) in December 1966. That report limits its ambit to the "law of international trade," which is defined as "the body of rules governing commercial relationships of a private law nature involving different countries." The report excludes from …

Communist China's Foreign Trade Organization, Gene T. Hsiao

Vanderbilt Law Review

Although as of October 1966 Communist China has been diplomatically recognized by only fifty countries' and thus still remains outside the world legal community, it has trade relations with more than 120 countries and regions. The annual volume of Peking's foreign trade has been estimated at 2.96 billion dollars in 1963 and 4.5 billion dollars in 1966. The latest Western reports from Peking indicate that foreign buyers and sellers see in "China's 700 million people a market with dazzling prospects and a potential source "of supply of goods they can market profitably in their countries." The official organ of the …

From The Reviews, Journal Staff

Vanderbilt Journal of Transnational Law

From the Reviews

bibliography of writings on international law:

World Military Confrontations / Law, Policy and War / Law and the Maintenance of Peace

International Trade and Finance

European Economic Community

International Organizations

Conflicts

Private International Law

Book Reviews, Josef Rysan, L. G., G. C., R. P. B., W. E. W.

Vanderbilt Journal of Transnational Law

THE FUTURE OF GERMANY

It is significant that the most brilliant and penetrating analysis of the West German democracy comes from the pen of the leading German philosopher, Karl Jaspers. This fact demonstrates that German philosophy which used to be exclusively an "ivory tower" affair has finally come to grips with contemporary social problems. The English edition contains not only the translation of Jaspers' German bestseller, but also of the philosopher's just published "Answer to My Critics."

reviewer: Josef Rysan

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THE ENGLISH

by David Frost and Antony Jay

255 pages Stein and Day, New York, 1968.

reviewer: L.G.

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Book Review Of Law Of International Trade: Documents And Readings, Arthur Selwyn Miller

Journal of Legal Education

No abstract provided.

Customs Censorship, Jay A. Sigler

Cleveland State Law Review

The American national government is engaged in a vast program of censorship which includes a wider range of materials than that usually controlled by local government authority. The attention of the courts and the press has been concentrated primarily upon state and local censorship, but federal activity is usually more significant. The federal government has used the postal and customs powers, derived from Article I, Sec. 8 of the Constitution, to regulate both the internal movement of undesirable material and its entry from abroad. The postal power has been treated elsewhere, but the customs power is at least as important …

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