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Full-Text Articles in Law
Dispute Resolution As A Catalyst For Economic Integration And An Agent For Deepening Integration: Nafta And Mercosur?, Cherie O'Neal Taylor
Dispute Resolution As A Catalyst For Economic Integration And An Agent For Deepening Integration: Nafta And Mercosur?, Cherie O'Neal Taylor
Northwestern Journal of International Law & Business
An economic integration arrangement between nations cannot exist without the creation of the necessary institutions. Any free trade, customs union or common market agreement1 must have, at a minimum, political institutions and a dispute settlement mechanism. The political institutions are necessary to allow the countries to reach decisions about how to implement the treaty obligations and objec- tives and to oversee that implementation. The dispute settlement mechanism is needed to resolve disputes that may arise over the meaning and application of the agreement's legal obligations and objectives. A dispute settlement mechanism is crucial to the viability of an economic integration …
Book Review: Has Globalization Gone Too Far? By Dani Rodrik. Washington, D.C, Paul B. Stephan
Book Review: Has Globalization Gone Too Far? By Dani Rodrik. Washington, D.C, Paul B. Stephan
Northwestern Journal of International Law & Business
To this debate comes Dani Rodrik, an economist on the faculty of Har- vard's John F. Kennedy School of Government. In his brief and intriguing book, Has Globalization Gone Too Far?,2 he seeks to make the race-to-the- bottom story respectable for those who take economics seriously. Rather than preaching radical opposition to globalization, however, he proposes moderate and incremental resistance. He outlines policy responses to what he argues are legitimate concerns about the growth of the world economy, encouraging targeted trade barriers based on a demonstrated national con- sensus about legitimate and illegitimate means of production. I will begin by …
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 …
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 …
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, …
"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 …
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
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 …
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 …
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.