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Articles 31 - 60 of 74
Full-Text Articles in Law
The Theory Of The Firm And The Theory Of The International Economic Organization: Toward Comparative Institutional Analysis, Joel P. Trachtman
The Theory Of The Firm And The Theory Of The International Economic Organization: Toward Comparative Institutional Analysis, Joel P. Trachtman
Northwestern Journal of International Law & Business
Debates regarding the competences and governance of interna- tional economic organizations such as the World Trade Organization (WTO), the European Union (EU) and the North American Free Trade Agreement (NAFFA) seem to grow more polarized. Academic lawyers, political scientists and economists seem to add little light to these heated debates. The purpose of this paper is to examine the theory of the firm and related transaction cost-based literatures of new institutional economics (NIE),4 law and economics (L&E) and industrial organizations (IO),' and the application of their analytical techniques to the linked problems of competence and governance of international economic organizations …
Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand
Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand
Northwestern Journal of International Law & Business
One of the most difficult problems in the study of international law is determining when a rule of law applies to a given situation. This problem has two dimensions: (1) determining what the rule of law is and (2) determining when and how it is applied. The first di- mension, though complex, is the subject of Article 38 of the Statute of the International Court of Justice,' and the starting point for most dis- cussions of international law.2 Though it may be difficult to establish the existence of a rule of international law, particularly in the absence of a treaty, …
Are Private Remedies In Domestic Courts Essential For International Trade Agreements To Perform Constitutional Functions With Respect To Sub-Federal Governments?, Matt Schaefer
Northwestern Journal of International Law & Business
The term constitutionalism is increasingly discussed in the context of international trade agreements. A prominent example is Professor Petersmann's writings on the constitutional functions that trade agree- ments could serve by limiting governmental discretion to take welfare- reducing protectionist measures against the long-term interests of a nation and contrary to individual economic liberty.' The absence of such protectionist constraints and foreign trade rights in domestic con- stitutions can be mitigated (and already is mitigated somewhat) through the development of international trade rules and institutions.
The Role Of Consensus In Gatt/Wto Decision-Making, Mary E. Footer
The Role Of Consensus In Gatt/Wto Decision-Making, Mary E. Footer
Northwestern Journal of International Law & Business
The most striking aspect of the new World Trade Organization (WTO)' is the extent to which it preserves and consolidates the body of law and practice which has evolved out of the development of the General Agreement on Tariffs and Trade (GATT)2 and related instru- ments. Such preservation and consolidation is deliberate as the pre- amble to the Marrakesh Agreement Establishing the World Trade Organization (Marrakesh Agreement) makes clear.3 The mechanism chosen for the transition from the GAT-T to the WTO was designed to provide a degree of continuity, stability and thereby predictability in the multilateral trading system. Its occurrence …
"Trade And": Recent Developments In Trade Policy And Scholarship - And Their Surprising Political Implications, Jeffrey L. Dunoff
"Trade And": Recent Developments In Trade Policy And Scholarship - And Their Surprising Political Implications, Jeffrey L. Dunoff
Northwestern Journal of International Law & Business
Lately, I've been thinking about the richly suggestive phrase "trade and." What does it mean? Is it shorthand for new topics on the expanded trade agenda, such as "trade and environment" or "trade and intellectual property"? Does it describe new movements in legal scholarship on trade issues? How is it similar to, or different from, "law and"? Until fairly recently, most scholarship about international trade law fell within a relatively well-defined domain. The substantive focus of this traditional scholarship' typically has been on a series of tradi- tional, core "trade" issues: tariffs, quotas, most-favored-nation treat- ment, nondiscrimination, permissible safeguards and …
From Diplomacy To Law: The Juridicization Of International Trade Relations, Arie Reich
From Diplomacy To Law: The Juridicization Of International Trade Relations, Arie Reich
Northwestern Journal of International Law & Business
This article deals with the development of law; i.e., the evolution of a legal regime in a field which prior thereto was not subject to law. It is my view that such a process took place in recent decades in the area of trade relations between sovereign nations. The period since World War II, and particularly recent years, is marked by the clear development of a conventional legal regime which regulates trade re- lations among the majority of countries of the world, as expressed by the multiplication of legal norms and the strengthening of the binding nature of these norms …
Assessing Apec's Role In Economic Integration In The Asia-Pacific Region, Merit E. Janow
Assessing Apec's Role In Economic Integration In The Asia-Pacific Region, Merit E. Janow
Northwestern Journal of International Law & Business
This article examines the Asia-Pacific Economic Cooperation (APEC) forum as a new institution to promote economic integration in the Asia-Pacific region. APEC does not lend itself to straightfor- ward definition. Formed only recently in 1989, APEC is currently comprised of 18 member "economies"1 and is organized around a set of intergovernmental meetings. Its very nomenclature, APEC, lacks a descriptive noun.2
Networks In International Economic Integration: Fragmented States And The Dilemmas Of Neo-Liberalism, Sol Picciotto
Networks In International Economic Integration: Fragmented States And The Dilemmas Of Neo-Liberalism, Sol Picciotto
Northwestern Journal of International Law & Business
Current discussions of "globalization" afford an opportunity to. reflect on the development of the modern international system and its governance as well as to evaluate prospects and strategies for the fu- ture. However, the term "globalization" is ambiguous. It conceals di- verse and sometimes conflicting trends and strategies; it appears to project a post-Cold War optimism of increasing global unity and pros- pects for a new world order based on a strengthened framework of international institutions. Nonetheless, tendencies towards fragmen- tation exist, in addition to an increasing awareness of diversity and, perhaps, global disorder. Certainly, efforts are being made to …
New Players For The Old Tobacco Game: The Czech Republic And Romania; It's Time To Change The Rules, Susan Meyer
New Players For The Old Tobacco Game: The Czech Republic And Romania; It's Time To Change The Rules, Susan Meyer
Northwestern Journal of International Law & Business
Cigarette and tobacco advertisements have become a part of life in the Czech Republic and Romania. In the Czech Republic, Camel cigarettes, manufactured by R.J. Reynolds, sponsored weddings in which taxis bearing the Camel logo transported guests from the wed- ding to the reception.' In Romania, Kent cigarettes, manufactured by British and American Tobacco Company (BAT), sponsored the ex- tremely popular television show "Dallas."3 Unfortunately, the health consequences of cigarette use, which lead to the annual death of three million people around the world,4 have also become a part of daily life. In 1995, almost 20% of the Czech Republic's …
Shrinking Water Resources: The National Security Issue Of This Century, Niveen Tadros
Shrinking Water Resources: The National Security Issue Of This Century, Niveen Tadros
Northwestern Journal of International Law & Business
There are several places in the world where war could erupt over a dwindling supply of clean water from shared water resources. As one nation after another finds itself reaching its water resource limits, the potential for conflict among them intensifies. Add to already scarce reserves pollution of the water source, and the global picture appears more menacing. In fact, public health officials attribute al- most 80% of illnesses in developing countries to contaminated water;' the United Nations Children's Emergency Fund (UNICEF) reports that more than 35,000 children all over the world die every day from hunger or disease caused …
Gunboat Diplomacy In The Northwest Atlantic: The 1995 Canada-Eu Fishing Dispute And The United Nations Agreement On Straddling And High Migratory Fish Stocks, Derrick M. Kedziora
Gunboat Diplomacy In The Northwest Atlantic: The 1995 Canada-Eu Fishing Dispute And The United Nations Agreement On Straddling And High Migratory Fish Stocks, Derrick M. Kedziora
Northwestern Journal of International Law & Business
In March 1995, Canadian gunboats seized and impounded a Spanish fishing trawler and cut the nets of another Spanish boat for alleged violations of international quotas and regulations governing the fishing of Greenland Halibut in the international waters of the North Atlantic.1 Spain and the European Union (EU) responded by alleging that the Canadians violated international law and committed an act of piracy by seizing a foreign ship in international waters.2 The EU threatened to impose economic sanctions against Canada, and the Spanish government responded by sending its own gunboats into the North Atlantic.3 The stage was set for a …
Trade Protection In The New Millennium: The Ascendancy Of Antidumping Measures, Christopher F. Corr
Trade Protection In The New Millennium: The Ascendancy Of Antidumping Measures, Christopher F. Corr
Northwestern Journal of International Law & Business
This article will first examine why the antidumping law will become the weapon of choice for import protection in the new millennium. It then will provide an overview of the antidumping regulatory regime, and the controversy it has engendered. Finally this article will discuss the compli- ance measures that global exporters should consider in order to avoid anti- dumping liability in the future.
Does Russia Need A Securities Law?, Greg Lumelsky
Does Russia Need A Securities Law?, Greg Lumelsky
Northwestern Journal of International Law & Business
The question in the title of this article is not necessarily rhetorical. Perhaps a more appropriate inquiry is, does Russia need its current securi- ties law?' The response to the titular question is, as I will argue, clearly yes. The answer to the second question is to a large extent negative. Given the prevailing economic conditions in Russia, the course of enterprise pri- vatization, and the principal institutions shaping Russian capital markets, there is good reason to think that rather than assisting the growth and en- trenchment of a market in securities, much of the current Russian securities legislation will …
The Limitation On Benefit Clause Of The U.S.-German Tax Treaty And Its Compatibility With European Union Law, Dietmar Anders
The Limitation On Benefit Clause Of The U.S.-German Tax Treaty And Its Compatibility With European Union Law, Dietmar Anders
Northwestern Journal of International Law & Business
This comment details why the limitation on benefits clause of the U.S.- German Treaty is contrary to European Union law.5 Part I describes the discriminatory situation which German companies may face and illustrates how tax treaty abuse could occur and how to prevent it. Part I also contains an introduction to the U.S.-German Treaty and provides an example of the conflict between U.S. tax treaties and European Union law. Part II analyzes in detail the Treaty's discriminatory features with respect to European Union aw and discusses potential justifications for this discrimination based on the case law of the European Court …
Trade Policy And Election-Year Politics: The Truth About Title Iii Of The Helms-Burton Act, Leslie R. Goldberg
Trade Policy And Election-Year Politics: The Truth About Title Iii Of The Helms-Burton Act, Leslie R. Goldberg
Northwestern Journal of International Law & Business
Part I of this comment chronicles the historical events leading to the promulgation of the Helms-Burton Act. Part II provides an overview of Ti- tle I of the Helms-Burton Act. Part I then analyzes Title III and de- scribes why Title III will not protect the property rights of U.S. citizens or deter enough foreign business investment in Cuba to expedite the collapse of Castro's regime. Next, Part IV details the it-for-tat legal retaliation that has stemmed from Title I's enactment, and Part V discusses the legality of Title mI's private right of action. Finally, Part VI recommends that Title …
Why Has The Fcpa Prospered, Lee C. Buchheit, Ralph Reisner
Why Has The Fcpa Prospered, Lee C. Buchheit, Ralph Reisner
Northwestern Journal of International Law & Business
The international reaction to the Helms-Burton Act has been fierce.7 But even while the Helms-Burton debate has been raging, an earlier iece of U.S. legislation, the Foreign Corrupt Practices Act (FCPA or Act), has garnered unexpected flattery from some of the same countries that have been so vigorous in denouncing the Helms-Burton Act. There are two pos- sible explanations for these different reactions.
Globalizing Sanctions Against Foreign Bribery: The Emergence Of A New International Legal Consensus, David A. Gantz
Globalizing Sanctions Against Foreign Bribery: The Emergence Of A New International Legal Consensus, David A. Gantz
Northwestern Journal of International Law & Business
Part I of the article begins with a review of the rationale and key legal ele- ments of the U.S. Foreign Corrupt Practices Act. Part II describes recent efforts by the United States to convince other governments and firms of the need for binding, enforceable and universally accepted rules against corrupt payments to foreign public officials. Parts III and IV survey the activities of various governmental organizations and major private sector groups that support international efforts to effectively discourage foreign bribery, re- spectively. The key sections, Parts V and VI, describe, analyze and critique the two major international conventions, the …
International Financial Institutions Face The Corruption Eruption: If The Ifis Put Their Muscle And Money Where Their Mouth Is, The Corruption Eruption May Be Capped, James P. Jr. Wesberry
International Financial Institutions Face The Corruption Eruption: If The Ifis Put Their Muscle And Money Where Their Mouth Is, The Corruption Eruption May Be Capped, James P. Jr. Wesberry
Northwestern Journal of International Law & Business
This article addresses what IFIs are doing, are not doing, and hopefully might do to help cap the corruption eruption sweeping our world. The article primarily relates the efforts of the World Bank in this area and briefly discusses efforts by other major IFIs.
The Development Of Compliance Programs: One Company's Experience, Patrick J. Head
The Development Of Compliance Programs: One Company's Experience, Patrick J. Head
Northwestern Journal of International Law & Business
Though the FCPA is only a small portion of the coverage of corporate compliance programs, this perspective will focus on the FCPA and, to a certain extent, on other collateral impact statutes, such as securities and in- ternal revenue laws. It will not delve into related statutes, such as the over- seas reach of antitrust laws.
Comment On Ingraham's Moral Duty To Talk And The Right To Silence, Gregory W. O'Reilly
Comment On Ingraham's Moral Duty To Talk And The Right To Silence, Gregory W. O'Reilly
Journal of Criminal Law and Criminology
No abstract provided.
Driving While Black And All Other Traffic Offenses: The Supreme Court And Pretextual Traffic Stops, David A. Harris
Driving While Black And All Other Traffic Offenses: The Supreme Court And Pretextual Traffic Stops, David A. Harris
Journal of Criminal Law and Criminology
No abstract provided.
Just Say No Excuse: The Rise And Fall Of The Intoxication Defense, Mitchell Keiter
Just Say No Excuse: The Rise And Fall Of The Intoxication Defense, Mitchell Keiter
Journal of Criminal Law and Criminology
No abstract provided.
Statistical Aspects Of Cases Concerning Racial Discrimination In Drug Sentencing: Stephens V. State And U.S. V. Armstrong, Joseph L. Gastwirth, Tapan K. Nayak
Statistical Aspects Of Cases Concerning Racial Discrimination In Drug Sentencing: Stephens V. State And U.S. V. Armstrong, Joseph L. Gastwirth, Tapan K. Nayak
Journal of Criminal Law and Criminology
No abstract provided.
A Case For Harmless Error Review For Ake Errors, Kristen Brown
A Case For Harmless Error Review For Ake Errors, Kristen Brown
Journal of Criminal Law and Criminology
No abstract provided.
Pleas, Plain Language And Precedent: Applicability Of Rules 11(F) And 31(E) To Criminal Forfeiture Provisions, Angela Crawford
Pleas, Plain Language And Precedent: Applicability Of Rules 11(F) And 31(E) To Criminal Forfeiture Provisions, Angela Crawford
Journal of Criminal Law and Criminology
No abstract provided.
Sword Or Shield: Due Process And The Fugitive Disentitlement Doctrine, Martha B. Stolley
Sword Or Shield: Due Process And The Fugitive Disentitlement Doctrine, Martha B. Stolley
Journal of Criminal Law and Criminology
No abstract provided.
Changing The Tide Of Double Jeopardy In The Context Of Continuing Criminal Enterprise, Amy J. Kappeler
Changing The Tide Of Double Jeopardy In The Context Of Continuing Criminal Enterprise, Amy J. Kappeler
Journal of Criminal Law and Criminology
No abstract provided.
When Is Strict Criminal Liability Just, Kenneth W. Simons
When Is Strict Criminal Liability Just, Kenneth W. Simons
Journal of Criminal Law and Criminology
No abstract provided.
Rape In The Criminal Justice System, David P. Bryden, Sonja Lengnick
Rape In The Criminal Justice System, David P. Bryden, Sonja Lengnick
Journal of Criminal Law and Criminology
No abstract provided.
Copyrights, Criminal Sanctions And Economic Rents: Applying The Rent Seeking Model To The Criminal Law Formulation Process, Lanier Saperstein
Copyrights, Criminal Sanctions And Economic Rents: Applying The Rent Seeking Model To The Criminal Law Formulation Process, Lanier Saperstein
Journal of Criminal Law and Criminology
No abstract provided.