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Articles 1 - 15 of 15
Full-Text Articles in International Law
Foreward: Mergers, Market Access And The Millennium, Eleanor M. Fox
Foreward: Mergers, Market Access And The Millennium, Eleanor M. Fox
Northwestern Journal of International Law & Business
The symposium issue is a nice microcosm of the competition law issues facing the world. It presents the tensions between national control and world integration. It presents the twin, conflicting impulses to eschew internationalization, hoping to do well enough by deepened positive comity (Waller), and to embrace internationalization at least cautiously to address concerns where unharnessed operation of national interests obstructs efficient solutions and where internationalization is most likely to sidestep the political landmines (Fiebig).
Investing In China's Telecommunications Market: Reflections On The Rule Of Law And Foreign Investment In China, Leontine D. Chuang
Investing In China's Telecommunications Market: Reflections On The Rule Of Law And Foreign Investment In China, Leontine D. Chuang
Northwestern Journal of International Law & Business
The lack of clarity in China's investment laws has translated into an investment environment that is often uncertain, risky, and mired in red tape. In fact, there have been cases where foreign corporations have invested in joint ventures following what they thought to be all the requisite guidelines, only to find out after the money had exchanged hands that something was terribly wrong with the entire agreement. A perfect example of this is the birth, development, and eventual demise of the ill-fated China-China-Foreign (hereinafter "CCF") investment vehicles used for investment in China's telecommunications industry in the past few years. This …
Argentina And The Telecommunications Industry: The Difficult But Necessary Path Toward Liberalization, Vanessa P. Rubinstein
Argentina And The Telecommunications Industry: The Difficult But Necessary Path Toward Liberalization, Vanessa P. Rubinstein
Northwestern Journal of International Law & Business
This article provides a synopsis of Argentina's telecommunications industry and examines the compelling reasons why Argentina must effectively liberalize the industry while eliminating its hidden protectionist policies. Part II presents a historical overview of the Argentina's telecommunications industry and analyzes Argentina's domestic laws requiring liberalization. Part III explores the main economic policy reasons for why liberalization of the Argentine telecommunications industry is essential. Part IV offers recommendations to better achieve effective development, liberalization and competition in the telecommunications industry. This article concludes that Argentina must completely liberalize its telecommunications industry for basic services, thereby abiding by its domestic legal commitments …
Can U.S. Antitrust Laws Open International Markets?, Spencer Weber Waller
Can U.S. Antitrust Laws Open International Markets?, Spencer Weber Waller
Northwestern Journal of International Law & Business
The vigorous and non-discriminatory enforcement of antitrust law can contribute to promoting an international marketplace characterized by an open competitive process. However, antitrust law is, at best, a supporting player in constructing a liberal multilateral trading order, and is incapable of promoting any single country's exports. This article suggests a small, but important, role for United States antitrust law in promoting that competitive marketplace in conjunction with a developing wave of competition law around the globe.
A Role For The Wto In International Merger Control, Andre Fiebig
A Role For The Wto In International Merger Control, Andre Fiebig
Northwestern Journal of International Law & Business
Although this paper follows on those new proposals, and addresses many of the same problems, the international merger control regime proposed here fundamentally differs in its approach. Although there is certainly a beneficial role for an international institution in merger control, the current proposals are too ambitious. Instead of focussing on the allocation of cross-border transactions, this paper suggests that the focus should be on the cases which present no treat to competition, and yet are scrutinized by several different national competition law regulators. An international institution, probably within the framework of the World Trade Organization ("WTO"), should be created …
The Treatment Of Global Mergers: An Australian Perspective, S.G. Corones
The Treatment Of Global Mergers: An Australian Perspective, S.G. Corones
Northwestern Journal of International Law & Business
The purpose of this article is to examine some recent global mergers from an Australian perspective. The article begins by considering the administrative tribunal and Court structure in Australia, as well as the procedural, substantive. and remedial aspects of Australian laws regulating global mergers. It then considers the Merger Guidelines and their focus on the unilateral and co-ordinated post-merger effects that are likely to occur. The article examines a number of recent global mergers. including Coopers & Lybrand/Price Waterhouse, BAT/Rothmans, Pepsi Co/Smith's Snack Foods and Coca-Cola/Cadbury Schweppes, as well as their assessment by the ACCC. Finally, it considers some of …
Transnational Competition Law Aspects Of Mergers And Acquisitions, William M. Hannay
Transnational Competition Law Aspects Of Mergers And Acquisitions, William M. Hannay
Northwestern Journal of International Law & Business
As more and more U.S. companies engage in overseas operations, even the most routine merger or acquisition seems to have a transnational component which requires analysis and perhaps premerger notification under an increasing number of foreign "competition laws" (or what we call antitrust laws). An understanding of those competition rules has become an imperative for American lawyers.
Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber
Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber
Northwestern Journal of International Law & Business
Kingman Brewster's exceptionally influential Antitrust and American Business Abroad (1958) came to symbolize an era in antitrust law and in the relationship of U.S. business to international economic activity. It gave conceptual contours to a fundamental problem that had been only dimly perceived before -- namely, the need to define the reach of U.S. antitrust law.' In a masterful and much expanded third edition of the book, Professor Spencer Waller marks the transition to a new, very different, and far more complex era in antitrust law and in its significance for international business. We have only begun to recognize and …
Wives For Sale: The Modern International Mail-Order Bride Industry, Kathryn A. Lloyd
Wives For Sale: The Modern International Mail-Order Bride Industry, Kathryn A. Lloyd
Northwestern Journal of International Law & Business
This comment begins by discussing the mail-order bride industry in the context of international human trafficking, focusing on traffic between the United States and the Philippines, and includes an overview of the current regulations that exist regarding this industry. It then gives an overview of the major criticisms of the mail-order bride industry, the international problems created by the practice of trafficking women as brides, and the failure of current regulations in the United States and the Philippines (or the lack thereof) to address these problems. Finally, this comment calls for international regulation that would begin to address these problems, …
Foreword: The Rocky Road Toward The Rule Of Law In China: 1979-2000, James Hugo Friend
Foreword: The Rocky Road Toward The Rule Of Law In China: 1979-2000, James Hugo Friend
Northwestern Journal of International Law & Business
This Twentieth Anniversary Issue of JILB again has a symposium on law in China entitled China Revisited: Examining the Rule of Law After Twenty Years." The impetus for the 2000 China Symposium is the unprecedented integration of China into the world economic community, evidenced by China's imminent entry into the World Trade Organization ("WTO").2 The road to China's integration into the WTO was paved by the U. S. Senate's recent vote, "the most significant advance in U.S.-China relations since President Nixon's 1972 visit,'13 which grants China permanent normalized trade relations without annual Congressional review. Although the Senate approval was expected, …
Bird In A Cage: Chinese Law Reform After Twenty Years, Stanley Lubman
Bird In A Cage: Chinese Law Reform After Twenty Years, Stanley Lubman
Northwestern Journal of International Law & Business
When I wrote in 1979, it was easy to summarize the state of Chinese legal institutions because they were so sparse. Although a judicial system had been created on the Soviet model in the 1950s, it had been politicized by the end of that decade after a brief period of liberalization, and then further wrecked by the Cultural Revolution. A new period of institution-building began in 1979; reconstruction of the courts began and the law schools, closed for a decade, reopened. Most fundamentally, the policies of the Chinese leadership seemed to promise, as I noted then, "attempts to conceptualize and …
Enforcement Against Counterfeiting In The People's Republic Of China, Daniel C.K. Chow
Enforcement Against Counterfeiting In The People's Republic Of China, Daniel C.K. Chow
Northwestern Journal of International Law & Business
Although the discussion in this Article is limited to counterfeiting in China, many of the issues discussed are endemic to the Chinese legal system as a whole, and apply also to other intellectual property rights, such as copyright piracy and patent infringements. Moreover, many of the themes raised in this Article also illuminate the current state of the nascent Chinese legal system as a whole and how its capacity is tested as it continues the struggle to keep pace with China's many economic reforms and accompanying social changes. Part I of this Article begins with a review of the enforcement …
Perspective: Foreign Direct Investments In China - Practical Problems Of Complying With China's Company Law And Laws For Foreign-Invested Enterprises, Anyuan Yuan
Northwestern Journal of International Law & Business
Foreign investors in China face a legal system and legal issues that are very different from those found in the United States. This article seeks to illustrate some of the important differences in China's corporate law that govern or affect foreign investors' interests. The purpose of this article is to help foreign investors become aware of legal problems and investment risks in creating a foreign-invested enterprise in China. This article also proposes changes to existing Chinese laws that will more reasonably accommodate the legal concerns and protect the legal interests of foreign investors (as well as incidentally benefiting domestic Chinese …
Reformation Of The Ec Competition Policy On Vertical Restraints, Georg Terhorst
Reformation Of The Ec Competition Policy On Vertical Restraints, Georg Terhorst
Northwestern Journal of International Law & Business
In the present article, I present the main issues surrounding the reform process, its reasoning and the result it brought to the European Community's ("EC") competition policy on vertical restraints. Furthermore, I summarize some of the reactions by other bodies of the EC and industry sectors toward this reform process. Finally, I will discuss the responses by business toward these changes in the EC rules to vertical restraints and the way enterprises will operate in the Member States of the EC.
Chinese Law, Trade And The New Century, Robert C. Berring
Chinese Law, Trade And The New Century, Robert C. Berring
Northwestern Journal of International Law & Business
China crammed a great deal of political activity into the 20th Century. In the year 1900 the Q'ing Dynasty still ruled the remnants of an ancient empire. The Q'ing conspired with rebels in the Boxer Rebellion in the hopes of expelling all foreigners from Chinese soil and returning to splendid isolation. In the year 2000 China is a superpower balancing communist theory and a capitalist market that is about to join the World Trade Organization. The intervening years saw warlords, democrats, fascists, Marxists and all stripes of communists leading the world's largest nation. As China enters the new millennium of …