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The European Union's New Usb-C Standardization Amendment: What Does It Mean For Innovation Within The Consumer Technology Industry?, Adrien Fourneaux Jan 2024

The European Union's New Usb-C Standardization Amendment: What Does It Mean For Innovation Within The Consumer Technology Industry?, Adrien Fourneaux

Northwestern Journal of International Law & Business

No abstract provided.


China Data Flows And Power In The Era Of Chinese Big Tech, W. Gregory Voss, Emmanuel Pernot-Leplay Jan 2024

China Data Flows And Power In The Era Of Chinese Big Tech, W. Gregory Voss, Emmanuel Pernot-Leplay

Northwestern Journal of International Law & Business

Personal data have great economic interest today and their possession and control are the object of geopolitics, leading to their regulation by means that vary dependent on the strategic objectives of the jurisdiction considered. This study fills a gap in the literature in this area by analyzing holistically the regulation of personal data flows both into and from China, the world’s second largest economy. In doing so, it focuses on laws and regulations of three major power blocs: the United States, the European Union, and China, seen within the framework of geopolitics, and considering the rise of Chinese big tech. …


Privatization And Flawed Punishment: An Economic Analysis And Critique Of Private Prisons In The United States And United Kingdom, Gabriella A. Badmus Jan 2024

Privatization And Flawed Punishment: An Economic Analysis And Critique Of Private Prisons In The United States And United Kingdom, Gabriella A. Badmus

Northwestern Journal of International Law & Business

No abstract provided.


The (In)Efficacy Of Multilateral Corruption Laws: Why The United States Should Endorse The International Anti-Corruption Court, Peter Cates Jan 2024

The (In)Efficacy Of Multilateral Corruption Laws: Why The United States Should Endorse The International Anti-Corruption Court, Peter Cates

Northwestern Journal of International Law & Business

Public corruption, the abuse of state power for personal gain, plagues the international community by undermining democracy, exacerbating human rights issues, and stymying economic development. To combat this threat, the international community has taken on multiple treaties to collaboratively curb corruption and its effects including, significantly, the United Nations Convention Against Corruption and the OECD Anti-Bribery Convention. For its part, the United States prosecutes international corruption through the Foreign Corrupt Practices Act (FCPA). The FCPA subjects U.S. companies who engage in bribery schemes (the "supply-side" of corruption) to criminal and civil penalties regardless of whether the actions took place outside …


Disclosure Effects In Influencer Marketing: Implications For Courts, Regulators, And Marketers, Gerlinde Berger-Walliser, Stefan J. Hock, Bjorn Walliser Jan 2024

Disclosure Effects In Influencer Marketing: Implications For Courts, Regulators, And Marketers, Gerlinde Berger-Walliser, Stefan J. Hock, Bjorn Walliser

Northwestern Journal of International Law & Business

No abstract provided.


Non-State Actors For Profit: Revisiting Transnational Corporations' Personhood And Responsibility Under International Law, Katayoon Beshkardana, Faraz Shahlaei Jan 2024

Non-State Actors For Profit: Revisiting Transnational Corporations' Personhood And Responsibility Under International Law, Katayoon Beshkardana, Faraz Shahlaei

Northwestern Journal of International Law & Business

The growing impact of Transnational Corporations (TCs) on international trade, investment, and human rights raises the question of international corporate responsibility. For international responsibility, TCs must be recognized as subjects of international law with legal personality. Apart from states as the primary subjects of international law, such status has been granted to inter-governmental organizations (IGOs). The factors that contributed to the IGOs’ recognition as international law subjects seem to be present for TCs today. While the International Court of Justice granted such legal status to IGOs, for TCs, the best path to recognition would be to establish a global authority …


Esg, Geopolitics, And Human Rights In Disputed Territories, Galia Rivlin Jan 2024

Esg, Geopolitics, And Human Rights In Disputed Territories, Galia Rivlin

Northwestern Journal of International Law & Business

Business enterprises operating in the international sphere face pressing and persistent questions concerning their environmental, social, and governance responsibilities. As the number of disputes escalates worldwide, such questions become more acute. In addition to any voluntary social responsibilities business enterprises may have, a complex legal framework governs business activity in the context of human rights. This framework was designed to address governance shortfalls pertaining to transnational corporations. Business enterprises thus operate nowadays in a web of social standards and legal human rights responsibilities. The human rights responsibilities of business enterprises may be initially associated with forced labor or child labor …


When The Ant Gets Too Big: Understanding China’S Financial Regulation Through The Suspension Of Ant Group’S Ipo, Cherie Zhang Jan 2024

When The Ant Gets Too Big: Understanding China’S Financial Regulation Through The Suspension Of Ant Group’S Ipo, Cherie Zhang

Northwestern Journal of International Law & Business

The suspension of Ant Group’s IPO in 2020 sent shockwaves through China’s financial landscape. Amid speculation that founder Jack Ma’s criticism towards the Chinese government triggered the suspension, this note argues for a nuanced understanding rooted in legal and economic factors unique to the Chinese financial regulatory system. By analyzing Ant’s case, this note contributes to contextualizing China’s evolving banking, securities, and FinTech regulation, while providing lessons for both regulators and fintech companies in fast-growing markets.


I Want A New (Generic) Drug: A Comparative Case For Shifting U.S. Generic Drug Policies To Increase Availability And Lower Healthcare Costs, Immer S. Chriswell Jan 2024

I Want A New (Generic) Drug: A Comparative Case For Shifting U.S. Generic Drug Policies To Increase Availability And Lower Healthcare Costs, Immer S. Chriswell

Northwestern Journal of International Law & Business

Enacted in 1984, Hatch-Waxman was intended to increase generic drug availability and make critical healthcare more affordable for Americans. In the nearly forty years following, while it has increased availability of drugs, it has also allowed drug originators to create avenues to profit in ways not intended when the original compromise was struck, undermining its success. Moreover, given a weak antitrust standard against reverse settlement payments proscribed in Actavis, the U.S. faces a dilemma to further improve access to generic medications in the future. The E.U.’s approach to generic drugs, while presently geographically fragmented, is simpler and has a clear …