Investing In Mineral Properties Abroad: Some New Pitfalls

This paper examines some lesser known risks in foreign investment by U.S. companies that derive from international judicial activism by U.S. courts and the potential for extending U.S. anti-trust regulations to companies' foreign operations. The discussion of international judicial activism reviews the implications of the U.S. Second Circuit Court's ruling in the Union Carbide/Bhopal case for U.S. companies investing abroad and the discussion of extending U.S. anti-trust regulations focuses on proposals coming out the Clinton administration's Justice Department.