Law and Economics Commons^™

Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty

Benjamin C McCarty

The drafters of the 1958 New York Convention intended Article V(2)(b) to be interpreted narrowly, and while most pro-arbitration national courts do maintain narrowly defined areas of public policy that are sufficient for refusal of the recognition and enforcement of a foreign arbitral award, this is not always the case. Developing states and jurisdictions that maintain corrupt or inefficient judicial systems have shown a greater willingness to invoke the public policy exception for a broader, amorphous variety of reasons. This phenomenon has created a sense of unpredictability among international investors, arbitrators, and business executives as to the amount of deference …

China’S Trade Negotiation Strategies: Matters Of Growth And Regional Economic Integration, Xiaoming Pan

Xiaoming Pan

No abstract provided.

The New Leadership Paradigm In Today’S Financial System: Foreign And Domestic Banking, Valencia Tamir Johnson Dr

Valencia T Johnson

This article discusses the important of new leadership paradigm in today’s financial system and the importance the growth of foreign banking and investment in the United States and abroad. The article provides approaches that would inspire and develop effective leadership within financial organizations (foreign and domestic banking activities among investments, competitiveness, and improving the financial industry).

International Legal Control Of Domestic Administrative Action, Joel P. Trachtman

Joel P Trachtman

International law increasingly is designed to constrain the regulatory activities of countries where these activities have external effects on other countries. While countries retain the right to regulate, it is a qualified right, with a number of restrictions under international trade, investment, finance, human rights, and other areas of international law. The restrictions are often nuanced: while maintaining maximum policy autonomy, countries agree to international legal rules that establish increasingly complex preconditions for national regulatory action. In some cases, preconditions are formulated so as to establish procedural, as distinguished from substantive, predicates for national action. These varying types of preconditions …

A Failure To Consider: Why Lawmakers Create Risk By Ignoring Trade Obligations, David R. Kocan Professor

David R. Kocan Professor

The U.S. Congress frequently passes laws facially unrelated to trade that significantly impact U.S. trade relations. These impacts are often harmful, significant, and long-lasting. Despite this fact, these bills rarely receive adequate consideration of how they will impact trade. Without this consideration, Congress cannot properly conduct a cost-benefit analysis necessary to pass effective laws. To remedy this problem, the U.S. Trade Representative should evaluate U.S. domestic law to determine whether it is consistent with international trade obligations. Moreover, the U.S. Congress committee structure should be amended so that laws that might impact trade are considered within that light. In the …

Rise Of The Intercontinentalexchange And Implications Of Its Merger With Nyse Euronext, Latoya C. Brown

Latoya C. Brown, Esq.

This paper examines the impending merger between the IntercontinentalExchange (ICE) and NYSE Euronext against the backdrop of the current structure of the global financial services industry. The paper concludes that the merger embodies what the financial services industry is becoming and captures the model that will allow exchanges to remain competitive in today’s marketplace: mega-exchanges with broader asset classes and electronic platforms. As technology and globalization threaten their vitality, exchanges will need to continue reinventing and adapting. Increasingly over the last decade they have done so by merging and by moving, at least a part of, their operations on screen. …

The Regulation Of U.S. Money Market Funds: Lessons From Europe, Latoya C. Brown

Latoya C. Brown, Esq.

The recent financial crisis challenged long held perceptions of money market funds (“MMFs”) as stable and highly liquid instruments. Regulators in the US and in Europe now seek to impose additional rules on MMFs to avoid another significant failure as happened to the Reserve Fund. In the US, the debate is drawing even more media attention as question of which regulatory body - such as the Securities and Exchange Commission, the Treasury Department, and the Financial Stability Oversight Council – should lead the way has taken interesting twists and turns. This paper examines primary reform options being proposed in the …

The Key Stone In The Carbon Tariff Wall: The Alberta Oil Sands And The Legality Of Taxing Imports Based On Their Carbon Footprint, Mark L. Belleville

Mark L. Belleville

Can one nation—consistent with international trade law—tax imports or otherwise treat them differently based on the CO2 emitted in another country during production of the import? This Article analyzes the General Agreement on Tariffs and Trade (GATT), relevant World Trade Organization (WTO) decisions, and the considerable amount of scholarship regarding Border Tax Adjustments (BTAs) and concludes that such treatment of imports is legally permissible. In early 2013, the European Union (E.U.) will vote on a proposed rule that seeks to classify crude oil coming into E.U. refineries based on “life-cycle greenhouse gas emissions,” including CO2 emitted during extraction. Canada, seeking …

Ending Judgment Arbitrage: Jurisdictional Competition And The Enforcement Of Foreign Money Judgments In The United States, Gregory Shill

Gregory Shill

Recent multi-billion-dollar damage awards issued by foreign courts against large American companies have focused attention on the once-obscure, patchwork system of enforcing foreign-country judgments in the United States. That system’s structural problems are even more serious than its critics have charged. However, the leading proposals for reform overlook the positive potential embedded in its design.

In the United States, no treaty or federal law controls the domestication of foreign judgments; the process is instead governed by state law. Although they are often conflated in practice, the procedure consists of two formally and conceptually distinct stages: foreign judgments must first be …

International Trade And Insolvency Law: Is The Uncitral Model Law On Cross-Border Insolvency An Answer For Brazil? (An Economic Analysis Of Its Benefits On International Trade), Locatelli, Fernando

Fernando Locatelli

THE promotion of free international trade and the development of global financial markets have resulted in significant changes to the structure and dynamics of commercial relations in the last three decades. International integration among economies has been a useful tool for achieving economic growth. Consequently, most economies are interdependent, and business has been made among traders located in different jurisdictions.

Investors and enterprises have moved toward new boundaries seeking new markets. Companies have radically changed their structures as a means of maximizing profits. Nowadays multinational companies are a common feature, owning assets and assuming obligations in various countries. As a …

Implications For The Vietnamaese Textile And Apparel Industry In Light Of Abolishing The Multifiber Arrangement And The Us - Vietnam Bilateral Investment Treaty, Joseph Pelzman

Joseph Pelzman

No abstract provided.

The New Soviet - East European Economic Relationship: Post Cmea, Joseph Pelzman

Joseph Pelzman

No abstract provided.

The Multifiber Arrangement: Is There A Future Post Uruguay Round?, Joseph Pelzman

Joseph Pelzman

No abstract provided.

The Multifiber Arrangement And Its Effect On The Profit Performance Of The Us Textile Industry, Joseph Pelzman

Joseph Pelzman

No abstract provided.

Costs Of Protecting Jobs In Textiles And Clothing, Joseph Pelzman, Hans-Hinrich Glisman, Dean Spinanger, Martin Wolf

Joseph Pelzman

No abstract provided.

Stakes And Risks In Economic Sanctions, Joseph Pelzman, Tom Bayard, Jorge Perez-Lopez

Joseph Pelzman

No abstract provided.

Economic Costs Of Tariffs And Quotas On Textile And Apparel Products Imported Into The United States: A Survey Of The Literature And Implications For Policies, Joseph Pelzman

Joseph Pelzman

No abstract provided.

The Internationalization Of The American Economy: The Textile Industry, Joseph Pelzman

Joseph Pelzman

No abstract provided.

Direct Employment Effects Of Increased Imports: A Case Study Of The Textile Industry, Joseph Pelzman, Randolph C. Martin

Joseph Pelzman

No abstract provided.

Mfn Tariff Treatment Of Imports From China: Effects On U.S. Employment, Joseph Pelzman, Thomas Bayard, James Orr, Jorge Perez-Lopez

Joseph Pelzman

No abstract provided.

The Welfare Effects Of Reduced Us Tariff Restrictions On Imported Textile Products, Joseph Pelzman, Charles E. Bradberry

Joseph Pelzman

No abstract provided.

Economic Determinants Of Soviet Foreign Trade With Eastern Europe, Joseph Pelzman

Joseph Pelzman

No abstract provided.

Gross Trade Creation And Diversion In Cmea: A Further Response To Jozef M. Van Brabant, Joseph Pelzman

Joseph Pelzman

No abstract provided.

Soviet Comecon Trade: The Question Of Intra-Industry Specialization, Joseph Pelzman

Joseph Pelzman

No abstract provided.

Trade Integration In The Council Of Mutual Economic Assistance: Creation And Diversion 1954-1970, Joseph Pelzman

Joseph Pelzman

No abstract provided.