Transnational Law Commons^™

Paris Forum Documents

Penn State International Law Review (1982 - 2011)

No abstract provided.

Remarks Of Michel Gout, Michael Gout

Penn State International Law Review (1982 - 2011)

No abstract provided.

Presented By The Council Of The Bars And Law Societies Of The European Community, Carl Bevernage

Penn State International Law Review (1982 - 2011)

No abstract provided.

Remarks Of Shigeru Kobori, Shigeru Kobori

Penn State International Law Review (1982 - 2011)

No abstract provided.

Presented By The Law Council Of Australia, Fabian Dixon, Peter Levy

Penn State International Law Review (1982 - 2011)

No abstract provided.

An Introduction To The Paris Forum On Transnational Practice For The Legal Profession, Laurel S. Terry

Penn State International Law Review (1982 - 2011)

No abstract provided.

Presentation Paper Of The New York State Bar Association

Penn State International Law Review (1982 - 2011)

No abstract provided.

Remarks Of Philip S. Anderson, Philip S. Anderson

Penn State International Law Review (1982 - 2011)

No abstract provided.

Presented By The American Bar Association Section For International Law And Practice, Donald H. Rivkin

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Unique Characteristics Of Korean Attorneys' System, Ham Jung-Ho

Penn State International Law Review (1982 - 2011)

No abstract provided.

An Analysis Of The $1.25 Billion Settlement Between The Swiss Banks And Holocaust Survivors And Holocaust Victims' Heirs, Jeffrey Craig Mickletz

Penn State International Law Review (1982 - 2011)

No abstract provided.

Could "Bad Kids" Be Saved By Better Laws? A Comparison Of Current Federal Legislation Of The United States And Canada, Jessica Elaine Becker

Penn State International Law Review (1982 - 2011)

No abstract provided.

Presented By The Japan Federation Of Bar Associations, Shigeru Kobori

Penn State International Law Review (1982 - 2011)

No abstract provided.

Introduction - Denver Journal Of International Law And Policy, Thomas E. Carbonneau

Faculty Scholarship

The reconciliation of national law with a transborder standard is at the heart of the European enterprise to create an integrated legal process. Such reconciliation is also necessary to establish a unified political community with common core values. The various cases that are analyzed in this issue address critical questions of law and policy, and demonstrate the court’s progress in elaborating a communitarian practice in the various subject areas.

In the cases that are studied, the ECJ rendered preliminary rulings on previously unresolved issues of Community law. The ECJ has the power under Article 177 ofthe EC Treaty to issue …

Debating The Proper Role Of National Law Under The New York Convention, Thomas E. Carbonneau

Faculty Scholarship

One of the many consequences of the progressive development of globalization apparently has been to incite a vigorous debate among leading members of the international arbitral community about the role of national law in implementing the enforcement regime of the New York Arbitration Convention (Convention). The debate was provoked by federal court rulings in two recent cases: Chromalloy Aeroservices v. Arab Republic of Egypt (Chromalloy) and Alghanim & Sons v. Toys"R" Us (Toys "R" Us). Prior to these opinions, there appeared to have been an implicit consensus in the international community regarding the "anational"character of …

Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont

Penn State International Law Review (1982 - 2011)

No abstract provided.

On The Trail Of A Spectre-Destabilisation Of Developing And Transitional Economics: A Case Study Of Corruption In Nigeria, Ryan James

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Role Of Arbitration In Resolving Transnational Disputes: A Survey Of Trends In The People’S Republic Of China, Catherine A. Rogers, Frederick Brown

Faculty Scholarship

The purpose of this Essay is to provide investors and practitioners with a realistic overview of the strengths and limitations of international arbitration in China. Part I of this Essay provides some general comments about the economic, social, and cultural reasons why arbitration is a popular choice among both international investors and Chinese nationals. Part I concludes that arbitration can only provide a partial solution to the ills of China’s legal system. Part II examines how the observations in Part I manifest themselves in recent developments affecting arbitration in China. Part III examines the range of efforts by foreign investors …

Transboundary Shipments Of Toxic Waste: The Basel And Bamako Conventions: Do Third World Countries Have A Choice?, B. John Ovink

Penn State International Law Review (1982 - 2011)

No abstract provided.

Cartesian Logic And Frontier Politics: French And American Concepts Of Arbitrability, Thomas E. Carbonneau, Francois Janson

Faculty Scholarship

This comparative essay represents an attempt to introduce a measure of counterpoise in a growing and much-heralded development in the world law of arbitration. Recent decisional law in the United States, France, and other countries have challenged the strategic significance of the concept of arbitrability in the legal regulation of arbitration. The essay seeks, first, to clarify the function of arbitrability in the law of arbitration and, second, to argue against its judicial deconstruction in either the international or domestic context. The key objective of the analysis is to demonstrate the vital role of demarcation that arbitrability plays between state …

Tax Liability And Inarbitrability In International Commercial Arbitration, Thomas E. Carbonneau, Andrew W. Sheldrick

Faculty Scholarship

This essay engages in a narrow but crucial inquiry into the limits the inarbitrability defense may now impose upon the exercise of arbitral jurisdiction. While it is assumed that matters relating directly to status and capacity, testamentary dispositions, and title to immovable property fall outside the jurisdictional reach of international arbitrators, the question becomes whether any national regulatory laws, such as tax laws, benefit from the same status of inviolability.

Introduction: The Internationalization Of Law And Legal Practice, Thomas E. Carbonneau

Faculty Scholarship

The Eason-Weinmann Colloquium entitled "The Internationalization of Law and Legal Practice," held in March 1988, addressed the challenges posed to conventional legal practice and rules of law by the evolution of the international marketplace. In light of the increasingly international character of commercial transactions, could or should disputes in transnational business ventures be adjudicated exclusively within national processes and according to domestic strictures? Does the character of these transactions portend the creation of a new genre of lawyering? Are current academic curricula adapted to the molding of this new breed of lawyers? Is a functional international bar possible? Do we …

America And Other National Variations On The Theme Of International Commercial Arbitration, Thomas E. Carbonneau

Faculty Scholarship

Despite attempts at harmonization through treaty relations and State participation in multilateral organizations, the international arena is a composite of unsettled and unsettling structures. The volatility of global politics and discordant national perceptions of legitimate lawful conduct constitute a precarious, usually unsuitable, basis for an international rule of law. Domestic concepts of legality rarely serve as adequate instruments for molding the character of international relations. The irreducible principle of national sovereignty makes the world community resistant to the adoption of universal juridical standards and consecrates the fragmentation of national self-interest as the ultimate source of legality among nation-states. This article …

Ordinary People: Soviet-American Transnational Marriage And The International Implications Of Divided Spouses, Julia T. Garrett

Penn State International Law Review (1982 - 2011)

They are indeed ordinary people. This comment examines the problem of divided spouses and blocked marriages within the framework of international law and the complex realties of superpower politics between the United States and Soviet Union. The author utilizes illustrative cases, suggests remedies, and discusses the possible future international implications of leaving the issue unresolved.

Transnational Law-Making: Assessing The Impact Of The Vienna Convention And The Viability Of Arbitral Adjudication, Thomas E. Carbonneau

Faculty Scholarship

Questions concerning the future orientation of the process are more pressing and demand a definition of the international mission and role of arbitral adjudication. Nations share the perception that national economies are no longer autonomous, that they must function within a larger global framework. The question then becomes not whether a uniform international law of sales is needed, but rather how it is to be achieved. The transnational preeminence that arbitration has gained as a remedial mechanism makes it a likely vehicle for elaborating a common law of international contracts.

This article assesses the impact of the Vienna Convention upon …

The Exuberant Pathway To Quixiotic Internationalism: Assessing The Folly Of Mitsubishi, Thomas E. Carbonneau

Faculty Scholarship

The writing on international commercial arbitration often is replete with statements affirming the necessity and advocating the progression of the institution. Indeed, the transnational consensus on commercial arbitration is exceptional - a rare example of viable cohesion in the fragmented arena of international affairs. The unifying spirit of the 1958 New York Arbitration Convention, the uniformity of approach among national courts to the implementation of the Convention, and national legislation supportive of the emerging international consensus on arbitration attest to a willingness to eradicate parochial concerns, to respond to felt needs, and to achieve functional international cooperation.

The United States …

The Multinational's Dilemma: The Ibm Proceeding In Europe, William F. Colby Jr.

Penn State International Law Review (1982 - 2011)

This Comment will discuss the extraterritorial application of antitrust legislation in general and the international conflicts produced thereby.

Rendering Arbitral Awards With Reasons: The Elaboration Of Common Law Of International Transactions, Thomas E. Carbonneau

Faculty Scholarship

With the growth of international trade, arbitration has emerged as the preferred remedy for resolving private international commercial disputes. In fact, among major Western legal systems such as those of England, the United States and France, statutory and decisional law developments indicate a nearly complete acceptance of international arbitral adjudication. This recognition of arbitral procedure and the enforcement of awards, which are given uniform legal recognition and enforcement by domestic legal systems, either as provisions in international conventions or as principles of national statutory or decisional law. These rules, in effect, represent an international consensus on arbitration and constitute a …

Transnational Litigation In American Courts: An Overview Of Problems And Issues, Robert B. Von Mehren

Penn State International Law Review (1982 - 2011)

This Article discusses problems and issues that attorneys practicing in the area of transnational litigation must understand. These issues include obtaining jurisdiction, forum non conveniens, and service of summons.

Export Trade Certificates Of Review: Will Efficacy Be Permitted?, John A. Maher, Nancy J. Lamont

Penn State International Law Review (1982 - 2011)

A vital concept explicit in the Export Trading Company Act (ETCA) and implicit in its Title III is that the time has come for American export cartelism. This is in response to a world in which international trading does not routinely honor the competition principles to which the United States ordinarliy adheres. Despite various successful and unsuccessful attempts, it is not America's job to reform the world. It is foolish to expect American companies to compete in world markets on terms other than those which govern their competitors.