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Full-Text Articles in Law

Nafta And The Environment: A Trade-Friendly Approach, Bradly J. Condon Jan 1994

Nafta And The Environment: A Trade-Friendly Approach, Bradly J. Condon

Northwestern Journal of International Law & Business

Although the North American Free Trade Agreement, (NAFTA), contains more detailed environmental provisions than any previous trade agreement,' only some of them are mandatory. These mandatory NAFTA environmental rules purport to prevent the use of environmental policy instruments as disguised barriers to trade. Since most human activities have some impact on the environment, a vast array of government regulation could potentially be characterized as relating to the environment. This fact increases the risk that domestic industries will exploit political discretion over environmental policy implementation to put foreign competitors at a disadvantage by raising non-tariff barriers to trade. It is important …


Peace Vs. Accountability In Bosnia, Anthony D'Amato Jan 1994

Peace Vs. Accountability In Bosnia, Anthony D'Amato

Faculty Working Papers

Hovering over the peace negotiations in progress in former Yugoslavia is the international community's determination to bring to trial as war criminals those political and military leaders responsible for atrocities in Bosnia. The question clearly presented is that, however desirable the idea of war crimes accountability might appear in the abstract, pursuing the goal of a war crimes tribunal may simply result in prolonging a war of civilian atrocities. Is it not conceivable that, in return for securing a peace treaty, the UN officials may have extended some assurance to the leaders in former Yugoslavia that, one way or another, …


Economic Integration In The Americas: A Work In Progress, Kenneth W. Abbott, Gregory W. Bowman Jan 1994

Economic Integration In The Americas: A Work In Progress, Kenneth W. Abbott, Gregory W. Bowman

Northwestern Journal of International Law & Business

In the next section of the article, we provide an overview of the major subregional groupings and other institutional relationships now being created throughout Latin America. In Section III, we suggest two major goals that should guide the process of economic integration in the Americas: maintaining the multilateral economic system as the highest priority for the region and achieving regional integration at the hemispheric level. We then outline the principal approaches to economic integration currently being followed, or proposed, within the region-including bilateral agreements, subregional groupings, the expansion of NAFrA, and arrangements of continental scaleand assess these approaches as methods …


The Fatal Flaw In Nafta, Gatt And All Other Trade Agreements, Robert W. Mcgee Jan 1994

The Fatal Flaw In Nafta, Gatt And All Other Trade Agreements, Robert W. Mcgee

Northwestern Journal of International Law & Business

Although the North American Free Trade Agreement, (NAFTA), contains more detailed environmental provisions than any previous trade agreement,' only some of them are mandatory. These mandatory NAFTA environmental rules purport to prevent the use of environmental policy instruments as disguised barriers to trade. Since most human activities have some impact on the environment, a vast array of government regulation could potentially be characterized as relating to the environment. This fact increases the risk that domestic industries will exploit political discretion over environmental policy implementation to put foreign competitors at a disadvantage by raising non-tariff barriers to trade. It is important …


Rx: Just What The Doctor Ordered: International Standards For Medical Devices, Mindy H. Chapman Jan 1994

Rx: Just What The Doctor Ordered: International Standards For Medical Devices, Mindy H. Chapman

Northwestern Journal of International Law & Business

This Comment demonstrates why the FDA should amend its medical device regulations to emulate those of the European Community. There are two major benefits of a single set of international standards. First, a single set of international standards assures safe medical devices both in the United States and on the international market. Second, the United States will have a greater opportunity to export medical devices to the newly prosperous European Community resulting in greater financial returns and job opportunities for Americans.


Book Review: Sovereignty, Statehood And Self-Determination: A Review Of Claims To Statehood In International Law, M R. Franks Jan 1994

Book Review: Sovereignty, Statehood And Self-Determination: A Review Of Claims To Statehood In International Law, M R. Franks

Northwestern Journal of International Law & Business

To tour the world while examining the various claims to sovereignty over virtually every inch, one may read Nil Lante Wallace-Bruce's book, Claims to Statehood in International Law. His book is a fascinating excursion through the "four worlds." Although the origin of the terminology is obscure,' the term "First World" clearly refers to capitalist countries historically belonging to NATO and the Organization for Economic Cooperation and Development (OECD). The term "Second World" refers to the former Soviet Bloc. The term "Third World" refers to everything else, and has come to mean economically developing countries.2 More recently, the term "Fourth World" …