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Full-Text Articles in Law
Trademark Licensing Agreements Under The Eec Law Of Competition, Rene Joliet
Trademark Licensing Agreements Under The Eec Law Of Competition, Rene Joliet
Northwestern Journal of International Law & Business
A vast amount of legal literature has addressed the problem of restrictive patent licensing under Article 85 of the EEC Treaty and a substantial number of decision illustrate the EC Commission's policy on that patent-antitrust issue. In contrast, trademark licensing agreement have hardly caught the attention of legal writers and the Campari case of 1977 is the only decision that deals with them. Such paucity of case law is surprising for two reasons. First, trademark licensing agreement are fairly common business practice in sectors such as beer, soft drinks, aperitifs, chocolate, cigarettes, or clothing; and second, several appliations for exemption …
State Trading: Its Nature And International Treatment, Edmond M. Ianni
State Trading: Its Nature And International Treatment, Edmond M. Ianni
Northwestern Journal of International Law & Business
At least six considerations compel a review of the international practice of state trading. First, state trading is practiced widely throughout the world and embraces at least one quarter of world trade. From a domestic perspective, United States trade with state trading countries continues to grow and, therefore, is directly relevant to the United States national interest. Second, increasing international economic interdependence has augmented the role of state trading in international trade by the inducements of economic necessity and efficiency. Third, recent Eastern European trends toward greater private economic autonomy have facilitated trade relations between free market countries and state …
Book Review: Uniform Law For Internatioal Sales Under The 1980 United Nations Convention By John Honnold
Northwestern Journal of International Law & Business
In 1980, a Diplomatic Conference of sixty-two states unanimously approved the United Nations Convention on Contracts for International Sale of Goods. This action concluded almost fifty years of effor to unify the law for the international sale of goods and, in the process, superseded the frequently criticized 1964 Hague Convention on the Uniform Law for the International Sale of Goods (ULIS) and the Uniform Law on the Formation of Contracts for the International Sale of Goods (ULF). Since that time, 21 states, including the United States, have signed the 1980 Convention and 2 states have ratified it.
A Beginner's Guide To Business-Related Aspects Of United States Immigration Law, Paul T. Wangerin
A Beginner's Guide To Business-Related Aspects Of United States Immigration Law, Paul T. Wangerin
Northwestern Journal of International Law & Business
Recent media references to various aspects of United States immigration law - important legislative changes recently suggested by introduction of the Simpson-Mazzoli "Immigration Reform and Control Act"; the crisis involving refugees arriving in the United States from Cuba, Haiti, and Southeast Asia; massive investments in domestic companies by citizens or residents of Middle Eastern oil-producing countries; potential reaction by European business people to President Reagan's changing stance regarding investments in the Soviet Union; the economic policies of France's socialist government; and the United States' deteriorating relation wtih certain Central and South American countries - have drawn renew attention to the …
Lawyers And Diplomats: Some Personal Observations, William Jr. Bodde
Lawyers And Diplomats: Some Personal Observations, William Jr. Bodde
Northwestern Journal of International Law & Business
The American Experience has prove wrong de Tocqueville's contention that lawyers and missionaries make poor diplomats. Our diplomatic history is rich in successful and prominent lawyer-diplomats, demonstrating that even such a perceptive and sensitive observer of the American scene as the French historian could be mistaken.
The Sinking Shipping Industry, Cynthia Y. Mccoy
The Sinking Shipping Industry, Cynthia Y. Mccoy
Northwestern Journal of International Law & Business
The United States has yet to develop a coordinated national shipping policy despite constant calls for a strong merchant marine dating from the country's inception. The lack of such a policy implicates broader national interests than those of shippers and ship-owners, such as the national defense, diplmoatic relations with United States trading partners, and the United States balance of payments.
Williams V. Shipping Corp. Of India And Rex V. Cia. Pervana De Vapores, S.A.: The Seventh Amendment And The Foreign Sovereign Immunities Act Of 1976, Barbara A. Adams
Williams V. Shipping Corp. Of India And Rex V. Cia. Pervana De Vapores, S.A.: The Seventh Amendment And The Foreign Sovereign Immunities Act Of 1976, Barbara A. Adams
Northwestern Journal of International Law & Business
Suits against foreign sovereigns and their agents or instrumentalities are being brought in increasing numbers by American citizens and businesses in the United States court to resolve legal disputes, both at the federal and state levels. Although formerly absolutely prohibited, suits against foreign sovereigns acting in various commercial and business capacities have been allowed in the United States since the 1940s. In response to both the multitude of foreign policy and legal problems, and the general confusion arising out of the attempts by the executive and judicial branches of government to decide whether foreign sovereign immunity should be granted in …
Legal Protection Of Computer Programs In The United Kingdom, Timothy S. Bishop
Legal Protection Of Computer Programs In The United Kingdom, Timothy S. Bishop
Northwestern Journal of International Law & Business
The computer software and firmware industries spend an enormous sum of money each year on the development of new programs. Developing, marketing and maintaing an individual program may involve a substantial investment. A potential for profit obviously exists if a successful program can be copied, thereby saving development and other related expenses, or if a copmuter user can run a program wihtout paying the usual fees to its owner. It is hardly surprising that considerable attention is now being focused on the means by which owners may secure legal protection against the copying or unauthorized use of their programs.
Agency Law In The Arabian Peninsula And North Africa, Paul Homsy
Agency Law In The Arabian Peninsula And North Africa, Paul Homsy
Northwestern Journal of International Law & Business
This article examines the agency laws of Algeria, Egypt, Iraq, Jordan, Kuwait, Saudi Arabia, and the United Arab Emirates. These countries were chosen because they are representative of the different legal approaches to the regulation of agents in the Middle East. For example, Algeria and Iraq, which have state controlled economies, severely restrict the use of agents. Egypt has significantly relaxed state controls on its economy during the last decade and, in general permits the use of agents while retaining few restritions on their use in the sale of certain commodities. Saudi Arabi's free enterprise economy is dominated by public …
United States/Common Market Agricultural Trade And The Gatt Framework, Simon Dodds
United States/Common Market Agricultural Trade And The Gatt Framework, Simon Dodds
Northwestern Journal of International Law & Business
The Western World is suffering from its worst recession since the depression of the 1930s. While many nations have been successful in reducing inflation, the level of unemployment continues to rise appreciably. Western governments have shielded domestic industries from foreign competition in an effort to preserve jobs. Political pressures have prompted those governments to fix the blame for their countries' economic ills on foreign culprits. They have turned away from international free trade and sought political salvation in protectionist policies. The international economic system has undergone severe strain.
Title V Of The 2nd Lome Convention Between Eec And Acp States: A Critical Assessment Of The Industrial Cooperation As It Relates To Africa, Ndiva Kofele-Kale
Title V Of The 2nd Lome Convention Between Eec And Acp States: A Critical Assessment Of The Industrial Cooperation As It Relates To Africa, Ndiva Kofele-Kale
Northwestern Journal of International Law & Business
On October 31, 1979, representatives from fifty-eight African-Caribbean-Pacific (ACP) and nine European Economic Community (EEC) States signed the second Lome Convetion. This agreement will govern the technical, commercial, and financial relations between the two groups of countries from March 1, 1980 through February 28, 1985. Lome II is the fifth in a series of conventions concluded between the EEC countries and the developing nations of Africa, the Caribbean, and the Pacific. Like its predecessors, Lome II was designed to "establish a model for relations between developed and developing states," and lay the foundation for a "New International Economic Order." Toward …
Worker Adjustment Assistance: The Failure & The Future, Steven T. O'Hara
Worker Adjustment Assistance: The Failure & The Future, Steven T. O'Hara
Northwestern Journal of International Law & Business
Free trade has long raised the specter of job loss to a wide range of American workers, particularly in periods of recession. Today, with the weakening of free-trade supporters, and the corresponding protectionist pressure mounting, Congress may be taking its eye of the long term benefits of free trade and focusing instead on the short-term, politically attractive benefits of protectionism. This Comment argues, however, that protectionism will in fact add many new faces to America's unemployment lines, and prolong the world recession - for protectionism invites retaliation, and no nation is so insulated from the world economy that it can …
Extraterritoriality: A Candian Perspective, Allan E. Gotlieb
Extraterritoriality: A Candian Perspective, Allan E. Gotlieb
Northwestern Journal of International Law & Business
Extraterritoriality, or "ET" as it is known in the trade, has long been a controversial subject in international law. In recent years, several dramatic examples of its application have raised its profile considerably. Perhaps the most glamorous treatment of extraterritoriality is E.T., the recent fil abou the dilemmas an unusual creature faces when he finds himself trapped in a foreign jurisdiction.
United States Trade Policy Toward Foreign Commodity Markets: A Critique, John V. Rainbolt
United States Trade Policy Toward Foreign Commodity Markets: A Critique, John V. Rainbolt
Northwestern Journal of International Law & Business
New trading instruments and a concommitant increase in volume in United States future markets during the past decade has overshadowed somewhat a parallel market expansion involving foreign commodity exchanges serving an expanded United States and international customer base.
United States International Communications And Information Policy: A Crisis In The Making?, Dante B. Fascell, Virginia M. Schlundt
United States International Communications And Information Policy: A Crisis In The Making?, Dante B. Fascell, Virginia M. Schlundt
Northwestern Journal of International Law & Business
The arrival of the highly-touted "information age" may precipitate a crisis for the United States if attention is not directed toward the impact of rapidly-changing communications technology on the American economy and society. Most discussions about the implications of the information age have centered on specific problem areas - such as regulation of transborder data flows, allocation of radio frequencies and deregulation of telecommunication services. This Perspective, however, will attempt to provide a cohesive discussion by examining the components of United Stats international communications and information policy, demonstrating their interrelationships, and pinpointing some of the implications of a failure to …
A Method For Analyzing The Effect Of Competition On Restricting Imports, Benjamin I. Cohen
A Method For Analyzing The Effect Of Competition On Restricting Imports, Benjamin I. Cohen
Northwestern Journal of International Law & Business
The President is authorized, pursuant to Section 203 of the Trade Act of 1974, to restrict imports of a commodity when these imports are the principle cause of injury to United States firms producing the same article. In such an "escape clause" proceeding, the President is to take into account, inter alia, "the effect of import relief on consumers... and on competition in the domestic markets for such articles."
Income Tax Treaty Shopping: An Overview Of Prevention Techniques, Kenneth A. Grady
Income Tax Treaty Shopping: An Overview Of Prevention Techniques, Kenneth A. Grady
Northwestern Journal of International Law & Business
The Internal Revenue Service in recent years has been particularly concerned about third-country residents use of bilateral income tax treaties to avoid paying tax on United States source income. Although third-country residents have benefitted from United States bilateral income tax treaties for more than twenty years, the loss of tax revenue from such unintended use was not considered a major problem. The recent proliferation of tax treaties between the United States and tax havens which resulted in an increased loss of tax revenues, however, has caused the Internal Revenue Service (IRS) to change its evaluation of the treaty shopping problem. …
Energy Policy: A Norwegian Perspective, Tore Tonne
Energy Policy: A Norwegian Perspective, Tore Tonne
Northwestern Journal of International Law & Business
Few countries in the industrialized West are more energy directed than Norway. Whereas most nations have paid particular attention to the relationship between their economic growth and the consumption of energy, Norway has to a high degree based her industrialization and economic growth on the exploitation of indigenous energy resources. Therefore, establishing principles of developing and using energy resources has been an important political topic in Norway since industrialization gathered headway near the turn of the century.
Exports, Banking And Antitrust: The Export Trading Company Act - A Modest Tool For Export Promotion, George E. Garvey
Exports, Banking And Antitrust: The Export Trading Company Act - A Modest Tool For Export Promotion, George E. Garvey
Northwestern Journal of International Law & Business
There is an almost universally held perceptoin that expanded export trade is essential to a robust United States economy. President Carter, for example, stated in a report to Congress that export expansion is critical to the health of our economy. Huge balance of payments deficits in recent years, the increasingly successfuly and visible penetration of United States markets by foreign producers, and substantial unemployment in basic industry have all fuedl this concern. These conditions have led naturally to a two-pronged response by the public and members of Congress: first, the call for greater protection against foreign competition; and second, a …
Some Aspects Of The Decision-Making Process In The European Communities, Francis Crijns
Some Aspects Of The Decision-Making Process In The European Communities, Francis Crijns
Northwestern Journal of International Law & Business
The European Community finds itself in a state of almost permanent crisis as the process of integration continues to stagnate; all of its noble objectives still be be realized; and since 1958, bedevilled with many new problems, especially in the areas of environmental and energy policy. Furthermore, the socio-economic sitaution has changed fundamentally with the enlargement of the Community to ten member states in 1981 which has weakened rather then strengthened the possibliities to cope with these difficulties. In addition to these general considerations, institutional factors, such as the procedures according to which decisions are made in the Communities and …
United States International Competitiveness And Trade Policies For The 1980s, Dan Quayle
United States International Competitiveness And Trade Policies For The 1980s, Dan Quayle
Northwestern Journal of International Law & Business
A new wave of protectionism is upon us and its undertow, if not the wave itself, constitutes a serious threat to the Western alliance. This "neo-protectionism" differs from familiar past practices relying heavily on higher tariffs; it is more often charactierized by the use of more subtle ploys such as dumping, subsidization, and the erection of difficult marketing requirements for foreign traders.
Appellations Of Origin: The Continuing Controversey, Lori E. Simon
Appellations Of Origin: The Continuing Controversey, Lori E. Simon
Northwestern Journal of International Law & Business
Appellations of origin (appellations d'origine) are geographical denominations that indicate a product's origin, as well as particular distinctive and renowned qualities associated with the location. Because of the singularity of these titles, the disparity in national laws, and the potential for infringement of the rights associated with the names, protection of appeallations of origin continues to be a controversial topic in international trade law. The debate over protection of appellations of origin primarily stems from conflicting national economic interests and divergent fundamental conceptions of the purpose of protecting trade names. It is entangled further by cultural, linguistic, and historical differences …
An Overview Of The Japanese Legal System, Elliott J. Hahn
An Overview Of The Japanese Legal System, Elliott J. Hahn
Northwestern Journal of International Law & Business
Trade between the United States and Japan is growing at such a rapid pace that it is incumbent on those involved in private international law to be well-versed in the Japanese legal system. This Article is inteded to be of service to one weeking an overview of that system. The basic lesson for the reader is that the legal system is that the legal system of Japan differs significantly from that of the United States. This difference arises from disparate views of Americans and Japanese as to the fundamental purpose of a legal system. Upon reflection, it is perhaps not …