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Full-Text Articles in Law

Current Administration Of U.S. Antidumping And Countervailing Duty Laws: Implications For Prospective U.S.-Mexico Free Trade Talks, Stephen J. Powell, Craig R. Giesse, Craig L. Jackson Jan 1990

Current Administration Of U.S. Antidumping And Countervailing Duty Laws: Implications For Prospective U.S.-Mexico Free Trade Talks, Stephen J. Powell, Craig R. Giesse, Craig L. Jackson

Northwestern Journal of International Law & Business

U.S.-Mexico trade relations are changing at a rapid pace. In 1985, the United States and Mexico entered into a bilateral trade agreement that seeks to eliminate the subsidization of manufactured products. One year later, Mexico became a signatory to the General Agreement on Tariffs and Trade (the "GATT"), the multilateral accord that governs world trade in manufactured and agricultural products. In 1987, the two countries entered into a framework agreement that establishes a consultative mechanism designed to resolve bilateral trade disputes involving such issues as intellectual property protection, direct foreign investment, and trade in goods and services.


The Invasion Of Panama Was A Lawful Response To Tyranny, Anthony D'Amato Jan 1990

The Invasion Of Panama Was A Lawful Response To Tyranny, Anthony D'Amato

Faculty Working Papers

The Grenada and Panama interventions contributed to the momentum of popular sovereignty. Not only did the United States remove tyrannical leaders from those two countries, but more importantly it set an example that has undoubtedly shaken other ruling elites that enjoy tyrannical control in their own countries. For even if some of those entrenched elites regard themselves as secure against popular uprising in their own countries (usually by the application of torture and brutality against political dissidents), they cannot now feel totally insulated against foreign humanitarian intervention. Thus, Grenada and Panama may very well act as catalysts in the current …


Merger Control In The European Community: The Ec Regulation "On The Control Of Concentrations Between Undertakings" And Implementing Guidelines, Terence P. Stewart, Delphine A. Abellard Jan 1990

Merger Control In The European Community: The Ec Regulation "On The Control Of Concentrations Between Undertakings" And Implementing Guidelines, Terence P. Stewart, Delphine A. Abellard

Northwestern Journal of International Law & Business

The European Community (EC) is currently adopting comprehensive new legislation within the framework of its internal market program, which is expected to transform the way business is conducted in the EC. By December 1992, the Community should be well on its way to becoming an integrated economy, with about 320 million consumers. Not surprisingly, the number of mergers and acquisitions in the EC across national boundaries is increasing in response to the prospects of a larger consumer base and greater market opportunities. The new EC Regulation "On the Control of Concentrations Between Undertakings" is one element of the EC's ambitious …


Copyright Protection For Data Obtained By Remote Sensing: How The Data Enhancement Industry Will Ensure Access For Developing Countries, J. Richard West Jan 1990

Copyright Protection For Data Obtained By Remote Sensing: How The Data Enhancement Industry Will Ensure Access For Developing Countries, J. Richard West

Northwestern Journal of International Law & Business

The use of remote sensing of the earth by satellite has grown tremendously since the United States launched the first such satellite, Landsat 1, in 1972. In 1984, the Land Remote Sensing Commercialization Act began the gradual transfer of the United States Landsat program to the private sector. The Earth Observation Satellite Company (EOSAT) is the private operator licensed pursuant to the Act, and is preparing to launch the first privately-operated remote sensing satellite, Landsat 6, in 1991. The Commercialization Act requires operators to make raw data available to all users on a nondiscriminatory basis, but it does not preclude …


Worker Rights In The Post-1992 European Communities: What "Social Europe" Means To United States-Based Multinational Employers, Donald C. Jr. Dowling Jan 1990

Worker Rights In The Post-1992 European Communities: What "Social Europe" Means To United States-Based Multinational Employers, Donald C. Jr. Dowling

Northwestern Journal of International Law & Business

The United States media have extensively covered the trade angle of the European Communities [EC] program to create a "single market" by the end of 1992. The media coverage has spotlighted the benefits the EC market will offer multinational corporations, such as the market's "economies of scale" and its 320 million consumer block. By now this 1992 news has sunk in, and many United States corporations are assessing how they might exploit the soon-to-be unified EC market.


Chan V. Korean Air Lines, Ltd.: Skirting The Legislative History Of The Warsaw Convention, Ian A. Schwartz Jan 1990

Chan V. Korean Air Lines, Ltd.: Skirting The Legislative History Of The Warsaw Convention, Ian A. Schwartz

Northwestern Journal of International Law & Business

On September 1, 1983, over the Sea of Japan, a Soviet Union military aircraft destroyed a Korean Air Lines Boeing 747 en route from Kennedy Airport in New York to Seoul, South Korea. All 269 persons on board the plane were killed. The Warsaw Convention ("Convention"), a multilateral treaty governing the international carriage of passengers, baggage, and cargo by air, provides a per passenger damage limitation for personal injury or death. The Convention further provides that passenger tickets must include notice of this limitation, and a private accord among airlines known as the Montreal Agreement ("Agreement") states that this notice …


Direct Foreign Investment In The Caribbean: A Legal And Policy Analysis, Lewis D. Solomon, David H. Mirsky Jan 1990

Direct Foreign Investment In The Caribbean: A Legal And Policy Analysis, Lewis D. Solomon, David H. Mirsky

Northwestern Journal of International Law & Business

The purpose of this Article is to delineate the central issues facing countries which seek to encourage direct foreign investment in their local economies, and to suggest which approaches to these issues appear most likely to facilitate the attraction of foreign capital, technology and expertise, while preserving local control over the potentially detrimental effects of such investment.


The Treaty With Poland Concerning Business And Economic Relations: Does It Provide More Incentive To The American Investor?, Todd Ewing Jan 1990

The Treaty With Poland Concerning Business And Economic Relations: Does It Provide More Incentive To The American Investor?, Todd Ewing

Northwestern Journal of International Law & Business

Among the reformed East European countries now embracing democratic notions, Poland has been the most aggressive in the effort to reach full-fledged democracy. These efforts are reflected by Poland's recent amendments to its foreign investment law and, most recently, the signing of a treaty with the United States in hopes of attracting American investors. This article briefly examines the role and content of this treaty in the context of the overall United States treaty program and, more importantly, determines whether the Treaty has the potential to stimulate U.S. investment above and beyond the incentives now in place under the foreign …


Strangers In A Strange Land: Foreign Compulsion And The Extraterritorial Application Of United States Employment Law, Michael A. Jr. Warner Jan 1990

Strangers In A Strange Land: Foreign Compulsion And The Extraterritorial Application Of United States Employment Law, Michael A. Jr. Warner

Northwestern Journal of International Law & Business

The increasingly interdependent nature of the world economy has made commonplace the overseas employment of United States citizens by United States multinational corporations. When an American company employs a United States citizen in a foreign country questions arise as to what extent the United States may regulate employment activity taking place outside of United States territorial boundaries. Historically, principles of territoriality and nationality have constrained the ability of a sovereign state to prescribe conduct occurring outside of its boundaries. Under traditional principles of jurisdiction, employee relations fell predominantly under the control of the local authorities where the person or persons …


Joint Ventures, Antitrust, And Transnational Cartelization, Walter Adams, James W. Brock Jan 1990

Joint Ventures, Antitrust, And Transnational Cartelization, Walter Adams, James W. Brock

Northwestern Journal of International Law & Business

Joint ventures have fired corporate imaginations and captured the fancy of government officials, who perceive them as key weapons in the struggle to achieve global competitiveness. Characterizing the trend as corporate America's version of the singles bar, Business Week reports that in the current rage for "strategic alliances," scarcely a day passes without the announcement of another cooperative inter-corporate agreement. The London Economist reports that "just as the vogue for aggressive takeovers in America and Britain has come to an end, many of the world's biggest companies are scrambling to sign up joint-venture partners or to conclude an alliance with …


Guidelines For Mergers And Acquisitions In France, David J. Berger Jan 1990

Guidelines For Mergers And Acquisitions In France, David J. Berger

Northwestern Journal of International Law & Business

Recent developments in France, including the opening of French markets and the privatization of many of the companies nationalized in the early 1980s, have made France one of the leading countries for investment by American companies seeking to enter Europe prior to the unified European market in 1992. France's liberalization of foreign investment rules, as well as its lifting of foreign exchange controls, have further helped make French companies among the most attractive for both American and European investors.


Red Raspberries: Effective Dispute Settlement In The Canada-United States Free Trade Agreement, Thomas M. Boddez, Alan M. Rugman Jan 1990

Red Raspberries: Effective Dispute Settlement In The Canada-United States Free Trade Agreement, Thomas M. Boddez, Alan M. Rugman

Northwestern Journal of International Law & Business

By negotiating the Free Trade Agreement (FTA) with the United States, the Canadian government sought to ensure its exporters more secure and predictable access to the huge United States market, where a majority of Canadian foreign trade is conducted. Canadian exporters were especially concerned with the increased imposition of antidumping (AD) and countervailing duties (CVD) by the United States. Trade laws in the United States are effected through the International Trade Commission (ITC) and the International Trade Administration of the Department of Commerce (ITA). These bodies are central to the bifurcated, quasi-judicial administrative system used in the United States to …


The Controls On The Transfrontier Movement Of Hazardous Waste From Developed To Developing Nations: The Goal Of A "Level Playing Field", Michelle M. Vilcheck Jan 1990

The Controls On The Transfrontier Movement Of Hazardous Waste From Developed To Developing Nations: The Goal Of A "Level Playing Field", Michelle M. Vilcheck

Northwestern Journal of International Law & Business

In the 1970s, the United States Congress began passing national environmental legislation. One reason for such legislation was to "level the playing field" among the fifty states so that economic advantage did not accrue to one state at the expense of environmental quality and public health.' The world now faces a similar need for environmental legislation on an international level. Environmental laws of individual nations have become more and more divergent as developed countries, such as the United States, enact tougher environmental laws, while less developed nations fail to enact any environmental regulations. The variant standards of these environmental laws …