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Articles 1 - 15 of 15
Full-Text Articles in Law
Books Received
Northwestern Journal of International Law & Business
No abstract provided.
Book Review: Environment And Resource Policies For The World Economy. By Richard N. Cooper. Washington, The Brookings Institute, 1994., 15 Nw. J. Int'l L. & Bus. 698 (1994-1995), Steve Charnovitz
Northwestern Journal of International Law & Business
In 1992, the Brookings Institution commenced a major project on "Integrating National Economies" to examine the problems which can ensue from economic globalization in a world of sovereign nation-states. The fruit of this project is a 22-volume series. The book reviewed here is the environmental volume in that series. It is written by Richard N. Cooper, then a professor of international economics at Harvard, and now on leave as the chairman of the U.S. National Intelligence Council. He is a leading scholar of international cooperation.
Latin American Debt Obligations In The 1990s: Risk Strategies: Remedies And Judicial Enforcement, Lee C. Buchheit, Emilio Cardenas, Antonio Mendes, Thomas Heather
Latin American Debt Obligations In The 1990s: Risk Strategies: Remedies And Judicial Enforcement, Lee C. Buchheit, Emilio Cardenas, Antonio Mendes, Thomas Heather
Northwestern Journal of International Law & Business
This is a discussion of debt obligations in Latin America and how the symposium panelists would have advised there clients.
Enforcing U.S. Judgments In Canada: "Things Are Looking Up!", Ivan F. Ivankovich
Enforcing U.S. Judgments In Canada: "Things Are Looking Up!", Ivan F. Ivankovich
Northwestern Journal of International Law & Business
Four years have now elapsed since the landmark decision in Morguard Investments Ltd. v. De Savoye,1 a case most recently described as "the most important decision on the conflict of laws ever rendered by the Supreme Court of Canada."2 The domestic impact of Morguard has been truly profound. It has been used by some courts to broaden the common law grounds for the recognition and enforcement of Canadian extraprovincial judgments3 and by others to mandate such recognition via the existence of an implicit "full faith and credit" doctrine in the Canadian Constitution. The result is that many more intra-Canadian judgments …
Reining In The Foreign Trade Zones Board: Making Foreign Trade Zone Decisions Reflect The Legislative Intent Of The Foreign Trade Zones Act Of 1934, William G. Kanellis
Reining In The Foreign Trade Zones Board: Making Foreign Trade Zone Decisions Reflect The Legislative Intent Of The Foreign Trade Zones Act Of 1934, William G. Kanellis
Northwestern Journal of International Law & Business
The Foreign Trade Zone is an area inside United States territory which, for customs purposes, is considered outside of United States Customs territory. Various monetary and administrative benefits accrue to those who are allowed to operate within a foreign trade zone. Foreign Trade Zones were created in 1934 by the Foreign Trade Zones Act' to improve the domestic economy and stimulate foreign commerce. The Foreign Trade Zones Act also created the Foreign Trade Zones Board. The Board is charged with the responsibility of setting up regulations surrounding Foreign Trade Zone creation and use. The relevance and prevalence of Foreign Trade …
Chapter 19 Of The United States-Canada Free Trade Agreement 1989-95: A Check On Administered Protection?, John M. Mercury
Chapter 19 Of The United States-Canada Free Trade Agreement 1989-95: A Check On Administered Protection?, John M. Mercury
Northwestern Journal of International Law & Business
The United States-Canada Free Trade Agreement1 expressed the mutual desire of Canadian and American exporters to secure permanent access to the other country's market. Of particular concern to Canada during the FTA negotiations was the perceived need to reduce the impact of such non-tariff barriers to trade as American antidumping (AD) and countervailing duty (CVD) laws. It was recognized that eliminating tariff levels under the FTA would only nominally benefit Canadian exporters if American non-tariff barriers were allowed to retain their existing status. Chapter 19 of the FTA was created to address this Canadian concern.
A Convention On Biological Diversity--An Efficient Framework For The Preservation Of Life On Earth?, Daniel T. Jenks
A Convention On Biological Diversity--An Efficient Framework For The Preservation Of Life On Earth?, Daniel T. Jenks
Northwestern Journal of International Law & Business
On June 5, 1992, the Convention on Biological Diversity was introduced for signature at the so-called "Earth Summit" in Rio de Janeiro. The Convention was one of four international agreements proposed at the Earth Summit. The Convention's explicit objectives are to conserve the Earth's biological diversity (or "biodiversity") for future generations, to exploit this biodiversity in a sustainable way and to share the benefits of biodiversity in a fair and equitable manner. Biological diversity is defined as "the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which …
Jumpstarting Apec In The Race To "Open Regionalism:" A Proposal For The Multilateral Adoption Of Uncitral's Model Law On International Commercial Arbitration, Melissa Gerardi
Northwestern Journal of International Law & Business
This Comment will demonstrate that although the APEC member nations are divided between two contrasting approaches to the future development of APEC, the "Western" and "Asian" approaches respectively, they nonetheless share a dynamic Asia-Pacific economy which offers the incentive for economic cooperation in the area. Although such dynamic economic growth has been led primarily by the acts of the private sector, such economic performance would not have been possible without the facilitating role of the APEC governments.' In accordance with the goal to achieve "open regionalism" by the year 2020, this Comment proposes that the APEC members adopt the United …
Preface: Latin American Debt In The 1990s: A New Scenario For Creditors And Debtors, Lee C. Buchheit, Ralph Reisner
Preface: Latin American Debt In The 1990s: A New Scenario For Creditors And Debtors, Lee C. Buchheit, Ralph Reisner
Northwestern Journal of International Law & Business
This short preface introduces the purpose of the symposium and introduces each of the articles tat will follow.
Cross-Border Lending: What's Different This Time, Lee C. Buchheit
Cross-Border Lending: What's Different This Time, Lee C. Buchheit
Northwestern Journal of International Law & Business
This article is based upon the author's lecture entitled "The Next Wave of Cross-Border Lending" delivered in connection with the Meredith Lectures at McGill University in April 1994.* The subject of that lecture, and of this article, is how cross-border lending to less developed countries (LDCs) in the 1990s differs from the last major period of such lending in the late 1970s. It is surely a testament to the accelerated obsolescence of modem financial commentary that the author's April 1994 lecture - delivered in the middle of a boom in cross-border lending - has already been followed by a bust …
Brief Incursion Into Bankruptcy And The Enforcement Of Creditor's Rights In Brazil, Antonio Mendes
Brief Incursion Into Bankruptcy And The Enforcement Of Creditor's Rights In Brazil, Antonio Mendes
Northwestern Journal of International Law & Business
This article is an overview of bankruptcy law and concerns in Brazil, as well as a exploration of what rights creditors have in bankruptcy.
Towards A Sovereign Debt Work-Out System;, Rory Macmillan
Towards A Sovereign Debt Work-Out System;, Rory Macmillan
Northwestern Journal of International Law & Business
In a future sovereign debt crisis, debt restructurings are inevitable simply because there is no alternative. Private lending becomes simply unavailable. The commercial banks were asked to lend to Mexico in early 1995 as part of the U.S. Government rescue plan, but the money never materialized.3 The banks' experience of involuntary lending during the 1980s debt crisis was so unpleasant that they are unlikely to increase exposure to a troubled debtor in a crisis today. Other sources of finance are no more likely to yield support. Mexico was unable to return to the capital markets until six months after the …
Restructuring Strategies For Mexican Eurobond Debt, Duncan N. Darrow, Peter V. Darrow, Douglas A. Doetsch, Miguel Jauregui-Rojas
Restructuring Strategies For Mexican Eurobond Debt, Duncan N. Darrow, Peter V. Darrow, Douglas A. Doetsch, Miguel Jauregui-Rojas
Northwestern Journal of International Law & Business
Unless the international capital markets become widely receptive to refinancing Mexican Eurobonds, by early to mid 1996, the holders of these Eurobonds - Mexico's new "bondholder constituency" - may find themselves at the center of a restructuring process encompassing a significant portion of the $13 billion of Eurobond debt outstanding. This article discusses strategies for restructuring.
Dispute Recognition And Dispute Settlement In Integration Processes: The Comesa Experience, P. Kenneth Kiplagat
Dispute Recognition And Dispute Settlement In Integration Processes: The Comesa Experience, P. Kenneth Kiplagat
Northwestern Journal of International Law & Business
This article examines the theoretical and practical issues relating to the resolution of trade disputes within regional integration arrangements in developing countries in general, and within the Common Market for Eastern and Southern Africa (COMESA) in particular. This examination will focus mainly on the institutions that exist for the resolution of trade disputes and at whose initiative they can be set in motion. A further examination will deal with what body of laws the various dispute resolution institutions regard as supreme and the remedies that are available. Because of the relative frailty of regional institutions in the developing world coupled …
Mexico's Banks After The December 1994 Devaluation--A Chronology Of The Government's Response, Roy A. Karaoglan, Mike Lubrano
Mexico's Banks After The December 1994 Devaluation--A Chronology Of The Government's Response, Roy A. Karaoglan, Mike Lubrano
Northwestern Journal of International Law & Business
The immediate effects of the December 1994 peso devaluation and the period of high interest rates and economic recession that followed had important repercussions for the Mexican banking and financial system. Since the onset of the crisis, the Mexican government has undertaken a number of important actions designed to assure adequate capitalization of financial institutions and continued public confidence in the banking system. The goal throughout has been to avoid a banking crisis that would exacerbate the contraction in the real economy and to set the stage for a recovery of the financial system based on sound institutions and efficient …