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- International trade (5)
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- Electronic commerce (3)
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- Labor law (2)
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- Bank secrecy; blocking laws; comity (1)
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- European Community; Music industry; antitrust (1)
- European Community; Sexual harrassment; Recommendation on the Protection of the Dignity of Women and Men at Work (1)
- Export Trading Company Act (1)
- Fishing (1)
- Foreign investment (1)
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- International commerce (1)
- LDCs (1)
- Labor law; Successorship; Canada; Collective bargaining agreement (1)
- Law of the sea (1)
- Law reform (1)
- North American Free Trade Agreement; NAFTA; Mexico (1)
- Proprietary technology (1)
- Remote imaging (1)
- Satellite technology (1)
Articles 1 - 21 of 21
Full-Text Articles in Law
Thailand's Labor And Employment Law: Balancing The Demands Of A Newly Industrializing State, W. Gary Vause, Nikom Chandravithun
Thailand's Labor And Employment Law: Balancing The Demands Of A Newly Industrializing State, W. Gary Vause, Nikom Chandravithun
Northwestern Journal of International Law & Business
This article provides a comparative overview of Thailand's labor law, one of the principal considerations for prospective investors. The legal system is analyzed from the perspective of a U.S. investor; to provide a familiar frame of reference, comparisons are made throughout the analysis to labor law in the United States. Observations also are offered on the important extra-legal aspects of employment in Thailand, such as the implications of Thai culture for the employer-employee relationship.
Working On Dignity: Ec Initiatives On Sexual Harrassment In The Workplace, Victoria A. Carter
Working On Dignity: Ec Initiatives On Sexual Harrassment In The Workplace, Victoria A. Carter
Northwestern Journal of International Law & Business
This article argues that the [European] Commission should propose legally binding legislation to guarantee all workers, both women and men, protection against sexual harassment in Community workplaces. Section I describes the nature of sexual harassment, the problems it poses in the EC, and the effects of sexual harassment on people and businesses. Section II reviews existing Member State legislation and labor union policies and identifies the inadequacy of these measures to protect EC workers from sexual harassment. Section III describes existing EC legislation on sexual harassment and the equal treatment of women and men in the workplace and identifies the …
Future Of Fishery Management And Its Impact On The Seafood Industry: A Comparison Of United States And Canadian Fishery Management Policies After Unclos Iii, Ferdinand J. Iii Gallo
Future Of Fishery Management And Its Impact On The Seafood Industry: A Comparison Of United States And Canadian Fishery Management Policies After Unclos Iii, Ferdinand J. Iii Gallo
Northwestern Journal of International Law & Business
The United States and Canadian fishery management regimes each professes to fulfill the goals of conservation enumerated under the United Nations Convention on the Law of the Sea of 1982 (UNCLOS III). These goals include conservation of scarce fish stocks and "optimum utilization" of those limited resources. The Canadian regime of centralized authority, informality and flexibility, however, actually comes closest to fulfilling these goals. While the United States may adopt some of the key elements of the Canadian regime, several barriers exist to such reforms.Another method for reconciling the differences between U.S. and Canadian policies would include the implementation of …
Defining International Electronic Commerce, Jeffrey B. Ritter
Defining International Electronic Commerce, Jeffrey B. Ritter
Northwestern Journal of International Law & Business
Electronic commerce has become a practical reality for thousands of businesses throughout the world. By combining the functional capabilities of computers and telecommunication systems, companies can now exchange information electronically rather than sending and receiving paper documents. In so doing, businesses are achieving remarkable and unparalleled improvements in the accuracy, speed and efficiency with which commercial transactions may be negotiated, confirmed and performed. By eliminating reliance upon paper as the medium through which commerce occurs, new and radically different approaches are emerging regarding how commercial relationships are defined and maintained. Used for international business transactions, the technologies of electronic commerce …
Compulsion Over Comity: The United States' Assault On Foreign Bank Secrecy, C. Todd Jones
Compulsion Over Comity: The United States' Assault On Foreign Bank Secrecy, C. Todd Jones
Northwestern Journal of International Law & Business
Because of their physical proximities and tory secrecy laws, many nations have become bank secrecy havens, providing financial services and anonymity to people and business enterprises, both legitimate and illegitimate. In response, U.S. courts have systematically circumvented almost any challenge to the authority of our prosecutors and judicial procedures presented by nations that respect and uphold financial privacy. Unfortunately, efforts by other branches of the United States government to ease the friction created by the courts have proved to be only moderately effective and remain essentially unrecognized by the judiciary.
The Impact Of Eec Competition Law On The Music Industry, Frank L. Fine
The Impact Of Eec Competition Law On The Music Industry, Frank L. Fine
Northwestern Journal of International Law & Business
The purpose of this article is to examine the relevance of EEC competition law (or antitrust law as it is known in the United States) to the music industry. EEC antitrust cases concerning other media, such as satellite broadcasting, are discussed to the extent that they are relevant. It will be shown that EEC antitrust law has a pervasive effect on the music industry and will play an important role as the industry exploits the EEC market.
The North American Free Trade Agreement: In Whose Best Interest?
The North American Free Trade Agreement: In Whose Best Interest?
Northwestern Journal of International Law & Business
On October 17, 1991, the Journal of International Law & Business hosted a round table discussion on the implications and impact of the proposed North American Free Trade Agreement. This discussion focused on the implications of free trade between the United States and Mexico. Five panelists from a variety of Chicago institutions and organizations discussed their personal and institutional perspectives regarding the proposed Agreement.
Potential Liability Of New Employers To Pre-Existing Collective Bargaining Agreements And Pre-Existing Unions: A Comparison Of Labor Law Successorship Doctrines In The United States And Canada, Phillip M. Schreiber
Potential Liability Of New Employers To Pre-Existing Collective Bargaining Agreements And Pre-Existing Unions: A Comparison Of Labor Law Successorship Doctrines In The United States And Canada, Phillip M. Schreiber
Northwestern Journal of International Law & Business
Successorship questions arise in many areas of corporate law when one business entity takes over another business entity. In labor law, successorship issues can arise whenever one business entity takes over another business entity which has employees that are collectively organized. Similar successorship issues in labor law exist in both the United States and Canada. However, both the determination of successor status and the consequences of this determination differ in the United States and Canada. In addition, differences exist within the various Canadian provinces and federal territories. This comment will explore and analyze these differences.
How Does Europe Regulate Powers Within Its Corporations? What Might The Answer Mean For The U.S.? An Essay And Review Of European Company Laws: A Comparative Approach, Donald C. Jr. Dowling
How Does Europe Regulate Powers Within Its Corporations? What Might The Answer Mean For The U.S.? An Essay And Review Of European Company Laws: A Comparative Approach, Donald C. Jr. Dowling
Northwestern Journal of International Law & Business
European Company Laws: A Comparative Approach is a compilation of ten essays by various authors on the jurisprudence of corporate control within Europe. The book focuses on the company laws within the various member states, somewhat to the exclusion of the emerging EC-level corporate laws. Yet while European Company Laws concerns itself with member states' internal company laws, the book's goal is much loftier than merely compiling the European states' corporate statutes into some sort of practitioners' guide. Rather, European Company Laws attempts to divine jurisprudential truths about the regulation of power within the European company by examining the European …
Introduction Symposium: Current Issues In Electronic Data Interchange
Introduction Symposium: Current Issues In Electronic Data Interchange
Northwestern Journal of International Law & Business
N/A
Electronic Data Interchange Agreements: Private Contracting Toward A Global Environment, Amelia H. Boss
Electronic Data Interchange Agreements: Private Contracting Toward A Global Environment, Amelia H. Boss
Northwestern Journal of International Law & Business
With the growth in the use of electronic communications technologies to communicate important business and trade information, the size of the earth, although it may remain at the present 7,900 miles in diameter, is rapidly shrinking. In a matter of seconds, commercial trade data can be exchanged between parties thousands of miles apart, leading to the establishment of new business relationships. In the emerging new global economy, data, information, goods, and services are being exchanged internationally. No longer are parties to a commercial transaction bound by artificial national boundaries with their accompanying sets of domestic legal rules. Over the past …
Telecommunications Regulatory Implications For International Edi Transactions, Aileen A. Pisciotta, James H. Barker
Telecommunications Regulatory Implications For International Edi Transactions, Aileen A. Pisciotta, James H. Barker
Northwestern Journal of International Law & Business
This article provides a general introduction to various telecommunications regulatory issues that should be included in the "calculus" of domestic and international EDI transactions. Part II places EDI generally within the broader context of telecommunications "value added" services, introducing the operational relationship between EDI and telecommunications networks, and the manner in which EDI services may be influenced by global telecommunications regulatory schemes. Particular emphasis is placed upon the United States as a "case study," in order to provide a familiar baseline from which to touch upon broader issues attending the international provision of EDI and other value added services.
European Harmonization Of Data Protection Laws Threatens U.S. Participation In Trans Border Data Flow, George B. Trubow
European Harmonization Of Data Protection Laws Threatens U.S. Participation In Trans Border Data Flow, George B. Trubow
Northwestern Journal of International Law & Business
We are in the midst of "Europe '92," the year when the European Community (EC) is to take on new shape and substance as it seeks transformation to economic and political strategies intended to enhance its position in international trade and commerce. With respect to matters of information processing and transborder data flow, the Council of Europe has prepared a draft directive concerning privacy and security regarding personal information (Privacy Directive). That draft, under consideration by the member states, is of great importance to the rest of the world since it contemplates that EC members will not exchange information with …
Visas For Sale: A Comparison Of The U.S. Investor Provision With The Australian Business Migration Program, Catherine R. Giella
Visas For Sale: A Comparison Of The U.S. Investor Provision With The Australian Business Migration Program, Catherine R. Giella
Northwestern Journal of International Law & Business
This paper is an attempt to evaluate the United States' new investor program based on a comparison with Australia's failed system. The thesis of this paper is that in order for an investor program to be successful, the program must strike a careful balance between meeting the needs of the immigrant investors and those of the welcoming country and its citizens. The analysis proceeds by briefly looking at the history of immigration in both countries and then focusing on what the interests of the investors and the country are in initiating and taking advantage of such a program.
Jurisdiction And The Court Of International Trade: Remarks Of The Honorable Gregory W. Carman At The Conference On International Business Practice Presented By The Center For Dispute Resolution On February 27-28, 1992, Gregory W. Carman
Northwestern Journal of International Law & Business
The United States and the other countries of the world will continue to develop rules and laws governing their relationships in international commercial matters as the years ensue. As part of that agenda, lawyers and members of the international trading community should be familiar with the dispute resolution provisions of the United States Court of International Trade and some of the procedural and substantive problems of the Court. The Court's function is to judicially review disputes under the customs and trade laws of the United States.
Critical Analysis Of Judicial Attempts To Reconcile The United States-Japan Friendship, Commerce And Navigation Treaty With Title Vii, A , Jeffrey J. Mayer
Critical Analysis Of Judicial Attempts To Reconcile The United States-Japan Friendship, Commerce And Navigation Treaty With Title Vii, A , Jeffrey J. Mayer
Northwestern Journal of International Law & Business
This paper offers a practical solution to the conflict between civil rights and economic growth through a new, but sensible, interpretation of the "right to choose" provision. Part I explains the conflicting rulings of the five Courts of Appeals that have addressed this issue. Part II concludes that the courts' various reconciliations between Title VII and the Japan FCN Treaty are, in each case, impossible to apply consistently or fairly. Courts have wrongly attempted to preserve the protections of Title VII for American employees of foreign corporations by asking factfinders to draw impossibly fine distinctions between permissible and prohibited criteria …
Impractibility, Mutual Mistake And Related Contractual Bases For Equitably Adjusting The External Debt Of Sub-Saharan Africa, Jon H. Sylvester
Impractibility, Mutual Mistake And Related Contractual Bases For Equitably Adjusting The External Debt Of Sub-Saharan Africa, Jon H. Sylvester
Northwestern Journal of International Law & Business
At the end of 1988, the combined external indebtedness of the third world' (referred to below as less developed countries or "LDCs") was estimated at nearly $1.3 trillion.2 In the same year, the United Nations agency United Nations International Childrens' Emergency Fund ("UNICEF") attributed the deaths of 650,000 children in LDCs to re-duction in basic living standards caused by diversion of resources to servicing external debt.3 Some experts say prospects for solving this huge and growing problem are actually growing worse due to "debt fatigue."
Proprietary Aspects Of Commercial Remote-Sensing Imagery, Patrick A. Salin
Proprietary Aspects Of Commercial Remote-Sensing Imagery, Patrick A. Salin
Northwestern Journal of International Law & Business
This remote-sensing imagery copyright issue will be addressed in two parts: First, the specific aspects of remote-sensing imagery will be assessed in terms of international protection as compared to other space activities having a literary or intellectual content, with a direct and immediate commercial impact. Second, the specific copyright provisions of several bilateral agreements will be scrutinized in a comparative approach and the merits of each of them will be assessed against those of the others. The terms "pictures" and "signals" will be used indistinc- tively in order to identify the same physical elements, i.e. the bits or information elements …
Does The Government Really Help Small Business Exporters--An Analysis Of Pre-Export Financing Programs Under The Small Business Expansion Act Of 1980 And The Export Trading Company Act Of 1982, Toni P. Lester
Northwestern Journal of International Law & Business
This paper will attempt to address these questions by examining the legislation and subsequent regulations that lead to the establishment of the SBA and Eximbank guarantee programs. First, there will be a brief discussion of the types of financing needed by small-business exporters and the problems they face when they try to get financing. The 1980's legislation, which attempted to redress some of those problems, as well as the regulations and guidelines that were adopted by the SBA and Eximbank to implement that legislation, will then be covered. Finally, based on an evaluation of the above regulations and guidelines, measures …
Turkey, The Eec And Labor Law: Is Harmonization Possible, Jon Viner
Turkey, The Eec And Labor Law: Is Harmonization Possible, Jon Viner
Northwestern Journal of International Law & Business
In 1987, after more than twenty years of economic association with the EC,' Turkey applied for full membership in the Community. When Turkey is admitted into the EC,9 its entry will be conditioned on the harmonization of its laws with those of the EC.10 The object of this paper is to examine the feasibility of Turkey accomplishing this task.
Legal Acceptance Of Electronic Documents, Writings, Signatures, And Notices In International Transportation Coventions: A Challenge In The Age Of Global Electronic Commerce, Judith Y. Gliniecki, Ceda G. Ogada
Legal Acceptance Of Electronic Documents, Writings, Signatures, And Notices In International Transportation Coventions: A Challenge In The Age Of Global Electronic Commerce, Judith Y. Gliniecki, Ceda G. Ogada
Northwestern Journal of International Law & Business
This paper surveys a number of international transportation conventions with respect to their treatment of electronic means as acceptable methods of generating documents. In addition, this paper looks at the methods of satisfying the applicable formalities of writing, signature, and notice.