Law and Policy in International Business

Articles from Vol. 24, No. 4, Summer

Avoiding International Economic Interdependence: The EC and U.S. Try to Turn Protectionist in the Uruguay Round
David Palmeter and Gregory Spak's article raises important issues about both international dispute resolution and, more generally, the role of trade laws in managing international economic interdependence.(1) This comment attempts to balance Palmeter...
Barriers to Foreign Issuer Entry into U.S. Markets
I. INTRODUCTION This paper is a summary and updating of a report we prepared as independent consultants to the New York Stock Exchange, Inc. (NYSE) in February 1991, which explored the barriers to foreign issuer listings on U.S. exchanges created...
Coming of Age in Geneva: Guiding the GATT Dispute Settlement System on Review of Antidumping and Countervailing Duty Proceedings
I. INTRODUCTION In the now-discredited "Coming of Age in Samoa," anthropologist Margaret Mead chronicled the development of children and adolescents in a "primitive" society.(1) In their article,(2) David Palmeter and Gregory J. Spak rely on...
Comity, Cooperation. and Keiretsu: Comments on Papers by Davidow and Griffin
It is difficult to take fundamental exception with the excellent scholarly papers prepared by Joe Griffin and Joel Davidow. Mr. Davidow suggests in his paper that the U.S. antitrust laws are unlikely to be used as a weapon against keiretsu arrangements,...
Comment
Let me apologize to the other discussants, because I am going to use up the next fifty minutes. With apologies to Bette Davis, fasten your seat belts; it's going to be a bumpy ride. I am going to necessarily be a bit sketchy in my response because...
Comment
I certainly agree with Ms. Burand's view that the purpose of the Foreign Bank Supervision Enhancement Act of 1991 (FBSEA)(1) was to subject to some federal regulation every office of a foreign bank operating here in the United States. As Ms. Burand...
Comments on "Barriers to Foreign Issuer Entry into U.S. Markets." (Response to Article by Roberta S. Karmel and Mary S. Head in This Issue, P. 1207) (Symposium on Managing Economic Interdependence)
I. INTRODUCTION The competitiveness of the U.S. capital markets in attracting foreign issuers(1) to offer publicly and to list their securities for public trading in the United States is immensely important. The U.S. public market continues to...
EC/U.S. Antitrust Cooperation Agreement: Impact on Transnational Business
I. INTRODUCTION Other than among the member states of the European Communities (EC) there is no international law of antitrust. No internationally agreed-upon rules of subject matter jurisdiction have emerged in antitrust cases.(1) The Organization...
GATT Panels Need Restraining Principles
I. INTRODUCTION The Article by David Palmeter and Gregory J. Spak, "Defining GATT's Role in an Era of Increasing Conflict," proposes a paradigm for dispute settlement of antidumping and countervailing duty disputes that would free dispute panels...
Harmonization of Product Liability Laws in the European Community: A Comparative Analysis of the Approaches of the Federal Republic of Germany and the United Kingdom
I. INTRODUCTION The continuing progress of the European Community (EC) countries toward the formation of a "common market" has been an important element of the globalization of the world economy.(1) A major goal of any common market is the elimination...
High-Definition Television: New World Order or Fortress U.S.A.?
I. INTRODUCTION Television. It's all about television. Or is it? The new world order is increasingly shaping up as an arrangement of three regional economic power centers: Europe, Japan, and North America.(1) Under this new order, telecommunications,...
Keiretsu and U.S. Antitrust
Prior to 1989, keiretsu was not a familiar word or concept to most Americans. Yet in the last two years, hundreds of U.S. newspaper and magazine articles have dealt with keiretsu issues in the United States and Japan. Americans have come to understand...
Regulation S: An Oasis or a Mirage?
Regulation S(1), a series of rules promulgated by the Securities and Exchange Commission in 1990, has been hailed as a clear and positive indication of the SEC's recognition of the globalization of the world's securities markets.(2) The SEC has been...
Resolving Antidumping and Countervailing Duty Disputes: Defining GATT's Role in an Era of Increasing Conflict
[O]n the tree of legal evolution GATT's adjudication machinery is still down at the level studied by legal anthropologists, right alongside dispute resolution ceremonies practiced among primitive societies. Hudec(1) I. INTRODUCTION Use of...
The Bank of Credit and Commerce International Scandal: A Warning for Bank Regulators
I. INTRODUCTION In July 1991, assets of the Bank of Credit and Commerce International (BCCI) were seized by regulators in seven countries.(1) Regulators in Great Britain had uncovered evidence of widespread massive fraud affecting the bank's...
Towards Interdependence: A Decline in U.S. Dominance?
I hope it is not my job to pull together the themes of the prior commentators, because each 's going off in a somewhat different direction. Let me note at the outset that I have spent the last twenty years in private practice, mostly representing foreign...
U.S.-Japan Antitrust Cooperation
Thank you very much, Professor Pitofsky. It is a pleasure to be back at Georgetown University Law Center and to be a part of this distinguished panel. The papers by Joseph Griffin and Joel Davidow are excellent. Griffin's paper discusses a formal...
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