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Articles 1 - 26 of 26
Full-Text Articles in Law
The Draft U.K./U.S. Judgments Convention: A British Viewpoint, P.M. North
The Draft U.K./U.S. Judgments Convention: A British Viewpoint, P.M. North
Northwestern Journal of International Law & Business
The United States and the United Kingdom are presently completing negotiations on an accord that will providefor the reciprocal recognition and enforcement of civil judgments. The negotiations have been the subject of considerable debate, the sharpest criticism being expressed by British exporters who fear that recognition of United States judgments in the United Kingdom will subject them to increased antitrust and products liability claims. Through an analysis of theproposed agreement against the existing statutory and common law rules, Commissioner North addresses these criticisms. He concludes that the additional burden of American judgments on English defendants created by the agreement does …
Alcoa Steamship Co. V. M/V Nordic Regent: Narrowing The Scope Of Inquiry In Forum Non Conveniens, R. George Weitz
Alcoa Steamship Co. V. M/V Nordic Regent: Narrowing The Scope Of Inquiry In Forum Non Conveniens, R. George Weitz
Northwestern Journal of International Law & Business
Increases in the amount and complexity of international trade and changes in jurisdictional rules over the last thirty years have often resulted in American courts serving as forums for suits involving non-residents. Very often these suits are the result of transactions that have occurred abroad and may be governed by foreign law as well. Obvious difficulties confront a party compelled to defend in a foreign court. Problems such as unfamiliarity with the language or legal process, unavailability of witnesses, or expenses incurred in bringing evidence from another country have led foreign defendants to seek dismissal of suits on the grounds …
Suing A Foreign Government Under The United States Antitrust Laws: The Need For Clarification Of The Commercial Activity Exception To The Foreign Sovereign Immunities Act Of 1976, James Hugo Friend
Northwestern Journal of International Law & Business
Increased state involvement in trade and commerce has manifested itself in a variety of ways, including the growth of producer cartels with sovereign states as members, state monopolization of the sale and production of certain products, the nationalization of industry in peacetime and the concomitant growth of public corporations, and the partial or complete ownership by sovereign states of private corporate entities. The widespread participation of governments in activities of an arguably private nature, especially in view of the Foreign Sovereign Immunities Act of 1976, raises a question of growing practical importance: to what extent are the "commercial" activities of …
The Increasing Extraterritorial Impact Of U.S. Laws: A Cause For Concern Amongst Friends Of America, David Lord Hacking
The Increasing Extraterritorial Impact Of U.S. Laws: A Cause For Concern Amongst Friends Of America, David Lord Hacking
Northwestern Journal of International Law & Business
As students of international law know, there has been a long standing dispute between the United Kingdom and the United States over the doctrines of jurisdiction and sovereignty in the practice of international law. In two parts our nations do not quarrel. First, we agree that every nation has the right to exercise jurisdiction over its nationals and over non-nationals within its territory. Second, we agree that every nation has the right to exercise personal jurisdiction over its nationals residing abroad.
Trends In International Business Law: Towards A New Ethnocentricity?, Detlev F. Vagts
Trends In International Business Law: Towards A New Ethnocentricity?, Detlev F. Vagts
Northwestern Journal of International Law & Business
Many legal practitioners and academicians who are sensitive to changes within the area of international business law have sighted signals of a trend toward greater ethnocentricity in the United States. Whether such a trend exists is not an issue that can be disposed of categorically, for the signals must be interpreted in light of the institution in question and the sector of economic activity involved. Moreover, an accurate resolution of the issue requires a comparison of the current signals with those of previous periods. Indeed, the post-Smoot-Hawley Tariff era of the late 1930's and the older mercantilist epoch were periods …
Are Human Rights Good For International Business , Anthony D'Amato
Are Human Rights Good For International Business , Anthony D'Amato
Northwestern Journal of International Law & Business
When I take up the Nuremberg cases in my class in International Law, I find it quite difficult to convey to the students how radical those proceedings appeared to be in 1947. At that time, the contention that there should be individual accountability under international law seemed to constitute an unfounded and dangerous precedent. How could political leaders be made personally responsible for acts of state such as instituting a war (even an "aggressive" war) or engaging in wholly internal policies (the "final solution" against Jews and other minorities of their own citizens)? Indeed, the Nuremberg result seemed somewhat unprincipled …
The Future Of Free Enterprise: Can It Survive Government Interventionism?, Baron Edmond De Rothschild
The Future Of Free Enterprise: Can It Survive Government Interventionism?, Baron Edmond De Rothschild
Northwestern Journal of International Law & Business
Free enterprise is the indispensable prerequisite for personal freedom, which I dare believe is still highly valued by most people. Hence, it is also the only economic system which is compatible with the democratic governments of Europe and America. However, the vitality of free enterprise is being threatened by government interventionism on both sides of the Atlantic. In Europe, this manifests itself in taxation, nationalization, restrictive policies, subsidization, labor laws, and the growth of the public sector. In America, we find much of the same, excepting nationalization. In order to restore vigor to the weakened private sector, we must return …
United States Foreign Trade Policy: A Delicate Balancing Act, Robert S. Strauss
United States Foreign Trade Policy: A Delicate Balancing Act, Robert S. Strauss
Northwestern Journal of International Law & Business
World trade today involves one-sixth of everything that is grown or manufactured on this planet. Translated into dollars, this amounted to a value last year of one trillion dollars. Of this amount, $150 billion belongs to American agriculture and industry. The enormous stake of the United States in maintaining and encouraging the growth of its exports has led the present Administration to chart an enlightened and courageous trade policy of promoting free and fair trade. Rather than take the politically expedient course of protectionism, this Administration has embarked on the course of lowering barriers to fair trade to ensure the …
The Search For A Viable Foreign Economic Policy, Frank Church
The Search For A Viable Foreign Economic Policy, Frank Church
Northwestern Journal of International Law & Business
United States foreign policy is, to a great degree, influenced by the performance of the international economy. This fact was brought home with dramatic force in 1973, when Arab oil-producing countries suddenly quadrupled the price of oil. That abrupt increase in price, followed by the Arab oil embargo, nearly crippled the economies of the industrial nations of the west. The recent political upheaval in Iran and its affect on the world oil supply is only another poignant example of the extent to which the performance of the American economy, which obviously includes our national and multinational business enterprises, is intimately …
New Developments In Law In The People's Republic Of China, Stanley B. Lubman
New Developments In Law In The People's Republic Of China, Stanley B. Lubman
Northwestern Journal of International Law & Business
Recently, Chinese leaders have begun to promote the development of legal standards andformal legal institutions for China. In this article, Mr. Lubman explores the background and current status of the role of law in China and assesses its relationship to China's economic development, domestic politics, and international economic relations. Mr. Lubman suggests that students of Chinese law must create new theoreticalperspectives to study the new developments.
The Law Of Non-Recognition: The Case Of Taiwan, Victor H. Li
The Law Of Non-Recognition: The Case Of Taiwan, Victor H. Li
Northwestern Journal of International Law & Business
The United States and the People's Republic of China established diplomatic relations on January 1, 1979, while official United States ties with Taiwan terminated on the same day. In this article, Professor Li examines two possible American rationales for continued unofficial ties with Taiwan and the possible legal consequences of adopting either rationale.
Is Somebody "Crying Wolf"?: An Assessment Of Whether Antitrust Impedes Export Trade, John Will Ongman
Is Somebody "Crying Wolf"?: An Assessment Of Whether Antitrust Impedes Export Trade, John Will Ongman
Northwestern Journal of International Law & Business
The impact of the United States antitrust laws on American exports has in recent years become a controversial issue, especially in view of the increasing U.S, trade deficit. In this article, Mr. Ongman employs economic analysis to determine the desirability of a protectionistic Sherman Act. He concludes that such a policy, resulting in foreign retaliation and spillover into the domestic market, would be unwise.
The U.N. Law Of The Sea Conference And The U.S. Congress: Will Pending U.S. Unilateral Action On Deep Seabed Mining Destroy Hope For A Treaty?, Paul N. Jr. Mccloskey, Ronald K. Losch
The U.N. Law Of The Sea Conference And The U.S. Congress: Will Pending U.S. Unilateral Action On Deep Seabed Mining Destroy Hope For A Treaty?, Paul N. Jr. Mccloskey, Ronald K. Losch
Northwestern Journal of International Law & Business
The eighth session of the United Nations Law of the Sea Conference convened recently in Geneva, Switzerland. A major unresolved issue at the Conference was the question of international regulation of deep seabed mining. In this article, Representative McCloskey and Attorney Losch discuss U.S. interests in achieving a comprehensive Law of the Sea Treaty, the sometimes conflicting objectives of other nations, and the effect that unilateral action by the U.S. Congress to legislate deep seabed mining could have on the successful completion of a treaty.
The Regulation Of Interstate Bank Branching Under The International Banking Act Of 1978: The Stevenson Compromise, Robert F. Jr. Van Patten
The Regulation Of Interstate Bank Branching Under The International Banking Act Of 1978: The Stevenson Compromise, Robert F. Jr. Van Patten
Northwestern Journal of International Law & Business
In recent years observers have noted a remarkable flow of capital into the United States; foreign investment has almost quadrupled within the last decade. A segment of the economy in which foreign penetration is dramatically evident is the American banking industry. ...It is this deft compromise, developed by Senator Adlai Stevenson which is the focus of this comment. The general history of the international banking legislation and positions supporting and opposing the regulation of interstate branching will be discussed. Thereafter, the elements of the Stevenson compromise will be explained and their efficacy illustrated. Finally, the current and potential effects of …
The Retroactive Application Of The Antidumping Act Of 1921, Thomas E. Johnson
The Retroactive Application Of The Antidumping Act Of 1921, Thomas E. Johnson
Northwestern Journal of International Law & Business
In 1921, the United States Congress enacted the Antidumping Act which provides for the imposition of dumping duties on imports sold to United States merchants at prices below their fair value. The Act permits the assessment of dumping duties retroactively on merchandise imported up to one hundred and twenty days before a complaint of dumping has been filed with the Commissioner of Customs. Mr. Johnson examines the retroactive provisions of the Act and its regulations, the case law surrounding those provisions, and the constitutionality of the provisions. Against this background, he concludes that the retroactive application of the Act, particularly …
Zenith Radio Corp V. United States: The Demise Of Congressionally Mandated Countervailing Duties, Robert Dziubla
Zenith Radio Corp V. United States: The Demise Of Congressionally Mandated Countervailing Duties, Robert Dziubla
Northwestern Journal of International Law & Business
The countervailing duty has long been a favorite tool of the Congress to achieve what it considers to be fair trade between the United States and her trading partners. Countervailing duties are extra duties imposed upon goods that enjoy subsidies, in whatever form, from a foreign government. In Zenith Radio Corp. v. United States, the Supreme Court agreed with the Department of Treasury that a remission by the Government of Japan of a domestic indirect commodity tax upon electronic goods was not a subsidy requiring a countervailing duty. This Note will suggest that the Court's dependence upon the legislative history …
United Brands Company V. Commission Of The European Communities: Window To Price Discrimination Law In The European Economic Community, Margaret H. Fitzpatrick
United Brands Company V. Commission Of The European Communities: Window To Price Discrimination Law In The European Economic Community, Margaret H. Fitzpatrick
Northwestern Journal of International Law & Business
Enterprises operating within the European Economic Community have long faced the difficult task of ascertaining whether they are subject to the price discrimination restrictions of the Treaty of Rome. The difficulty stems from the ambiguity present in the Treaty provisions and is exacerbated by the lack of authoritative interpretation of their restrictions. However, a recent opinion of the European Communities' Court of Justice, United Brands Co. v. Commission of the European Communities, has brought the contours of the price discrimination prohibition into sharper focus.
Reconciling National Interests In The Regulation Of International Business, Stanley J. Marcuss, Dale P. Butland
Reconciling National Interests In The Regulation Of International Business, Stanley J. Marcuss, Dale P. Butland
Northwestern Journal of International Law & Business
In an increasingly integrated world where political and economic issues are deeply intertwined, the regulation of international business activity raises complex problems in international law. The existence of the multinational corporation, which is possessed of multiple identities and therefore subject to the jurisdiction of both "home" nations, where it is headquartered, and "host" nations, where its subsidiaries are located, makes the potentiality of jurisdictional disputes among nations particularly acute. While attempts to apply United States law to American foreign subsidiaries virtually ensures conflicts among jurisdictions, excusing subsidiaries from compliance with domestic law could seriously undermine comprehensive regulatory activity. It could …
European Views Of United States Anti-Bribery And Anti-Boycott Legislation, E. Ernest Goldstein
European Views Of United States Anti-Bribery And Anti-Boycott Legislation, E. Ernest Goldstein
Northwestern Journal of International Law & Business
Today, the United States Congress has made an attempt to legislate against corrupt practices and to encourage other countries to do the same. During the past year, I have had the opportunity to meet with numerous European groups in conferences, seminars, conventions, and one-day study sessions to discuss the most recent American legislation dealing with immoral business practices: the Foreign Corrupt Practices Act and the anti-boycott legislation within the Export Administration Amendments of 1977. This perspective is not intended to reproduce the remarks made on such occasions to European businessmen and lawyers, nor is it a scientific survey of European …
German Merger Control: A European Approach To Anticompetitive Takeovers, Rolf Belke, W. David Braun
German Merger Control: A European Approach To Anticompetitive Takeovers, Rolf Belke, W. David Braun
Northwestern Journal of International Law & Business
European free-market countries recently have begun to enact more laws regulating mergers and joint-ventures, with Germany at the forefront. In this article, Messrs. Belke and Braun intensively analyze the German merger control law, including the criteria that necessitate a report to the German Cartel Office, its application of the substantive merger control rules, and possible exceptions to an anti-merger ruling. They also explore the impact of the German law on international mergers and joint-ventures. Finally, they discuss in detail the first two German Supreme Court decisions that construed the substantive rules and contrast them with similar American cases.
The Value Of Territorial And Field-Of-Use Restrictions In The International Licensing Of Unpatented Know-How: An Empirical Study, Joel A. Bleeke, James A. Rahl
The Value Of Territorial And Field-Of-Use Restrictions In The International Licensing Of Unpatented Know-How: An Empirical Study, Joel A. Bleeke, James A. Rahl
Northwestern Journal of International Law & Business
Data concerning the international transfer of technology, particularly in the area of unpatented know-how, are relatively scarce. In this article, Mr. Bleeke and Professor Rahl present the results of one of the first empirical studies conducted in this field. The study, in which signifcant information was gathered from United States corporate licensing attorneys and executives, is focused upon the extent to which territorial and field-of-use restrictions are necessary to facilitate the international transfer of unpatented know-how. The results provide a clearer picturefor both policy makers and practitioners in the field.
United States Ocean Shipping: The History, Development, And Decline Of The Conference Antitrust Exemption, F. Conger Fawcett, David C. Nolan
United States Ocean Shipping: The History, Development, And Decline Of The Conference Antitrust Exemption, F. Conger Fawcett, David C. Nolan
Northwestern Journal of International Law & Business
Since the beginning of this century, the United States has attempted to regulate the shipping industry through governmental oversight. In this article, Messrs. Fawcett and Nolan examine the Shiping Act of 1916, and consider whether it has been misinterpreted by recent judicial interpretations. The authors conclude that the courts' application of United States antitrust laws to the activities of shipping conferences is contrary to congressional intent and the best interests of the industry and American commerce.
Nuclear Waste Disposal: An International Legal Perspective, Leonard S. Spector, Geoffrey B. Shields
Nuclear Waste Disposal: An International Legal Perspective, Leonard S. Spector, Geoffrey B. Shields
Northwestern Journal of International Law & Business
As the world contends with an energy shortage, the development of alternative sources of energy has become a critical problem. Nuclear power is both an obvious and controversial alternative to traditional fossil fuels. Associated with the use of nuclear power is the important question of nuclear waste disposal. In this article, Messrs. Shields and Spector discuss the nuclear fuel cycle, bring together a survey of how countries around the world are dealing with the question of nuclear waste disposal both domestically and on an international level, and make suggestions for a more aggressive international regulation of nuclear waste disposal.
China's Changing Constitution , Jerome Alan Cohen
China's Changing Constitution , Jerome Alan Cohen
Northwestern Journal of International Law & Business
In 1978, the People's Republic of China promulgated its third constitution since the communist revolution. In many respects, the new constitution reflects the attitudes andpolicies of Peking's current leadershp. In this article, Professor Cohen analyzes the changes wrought by the new constitution in property relations, restraints on executive power, and the protection of individual liberties by comparing it with its predecessors.
Changes In Presidential Powers Over The Awarding Of International Air Routes: Effects And Implications Of Section 801(A) Of The Airline Deregulation Act Of 1978, Jeffrey I. Langer
Changes In Presidential Powers Over The Awarding Of International Air Routes: Effects And Implications Of Section 801(A) Of The Airline Deregulation Act Of 1978, Jeffrey I. Langer
Northwestern Journal of International Law & Business
Congress amended the international air route-awarding procedures established in earlier legislation when it enacted section 801(a) of the Airline Deregulation Act of 1978. Changes in the procedures were necessary for two reasons. First, the original route-licensing scheme was designed by Congress to balance presidential discretion concerning defense and foreign policy with congressional authority over foreign commerce. However, by precluding judicial review of challenges by foreign air carriers, Congress thwarted its own intent and established the President as the final authority in awarding routes to such carriers. Secondly, by also precluding review of certain challenges by citizen carriers, the courts destroyed …
The Effects Of United States Antitrust Laws On The International Operations Of American Firms, Melvin Schwechter, Richard Schepard
The Effects Of United States Antitrust Laws On The International Operations Of American Firms, Melvin Schwechter, Richard Schepard
Northwestern Journal of International Law & Business
United States antitrust laws increasingly have affected the international activities of U.S. corporations. The business community maintains that these laws have hurt international operations. In this article, Messrs. Schwechter and Schepard consider five major areas of concern to American businessmen: potential antitrust attacks upon licensing agreements, use of the foreign sovereign compulsion doctrine as an antitrust defense, subject matter jurisdiction and discovery, application of the "rule of reason" to international joint ventures, and the multifaceted nature of antitrust enforcement. They then discuss the Justice Department's response to the business community and propose several recommendations that should help United States firms …