Front Matter Source: The International Lawyer, Vol. 31, No. 1 (SPRING 1997) Published by: American Bar Association Stable URL: http://www.jstor.org/stable/40707289 . Accessed: 18/06/2014 18:01 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. . American Bar Association is collaborating with JSTOR to digitize, preserve and extend access to The International Lawyer. http://www.jstor.org This content downloaded from 185.44.77.28 on Wed, 18 Jun 2014 18:01:30 PM All use subject to JSTOR Terms and Conditions
Transcript
Front MatterSource: The International Lawyer, Vol. 31, No. 1 (SPRING 1997)Published by: American Bar AssociationStable URL: http://www.jstor.org/stable/40707289 .
Accessed: 18/06/2014 18:01
Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at .http://www.jstor.org/page/info/about/policies/terms.jsp
.JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact [email protected].
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American Bar Association is collaborating with JSTOR to digitize, preserve and extend access to TheInternational Lawyer.
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Chair Lucinda A. Low, Miller and Chevalier, Metropolitan Square, 655 15th Street, N.W., Suite 900, Washington, DC 20005-5701
Chair-Elect Timothy L. Dickinson, Gibson, Dunn & Crutcher, 1050 Connecticut Avenue, N.W., Suite 900, Washington, DC 20036
Division Vice-Chairs: General Christopher R. Wall, Winthrop, Stimson, Putnam & Roberts,
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Center, 701 Fifth Avenue, Seattle, WA 98104 Business Regulation William M. Hannay, Schiff Hardin & Waite, 7200 Sears
Tower, Chicago, IL 60606 Comparative Law Rona R. Mear s , Haynes and Boone, L.L.P., 3100
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Public International Law Daniel B. Magraw, Office of General Counsel, International Environmental Law Office, United States Environmental Protection Agency (2399), 401 M Street, S.W., Washington, DC 20460
Government Affairs Officer Alan Charles Raul, Beveridge & Diamond, P.C., 1350 I Street, N.W., Suite 700, Washington, DC 20005
Secretary Deborah Enix-Ross, Price Waterhouse LLP, 1177 Avenue of the Americas, 19th Floor, New York, NY 10036
Section Delegates to the ABA House of Delegates Charles N. Brower, White & Case, 601 13th Street, N.W.,
Washington, DC 20005 Gerold W. Libby, Whitman Breed Abbott & Morgan, 633
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COUNCIL The Officers and The International Lawyer Editor-in-Chief Peter Winship, Southern Methodist University School of Law,
3315 Daniel Avenue, P.O. Box 750116, Dallas, TX 75275-0116
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E. Randolph Drive, Suite 3500, Chicago, IL 60601 Publications Board Chair Patrick M. Norton, Alston & Bird, 601 Pennsylvania Avenue,
2nd Floor, Washington, DC 20005 Membership Committee Chair ... Aileen A. Pisciotta, Kelley Drye & Warren LLP, 1200 19th
Street, N.W., Suite 500, Washington, DC 20036
[continued on inside back cover]
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University of Konstanz, Germany Janet P. Balch Diane R. Welch Deldra Hall-Holmes Executive Editor ABA Publishing Managing Editor
SMU School of Law Chicago, Illinois
Dolores McKnight Administrative Assistant
Dallas, Texas
SOUTHERN METHODIST UNIVERSITY SCHOOL OF LAW 1996-97 STUDENT EDITORIAL BOARD
Editor-in-Chief Hendrik F. Jordaan
Managing Editor Senior Articles Editor Theresa Lewis Boyd Mouse
Symposium Editor Comments Editor Marianna M. McGowan William C. Murley
Citation Editors Lynley McAnalley Michelle Brown
Associate Symposium Editor Associate Comments Editors K. Todd Phillips Christopher Willis
Jodie L. Ousley Articles Editors
James Etri Daniel W. Koenig Stephanie Gracia Jana McBride
Jim Hail Adam Mukamal James Hamel Yolanda M. Torres
Staff Editors Nazeh R. Abusaad Robert Friedman Patricia K. Lindloff Daniel R. Benavides Ashley Frizzell Bradley C. Mall Guyanne Ε. Conley Kimberly Gershon Dena B. Mastrogiovanni Matthew Costello Ryan Higgins Burke A. McDavid Tracy A. Crum Erika Simone Jefferson Joel Messina Dina Madison DeGeorge Christopher C. Juban Taylor D. Thaggard Brandon W. Freeman Timothy A. Whisler, Jr.
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The International Lawyer (ISSN 0020-7810) is the quarterly publication of the American Bar Association's Section of International Law and Practice (the Section). It has a worldwide circulation.
Publication Policy: The objective of The International Lawyer is • to publish high quality articles on international subjects; • to inform its readers of significant current legal developments throughout the world; • to foster and record the activities of the Section and its committees.
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International Commercial Arbitration and the Construction of a
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The American Bar Association Section of International Law and Practice
Counseling Emerging Companies
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This book, organized into six different parts, focuses on most of the key legal considerations that must be taken into account in engaging in international business transactions.
Topics include: • International Sales · Federal, State, and Local • International Tax Issues Resources (including • Export Controls appendixes) • International Joint · Selection and Use of
THE INTERNATIONAL LAWYER Spring 1997 Volume 31 Number 1
CONTENTS In Memoriam
Richard B. Lillich (1933-1996) Daniel B. Magraw 1
Articles Tracing and Recovering Proceeds of Crime in
Fraud Cases: A Comparison of U.S. and U.K. Legislation Linda J. Candler 3
The International Sphere of Application of the 1988 Ottawa Convention on International Factoring Franco Ferrari 41
Legal Restrictions on Security Interests Limit Access to Credit in Bolivia Hey wood W. Fleisig
Juan Carlos Aguilar Nuria de la Pena 65
Incoterms and UCC Article 2- Conflicts and Confusions John A. Spanogle 1 1 1
Comments A Comparative Analysis of Corporate
Fiduciary Law: Why Delaware Should Look Beyond the United States in Formulating a Standard of Care Hendrik F . Jordaan 133
Direct Taxation and Member State Liability in the European Community Marianna M . McGowan
Daniel W. Koenig 163
Section Recommendations and Reports American Bar Association Section of International Law and Practice and the Standing Committee on World Order under Law Report to the House of Delegates Safety of U.N. and Associated Personnel 195 American Bar Association Section of International Law and Practice Report to the House of Delegates Multilateral Agreement on Investment 205
Books Received 217
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