Law and Policy in International Business

Articles from Vol. 25, No. 3, Spring

Clinton Administration Policy Ties Economic Aid to Foreign Policy Goals
The Clinton administration has implemented significant changes in the policy goals of the Overseas Private Investment Corporation (OPIC). In a break from OPIC's traditional independence from foreign policy, the U.S. government will use the agency...
Competitiveness: An Emerging Strategy of Discrimination in U.S. Antitrust and R & D Policy
This Article discusses the discriminatory use of performance requirements and reciprocity provisions of certain recent U.S. antitrust and research and development (R&D) policy initiatives. These initiatives, rooted in trends already existing in...
Court of International Trade Flexes Its Muscle
I. Introduction The Court of International Trade (CIT) is not renowned for its jurisdiction over intellectual property law. However, in Ross Cosmetics Distribution Ctrs., Inc. v. U.S.(1), the issue for the court was whether the use of well-known...
Current Developments in the FCC: Telecommunications and the NAFTA
I. Introduction Telecommunications is a crucial aspect of international business, and a growing sector of international trade in its own right. As a result, it has played an important role in the recent negotiations of trade agreements, particularly...
East Asia - Regional Economic Integration and Implications for the United States
On May 4, 1992, the U.S. International Trade Commission (hereinafter the Commission or the ITC) received a request from the House Committee on Ways and Means to conduct an investigation under section 332(g) of the Tariff Act of 1930 on the causes of...
Economic Inefficiency and Jurisdiction over Foreign Affiliates in New York
C'mon, C'mon, C'mon, now touch me babe, Can't you see that I am not afraid(1) I. Introduction Facing the prospect of personal jurisdiction over their foreign affiliates in New.York, international record companies today do not share the fearlessness...
Effects of the NAFTA on Customs Service Regulations
Ratification and implementation of the North American Free Trade Agreement (NAFTA)(1) produced significant developments in the United States Customs Service (Customs) in 1993 and 1994. In order to make existing regulations consistent with NAFTA provisions,...
Environmental Exports to Latin America
The passage of the North America Free Trade Agreement has focused attention on methods for the United States to increase its exports to its southern neighbors without also losing U.S. jobs to new competitors. The market for environmental goods and...
Monopsony and the Archers: Rethinking Foreign Acquisitions after Thomson-LTV
In a way, the pending sale of LTV's missile and aerospace division represents everything that is wrong with the way in which this nation conducts its trade policy. Two American companies see an opportunity to enhance their position in a shrinking market...
Recent Developments in the U.S./Canada Softwood Lumber Dispute
The dispute over Canadian softwood lumber imports into the United States continued throughout 1993, spilling over into 1994. As in the 1992 Softwood Lumber disputes, the International Trade Commission (ITC) ruled that the U.S. softwood industry was...
Strategy and Planning in Global Product Distribution - beyond the Distribution Contract
I. Introduction 840 II. Globalization of Business 849 A. The World as a Global Village 849 B. The Multinational/Global...
The BT/MCI Merger and Foreign Investment Issues
The telecommunications industry, which experienced the forced breakup of AT&T in the 1980s in the name of encouraging competition, is ironically now in the midst of what can only be described as a merger craze. The highly publicized proposed merger...
The Clinton Administration's New National Export Strategy
The Clinton administration unveiled its new "National Export Strategy" in September 1993. The plan is designed to coordinate U.S. export promotion and export financing programs to advance the interests of U.S. companies in the global marketplace. This...
The European Product Liability Directive: A Comparison with U.S. Law, an Analysis of Its Impact on Trade, and a Recommendation for Reform So as to Accomplish Harmonization and Consumer Protection
I. Introduction On July 25, 1985, the Council of the European Communities adopted a product liability directive(1) (the Directive) that has engendered a wide and varied debate among industry and consumer groups,(2) as well as within the legal...
The Role of Congressional Silence in a Foreign Commerce Clause Analysis: The Example of Barclays Bank and the Unitary Taxation of Foreign-Parent Corporations
I. Introduction The Barclays Bank case is likely to be the final part of the U.S. Supreme Court's effort to piece together a constitutional analysis applicable to the unitary taxation of foreign-parent multinational corporations (MNCs).(1) At...
U.S.-Japanese Trade Dispute
The Office of the U.S. Trade Representative scored two notable successes for the Clinton administration in 1993: the passage of the NAFTA and the completion of the Uruguary Round of the GATT. However, a stubborn trade dispute with Japan erupted again...