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Northwestern Pritzker School of Law

1982

International Law

Articles 1 - 14 of 14

Full-Text Articles in Law

Modifying The Foreign Corrupt Practices Act: The Search For A Practical Standard, John W. Duncan Jan 1982

Modifying The Foreign Corrupt Practices Act: The Search For A Practical Standard, John W. Duncan

Northwestern Journal of International Law & Business

This comment will examine the Senate's proposed amendment to the FCPA, taking into consideration the resulting economic, political, and moral burdens. The first section reviews criticisms of the FCPA's accounting and anti-bribery provisions. The following section analyzes whether and how the Business Practices and Records Act (BPRA) addresses the FCPA's shortcomings. in addition, this comment discusses possible effects of the Senate's proposal on the possibility of a multilateral agreement on corrupt payments to foreign officials, and on purely private transactions.

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What 'Counts' As Law?, Anthony D'Amato Jan 1982

What 'Counts' As Law?, Anthony D'Amato

Faculty Working Papers

A reader of jurisprudence might conclude that only philosophers raise the question whether international law may be said to exist or is really law. But in terms of frequency, the question is probably raised more often by governments and states that are not trying to be philosophical. The increasing attention being paid to the need for, and the procedures for, objective validation of rules of international law in a burgeoning literature of international law evidences the seriousness of the problem, the responsibility of scholars for careful scholarship in this area of legal theory, and ultimately the good possibility of generally …

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Comity And The International Application Of The Sherman Act: Encouraging The Courts To Enter The Political Arena, Steven A. Kadish Jan 1982

Comity And The International Application Of The Sherman Act: Encouraging The Courts To Enter The Political Arena, Steven A. Kadish

Northwestern Journal of International Law & Business

In this article, Mr. Kadish discusses the comity analysis of Timberlane Lumber Company v. Bank of America, and examines what it involves, what it accomplishes, whether it is justified, and whether there are preferable alternatives to it. He concludes that the Timberlane analysis should rejected, or at least limited becauses its use to determine United States' court jurisdiction is at best questionable, because it violates traditional abstention doctrine and current Supreme Court and Congressional treatment of foreigners' activities, because there may be insurmountable practical difficulties in applying the analysis, and because the analysis encourages courts to enter the political arena.

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Dumping Of Non-Factor Services: Some Implications Of Recent Experiences With Controlled-Economy Shipping, John A. Zerby, Robert A. Ellsworth, Austin L. Schmitt Jan 1982

Dumping Of Non-Factor Services: Some Implications Of Recent Experiences With Controlled-Economy Shipping, John A. Zerby, Robert A. Ellsworth, Austin L. Schmitt

Northwestern Journal of International Law & Business

Dumping generally brings lower prices to the consumers of the importing country, the benefit of which is dispersed throughout the economy unless it is outweighed by genuine injury to a domestic industry. The essential element in the regulation of dumping is, therefore, the problem of determining when injury is sufficient to justify remedial action. In the United States, and in many other countries, the standard for such determination have evolved from the notion that dumping is an example of price discrimination between countries. If a higher price in the exporting country can be traced to monopolistic control over the domestic …

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Injury Standards In Section 337 Investigations, Brian G. Brunsvold, Charles F. Schill, Ursula Schwendemann Jan 1982

Injury Standards In Section 337 Investigations, Brian G. Brunsvold, Charles F. Schill, Ursula Schwendemann

Northwestern Journal of International Law & Business

In this article the authors analyze the impact of the Trade Act of 1974 on Section 337 cases. They focus on the standards the International Trade Commission (ITC) uses in making its injury determinations in Section 337 cases. The authors also address the limited nature of judicial review over final ITC determinations, and conclude that the enhanced role of the ITC in Section 337 proceedings brought about by the Trade Act of 1974 creates a need for private litigants to build a thorough record on the issue of actual or incipient injury in proceedings before the ITC

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The Companies Act, 1980: Its Effects On British Corporate Law, M. Freeman Durham Jan 1982

The Companies Act, 1980: Its Effects On British Corporate Law, M. Freeman Durham

Northwestern Journal of International Law & Business

The Companies Act, 1980, makes basic and important changes in the corporate law of Great Britain. It implements European Economic Community Second Directive on Company Law, and also extends regulations on director conflicts of interest, introduces prohibitions on insider dealing, requires directors to take employee interest into account, and facilitates minority shareholder access to the courts.

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Enforcement Of Foreign Arbitral Awards In The United States, J. Stewart Mcclendon Jan 1982

Enforcement Of Foreign Arbitral Awards In The United States, J. Stewart Mcclendon

Northwestern Journal of International Law & Business

In this article, Mr. McClendon describes the requirements and procedures for enforcing arbitral awards in the United States. The author examines the provisions of both the New York Convention and the United States Arbitration Act. Mr. McClendon focuses on the substantive and procedural defenses to enforcement of foreign arbitral awards, and reviews the relevant United States case law.

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Government Antitrust Actions And Remedies Involving Foreign Commerce: Procedural And Substantive Limitations, William C. Holmes Jan 1982

Government Antitrust Actions And Remedies Involving Foreign Commerce: Procedural And Substantive Limitations, William C. Holmes

Northwestern Journal of International Law & Business

In recent years, application of American antitrust laws to activities in foreign commerce has been a source of controversy. In this article, Mr. Holmes addresses criticisms directed at the application of the antirtust laws to commercial activities abroad, and argues that these criticisms, while not without some merit, often fail to recognize the procedural and substantive limitations which have recently been imposed upon government agencies. Mr. Holmes discusses these limitations at length.

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The Third United Nations Conference On The Law Of The Sea: Questions Of Equity For American Business, Marlene Dubow Jan 1982

The Third United Nations Conference On The Law Of The Sea: Questions Of Equity For American Business, Marlene Dubow

Northwestern Journal of International Law & Business

Three decades ago, the search for petroleum and natural gas moved to the ocean floor. Offshore exploration, modestly begun in shallow water, opened up a new frontier in petroleum exploration and exploitationwhich now extends to water depths beyond 1600 feet. Today, the seabeds off the shores of coastal countries supply approximately seven percent ot the world's oil and gas requirements. Yet only a small portion of the world's continental shelves have actually been tested for their natural resource potential, and exploration of the potential petroleum and natural gas supply of the deep seabed is still in its infancy.

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Scope Of Action Against Unfair Import Trade Practices Under Section 337 Of The Tariff Act Of 1930, J. Stephen Simms Jan 1982

Scope Of Action Against Unfair Import Trade Practices Under Section 337 Of The Tariff Act Of 1930, J. Stephen Simms

Northwestern Journal of International Law & Business

Section 337 of the Tariff Act of 1930 and general powers of the United States International Trade Commission (ITC) provide the Commissions with a range of actions in cases of unfair methods of competition or unfair acts involved in importation of articles or in their sale. This comment will discuss the actions available to the Commission under Section 337, and suggest how the Commission should apply them.

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Eximbank As A Public Enterprise: The Role Of Congress And The Executive Branch, Jordan Jay Hillman Jan 1982

Eximbank As A Public Enterprise: The Role Of Congress And The Executive Branch, Jordan Jay Hillman

Northwestern Journal of International Law & Business

Eximbank, a wholly-owned government corporation with the status of an independent agency, operates under the charter of the Export-Import Bank of 1945, as amended. In this article, which forms a part of his broader study of the Bank, Professor Hillman examines the influence of Congress and the Executive Branch on Eximbank's policies and decisions. He analyzes the development of the statutory provisions governing capitalization, operating (especially lending) standards and organizational structure, as well as budget status and annual program authority. He then takes up the influence of the executive branch, as exercised through the President's power to appoint principal officers …

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International Trading Companies: Building On The Japanese Model, Robert W. Dziubla Jan 1982

International Trading Companies: Building On The Japanese Model, Robert W. Dziubla

Northwestern Journal of International Law & Business

Passage of the Export Trading Company Act of 1982 provides new opportunities for American business to organize and operate general trading companies. After presenting a thorough history and description of the Japanese sogoshosha, Mr. Dziubla gives several compelling reasons for Americans to establish export trading companies. He also examines the changes in United States banking and antitrust laws that have resulted from passage of the act and offers suggestions for drafting guidelines, rules, and regulations for the Export Trading Company Act.

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The Promised Land: Analysis Of Environmental Factors Of United States Investment In And Development Of The Amazon Region In Brazil, Daniel P. Caswell Jan 1982

The Promised Land: Analysis Of Environmental Factors Of United States Investment In And Development Of The Amazon Region In Brazil, Daniel P. Caswell

Northwestern Journal of International Law & Business

This comment will look at the social, economic, and environmental situation pertaining to the Amazon region, the present regulation and policy, and foreseeable future trends, from three vantage points. The Brazilian perspective is one of conflicting interests, with the country's dramatic need for economic development balanced against its need to prevent the Amazon, its most valuable resource, from total destruction. The international perspective is one of increasing awareness of the global impact of the deforestation of tropical moist forests, and the need to develop and implement regional and international policies to manage this resource. The United States perspective considers the …

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Book Review: China's Economy In Global Perspective. By A. Doak Barnett Jan 1982

Book Review: China's Economy In Global Perspective. By A. Doak Barnett

Northwestern Journal of International Law & Business

China'a Economy in Global Perspective surveys China's prospects as it enters the international community in its quest for rapid economic expansion. In analyzing the changes in China's economic relations with foreign countires, Barnett ponders both the internal and international implications of China's new policies. Beginning with the changes in China's domestic policies, he shows how change in China's international economic relations have led to increased foreign trade and acquisition of advanced technology from abroad. Mr. Barnett then discusses the prospects for continued growth in China's foreign trade and absorption of new technology, as well as the problems and opportunities for …

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