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Full-Text Articles in Law

Commission V. Germany And Article 36 Protection Of Human Life And Health, Mimi Y. Lee Jan 1988

Commission V. Germany And Article 36 Protection Of Human Life And Health, Mimi Y. Lee

Northwestern Journal of International Law & Business

Free movement of goods is a fundamental principle of the European Community. Article 36 of the EEC Treaty, however, provides important exceptions to the principle of free movement of goods as embodied in Article 30. Recently, the Court of Justice of the European Community ("Court of Justice" or "Court") has begun to develop a significant body of case law on the protection of human health exception of Article 36. This development coincides with the increasing public interest in consumer protection law, particularly with regard to the production of food-stuffs. Commission of the European Communities v. Federal Republic of Germany presents …


Subsidies Under United States Countervailing Duty Law: The Case Of Taiwan, Clyde D. Stoltenberg Jan 1988

Subsidies Under United States Countervailing Duty Law: The Case Of Taiwan, Clyde D. Stoltenberg

Northwestern Journal of International Law & Business

The rapid industrialization of the Republic of China on the island of Taiwan during the past thirty years has been accompanied by the entry of goods "made in Taiwan" into markets around the world. Indeed, foreign trade has become the backbone of Taiwan's economy and the impetus for its economic growth. Between 1976 and 1984, for example, year-to-year growth rates of imports ranged from 7.4% to 34.0%, while export growth ranged from 14.1% to 53.8%. In its ninth medium-term economic plan, the Council of Economic Planning and Development ("CEPD") calls for Taiwan's economy to grow by an annual average of …


American Lamb Company V. United States: Application Of The Reasonable Indication Standard, Nam H. Paik Jan 1988

American Lamb Company V. United States: Application Of The Reasonable Indication Standard, Nam H. Paik

Northwestern Journal of International Law & Business

The utilization of non-tariff barriers in international trade has taken on significant importance in protecting United States industries from unfair trading practices by foreign competitors. Non-tariff barriers such as antidumping and countervailing duty measures are designed to regulate "unfair methods of competition and unfair acts" by foreign concerns. The regulations promulgated by the International Trade Administration ("ITA") of the Department of Commerce and the International Trade Commission ("ITC"), contain the appropriate measures followed by these agencies in their investigations of potential dumping and countervailing duty violations. If the ITA determines that an investigation is warranted after considering information reasonable available …


Perestroika And Market Socialism: The Effects Of Communism's Slow Thaw On East-West Economic Relations, W. Gary Vause Jan 1988

Perestroika And Market Socialism: The Effects Of Communism's Slow Thaw On East-West Economic Relations, W. Gary Vause

Northwestern Journal of International Law & Business

The United States post-war foreign policy towards the East has been dominated by a strategic-military orientation. This Perspective will examine East-West relations from a new perspective, one in which an improved climate of economic relations, based upon mutually beneficial trade and investment contacts between the United States and the major communist nations, provides a complement for diplomatic efforts to reduce global military tensions. The threshold analytical premise of this study is that United States foreign policy must be addressed as a comprehensive whole, and that foreign economic, human rights, political and geostrategic policies are not only interdependent, but indivisible. Decisions …


Debt/Equity Swaps And Mexican Law: The Interplay Between Law And Regulation, Mark B. Baker Jan 1988

Debt/Equity Swaps And Mexican Law: The Interplay Between Law And Regulation, Mark B. Baker

Northwestern Journal of International Law & Business

Undeniably, one of the most significant current economic issues is the role of Direct Foreign Investment ("DFI") in the continued development of all nations, rich and poor. History has shown that successful DFI requires a delicate balance between the investor and host country. The emerging view (and one supported by the plethora of recently enacted or modified Foreign Investment Codes) is to seek only those investments from abroad which might be characterized as "beneficial" to the host country. The United States of Mexico has addressed the question of Direct Foreign Investment for many years. In doing so, Mexican policy regarding …


Controlling Diversion: How Can We Convert The Toshiba-Kongsberg Controversy Into A Victory For The West, Jere W. Morehead Jan 1988

Controlling Diversion: How Can We Convert The Toshiba-Kongsberg Controversy Into A Victory For The West, Jere W. Morehead

Northwestern Journal of International Law & Business

Since the revelations last year that a Toshiba Corporation subsidiary illegally sold the Soviet Union tools to make superquiet submarine propellers, the United States government has struggled to develop an appropriate response for punishing the Japanese company. Unfortunately, the proposals advanced by the United States have not been directed at using this episode to advance meaningful reforms in both domestic and multilateral export controls. This Perspective will examine the Toshiba-Kongsberg case, summarize the current state of export controls, and suggest a strategy to improve upon the poor record of the West in controlling the diversion of strategic technology to the …