Frank Emmert

Frank Emmert
Indiana University-Purdue University Indianapolis | IUPUI · Robert H. McKinney School of Law

Prof. Dr. LL.M., FCIArb
Check out projects at https://www.cilpnet.com/ See also https://www.frankemmert.com/

About

187
Publications
221,445
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196
Citations
Citations since 2016
58 Research Items
99 Citations
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Introduction
Working on: 1) An Open Source Textbook on International Investment Law (https://www.cilpnet.com/copy-of-open-source-textbook-1) 2) a special issue of the European Journal of Law Reform on Blockchain and Digital Currency Law 3) an international research project on Aid Effectiveness (https://www.cilpnet.com/about-3) 4) an article on state aid to private industry in the United States
Additional affiliations
August 2019 - April 2022
Indiana University Bloomington
Position
  • Professor (Adjunct)
Description
  • Teaching International Business Transactions to advanced JD and LLM students during the fall semester and Blockchain and Digital Currency Law in the spring semester.
April 2003 - April 2022
Indiana University-Purdue University Indianapolis
Position
  • Director of the Center for International and Comparative Law
Description
  • Coordinating activities in int'l & comparative law, w/focus on bus. & trade law, teaching 5-6 courses/year, supervising LL.M. and SJD theses, and directing Master of Laws (LL.M.) tracks in Int'l & Comparative Law, as well as World Trade Law.
July 2002 - April 2003
Yeshiva University
Position
  • Professor
Description
  • Teaching and research in international business transactions, European Union law, int'l & comparative IP protection...

Publications

Publications (187)
Article
Full-text available
The article discusses first the differences between market economic models, socialist or planned economies, and economies controlled by monopolies or cartels, to make the case for competition supervision. Subsequently it argues for a broad approach to competition supervision - beyond a narrow view of antitrust law. The second part of the paper disc...
Conference Paper
Full-text available
This is an updated and expanded version of the presentation given in 2015 and also available on ResearchGate. The key questions asked and answered are: Why do so few national systems provide fairness, predictability, impartiality, and effectiveness in the remedies before their courts? How can we make better use of available resources for our justic...
Book
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This is a preview of the forthcoming 4th edition of the well-established Casebook by Bermann/Goebel/Davey/Fox. The book will be published in time for courses this summer and fall. We are finishing page proofing etc during the month of April. You can contact me or any of the other authors or the publisher for any questions you may have regarding ass...
Chapter
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In just 17 pages, I am explaining for young lawyers - students and practitioners alike - how to go about 1) Gathering and Understanding the Facts of a Case; 2) Identifying Binary Claims: Who Wants What from Whom and Why? (“5Ws”); 3) Finding All Applicable Rules for the Case; 4) Identifying the Claim Bases in the Applicable Rule(s); 5) Isolating the...
Article
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Among the most fundamental principles governing international law and international relations are the sovereign equality of states, and the principle of non-intervention in the domestic affairs of other states. These principles have at times been somewhat more or less restrictively interpreted but they make it clear that the authorities of one stat...
Article
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Traditional fiat currencies, and the ways they are managed by governments and central banks, have been a defining feature of our capitalist economies. Unfortunately, fiat money and traditional monetary policy have been harmful to environmental, social, and governance (ESG) objectives. In mature democracies, central banks are independent and obligat...
Chapter
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Bitcoin, the first digital currency running on a Blockchain, was introduced in 2008. The coin remained largely a project for technology geeks and a couple of speculators until serious buying and selling began in 2012-13. As soon as this happened, and Bitcoin was valued in dollars rather than cents, various authorities took notice. In spite of the c...
Article
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Whenever a new technology emerges and provides new opportunities for business and potentially new and different solutions for real-world problems, developers of the technology, developers of its business applications, and investors supporting the developers, are looking for guidance from regulators. Ideally, the guidance will be more than a snapsho...
Preprint
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Professors Andrea Bonomi, Matthias Lehmann, and Shaheeza Lalani are preparing a book on Blockchain and Private International Law with contributions from authors around the world. The Blockchain economy is distinctly international with suppliers often located in crypto-friendly jurisdictions like Malta, Estonia, Singapore, Switzerland, Bermuda, or t...
Research
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What regulators can learn from real estate developers: Open drafting competitions would yield better legislation, in particular for complex topics like crypto regulation!
Presentation
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On 1 April 2022, the Center for Intellectual Property Law and Innovation at the Indiana University Robert H. McKinney School of Law hosted this virtual symposium and I am pleased to share my presentation with you. The Conference Speakers and Agenda: 9:00am - 9:05am Welcome Remarks: Professor Xuan-Thao Nguyen, Gerald L. Bepko Chair & Director IP Ce...
Preprint
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Distributed Ledger Technology (DLT), Blockchain businesses, and digital money or cryptocurrencies, have been hot topics for a while. Some see the solution to almost everything that is wrong with our traditional banks and financial institutions, others see Ponzi schemes, money laundering, and fraud. The technology is by now thirteen years old and ha...
Presentation
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A presentation at the Institute for European Global Studies of Basle University (Switzerland) on 27 September 2021 about Blockchain regulation - past, present, and future - in Switzerland and the EU.
Presentation
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A presentation delivered at Tec de Monterrey for a workshop on Blockchain technology and Blockchain applications for commerce and industry.
Book
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The brand new edition of my book on IBT offers an innovative combination of textbook and casebook focusing on the practice of IBT law. The book contains important cases, dozens of model contracts, checklists for the analysis of complex problems, and flow charts for decision-making procedures. There are updated chapters covering contracts for the in...
Chapter
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This is another excerpt from my older publication with 100 leading cases on European Union Law (plus references and passages to many more decisions). Most of the cases in this book continue to be landmark cases that anybody studying EU law has to be familiar with. The format of the book is particularly conducive for understanding of the material. I...
Chapter
Full-text available
This is an excerpt from an older publication with 100 leading cases on European Union Law (plus references and passages to many more decisions). Most of the cases in this book continue to be landmark cases that anybody studying EU law has to be familiar with. The format of the book is particularly conducive for understanding of the material. I have...
Article
Full-text available
International investment law was born in a day and age when investors located in powerful and wealthy developed countries were looking for protection against expropriation and other arbitrary interference with their investments by undemocratic and unaccountable governments in developing countries. Bilateral and multilateral investment protection tr...
Article
Full-text available
This is the published version and the one that should be cited. International investment law was born in a day and age when investors located in powerful and wealthy developed countries were looking for protection against expropriation and other arbitrary interference with their investments by undemocratic and unaccountable governments in developi...
Preprint
Full-text available
Trade financing-sometimes also called supply chain financing (SCF)-addresses three primary sets of questions. First, it is concerned with the transfer of the purchase price for a given set of goods or services. This secures the seller's right to get paid in time and in full and the buyer's right to receive the promised goods or services. Since buye...
Preprint
Full-text available
This is a draft chapter for the upcoming 25th anniversary anthology of the International Legislative Drafting Institute at Tulane University. I am examining why we are making so little progress in the promotion of rule of law around the world, and what should be done about it. Diagnosis: At the beginning of the 21st century, probably for the first...
Preprint
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Online purchases and other online transactions have become ubiquitous. The emerging opportunities provided by Smart Contracts on the Blockchain will accelerate this development and add potential uses and business models that we cannot even imagine yet. One of the challenges holding back the more widespread reliance on international transactions by...
Preprint
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This is the latest version of the Chapter on Sales Contracts. Remaining gaps will be filled in coming weeks. Feedback is welcome!
Chapter
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This is another update of Chapter One of the IBT Textbook. We are getting close to publication with this part...
Conference Paper
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This paper was presented at the University of the Thai Chamber of Commerce (UTCC) in Bangkok. The first part makes the argument that businesses in middle income countries like Thailand need to become more adept at using ADR since the courts in too many such countries are largely unable to deliver good dispute resolution mechanisms, producing fair d...
Book
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With the emerging wave of new-generation free trade agreements (both bilateral BITs and multilateral IIAs), investment arbitration has become one of the central issues of the contemporary discourse on international economic relations. Critics argue that investment disputes are settled in the frame of intransparent arbitral proceedings devoid of any...
Presentation
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Originally developed for students on law review, working on a student note or shorter article in the field of comparative law, the presentation gives advice to anyone who wants to or has to publish in this area of law. Topics covered include: - What is "comparative law"? - What is the comparative law "method"? - What is the point of the exercise? -...
Preprint
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This is a draft submitted for publication. In the first part, we discuss the growing crisis in investment arbitration caused by the traditional focus on protection of foreign investors and the neglect of public interest goals in the host country. We outline the lack of balance of interests and provide multiple examples where investors have prevaile...
Presentation
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You have to write a bachelor or master thesis in law? A student note or a research article for publication in a law review? Or maybe an entire doctoral dissertation? And nobody really taught you how to do that? Don't panic, help is on the way! I have taught students for over 30 years how to write research papers from 20 to 200 pages and more. Every...
Presentation
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A presentation made at Blockchain Expo Global, London, on 18 April 2018. Analyzes the binary relationships between the parties to a business transaction - for example a seller and a buyer - and the platform provider, where a Smart Contract on the Blockchain is being encoded - and discusses potential problems during - contract formation - performan...
Preprint
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The document introduces the International Smart Mediation and Arbitration Institute in Indianapolis, a newly created institution for alternative dispute resolution, i.e. the settlement of (commercial) disputes without resort to litigation (www.smartarb.org). The first section explains why SmartArb offers benefits for parties to an international bus...
Presentation
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Smart Contracts, problems during contract formation, performance problems, enforcement problems, and solutions offered via specialized Smart Mediation and Arbitration services.
Chapter
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This is an updated and expanded draft of Chapter 1 of my forthcoming book, now with 15 pages on how to analyze a case in an exam or in a legal brief. Section 1: Definition of IBT and Scope of the Book Section 2: The History and Motors of International Commerce Section 3: The Legal Framework for IBTs - a To-Do List Section 4: Different Levels of Leg...
Chapter
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In most cases, lawyers get involved in business transactions either at the beginning, when the transaction is being planned and the necessary contracts and other documents are being drafted, or at the end, after the transactions have gone wrong and the parties are going after each other for performance and/or damages. Obviously, it is much to be pr...
Book
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This is a draft of the Table of Contents of the forthcoming Documents collection. The Documents will accompany my Text, Cases, and Materials on International Business Transactions, forthcoming from Carolina Academic Press. There will also be a Teachers' Manual. The three volume set is intended for advanced graduate students and younger practitioner...
Chapter
Full-text available
This is another draft chapter from my forthcoming textbook on IBT. It specifically teaches the analysis of cases and how to make persuasive arguments for their resolution. Since students and younger practitioners often struggle with these issues, I am making the draft available already now, although it will still go through several more rounds of e...
Chapter
Full-text available
This is a preliminary draft of Chapter 1 of my upcoming Textbook with Carolina Academic. The Chapter deals with Section 1: Definition of IBT and Scope of the Book Section 2: The History and Motors of International Commerce Section 3: The Legal Framework for IBTs - a To-Do List Section 4: Different Levels of Rules Governing IBTs I. International La...
Article
Full-text available
While several regions in the world still don't have functioning supranational structures for the protection of human rights, Europe has two systems that are complementary in some ways and competing in others. The European Court of Human Rights in Strasbourg (France) is the guardian of the European Convention and the European Court of Justice in Lux...
Conference Paper
Full-text available
The presentation was originally made in 2014 but has been updated in June 2017. It provides a brief introduction to CSR and then analyzes why the current proliferation of codes is harmful to the cause and why the recently adopted EU Directive on CSR reporting is ineffective. The presentation closes with suggestions what effective codes, standards,...
Conference Paper
Full-text available
This is a presentation I have given many times. It has useful tips on how to be a good public speaker. While this version is already refined, the presentation is work in progress and will be updated for each occasion. Your feedback can also help me in improving the presentation!
Conference Paper
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The presentation analyzes the recent turn against free trade in the US (WTO, NAFTA, TPP) and Europe (EU, CETA, TTIP) and its causes. It argues that populist resistance against free trade is not founded on facts but scapegoating and that a turn toward protectionism will hurt primarily those that are already perceiving themselves as victims or losers...
Conference Paper
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The presentation is about the possible and the likely scenarios for the negotiations between the UK and the EU for the implementation of Brexit.
Conference Paper
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This is the published transcript of the symposium presentations and discussion dealing with Brexit. My contribution analyses what the proponents of Brexit in the UK were hoping to get and what they are likely going to get out of Brexit.
Conference Paper
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The presentation addresses questions such as 1) what are the origins of different European contract law regimes? 2) what is "European" contract law today? 3) what has English common law contributed to "European" contract law? 4) Why is English law a popular choice in international business transactions, more so than the CISG, for example? 5) what w...
Conference Paper
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While some regions of the world still do not have supranational structures for the protection of human rights and fundamental freedoms, Europe has two systems that are competing on some levels and complementary on others. The European Court of Human Rights in Strasbourg is the guardian of the European Convention on Human Rights and Fundamental Free...
Chapter
Full-text available
Trade financing addresses three primary sets of questions. First, it is concerned with the transfer of the purchase price for a given set of goods or services. This secures the seller's right to get paid in time and in full and the buyer's right to receive the promised goods or services. Since buyer and seller generally don't meet face to face to e...
Chapter
Full-text available
This is a preliminary and still quite incomplete draft of the chapter dealing with international commercial litigation and international commercial arbitration.
Conference Paper
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For the annual meeting of the CIArb North America Branch in Chicago on 1 December 2016, I was asked to prepare a small presentation on the Restatement of the U.S. Law of International Commercial Arbitration being prepared by the American Law Institute. This is an ongoing project and the various drafts are not publicly or at least not freely availab...
Chapter
Full-text available
This is another work in progress, a preliminary draft of Chapter 2 of my upcoming Textbook with Carolina Academic. The Chapter deals with the main component of a documentary sale, the sales contract and some of the typical contracts and documents that may be signed on the way to its formation.
Book
Full-text available
This is the Documents Collection to accompany the Casebook on EU Law by the same authors, available now from West Academic for law school classes beginning in the fall. It contains the founding treaties of the EU (as amended) and some 40 other important documents for the study of EU law. The editors have added article headlines to facilitate work w...
Conference Paper
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The presentation examines five crises in the EU at the end of 2015/beginning of 2016, namely the financial crisis (Greece etc), the situation with Russia and Ukraine, terrorism, the Syrian refugee crisis, and the British referendum on continued membership. The author suggests that each of the crises individually does not challenge the EU as such bu...
Article
This is a draft of an article that will be published - after some editorial revision - in the Journal of Governance and Regulation. It discusses first the differences between market economic models, socialist or planned economies, and economies controlled by monopolies or cartels, to make the case for competition supervision. Subsequently it argues...
Chapter
Full-text available
This is a chapter from a book I have been working on for a long time with many interruptions. The "Textbook" is intended to complement my Casebook and Documents Collection on EU Law. Due to my many other commitments and the constant changes in the EU, I have not made much progress on the Textbook in recent times. However, this chapter is reasonably...
Chapter
Full-text available
This is another chapter from a book I have been working on for a long time with many interruptions. The "Textbook" is intended to complement my Casebook and Documents Collection on EU Law. Due to my many other commitments and the constant changes in the EU, I have not made much progress on the Textbook in recent times. However, at least the first p...
Chapter
Full-text available
This is another draft chapter of my future textbook on EU Law. Same rules as for the previous chapters: please do not cite, in particular any parts that are unfinished or obviously outdated. Suggestions for improvements are most welcome!
Chapter
Full-text available
... another chapter in my future EU Textbook. Please see my requests to readers as explained for the previous chapters. When using ideas or graphs, please give credit to this draft. Other parts are incomplete and may be outdated. They should not be cited and critical feedback or suggestions for improvement should be directed to me...
Chapter
Full-text available
... another chapter in my future EU Textbook. Please see my requests to readers as explained for the previous chapters. When using ideas or graphs, please give credit to this draft. Other parts are incomplete and may be outdated. They should not be cited and critical feedback or suggestions for improvement should be directed to me...
Book
Full-text available
A compact and inexpensive collection of all binding GATT and WTO Agreements and Understandings.
Conference Paper
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I recommend this model as the base for international sales contracts. It is short, concise, and covers all important points. There is no good reason for paying an attorney, in particular an American attorney, thousands of $$ for 60-80 pages of gibberish that try to re-write contract law while we have good sales laws in the UCC, CISG, or CFR that ca...
Conference Paper
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Using a case-study, I am illustrating issues related to choice of law and choice of forum in international sales contracts, in particular between the CISG and the UCC, and between seller's courts and arbitration.
Research
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A Powerpoint for a 4 hour workshop on how to write like an academic. I have delivered this presentation - or earlier versions of it - to hundreds of participants, from the level of undergraduate students, graduate and doctoral students, to the level of professors, and have received many thanks and congratulations from every single group. I can guar...
Book
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This documents contains the first 150 pages from the new edition of my Documents Collection. Included are the TEU, TFEU, and the most important protocols annexed to the Treaties. As in the previous editions, the text includes my article headlines in [square brackets]. The Documents are up to date as of September 2015, including the changes required...
Article
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The paper supports the 2015 bailout for Greece in the amount of some 86 billion Euro but it also argues that all international lenders should take a haircut of some 33% to bring Greek debt to a more sustainable level and that the focus for the future should be more on rebuilding the Greek economy and less on austerity.
Conference Paper
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Why do so few national justice systems provide fairness, predictability & impartiality? What conditions are required to operate a successful system of justice? How can we make better use of available resources for the promotion of rule of law?
Conference Paper
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A short PowerPoint with some tips for advanced undergraduate and graduate students how to get on a career trajectory towards becoming a legal professional with a focus on international law, whether in a law firm, corporate environment, int'l organization, foreign service, NGO, or other setting.
Conference Paper
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A short PowerPoint summarizing the article I wrote with Sinisa Petrovic and published in the Fordham Int'l Law Journal in 2014.
Conference Paper
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Some reflections on how to and how not to do legislative drafting; and introduction to the measures adopted by the EU about quality of legislative drafting.
Conference Paper
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The presentation examines whether Swiss authorities can be indirectly bound by decisions of EU and EU Member State authorities in the context of Schengen and Dublin (migration, asylum). Although such binding effects would seem rare and limited, the field provides another example of the Swiss conundrum, being factually forced to apply EU law without...
Conference Paper
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Conference organized by the IU Center for International Business Education and Research (CIBER), housed in the Institute for International Business, Indiana University Kelley School of Business. CIBER operates to help U.S. businesses compete successfully in the global marketplace. CIBER is a national resource center — one of only 33 such centers fu...
Article
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The present preview is based on the final set of proofs of the EJLR Special Issue on Islamic Law. The page numbers will still change, starting with page 207, since issue 1 of 2014 had 206 pp. Otherwise, some minor spelling and formatting errors need to be corrected before we go to print. The preview contains the ToC, the editorials, the first pages...
Article
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The following books are reviewed: 1. Raj Bhala, Understanding Islamic Law (Shari’a), LexisNexis Publishing, New Providence/San Francisco, 2011, 1472 pp. 2. Wael B. Hallaq, An Introduction to Islamic Law, Cambridge University Press, Cambridge, 2009, 200 pp. 3. Mohammed Hashim Kamali, Shari’ah Law – An Introduction, Oneworld Publications, Oxford, 200...
Book
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Corporate Social Responsibility in Comparative Perspective brings together academics and practitioners from around the world in an analysis of CSR as currently understood in different legal systems and legal cultures. The authors also explore how CSR – as a global phenomenon – should be applied and advanced in future for the greatest common good. F...
Article
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In this article, I argue against the overstatement of the binding effects of precedent in common law and against the understatement of the relevance of precedent in civil law. I try to show that judges and courts in both kind of systems have to acknowledge relevant precedents and then provide persuasive reasons for following or not following them....
Conference Paper
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Article
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The paper introduces the DCFR, which is essentially the draft of a future EU Code of Obligations and works a bit like the UCC in the USA, as a model commercial code. After a brief historic justification of the draft, there is a presentation of what the DCFR can and cannot do at the present time. Finally, the potential effect of the DCFR if chosen b...
Article
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The paper is the final chapter of a textbook on WTO Law published by Law Press, Beijing, in 2012. The textbook contains multiple chapters on more basic aspects of WTO Law in Chinese. Some of the more advanced chapters are reproduced in English and Chinese. Finally, the present chapter appears only in English. The goal of the textbook is to familiar...
Chapter
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In the book, some 25 authors report on the implementation of the ECHR in their respective countries, including questions of ratification and implementation in law, awareness by legal professionals, inclusion in the curricula of law schools, practice of the courts, cases brought to Strasbourg, and execution of judgments of the EuCrtHR on the domesti...
Article
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The paper first summarizes the benefits of competition, i.e. why competitive markets are more efficient than oligopolistic or monopolistic markets, and the threats to competitive markets from cartels, concentration, and government interference. In the main part, the paper presents the key components of effective competition oversight, in particular...
Article
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An op-ed about the original revolution in Egypt against the Mubarak regime.
Conference Paper
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The presentation makes the argument that our traditional paradigm - if only the developing countries would introduce democracy, the rest would take care of itself - has failed and has to be turned on its head. Rather than being the first thing needed in developing countries, democracy would seem to be one of the last...

Questions

Questions (8)
Question
The 2001 UN Convention on the Assignment of Receivables in International Trade attempts to provide uniform rules for receivables financing in international business transactions. In the absence of a convention, the governing law would be national law. This gets messy in international transactions because seller and buyer are typically in different countries and the financing party may be in yet another country. Thus, it is not clear which rules apply to which part of the financing transaction and different national rules may be in conflict with each other. Some countries still restrict future receivables from serving as collateral for financing, other countries require specification and/or notification that is impractical in the reality of business.
The 2001 UN Convention provides both a measure of substantive law harmonization and conflict-of-law rules for other questions, i.e. it would regulate some aspects of receivables financing and tell us where to look for the answers to other issues. Unfortunately, it has so far been ratified only by Liberia and requires five ratifications to enter into force. Even if four more countries ratify and it does enter into force, it applies only if an assignment is made in a Contracting State (Article 1) and unless the EU MSs and the US ratify, this may rarely happen.
My question is whether the parties to a trade financing transaction, in particular the bank or other financing organization (assignee), can stipulate the applicability of the Convention by agreement and override any national law that would otherwise apply.
Thank you in advance!

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Project
Comparison of approaches taken in different jurisdictions and development of recommendations to support regulation that gives guidance to developers and investors but also encourages innovation and protects users.