Law and Policy in International Business

Articles from Vol. 32, No. 1, Fall

Crosby V. NFTC and the Future of State and Local Sanctions
I. INTRODUCTION The Supreme Court had occasion to address last term, for the first time since its 1968 decision in Zschernig v. Miller,(1) whether the Constitution's allocation of the foreign affairs power to the federal government leaves any role...
Flying over the Judicial Hump: A Human Rights Drama Featuring Burma, the Commonwealth of Massachusetts, the WTO, and the Federal Courts
PREFACE In the days preceding World War II, the American pilots of China National Airlines (and subsequently the Army Air Corps) were charged with a difficult task: supplying General Chang Kai-Shek and his volunteer forces, the Flying Tigers, with...
Keynote Address: Sanctions as an Instrument of American Foreign Policy
Good afternoon. As I look out at this crowd, I have mixed feelings. Normally, when I go out to speak, I get paid a tidy sum of money and have the luxury of speaking before people who are rarely experts. Neither of those is true today; I will not tell...
Preemption & Human Rights: Local Options after Crosby V. NFTC
I. INTRODUCTION: BURMA, SOUTH AFRICA & CONSUMER SOVEREIGNTY In June 2000, the Supreme Court held in Crosby v. National Foreign Trade Council (NFTC)(1) that federal sanctions against Burma preempted the Massachusetts Burma law. With its "Burma...
Sub-National "Sanctions" and the Federal Model
I. INTRODUCTION "Sanctions," a foreign policy tool of the federal government, have recently been adopted by state and local governments. These sub-national units are increasingly placing restrictions on government procurement and investment in order...
Targeted Sanctions: A Policy Alternative?
I. INTRODUCTION Secretary General Kofi Annan's 1997 report on the work of the United Nations stressed the importance of economic sanctions as the Security Council's tool to exert pressure without recourse to force.(1) At the same time, the report...
The Cost Effectiveness of Economic Sanctions
I. INTRODUCTION For over one hundred years, the attraction of economic sanctions as a middle path between talk and violence has prompted the use of sanctions for a wide variety of purposes ranging from weakening adversaries, toppling governments,...
U.S. Economic Sanctions - Non-Traditional Success against North Korea
I. INTRODUCTION The world has watched recently as the leaders of North Korea and the United States play a dangerous game. Since the end of the Korean War, the United States has applied economic sanctions to North Korea in an attempt to destabilize...