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- Arbitration; International Commerce; Antitrust; Federal Arbitration Act; (1)
- Black Market; Chinese International Financial System; Two-Tiered Banking system (1)
- Corporate Law; Piercing the Corporate Veil; Limited Liability; Konzernrecht (1)
- Foreign Currency Exchange; Foreign Exchange Management; International Taxation (1)
- Gray Market Goods; Trademark; Tariff Act of 1930; United States Customs Service; Territoriality (1)
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- Insider Trading; German Capital Markets; European Economic Community (1)
- International Trade; Copyright; Intellectual Property; Singapore; Piracy (1)
- Internationalization; World Stock Markets; Equity Securities; (1)
- Nuclear Power; Radioactive Waste Disposal; London Dumping Convention; Environmental Protection Agency; Ocean Disposal (1)
- People's Republic of China; Tax System; Consolidated Industrial and Commercial Tax; Industrial and Commercial Income Tax (1)
- Poland; Labor Law; 1980 Gdansk and Szczecin Agreements (1)
- Space; Satellites; Geostationary Orbit; Direct Satellite Broadcasting (1)
- Trade Act of 1974; Trade Expansion Act; Free Trade Policy (1)
- Unfair Competition; Anti-Dumping; Countervailing Duties; Hammering Effect; International Trade Commission (1)
- Unification of International Trade Law; International Contracts; Freedom to Contract; Economic Regulations (1)
- United States National Commission on Space; NASA; Commercial Exploitation of Space; (1)
Articles 1 - 16 of 16
Full-Text Articles in International Law
Internationalization Of Stock Markets: Potential Problems For United States Shareholders, John H. Ehrlich
Internationalization Of Stock Markets: Potential Problems For United States Shareholders, John H. Ehrlich
Northwestern Journal of International Law & Business
Despite considerable advance publicity, the internationalization of the world's stock markets remains in the incipient stage of development. Nonetheless, the exchange of capital across international borders through the purchase and sale of equity securities is likely to continue. This Comment will explore the potential problems faced by United States shareholders when the corporations in which they own stock list and offer equity securities on stock exchanges in foreign countries.
Taxation Of Foreign Business And Investment In The People's Republic Of China, Alex Easson, Li Jinyan
Taxation Of Foreign Business And Investment In The People's Republic Of China, Alex Easson, Li Jinyan
Northwestern Journal of International Law & Business
Up until the last six or seven years, very little attention has been paid in the West to the tax system of the People's Republic of China ("PRC" or "China"). This is understandable since, in the immediate post-liberation years, many countries in the Western Hemisphere tried hard to pretend that the PRC did not exist at all. Following its break with the Soviet Union in 1960, China adhered firmly to a policy of self-reliance. China's opening to the West, in economic terms, did not really begin until approximately 1978. Given the type of economic system which had evolved in China …
Emerging Unification Of Conflict Of Laws Rules Applicable To The International Sale Of Goods: Uncitral And The New Hague Conference On Private International Law, Francis A. Gabor
Emerging Unification Of Conflict Of Laws Rules Applicable To The International Sale Of Goods: Uncitral And The New Hague Conference On Private International Law, Francis A. Gabor
Northwestern Journal of International Law & Business
A new lex mercatoria is emerging in the unification of the law of international trade. In analyzing this development, this Article will emphasize two points. First, international contracts are based essentially on national law, a feature of which is the lack of state involvement resulting in party autonomy. A party's freedom to contract is a uniformly recognized principle of contract law. Second, in recent times -- particularly following World War II -- a wide range of state governmental regulations have appeared which restrict parties' freedom to contract. Such restrictions include economic regulations promulgated by the modern state, plus considerable legislation …
Limited Space: Allocating The Geostationary Orbit, Michael J. Finch
Limited Space: Allocating The Geostationary Orbit, Michael J. Finch
Northwestern Journal of International Law & Business
In many ways, the space shuttle inaugurated a new phase in the development of space as an international resource. The shuttle may be used to launch satellites into orbit and has the additional capability of retrieving and repairing satellites. As the number of satellites in orbit increases, the problem of interference among satellites escalates. The issue centers around the geostationary orbit and the electromagnetic spectrum as well as direct satellite broadcasting from orbiting transmission stations to individual receivers. This Comment will examine the current legal and probable future state of the international zone known as the geostationary orbit and the …
Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, William B.T. Jr. Mock
Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, William B.T. Jr. Mock
Northwestern Journal of International Law & Business
United States manufacturers have sometimes found themselves unable to identify which unfair import competitors have injured their industries when sources of unfair competition exist in more than one country. These manufacturers have had some redress from unfair trade available to them through various federal trade laws, including, inter alia, the antidumping and countervailing duty laws. Until recently, however, these laws have largely addressed unfair trade competition coming from a single foreign country source at a time; they have not, however, addressed the "hammering effect" of unfair competition from many sources operating in the market at once or sequentially. The International …
The Liability Of Corporations And Shareholders For The Capitalization And Obligations Of Subsidiaries Under German Law, Maximilian Schiessl
The Liability Of Corporations And Shareholders For The Capitalization And Obligations Of Subsidiaries Under German Law, Maximilian Schiessl
Northwestern Journal of International Law & Business
The Federal Republic of Germany, one of the United States' main trading partners, has a rather different approach to the liability of a parent corporation for the debts of its subsidiaries. In the United States, the affiliated enterprises doctrine is generally viewed as a subcategory of the piercing the corporate veil doctrine. Under German law, there is a sharp distinction between the general rules on piercing the corporate veil, which may also be applied to a parent-subsidiary relationship, and the special legal framework governing the Konzernrecht (law of affiliated enterprises). German corporation law is based on the assumption that in …
The Regulation Of Insider Trading In Germany: Who's Afraid Of Self-Restraint, Joseph Blum
The Regulation Of Insider Trading In Germany: Who's Afraid Of Self-Restraint, Joseph Blum
Northwestern Journal of International Law & Business
From near total destruction forty-one years ago, the Federal Republic of Germany has emerged as the fourth wealthiest industrialized nation. Yet despite this wealth, the German capital markets remain miniscule in comparison to those of other industrialized nations. This development has had a significantly adverse effect on the ability of German companies to raise equity capital. The aversion of individual Germans to invest in equity securities can be explained on a number of levels. First, many investors find that fixed-rate bonds and similar securities provide equal if not better yields than stocks, without the concomitant risk. Another significant reason that …
Toward Negotiating A Remedy To Copyright Piracy In Singapore, James W. Peters
Toward Negotiating A Remedy To Copyright Piracy In Singapore, James W. Peters
Northwestern Journal of International Law & Business
The pirates of modern Singapore threaten to undermine the international trade of copyrighted works. Advancements in technology have facilitated the inexpensive reproduction of books, audio and video cassettes, and computer programs. Printing, video, and audio pirates have found Singapore well suited to the unauthorized copying of protected works. Literature and music reproduced in Singapore has found its way to markets throughout the world. To persuade Singapore to protect intellectual property, United States and British business organizations, the United States government, and the governing bodies of international intellectual property conventions have proposed measures ranging from educational programs to economic reprisals. Still, …
Book Review
Northwestern Journal of International Law & Business
When a corporation enters foreign markets it must confront the complications of foreign currency exchange. Foreign exchange management ("forex management") taxes the skills of the most creative corporate financial managers. Achieving tax advantages through forex management, or at least avoiding financial disasters, requires the talents of a prophet. To maintain profits, the tax efficient forex manager must reduce taxes while reducing foreign exchange risks. In Tax Efficient Forex Management, John Chown supplies forex managers with the knowledge required to achieve significant tax advantages from managing foreign currency and asset exchange. According to Mr. Chown, the book is intended for both …
The Prospects For Labor Law Reform In Poland, Maria Matey
The Prospects For Labor Law Reform In Poland, Maria Matey
Northwestern Journal of International Law & Business
A complex combination of socioeconomic factors have produced a situation in Poland in the mid-1980s which is in urgent need of reform. This need for change extends to the complicated and controversial subject of labor law. It is the purpose of this Perspective to set forth the current status of labor law in Poland and to analyze the prospects for possible reform. There are currently three approaches to labor law reform in Poland. The first is held by the government, the second by labor law scientists, and the third by the trade unions created after 1982. These approaches include wide-ranging …
Section 301 Of The Trade Act Of 1974: Requirements, Procedures, And Developments, Judith Hippler Bello, Alan F. Holmer
Section 301 Of The Trade Act Of 1974: Requirements, Procedures, And Developments, Judith Hippler Bello, Alan F. Holmer
Northwestern Journal of International Law & Business
The recent dramatic increase in the use of Section 301 of the Trade Act of 1974 ("§ 301") and a predecessor provision in the Trade Expansion Act warrants a review of its requirements and procedures. This Article illustrates those requirements and procedures through § 301's application in particular cases. The Article also explains why recent events have led to more frequent resort to § 301 and related legal provisions. Section 301 is currently the lodestar of the Administration's free and fair trade policy. This policy stresses, in particular, the need for equitable access to foreign markets for United States exports …
From Ice To Ether: The Adoption Of A Regime To Govern Resource Exploitation In Outer Space, Grier C. Raclin
From Ice To Ether: The Adoption Of A Regime To Govern Resource Exploitation In Outer Space, Grier C. Raclin
Northwestern Journal of International Law & Business
It is clear that the world community in general, and the United States in particular, intends to move forward in the exploration of space and the commercial exploitation of lunar and other resources. It would seem equally clear that, without law in this area, no country, government, or commercial enterprise is likely to undertake the substantial risks and costs involved in such exploitation. Companies will not undertake these risks without a clear understanding of how the resulting rewards will be allocated. For the United States commercial space program to move forward, it must seek the adoption of a regime to …
Grey Market Imports: A Genuine Problem For The United States Trademark Owner, Customs Service, And Courts, Barbara A. Curry
Grey Market Imports: A Genuine Problem For The United States Trademark Owner, Customs Service, And Courts, Barbara A. Curry
Northwestern Journal of International Law & Business
Each year billions of dollars worth of goods are produced by foreign manufacturers and legitimately sold abroad under a particular trademark and are then imported into the United States and sold without permission from the foreign manufacturers or the authorized United States distributors of these goods. When imported into this country, these foreign goods are sold in competition with goods of the owners of the United States trademark rights in the identical foreign marks. Such goods have come to be known as "grey market" imports. These goods are not counterfeit products, which are often called "black market" goods; rather, they …
The Need For A Ban On All Radioactive Waste Disposal In The Ocean, David G. Spak
The Need For A Ban On All Radioactive Waste Disposal In The Ocean, David G. Spak
Northwestern Journal of International Law & Business
The harnessing of nuclear power is the technological advance which best represents the ability of the human race to transform the environment for both good and bad. Nuclear power can be used either to destroy the earth or to improve greatly the quality of life for all persons. Attendant with this power is the problem of what to do with radioactive wastes left behind by the private and public uses of a technology not yet fifty years old. As wastes from nuclear power plants, government projects, and various fields of science continue to amass, attention is being focused increasingly on …
The Role Of The Black Market In China's International Financial System, Amy E. Yates
The Role Of The Black Market In China's International Financial System, Amy E. Yates
Northwestern Journal of International Law & Business
The dichotomy between China's political theory and its administrative reality is nowhere more apparent than in the system China has developed to manage the inflow of foreign reserves into the country. In order to avoid disturbing the domestic economy, the government developed an elaborate two-tiered currency system. In addition, the government issued a set of Foreign Control Regulations which placed restrictions on the use of exchange. The regulations purported to place the use of foreign exchange under a "unified national plan." In reality, however, beyond the reaches of the officially promulgated regulations, a thriving black market for foreign currency, foreign …
Mitsubishi Motors Corp. V. Soler Chrysler-Plymouth, Inc: International Arbitration And Antitrust Claims, Lisa Sopata
Mitsubishi Motors Corp. V. Soler Chrysler-Plymouth, Inc: International Arbitration And Antitrust Claims, Lisa Sopata
Northwestern Journal of International Law & Business
Arbitration is an attractive alternative for parties entering into commercial transactions. Parties to international contracts often include arbitration clauses in an attempt to protect their rights and to eliminate uncertainties in the event of a dispute. A court may nevertheless treat a given dispute as nonarbitrable if the issue is highly charged with conflicting public policy concerns. The United States Supreme Court in the recent landmark decision, Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth Inc., held that private antitrust claims are arbitrable in a transaction arising in international commerce. The court ruled in a five-to-three decision that if an international contract …