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- Antitrust Law; Competitive Influence; Foreign Competition; International Markets (1)
- Art (1)
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- Countertrade; Multilateralism; International Trade (1)
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- Extraterritorial Jurisdiction; Economic Regulation; International Business; Sovereignty (1)
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- Foreign Sovereign Immunities Act of 1976; Act of State Doctrine; Commercial Activity; (1)
- Implication Doctrine; Private Right of Action; Export Administration Act; Anti-Boycott Provision (1)
- Income Tax; Incorporation; Repatriation of Capital; Exchange Controls (1)
- International Franchising; Negotiation (1)
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- Motorship (1)
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- Museum (1)
- Performance Bonds; Bankers' Guarantees; Mareva Injunction; Fraudulent Demand (1)
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- Preferences (1)
- Public Policy; Foreign Sovereign Acts; Foreign Adjudication (1)
- Securities Industry; Intercontinental Link; Futures Market; Internationalization; Extraterritorial Application (1)
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- Swiss Banking; Treaty on Mutual Assistance in Criminal Matters; Insider Trading; (1)
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Articles 1 - 19 of 19
Full-Text Articles in Law
Canada-United States Memorandum Of Understanding Regarding Application Of National Antitrust Law: New Guidelines For Resolution Of Multinational Antitrust Enforcement Disputes , Gary E. Dyal
Northwestern Journal of International Law & Business
This Comment will first examine the fundamental policy differences and opposing perspectives underlying the conflict between Canada and the United States regarding extraterritorial antitrust enforcement. Par- ticular conflict areas will then be discussed. Second, this Comment will explore the reasons underlying the failure of the Fulton-Rogers Under- standing to prevent instances of serious disagreement concerning particu- lar antitrust enforcement measures taken by the United States during the 1970's. Third, this Comment will analyze the 1984 Understanding, fo- cusing on its departure from the weaknesses of the Fulton-Rogers Under- standing, its specific provisions addressing concerns within the major categories of previous …
Immunity From Seizure For Artworks On Loan To United States Museums, Rodney M. Zerbe
Immunity From Seizure For Artworks On Loan To United States Museums, Rodney M. Zerbe
Northwestern Journal of International Law & Business
This Comment will first examine the text of the IFSA to determine the scope of protection available under the Act. Second, this Comment will note the Congressional purposes underlying the IFSA, as evidenced by the available legislative history. Third, this Comment will examine the scope of immunity available under the Act. Fourth, this Comment will consider the procedures and substantive criteria employed in deciding whether immunity should be granted. Finally, this Comment will question the compatability of the IFSA with the more recently enacted Foreign Sovereign Immunities Act of 1976, under which Congress transferred the authority for granting immunity to …
Establishing Locus Standi Under Article 173(2) Of The Eec Treaty, Edward J. Tabaczyk
Establishing Locus Standi Under Article 173(2) Of The Eec Treaty, Edward J. Tabaczyk
Northwestern Journal of International Law & Business
Article 173 of the Treaty of Rome allows natural and legal persons to obtain judicial review of certain legal acts of the Council or Commission of the European Economic Community (EEC Council or Commission). Specifically, Article 173(2) allows nonaddressees of a decision or a decision in the form of a regulation to petition the Court of Justice of the European Community (the European Court) for an annulment of the legal act on one of four grounds. Before an application for an annulment is admissible, however, the applicant must show that the legal act is of "direct and individual concern" to …
Blocking And Clawing Back In The Name Of Public Policy: The United Kingdom's Protection Of Private Economic Interests Against Adverse Foreign Adjudications, Michael L. Novicoff
Blocking And Clawing Back In The Name Of Public Policy: The United Kingdom's Protection Of Private Economic Interests Against Adverse Foreign Adjudications, Michael L. Novicoff
Northwestern Journal of International Law & Business
Like their common law cousins, the courts of the United Kingdom have long claimed the authority to decline recognition to foreign sovereign acts which pose a threat to their nation's public policy. This Article surveys the British cases in which such discretion has been or might have been exercised, and it concludes that the doctrine is no longer applied in the very instances for which it was developed. Instead, it appears that the doctrine is, in its old age, used merely as a pretext for the advancement of British economic interests at the expense of international comity. A new model …
International Franchising Arrangements And Problems In Their Negotiation, Warren Pengilley
International Franchising Arrangements And Problems In Their Negotiation, Warren Pengilley
Northwestern Journal of International Law & Business
Franchising is little understood in legal circles. Almost certainly the reason for the lack of any common jurisprudential approach to franchising is that franchising relationships simply do not fit neatly into any of the common law moulds with which we are all familiar. Franchising typically partakes of a number of these relationships while not totally embracing any of them. For example, it partakes of, but does not totally embrace, the concepts of (1) employer and employee; (2) distributorship; (3) licensor and licensee; (4) agency; or (5) vendor and purchaser, to varying degrees, depending upon individual transactions. Because of the scope …
Effective Dispute Resolution In United States-Japan Commercial Transactions Perspectives , Hoken S. Seki
Effective Dispute Resolution In United States-Japan Commercial Transactions Perspectives , Hoken S. Seki
Northwestern Journal of International Law & Business
This article seeks to acquaint the United States businessman and his legal counsel with the Japanese perspective, providing a greater level of understanding that would permit a more satisfying and effective conclusion to the dispute resolution process. The author's frequent visits to Japan, his years of representing Japanese individuals and corporations and his study of treatises by noted authorities, identified in the footnotes, are sources for the opinions and perspectives presented in this article. It is hoped that this article will be particularly useful in providing an over- view to those who have not had extensive previous contact with Japan, …
Confusion In The Harbor: Compulsory Pilots Collide With The Motorship Fsia, Robert M. Jarvis
Confusion In The Harbor: Compulsory Pilots Collide With The Motorship Fsia, Robert M. Jarvis
Northwestern Journal of International Law & Business
The purpose of this article is neither to exhaustively review the legis- lative history of the Act,7 nor to comment on the various amendments draw criticism and corrections which have been put forth. Instead, this article focuses on one small problem contained in one discrete section of the Act. The provision which forms the basis of this article is § 1605(b),s and the prob- lem that will be discussed is the rule announced in that section which prohibits the arrest of a vessel owned by a foreign sovereign. Because much has been written about the arrest provisions of the FSIA,9 …
Revised Generalized System Of Preferences: Instant Replay Or A Real Change, D. Robert Webster, Christopher P. Bussert
Revised Generalized System Of Preferences: Instant Replay Or A Real Change, D. Robert Webster, Christopher P. Bussert
Northwestern Journal of International Law & Business
This article will discuss in detail the GSP in the United States. Ini- tially, it will examine the salient features of the original GSP program and subsequently the legislative hearings culminating in the extension of the GSP program. Finally, the article will explore the renewed version of the GSP and discuss its application.
1983 Amendment To The Export Administration Regulations: The Status Of Export Controls To The People's Republic Of China , John Yo-Hwan Lee
1983 Amendment To The Export Administration Regulations: The Status Of Export Controls To The People's Republic Of China , John Yo-Hwan Lee
Northwestern Journal of International Law & Business
This Comment will, first, briefly sketch the history of the United States export policies towards China. Second, it will analyze the current controls over exports to the PRC in light of the 1983 amendment to the export regulations. Third, it will discuss the historical impact of the new amendment on the Sino-American relationship. Lastly, it will conclude that the 1983 Amendment establishes an appropriate and prudent export policy towards the PRC at this time, although in order to accomplish the ultimate goal of significantly increasing exports to the PRC, the United States must take further measures.
Analyzing Claims Of Sovereignty In International Economic Disputes, Spencer Weber Waller, Alan M. Simon
Analyzing Claims Of Sovereignty In International Economic Disputes, Spencer Weber Waller, Alan M. Simon
Northwestern Journal of International Law & Business
The extraterritorial application of national laws has become a battle ground over the last forty years for both private parties and states, who are either seeking to enforce their laws or to protect their nationals and their own interests. The conflicts have been most intense over the application of economic regulation to international business conduct where the situs and the effects of the conduct may be quite difficult to locate within the borders of any single state. Often, the United States has sought to enforce its laws when conduct abroad by foreign nationals adversely affected its interests. The intention of …
Foreign Competition In Relevant Geographic Markets: Antitrust Law In World Markets, Michael P. O'Brien
Foreign Competition In Relevant Geographic Markets: Antitrust Law In World Markets, Michael P. O'Brien
Northwestern Journal of International Law & Business
Since competition for the sale of many goods and services in the United States has foreign as well as domestic sources, the antitrust laws, designed to protect competition in the United States, must consider foreign competition. One important aspect of antitrust law that must include foreign competition is the relevant geographic market used to define the area in which effects on competition must be examined. As foreign competition exerts a greater influence on domestic competition, the United States antitrust laws, designed to protect competition in the United States and in the foreign commerce of the United States, must reflect the …
The Evolving Doctrine Of Implication: The Export Administration Act And Private Rights Of Action, Lauren B. Bonfield
The Evolving Doctrine Of Implication: The Export Administration Act And Private Rights Of Action, Lauren B. Bonfield
Northwestern Journal of International Law & Business
Two recent United States District Court opinions examine the question of when a federal court may invoke the "implication" doctrine which permits them "to create a private right of action from a federal statute that does not expressly provide for [a] private remed[y]. . . ." Both of the cases raise the issue of implication as it applies to the antiboycott provision of the Export Administration Act (EAA). Plaintiffs in both Bulk Oil (Zug) A.G. v. Sun Co., and Abrams v. Baylor College of Medicine, claimed an implied private right to bring an action for damages and in addition, alleged …
The Need For A United States Countertrade Policy, Marie J. Oh
The Need For A United States Countertrade Policy, Marie J. Oh
Northwestern Journal of International Law & Business
Countertrade is a form of international trade which involves payment partially or in full with goods rather than with money. It is clearly growing and becoming an increasingly important part of the international business environment. Although many do not prefer to do business through countertrade, trade experts have concluded that world economic conditions have made countertrade a necessary financing mechanism for countries that cannot pay cash for their imports. In order to trade with these countries and to open up new markets in countries with limited resources, United States companies must educate themselves about the advantages and drawbacks of countertrade. …
In Search Of Effective Policies For Foreign Direct Investment: Alternatives To Tax Incentive Policies, Kojo Yelpaala
In Search Of Effective Policies For Foreign Direct Investment: Alternatives To Tax Incentive Policies, Kojo Yelpaala
Northwestern Journal of International Law & Business
It is now largely recognized that the multinational enterprise ("MNE") can play a significant role in the industrialization of a number of different countries. The major way in which the MNE can contribute toward the industrialization of a country is through foreign direct investment ("FDI"). To induce such MNE investment, several host countries have relied significantly on fiscal incentives in general and tax incentives in particular for over half a century. However, after several decades, the effects of these tax incentives on the motivation of MNEs to invest in incentive granting countries continues to be the focus of a heated …
A Primer For Incorporating Under The Income Tax Laws Of France, Germany, Or The United Kingdom, Francene M. Augustyn
A Primer For Incorporating Under The Income Tax Laws Of France, Germany, Or The United Kingdom, Francene M. Augustyn
Northwestern Journal of International Law & Business
This article discusses the income tax considerations relevant to a decision to incorporate a business abroad. The article provides an overview of some of the more important aspects of the corporate income tax laws of France, the Federal Republic of Germany, and the United Kingdom. The provisions of the countries' respective tax codes are contrasted and compared; included in this comparison are analogous provisions contained in the Internal Revenue Code of the United States. Due to the ever-changing character of the provisions of the countries' respective tax codes, this article is not an exhaustive study of any one country's tax …
The Conflict Between United States Securities Laws On Insider Trading And Swiss Bank Secrecy Laws, Ellen R. Levin
The Conflict Between United States Securities Laws On Insider Trading And Swiss Bank Secrecy Laws, Ellen R. Levin
Northwestern Journal of International Law & Business
In recent years the Swiss have grown defensive about the bad reputation their banks have earned for hiding so-called "dirty" money. A common perception is that through the protection of strict Swiss banking and commercial secrecy laws, Swiss numbered accounts hold the ill-gotten gains of organized crime, corrupt politicians, United States income tax evaders, and inside traders on United States securities markets. Both out of concern for preserving the integrity of what is regarded as Switzerland's most valuable asset -- its banking sector -- and in response to mounting criticism from abroad, Switzerland has agreed to help the United States …
Performance Bonds, Bankers' Guarantees, And The Mareva Injunction, Peter S. O'Driscoll
Performance Bonds, Bankers' Guarantees, And The Mareva Injunction, Peter S. O'Driscoll
Northwestern Journal of International Law & Business
Performance bonds and bankers' guarantees are common features of international sales and construction contracts. They figure prominently in contracts with buyers and employers in the Middle East. In recent years, the amounts represented by these instruments have grown so large that banks have begun to syndicate them in order to limit the exposure of any one bank. With so much at stake, it is imperative that traders, bankers, and lawyers understand the legal implications of performance bonds and bankers' guarantee agreements and the treatment of such agreements by the courts. This Comment will address some of the problems associated with …
Callejo V. Bancomer, S.A.: The Need For A Commercial Activity Exception To The Act Of State Doctrine, Bryan J. Blankfield
Callejo V. Bancomer, S.A.: The Need For A Commercial Activity Exception To The Act Of State Doctrine, Bryan J. Blankfield
Northwestern Journal of International Law & Business
The ability of the United States courts to adjudicate claims against foreign sovereigns is limited by the Foreign Sovereign Immunities Act of 1976 ("FSIA") and the act of state doctrine. In Dunhill, a plurality of the Court held that the "concept of an act of state should not be extended to include the repudiation of a purely commercial obligation. Recently, the Fifth Circuit in Callejo v. Bancomer, S.A. examined the plurality's commercial activity exception in Dunhill, yet declined to decide whether to adopt the exception with respect to the act of state doctrine. This Note analyzes the commercial activity exception …
Extraterritorial Application Of United States Commodity And Securities Laws To Market Transactions In An Age Of Intercontinental Trading Links, Harold A. Malkin
Extraterritorial Application Of United States Commodity And Securities Laws To Market Transactions In An Age Of Intercontinental Trading Links, Harold A. Malkin
Northwestern Journal of International Law & Business
The recently operational trading link between the Chicago Mercantile Exchange ("CME") and the Singapore International Monetary Exchange ("SIMEX") is one of the most significant developments to occur in the securities industry in recent memory. While the initial phase of this intermarket, intercontinental link involves only the trading of Eurodollar, Deutsche mark, and Japanese yen futures contracts, the prospects for the trading of additional contracts, and the further expansion of trading hours, ultimately to round-the-clock trading, appear favorable. The internationalization of both foreign and domestic futures markets is clearly the order of the day. A trading link connecting the futures exchanges …