Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Europe (2)
- International Law (2)
- Art Trade (1)
- CISG Convention (1)
- China (1)
-
- Convention on Contracts for the International Sale of Goods (1)
- Drug Adminstration (1)
- Foreign Investment (1)
- Gender Inequality (1)
- Labor Issues (1)
- Matimak Trading Co. v. Khalily (1)
- Matimak Trading Company (1)
- On the State Registration of Rights in Real Property (1)
- Product liability (1)
- Russian Federation (1)
- Stateless (1)
- Statelessness (1)
- Tax (1)
- Theory of international legitimacy (1)
- Thomas Franck (1)
- UCC Article 2 (1)
- Wilson v. Humphreys (Caymen) Ltd. (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Lost In The Judicial Wilderness: The Stateless Corporation After Matimak Trading, Mark Baker
Lost In The Judicial Wilderness: The Stateless Corporation After Matimak Trading, Mark Baker
Northwestern Journal of International Law & Business
Statelessness clearly implicates issues concerning basic human rights. The United Nations has addressed some of these issues by taking steps to reduce statelessness and to minimize its results, most notably with the Convention on the Reduction of Statelessness and the Convention Relating to the Status of Stateless Persons. Although mitigating the effects of statelessness is noble and quite worthwhile, these efforts may fail to reach certain stateless persons, and, more specifically, certain stateless entities. Enter Matimak Trading Company ("Matimak"), a corporation formed under the laws of, and with its principal place of business in, Hong Kong. Recently, the U.S. Second …
An International Drug Administration: Curing Uncertainty In International Pharmaceutical Product Liability, Katherine A. Davis
An International Drug Administration: Curing Uncertainty In International Pharmaceutical Product Liability, Katherine A. Davis
Northwestern Journal of International Law & Business
This comment will demonstrate how discrepancies among product li- ability standards and different interpretations of their application have cre- ated fear and uncertainty in the pharmaceutical industry. This fear has caused distortions in the market, increased costs for both manufacturers and consumers, and chilled the research and development of new products. To combat these problems, this comment proposes that the United States, the European Union, and Japan work together to create a new international, uniform system of product liability for pharmaceutical products. Harmo- nizing the standard of liability for pharmaceuticals among these regimes has proven inadequate to stop inconsistency and …
China's Tax Preferences To Foreign Investment: Policy, Culture And Modern Concepts, Zhaodong Jiang
China's Tax Preferences To Foreign Investment: Policy, Culture And Modern Concepts, Zhaodong Jiang
Northwestern Journal of International Law & Business
In conclusion, policy-making in China is subject to the leadership's perception of problems and solutions. Taxation must reflect political and economic concerns and closely follow policy choice. For the Chinese, the objective, economic value to foreign businesses should not be as important as the Chinese sincerity and friendly sentiments that the preferential meas- ures symbolize. While the Chinese do refer to modern concepts such as ef- ficiency or equity, they tend to apply their own interpretation and understanding.
The Kalanke Ruling: Gender Equality In The European Labor Market, Ann Donahue
The Kalanke Ruling: Gender Equality In The European Labor Market, Ann Donahue
Northwestern Journal of International Law & Business
Part I of this note describes the facts that lead up to the ruling in Ka- lanke v. Freie Hansesetadt Bremen and critiques the decision of the ECJ. Since the Court's reasoning lacks depth and precedence, Part II examines the opinion of the Advocate General to explain the possible reasoning be- hind the decision. Part III scrutinizes the degree of cohesiveness between the Kalanke ruling and subsequent decisions by the ECJ. Part IV follows the reactions of the European market to Kalanke. Part V examines propos- als to minimize the effects of the decision. Finally, the note proposes statutory language …
Combating The Ilicit Art Trade In The European Union: Europol's Role In Recovering Stolen Artwork, Jennifer Sultan
Combating The Ilicit Art Trade In The European Union: Europol's Role In Recovering Stolen Artwork, Jennifer Sultan
Northwestern Journal of International Law & Business
In order to provide a context for a discussion of how to effectively combat the art theft problem, Part II of this comment will examine the vari- ous incentives that encourage art theft. Parts I, IV, and V will explain the background and key provisions of two international conventions and one regional directive that address the problem of art theft in the EU. Part VI will analyze the strengths and shortcomings of the existing legal regime ac- cording to the two conventions and a directive. Part VII will discuss three mechanisms that have been somewhat successful in the recovery of …
The Cisg Convention And Thomas Franck's Theory Of Legitimacy, Anthony S. Winer
The Cisg Convention And Thomas Franck's Theory Of Legitimacy, Anthony S. Winer
Northwestern Journal of International Law & Business
The Contracts for the International Sale of Goods (CISG) Convention is one of the most talked-about, and written-about, aspects of international commercial law. Ss time progresses, it may become evident that significant numbers of commercial actors and significant numbers of courts and other adjudicatory bodies are simply choosing not to apply the Convention. In such event, the question as to why there should be such a reluctance to adopt the Convention will present itself. This Article finds helpful perspective on this question in the work of international legal scholar Thomas Franck. Specifically, guidance is drawn from the theory of international …
The Law "On The State Registration Of Rights In Real Property": Encouraging Or Deterring Foreign Investment In The Russian Federation?, William R. Siegel
The Law "On The State Registration Of Rights In Real Property": Encouraging Or Deterring Foreign Investment In The Russian Federation?, William R. Siegel
Northwestern Journal of International Law & Business
The Law "On the State Registration of Rights in Real Property" of July 21, 1997 (the "Registration Law" or "the Law") constitutes a major step towards the achievement of an effective national registration system and, concomitantly, a viable real estate market for foreign investors in the Russian Federation ("RF"). Prior to this law, foreign investors could not rely upon a formal system of state registration to protect their interests in real property.To remedy this problem, the Registration Law creates a system that, at least on paper, is comparable to Western registration systems in its consistency, accessibility and certainty. However, the …