Transnational Law Commons^™

A New Approach To Transnational Insolvencies, Robert K. Rasmussen

Michigan Journal of International Law

Part I of this article sets forth the general problems associated with transnational bankruptcies. Part II then shows that, from an efficiency standpoint, the optimal solution would be to allow firms to select, at the time of incorporation, which set of bankruptcy rules will govern in the event of financial distress. Part III examines the transnational bankruptcy problem under the assumption that each nation will continue to dictate the content of its bankruptcy laws. The accepted wisdom is that under this assumption, the best solution to transnational insolvencies is for all countries to adopt a rule whereby the home jurisdiction …

The Role Of United States Trade Laws In Resolving The Florida-Mexico Tomato Conflict, Stephen J. Powell, Mark A. Barnett

UF Law Faculty Publications

For discussion purposes, we have been asked to assume that the agreement entered into in October 1996 between the U.S. Department of Commerce (Commerce) and Mexican tomato exporters, which resulted in suspension of an antidumping investigation of tomatoes from Mexico, has ended. The new owner of many of Florida's winter vegetable producers, concerned with the continuing rise in market share represented by Mexican imports, is considering further action under the trade remedy and other laws. This article will discuss the potential role of the antidumping and countervailing duty laws in these deliberations, as well as the operation of the dispute …

Roundtable Discussion, Joseph W. Dellapenna, Laurelyn Douglas, Ted Hagelin, Edwin L.-C. Lai, Harold G. Maier, Yu Ping, John M. Rogers, Ying J. Rogers, Peter Wesley-Smith

Vanderbilt Journal of Transnational Law

What we are trying to do in this meeting is to predict what Hong Kong is going to become. One thing of which we can be fairly confident is that we can't know now what Hong Kong will become. Yet speculating is often worthwhile, and so this morning I've asked Peter [Wesley-Smith] and I gave him two minutes' warning--to continue what he had done at the outset of yesterday's sessions. You'll remember that he described a history of the relationship among Hong Kong, various treaties, and what is now the People's Republic of China (hereinafter P.R.C.). I've asked Peter if …

Are Tuna And Dolphins The Same? A Rule Of Reason Approach To Resolve The Trade And Environment Conflict, Anantha K. Paruthipattu

LLM Theses and Essays

Trade and environment are both primary values in an ecologically and economically interdependent world; unleashing trade without regard to environmental impact is as detrimental as guarding the environment at the expense of trade and development. Tuna and dolphins have come to symbolize the policy struggle between trade and environment. In early 1990, the United States banned the import of tuna from Mexico and other countries that were fishing in a manner that damaged dolphins in the Eastern Tropical Pacific Ocean. Mexico challenged this ban before a GATT Panel, which ruled against the United States and held that the tuna ban …

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 …

Dumping And Anti-Dumping In International Trade Origins, Legal Nature, And Evolution Developments In Brazil And In The United States, Luiz Claudio Duarte

LLM Theses and Essays

Dumping is when an exporting country sells their goods in the foreign market for less than the price of the goods in their own domestic market. Dumping has a negative connotation because it threatens domestic industries in the importing country. In response to harmful dumping situations, mechanisms of defense have been developed to protect nations from unfair trade practices. The General Agreement on Tariffs and Trade (GATT) recognizes in Article VI anti-dumping tariffs as a legitimate defense to protect domestic industries from foreign predatory pricing practices. This paper focuses on anti-dumping developments in international trade since the beginning of the …

The Issue Of The Legal Validity Of Using Economic Sanctions To Enforce Human Rights, Thomas Hailu

LLM Theses and Essays

The international legal regime as it pertains to human rights is neither as established nor as definitive as it appears. It suffers from many disadvantages, the first and most important of which is the fact that the international legal regime has never been capable of effectively enforcing its rules or instituting appropriate remedies for its breaches. Some states have attempted to make up for this inability on behalf of international law by undertaking an enforcement mechanism either unilaterally or multilaterally; economic sanctions are often regarded as valuable tools of enforcement to be used against countries which are allegedly engaged in …

Oppression Of Minority Shareholders In Close Corporations: The Dissolution And Buy Out Remedies, Alexis Wochenmarkt

LLM Theses and Essays

To understand the potentially dramatic consequences of oppression in a close corporation it is in the first instance necessary, to outline the specific characteristics of these corporations. This thesis concentrates on the peculiarities of close corporations. Most states enacted "oppression" as a generic ground for remedial action. This study evaluates the different standards emphasizing reasonable expectations. Reasonable expectations if properly limited appears to be an efficient tool to measure oppression. In other jurisdictions, mainly where oppression is not available as a ground for dissolution, courts encountered the needs of close corporations by enhancing the owed fiduciary duties. Thus, in some …

The Passive Virtues And The World Court: Pro-Dialogic Abstention By The International Court Of Justice, Antonio F. Perez

Scholarly Articles

Only a few years ago the International Court of Justiceseemed to be edging toward judicial activism. This article argues that in its most recent pronouncements the ICJ has instead employed a variety of techniques for abstention. The ICJ's use of this "arsenal of devices" recalls, however, Alexander Bickel's argument for the exercise of judicial restraint by the U.S. Supreme Court in a way that nonetheless allows the judicial organ to stimulate constitutional politics. In the recent contentious cases and advisory opinions concerning the status of East Timor, exploitation of the natural resources of Nauru, and a trilogy of nuclear testing …

Securities Disclosure In A Globalizing Market: Who Should Regulate Whom, Merritt B. Fox

Faculty Scholarship

One of the most dramatic examples of increasing interaction across national boundaries in recent years has been the burgeoning volume of transnational transactions in corporate equities. Most developed capitalist countries impose affirmative obligations on issuers of corporate equity to disclose certain information about themselves. While these obligations are imposed on issuers, they are triggered by transactions. The growth in transnational transactions is thus increasingly raising difficult issues concerning the reach of differing national regimes. Given the magnitude of legal resources devoted to compliance with such disclosure regulations, they promise to feature prominently in the larger discussion of the role of …

Golden Rules For Transboundary Pollution, Thomas W. Merrill

Faculty Scholarship

Environmental law is becoming ever more centralized. In the United States, state and local pollution laws have been eclipsed by federal regulation. In the European Community, and to a lesser degree under the North American Free Trade Agreement (NAFTA), national controls have been supplemented by regional regulation. And the growing importance of treaties regulating particular aspects of the global environment has reinforced calls for more general regimes of international environmental regulation.

One inevitably given justification for this centralizing trend is that pollution is a transboundary phenomenon. Air and water pollution, and to a lesser extent groundwater contamination, can cross political …

The Role Of Governments In The Development Of Human Resources Training For Employability: The U.S. Side, Marie-Louise Caravatti

Canada-United States Law Journal

No abstract provided.

Legal Aspects Of Human Resources In The Canada/U.S. Context: A Comparative Look At Hiring, Termination, And Regulation Of The Workplace: A Canadian Perspective, Roy L. Heenan

Canada-United States Law Journal

No abstract provided.

Discussion After The Speeches Of Robert Meade And Edward C. Chiasson, Discussion

Canada-United States Law Journal

No abstract provided.

"Green Helmets": A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone

Michigan Journal of International Law

Although 1995 marks the fiftieth anniversary of the birth of the United Nations, the year also marks the fifth anniversary of a newly revitalized Security Council. In this period of five years, scholarly debate on the Security Council has shifted from what it might do if it could act to what substantive limits, if any, exist on the Security Council's authority to act under the Charter. The legitimacy of the Security Council's authority under the Charter arises both in its initial determination of when it can act and in its determination of the appropriate scope of its actions once it …

The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam

Michigan Journal of International Law

This article discusses the views of these commentators in the light of the language, history, and policies underlying Article 51. It concludes that the Charter was not intended to and should not be interpreted to deny a state the right of self-defense, even if the Security Council has taken measures to deal with the problem; if states are to cede their right to self-defense once the Security Council has taken measures, that should be made explicit.

Duress And Provocation As Excuses To Murder: Salutary Lessons From Recent Anglo-American Jurisprudence, Alan Reed

Florida State University Journal of Transnational Law & Policy

The defenses of duress and provocation can be analogized as concessions to human frailty. Both defenses are predicated upon "confession and avoidance." In each scenario, the defendants actually admit the completion of the actus reus with the attendant mens rea (confession) but seek to excuse their conduct to deny criminal liability (avoidance). Essentially, both defenses involve a concoction of excuse, moral involuntariness, and human frailty. They focus attention on legitimate societal expectations of the reasonable man in criminal law. Unfortunately, the Anglo-American tradition, vis a vis these defenses, is replete with vagaries, inconsistencies, and anomalies. Comparing these defenses in English …

Intellectual Property Protection Of Software: International Perspectives: Foreword, 14 J. Marshall J. Computer & Info. L. 657 (1996), Donald P. Reynolds

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Aspects Of Human Resources In The Canada/U.S. Context: A Comparative Look At Hiring, Termination, And Regulation In The Workplace: A U.S. Perspective, Robert B. Cottington

Canada-United States Law Journal

No abstract provided.

Discussion After The Speech Of John S. Mckennirey, Discussion

Canada-United States Law Journal

No abstract provided.

Challenges In Human Resources Utilization And The Impact On Other Stakeholders From Globalization, Technological Advances, Restructuring, And Downsizing: A View From The States, James Bennett

Canada-United States Law Journal

No abstract provided.

If It Walks Like A Duck: A Proposal To Unify U.S. Customs' Treatment Of Infringing Imports, 29 J. Marshall L. Rev. 711 (1996), Keith M. Stolte

UIC Law Review

No abstract provided.

An Assessment: Where We Stand Today In Terms Of The Development And Utilization Of Human Resources--A U.S. Perspective, Peter Pestillo

Canada-United States Law Journal

No abstract provided.

Table Of Contents, Volume 22 (1996)

Canada-United States Law Journal

No abstract provided.

Title Page, Volume 22 (1996)

Canada-United States Law Journal

No abstract provided.

Introduction And History Of The Canada-U.S. Law Institute, Sidney Picker Jr.

Canada-United States Law Journal

No abstract provided.

Discussion After The Speeches Of Peter Pestillo And Gordon Betcherman, Discussion

Canada-United States Law Journal

No abstract provided.

Human Resources In Canada: The Impact Of Nafta On Human Resources, Gordon Betcherman

Canada-United States Law Journal

No abstract provided.

Conference Opening, Henry T. King Jr.

Canada-United States Law Journal

No abstract provided.

Discussion After The Speeches Of Marie-Louise Caravatti And Yves Poisson, Discussion

Canada-United States Law Journal

No abstract provided.