Month: May 2024

This Note analyzes the Chinese approach to commercial dispute settlement in the context of international contracts. Part I examines article VIII, the dispute settlement portion of the Trade Agreement, and the Chinese procedures for private dispute settlement. Part II discusses the problems of legal uncertainty that exist in the Chinese approach and the prospect of Read More …

Class actions are designed to provide claimants a mechanism by which to enforce their rights with objectives including achieving access to justice, being compensated, and deterring misconduct. The significant impact of class disputes on society brings both common law and civil law countries’ attention to the promotion of more efficient enforcement. Through identifying the features Read More …

This Article canvasses the experience of importers under revised section 592 over the past eight years as reflected in judicial proceedings in the federal courts, particularly the United States Court of International Trade (CIT) and the Court of Appeals for the Federal Circuit (CAFC or Federal Circuit). Part I of this Article presents an overview Read More …

This article will review the traditional approach to nationalization and assess the new theories in light of the FSIA [the Foreign Sovereign Immunities Act of 1976], Alfred Dunhill, Inc. v. Republic of Cuba, 425 U.S. 682 (1976) [Dunhill], and recent case law. George Kahale

It is this integration—the reduction in trade barriers between countries—that is explored in Beverly May Carl’s Economic Integration Among Developing Nations: Law and Policy. Professor Carl focuses on regional common market associations of developing nations, their benefits as well as their difficulties, and their utility as a means of reducing trade barriers and dependence on Read More …

The regulatory scheme mentioned is the Foreign Investment Review Act (FIRA)passed by the Parliament of Canada in December 1973. The FIRA was a response to a growing nationalist feeling in the early 1970’s, from which developed a resentment of the seeming omnipresence of foreign business in the Canadian economy and a fear of the long-term Read More …

The International Telecommunications Satellite Organization (INTELSAT), the 109-nation cooperative responsible for the vast majority of international satellite service, was recently presented with what may be its greatest challenge since its inception over twenty years ago. The consortium, hailed by many as a model among international organizations, faces possible competition from five American companies (Applicants) that Read More …

The changes in United States antitrust laws effected by the Export Trading Company Act of 1982 have received the greatest public attention, probably because of the highly unusual procedure for antitrust immunity certification and the changes in United States antitrust jurisdiction. Given the history of banking law in the U.S, however, the bank investment provisions Read More …

Weighing principles and considering rules in the context of judicial adjudication to create a general theory of State and Law is a challenge of hermeneutics that the Author makes. To meet this challenge the Author uses a decision of an administrative court in Portugal – the Tribunal Administrativo Central Norte. The factpattern of that decision Read More …

This Article explores the relationship between justice needs and private property in the constitutional takings provisions of the Indian, Australian, and American constitutions. Building upon established scholarship, it develops a theoretical framework within which to consider the way in which a state balances the requirement to provide minimal levels of justice for its citizens through Read More …