Transnational Law Commons^™

Transnational Discovery In The Extraterritorial Application Of U.S. Antitrust Laws, Maria Eugenia Gimenez

LLM Theses and Essays

After World War II, there was a push for economic integration to promote growth and prevent conflict. Multinational corporations became key players, but their mobility and links to different countries created legal challenges, with nations seeking to assert their laws and policies over foreign entities. U.S. courts’ efforts to compel compliance with antitrust laws abroad can lead to conflicts with foreign jurisdictions, especially concerning the disclosure of evidence held by foreign entities. The “effects doctrine” allows U.S. antitrust laws to be applied to foreign conduct if they have intended economic effects in the U.S. Subsequent cases refined this doctrine, considering …

Sino-American Equity Joint Ventures In The People's Republic China, Lu Wang

LLM Theses and Essays

This LL.M. thesis provides a comprehensive examination of the legal framework governing Sino-American equity joint ventures in the People's Republic of China, written from the standpoint of an American investor navigating the rapidly evolving Chinese legal landscape of the 1980s. The work traces the development of China's foreign investment regime from the watershed adoption of the 1979 Joint Venture Law through subsequent implementing regulations, and analyzes the practical and legal challenges American investors face in establishing and operating equity joint ventures. Key topics include the nature and legal status of joint ventures under the Joint Venture Law and its implementing …

Compulsory Jurisdiction Of The International Court Of Justice: A Study Of Its Acceptance By Nations, Harold J. Owen

Georgia Law Review

THE primary problem confronting both the Permanent Court of International Justice under the League of Nations and the Inter- national Court of Justice under the United Nations has been the reluctance of nations to submit themselves to the compulsory jurisdiction of either court. Consequently to achieve the full potential of international adjudication, a greater number of nations must be convinced of the advantages in utilizing the compulsory jurisdiction of the present International Court of Justice.

When the Statute of the Permanent Court of International Justice was under consideration, many leading international jurists were cognizant of its necessity. American representatives, James …