Law and Policy in International Business

Articles from Vol. 26, No. 1, Fall

Extraterritoriality of Securities Laws: An Economic Analysis of Jurisdictional Conflicts
I. INTRODUCTION For many years jurisdictional conflicts in international economic law have been at the center of economic disputes between nations. Such conflicts have in turn attracted significant scholarly attention.(1) This is especially true...
If We Build It, Will They Come? - the Need for a Multilateral Convention on the Recognition and Enforcement of Civil Monetary Judgments
I. Introduction II. Foreign Judgment Recognition in the United States A. Hilton v. Guyot B. The Federal Courts C. State Practice 1. The Uniform Foreign Money-Judgments Recognition Act 2. Non-Uniform Foreign Judgment Recognition Act...
Should Genes Be Patented? the Gene Patenting Controversy: Legal, Ethical, and Policy Foundations of an International Agreement
Introduction In December 1993, scientists at the Centre d'Etude du Polymorphisme Humain ("CEPH") in Paris completed the world's first physical "map" of the human genome.(1) The map capped a banner year for genetics, likened to that of 1953 when...
The Foreign Sovereign Immunities Act: Using Separation of Powers Analysis to Guide Judicial Decision-Making
[T]he Foreign Sovereign Immunities Act of 1976 ... [is a] statutory labyrinth that, owing to the numerous interpretive questions engendered by its bizarre structure and its many deliberately vague provisions, has during its brief lifetime...
The North American Free Trade Agreement: Green Law or Green Spin?
Throughout the debate in the United States on the North American Free Trade Agreement (NAFTA)(1), the environmental implications of the NAFTA have loomed as an important factor.(2) Because the NAFTA was viewed as environmentally inadequate by the Clinton...
The Role of the Consulting Engineer in Developing Country Construction under the FIDIC Form Contract
I. INTRODUCTION Since 1913, the Federation Internationale des Ingenieurs-Conseils (FIDIC) has produced the contract form used in the majority of all transnationally financed civil engineering construction projects carried out in the developing...
The Troubled Rule of Nondiscrimination in Taxing Foreign Direct Investment
I. INTRODUCTION II. THE SCOPE OF THE NONDISCRIMINATION RULE III. THE UNEASY FIT OF THE NONDISCRIMINATION RULE WITH TRADITIONAL GOALS OF INTERNATIONAL TAX POLICY A. Capital Export Neutrality B. Capital Import Neutrality C. Other...