Copyright (c) 1991 The University of Pittsburgh Law Review
University of Pittsburgh Law Review
ARTICLE: THE CONVERGENCE OF LAW IN AN ERA OF POLITICAL INTEGRATION: THE WOOD PULP CASE AND THE ALCOA EFFECTS DOCTRINE
52 U. Pitt. L. Rev. 289
James J. Friedberg *
Law is significant in at least two ways with respect to the monumental changes that we are witnessing in today's world order. First, the rule of law is replacing arbitrary bureaucratic discretion and ideological determinism in the newly emerging pluralist democracies of Eastern Europe and elsewhere. Second, the integration of these states into the community of pluralist democracies will likely signify a convergence of the actual substantive and procedural rules followed by various nations. Such a harmonization of standards of behavior--whether regarding transportation, competition, environment, or other matters of transnational concern--should have obvious benefits for an interdependent world community. These benefits would include less political conflict and reduced economic inefficiency. The convergence of law that one expects to occur across the old Iron Curtain has already taken place to a great extent among western democracies. One of the best examples of this convergence is found in the area of antitrust law. 1 This Article examines the movement from conflict to resolution in a particular aspect of this area: extraterritorial antitrust enforcement. Interestingly, the European Community ("EC") is addressing the need for similar antitrust harmonization in regard to East German enterprises now within the EC's regulatory ambit. 2 The recent doctrinal convergence across western borders, discussed in this Article, could be instructive as to a similar convergence of law, in the near future, between East and West.
Traditionally, Europeans have been much more reluctant than American jurists to accept extraterritorial assertions of legislative and judicial jurisdiction. 3
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