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Articles 421 - 429 of 429
Full-Text Articles in International Law
Is Somebody "Crying Wolf"?: An Assessment Of Whether Antitrust Impedes Export Trade, John Will Ongman
Is Somebody "Crying Wolf"?: An Assessment Of Whether Antitrust Impedes Export Trade, John Will Ongman
Northwestern Journal of International Law & Business
The impact of the United States antitrust laws on American exports has in recent years become a controversial issue, especially in view of the increasing U.S, trade deficit. In this article, Mr. Ongman employs economic analysis to determine the desirability of a protectionistic Sherman Act. He concludes that such a policy, resulting in foreign retaliation and spillover into the domestic market, would be unwise.
The U.N. Law Of The Sea Conference And The U.S. Congress: Will Pending U.S. Unilateral Action On Deep Seabed Mining Destroy Hope For A Treaty?, Paul N. Jr. Mccloskey, Ronald K. Losch
The U.N. Law Of The Sea Conference And The U.S. Congress: Will Pending U.S. Unilateral Action On Deep Seabed Mining Destroy Hope For A Treaty?, Paul N. Jr. Mccloskey, Ronald K. Losch
Northwestern Journal of International Law & Business
The eighth session of the United Nations Law of the Sea Conference convened recently in Geneva, Switzerland. A major unresolved issue at the Conference was the question of international regulation of deep seabed mining. In this article, Representative McCloskey and Attorney Losch discuss U.S. interests in achieving a comprehensive Law of the Sea Treaty, the sometimes conflicting objectives of other nations, and the effect that unilateral action by the U.S. Congress to legislate deep seabed mining could have on the successful completion of a treaty.
Reconciling National Interests In The Regulation Of International Business, Stanley J. Marcuss, Dale P. Butland
Reconciling National Interests In The Regulation Of International Business, Stanley J. Marcuss, Dale P. Butland
Northwestern Journal of International Law & Business
In an increasingly integrated world where political and economic issues are deeply intertwined, the regulation of international business activity raises complex problems in international law. The existence of the multinational corporation, which is possessed of multiple identities and therefore subject to the jurisdiction of both "home" nations, where it is headquartered, and "host" nations, where its subsidiaries are located, makes the potentiality of jurisdictional disputes among nations particularly acute. While attempts to apply United States law to American foreign subsidiaries virtually ensures conflicts among jurisdictions, excusing subsidiaries from compliance with domestic law could seriously undermine comprehensive regulatory activity. It could …
German Merger Control: A European Approach To Anticompetitive Takeovers, Rolf Belke, W. David Braun
German Merger Control: A European Approach To Anticompetitive Takeovers, Rolf Belke, W. David Braun
Northwestern Journal of International Law & Business
European free-market countries recently have begun to enact more laws regulating mergers and joint-ventures, with Germany at the forefront. In this article, Messrs. Belke and Braun intensively analyze the German merger control law, including the criteria that necessitate a report to the German Cartel Office, its application of the substantive merger control rules, and possible exceptions to an anti-merger ruling. They also explore the impact of the German law on international mergers and joint-ventures. Finally, they discuss in detail the first two German Supreme Court decisions that construed the substantive rules and contrast them with similar American cases.
The Value Of Territorial And Field-Of-Use Restrictions In The International Licensing Of Unpatented Know-How: An Empirical Study, Joel A. Bleeke, James A. Rahl
The Value Of Territorial And Field-Of-Use Restrictions In The International Licensing Of Unpatented Know-How: An Empirical Study, Joel A. Bleeke, James A. Rahl
Northwestern Journal of International Law & Business
Data concerning the international transfer of technology, particularly in the area of unpatented know-how, are relatively scarce. In this article, Mr. Bleeke and Professor Rahl present the results of one of the first empirical studies conducted in this field. The study, in which signifcant information was gathered from United States corporate licensing attorneys and executives, is focused upon the extent to which territorial and field-of-use restrictions are necessary to facilitate the international transfer of unpatented know-how. The results provide a clearer picturefor both policy makers and practitioners in the field.
United States Ocean Shipping: The History, Development, And Decline Of The Conference Antitrust Exemption, F. Conger Fawcett, David C. Nolan
United States Ocean Shipping: The History, Development, And Decline Of The Conference Antitrust Exemption, F. Conger Fawcett, David C. Nolan
Northwestern Journal of International Law & Business
Since the beginning of this century, the United States has attempted to regulate the shipping industry through governmental oversight. In this article, Messrs. Fawcett and Nolan examine the Shiping Act of 1916, and consider whether it has been misinterpreted by recent judicial interpretations. The authors conclude that the courts' application of United States antitrust laws to the activities of shipping conferences is contrary to congressional intent and the best interests of the industry and American commerce.
Nuclear Waste Disposal: An International Legal Perspective, Leonard S. Spector, Geoffrey B. Shields
Nuclear Waste Disposal: An International Legal Perspective, Leonard S. Spector, Geoffrey B. Shields
Northwestern Journal of International Law & Business
As the world contends with an energy shortage, the development of alternative sources of energy has become a critical problem. Nuclear power is both an obvious and controversial alternative to traditional fossil fuels. Associated with the use of nuclear power is the important question of nuclear waste disposal. In this article, Messrs. Shields and Spector discuss the nuclear fuel cycle, bring together a survey of how countries around the world are dealing with the question of nuclear waste disposal both domestically and on an international level, and make suggestions for a more aggressive international regulation of nuclear waste disposal.
Changes In Presidential Powers Over The Awarding Of International Air Routes: Effects And Implications Of Section 801(A) Of The Airline Deregulation Act Of 1978, Jeffrey I. Langer
Changes In Presidential Powers Over The Awarding Of International Air Routes: Effects And Implications Of Section 801(A) Of The Airline Deregulation Act Of 1978, Jeffrey I. Langer
Northwestern Journal of International Law & Business
Congress amended the international air route-awarding procedures established in earlier legislation when it enacted section 801(a) of the Airline Deregulation Act of 1978. Changes in the procedures were necessary for two reasons. First, the original route-licensing scheme was designed by Congress to balance presidential discretion concerning defense and foreign policy with congressional authority over foreign commerce. However, by precluding judicial review of challenges by foreign air carriers, Congress thwarted its own intent and established the President as the final authority in awarding routes to such carriers. Secondly, by also precluding review of certain challenges by citizen carriers, the courts destroyed …
The Effects Of United States Antitrust Laws On The International Operations Of American Firms, Melvin Schwechter, Richard Schepard
The Effects Of United States Antitrust Laws On The International Operations Of American Firms, Melvin Schwechter, Richard Schepard
Northwestern Journal of International Law & Business
United States antitrust laws increasingly have affected the international activities of U.S. corporations. The business community maintains that these laws have hurt international operations. In this article, Messrs. Schwechter and Schepard consider five major areas of concern to American businessmen: potential antitrust attacks upon licensing agreements, use of the foreign sovereign compulsion doctrine as an antitrust defense, subject matter jurisdiction and discovery, application of the "rule of reason" to international joint ventures, and the multifaceted nature of antitrust enforcement. They then discuss the Justice Department's response to the business community and propose several recommendations that should help United States firms …