The Sixth Edition of Transnational Business Problems combines the best aspects of a conceptual, systemic approach and a problems approach. It provides a sophisticated intellectual framework for understanding the most significant contractual and regulatory issues in international business. At fewer than 600 pages, this compact book is ideal for a one-semester course. One Volume. Transnational Business Problems presents the important practical and policy aspects of international transactions in one reasonably-sized volume. Covers Systemic Issues First. Transnational Business Problems considers systemic issues first. Four introductory chapters discuss the role of the international lawyer, the resolution of international disputes, the relationship between international and domestic law, the extraterritorial reach of domestic law, and corporate social responsibility. Problems Approach. The introductory chapters are followed by eight problems, each focused on a different kind of transaction: transnational sales, agency and distributorship agreements, licensing, foreign direct investment, mergers and acquisitions, joint ventures, concession agreements, and international debt instruments. Each problem covers both contractual and regulatory issues. Nearly all begin with a sample contract. Sophistication. The book uses primary source materials-draft contracts, statutes, regulations, treaties, cases, and arbitral awards-that allow students, with help from the text, to work through issues in a realistic way. The book goes beyond the nuts and bolts of transactions to encourage consideration of broader policy issues: from the liability of corporations for human rights violations to restrictions on foreign investment; from the compulsory licensing of HIV drugs to the restructuring of sovereign debt. Geographical Diversity. Transnational Business Problems reflects the geographical diversity of business today. The problems focus on China, the European Union, the Andean Community, Mexico, and Brazil. Materials from other parts of the world are included in the introductory chapters. Intellectual Heritage. Transnational Business Problems grows out of a rich intellectual heritage that began with Milton Katz and Kingman Brewster's International Transactions and evolved into Henry Steiner and Detlev Vagts's Transnational Legal Problems. The book views transnational business problems as a particular species of transnational legal problem that both generates and is influenced by transnational legal process. Fully Updated. The Sixth Edition of Transnational Business Problems is fully updated to account for developments through the start of 2019. The introductory chapters and many of the problems have been substantially revised. Every year between editions the authors provide an update in memo form that teachers can distribute as a supplement to their classes.

This title identifies and explores recurring issues of jurisdiction, procedure, and choice of law entailed in the resolution of transnational disputes in U.S. courts. It covers the sources of transnational litigation law in the United States, personal and subject matter jurisdiction, parallel litigation, foreign sovereign immunity and the act of state doctrine, choice of law, extraterritorial discovery, extraterritorial provisional relief, recognition of foreign judgments, and the role of courts in connection with international arbitration.

From its earliest decisions in the 1790s, the U.S. Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from its inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, this book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century has been a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.

From its earliest decisions in the 1790s, the U.S. Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from the Court's inception to the present day. Addressing treaties, the direct application of customary international law, and the use of international law as an interpretive tool, the book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century was a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.