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Full-Text Articles in Law

The Role Of The Black Market In China's International Financial System, Amy E. Yates Jan 1986

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 …


The Conflict Between United States Securities Laws On Insider Trading And Swiss Bank Secrecy Laws, Ellen R. Levin Jan 1985

The Conflict Between United States Securities Laws On Insider Trading And Swiss Bank Secrecy Laws, Ellen R. Levin

Northwestern Journal of International Law & Business

In recent years the Swiss have grown defensive about the bad reputation their banks have earned for hiding so-called "dirty" money. A common perception is that through the protection of strict Swiss banking and commercial secrecy laws, Swiss numbered accounts hold the ill-gotten gains of organized crime, corrupt politicians, United States income tax evaders, and inside traders on United States securities markets. Both out of concern for preserving the integrity of what is regarded as Switzerland's most valuable asset -- its banking sector -- and in response to mounting criticism from abroad, Switzerland has agreed to help the United States …


Performance Bonds, Bankers' Guarantees, And The Mareva Injunction, Peter S. O'Driscoll Jan 1985

Performance Bonds, Bankers' Guarantees, And The Mareva Injunction, Peter S. O'Driscoll

Northwestern Journal of International Law & Business

Performance bonds and bankers' guarantees are common features of international sales and construction contracts. They figure prominently in contracts with buyers and employers in the Middle East. In recent years, the amounts represented by these instruments have grown so large that banks have begun to syndicate them in order to limit the exposure of any one bank. With so much at stake, it is imperative that traders, bankers, and lawyers understand the legal implications of performance bonds and bankers' guarantee agreements and the treatment of such agreements by the courts. This Comment will address some of the problems associated with …


Perspectives On Foreign Banking In The United States, Henry C. Wallich Jan 1983

Perspectives On Foreign Banking In The United States, Henry C. Wallich

Northwestern Journal of International Law & Business

Foreign banking has had a great expansion in the United States. This evolution has been accompanied by a variety of questions and concerns on the part of the public, American legislators and regulators, and American bankers. Many of these concrns have been allayed by the passage of the International Banking Act. Some nevertheless remain. To evalute them, I will begin by setting forth the benefits that foreign banks have brought to the United States. Then I will take a look at the principles that have guided and, I believe, should continue to guide United States' policy in this regard.


Exports, Banking And Antitrust: The Export Trading Company Act - A Modest Tool For Export Promotion, George E. Garvey Jan 1983

Exports, Banking And Antitrust: The Export Trading Company Act - A Modest Tool For Export Promotion, George E. Garvey

Northwestern Journal of International Law & Business

There is an almost universally held perceptoin that expanded export trade is essential to a robust United States economy. President Carter, for example, stated in a report to Congress that export expansion is critical to the health of our economy. Huge balance of payments deficits in recent years, the increasingly successfuly and visible penetration of United States markets by foreign producers, and substantial unemployment in basic industry have all fuedl this concern. These conditions have led naturally to a two-pronged response by the public and members of Congress: first, the call for greater protection against foreign competition; and second, a …


The Regulation Of Interstate Bank Branching Under The International Banking Act Of 1978: The Stevenson Compromise, Robert F. Jr. Van Patten Jan 1979

The Regulation Of Interstate Bank Branching Under The International Banking Act Of 1978: The Stevenson Compromise, Robert F. Jr. Van Patten

Northwestern Journal of International Law & Business

In recent years observers have noted a remarkable flow of capital into the United States; foreign investment has almost quadrupled within the last decade. A segment of the economy in which foreign penetration is dramatically evident is the American banking industry. ...It is this deft compromise, developed by Senator Adlai Stevenson which is the focus of this comment. The general history of the international banking legislation and positions supporting and opposing the regulation of interstate branching will be discussed. Thereafter, the elements of the Stevenson compromise will be explained and their efficacy illustrated. Finally, the current and potential effects of …