INVESTMENT FUNDS AND DEBT-EQUITY SWAPS: BROADENING THE BASE OF A NEW FINANCIAL TOOL

This article first examines the emergence of several new market-oriented mechanisms that could help relieve both the ominous “debt overhang” confronting many developing countries and equally ominous financial exposure of commercial banks. Prominent among these mechanisms are debt-equity swaps (or debt-for-equity conversions), which are examined in this article with a view of assessing their potential Read More …

HOLDING U.S. BANK HOME OFFICES LIABLE FOR DEPOSITS IN THEIR FOREIGN BRANCHES

Part I of this Note examines the case law that addresses the issue of U.S. bank home office liability. Part II analyzes U.S. monetary policy provisions that affect deposits held in foreign branches of U.S. banks and the conditions under which a U.S. bank may become a guarantor. Part III argues that the case law Read More …

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 …