Law and Policy in International Business

Articles from Vol. 25, No. 2, Winter

ASEAN and the Multilateral Trading System
The Association of Southeast Asian Nations (ASEAN) - which incorporates the six countries of Thailand, the Philippines, Malaysia, Singapore, Brunei, and Indonesia - was created in 1967, making it one of the few regional arrangements originating in...
Compensation for Use of Biological Resources under the Convention on Biological Diversity: Compatibility of Conservation Measures and Competitiveness of the Biotechnology Industry
I. Introduction In a dramatic reversal, the United States on June 4, 1993, signed the Convention on Biological Diversity (Biodiversity Convention or the Convention), an agreement aimed at conserving the diversity of plant and animal life.(1)...
Going for Gold: Reflections on Reaching Halfway to Our Fiftieth Anniversary
Twenty-five years, our silver anniversary, halfway to our fiftieth or golden anniversary. That is a long time. But in 1969, the founders of Law and Policy in International Business certainly picked the right subject matter for our journal in 1994....
Is There Milk and Honey in the Promised Land?: A Profile of Investing in Israel
According to a recent Wall Street Journal headline, "Even Syrian Merchants Are Now Ready to Do Business With Israel."(1) This headline reflects a significant reversal of attitudes from previous decades of hate and fighting. In the past few years the...
Law Reform in Estonia: The Role of Georgetown University Law Center
On June 19, 1992, we and seven other members of the, Georgetown University Law Center community landed in Tallinn, the capital of Estonia, to help the Estonian government draft laws to support a market economy. Our group consisted of six students,...
Meeting the Founders: Russians and Kazakhs Work for Democracy
Seven months after the dissolution of the Soviet Union, I enjoyed extraordinary access to the evolving democracies of its two largest former republics, the Russian Federation and Kazakhstan. Now, almost two years later, the perspective of time permits...
Representing Multiple Parties in Customs and International Trade Practice: The Ethical Dimension
I. Introduction In fund of funds, Ltd. v. Arthur Andersen & Co.,(1) The Court of Appeals for the Second Circuit correctly noted that in evaluating ethical problems a court cannot paint with broad strokes. The lines are fine and must be...
Russia's Petroleum Industry: An Overview of Its Current Status, the Need for Foreign Investment, and Recent Legislation
I. Introduction In August of 1991, Communist hard-liners staged a coup against Mikhail Gorbachev, then President of the Union Of soviet Socialist Republics. The people of the Soviet Union resisted this coup, and Boris Yeltsin, president of the...
Specificity of Subsidy Benefits in U.S. Department of Commerce Countervailing Duty Determinations
A potentially countervailable subsidy exists under U.S. law(1) when the Department of Commerce (Commerce) finds that a government program provides selective treatment to an enterprise or industry, or group of enterprises or industries,(2) and "provides...
Tax Issues Arising from Privatization in the Formerly Socialist Countries
This Article provides a framework for examining tax issues related to privatization of non-market economies in the formerly socialist countries. These countries need to address tax issues related to privatization for at least three reasons. First,...
The Paving of Wall Street in Eastern Europe: Establishing the Legal Infrastructure for Stock Markets in the Formerly Centrally Planned Economies
I. INTRODUCTION The Cold War has ended, and by all accounts, Eastern Europe has spurned the yoke of communist domination.(1) Idealists celebrate the advent of democracy in Eastern European nations such as Hungary, Poland, and Czechoslovakia,...
Twenty-Five and Counting: Law and Policy in International Business after a Quarter-Century
I. Our Silver Anniversary Section The essays that follow are somewhat atypical material for Law and Policy in International business. To mark our silver anniversary, we encouraged alumni and faculty authors to eschew footnotes and citation form...
Vietnam: The Current Legal Environment for U.S. Investors
The economic development of the Pacific Rim, largely export driven, is pushing countries located there into the economic mainstream and creating new industrial "tigers." China, Thailand, Malaysia, and Indonesia come immediately to mind, but even underdeveloped...
Vietnam: Trading with the Enemy or Investing in the Future?
I. Introduction When the first issue of Law and Policy in International Business (LPIB) was published in the winter of 1969, U.S. foreign policy was based upon the premise that the world was ideologically divided between the communist, Soviet...