International Trade law Part 20

TRADE TREATY THREATS AND SUB-NATIONAL SOVEREIGNTY: MULTILATERAL TRADE Treaties AND THEIR NEGLIGIBLE IMPACT ON STATE LAWS
David I. Spector
Hastings International and Comparative Law Review
Volume 27, Number 2, Winter 2004 p.367

Advocates of free trade extol the virtues of trade without borders, while opponents decry its abysmal consequences. While debates about the benefits and detriments of free trade seem never-ending, there has been comparatively little discussion of the actual impact of international trade obligations on sub-national components of federal governments. Although the relationship between America’s trade Treaties and the policies of state governments has become a more visible issue in international trade, relatively little is known about how these international trade obligations really shape State law -making among the fifty U.S. states. This Note examines how international trade treaties have actually impacted the fifty states of the Union and proposes that although the potential threat to state sovereignty remains real, the actual impact of multilateral trade obligations on states has been negligible.

Conflict Diamonds, International Trade Regulation, and The Nature of Law
Daniel L. Feldman
University of Pennsylvania Journal of International Law
Volume 24, Number 4, Winter 2003 p.835

International Trade, Law, and Public Health Advocacy
Jason W. Sapsin, Theresa M. Thompson, Lesley Stone, Katherine E. DeLand
Journal of Law, Medicine & Ethics
Volume 31, Number 4, Winter 2003 p.546-556

International trade law -Problems of Language and Concepts?
Bruno Zeller
Journal of Law and Commerce
Volume 23, Number 1, 2003-2004 p.39

International Trade and Economic Law and the European Union
O’KEEFFE, SIàšN
King’s Law Journal
Volume 14, issue 2, 2003 p.309-316

The Greening of Trade law : International Organizations and Environmental Issues edited by Richard H. Steinberg A Berkeley Roundtable on the International Economy (BRIE) Project, Rowman & Littlefield, Publishers, Lanham/Boulder/New York/Oxford, 2002, 324 pp.
DAVID A. GANTZ
World Trade Review
Volume 2, Issue 3, November 2003 p.434-436

International Regime of Commercial Companies in Argentina and Mercosur
Beatriz Pallares
Stetson Law Review
Volume 32, Number 4, Summer 2003 p.785

The need for at least a basic understanding of the Commercial law framework of Latin American countries increases as economic globalization intensifies. Accordingly, Professor Beatriz Pallares summarizes and explains the regulation of foreign commercial companies in the countries of Mercosur. Professor Pallares begins this summary and explanation by discussing international corporate law in general and applicable treaties. Professor Pallares then specifically discusses the commercial regimes in Brazil, Paraguay, Uruguay, and to a large extent, Argentina. Topics of concentration include choice of law; establishing branches, agencies, or representations; habitual trade; performance of isolated acts; capacity to be on trial; transferring the place of business; liability of representatives; and commercial companies of unknown type.

Attributing the Activities of Corporate Agents Under U.S. Tax Law: A Fresh Look from an Old Perspective
Steven R. Lainoff, Stephen Bates, and Chris Bowers
Georgia Law Review
Volume 38, Number 1, Fall 2003 p.143

The growth of the service economy has challenged traditional notions of tax jurisdiction, especially with respect to international transactions. In particular, the use of agents to perform services and the attribution of those activities to principals has confounded courts, tax authorities and practitioners alike. Both Common law agency principles and their application by U.S. courts to domestic tax disputes provide a useful contextual background for attribution issues in the international context. Agency attribution arises in three critical areas of the U.S. international tax regime: the inbound U.S. trade or business and U.S. office rules, sourcing provisions and the subpart F rules targeting services. While some common principles infuse each of these areas, their application has been muddled and their contours imprecise. The Supreme Court’s standard in Commissioner v. Bollinger offers a helpful framework for resolving these inconsistencies.

Author: international

Mentioned in these Entries

Advocacy, Commercial law, Common law, International Organizations, International trade law, State law, The Nature of Law, Trade law Part 20, Trade law, Treaties.