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Full-Text Articles in Law
Foreward: Mergers, Market Access And The Millennium, Eleanor M. Fox
Foreward: Mergers, Market Access And The Millennium, Eleanor M. Fox
Northwestern Journal of International Law & Business
The symposium issue is a nice microcosm of the competition law issues facing the world. It presents the tensions between national control and world integration. It presents the twin, conflicting impulses to eschew internationalization, hoping to do well enough by deepened positive comity (Waller), and to embrace internationalization at least cautiously to address concerns where unharnessed operation of national interests obstructs efficient solutions and where internationalization is most likely to sidestep the political landmines (Fiebig).
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 …
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 …
Foundation-Building For Western Hemispheric Integration, Frederick M. Abbott
Foundation-Building For Western Hemispheric Integration, Frederick M. Abbott
Northwestern Journal of International Law & Business
The United States is embarked upon an ambitious program of western hemispheric economic integration about which its domestic body politic is decidedly ambivalent. The process in which the North American Free Trade Agreement (NAFTA) was approved in 1993 re- vealed deep divisions between the major political parties and their various interest group constituencies concerning the appropriate scope of an economic integration agenda. The Mexican peso crisis that began in December 1994 provoked a deep crisis of confidence regarding Mexico's readiness to participate in a mature economic partnership with the United States and Canada. Subsequent revela- tions relating to corruption infecting …
Dispute Resolution As A Catalyst For Economic Integration And An Agent For Deepening Integration: Nafta And Mercosur?, Cherie O'Neal Taylor
Dispute Resolution As A Catalyst For Economic Integration And An Agent For Deepening Integration: Nafta And Mercosur?, Cherie O'Neal Taylor
Northwestern Journal of International Law & Business
An economic integration arrangement between nations cannot exist without the creation of the necessary institutions. Any free trade, customs union or common market agreement1 must have, at a minimum, political institutions and a dispute settlement mechanism. The political institutions are necessary to allow the countries to reach decisions about how to implement the treaty obligations and objec- tives and to oversee that implementation. The dispute settlement mechanism is needed to resolve disputes that may arise over the meaning and application of the agreement's legal obligations and objectives. A dispute settlement mechanism is crucial to the viability of an economic integration …
"Trade And": Recent Developments In Trade Policy And Scholarship - And Their Surprising Political Implications, Jeffrey L. Dunoff
"Trade And": Recent Developments In Trade Policy And Scholarship - And Their Surprising Political Implications, Jeffrey L. Dunoff
Northwestern Journal of International Law & Business
Lately, I've been thinking about the richly suggestive phrase "trade and." What does it mean? Is it shorthand for new topics on the expanded trade agenda, such as "trade and environment" or "trade and intellectual property"? Does it describe new movements in legal scholarship on trade issues? How is it similar to, or different from, "law and"? Until fairly recently, most scholarship about international trade law fell within a relatively well-defined domain. The substantive focus of this traditional scholarship' typically has been on a series of tradi- tional, core "trade" issues: tariffs, quotas, most-favored-nation treat- ment, nondiscrimination, permissible safeguards and …
Networks In International Economic Integration: Fragmented States And The Dilemmas Of Neo-Liberalism, Sol Picciotto
Networks In International Economic Integration: Fragmented States And The Dilemmas Of Neo-Liberalism, Sol Picciotto
Northwestern Journal of International Law & Business
Current discussions of "globalization" afford an opportunity to. reflect on the development of the modern international system and its governance as well as to evaluate prospects and strategies for the fu- ture. However, the term "globalization" is ambiguous. It conceals di- verse and sometimes conflicting trends and strategies; it appears to project a post-Cold War optimism of increasing global unity and pros- pects for a new world order based on a strengthened framework of international institutions. Nonetheless, tendencies towards fragmen- tation exist, in addition to an increasing awareness of diversity and, perhaps, global disorder. Certainly, efforts are being made to …
New Players For The Old Tobacco Game: The Czech Republic And Romania; It's Time To Change The Rules, Susan Meyer
New Players For The Old Tobacco Game: The Czech Republic And Romania; It's Time To Change The Rules, Susan Meyer
Northwestern Journal of International Law & Business
Cigarette and tobacco advertisements have become a part of life in the Czech Republic and Romania. In the Czech Republic, Camel cigarettes, manufactured by R.J. Reynolds, sponsored weddings in which taxis bearing the Camel logo transported guests from the wed- ding to the reception.' In Romania, Kent cigarettes, manufactured by British and American Tobacco Company (BAT), sponsored the ex- tremely popular television show "Dallas."3 Unfortunately, the health consequences of cigarette use, which lead to the annual death of three million people around the world,4 have also become a part of daily life. In 1995, almost 20% of the Czech Republic's …
Trade Protection In The New Millennium: The Ascendancy Of Antidumping Measures, Christopher F. Corr
Trade Protection In The New Millennium: The Ascendancy Of Antidumping Measures, Christopher F. Corr
Northwestern Journal of International Law & Business
This article will first examine why the antidumping law will become the weapon of choice for import protection in the new millennium. It then will provide an overview of the antidumping regulatory regime, and the controversy it has engendered. Finally this article will discuss the compli- ance measures that global exporters should consider in order to avoid anti- dumping liability in the future.
Trade Policy And Election-Year Politics: The Truth About Title Iii Of The Helms-Burton Act, Leslie R. Goldberg
Trade Policy And Election-Year Politics: The Truth About Title Iii Of The Helms-Burton Act, Leslie R. Goldberg
Northwestern Journal of International Law & Business
Part I of this comment chronicles the historical events leading to the promulgation of the Helms-Burton Act. Part II provides an overview of Ti- tle I of the Helms-Burton Act. Part I then analyzes Title III and de- scribes why Title III will not protect the property rights of U.S. citizens or deter enough foreign business investment in Cuba to expedite the collapse of Castro's regime. Next, Part IV details the it-for-tat legal retaliation that has stemmed from Title I's enactment, and Part V discusses the legality of Title mI's private right of action. Finally, Part VI recommends that Title …
Regulation Of Global Futures Markets: Is Harmonization Possible Or Even Desirable?, Jane C. Kang
Regulation Of Global Futures Markets: Is Harmonization Possible Or Even Desirable?, Jane C. Kang
Northwestern Journal of International Law & Business
The February 1995 collapse of the British merchant bank, Barings Plc, and the announcement in June 1996 by the Sumitomo Corpora- tion of copper trading losses in excess of 2 billion dollars are only two of the more recent events underscoring the global complexity of finan- cial markets today. The failure of Barings resulted from unhedged proprietary positions in the Nikkei 225 on the Singapore International Monetary Exchange (SIMEX) and the Osaka Stock Exchange. This precipitated actions by financial regulatory and market authorities in Singapore, Japan, Hong Kong, the United Kingdom, and the United States. The events surrounding Sumitomo spanned …
The Dangerous Extraterritoriality Of American Securities Law, Stephen J. Choi, Andrew T. Guzman
The Dangerous Extraterritoriality Of American Securities Law, Stephen J. Choi, Andrew T. Guzman
Northwestern Journal of International Law & Business
The capital markets within the United States are among the larg- est in the world. Today, the combined volume of the New York Stock Exchange (NYSE), American Stock Exchange (AMEX) and Nasdaq market system reaches approximately $4 trillion dollars annually.' With the size of the U.S. markets has come an understandable pride in the success of the American regulatory system.2 Possessing one of the most complex and intricate of regimes, the regulatory system in the United States, as administered and monitored by the Securities and Exchange Commission (SEC), is often praised.3 Not surprisingly, perhaps, the United States has frequently attempted …
U.S. Legal Considerations Affecting Global Offerings Of Shares In Foreign Companies, Daniel A. Braverman
U.S. Legal Considerations Affecting Global Offerings Of Shares In Foreign Companies, Daniel A. Braverman
Northwestern Journal of International Law & Business
The 1980s witnessed the emergence of so-called "global" equity offerings as part of the increasing internationalization of the world's capital markets. An equity offering can be said to be "global" when it involves simultaneous offerings of shares in a number of countries, one or more of which may be made to the public in accordance with the regulations of national markets. The capital markets of the United States can be included in a global equity offering in one of two ways: (1) shares may be offered to the public in accordance with the registration and disclosure requirements of the U.S. …
The Absence Of Cross-Cultural Communication: Sec Mandatory Disclosure And Foreign Corporate Governance, James A. Fanto
The Absence Of Cross-Cultural Communication: Sec Mandatory Disclosure And Foreign Corporate Governance, James A. Fanto
Northwestern Journal of International Law & Business
U.S. corporate law scholars have recently recognized that, even in developed Western countries, there have been different solutions to the classic agency problem,1 arguably the primary focus of corporate law that governs the relationship between owners and managers in the large public corporations which are so important in the world econ- omy.2 Scholars have also acknowledged that these solutions, which fall under the general heading of corporate governance,3 do not arise solely from the evolution of some fundamental economic order or logic, but are shaped by social, political and, more generally, cultural forces, often unique to a particular country.
In Search Of A Standard: "Serious Damage" In The Agreement On Textiles And Clothing, John M. Jennings
In Search Of A Standard: "Serious Damage" In The Agreement On Textiles And Clothing, John M. Jennings
Northwestern Journal of International Law & Business
The U.S. textile and apparel industries employed approximately two and a half million people in 1950.1 Since then, the industries have lost close to one million jobs, of which 857,000 have been lost since 1970.2 Competition from imported goods has contributed significantly to the decline.' Now the U.S. textile and apparel industries face the specter of accelerated job loss due to the "Agreement on Textiles and Clothing" (ATC)4 - a product of the Uruguay Round of GATT negotiations5 - which calls for the phasing out of import quota limitations in the textile and apparel industries.
The Utility Of Bilateral Investment Treaties In The Formulation Of Customary International Law, Bernard Kishoiyian
The Utility Of Bilateral Investment Treaties In The Formulation Of Customary International Law, Bernard Kishoiyian
Northwestern Journal of International Law & Business
In this paper, I propose to investigate the utility of BITs in the formulation of customary international law in the area of state responsibility for the protection of alien property. It is my thesis that the frenetic conclusion of BITs is occasioned by the uncertainty that pervades international investment law since the advent of the developing countries on the international scene, and secondly, that international law has not kept pace with the developments that have taken place in the last thirty years in foreign direct investment. To the extend that this is so, I contend that each BIT is nothing …
State Trading: Its Nature And International Treatment, Edmond M. Ianni
State Trading: Its Nature And International Treatment, Edmond M. Ianni
Northwestern Journal of International Law & Business
At least six considerations compel a review of the international practice of state trading. First, state trading is practiced widely throughout the world and embraces at least one quarter of world trade. From a domestic perspective, United States trade with state trading countries continues to grow and, therefore, is directly relevant to the United States national interest. Second, increasing international economic interdependence has augmented the role of state trading in international trade by the inducements of economic necessity and efficiency. Third, recent Eastern European trends toward greater private economic autonomy have facilitated trade relations between free market countries and state …
United States Trade Policy Toward Foreign Commodity Markets: A Critique, John V. Rainbolt
United States Trade Policy Toward Foreign Commodity Markets: A Critique, John V. Rainbolt
Northwestern Journal of International Law & Business
New trading instruments and a concommitant increase in volume in United States future markets during the past decade has overshadowed somewhat a parallel market expansion involving foreign commodity exchanges serving an expanded United States and international customer base.
A Method For Analyzing The Effect Of Competition On Restricting Imports, Benjamin I. Cohen
A Method For Analyzing The Effect Of Competition On Restricting Imports, Benjamin I. Cohen
Northwestern Journal of International Law & Business
The President is authorized, pursuant to Section 203 of the Trade Act of 1974, to restrict imports of a commodity when these imports are the principle cause of injury to United States firms producing the same article. In such an "escape clause" proceeding, the President is to take into account, inter alia, "the effect of import relief on consumers... and on competition in the domestic markets for such articles."
United States International Competitiveness And Trade Policies For The 1980s, Dan Quayle
United States International Competitiveness And Trade Policies For The 1980s, Dan Quayle
Northwestern Journal of International Law & Business
A new wave of protectionism is upon us and its undertow, if not the wave itself, constitutes a serious threat to the Western alliance. This "neo-protectionism" differs from familiar past practices relying heavily on higher tariffs; it is more often charactierized by the use of more subtle ploys such as dumping, subsidization, and the erection of difficult marketing requirements for foreign traders.
Appellations Of Origin: The Continuing Controversey, Lori E. Simon
Appellations Of Origin: The Continuing Controversey, Lori E. Simon
Northwestern Journal of International Law & Business
Appellations of origin (appellations d'origine) are geographical denominations that indicate a product's origin, as well as particular distinctive and renowned qualities associated with the location. Because of the singularity of these titles, the disparity in national laws, and the potential for infringement of the rights associated with the names, protection of appeallations of origin continues to be a controversial topic in international trade law. The debate over protection of appellations of origin primarily stems from conflicting national economic interests and divergent fundamental conceptions of the purpose of protecting trade names. It is entangled further by cultural, linguistic, and historical differences …
An Overview Of The Japanese Legal System, Elliott J. Hahn
An Overview Of The Japanese Legal System, Elliott J. Hahn
Northwestern Journal of International Law & Business
Trade between the United States and Japan is growing at such a rapid pace that it is incumbent on those involved in private international law to be well-versed in the Japanese legal system. This Article is inteded to be of service to one weeking an overview of that system. The basic lesson for the reader is that the legal system is that the legal system of Japan differs significantly from that of the United States. This difference arises from disparate views of Americans and Japanese as to the fundamental purpose of a legal system. Upon reflection, it is perhaps not …
The Hague Conference And The Main Issues Of Private International Law For The Eighties, George A.L. Droz, Adair Dyer
The Hague Conference And The Main Issues Of Private International Law For The Eighties, George A.L. Droz, Adair Dyer
Northwestern Journal of International Law & Business
The Hague Conference on Private International Law has attempted, since its revitalization in the 1950, to unify the rules of private international law. The efforts of the Conference have in the past centered around the fields of civil procedure, conflict of laws, the international sale of goods, products liability and international family law. Messrs. Droz and Dyer review the history of the achievements of the Conference in these fields and reflect on the problems and opportunities the Conference will encounter in the 1980"s.