Category: INTERNATIONAL LAW JOURNAL

This Note argues that, while the Pricing Regulation is a positive step in the development of a common market within the EEC, it is protectionist in its approach to developing nations. Part I analyzes the complaint against Hyundai in the context of the international shipping industry. Part II examines the EEC’s conflicting policy goals in Read More …

This Note argues that the EEC and Mexico should modify their current agreement. Part I examines the terms of the EEC-Mexican Agreement. Part II discusses the changing economic factors in the EEC and Mexico that dictate the need for a new agreement. Part III suggests modification of the EEC-Mexican Agreement to enhance the economic relationship Read More …

This Note argues that the United States currently lacks jurisdiction to prevent off-shore broadcasts by U.S citizens on foreign-registered ships. Part I reviews the problems created by these ‘radio pirates’ in the United States and the United Kingdom. Part II analyzes current federal law, international admiralty law, and the ITC, none of which authorize the Read More …

The Note argues that the Fed’s approach in applying the BHCA to foreign government instrumentalities incorrectly characterizes them as “companies” under the Act. It further argues that the Fed’s approach to regulating foreign government owned subsidiaries in the U.S. insufficiently accomodaets the financial interrelationship between these governments U.S. banking affiliates and their non-banking activities outside Read More …

On November 19, 1987, the Canadian Senate gave final approval to a number of far-reaching and controversial amendments to the Canadian Patent Act (”Amending Act”). On the same day, following Senate approval, the Bill C-22 became law upon royal assent. The Patent Act, enacted in 1935, had remained largely unchanged, notwithstanding amendments in 1952 and Read More …

This Note argues that constructive wrongful expulsion can result from state-inspired propaganda implemented by mobs that evolve into a sucesful revolutionary movement. Part I discusses the recent decisions of the Tribunal. Part II examines the generally-accepted principles of international law used in determining what constitutes unlawful conduct by a state and in attributing that conduct Read More …

The Note argues that the U.S. law of the availability of interim relief in international arbitration situations should be uniform. It states that the best resolution to the current conflict over the availability of interim relief at the federal and state levels is to amend both the Arbitration Act and state laws governing international arbitrations Read More …

This Article reviews the Special 301 provisions and their implementation to date. Special 301 is designed to use the credible threat of unilateral retaliation by the United States to persuade trading partners to reform currently deficient IP practices. The article praises the US’s use of Special 301 use thus far but warns against taking harsher Read More …

This Article discusses the GATT panel reports on Section 337, the U.S. reaction to the GATT findings and possible amendments to Section 337 that would put the United States in compliance with its international obligations. Taking into account the difficult balancing act necessary to change Section 337 the authors attempt to take these requirements into Read More …

The Note argues that the U.S. Customs Service should revise the affiliate exception to resolve the exception’s present inconsistency with section 42 of the Lanham Act. The Note argues that the affiliate exception is incongruous with the plain language and underlying intent of section 42 of the Lanham Act. The Note finally argues that the Read More …