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Law And Economic Development: A New Beginning?, Lan Cao
Law And Economic Development: A New Beginning?, Lan Cao
Faculty Publications
No abstract provided.
Introduction: The Earl A. Snyder Lecture In International Law, Alfred C. Aman
Introduction: The Earl A. Snyder Lecture In International Law, Alfred C. Aman
Indiana Journal of Global Legal Studies
No abstract provided.
International Law And Private Foreign Investment, Elihu Lauterpacht, C.B.E., Q.C.
International Law And Private Foreign Investment, Elihu Lauterpacht, C.B.E., Q.C.
Indiana Journal of Global Legal Studies
No abstract provided.
Feminism, Globalization And Culture: After Beijing, L. Amede Obiora
Feminism, Globalization And Culture: After Beijing, L. Amede Obiora
Indiana Journal of Global Legal Studies
In this article, Professor Obiora begins with the premise that the
credibility of traditional legal frameworks has eroded, because the law
remains unable to relieve the oppressions and polarization between cultures,
even in the wake of global institutional transformations that seem to help the
oppressed, particularly women. Professor Obiora offers the Beijing Platform
for Action as a radical new solution for human rights protection, radical in
that it is one of the first declaratives to transcend the previous dichotomy of
issues among women by expressing a commitment to a global framework in
which to address these issues, particularly the feminization …
The Harmonization Of Law And Mexican Antitrust: Cooperation Or Resistance?, James E. Crawford
The Harmonization Of Law And Mexican Antitrust: Cooperation Or Resistance?, James E. Crawford
Indiana Journal of Global Legal Studies
No abstract provided.
Midwifery: An International Legal Perspective - The Need For Universal Legal Recognition, Danielle Rifkin
Midwifery: An International Legal Perspective - The Need For Universal Legal Recognition, Danielle Rifkin
Indiana Journal of Global Legal Studies
No abstract provided.
National Legal Restructuring In Accordance With International Norms: Gatt/Wto And China's Trade Reform, Thomas Man
National Legal Restructuring In Accordance With International Norms: Gatt/Wto And China's Trade Reform, Thomas Man
Indiana Journal of Global Legal Studies
No abstract provided.
Non-Governmental Organizations And Global Activism: Legal And Informal Approaches, Wendy Schoener
Non-Governmental Organizations And Global Activism: Legal And Informal Approaches, Wendy Schoener
Indiana Journal of Global Legal Studies
No abstract provided.
The United States' Response To Tax Havens: The Foreign Base Company Services Income Of Controlled Foreign Corporations, Eric T. Laity
The United States' Response To Tax Havens: The Foreign Base Company Services Income Of Controlled Foreign Corporations, Eric T. Laity
Northwestern Journal of International Law & Business
This article is a detailed study of the taxation by the United States of foreign base company services income. Foreign base company services in- come is defined generally as the income derived by a controlled foreign corporation from the performance of services for a related person.2 Con- trolled foreign corporations, in turn, generally are the foreign subsidiaries of U.S. parent corporations.3 A controlled foreign corporation's foreign base company services income is taxed to its U.S. parent corporation, subject to various exclusions and qualifications. This article defines the class of sus- pect relationships between the controlled foreign corporation and its related …
Institutionalist Theory And International Legal Scholarship, William J. Aceves
Institutionalist Theory And International Legal Scholarship, William J. Aceves
American University International Law Review
No abstract provided.
Constitutional "Refolution" In The Ex-Communist World: The Rule Of Law
Constitutional "Refolution" In The Ex-Communist World: The Rule Of Law
American University International Law Review
No abstract provided.
Helms-Burton And Canadian-American Relations At The Crossroads: The Need For An Effective, Bilateral Cuban Policy, Christine L. Quickenden
Helms-Burton And Canadian-American Relations At The Crossroads: The Need For An Effective, Bilateral Cuban Policy, Christine L. Quickenden
American University International Law Review
No abstract provided.
Saving Failed States: Sometimes A Neocolonialist Notion, Ruth Gordon
Saving Failed States: Sometimes A Neocolonialist Notion, Ruth Gordon
American University International Law Review
No abstract provided.
Affirmative Action, A Look At South Africa And The United States: A Question Of Pigmentation Or Leveling The Playing Field?, Lundy R. Langston
Affirmative Action, A Look At South Africa And The United States: A Question Of Pigmentation Or Leveling The Playing Field?, Lundy R. Langston
American University International Law Review
No abstract provided.
Freedom Of Information: Will Blair Be Able To Break The Walls Of Secrecy In Britain?, Debra L. Silverman
Freedom Of Information: Will Blair Be Able To Break The Walls Of Secrecy In Britain?, Debra L. Silverman
American University International Law Review
No abstract provided.
Science And International Regulatory Convergence, Jeffery Atik
Science And International Regulatory Convergence, Jeffery Atik
Northwestern Journal of International Law & Business
National regulation is frequently premised on scientific assump- tions; much of regulatory design is based on scientific findings. Con- sumer product, food and drug and workplace safety standards all depend on a scientific assessment of the risks faced by the public and of the efficacy of an adopted measure in addressing these risks. Build- ing codes, waste disposal protocols and mandated immunization of school children all proceed from the technical recommendations of the scientific community. In current Western society, a regulatory measure lacking a scien- tific basis will be subject to criticism and perhaps ridicule; it may be struck down …
Accountability And International Lawmaking: Rules, Rents And Legitimacy, Paul B. Stephan
Accountability And International Lawmaking: Rules, Rents And Legitimacy, Paul B. Stephan
Northwestern Journal of International Law & Business
The domain of legal rules laid down by international bodies has grown enormously. Laws that have an international source influence a far larger portion of the world's commerce today than they did sixty or even twenty years ago. The enhanced significance and conse- quences of these laws raises an important question: What safeguards do we employ to increase the chances that they will do some good? More specifically, what processes hold international lawmakers ac- countable for their decisions?
Foundation-Building For Western Hemispheric Integration, Frederick M. Abbott
Foundation-Building For Western Hemispheric Integration, Frederick M. Abbott
Northwestern Journal of International Law & Business
The United States is embarked upon an ambitious program of western hemispheric economic integration about which its domestic body politic is decidedly ambivalent. The process in which the North American Free Trade Agreement (NAFTA) was approved in 1993 re- vealed deep divisions between the major political parties and their various interest group constituencies concerning the appropriate scope of an economic integration agenda. The Mexican peso crisis that began in December 1994 provoked a deep crisis of confidence regarding Mexico's readiness to participate in a mature economic partnership with the United States and Canada. Subsequent revela- tions relating to corruption infecting …
Dispute Resolution As A Catalyst For Economic Integration And An Agent For Deepening Integration: Nafta And Mercosur?, Cherie O'Neal Taylor
Dispute Resolution As A Catalyst For Economic Integration And An Agent For Deepening Integration: Nafta And Mercosur?, Cherie O'Neal Taylor
Northwestern Journal of International Law & Business
An economic integration arrangement between nations cannot exist without the creation of the necessary institutions. Any free trade, customs union or common market agreement1 must have, at a minimum, political institutions and a dispute settlement mechanism. The political institutions are necessary to allow the countries to reach decisions about how to implement the treaty obligations and objec- tives and to oversee that implementation. The dispute settlement mechanism is needed to resolve disputes that may arise over the meaning and application of the agreement's legal obligations and objectives. A dispute settlement mechanism is crucial to the viability of an economic integration …
Book Review: Has Globalization Gone Too Far? By Dani Rodrik. Washington, D.C, Paul B. Stephan
Book Review: Has Globalization Gone Too Far? By Dani Rodrik. Washington, D.C, Paul B. Stephan
Northwestern Journal of International Law & Business
To this debate comes Dani Rodrik, an economist on the faculty of Har- vard's John F. Kennedy School of Government. In his brief and intriguing book, Has Globalization Gone Too Far?,2 he seeks to make the race-to-the- bottom story respectable for those who take economics seriously. Rather than preaching radical opposition to globalization, however, he proposes moderate and incremental resistance. He outlines policy responses to what he argues are legitimate concerns about the growth of the world economy, encouraging targeted trade barriers based on a demonstrated national con- sensus about legitimate and illegitimate means of production. I will begin by …
The Worldwide Banning Of Schmiergeld: A Look At The Foreign Corrupt Practices Act On Its Twentieth Birthday, Stanley Sporkin
The Worldwide Banning Of Schmiergeld: A Look At The Foreign Corrupt Practices Act On Its Twentieth Birthday, Stanley Sporkin
Northwestern Journal of International Law & Business
Many cynics viewed the United States' attempt to ban all forms of cor- porate bribery as another example of the federal government's taking on the role of Don Quixote and tilting at windmills. While the law may not have been taken seriously when it was first enacted, it is clear that it has assumed a prominent place among our federal criminal laws. According to a recent article in the Wall Street Journal, the FCPA remains "the world's toughest law against foreign bribes."9 This article will provide background as to how the law was conceived and will discuss the law's present …
Designing An Fcpa Compliance Program: Minimizing The Risks Of Improper Foreign Payments, Daniel L. Goelzer
Designing An Fcpa Compliance Program: Minimizing The Risks Of Improper Foreign Payments, Daniel L. Goelzer
Northwestern Journal of International Law & Business
Every U.S. company, public or private, that conducts operations out- side of the United States should devote serious consideration to creating and implementing an Foreign Corrupt Practices Act ("FCPA" or "Act") compli- ance program. In this context, an "FCPA compliance program" means a single, documented, corporate plan designed to reduce the likelihood that the company will engage in violations of the anti-bribery provisions of the FCPA, and to detect such violations and bring them to the attention of sen- ior management, if they occur.' A well-designed compliance program has obvious importance in educating employees concerning their responsibili- ties in this …
The International Court Of Justice: Effectively Providing A Long Overdue Remedy For Ending State Sponsored Genocide (Bosnia-Herzegovina V. Yugoslavia), William L. Hurlock
The International Court Of Justice: Effectively Providing A Long Overdue Remedy For Ending State Sponsored Genocide (Bosnia-Herzegovina V. Yugoslavia), William L. Hurlock
American University International Law Review
No abstract provided.
Hong Kong: Preserving Human Rights And The Rule Of Law
Hong Kong: Preserving Human Rights And The Rule Of Law
American University International Law Review
No abstract provided.
Power To The People: Allowing Private Parties To Raise Claims Before The Wto Dispute Resolution System, Glen T. Schuyler
Power To The People: Allowing Private Parties To Raise Claims Before The Wto Dispute Resolution System, Glen T. Schuyler
Fordham Law Review
No abstract provided.
The Problem Of Corruption: A Tale Of Two Countries, Kimberly Ann Elliott
The Problem Of Corruption: A Tale Of Two Countries, Kimberly Ann Elliott
Northwestern Journal of International Law & Business
This perspective provides an introduction to the problem of corruption, focusing on two questions: * What causes corruption? * Where is corruption most serious? The perspective concludes with a brief discussion of two countries - Kenya and Uganda - that seem to be going in opposite directions politi- cally and economically, as well as in their attitudes toward corruption.
Defending Sec And Doj Fcpa Investigations And Conducting Related Corporate Internal Investigations: The Triton Energy/Indonesia Sec Consent Decree Settlements, Arthur F. Mathews
Defending Sec And Doj Fcpa Investigations And Conducting Related Corporate Internal Investigations: The Triton Energy/Indonesia Sec Consent Decree Settlements, Arthur F. Mathews
Northwestern Journal of International Law & Business
This article will summarize the foreign bribery/corrupt foreign pay- ments provisions of the FCPA, briefly survey the related books and records and internal accounting controls provisions, analyze available defenses to civil and criminal FCPA charges, and explore sensitive substantive and strategic issues that arise in the defense of SEC and DOJ/grand jury investi- gations and in the conduct of related corporate internal investigations. This article will also analyze the recent SEC consent decree settlements in the Triton Energy/Indonesia case, and explore the types of defenses that might be pursued if an FCPA foreign payments case like Triton were litigated rather …
Toward A Comparative Analysis Of Institutions For International Economic Integration, Joel P. Trachtman
Toward A Comparative Analysis Of Institutions For International Economic Integration, Joel P. Trachtman
Northwestern Journal of International Law & Business
This issue is devoted to the publication of papers presented at the 1996 annual conference of the International Economic Law Group of the American Society of International Law. This conference presented an opportunity for scholars from different countries and backgrounds, with expertise in different types of international eco- nomic integration, to assemble and compare notes. The articles in this issue represent the results of their research and discussion.
European Constitutionalism And Its Discontents, J.H.H. Weiler, Joel P. Trachtman
European Constitutionalism And Its Discontents, J.H.H. Weiler, Joel P. Trachtman
Northwestern Journal of International Law & Business
Traditionally, the European Community has been set apart from all other international organizations, as well as from states, and Euro- pean Community law has been distinguished from both international law and from domestic law. This was so because of the supposed unique internal structure and processes of the European Community. This "splendid isolation" is no longer viable. Increasingly in the .be- havior - and study - of other transnational organizations, polities or regimes, the European transnational experience has come to provide a model, a yardstick and a set of analytical and critical tools, and per- haps erroneously, a desideratum. While …
Constitutionalism And International Organizations, Ernst-Ulrich Petersmann
Constitutionalism And International Organizations, Ernst-Ulrich Petersmann
Northwestern Journal of International Law & Business
Peaceful cooperation among individuals and among states has be- come a globally recognized policy objective. The worldwide trend to- wards deregulation, market economies, protection of human rights and democracies reflects an increasing recognition that individual freedom, non-discrimination and rule of law are the best conditions for promoting individual and collective self-determination and social welfare. But in contrast to the long-standing constitutional theories for national democracies, there is a troubling paucity of theory on how to achieve a peaceful international order based on worldwide liberal rules. During the first half of the 20th century, government policies in international relations continued to …