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Articles 1 - 30 of 36
Full-Text Articles in Law
Recent Development In Insider Trading Through Swiss Bank Accounts: An End To The "Double Standard", Jonathan Levin
Recent Development In Insider Trading Through Swiss Bank Accounts: An End To The "Double Standard", Jonathan Levin
Northwestern Journal of International Law & Business
In recent years, the Securities and Exchange Commission (SEC) has increased its efforts to combat insider trading in publicly-traded securities in order to ensure fairness, honesty, and confidence in the United States securities markets. Nevertheless, insiders continue to employ Swiss banks as a conduit for their trading activie with little fear of detection.
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: The New Nationalism And The Use Of Common Spaces: Issues In Marine Pollution And The Exploitation Of Antartica
Northwestern Journal of International Law & Business
As attention focuses upon the Antartic continent and other common international spaces as possible targets for development, decisionmakers mut be sensitive to the myriad, complex problems involved with such development. The development of Antartica, the subject of this study, must be attempted only after careful though and must progress incrementally. Two tensions, however, operate to distract us from studied development. They are resource scarcity and growing nationalism.
Japanese Labor Relations And Legal Implications Of Their Possible Use In The United States, Marcia J. Cavens
Japanese Labor Relations And Legal Implications Of Their Possible Use In The United States, Marcia J. Cavens
Northwestern Journal of International Law & Business
Current economic conditions have led many United States companies to search for ways of regaining competitive positions in international markets. Japan's enviable succes in international trade suggests several possible remedies, one of which is development of more harmonious labor-management relations. Some commentators have opposed the application of these cooperative labor practices in the United States, claiming that cultural differences are insurmountable. Japanese-style labor relations, however, have been implemented in the United States, either by conscious imitation, or though similar, domestically developed systems termed quality of worklife and participative management programs. Speculations about and experiments with Japanese labor relations have become …
Can Gatt Export Subsidy Standards Be Ignored By The United States In Imposing Countervailing Duties?, David Simon
Can Gatt Export Subsidy Standards Be Ignored By The United States In Imposing Countervailing Duties?, David Simon
Northwestern Journal of International Law & Business
Under United States law, the Department of Commerce (Department) and the International Trade Commission (ITC) are authorized to impose countervailing duties on imported merchandise that has been provided with foreign government export subsidies which result in, or threaten, material harm to United States industry. The United States is, however, a party to international agreements that contain elaborate "guidelines," and "illustrative" examples, dealing with both prohibited and permitted governmental export subsidies. These international export subsidy rules have been incorporated into the definition of "subsidy" set forth in United States countervailing duty law. Nevertheless, the Department evidently takes the positions that it …
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.
Investing In Nigeria - The Law, Good Intentions, Illusion And Substance, Richard J. Faletti
Investing In Nigeria - The Law, Good Intentions, Illusion And Substance, Richard J. Faletti
Northwestern Journal of International Law & Business
The Journal has expressed concern whether the New Year's Eve coup d'etat in Nigeria may not have made obsolete the contents of this article. The mechanical workings of government in Nigeria are handled by a massive civil service bureaucracy. A new government will replace ministers and possibly permanent secretaries, but it will go no further. Many of the procedures, regulations and laws discussed within were put in place by the previous military government prior to 1979, were continued by the elected government, and will not be terminated by the new military government. I am convinced that bureaucratic life will go …
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.
Equity And Amiralty: A Turbulet Path To Manifest Destiny, George P. Ii Smith
Equity And Amiralty: A Turbulet Path To Manifest Destiny, George P. Ii Smith
Northwestern Journal of International Law & Business
Effective in 1966, the Federal Rules of Civil Procedure were amended "to effect unification of the civil and admiralty procedure." With this amendement, the Advisory Committee intended that, "just as the 1938 rules abolished the distinction between actions at law and suits in equity, this change would abolish the distinction between civil actions and suits in admiralty." Thus, rule 1, defining the scope of the rules, now states, "These rules govern the procedure in the United States district courts in all suits of a civil nature whether cognizable as cases as law or in equity or in admiralty... They shall …
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 …
Is The Connection Effective? Through The Maze Of Section 864, Alan B. Stevenson
Is The Connection Effective? Through The Maze Of Section 864, Alan B. Stevenson
Northwestern Journal of International Law & Business
This article discusses certain of the rules under which foreign corporations and nonresident alien individuals may be subjected to United States federal income tax. It may at first be surprising that there are any situations in which the United States would attempt to tax the income of a nonresident alien or a foreign corporation. A moment's reflection, however, will reveal that in some situations it is quite logical that the United States should tax at least a portion of the income of such persons. For example, it seems reasonable that a corporation which conducts some minimum level of business 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."
A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn J. Berger
A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn J. Berger
Northwestern Journal of International Law & Business
The conduct of a trial in England is undeniably an impressive undertaking. Costume alone transports the viewer to Elizabethan times. Counsel and judges, bewigged and gowned, appear in a cloistered, regal setting, strewn with leather-bound books. Brightly colored ribbons of red, green, yellow and white, rather than metal clips and staples fasten the legal papers. After comparison with the volatile atmosphere and often unruly conduct of a trial in a United States courtroom it is natural to assume that the British model of courtroom advocacy provides an instructive model for its American counterpart.
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. …
Mca, Inc. V. United States: Judicial Recognition Of The Separate Interests Theory, Daniel N. Zucker
Mca, Inc. V. United States: Judicial Recognition Of The Separate Interests Theory, Daniel N. Zucker
Northwestern Journal of International Law & Business
For United States federal tax purposes, the classificaiton of an entity as a partnership or a corporation has significant ramifications, particularly with respect to entities in foreign countries. Classification is especially important to the owners - whether shareholders or partners - of the entity because the question of whether they are taxed on their share of the profits or only upon repartriation will often depend on how the entity, set up under foreign law, is recognized by the Internal Revenue Service (Service). While entity classification in the domestic area has always been vulnerable to challenge, foreign entities face an additional …
Perspectives On Foreign Banking In The United States, Henry C. Wallich
Perspectives On Foreign Banking In The United States, Henry C. Wallich
Northwestern Journal of International Law & Business
Foreign banking has had a great expansion in the United States. This evolution has been accompanied by a variety of questions and concerns on the part of the public, American legislators and regulators, and American bankers. Many of these concrns have been allayed by the passage of the International Banking Act. Some nevertheless remain. To evalute them, I will begin by setting forth the benefits that foreign banks have brought to the United States. Then I will take a look at the principles that have guided and, I believe, should continue to guide United States' policy in this regard.
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 …
A Comparison Of Compensation For Nationalization Of Alien Property With Standards Of Compensation Under United States Domestic Law, Haliburton Fales
A Comparison Of Compensation For Nationalization Of Alien Property With Standards Of Compensation Under United States Domestic Law, Haliburton Fales
Northwestern Journal of International Law & Business
This Article will attempt to show that, despite much scholarly disparagement of the traditional "prompt, adequate and effective" standard of compensation for expropriation, when put to the test of deciding actual cases through arbitration, international law produces results not dissimilar from what might be expected under the standard. The Article compares the law of damages in international arbitration with United States domestic law and points out their similarities.