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Full-Text Articles in International Law
The Kalanke Ruling: Gender Equality In The European Labor Market, Ann Donahue
The Kalanke Ruling: Gender Equality In The European Labor Market, Ann Donahue
Northwestern Journal of International Law & Business
Part I of this note describes the facts that lead up to the ruling in Ka- lanke v. Freie Hansesetadt Bremen and critiques the decision of the ECJ. Since the Court's reasoning lacks depth and precedence, Part II examines the opinion of the Advocate General to explain the possible reasoning be- hind the decision. Part III scrutinizes the degree of cohesiveness between the Kalanke ruling and subsequent decisions by the ECJ. Part IV follows the reactions of the European market to Kalanke. Part V examines propos- als to minimize the effects of the decision. Finally, the note proposes statutory language …
Combating The Ilicit Art Trade In The European Union: Europol's Role In Recovering Stolen Artwork, Jennifer Sultan
Combating The Ilicit Art Trade In The European Union: Europol's Role In Recovering Stolen Artwork, Jennifer Sultan
Northwestern Journal of International Law & Business
In order to provide a context for a discussion of how to effectively combat the art theft problem, Part II of this comment will examine the vari- ous incentives that encourage art theft. Parts I, IV, and V will explain the background and key provisions of two international conventions and one regional directive that address the problem of art theft in the EU. Part VI will analyze the strengths and shortcomings of the existing legal regime ac- cording to the two conventions and a directive. Part VII will discuss three mechanisms that have been somewhat successful in the recovery of …
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 …
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 …
Book Review: Eec Competition Law: Business Issues And Legal Principles In Common Market Antitrust Cases By U.P. Toepke
Northwestern Journal of International Law & Business
EEC competition law can be a strange and baffling creature for an observer familiar only with United States antitrust law. There is a tendency to make very straight-forward comparisons between these two systems. Each system is part of a federal structure of legal regulation which applies to practices capable of affecting trade between member states. In additiona, both the Sherman Act and the Treaty of Rome establish two-part scheme for regulation competition with different standards in judging agreements between firms on the one hand and the actions of monopolists or dominant firms on the other hand. Like sections 1 and …
Symposium On The European Economic Community -- An Introduction, Dennis Thompson
Symposium On The European Economic Community -- An Introduction, Dennis Thompson
Northwestern Journal of International Law & Business
The editors of the Northwestern Journal of International Law & Business are to be congratulated for commemorating the 25th anniversary of the founding of the European Economic Community with this issue. This issue brings together many distinguished experts to deal with the very diverse legal consequences of the Rome Treaty. From these contributions it will be seen that the new legal order in Europe has taken firm root.