Law and Policy in International Business

Articles from Vol. 34, No. 1, Fall

Disrupting Terrorist Networks: The New U.S. and International Regime for Halting Terrorist Funding
I. INTRODUCTION These remarks describe the purposes and goals behind the executive order issued by President Bush on September 23, 2001. (1) It also ventures a bit further and describes the international regime of which the Executive Order forms...
Fair and Equitable Treatment: Methanex V. United States and the Narrowing Scope of NAFTA Article 1105
I. INTRODUCTION The North American Free Trade Agreement (NAFTA) between the United States, Canada, and Mexico, which became effective on January 1, 1994, (1) followed in the footsteps of the Treaties of Friendship, Commerce, and Navigation and...
Forfeiture of Terrorist Assets under the USA Patriot Act of 2001
The USA PATRIOT Act (1) contains a number of provisions that may be used by federal law enforcement authorities to seize and forfeit the assets of terrorist organizations, assets that are derived from terrorist acts, and assets that are intended...
Giving Partial Credit Where Partial Credit Is Due: Recent Developments in the Multilateral Development Bank Partial Credit Guarantee
I. INTRODUCTION Over the past decade, multilateral development banks (MDBs) (1) have introduced the partial credit guarantee and developed it into an innovative and flexible financial instrument that can be specifically tailored to support borrowings...
Redefining Power Orientation: A Reassessment of Jackson's Paradigm in Light of Asymmetries of Power, Negotiation, and Compliance in the GATT/WTO Dispute Settlement System
TABLE OF CONTENTS I. INTRODUCTION II. JACKSON'S PARADIGM: RULE ORIENTATION VS. POWER ORIENTATION A. Elements of Jackson's Paradigm B. Power Orientation Through the Realist Prism 1. Character of the International...
Regulating Terrorism
Over the past months, as part of the Bush administration's broader war on terrorism, the U.S. Treasury Department has set out a thicket of new anti-money laundering regulations affecting a wide range of financial institutions. (1) The regulations...
The Hidden Costs of International Dispute Settlement: WTO Review of Domestic Anti-Dumping Decisions
TABLE OF CONTENTS I. INTRODUCTION II. OUTCOMES IN WTO ANTI-DUMPING DISPUTE SETTLEMENT CASES A. Overview B. Application of the Article 17.6(ii) Standard 1. Overturn National Authorities, Disregard 17.6(ii). ...
The Legacy of Controlling Minority Structure: A Kaleidoscope of Corporate Governance Reform in Korean Chaebol
I. INTRODUCTION Recently, in one of the most comprehensive and influential surveys of corporate governance published in the 1990s, Andrei Shleifer and Robert W. Vishny criticized the Korean chaebol structure (1) as among the least investor-protective...
The Merging of the Counter-Terrorism and Anti-Money Laundering Regimes
TABLE OF CONTENTS I. INTRODUCTION II. U.S. INITIATIVES A. U.S. Initiates Sanctions Against bin Laden and Associates 1. Executive Order 2. Second U.S. Counter-terrorism List 3. Third U.S. Counter-terrorism List...
The New EU Money-Laundering Directive: Lawyers as Gate-Keepers and Whistle-Blowers
I. INTRODUCTION While the infamous Al Qaeda terrorists were furtively hatching their schemes of destruction that depended upon filtering money through the international financial system, policy-makers and legislators were publicly hatching schemes...