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2005

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Beyond The Alien Tort Claims Act: Alternative Approaches To Attributing Liability To Corporations For Extraterritorial Abuses, Barnali Choudhury Jan 2005

Beyond The Alien Tort Claims Act: Alternative Approaches To Attributing Liability To Corporations For Extraterritorial Abuses, Barnali Choudhury

Northwestern Journal of International Law & Business

At one time, the only social responsibility of a business was to increase its profits. During this period, businesses prized dictatorships for their ability to provide stable environments and consumers were not concerned with either where or by whom the shoes they wore were made. However, the increase in globalization changed perceptions. Multinational corporations ("MNCs") began to benefit immensely from globalization and those outside of the MNC environment started to realize that an MNC's profit gains brought about a corresponding responsibility to manage any adverse effects of producing those gains . Suddenly, a company's success was measured by factors other …

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Global Diseases, Global Patents And Differential Treatment In Wto Law: Criteria For Suspending Patent Obligations In Developing Countries, Bradly Condon, Tapen Sinha Jan 2005

Global Diseases, Global Patents And Differential Treatment In Wto Law: Criteria For Suspending Patent Obligations In Developing Countries, Bradly Condon, Tapen Sinha

Northwestern Journal of International Law & Business

Special and differential treatment of members is a controversial subject at the World Trade Organization ("WTO") and nowhere is the debate more pronounced than in the context of life-saving medicines and patent protection. However, concerns have been raised in WTO negotiations regarding how to ensure that special and differential treatment targets developing countries' trade, financial and development needs, without prejudicing the rights of other WTO members. In the fall of 2003, the WTO adopted a decision to amend the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS") in order to enhance access to essential medicines in developing countries. In …

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Shock Therapy' For Aktiengesellschaften: Can The Sarbanes-Oxley Certification Requirements Transform German Corporate Culture, Practice And Prospects?, Hudson T. Hollister Jan 2005

Shock Therapy' For Aktiengesellschaften: Can The Sarbanes-Oxley Certification Requirements Transform German Corporate Culture, Practice And Prospects?, Hudson T. Hollister

Northwestern Journal of International Law & Business

The Sarbanes-Oxley Act (Act) of 20021 was the U.S. Congress's hasty response to the wave of corporate scandals that had begun to devastate U.S. investor confidence during the previous year. Its sixty-six pages contain a wide range of measures designed to enhance the quality and independence of corporate audits and disclosure under the U.S. securities-regulation regime. The Act applies to public corporations-corporations that are required to file regular financial reports under the Securities Exchange Act of 1934 (Exchange Act). Objections from German corporations and observers were particularly vigorous. At least one German foreign private issuer registered with the SEC has …

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Copy Right And Copy Wrong: Dvd Jon And 321 Studios Take On The Movie Industry, Stephen Liu Jan 2005

Copy Right And Copy Wrong: Dvd Jon And 321 Studios Take On The Movie Industry, Stephen Liu

The International Lawyer

No abstract provided.

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International Trade, Matthew S. Dunne, Kristy Balsanek, Dean Barclay, Andrea Ewart Jan 2005

International Trade, Matthew S. Dunne, Kristy Balsanek, Dean Barclay, Andrea Ewart

The International Lawyer

No abstract provided.

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Democracy And The Rule Of Law, Kay Bailey Hutchison Jan 2005

Democracy And The Rule Of Law, Kay Bailey Hutchison

The International Lawyer

No abstract provided.

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International Intellectual Property, Melvyn J. Simburg, Suong T. Nguyen, Julie Lipscomb, Bruce Horowitz Jan 2005

International Intellectual Property, Melvyn J. Simburg, Suong T. Nguyen, Julie Lipscomb, Bruce Horowitz

The International Lawyer

No abstract provided.

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Information Services, Technology, And Data Protection, Michael E. Burke, Demetrios Eleftheriou, Marco Berliri, Giulio Coraggio Jan 2005

Information Services, Technology, And Data Protection, Michael E. Burke, Demetrios Eleftheriou, Marco Berliri, Giulio Coraggio

The International Lawyer

No abstract provided.

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Comparative Advertising In The United States And In France, Charlotte J. Romano Jan 2005

Comparative Advertising In The United States And In France, Charlotte J. Romano

Northwestern Journal of International Law & Business

Comparative advertising has been widely used for over thirty years in the United States. By contrast, the use of this advertising format has traditionally been-and still is-very marginal in France. The term "comparative advertising" refers to any form of advertising in which a trademark owner draws a comparison between his product, service, or brand and that of a competitor. The central issue of this article is to determine why, despite identical guiding policies, comparative advertising remains unusual in France while it is commonplace in the United States. Attempting to answer that question unavoidably raises numerous related issues: can the two …

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Choice Of Short-Term And Long-Term Debt In Five Eastern European Countries, Anoop Rai, Victoria Danilevskaia Jan 2005

Choice Of Short-Term And Long-Term Debt In Five Eastern European Countries, Anoop Rai, Victoria Danilevskaia

Journal of International Business and Law

No abstract provided.

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Front Matter Jan 2005

Front Matter

Journal of International Business and Law

No abstract provided.

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The Vietnamese Judiciary: The Politics Of Appointment And Promotion, Penelope (Pip) Nicholson, Nguyen Hung Quang Jan 2005

The Vietnamese Judiciary: The Politics Of Appointment And Promotion, Penelope (Pip) Nicholson, Nguyen Hung Quang

Washington International Law Journal

This Article contends that while the Vietnamese judiciary and court system have been the subject of not insignificant reforms over the last two years, they remain political institutions. More particularly, our analysis of the manner and criteria for the appointment and dismissal of judicial officers characterizes these officers as having to act within the auspices of the Communist Party of Vietnam, despite reforms having been introduced that cast the courts as more independent.

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The Heart Of Fiji's Land Tenure Conflict: The Law Of Tradition And Vakavanua, The Customary "Way Of The Land", John Crosetto Jan 2005

The Heart Of Fiji's Land Tenure Conflict: The Law Of Tradition And Vakavanua, The Customary "Way Of The Land", John Crosetto

Washington International Law Journal

In an effort to ease racial tension and the resulting political unrest, recent law reform in Fiji has focused on land tenure. Political coups in the wake of expiring agricultural leases demonstrate that the current tenure system fails to provide the security and predictability demanded by both Fijian owners and Indian tenants. Current law reform theory advocates adapting the rule of law to the local context to promote human rights and self-determination. A problem lies, however, in identifying the institutions and interests that define Fiji's local context. In addition to the country's divided ethnic population, Fiji's "tradition" is largely defined …

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Mapping The Law Of Legalizing Maps: The Implications Of The Emerging Rule On Map Evidence In International Law, Hyung K. Lee Jan 2005

Mapping The Law Of Legalizing Maps: The Implications Of The Emerging Rule On Map Evidence In International Law, Hyung K. Lee

Washington International Law Journal

Parties to boundary and territory disputes often rely on maps favorable to their claims. Traditional international law, however, restricts the evidentiary value of maps so that they provide only collateral, rather than probative evidence of title. Although international tribunals have not yet abrogated the traditional rule on map evidence, their recent decisions show willingness to depart from it in certain circumstances. The emerging new rule on map evidence poses intriguing theoretical as well as practical questions. This Comment analyzes several decisions of the International Court of Justice and the Permanent Court of Arbitration to reveal the evolution in the status …

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Discussion Following The Speeches Of Ambassador Esserman And Mr. Potter Section1: Canada And U.S Approaches To Free Trade Agreements - Canadian Speaker, Discussion Jan 2005

Discussion Following The Speeches Of Ambassador Esserman And Mr. Potter Section1: Canada And U.S Approaches To Free Trade Agreements - Canadian Speaker, Discussion

Canada-United States Law Journal

No abstract provided.

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A Deadly Dilemma: The Failure Of Nations’ Organ Procurement Systems And Potential Reform Alternatives, Christy M. Watkins Jan 2005

A Deadly Dilemma: The Failure Of Nations’ Organ Procurement Systems And Potential Reform Alternatives, Christy M. Watkins

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

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The Sacrifice Of Jean Kambanda: A Comparative Analysis Of The Right To Counsel In The International Criminal Tribunal For Rwanda And The United States, With Emphasis On Prosecutor V. Jean Kambanda, Kelly Xi Huei Lalith Ranasinghe Jan 2005

The Sacrifice Of Jean Kambanda: A Comparative Analysis Of The Right To Counsel In The International Criminal Tribunal For Rwanda And The United States, With Emphasis On Prosecutor V. Jean Kambanda, Kelly Xi Huei Lalith Ranasinghe

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

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After The Argentine Crisis: Can The Imf Prevent Corruption In Its Lending? A Model Approach, Juan Carlos Linares Jan 2005

After The Argentine Crisis: Can The Imf Prevent Corruption In Its Lending? A Model Approach, Juan Carlos Linares

Richmond Journal of Global Law & Business

No abstract provided.

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Informal Procedure, Hard And Soft, In International Administration, David Zaring Jan 2005

Informal Procedure, Hard And Soft, In International Administration, David Zaring

Chicago Journal of International Law

Administration has, in many of its most important subject areas, become internationalized. This transformation has removed the regulation of goods and services from domestic rulemaking and transformed it into a matter for supranational agreement. It has taken review away from the courts and made administration an exercise in bureaucratic collaboration. And it has occurred quiedy-not through laws passed by legislatures, treaties agreed to by executives, or mandates lain down by international organizations such as the United Nations. Instead, the internationalization of regulation has happened informally, and the primary impetus for its development has been domestic bureaucracies themselves. Even though areas …

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Legal Frameworks To Combat Terrorism: An Abundant Inventory Of Existing Tools, Gabor Rona Jan 2005

Legal Frameworks To Combat Terrorism: An Abundant Inventory Of Existing Tools, Gabor Rona

Chicago Journal of International Law

I want to address the big issues suggested by the tide of our panel- "Developing a Legal Framework to Combat Terrorism"-which assumes the need to fill a large void. While there will always be room for tinkering around the margins of any legal framework, the implication that a new one needs to be developed specifically to combat terrorism is doubtful. At the very least, we should be sceptical of the view that the complementary frameworks of criminal law, human rights law, the web of multilateral and bilateral arrangements for interstate cooperation in police work and judicial assistance, and the law …

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The Bush Administration's Forward Strategy For Nonproliferation, John R. Bolton Jan 2005

The Bush Administration's Forward Strategy For Nonproliferation, John R. Bolton

Chicago Journal of International Law

It is good to be home among so many friends at the American Enterprise Institute ("AEI"). I am particularly happy that Jeremy Rabkin and AEI have just published The Case for Sovereigno: Why the World Should Welcome American Independence. I congratulate him on his far-reaching analysis, in which he reinforces that security remains the core responsibility of sovereign states. I thought it would be useful today to look at our nonproliferation policy in this context, and the degree to which the Bush Administration has launched initiatives that work cooperatively with other sovereign states to deny rogue nations and terrorists access …

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Problems With Sharing The Pirates’ Booty: An Analysis Of Trips, The Copyright Divide Between The United States And China & Two Potential Solutions, Manesh Jiten Shah Jan 2005

Problems With Sharing The Pirates’ Booty: An Analysis Of Trips, The Copyright Divide Between The United States And China & Two Potential Solutions, Manesh Jiten Shah

Richmond Journal of Global Law & Business

No abstract provided.

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Labor Standards In Recent U.S. Trade Agreements, William (Bud) Clatanoff Jan 2005

Labor Standards In Recent U.S. Trade Agreements, William (Bud) Clatanoff

Richmond Journal of Global Law & Business

No abstract provided.

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Filtering The Smoke Out Of Cigarette Websites: A Technological Solution To Enforcing Judgments Against Offshore Websites, Michael Kwon Jan 2005

Filtering The Smoke Out Of Cigarette Websites: A Technological Solution To Enforcing Judgments Against Offshore Websites, Michael Kwon

Brooklyn Journal of International Law

No abstract provided.

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Courting Islam: Practical Alternatives To A Muslim Family Court In Ontario, Laureve Blackstone Jan 2005

Courting Islam: Practical Alternatives To A Muslim Family Court In Ontario, Laureve Blackstone

Brooklyn Journal of International Law

No abstract provided.

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International Health Law, Jonathan Todres, Pamela L. Marcogliese Jan 2005

International Health Law, Jonathan Todres, Pamela L. Marcogliese

The International Lawyer

No abstract provided.

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International Cultural Property, Patty Gerstenblith, Bonnie Czegledi Jan 2005

International Cultural Property, Patty Gerstenblith, Bonnie Czegledi

The International Lawyer

No abstract provided.

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Introduction, Peter Winship, Louise Ellen Teitz Jan 2005

Introduction, Peter Winship, Louise Ellen Teitz

The International Lawyer

No abstract provided.

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The Caribbean, Lillian Crawford-Abbensetts, Andrea Ewart, Douglas Earl Mclaren Jan 2005

The Caribbean, Lillian Crawford-Abbensetts, Andrea Ewart, Douglas Earl Mclaren

The International Lawyer

No abstract provided.

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Setting A Global Standard: The Case For Accounting Convergence, David Tweedie, Thomas R. Seidenstein Jan 2005

Setting A Global Standard: The Case For Accounting Convergence, David Tweedie, Thomas R. Seidenstein

Northwestern Journal of International Law & Business

As capital markets play an increasingly central role in today's modern economies, policy-makers are confronted with the question of how to assure the continued effective functioning of these markets and, in particular, how to develop a sound financial reporting infrastructure. Recent experience suggests that such a reporting infrastructure must be built on accounting standards that are consistent, comprehensive, and based on clear principles to enable financial reports to reflect underlying economic reality.

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