Legal Analysis of Indirect Expropriation Claim Under Korea-Us Fta

the particular level will be explained. The conclusion of the case will be described in detail as

631F .3d 762 (2011), United States Court of Appeals, Fifth Circuit (January 21, 2011) .

Part I: Overview of Case (who is involved and what they are arguing, as well as all possible theories, defenses, and torts involved)

Treaty that allowed the US to trade with Japan. This Treaty opened up five ports for the US to use for trade.

to work in new industries. A diplomatic agreement made in 1907 by the U.S. and

Rida Elias wrote this case under the supervision of Professor Roderick E. White solely to provide material for class discussion. The

In the Xia case, if the WTO were to rule in favor of Brazil, which of the WTO trade agreements would contain the justification and why?

Background: In the midst of the Cold War and the Arab-Israeli conflict, conflict arose over Gamal Abdel Nasser’s nationalization of the Suez Canal. This was of particular concern due to Nasser’s increased connection with the Soviet Union, through the Czech Arms agreement and the Aswan Dam. Following Nasser’s nationalization of the Suez Canal, Great Britain, France, and Israel invaded Egypt. In facing this crisis, the U.S. had to consider Cold War politics with the Soviet Union, relations with Arab and Israeli nations, and relations with the invading powers

With the development of nation states in seventeenth and eighteenth centuries, sovereign nations started negotiating the commercial and trading rights with each other. These negotiations crystallised into formal bilateral agreements which served as a way to control and regulate state’s economic activity. By the end of the eighteenth century, nations without colonial holdings started to enter into new agreement to safeguard their economic interest in foreign countries. First such agreement (on the basis of John Adams’ draft model of treaty of alliance and commerce) was signed between US and France in 1778 named as ‘The Treaty of Amity and Commerce’. Later on referred as the ‘Treaties of Friendship, Commerce and Navigation (FCNs)’ these treaties

participants in this conference created three organizations to help regulate the international economy. The first is the International Monetary Fund (IMF) which was established with the idea of regulating monetary policy. One of the benchmarks of the IMF is the stabilization of exchange rates and the loaning of money to help stabilize countries with balance of payments deficits. The second organization established was the General Agreement on Tariffs and Trade (GATT) whose main focus was on a liberal trading order.

Ken Mark wrote this case under the supervision of Professor Deborah R. Compeau solely to provide material for class discussion.

     There are various trade agreements the United States have with many other countries and I will do a brief overview of a few of them. The most noticeable one is the North American Free Trade Agreement, which include the United States, Mexico, and Canada. This agreement was constructed and approved in January of 1992 and formed the largest free trade area. NAFTA eliminated and reduce tariffs and non-tariff barriers in addition to comprehensive provisions in the way trade was conducted between these countries.

Multilateral arrangements in the global economy such as IMF, GATT, G –7, as well as multi nation corporations frustrate states through threat of transfer pricing and relocating their production facilities (Goksel 2005).

Allows automatic approval for foreign equity investment up to 100% in the automobile sector and does not lay down any minimum

Chapter 11 and the relevant case law. The final chapter analyzes detailed criteria to review