Month: January 2025

Significant shifts have occurred during the past three years in the control thresholds that determine whether an acquisition of a minority shareholding will be subject to one or more EEC competition laws. The scope and effects of these shifts are neither clear nor necessarily consistent. The Commission appears on the one hand to have expanded Read More …

This Essay points out the major legal issues related to the development of the Computerized Reservation Systems (“CRS”) and evaluates whether the EC approach has achieved satisfactory results, mainly from the standpoint of consumer protection. My critique is essentially that the EC has ruled the CRS by means of legislation that tends to be hyper-technical, Read More …

This Article describes the concerns of the European Commission’s Competition Department about joint ventures for research and development and the problems caused for businessmen by the Commission’s practice of exempting rather than clearing agreements that make the market more competitive. National courts may follow the Commission’s practice in relation to Article 85(1), and they have Read More …

This Note argues that federal common law should determine all attribution of liability issues in actions brought under the FSIA. Part I discusses the FSIA, its history and policies, and the sole U.S. Supreme Court decision to discuss the proper choice of law approach for attribution of liability under the FSIA. Part II examines subsequent Read More …

The above considerations demonstrate, however, the importance of the questions regarding the nature and the scope of admissible cartel evidence, especially in regard to the issues of due process in general and of the obligation to safeguard the rights of the defense against the prosecution in particular. Obviously, the fundamental principle governing these issues is Read More …

This Article discusses inter-jurisdictional mobility of lawyers in Canada, comparing Canadian practice to European Community (”Community” or “EC”) reforms and U.S. practice. Ironically, the Community eschews using the label ”federal” because the process of European unification is ongoing, yet the new regime for the transfer of lawyers between EC Member States is freer and less Read More …

This Note argues that U.S. courts should allow foreign states to raise substantive defenses when using Rule 60(b)(4) to challenge the courts’ jurisdiction to enter a default judg- ment. Part I of this Note analyzes the FSIA and relief from judgment under Rule 60(b). Part II analyzes the conflicting views on whether to consider substantive Read More …

This Note examines the legal conflicts in the nuclear nonproliferation regime that developed due to the Agency’s attempt to verify North Korea’s compliance with the NPT. Part I reviews the history of the nonproliferation regime, as well as the pertinent textual provisions of the IAEA Statute, the NPT, and the North Korean-Agency Safeguards Agreement. Part Read More …

One way to begin approaching the question of whether U.S. regulatory requirements for foreign firms are appropriate is to review some trends in the data. As shown in Figure 1 below, the London Stock Exchange has already made significant strides in becoming a transnational equity market for Europe. What remains back in the home country Read More …

This Note provides a comparison of the doctrines of separability and comp´etence de la comp´etence and the status of these doctrines under French, English and U.S. law. Part I defines the operation of these two doctrines, discusses their interrelationship, and reviews their status under the arbitration rules of international arbitral organizations. Part II reviews the Read More …