This thesis is designed to verify the potential for an efficient multilateral agreement on trade in financial services. / After reference to the prevalent types of regulatory barriers and protectionist behaviour, the study analyzes those trade concepts and principles that are of particular importance and relevance to the financial services sector. / A detailed comparison of national submissions for a draft agreement and schedules of market opening commitments from various developing and developed countries subsequently attempts to demonstrate the remaining discrepancy between controversial and often abstract attitudes. / Despite the undeniable influence of the individual level of development and competitiveness, the thesis concludes that the successful fate of the Uruguay Round negotiations on financial services depends primarily on the sincere willingness of all parties to reach a beneficial compromise.

This thesis will examine the utilization of the Low Earth Orbit (LEO) regime by Global Mobile Personal Communications by Satellite Systems (GMPCS) operators and the requirements that governments must fulfill in order to acquire orbit/spectrum resources from the International Telecommunication Union (ITU) for the purpose of deploying GMPCS. In addition, it will study the administrative obligations to consult and notify the International Satellite Organizations (ISOs) of the proposed LEO-based satellite systems so as to prevent technical incompatibility and economic harm to existing ISO systems. The regulations of three ISOs, namely the International Satellite Organization (INTELSAT), the International Maritime Satellite Organization (INMARSAT) and the European Telecommunications Satellite Organization (EUTELSAT) will be examined in this context. Also included is an examination of United States regulations (as exemplar of regulations in a developed country) and regulatory recommendations for GMPCS consumer countries, in particular, less developed countries (LDCs), such as Thailand.

For a developing country, such as Mexico, switching from a centralized economy to a market economy implied a political and cultural transformation that may only be compared to the encounter of two cultures occurred more than five centuries ago, when the Spanish colonizers arrived to "New Spain". / From a legal point of view, Mexico's signature of the North American Free Trade Agreement represents the deepest encounter of that country with representatives of the Common Law. Within this context, the differences between the two legal backgrounds can be specially perceived in the procedural features of the NAFTA. At a first glance, some of these differences in legal culture may be exacerbated to the point where an authentic middle ground might be impossible to find. However, a more detailed analysis of Mexico's institutions reveals that even those most complex features of Mexican law are compatible with the free trade movement if the interpreter decides to be compatible with the reality he lives in. / This thesis contains a detailed explanation of the path Mexico followed when modifying its industrial and commercial policy, as well as a description of the procedure contained in the NAFTA for solving disputes on antidumping and countervailing duties. The thesis ends with an assessment of Mexico's compliance with that part of the Agreement, both from a theoretical and a practical perspectives.

The thesis includes, in Section I, an analysis of the European Union's internal and external competence in air transport and in matters including air transport within their scope, the nature of such competence and the procedures for conducting external relations. The thesis includes also a description of the progress in European Community competence in air transport, a new classification of the Community's secondary legislative measures in air transport in view of their external effect and the main obstacles to the acquisition by the European Union of external competence in air transport. Section II of the thesis includes an analysis of the use the European Union has made of its external competence in air transport in the areas of external relations with non-Member States and international organizations and of the various problems bearing upon such relations as well as the prospects for the future

Following the extensive use of ballistic missiles in the 1991 Persian Gulf War, there has been a renewed emphasis within the United States to develop and deploy anti-ballistic missile defenses. / This thesis examines whether the current ballistic missile defense programs of the United States comply with the limitations imposed by the 1972 Anti-Ballistic Missile Treaty between the Soviet Union and the United States. / The thesis begins with a review of the development of ballistic missiles and the systems designed to defend against them. Next an analysis of the ABM Treaty is offered, including its differing interpretations. The Treaty's legal restrictions are then applied to current ABM defensive systems in various stages of research and development. The thesis concludes with an examination of the various lawful possibilities to modify the restrictive provision of the Treaty.

The extraterritorial application of antitrust law has been extensively developped since 1957. / In the same way as the United States have tried to apply antitrust laws to Europe, the EC now wishes to apply this kind of legislation to companies outside the EC, using the criteria of jurisdictional competence in conformity with public international law. / Three successive theories have been put forward: The "Effect theory" which has been much debated on its concordance with international law. The theory of "Enterprise Unity" has the desadvantaye that it cannot be applied to all foreign undertakings. Finally, the Commission and the Court of Justice have recently relied on the theory of the "Location of Anticompetitive Conduct". This last theory stands as a compromise between the first two and has broader potential application. / As the competence of jurisdiction, the "enforcement jurisdiction over foreign undertakings is governed by international principles and is also constrained by blocking statutes. Nevertheless, the EC Commission knows how to make the most of its enforcement powers and most of the time, foreign companies submit to its decisions because the jurisdictional competence is well established. / International cooperation is developing progressively through formal and informal agreements but the diplomatic way to resolve international litigation remains predominant.

Hydro-Quebec's electricity exports greatly affect our economy and our environment. They may be concluded either under "interconnection agreements" to sell excess capacity and production during off-peak periods, or completed under "firm sales" contracts. Hydro-Quebec exports could thereby replace production plants that are needed and difficult to build south of the border. / Economics and regulation of the American industry have led to the writing of too much rigidity into the clauses. There are long term, responsibility, major force and other clauses that prevent the contracts from adapting to the changing competitive market conditions. Utilities involved in such international sales would be well advised to adopt standard formats, preferably of medium term duration. In this way, Hydro-Quebec will ensure itself of becoming a specialized supplier of electricity to the United States and thereby take advantage of its low production costs.

The various forms and manifestations of international and transnational criminality require a comprehensive approach by the international community from which effective strategies of prevention, control, and suppression can follow. This thesis argues that the establishment of an ICC in the 1990s, especially due to the end of the Cold War and recent wars in the Persian Gulf and in Bosnia and Herzegovina, would provide an effective means of dealing with international and transnational criminality, and, without deflecting domestic concentration on law enforcement, would be a complementary and incremental effort, which would enhance overall criminal justice enforcement. This study analyzes past efforts to establish an ICC, discusses arguments for and against the creation of an ICC, and addresses several questions concerning the implementation of the court, including questions related to state sovereignty and jurisdictional bases for an ICC, crimes within the court's jurisdiction, applicable substantive and procedural law, and practical concerns relating to the court's structure, composition, and facilities. Although an ICC admittedly would not be a perfect solution to problems of international criminality, the thesis advances the view that it must not be approached with a negative attitude, but rather with a view towards making more effective the benefits such a court would provide.

The enforcement of the arbitral award is the phase upon which the success of the arbitral process depends. An adoption of the New York Convention, as well as the pro-enforcement attitude that it fosters, helps in creating a system for the facilitation of the enforcement of arbitral awards throughout the world. / In Jordan, the benefits sought from adopting the Convention will not be realised unless the Convention's bias towards the enforcement of foreign awards is clearly understood and implemented in the courts' decisions. / The autonomous nature of arbitration should make it possible for the Jordanian courts to apply a narrow interpretation of the Convention's grounds for non-enforcement; an approach which has already become a trend in cases decided under the Convention. Such a relaxed treatment of foreign awards has not, and should not, risk the procedural integrity of the arbitral process. This is so since the Convention provides for a safeguard of the enforcing state's most basic notions of public policy and due process.

This thesis deals with the problems of conflicts of laws with respect to contractual private air law, focusing on those contracts which are of a practical importance. As compared to traditional studies of this legal area, this study applies a very innovative approach to the topic. Due to the vast amount of legal instruments, jurisprudence and legal writings to be handled, it does not appear appropriate to deal with the problems without pointing out common approaches, methods and solutions. In accordance with the economic legal working methods which have been developed by Middle European legal systems, and increasingly can also be observed in a number of common law systems, the aspects, which are common to all kinds of international contracts in private air law, are dealt with in a common General Part. Aspects such as the method of interpretation of international conventions, their "interrelations" with the conflicts of laws, and the general approach to "conflicts justice" (Kegel) as opposed to the modern American "Choice of Law Revolution" approaches are discussed. The Specific Part deals with the particulars of each kind of contract; significant aspects such as the effects of the new IATA Inter-Carrier Agreement (signed at Kuala Lumpur, 1995) are examined, as well as the problems which are encountered in international contracts of aviation insurance, cross-border finance of aircraft, and the creation of security rights, which, because of the sheer monetary sums involved, are of enormous practical significance. The conclusion at the end of the thesis provides two rules to resolve the conflicts of laws with respect to all contractual aspects of private international law: one single common rule as to contractual obligations, and another rule as to real rights in aircraft (iura in rem) which require a slightly different approach.