HOARDING, CHINA’S SECOND REVOLUTION: REFORM AFTER MAO

Having come from China, I often hear people complain about the lack of intellectual, unbiased, and profound accounts of present-day China. These complaints are not unwarranted, as the past ten years of changes in China have been so dramatic, so fundamental, and so unpredictable that only the word “revolution” can fully describe their nature. Deng Read More …

GUIDE TO DEBT EQUITY SWAPS (RUBIN ED.)

The Guide to Debt Equity Swaps (the “Guide”), provides an excellent introduction to anyone seeking to understand why swap programs have proliferated throughout the developing countries, the variety of forms they have taken, and what they portend for the future. The Guide is divided into two segments. The first segment consists of a series of Read More …

GOVERNMENT EQUITY PARTICIPATION UNDER THE EEC RULES ON STATE AIDS: RECENT DEVELOPMENTS

This Article examines the main legal questions raised by the particulat form of State aid known as equity participation. While the focus is on the internal, or EEC, aspect of such aids, the Article also suggests a comparison to some of the most relevant external, or GATT, aspects of these questions. Aurelio Pappalardo

GOLD, THE FUND AGREEMENT IN THE COURTS-VOLUME III

The Fund Agreement in the Courts-Volume III is an outstanding work that deals with the body of cases in which the provisions of the Articles of Agreement of the International Monetary Fund (“IMF”) have affected the issues brought before the courts of Austria, England, the Federal Republic of Germany, France, Italy, Japan, Luxembourg, Mexico, The Read More …

G. REYNOLDS & R. MERGES, OUTER SPACE: PROBLEMS OF LAW AND POLICY

This Book Review reviews the casebook: “Outer Space: Problems of Law and Policy” by G. Reynolds & R. Merges. The reviewer gives the book a favorable review but warns that the book is lacking in certain areas that it could spend more time on and is subject to change considering how the area is often Read More …

FREEDOM OF SERVICES IN THE EEC

In Part I, after discussing the international context, this Article outlines the EEC issues. Part II traces the early development of freedom of services and shows how there was reluctance to implement freedom of services. As will be shown in Part III, the European Court of Justice accorded direct effect to freedom of services so Read More …

FOREIGN INVESTMENT IN INDONESIA

The purpose of this Article is to describe the principal laws and regulations currently applicable to foreign investment in Indonesia, including the investment approval process, local incorporation rules, reporting requirements, investment incentives, foreign employee guidelines, investment guaranties, and protection of intellectual property rights. Robert N. Hornick Mark A. Nelson

EXTRATERRITORIAL JURISDICTION UNDER THE THIRD RESTATEMENT OF FOREIGN RELATIONS LAW OF THE UNITED STATES

This Note argues that the Restatement Third provisions fail to provide a precise outline of jurisdictional boundaries as generally accepted by the international community. Part I analyzes the jurisdictional provisions in the Restatement Second and contrasts them with corresponding sections in the Restatement Third. Part II examines issues that have arisen under the Restatement Second Read More …

EUROPEAN COMMUNITY COMPETITION POLICY AND INTERNATIONAL SHIPPING

This Article discusses the regulation of competition in maritime transport by the European Community. Part I examines the history of the relationship between transport and competition policy under the “Treaty Establishing the European Economic Community.” Part II discusses competition in maritime transport and, in particular, the new competition regulation in this area. Part III analyzes Read More …