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Articles 1 - 17 of 17
Full-Text Articles in Law
Nafta And The Environment: A Trade-Friendly Approach, Bradly J. Condon
Nafta And The Environment: A Trade-Friendly Approach, Bradly J. Condon
Northwestern Journal of International Law & Business
Although the North American Free Trade Agreement, (NAFTA), contains more detailed environmental provisions than any previous trade agreement,' only some of them are mandatory. These mandatory NAFTA environmental rules purport to prevent the use of environmental policy instruments as disguised barriers to trade. Since most human activities have some impact on the environment, a vast array of government regulation could potentially be characterized as relating to the environment. This fact increases the risk that domestic industries will exploit political discretion over environmental policy implementation to put foreign competitors at a disadvantage by raising non-tariff barriers to trade. It is important …
Book Review: The Fall Of The U.S. Consumer Electronics Industry: An American Trade Tragedy, Robert W. Mcgee
Book Review: The Fall Of The U.S. Consumer Electronics Industry: An American Trade Tragedy, Robert W. Mcgee
Northwestern Journal of International Law & Business
This book tells the story of Matsushita et aL v. Zenith.' The title, plus the fact that the author is one of the attorneys who represented Zenith, quickly alerts the reader that the book makes no pretense about being objective. The author does not hide the fact that he is arguing Zenith's position, and for that he is to be commended. Lesser authors would have wrapped their arguments in language that appears unbiased on the surface, yet subtly supports Zenith's side of this trade controversy. Curtis does a commendable job of presenting Zenith's side of the story. He is a …
The Fatal Flaw In Nafta, Gatt And All Other Trade Agreements, Robert W. Mcgee
The Fatal Flaw In Nafta, Gatt And All Other Trade Agreements, Robert W. Mcgee
Northwestern Journal of International Law & Business
Although the North American Free Trade Agreement, (NAFTA), contains more detailed environmental provisions than any previous trade agreement,' only some of them are mandatory. These mandatory NAFTA environmental rules purport to prevent the use of environmental policy instruments as disguised barriers to trade. Since most human activities have some impact on the environment, a vast array of government regulation could potentially be characterized as relating to the environment. This fact increases the risk that domestic industries will exploit political discretion over environmental policy implementation to put foreign competitors at a disadvantage by raising non-tariff barriers to trade. It is important …
Rx: Just What The Doctor Ordered: International Standards For Medical Devices, Mindy H. Chapman
Rx: Just What The Doctor Ordered: International Standards For Medical Devices, Mindy H. Chapman
Northwestern Journal of International Law & Business
This Comment demonstrates why the FDA should amend its medical device regulations to emulate those of the European Community. There are two major benefits of a single set of international standards. First, a single set of international standards assures safe medical devices both in the United States and on the international market. Second, the United States will have a greater opportunity to export medical devices to the newly prosperous European Community resulting in greater financial returns and job opportunities for Americans.
Worms, Mice, Cows And Pigs: The Importance Of Animal Patents In Developing Countries, Elisabeth T. Jozwiak
Worms, Mice, Cows And Pigs: The Importance Of Animal Patents In Developing Countries, Elisabeth T. Jozwiak
Northwestern Journal of International Law & Business
Transgenic animals play a large role in several critical industries: the pharmaceutical industry, the agricultural industry, farming, and medical research. As these biotechnology-oriented industries have grown, the United States and other industrialized nations have realized the importance of patent protection for genetically-engineered animals. Unfortunately, lesser-developed countries (LDCs), which can benefit the most from such industries, do not provide adequate patent protection for transgenic animals, even though patent protection for transgenic animals could ultimately lead to reduction in starvation and disease, two of the biggest problems facing many LDCs. The United States should pursue bilateral negotiations with developing countries in the …
The Engines Of Privatization: Investment Funds And Fund Legislation In Privatizing Economies, Matthew J. Hagopian
The Engines Of Privatization: Investment Funds And Fund Legislation In Privatizing Economies, Matthew J. Hagopian
Northwestern Journal of International Law & Business
The mass privatization programs of Eastern Europe and the former Soviet Union have been designed as the centerpieces of the momentous transformation of the region's command economies to principles of market forces. The programs are designed to distribute shares in thousands of state-owned enterprises amongst hundreds of millions of citizens for free or for nominal payment, thereby creating a revolutionary class of citizen-shareholders with a strong stake in the privatization process. From the inception of the first wave of large-scale privatization in Czechoslovakia, investment funds' have played a central role in the successes and failures of the varying mass privatization …
The Forgotten Link: "Control" In Section 482, Wayne M. Gazur
The Forgotten Link: "Control" In Section 482, Wayne M. Gazur
Northwestern Journal of International Law & Business
The foundation of international taxable income allocations between related parties is formed by the imposition of an arm's length standard. The presence of "control" over a person invokes this measure. The author examines the implications of control presented by continuing developments in the global business environment, including the rise of cooperative interfirm arrangements.
The Safeguard Measure/Ver Dilemma: The Jekyll And Hyde Of Trade Protection, Ernesto M. Hizon
The Safeguard Measure/Ver Dilemma: The Jekyll And Hyde Of Trade Protection, Ernesto M. Hizon
Northwestern Journal of International Law & Business
The safeguard measure, or the escape clause mechanism provided in Article XIX of GAIT 1947 has always been the "ugly duckling" in the palette of attractive defensive trade options available to states who wish to withdraw from the Article XI obligation of the 1947 Agreement prohibiting quantitative restrictions on imports. But unlike the antidumping and countervailing duty option which targets "unfair trade," Article XIX deals not with the inherent "fairness" of the onslaught of imports, but merely furnishes a temporary escape hatch for domestic producers to adapt to serious competition from foreign manufacturers.
Section 301 Of The Omnibus Trade And Competitiveness Act Of 1988: A Formidable Weapon In The War Against Economic Espionage, Marc A. Moyer
Section 301 Of The Omnibus Trade And Competitiveness Act Of 1988: A Formidable Weapon In The War Against Economic Espionage, Marc A. Moyer
Northwestern Journal of International Law & Business
Current debate over appropriate methods for curbing the threat of economic espionage revolves around unilateral and multilateral forms of action. There are two kinds of solutions on which the United States could focus its resources and efforts. One involves "supply side" solutions, such as export controls and individual corporate security. The other requires the use of foreign governments, United States intelligence agencies, and domestic law enforcement mechanisms to remedy the problem.5 Currently, debate exists as to which of these solutions should be emphasized. To a certain extent, the purpose of this comment is to describe the current threat to United …
Special 301 And Taiwan: A Case Study Of Protecting United States Intellectual Property In Foreign Countries, Y. Kurt Chang
Special 301 And Taiwan: A Case Study Of Protecting United States Intellectual Property In Foreign Countries, Y. Kurt Chang
Northwestern Journal of International Law & Business
On April 30, 1993, the United States Trade Representative (USTR) placed Taiwan on the "priority watch list" of countries that failed to protect United States intellectual property rights.' Although countries on the priority watch list are not as egregious in violating United States intellectual property rights as those identified as "priority foreign countries," Taiwan was targeted for an immediate action plan, requiring it to take specific actions before July 31, 1993, or else risk being the subject of a trade sanction. Under the intense pressure from the United States, the ruling party of Taiwan rammed through the legislature the first …
Book Review: Sovereignty, Statehood And Self-Determination: A Review Of Claims To Statehood In International Law, M R. Franks
Book Review: Sovereignty, Statehood And Self-Determination: A Review Of Claims To Statehood In International Law, M R. Franks
Northwestern Journal of International Law & Business
To tour the world while examining the various claims to sovereignty over virtually every inch, one may read Nil Lante Wallace-Bruce's book, Claims to Statehood in International Law. His book is a fascinating excursion through the "four worlds." Although the origin of the terminology is obscure,' the term "First World" clearly refers to capitalist countries historically belonging to NATO and the Organization for Economic Cooperation and Development (OECD). The term "Second World" refers to the former Soviet Bloc. The term "Third World" refers to everything else, and has come to mean economically developing countries.2 More recently, the term "Fourth World" …
The Globalization Of Stock Index Futures: A Summary Of The Market And Regulatory Developments In Stock Index Futures And The Regulatory Hurdles Which Exist For Foreign Stock Index Futures In The United States, William J. Brodsky
Northwestern Journal of International Law & Business
The twelve-year history of stock index futures contracts has been marked by great success both in the United States and in many other countries. Two years after the product was introduced in 1982, the "notional," i.e., underlying, or dollar value of trading on the Chicago Mercantile Exchange (CME) S&P 500 Stock Price Index futures contract surpassed the dollar volume of trading at the New York Stock Exchange (NYSE).' Moreover, "as investors go increasingly global and market turbulence grows, stock index futures are emerging as the favorite way for nimble money managers to deploy their funds. Indeed, in most major markets, …
French Privatizations And International Capital Markets, Alexander Marquardt, Ellen H. Clark
French Privatizations And International Capital Markets, Alexander Marquardt, Ellen H. Clark
Northwestern Journal of International Law & Business
The 1993-1994 privatizations of French public companies have been conducted in an atmosphere of innovation among French lawmakers and politicians. The sale of French industries under French Privatization Law No. 86-912 of August 6, 1986 (as modified by Law No. 93-923 of July 19, 1993, the "Privatization Law")' with the use of novel financing methods has dynamized French capital markets. The Privatization Law and recent developments in French stock exchange regulations have permitted France to use privatization as a legal laboratory for testing share placement and distribution techniques developed both in France and abroad. Implementation of the Privatization Law marks …
Securities Activities Of Japanese Banks Under The 1993 Japanese Financial System Reform, Masaki Yagyu
Securities Activities Of Japanese Banks Under The 1993 Japanese Financial System Reform, Masaki Yagyu
Northwestern Journal of International Law & Business
What is unique to the Japanese banking system is high specialization. In Japan, the banking industry is divided into many segments, including short-term banking, long-term banking, trust banking, retail banking, wholesale banking, small business banking, and international trade banking. In addition, Japan has many types of banking organizations, such as regular banks (Futsa Ginkd), long-term credit banks (Chdki Shin'y6 Gink6)', trust banks (Shintaku Gink6), a foreign exchange bank (Gaikoku Kawase Ginkd)2, and credit unions (Shin'y Kinko). Each type of the banking organizations has been expected to specialize in some of the segments. Standing upon these recent developments in Japan's banking …
Nestle, Infant Formula, And Excuses: The Regulation Of Commercial Advertising In Developing Nations, Caryn L. Finkle
Nestle, Infant Formula, And Excuses: The Regulation Of Commercial Advertising In Developing Nations, Caryn L. Finkle
Northwestern Journal of International Law & Business
Advertising has been recognized as one of the most persuasive forms of communication.' Can it also endanger the cultural autonomy of a nation? This comment addresses the potential role of advertising in developing countries and its regulation by the international community. The central question of this analysis is whether or not the advertising of the most developed nations, particularly the advertising produced by the so called "western media,"2 is a threat to the cultural survival of developing countries.' The answer to this question as reflected in the World Health Organization's (WHO) Code of Marketing of Breastmilk Substitutes4 is yes. The …
Gatt And Gats: A Public Morals Attack On Money Laundering, Matthew B. Comstock
Gatt And Gats: A Public Morals Attack On Money Laundering, Matthew B. Comstock
Northwestern Journal of International Law & Business
Experts estimate current worldwide profits from organized crime at one trillion dollars.' By comparison, the aggregate profits of the top fifty Fortune 500 companies totaled $33.923 billion in 1993.2 These illegitimate profits derive from a new generation of international organized crime. Perhaps no one better symbolizes this new generation of transnational gangster than the slain leader of the Medellin drug cartel, Pablo Escobar. Mr. Escobar reaped hundreds of millions of dollars from his illicit drug sales. He then "laundered" his ill-gotten wealth in the world's major financial centers via phones, fax machines, and computers located in his Colombian headquarters.
Economic Integration In The Americas: A Work In Progress, Kenneth W. Abbott, Gregory W. Bowman
Economic Integration In The Americas: A Work In Progress, Kenneth W. Abbott, Gregory W. Bowman
Northwestern Journal of International Law & Business
In the next section of the article, we provide an overview of the major subregional groupings and other institutional relationships now being created throughout Latin America. In Section III, we suggest two major goals that should guide the process of economic integration in the Americas: maintaining the multilateral economic system as the highest priority for the region and achieving regional integration at the hemispheric level. We then outline the principal approaches to economic integration currently being followed, or proposed, within the region-including bilateral agreements, subregional groupings, the expansion of NAFrA, and arrangements of continental scaleand assess these approaches as methods …