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Articles 61 - 68 of 68
Full-Text Articles in Law
American Lamb Company V. United States: Application Of The Reasonable Indication Standard, Nam H. Paik
American Lamb Company V. United States: Application Of The Reasonable Indication Standard, Nam H. Paik
Northwestern Journal of International Law & Business
The utilization of non-tariff barriers in international trade has taken on significant importance in protecting United States industries from unfair trading practices by foreign competitors. Non-tariff barriers such as antidumping and countervailing duty measures are designed to regulate "unfair methods of competition and unfair acts" by foreign concerns. The regulations promulgated by the International Trade Administration ("ITA") of the Department of Commerce and the International Trade Commission ("ITC"), contain the appropriate measures followed by these agencies in their investigations of potential dumping and countervailing duty violations. If the ITA determines that an investigation is warranted after considering information reasonable available …
Perestroika And Market Socialism: The Effects Of Communism's Slow Thaw On East-West Economic Relations, W. Gary Vause
Perestroika And Market Socialism: The Effects Of Communism's Slow Thaw On East-West Economic Relations, W. Gary Vause
Northwestern Journal of International Law & Business
The United States post-war foreign policy towards the East has been dominated by a strategic-military orientation. This Perspective will examine East-West relations from a new perspective, one in which an improved climate of economic relations, based upon mutually beneficial trade and investment contacts between the United States and the major communist nations, provides a complement for diplomatic efforts to reduce global military tensions. The threshold analytical premise of this study is that United States foreign policy must be addressed as a comprehensive whole, and that foreign economic, human rights, political and geostrategic policies are not only interdependent, but indivisible. Decisions …
Debt/Equity Swaps And Mexican Law: The Interplay Between Law And Regulation, Mark B. Baker
Debt/Equity Swaps And Mexican Law: The Interplay Between Law And Regulation, Mark B. Baker
Northwestern Journal of International Law & Business
Undeniably, one of the most significant current economic issues is the role of Direct Foreign Investment ("DFI") in the continued development of all nations, rich and poor. History has shown that successful DFI requires a delicate balance between the investor and host country. The emerging view (and one supported by the plethora of recently enacted or modified Foreign Investment Codes) is to seek only those investments from abroad which might be characterized as "beneficial" to the host country. The United States of Mexico has addressed the question of Direct Foreign Investment for many years. In doing so, Mexican policy regarding …
The Termination Of The United States-Netherlands Antilles Tax Treaty: What Were The Costs Of Ending Treaty Shopping, Frith Crandall
The Termination Of The United States-Netherlands Antilles Tax Treaty: What Were The Costs Of Ending Treaty Shopping, Frith Crandall
Northwestern Journal of International Law & Business
On June 29, 1987 the United States Treasury Department terminated the United States-Netherlands Antilles Tax Treaty (the "Treaty"). The United States and the Netherlands Antilles had attempted to preserve the Treaty for eight years. However, negotiations ended because of a loggerhead over the extent to which the Netherlands Antilles would maintain any tax haven status. Termination of the Treaty was a victory for the United States since third parties to the Treaty could no longer misuse it to evade United States taxes. Furthermore, the termination significantly advanced the continuing United States policy to eliminate "treaty shopping." The purpose of this …
Section 337 And Gatt And The Akzo Controversy: A Pre- And Post-Omnibus Trade And Competitiveness Act Analysis, Mark Modak-Truran
Section 337 And Gatt And The Akzo Controversy: A Pre- And Post-Omnibus Trade And Competitiveness Act Analysis, Mark Modak-Truran
Northwestern Journal of International Law & Business
The burgeoning of new technology such as semiconductor chips, computer software, genetic engineering, pharmaceuticals and other chemical processes raises important international trade issues for the protection of intellectual property rights. Inadequate protection has left the door open for pirating and counterfeiting. Section 337 of the United States Tariff Act of 1930 ("Section 337") protects intellectual property rights from international pirating and counterfeiting. It provides a mechanism for excluding fringing imports from the United States marketplace. In Re United States Litigation between E.I. Dupont de Nemours & Co. and Akzo N.V., the EC Commission determined that the procedure followed under Section …
A Comparative Study Of The Regulatory Treatment Of Enhanced Services In The United States And The European Community, Steven M. Spaeth
A Comparative Study Of The Regulatory Treatment Of Enhanced Services In The United States And The European Community, Steven M. Spaeth
Northwestern Journal of International Law & Business
The telecommunications industry and the data processing industry have become integral parts of the world economy. Furthermore, over the years, these services have come to complement each other. The result has been the development of services which are made up of both communications and data processing components. For the past twenty years, the FCC has struggled to develop rules that will allow common carriers in the United States to take advantage of their economies of scope while preventing or minimizing the pernicious effects of cross-subsidization and bottlenecks. As a result, complicated rules, and definitions attempting to draw a line between …
Controlling Diversion: How Can We Convert The Toshiba-Kongsberg Controversy Into A Victory For The West, Jere W. Morehead
Controlling Diversion: How Can We Convert The Toshiba-Kongsberg Controversy Into A Victory For The West, Jere W. Morehead
Northwestern Journal of International Law & Business
Since the revelations last year that a Toshiba Corporation subsidiary illegally sold the Soviet Union tools to make superquiet submarine propellers, the United States government has struggled to develop an appropriate response for punishing the Japanese company. Unfortunately, the proposals advanced by the United States have not been directed at using this episode to advance meaningful reforms in both domestic and multilateral export controls. This Perspective will examine the Toshiba-Kongsberg case, summarize the current state of export controls, and suggest a strategy to improve upon the poor record of the West in controlling the diversion of strategic technology to the …
Competition And/Or Efficiency: A Review Of West German Antimerger Law As A Model For The Proposed Treatment Of Efficiency Promotion Under Section 7 Of The Clayton Act, James F. Ponsoldt, Christian Westerhausen
Competition And/Or Efficiency: A Review Of West German Antimerger Law As A Model For The Proposed Treatment Of Efficiency Promotion Under Section 7 Of The Clayton Act, James F. Ponsoldt, Christian Westerhausen
Northwestern Journal of International Law & Business
As many commentators have noted, the end of Ronald Reagan's presidency likely will engender a renewed debate concerning the proper level of government intervention in business integrations. During the past eight years, the number and size of corporate mergers have risen astronomically. Such unchallenged mergers have occurred while the Reagan Administration and the Democrats in the United States Congress ("Congress") have debated the appropriateness of merger control laws, both in testimony at oversight hearings and in conflicting proposals for amending Section 7 of the Clayton Act ("Section 7"). The purpose of this Article is to demonstrate the need for legislative …