Houston Journal of International Law articles from January 2004

Houston Journal of International Law archives from January 2004

Transatlantic business transactions: some questions for the lawyers.(Transatlantic Business Transactions: Choice of Law, Jurisdiction, and Judgments)
January 1, 2004... I. INTRODUCTION In this introduction to the symposium, I want to try to relate the respective topics--choice of law, jurisdiction of courts or arbitral tribunals, and recognition of foreign judgments--to a common type of transaction in...

Observations about mandatory rules imposed on transatlantic commercial relationships.(Transatlantic Business Transactions: Choice of Law, Jurisdiction, and Judgments)
January 1, 2004... I. INTRODUCTION The United States and European Union (E.U.) cooperate in broad sections of the field of international law. However, approaches to the law and to market regulation sometimes differ on the two sides of the Atlantic. This...

Prescriptive authority: global markets as a challenge to national regulatory systems.(Transatlantic Business Transactions: Choice of Law, Jurisdiction, and Judgments)
January 1, 2004... I. INTRODUCTION As economic activity becomes increasingly global, its normative context remains largely state-based. The resulting tension between private economic conduct and the normative claims of foreign states challenges both economic...

Extraterritorial jurisdiction - European responses.(Transatlantic Business Transactions: Choice of Law, Jurisdiction, and Judgments)
January 1, 2004... I. INTRODUCTION In Europe, the United States is commonly seen as the key proponent of legislation having an extraterritorial effect, while Europeans regard themselves as eschewing this practice. This article will seek to examine whether...

The impact of jurisdictional rules and recognition practice on international business transactions: the U.S. regime.(Transatlantic Business Transactions: Choice of Law, Jurisdiction, and Judgments)
January 1, 2004... I. INTRODUCTION International business transactions are entered into in the shadow of both substantive and procedural rules. My paper focuses on the procedural framework for the litigation of disputes arising from international...

Resolving business disputes through litigation or other alternatives: the effects of jurisdictional rules and recognition practice.(Transatlantic Business Transactions: Choice of Law, Jurisdiction, and Judgments)
January 1, 2004... I. INTRODUCTION The rules on jurisdiction and recognition practice in the various U.S. jurisdictions on the one hand and in the European States on the other hand differ in several aspects. Therefore, their impact on transatlantic business...

Jurisdictional conflict and jurisdictional equilibration: paths to a via media?(Transatlantic Business Transactions: Choice of Law, Jurisdiction, and Judgments)
January 1, 2004... I. INTRODUCTION My goal in this article is to offer some reflections on jurisdictional conflict stimulated by Professor Posch (1) and on jurisdictional equilibration stimulated by Professor Silberman. (2) Thus, having brought to bear on...

"Equal treaty rights," resident status & forum non conveniens.(Transatlantic Business Transactions: Choice of Law, Jurisdiction, and Judgments)
January 1, 2004... In an essay appearing earlier in the Texas Bar Journal, (1) I addressed the meaning of the phrase "equal treaty rights" utilized in the Texas Open Forum Act. (2) Since then, the Supreme Court of Texas has rightly ruled with respect to the...

A successful, permanent International Criminal Court ... "isn't it pretty to think so?" (Transatlantic Business Transactions: Choice of Law, Jurisdiction, and Judgments)
January 1, 2004... I. INTRODUCTION On September 30, 2002, the European Union (E.U.) assured the United States that it would not prosecute American military personnel and government officials in the International Criminal Court (ICC). (2) The Bush...