A Proposed Legal Framework for a Comprehensive Free Trade and Investment Agreement Between Canada and the United States

This Article examines some of the more recent problems involving Canadian-Unites States trade, and proposes a legal framework within which to formulate a comprehensive trade and investment agreement

Amending the Treatment of Defense Production Enterprises Under the U.S. Exon-Florio Provision: A Move Toward Protectionism or Globalism

Discusses the Exon-Florio Provision of the Omnibus Trade & Competitiveness Act. It gives the President of the United States the power to prohibit or to prevent on a temporary basis a non-U.S. corporation from merging with or acquiring a U.S. corporation when the transaction could potentially impair U.S. national security. The Note examines U.S. legislation that regulates direct investment and argues that the U.S. Congress should amend Exon-Florio in order to focus and strengthen the Provision\u27s application to transactions involving U.S. defense production companies. Part I of this Note sets forth the existing procedural and administrative requirements of Exon-Florio and explains several modifications to the Provision that Congress has recently enacted. Part II outlines additional proposed modifications to Exon-Florio that have been presented before Congress and considers such proposals with respect to a recent case involving the Provision. Part III argues that Congress should amend Exon-Florio in order to focus and confine the Provision\u27s application to national defense. This Note concludes that such modifications would be justifiable because they would define national defense as a narrow exception to the traditional U.S. globalist trade policy and, consequently, benefit all those involved in international mergers, acquisitions and takeovers in the United States

The Key Authority - Secure Key Management in Hierarchical Public Key Infrastructures

We model a private key`s life cycle as a finite state machine. The states are the key`s phases of life and the transition functions describe tasks to be done with the key. Based on this we define and describe the key authority, a trust center module, which potentiates the easy enforcement of secure management of private keys in hierarchical public key infrastructures. This is done by assembling all trust center tasks concerning the crucial handling of private keys within one centralized module. As this module resides under full control of the trust center`s carrier it can easily be protected by well-known organizational and technical measures.Comment: 5 pages, 2 figure

Plain Reading, Subtle Meaning: Rethinking the IOIA and the Immunity of International Organizations

Immunity is freedom from liability, and as such, it can quite literally provide a “get out of jail free” card. In the United States, international organizations face uncertainty about the scope of their immunity, which is provided by the International Organizations Immunities Act (IOIA). The D.C. Circuit has found that international organizations enjoy absolute immunity under the IOIA. Conversely, the Third Circuit recently held that international organizations are only entitled to restrictive immunity, which limits immunity to claims involving an organization’s public acts and does not exempt them from suits based on their commercial or private conduct. This Note contends that a plain reading of the IOIA, combined with a full understanding of the history and legislative purpose behind the immunity of international organizations, presents a third interpretation. It concludes that the IOIA requires judicial deference to immunity determinations by the executive branch, which provides the flexibility necessary to allow international organizations to operate without undue interference

A New Approach to United States Enforcement of International Arbitration Awards

Pursuant to ratification of the World Bank Convention on the Settlement of Foreign Investment Disputes, the United States Congress passed the Convention on Settlement of Disputes Act of 1966, utilizing a full faith and credit approach to enforce arbitral awards rendered under the Convention. Given the likelihood of frequent requests by foreign governments for enforcement of awards against American private investors in the United States, the operation of the full faith and credit clause with respect to the enforcement of arbitration awards becomes crucial. This comment examines the issues which are presented by the congressional decision to enforce international arbitral awards through the full faith and credit clause

REDEFINING AUSTRALIAN LANGUAGE CLASSROOM EFFECTIVITY: TOWARDS INTERCULTURAL COMPETENCE IN FOREIGN LANGUAGE LEARNING

 ABSTRACT   Global competence has inevitably expanded the way of education conducted in recent year. One key aspect of global competence is the emergence of cultural intelligence in the classroom – as one medium of global competence transfer is through language learning. Interest to learning a foreign language raises in which many people see foreign language learning as the window and door to the world. This paper aims at exploring global competence is delivered and conducted in a Spanish classroom in Brisbane, Australia. Data were gathered through (1) classroom observation (2) questionnaire distributed to the learner and (3) interview with the learners. Finding shows that in the program is perceived as effective and teacher holds the most important factor in the classroom. In addition to being knowledgeable and skillful, a teacher who possesses cultural intelligence is likely to be preferred. Classroom is portrayed as a hub for transfer of knowledge, allowing learners to bring their identity inside the class while learning being exposed to other foreign language.   Keywords: global competence, cultural intelligence, foreign language learning. &nbsp