Recently added articles from Law and Policy in International Business:
CAUSATION OF INJURY IN SAFEGUARDS CASES: WHY THE U.S. CAN'T WIN
Apr 01, 2003; ... ABSTRACT This paper provides a textual analysis of the U.S. and the WTO legislative materials governing the application of safeguards, and analyzes the major issues as addressed in the WTO cases brought against the U.S. that challenge U.S.-imposed safeguards. The problem presented ...
MERGER BREAKUP FEES: A CRITICAL CHALLENGE TO ANGLO-AMERICAN CORPORATE LAW
Apr 01, 2003; ... I. INTRODUCTION The field of mergers and acquisitions (M&A) has witnessed more innovative legal approaches in recent years than any other area of corporate law. The United States and the United Kingdom lead the development of North American and European M&A law, though their ...
FINANCIAL INSTITUTIONS AND THE SAFE HARBOR AGREEMENT: SECURING CROSS-BORDER FINANCIAL DATA FLOWS
Apr 01, 2003; ... I. INTRODUCTION Information is a marketable commodity in the modern economy.1 Financial institutions, in particular, have strong incentives to transfer consumer information to affiliates and others to engage in cross-marketing and cross-branding activities.2 Data transfers may often take ...
Strangers in a strange land: Domestic subsidiaries of foreign corporations and the ban on political contributions from foreign sources
Jan 01, 2003; ... And when the stranger dwells with you in your land, do not wrong him . . . for you were strangers in the land of Egypt.1 I. INTRODUCTION Americans are a suspicious people. They are suspicious of corporations and their large concentrations of wealth; they are suspicious of ...
Law's dominion and the market for legal elites in Japan
Jan 01, 2003; ... ABSTRACT In this Article, we present data on legal elites in Japan-legally trained university graduates poised to pursue successful careers either as fast-track bureaucrats or lawyers handling sophisticated business transactions. The data show a marked shift in employment patterns over ...
Downsizing Korea?: The difficult demise of lifetime employment and the prospects for further reform
Jan 01, 2003; ... I. INTRODUCTION The issue of worker dismissals remains a controversial and contentious topic within the Republic of Korea ("Korea"). For much of its modern history, Korea's workers benefited from implicit guarantees of lifetime employment, buttressed by legislative protections against ...
Compound interest in international disputes
Jan 01, 2003; ... One cannot imagine that a sophisticated businessman . . . would invest his companies' funds in instruments yielding simple rales of interest. Nor is it conceivable that . . . [his] lenders w[ould] provid[e] his companies with capital at simple rates of interest.1 I ....
Harmonization of U.S.-EU securities regulation: The case for a single European securities regulator
Jan 01, 2003; ... I. EUROPEAN SECURITIES MARKETS A. Introduction Europeanists have long dreamt of a single European securities market. As early as 1960, the European Economic Community called on member states to ease the movement of capital for, inter alia, the trading of securities quoted on ...
Giving partial credit where partial credit is due: Recent developments in the multilateral development bank partial credit guarantee
Oct 01, 2002; ... 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 by their respective member countries ....
The merging of the counter-terrorism and anti-money laundering regimes
Oct 01, 2002; ... I. INTRODUCTION The form of the emerging counter-terrorism financial enforcement regime is derived substantially from the process of establishing an anti-money laundering enforcement initiative. Due to space limitations, this Article omits a discussion of the development of anti-money ...
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
Oct 01, 2002; ... "Playing power is the game of negotiation [, and] such a game is particularly relevant in the case of asymmetrical negotiations."1 I. INTRODUCTION In 1978, the terms "power orientation" and "rule orientation" first entered the scholarly lexicon, thus transforming the modern ...
The hidden costs of international dispute settlement: WTO review of domestic anti-dumping decisions
Oct 01, 2002; ... I. INTRODUCTION The increasingly international scope of some economic activities is correlated with closer integration of national and international legal arrangements. The causal relationship between economic and legal change varies: Some actors seek legal change in order to facilitate ...
Disrupting terrorist networks: The new U.S. and international regime for halting terrorist funding
Oct 01, 2002; ... 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 only a part. The highlights of the ...
Forfeiture of terrorist assets under the USA Patriot Act of 2001
Oct 01, 2002; ... The USA PATRIOT Act1 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 to be used to commit terrorist acts in the future ....
Fair and equitable treatment: Methanex v. United States and the narrowing scope of NAFTA article 1105
Oct 01, 2002; ... 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 bilateral investment treaties (BITs) in ...
The legacy of controlling minority structure: A kaleidoscope of corporate governance reform in orean chaebol
Oct 01, 2002; ... 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 structure1 as among the least investor-protective corporate systems in the world. In one ...
The new EU money-laundering directive: Lawyers as gate-keepers and whistle-blowers
Oct 01, 2002; ... 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 to combat the filtering of money derived ...
Regulating terrorism
Oct 01, 2002; ... 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 may ultimately reach not only banks, brokerage ...
Some reflections on compliance with WTO dispute settlement decisions
Jul 01, 2002; ... When the World Trade Organization's (WTO) Dispute Settlement Understanding (DSU)1 came into force in 1994, it was widely regarded as an important advance over the dispute settlement regime that had prevailed under the General Agreement on Tariffs and Trade (GATT). Perhaps the most important ...
Anatomy of a controversy: The balance of political forces behind implementation of the WTO's gasoline decision
Jul 01, 2002; ... I. INTRODUCTION The overall effect of [the Uruguay Round] reforms [of the dispute settlement process] will be to make it more costly for a defendant country to escape the pressures of the GATT's enforcement process . . . [but] the political impact of higher resistance costs will depend ...