Transnational Law Commons^™

Discussion After The Speech Of Dr. Choate, Discussion

Canada-United States Law Journal

No abstract provided.

Discussion After The Speeches Of Mr. Frazza, Mr. Thomas And Mr. Stayin, Discussion

Canada-United States Law Journal

No abstract provided.

Exploiting Innovative Technology In Offshore Markets: The Ldc View, Celso Souza

Canada-United States Law Journal

No abstract provided.

Choice Of Law Issues In International Sale Of Goods Contracts, Bayu Seto Hardjowahono

LLM Theses and Essays

The growing quality and quantity of today’s international sales of goods activities is unquestionably influential and vital to the shaping of current national economies throughout the world.

The present work will explore the issue of choice of law questions in international sale of goods contracts by examining the approaches of the Vienna 1980 Convention, the Hague 1955 Convention and the 1985 Draft Convention. The present work concludes by showing that it is advisable for a forum to use the 2^nd Restatement approach in such a situation because of the degree of flexibility it offers in international trade practices.

The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, Harry G. Prince

Michigan Journal of International Law

This study first considers the procedural requirements for proper termination and concludes that Security Council approval is required. Second, this writing identifies the major issues that should be considered if the proposed termination of the Trusteeship Agreement for Micronesia is subjected to Security Council review. Two basic concerns should be the propriety of the division of the Trust Territory into four separate entities and the legitimacy of the agreements between the new governments and the United States for continuing relations as either commonwealth or freely associated states. The history of and practice under the trusteeship system indicate that the particular …

The Implementation Of The Final Act Of Helsinki: The Creation Of New Structures Or The Involvement Of Existing Ones?, Pieter Van Dijk

Michigan Journal of International Law

First, this essay will give some basic information on the character of the Conference on Security and Co-operation in Europe as a process and on the legal nature of the Final Act of Helsinki. Second, it will discuss the follow-up mechanism and its institutional structures. Finally, the essay will evaluate the present situation and attempt to answer the question whether there is any need for the establishment of one or more new international organizations or other structures for the furtherance of the purposes which are (also) covered by the CSCE and its Final Act.

U.N. General Assembly Meetings Held Outside New York, Yehuda Z. Blum

Michigan Journal of International Law

The decision taken by the United Nations General Assembly on December 2, 1988 "to consider the question of Palestine… in plenary, at the United Nations Office at Geneva during the period from December 13-15, 1988" has raised some questions regarding the procedural requirements that have to be fulfilled for General Assembly meetings to be held away from U.N. Headquarters in New York. For a better understanding of the issues involved, it would seem appropriate to summarize briefly the background and developments that led to the General Assembly's decision.

Review Of The Supreme Court's 1988-89 Term And Preview Of The 1989-90 Term For The Transnational Practitioner, J. Clark Kelso

McGeorge School of Law Scholarly Articles

No abstract provided.

Service Of Process Abroad: A Study Of The Adequate Notice Requirement, Jan H.F. Schamp

LLM Theses and Essays

This LL.M. thesis provides a comprehensive comparative analysis of the adequate notice requirement in transnational service of process, examining the interplay between United States constitutional standards, European Communities conventions, and international treaty law. The work begins with a functional analysis of service of process, tracing its dual role as an assertion of territorial jurisdiction and as a mechanism for defendant notification across the American legal system, traditional English Common Law, and the Civil Law tradition. It then undertakes a detailed comparison of the "due notice" requirement under the Due Process Clause of the United States Constitution with the analogous protections …

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 …

The Single European Act: A Constitution For The Community?, George A. Bermann

Faculty Scholarship

If proof were needed that the European Economic Community is still the product of a careful tempering of integrationist impulses with preoccupations of national sovereignty, the recently ratified Single European Act (Single Act or Act) amply supplies it. Although the Single Act represents the most comprehensive revision to date of the Treaty of Rome (EEC Treaty), which established the European Economic Community (European Community or Community), it also reflects the continuing vitality of the view that functional change within the Community takes priority in time over structural and institutional reform. Rather than place European integration on a new set of …

Discussion Following The Remarks Of Mr. Peter Suchman And Mr. Robert Latimer, Discussion

Canada-United States Law Journal

No abstract provided.

Closing Remarks And Discussion, Henry T. King Jr.

Canada-United States Law Journal

No abstract provided.

Constraints And Obligations Relating To The Sale Of Corporate Control: The Canadian Approach, Bruce Bailey, H. Purdy Crawford

Canada-United States Law Journal

No abstract provided.

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

Canada-United States Law Journal

No abstract provided.

The U.S. Position In The World Economic Context, Michael Smith

Canada-United States Law Journal

No abstract provided.

The Power Of Technology, The Challenge Of Innovation, Gedas A. Sakus

Canada-United States Law Journal

No abstract provided.

An Overview Of The Prospects For Sectoral Integration: The View From The United States, William S. Merkin

Canada-United States Law Journal

sectoral integration and United States

Discussion Following The Remarks Of Mr. Philip Trezise And Mr. Simon Reisman, Discussion

Canada-United States Law Journal

The Relevance of the AutoPact for Other Sectoral Arrangements

Trade Laws: A Canadian Perspective, Robert E. Latimer

Canada-United States Law Journal

No abstract provided.

Observations On The Implementation Of A U.S.-Canadian Free Trade Agreement: The Political And Legal Considerations, Alan Wm. Wolff

Canada-United States Law Journal

Canada-U.S. Free Trade Agreement, politics and law

Discussion After The Speeches Of Joseph P. Griffin, Warren Grover And David G. Gill, Discussion

Canada-United States Law Journal

No abstract provided.

Table Of Contents, Volume 13 (1988)

Canada-United States Law Journal

No abstract provided.

Majority-Minority Relations In Canadian Corporation Law: An Overview, Philip Anisman

Canada-United States Law Journal

No abstract provided.

Sale Of Controlling Interest: A Financial Economic Analysis Of The Governing Law In The United States And Canada, Joshua Ronen

Canada-United States Law Journal

No abstract provided.

Masthead, Volume 13 (1988)

Canada-United States Law Journal

No abstract provided.

External U.S. Commitments Affecting Possible Additional Products For Sectoral Integration, Donald E. Dekieffer

Canada-United States Law Journal

External U.S. Commitments Affecting Possible Additional Products for Sectoral Integration

The Framework And Process Of Canada-United States Trade Liberalization, Frank Stone

Canada-United States Law Journal

No abstract provided.

Table Of Contents, Volume 10 (1985)

Canada-United States Law Journal

No abstract provided.