UNITED STATES LIABILITY FOR EXPROPRIATIONS IN FOREIGN TERRITORY: SETTING THE STANDARD FOR RESPONSIBILITY

Part I of this Note will discuss the concepts of sovereignty, state responsibility for injuries to aliens, and compensation for expropriation under international law. Part II will examine United States policy on expropriations and explore how United States citizens may seek redress for foreign property loss in United States courts. Part III will argue that, Read More …

UNITED STATES LABOR PRACTICES IN SOUTH AFRICA: WILL A MANDATORY FAIR EMPLOYMENT CODE SUCCEED WHERE THE SULLIVAN PRINCIPLES HAVE FAILED?

This Note examines whether such a mandatory employment code is a necessary and effective means of accomplishing the bill’s goals. Following a brief discussion of the extent of United States business involvement in South Africa and the effect of the Sullivan Principles, an existing voluntary program, on these companies’ labor practices, the potential conflicts between Read More …

UNITED STATES IMPORT RELIEF LAWS: CURRENT DEVELOPMENTS IN LAW AND POLICY

Expansion of the availability of judicial review of agency actions has had a marked effect on the nature of trade proceedings, particularly in the antidumping and countervailing duty areas. Since the emergence of the Court of International Trade (CIT) and the Court of Appeals for the Federal Circuit (CAFC or Federal Circuit), a number of Read More …

UNITED STATES, COMMON MARKET AND INTERNATIONAL ANTITRUST: A COMPARATIVE GUIDE

Volumes I and II of the Hawk treatise differ significantly. The second volume treats the entire field of European Communities antitrust law, whereas the first volume deals only with the international application of U.S. antitrust law. Joel Davidow

UNITED STATES ANTITRUST LAW AND INDUSTRIAL POLICY: INTERNATIONAL JOINT VENTURES AND GLOBAL COMPETITION AFTER GM-TOYOTA

Part I of this of this Note will describe the evolution of United States antitrust laws and their application to international joint ventures. Part II of this Note will then demonstrate, through an analysis of the GM-Toyota decision, that the FTC’s settlement of its proceedings against GM and Toyota embodies an industrial policy. Part III Read More …

UNITED STATES ANTITRUST JURISDICTIONS OVER OVERSEAS DISPUTES AFTER TITLE IV OF THE 1982 EXPORT TRADING COMPANY ACT AND TIMBERLANE

Extraterritorial application of the United States antitrust laws often has been a sticking point between the United States and its foreign trading partners. Tensions have arisen between the United States and other nations in this area as a result of differing competition policies, regulatory regimes, legal systems and forms of business enterprise. The importance of Read More …

UNITED NATIONS FINANCING OF THE LAW OF THE SEA PREPARATORY COMMISSION: MAY THE UNITED STATES WITHHOLD PAYMENT?

In this Note, the legal basis of the United States position will be evaluated. After an overview of the events surrounding the controversy, the sources of the General Assembly’s budgetary and apportioning authority and the United Nations’ budget procedures will be considered. There will follow a discussion of an International Court of Justice advisory opinion Read More …

UNILATERAL ACTION BY OIL-PRODUCING COUNTRIES: POSSIBLE CONTRACTUAL REMEDIES OF FOREIGN PETROLEUM COMPANIES

At the end of 1982, Mobil Oil Corporation (Mobil) withdrew from its Libyan oil exploration and production concessions. Subsequently, Mobil filed an arbitration claim against the Libyan Government, alleging that government action had effectively destroyed the economic value of Mobil’s concession. This arbitration raises substantial questions of transnational contract law. Part I of this Note Read More …

UNDOCUMENTED ALIENS’ RIGHT TO MEDICAID AFTER PLYLER V. DOE

In this Note, the constitutionality of the federal Medicaid citizenship provision and state citizenship provisions enacted pursuant thereto is addressed. The constitutionality of the state Medicaid citizenship provisions is examined under the equal protection standards applicable to undocumented children. The constitutionality of the citizenship provisions of Title XIX, and the federal regulations adopted pursuant thereto, Read More …

UEFA’S FINANCIAL FAIR PLAY: PURPOSE, EFFECT, AND FUTURE

During the 2017 summer transfer window, the football world was turned on its head when French powerhouse, Paris Saint-Germain (“PSG”), undertook a record-breaking spending spree.1 PSG purchased Neymar da Silva Santos Junior from Barcelona FC for approximately EU€221 million, breaking the previous record set by Manchester United’s EU€96 million purchase of Paul Pogba from Juventus Read More …