Table of Cases | p. xxi |
Table of Statutes | p. xxv |
List of Frequently Used Acronyms | p. xxvii |
Table of Web site URLs | p. xxix |
Preface | p. xxxiii |
The Legal Environment of International Business | p. 2 |
Introduction to International Business | p. 4 |
Economic Interdependence | p. 4 |
Forms of International Business | p. 6 |
Conducting Business in Developing Countries | p. 18 |
The Business Environment in Eastern Europe, Russia, and the Newly Independent Republics of the Former Soviet Union | p. 26 |
Managing the Risks of International Business | p. 27 |
Chapter Summary | p. 43 |
International Law and Organizations | p. 46 |
Public International Law | p. 46 |
The Role of the United Nations in the Public International Law | p. 55 |
Private International Law | p. 58 |
International Organizations | p. 63 |
Human Rights, Ethics, and Business' Response | p. 71 |
Chapter Summary | p. 72 |
The Resolution of International Disputes | p. 74 |
Methods of Resolution | p. 74 |
Litigation | p. 75 |
Enforcement of Foreign Judgments | p. 87 |
Arbitration | p. 94 |
Mediation | p. 98 |
Commercial Disputes with Nations | p. 99 |
Chapter Summary | p. 99 |
International Sales, Credits, and the Commercial Transaction | p. 102 |
Sales Contracts and Excuses for Nonperformance | p. 104 |
The Development of International Law | p. 104 |
The Convention on Contracts for the International Sale of Goods | p. 111 |
Validity and Formation of International Sales Contracts | p. 113 |
Warranty Provisions | p. 126 |
Remedies for Breach of Contract | p. 130 |
Events Beyond the Control of the Parties: Excuses for Nonperformance | p. 136 |
Cultural Influences on Contract Negotiations | p. 141 |
Chapter Summary | p. 145 |
The Documentary Sale and Terms of Trade | p. 149 |
Payment and Delivery Risk | p. 149 |
The Documentary Sale | p. 150 |
Shipping Terms and the Risk of Loss | p. 164 |
Chapter Summary | p. 174 |
The Carriage of Goods and the Liability of Air and Sea Carriers | p. 177 |
Bailments and Common Carriers | p. 177 |
The Liability of International Air Carriers: The Warsaw Convention | p. 178 |
The Montreal Convention of 1999 | p. 182 |
Liability for the Carriage of Goods by Sea | p. 183 |
Prospects for Major Revisions to COGSA in the United States | p. 195 |
The Liability of Ocean Transportation Intermediaries | p. 196 |
Marine Cargo Insurance | p. 197 |
Carrier's Liability for Misdelivery | p. 203 |
Chapter Summary | p. 207 |
Bank Collections, Trade Finance, and Letters of Credit | p. 209 |
The Bill of Exchange | p. 209 |
Trade Finance | p. 211 |
The Documentary Letter of Credit | p. 215 |
Countertrade | p. 235 |
Chapter Summary | p. 236 |
International and U.S. Trade Law | p. 240 |
National Lawmaking Powers and the Regulation of U.S. Trade | p. 242 |
U.S. Trade Law and American Foreign Policy | p. 242 |
The Separation of Powers | p. 243 |
The Treaty Power | p. 246 |
The Equal-Dignity Rule | p. 249 |
Executive Agreements | p. 249 |
Trade Agreements | p. 251 |
The President's Emergency Powers | p. 255 |
Federal-State Relations | p. 263 |
Federal Agencies Affecting Trade | p. 269 |
Chapter Summary | p. 271 |
GATT Law and the World Trade Organization: Basic Principles | p. 274 |
Import Barriers to Trade | p. 274 |
The General Agreement on Tariffs and Trade | p. 281 |
The World Trade Organization | p. 284 |
GATT/WTO Dispute-Settlement Procedures | p. 285 |
GATT 1994: Major Principles of Trade Law | p. 289 |
Nondiscrimination, Most Favored Nation Trade, and National Treatment | p. 291 |
National Treatment | p. 298 |
GATT and the Elimination of Quotas | p. 298 |
Chapter Summary | p. 302 |
Regulating Import Competition and Unfair Trade | p. 305 |
The Double-Edged Sword of Import Regulation | p. 305 |
Safeguards Against Injury | p. 306 |
Unfair Import Laws: Dumping and Antidumping Duties | p. 313 |
Unfair Import Laws: Subsidies and Countervailing Duties | p. 322 |
Judicial Review in International Trade Cases | p. 329 |
Stopping Trade in Goods Made by Convict or Forced Labor | p. 329 |
Chapter Summary | p. 330 |
Laws Governing Access to Foreign Markets | p. 333 |
Technical Barriers to Trade | p. 333 |
Import Licensing Procedures | p. 341 |
Government Procurement | p. 341 |
Trade in Services | p. 343 |
Trade in Agriculture | p. 347 |
Trade in Textiles and Clothing | p. 349 |
Other WTO Trade Agreements | p. 352 |
Trade Sanctions and U.S. Section 301: The Threat of Retaliation | p. 353 |
Chapter Summary | p. 359 |
Imports, Customs, and Tariff Law | p. 363 |
The Administration of Customs and Tariff Laws | p. 363 |
Dutiable Status of Goods | p. 376 |
U.S. Trade Preferences for Developing Countries | p. 399 |
Other Customs Laws Affecting U.S. Imports | p. 403 |
Chapter Summary | p. 406 |
North American Free Trade Law | p. 409 |
The North American Free Trade Area | p. 410 |
Rules of Origin | p. 414 |
Trade in Goods: Sectoral Issues | p. 421 |
Trade in Services | p. 423 |
Cross-Border Investment | p. 426 |
Other NAFTA Provisions | p. 429 |
Administration and Dispute Settlement | p. 432 |
Assembly Plants and the Mexican Maquiladora | p. 435 |
Chapter Summary | p. 438 |
The European Union and Other Regional Trade Areas | p. 442 |
The Philosophy of Economic Integration | p. 442 |
European Union | p. 444 |
Other Regional Trade Areas | p. 457 |
Chapter Summary | p. 463 |
The Regulation of Exports | p. 466 |
History of Export Controls | p. 467 |
Mechanics of the Law | p. 476 |
Diversion | p. 480 |
Enforcement | p. 481 |
Chapter Summary | p. 486 |
Regulation of the International Marketplace | p. 488 |
International Marketing Law: Sales Representatives, Advertising, and Ethical Issues | p. 490 |
Regulation of Relationships with Representatives | p. 490 |
Regulation of Advertising Abroad | p. 494 |
The Foreign Corrupt Practices Act | p. 501 |
Chapter Summary | p. 509 |
Licensing Agreements and the Protection of Intellectual Property Rights | p. 511 |
Reasons for Intellectual Property Transfer Arrangements | p. 511 |
Intellectual Property Rights: Transfer Agreements | p. 512 |
International Protection for Patents, Trademarks, and Other Intellectual Property | p. 513 |
Government Policies in Emerging Nations | p. 523 |
Attitudes in Developed Nations | p. 525 |
Nonenforcement of IPR Laws | p. 528 |
The Mechanics of IPR Transfer Regulations | p. 531 |
The Gray Market | p. 533 |
Franchising: Licensing Outside the Technological Context | p. 535 |
Chapter Summary | p. 537 |
Host-Country Regulation: Corporate Law, Taxation, and Currency Risk | p. 541 |
Host-Country Corporate Law Affecting Foreign Investment | p. 541 |
Minority Ownership Investments | p. 542 |
Majority Ownership Interests | p. 546 |
Controlling Currency Risk | p. 554 |
Chapter Summary | p. 557 |
Nationalization, Expropriation, and Privatization | p. 559 |
Theories Relating to Takings of Foreign Property | p. 559 |
Guarding Against Political Risk | p. 564 |
Historical Development of Privatization | p. 575 |
Preparation for Privatization | p. 576 |
Models of Privatization | p. 579 |
Regulation of the Privatized Entity | p. 588 |
Chapter Summary | p. 591 |
Labor and Employment Discrimination Law | p. 594 |
General Directions of Labor Law Abroad | p. 594 |
Employment Discrimination Outside the United States | p. 597 |
Foreign Laws Permitting Difficult Work Conditions | p. 606 |
Chapter Summary | p. 613 |
Environmental Law | p. 615 |
Ethical and Practical Considerations of Varying Environmental Requirements | p. 615 |
Traditional International Remedies | p. 617 |
Emerging Problems and Solutions | p. 626 |
Chapter Summary | p. 635 |
Regulating the Competitive Environment | p. 637 |
Historical Development of International Competition Law | p. 637 |
Basic Regulatory Framework | p. 638 |
Distinctions of Non-U.S. Competition Law | p. 642 |
Extraterritorial Effect of Competition Laws | p. 645 |
Chapter Summary | p. 655 |
United Nations Convention on Contracts for the International Sale of Goods | p. 657 |
The General Agreement on Tariffs and Trade | p. 673 |
Multilateral Agreements on Trade in Goods (Selected Provisions) | p. 681 |
General Agreement on Trade in Services (Selected Provisions) | p. 687 |
Agreement on Trade-Related Aspects of Intellectual Property Rights | p. 689 |
North American Free Trade Agreement | p. 695 |
Index | p. 703 |
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