1

Private International LawIndustry Exhibition

Laura L. MillerAssignment 2-1; Industry

ExhibitionMBA850 – Capstone I

Professor StinnettFebruary 8, 2007

2

Private International Law• Defined

– Body of Conventions– Model Laws– Legal Guides– Instruments Regulating Relationships

• Focus Areas– Trade & Commerce– Finance & Banking– Trusts & Estates– Family & Children– International Judicial Assistance

3

Opportunity• Develop New Corporate System

– Resolve Cross Border Insolvency– Barriers for Economies of Scale– Overcome Disparate Economies– Interdependence

4

Purpose• Propose Legislation

– Execute Corporate Guidance– Global Network Alliance

• Functional Area– Trade & Business Transactions Law– Full Lens Understanding

• Legislative Bodies– Impact on Corporate Environment

• Creation of Corporate Systems– Effective– Compliant– Multi-faceted

5

Outcomes: Measurable Goals• Develop Corporate System

– Resolve Cross Border Insolvency• Cooperation• Trade & Investment Legal Certainty• Protection of Interests

– Identify Economies of Scale Barriers• Productivity Growth/ Labor Utilization• Structural Causes of Declining Growth• Lack of Competitive Pressure

– Identify Methods to Overcome Disparity– Promote Positive Interdependence

6

Form    

•Phase I: Methodology & Theory•Phase II: Analysis•Phase III: Theory of Change & Trending•Phase IV: Directives•Legislative Proposal to U.S. Senate

Phase I Phase II Phase III Phase IV

Legislative Proposal

GOAL 1:Cross Border

Insolvency

GOAL 2:

Economy of Scale

GOAL 3:Disparate Economies

GOAL 4:Interdependence

January February March April

7

Annotated BibliographyASIL (2007). Private International Law. Retrieved January 29, 2007 from http://www.asil.org/resource/pil1.htm

The American Society of International Law (ASIL) was formed in 1906 with the implicit goal to provide insight for policymakers to improve the international environment. In defining Private International Law, the ASIL offers full text and explanatory reports of its work. Several working groups are derived from ASIL’s relationship with UNCITRAL to include the principle features of PIL.

Ball, Jane (June 2006). The boundaries of property rights in English law. Electronic Journal of Comparative Law, Vol. 10.3, Dec. 2006). Retrieved January 31, 2007 from http://www.ejcl.org/103/art103-1.pdf

In Jane Ball’s exhortation in the Electronic Journal of Comparative Law, the World Congress is addressed to explain the dilemma posed by definition versus context and interpretation of law. Constitution and case law is used as a reference point to identify the function of terms in varying societies.

Jandl, Michael (January 2007). Report: Innovative concepts for alternative migration policies. Journal of Ethnic and Migration Studies. Vol. 33, No. 1, January 2007, pp. 181-184.

The author, Michael Jandl, offers a conference report following attendance at a workshop co-sponsored by the International Centre for Migration Policy Development (ICMPD and the EU Network of Excellence on Immigration, Integration and Social Cohesion in Europe (IMISCOE). The report identifies the theme for innovation from a public policy perspective and further activities planned as a result of the conference.

McCarthy, Andrew (January 2007). Is the nation state threatened? New Criterion, Jan2007, Vol. 25, Issue 5, p. 23-30Andrew McCarthy, in an article found in The New Criterion, January 2007), explores the historical basis for equitable treatment, past and present failures, and future implications for preserving a nation’s state. Transnationalism is identified as problematic as peace is challenged with the impending trend toward globalization.

U.S. Department of State (2007). Private International Law. Retrieved January 29, 2007 from http://www.state.gov/s/l/c3452.htmThe U.S. Department of State aims to protect the freedom of the American people and the international community. It is recognized that a global effort must be made to improve prosperity and equitable treatment.

UNCITRAL (2007). Modern law for global commerce. Public announcement of Congress [PDF].In a public announcement, the United Nations Commission on International Trade Law requests a broad international audience to attend its fortieth annual session to discuss emerging trends and methods of PIL.

Wu, Yonghong, Popp, David, et al (n.d.). Knowledge spillovers in interdependent economies. JEL classification 039; 040; 057 [PDF]

Yonghong Wu of the Center for Technology and Information Policy, Syracuse University; David Popp of The Maxwell School and; Stuart Bretschneider of the National Bureau of Economic Research, Cambridge, MA, perform research and attempt to improve upon existing models of international R&D spillovers. Empirical research is applied to identify the positive and negative impact of universalism and globalization for economies.

8

Conclusion•Balance•Uniformity•Bureaucratic Insularity•Collaboration•Sustainability