Law and Policy in International Business

Articles from Vol. 26, No. 2, Winter

Fifty Years after the Chicago Conference: A Proposal for Dispute Settlement under the Auspices of the International Civil Aviation Organization
Introduction In the U.S legal system the term "alternative dispute resolution" most commonly refers to non-adjudicatory methods of dispute settlement. In the context of international civil aviation, however, non-adjudicatory methods of dispute resolution...
From Goldfinger to Butterfinger: The Legal and Policy Issues Surrounding Proposals to Use the CIA for Economic Espionage
"In the face of economic espionage by our competitors, and with a large and effective American intelligence apparatus available, some are pondering the previously unthinkable: spying on our friends and allies for the sake of U.S. industry."(1) Intelligence...
Markets, Financial Institutions, and Corporate Governance: Perspectives from Germany
INTRODUCTION In academic discussions of the efficiency and desirability of corporate monitoring through institutional investors within the United States, the German system receives much attention because its financial institutions, especially its banks,...
Negative Pledge Clauses in International Loan Agreements
Introduction Negative pledge clauses (NPCs) are standard provisions in loan instruments which regulate the grant of security interests in a debtor's assets. NPCs may either prohibit borrowers from encumbering their assets through the creation of liens,...
Protecting Free Trade in Audiovisual Entertainment: A Proposal for Counteracting the European Union's Trade Barriers to the U.S. Entertainment Industry's Exports
This Note examines the different laws and practices utilized by the European Union to limit the U.S. entertainment industry's dominance of the audiovisual marketplace. The focus is on one controversial directive in particular, which limits the broadcasting...
Revamping the Orphan Drug Act: Potential Impact on the World Pharmaceutical Market
Over the past several years, two of the most provocative policy issues under debate in the United States have been international trade and health care reform. While the government has increasingly acknowledged the need for change in both of these areas,...
Wildlife Utilization: A New International Mechanism for the Protection of Biological Diversity
Conserving biological diversity is not simply a matter of establishing protected areas and rescuing threatened species. Though clearly essential, protecting species often does not meet people's (and nations') short-term needs and consequently may not...