Legal implications of an Asia-Pacific economic grouping
Article Abstract:
Asian-Pacific countries see a need to form a trading bloc similar to either the GATT or the European Union, but have not been willing to make the political decisions necessary to make such an economic grouping effective. The EU has been effective at eliminating trade barriers because it has a legal structure to which all members have acquiesced. The GATT has largely failed to reduce tariffs because there is no institutional structure to enforce it. Currently-existing Asian groups, the Asia-Pacific Economic Cooperation forum and the ASEAN Free Trade Area, would need restructuring to be effective trading groups.
Publication Name: University of Pennsylvania Journal of International Business Law
Subject: Law
ISSN: 0891-9895
Year: 1995
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Insights from U.S. antitrust law on exclusive and restricted territorial distribution: the creation of a new legal standard for European Union competition law
Article Abstract:
The European Union, by denying all vertical territorial restraints in the belief that such arrangements obstruct European market integration, promote inefficient pricing. The Commission and Court of Justice consistently rule that restrictive territorial agreements hinder parallel imports, which foster integration in their view, and deny consumers in the Union their 'fair share' with unequal pricing. This policy ignores tax rates and distribution costs that affect prices. Adopting a US market structure would require competition law changes, but would promote more efficient pricing.
Publication Name: University of Pennsylvania Journal of International Business Law
Subject: Law
ISSN: 0891-9895
Year: 1995
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Solange III: the German Federal Constitutional Court's decision on accession to the Maastricht Treaty on European Union
Article Abstract:
The German Federal Constitutional Court ruled in Brunner v. European Union Treaty that the German government could ratify the Treaty on European Union by depositing a signed copy in Rome. The German Parliament amended article 23 of their constitution to implement the treaty, but opposition was raised that accession to the treaty violated articles 1 and 20 of the constitution by surrendering sovereign powers to the EU. The court's ruling in favor of the treaty will help Germany economically, but Germany will need to resolve the uncertainty of its status within the EU.
Publication Name: University of Pennsylvania Journal of International Business Law
Subject: Law
ISSN: 0891-9895
Year: 1995
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