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Articles 61 - 78 of 78
Full-Text Articles in Law
Taiwan's Fair Trade Act: Achieving The Right Balance Symposium On Competition Law And Policy In Developing Countries, Pijan Wu, Caroline Thomas
Taiwan's Fair Trade Act: Achieving The Right Balance Symposium On Competition Law And Policy In Developing Countries, Pijan Wu, Caroline Thomas
Northwestern Journal of International Law & Business
Adopting competition laws is part-and-parcel of a global trend. Indeed, it is striking to see how many countries first implemented competition laws within the last twenty-five years. In 2000, Frederic Jenny commented that "today between 80 and 100 countries have a competition law or are in the process of adopting one whereas ten years ago no more than 50 countries had such a law." This compares to less than ten countries in 1960. Promulgated by a Presidential Order on February 4, 1991 and coming into force one year thereafter, Taiwan's Fair Trade Act ("FTA") must be interpreted in this context. …
Development Of Competition Law In Vietnam In The Face Of Economic Reforms And Global Integration, The Symposium On Competition Law And Policy In Developing Countries, Alice Pham
Northwestern Journal of International Law & Business
This article examines the development of a competition regime in Vietnam, with all of the existing difficulties and problems. In the context of this socialist country, we examine the economic reform and integration process and the challenges of liberalization and globalization. Finally, we provide some thoughts for the future. Specifically, Section II addresses the emergence of Vietnam's competition law since the 1980's. Section III describes some of the key legal provisions of the Competition Law of Vietnam. Section IV evaluates the current challenges in the implementation of the Vietnam competition regime, while Section V proposes some recommendations.
Political Economy Of Competition Law: The Case Of Thailand, The Symposium On Competition Law And Policy In Developing Countries, Deunden Nikomborirak
Political Economy Of Competition Law: The Case Of Thailand, The Symposium On Competition Law And Policy In Developing Countries, Deunden Nikomborirak
Northwestern Journal of International Law & Business
This paper will address the political economy of competition law in Thailand. Section II will provide a historical perspective of Thai Competition Law. Section III will show what went wrong with the law's implementation since its promulgation in 1999. Section IV will assess the implications of the lack of competition law enforcement on business conduct and the establishment of a competition regime in Thailand. Section V will summarize major lessons learned in the Thai case that may be relevant to other developing countries considering adopting such a law or facing difficulties in its implementation. Finally, Section VI will draw conclusions …
Competition Policy And Practice In South Africa: Promoting Competition For Development Symposium On Competition Law And Policy In Developing Countries , Trudi Hartzenberg
Competition Policy And Practice In South Africa: Promoting Competition For Development Symposium On Competition Law And Policy In Developing Countries , Trudi Hartzenberg
Northwestern Journal of International Law & Business
South Africa's new competition policy and law were drafted during the early years of South Africa's new democracy, a period characterized by important domestic policy and regulatory reform. These reforms were not only part of the comprehensive program for the country's economic, social, and political transformation, but also its integration into the global economy after decades of isolation under the apartheid regime. In the case of competition policy, however, concerns about specific development challenges entrenched by the previous era of political and economic control, had to be explicitly reflected in the new South Africa's law and policy. It was clear …
Defragmenting World Trade, Sungjoon Cho
Defragmenting World Trade, Sungjoon Cho
Northwestern Journal of International Law & Business
The global trading community is in a state of deep crisis. Its main system, multilateralism, has recently been clogged by viscous trade barriers created by a proliferation of bilateral, regional trading blocs. Globalization offers a worldwide "production value chain" which enables even small economies to take part in the global commerce by offering raw materials or labor. In fact, small economies hold a comparative advantage at certain stages of the international manufacturing process.1 However, the current pattern of regional trading blocs militates against such participation by erecting new barriers against non-members and thus compartmentalizing the global market.2 This is not …
The Hague Convention On Choice Of Court Agreements: The United States Joins The Judgment Enforcement Band, Matthew H. Adler, Michele Crimaldi Zarychta
The Hague Convention On Choice Of Court Agreements: The United States Joins The Judgment Enforcement Band, Matthew H. Adler, Michele Crimaldi Zarychta
Northwestern Journal of International Law & Business
In 2005, the United States signed a treaty that, if ratified, would be the United States' first-ever international agreement on judgment enforcement. The treaty provides that (a) where two commercial parties elect to resolve disputes between them in a particular forum, and (b) a judgment issues from that forum, then (c) all member states must enforce the judgment. It is a document driven by party autonomy; absent a choice of court agreement (in U.S. parlance, a choice of forum clause), the treaty has no meaning or applicability. The treaty's signing was the end of a rigorous journey. The United States …
Islamic Principles Governing International Trade Financing Instruments: A Study Of The Morabaha In English Law, Jason C. T. Chuah
Islamic Principles Governing International Trade Financing Instruments: A Study Of The Morabaha In English Law, Jason C. T. Chuah
Northwestern Journal of International Law & Business
The past years have seen a clear and incontrovertible rise in the use of international financial and commercial instruments expressed to be governed by Islamic principles. Banks and other commercial entities in Islamic and non-Islamic countries are increasingly aware of the commercial need to offer services which are specifically tailored to meet this sector of the international market. Disputes over the interpretation and application of such instruments invariably arise. English courts are not insulated from such disputes, given that the City of London is at the forefront of many international commercial and financial dealings. As a matter of law, the …
Brazil's Recent Threat On Abbott's Patent: Resolution Or Retaliation, Jennifer Bjornberg
Brazil's Recent Threat On Abbott's Patent: Resolution Or Retaliation, Jennifer Bjornberg
Northwestern Journal of International Law & Business
In June 2005, Brazil threatened to infringe the patent of an anti-AIDS medication, Kaletra, patented and produced by a U.S. based pharmaceutical company, Abbott Laboratories. The resulting controversy necessarily implicated the World Trade Organization's Agreement on Trade Related Aspects of Intellectual Property ("TRIPS Agreement") as Brazil was a Member Nation under the agreement and Abbott's product was protected under that agreement. Ultimately, the threat came to a voluntary resolution between both parties, but the dispute raised a number of unique questions relating to international trade and public health concerns. This article will discuss the recent controversy between Abbott and Brazil …
Falling Short Of The Mark: The United States Response To The European Union's Data Privacy Directive, Morey Elizabeth Barnes
Falling Short Of The Mark: The United States Response To The European Union's Data Privacy Directive, Morey Elizabeth Barnes
Northwestern Journal of International Law & Business
In the spring and summer of 2005, the headlines of America's major newspapers provided a constant reminder of an issue about which Americans have grown increasingly worried: data security. Rather than publicizing the war in Iraq or the buzz over potential Supreme Court nominees, these headlines warned: "Info theft slams chain: 1.4 million card numbers stolen;" "Poll Says Identity Theft Concerns Rose After High-Profile Breaches;" "Data Security Breaches Alarm Consumers." In the previous few months, a series of high-profile companies such as Bank of America, Reed Elsevier Group's LexisNexis, PayMaxx, Choice Point, and SAIC had announced that millions of records …
Foreword: A Golden Age Of White-Collar Criminal Prosecution, Russell J. Chibe
Foreword: A Golden Age Of White-Collar Criminal Prosecution, Russell J. Chibe
Journal of Criminal Law and Criminology
No abstract provided.
Preindictment Prosecutorial Conduct In The Federal System Revisited, James F. Holderman, Charles B. Redfern
Preindictment Prosecutorial Conduct In The Federal System Revisited, James F. Holderman, Charles B. Redfern
Journal of Criminal Law and Criminology
No abstract provided.
A Patient-Centered Approach To Health Care Fraud Recovery, Joan H. Krause
A Patient-Centered Approach To Health Care Fraud Recovery, Joan H. Krause
Journal of Criminal Law and Criminology
No abstract provided.
Investigation Of Halliburton Co./Tskj's Nigerian Business Practices: Model For Analysis Of The Current Anti-Corruption Environment On Foreign Corrupt Practices Act Enforcement, Barbara Crutchfield George, Kathleen A. Lacey
Investigation Of Halliburton Co./Tskj's Nigerian Business Practices: Model For Analysis Of The Current Anti-Corruption Environment On Foreign Corrupt Practices Act Enforcement, Barbara Crutchfield George, Kathleen A. Lacey
Journal of Criminal Law and Criminology
No abstract provided.
Questionable Uses Of Canons Of Statutory Interpretation: Why The Supreme Court Erred When It Decided Any Only Means Some, Anthony L. Engel
Questionable Uses Of Canons Of Statutory Interpretation: Why The Supreme Court Erred When It Decided Any Only Means Some, Anthony L. Engel
Journal of Criminal Law and Criminology
No abstract provided.
Choice Of Law In Contracts: A Chinese Approach, Mo Zhang
Choice Of Law In Contracts: A Chinese Approach, Mo Zhang
Northwestern Journal of International Law & Business
This article attempts to emphasize that the choice of law analysis in China is distinct from that of other countries, despite the fact that many of the theories and approaches originate in Western countries. The underlying argument is that the ongoing economic reform in China has become a dramatic and driving force for change in the country. This change necessarily shapes the development of choice of law in China in a unique way, and also de. monstrates how China is getting closer to the rest of world while searching for the "China brand" theory and approach in this regard. What …
Enforcement Of Arbitral Awards Against Foreign States Or State Agencies, S.I. Strong
Enforcement Of Arbitral Awards Against Foreign States Or State Agencies, S.I. Strong
Northwestern Journal of International Law & Business
For years, U.S. courts took a highly deferential, "hands-off' approach to litigation involving a foreign sovereign. However, recent case law out of the D.C. Circuit has radically diminished the jurisdictional elements that plaintiffs must establish before a U.S. court will assert its power to enforce an arbitral award against a foreign state or state agency. This Article investigates this recent shift and describes what contacts, if any, a foreign state or state agency must have with the United States before a U.S. court will assert jurisdiction under sections 1605(a)(1) and 1605(a)(6) of the U.S. Foreign Sovereign Immunities Act ("FSIA").4 This …
Bilateralism Under The World Trade Organization, Y.S. Lee
Bilateralism Under The World Trade Organization, Y.S. Lee
Northwestern Journal of International Law & Business
The establishment of the World Trade Organization ("WTO"), which replaced the five decades of the General Agreement on Tariffs and Trade ("GATT") regime,' has significantly reinforced multilateral control over international trade on a global scale. As of October 2005, membership in the WTO has reached 148 nations, including the majority of former Soviet bloc and other communist countries,2 making the WTO the "United Nations of International Trade.",3 WTO disciplines have significant impact on world trade today; they have been enforced by the monitoring activities of various WTO bodies and by strengthened dispute resolution mechanisms. In addition, a significant number of …
Personal Jurisdiction For Internet Torts: Towards An International Solution, Holger P. Hestermeyer
Personal Jurisdiction For Internet Torts: Towards An International Solution, Holger P. Hestermeyer
Northwestern Journal of International Law & Business
As an introduction to the issue of Internet tort jurisdiction, Part I will recount the Yahoo! case, the most divisive case on the issue recently. Parts II and III will give an overview of the current law on Internet tort jurisdiction in two different legal systems: the United States and Germany. They will show that several recent cases in both countries have applied targeting approaches as advocated by Michael Geist and Rufus Pichler. However, insecurity remains and jurisprudence is far from consistent. Part IV will argue that insecurity about Internet jurisdiction could be reduced significantly if countries were to commit …