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Full-Text Articles in Law

Emerging Unification Of Conflict Of Laws Rules Applicable To The International Sale Of Goods: Uncitral And The New Hague Conference On Private International Law, Francis A. Gabor Jan 1986

Emerging Unification Of Conflict Of Laws Rules Applicable To The International Sale Of Goods: Uncitral And The New Hague Conference On Private International Law, Francis A. Gabor

Northwestern Journal of International Law & Business

A new lex mercatoria is emerging in the unification of the law of international trade. In analyzing this development, this Article will emphasize two points. First, international contracts are based essentially on national law, a feature of which is the lack of state involvement resulting in party autonomy. A party's freedom to contract is a uniformly recognized principle of contract law. Second, in recent times -- particularly following World War II -- a wide range of state governmental regulations have appeared which restrict parties' freedom to contract. Such restrictions include economic regulations promulgated by the modern state, plus considerable legislation …


Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, William B.T. Jr. Mock Jan 1986

Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, William B.T. Jr. Mock

Northwestern Journal of International Law & Business

United States manufacturers have sometimes found themselves unable to identify which unfair import competitors have injured their industries when sources of unfair competition exist in more than one country. These manufacturers have had some redress from unfair trade available to them through various federal trade laws, including, inter alia, the antidumping and countervailing duty laws. Until recently, however, these laws have largely addressed unfair trade competition coming from a single foreign country source at a time; they have not, however, addressed the "hammering effect" of unfair competition from many sources operating in the market at once or sequentially. The International …


Section 301 Of The Trade Act Of 1974: Requirements, Procedures, And Developments, Judith Hippler Bello, Alan F. Holmer Jan 1986

Section 301 Of The Trade Act Of 1974: Requirements, Procedures, And Developments, Judith Hippler Bello, Alan F. Holmer

Northwestern Journal of International Law & Business

The recent dramatic increase in the use of Section 301 of the Trade Act of 1974 ("§ 301") and a predecessor provision in the Trade Expansion Act warrants a review of its requirements and procedures. This Article illustrates those requirements and procedures through § 301's application in particular cases. The Article also explains why recent events have led to more frequent resort to § 301 and related legal provisions. Section 301 is currently the lodestar of the Administration's free and fair trade policy. This policy stresses, in particular, the need for equitable access to foreign markets for United States exports …


The Role Of The Black Market In China's International Financial System, Amy E. Yates Jan 1986

The Role Of The Black Market In China's International Financial System, Amy E. Yates

Northwestern Journal of International Law & Business

The dichotomy between China's political theory and its administrative reality is nowhere more apparent than in the system China has developed to manage the inflow of foreign reserves into the country. In order to avoid disturbing the domestic economy, the government developed an elaborate two-tiered currency system. In addition, the government issued a set of Foreign Control Regulations which placed restrictions on the use of exchange. The regulations purported to place the use of foreign exchange under a "unified national plan." In reality, however, beyond the reaches of the officially promulgated regulations, a thriving black market for foreign currency, foreign …