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Full-Text Articles in Law
International Governance Through Trade Agreements: Patent Protection For Essential Medicines, Judy Rein
International Governance Through Trade Agreements: Patent Protection For Essential Medicines, Judy Rein
Northwestern Journal of International Law & Business
This paper examines the current conflicts surrounding the implementation of patent protection for pharmaceuticals. Part II outlines the specifics of trade agreements shaping the global intellectual property regime and the consequences for governments seeking to devise an essential drugs policy. Part III analyzes the process of obtaining consensus and compliance with patent protection rules through the negotiation and implementation of trade agreements, and the utilization of dispute settlement mechanisms. This section also examines the aggressive application of unilateral measures to induce adherence to levels of protection beyond those established at the multilateral and regional level. Part IV considers alternative approaches …
Switzerland & The International Trade In Art & Antiquities, Michele Kunitz
Switzerland & The International Trade In Art & Antiquities, Michele Kunitz
Northwestern Journal of International Law & Business
Recently, Switzerland has proposed a law that would significantly tighten its regulation of the antiquities trade. The draft law seeks to comport Swiss law with the broad goals of international conventions on the protection and transfer of cultural property. However, given Switzerland's past reluctance to curtail the illicit trade in antiquities, it remains unclear whether this measure will pass or if passed, whether the law would be adequately enforced. The primary aim of this Comment is to detail the history of international law as it pertains to cultural property and draw attention to the Swiss role in fostering the illicit …
Trade And Environment: How Should Wto Panels Review Environmental Regulations Under Gatt Articles Iii And Xx, Kazumochi Kometani
Trade And Environment: How Should Wto Panels Review Environmental Regulations Under Gatt Articles Iii And Xx, Kazumochi Kometani
Northwestern Journal of International Law & Business
The article discusses a GATT/WTO panel report that the author disagrees with and it lays out the proposals that he would implement to modify the report.
Worker Rights In The Post-1992 European Communities: What "Social Europe" Means To United States-Based Multinational Employers, Donald C. Jr. Dowling
Worker Rights In The Post-1992 European Communities: What "Social Europe" Means To United States-Based Multinational Employers, Donald C. Jr. Dowling
Northwestern Journal of International Law & Business
The United States media have extensively covered the trade angle of the European Communities [EC] program to create a "single market" by the end of 1992. The media coverage has spotlighted the benefits the EC market will offer multinational corporations, such as the market's "economies of scale" and its 320 million consumer block. By now this 1992 news has sunk in, and many United States corporations are assessing how they might exploit the soon-to-be unified EC market.
United States Coastwise Trading Restrictions: A Comparison Of Recent Customs Service Rulings With The Legislative Purpose Of The Jones Act And The Demands Of A Global Economy, Robert L. Mcgeorge
United States Coastwise Trading Restrictions: A Comparison Of Recent Customs Service Rulings With The Legislative Purpose Of The Jones Act And The Demands Of A Global Economy, Robert L. Mcgeorge
Northwestern Journal of International Law & Business
Fierce policy disputes are inevitable whenever two basic, widely-accepted principles intersect in a situation where one must prevail and the other give way. In the maritime field, these disputes occur whenever a nation-state is forced to choose between promoting free and open trade in maritime services or protecting its domestic merchant marine. The clash of these policies has generated vigorous debates in the United States on a wide variety of maritime issues (e.g., cargo preference requirements, operating and construction differential subsidies, vessel construction loan guarantee programs and whether to retaliate against foreign countries' attempts to reserve import and export trades …
Japanese View Of United States Trade Laws, A , Mitsuo Matsushita
Japanese View Of United States Trade Laws, A , Mitsuo Matsushita
Northwestern Journal of International Law & Business
The purpose of this Article is to present a Japanese view of United States trade laws, concentrating on the differences between the United States and the Japanese laws. This Article will address the questions of whether United States trade laws have been used for protectionist purposes and whether there are inconsistencies and conflicts within United States trade laws. Finally, this Article will discuss Japanese suggestions for the enforcement of United States trade laws. The views expressed here are neither those of the Japanese business community nor those of the Japanese government; they are solely the views of the author, who …
Changing Patterns Of Protectionism: The Fall In Tariffs And The Rise In Non-Tariff Barriers Symposium: The Political Economy Of International Trade Law And Policy , Edward John Ray
Changing Patterns Of Protectionism: The Fall In Tariffs And The Rise In Non-Tariff Barriers Symposium: The Political Economy Of International Trade Law And Policy , Edward John Ray
Northwestern Journal of International Law & Business
The model constructed in this Article explains how the efforts of special interest groups within a nation interact with its domestic political and foreign policy objectives to influence the nation's overall structure of trade regulations. Section II of the Article, therefore, begins by providing a simple analytical framework which can help to explain the evolution of both the pattern and the level of protectionism in the United States and other countries.2 Section III of the Article reviews the history of United States trade policy and summarizes the current economic and political climate for protectionist legislation in the United States. The …
United States Trade Protectionism: Institutions, Norms, And Practices Symposium: The Political Economy Of International Trade Law And Policy , Michael Borrus, Judith Goldstein
United States Trade Protectionism: Institutions, Norms, And Practices Symposium: The Political Economy Of International Trade Law And Policy , Michael Borrus, Judith Goldstein
Northwestern Journal of International Law & Business
is Article first explores the origins and evolution of existing trade norms and institutions.7 Then, as an example of the pressures on and potential responses open to United States industry, the Article turns to the recent experiences of the United States semiconductor industry.8 The Article concludes with some thoughts on the future of trade policymaking institutions, including the insight that the failure in United States trade policy has been in part due to the lack of ideas on how the United States should respond to foreign competition in a burgeoning world economy.
State Trading: Its Nature And International Treatment, Edmond M. Ianni
State Trading: Its Nature And International Treatment, Edmond M. Ianni
Northwestern Journal of International Law & Business
At least six considerations compel a review of the international practice of state trading. First, state trading is practiced widely throughout the world and embraces at least one quarter of world trade. From a domestic perspective, United States trade with state trading countries continues to grow and, therefore, is directly relevant to the United States national interest. Second, increasing international economic interdependence has augmented the role of state trading in international trade by the inducements of economic necessity and efficiency. Third, recent Eastern European trends toward greater private economic autonomy have facilitated trade relations between free market countries and state …
United States Trade Policy Toward Foreign Commodity Markets: A Critique, John V. Rainbolt
United States Trade Policy Toward Foreign Commodity Markets: A Critique, John V. Rainbolt
Northwestern Journal of International Law & Business
New trading instruments and a concommitant increase in volume in United States future markets during the past decade has overshadowed somewhat a parallel market expansion involving foreign commodity exchanges serving an expanded United States and international customer base.
Appellations Of Origin: The Continuing Controversey, Lori E. Simon
Appellations Of Origin: The Continuing Controversey, Lori E. Simon
Northwestern Journal of International Law & Business
Appellations of origin (appellations d'origine) are geographical denominations that indicate a product's origin, as well as particular distinctive and renowned qualities associated with the location. Because of the singularity of these titles, the disparity in national laws, and the potential for infringement of the rights associated with the names, protection of appeallations of origin continues to be a controversial topic in international trade law. The debate over protection of appellations of origin primarily stems from conflicting national economic interests and divergent fundamental conceptions of the purpose of protecting trade names. It is entangled further by cultural, linguistic, and historical differences …
Reorganization Plan No. 3 Of 1979: Revamping The U.S. Trade Machinery, Eliot B. Schreiber
Reorganization Plan No. 3 Of 1979: Revamping The U.S. Trade Machinery, Eliot B. Schreiber
Northwestern Journal of International Law & Business
The United States is no longer the successful competitor it once was in the international marketplace.I During the last decade, concern has grown in both the national and international communities about the way in which United States trade policy is formulated and imple- mented. This concern has resulted in a reorganized and strengthened U.S. trade machinery. Briefly, the Carter Administration's new Reor- ganization Plan No. 3 of 19792 has placed the responsibility for the negotiation of foreign trade matters and for the formulation of trade policy in the Office of the United States Trade Representative (USTR), and has called upon …
Competition, Trade, And The Antitrust Division: 1981, Joel Davidow
Competition, Trade, And The Antitrust Division: 1981, Joel Davidow
Northwestern Journal of International Law & Business
One of the primary purposes-some would say the primary pur- pose--of antitrust laws is to promote efficient allocation of resources and maximum consumer choice by preventing and punishing artificial barriers to competition and unreasonable restraints of trade.' The An- titrust Division of the U.S. Department of Justice has therefore con- cerned itself with the task of breaking down those barriers. In the domestic field, this policy has traditionally taken the form of prosecut- ing persons and corporations who engage in price fixing or market divi- sion, or who obtain or maintain monopoly power by means of abusive practices. More recently, …
Gatt Dispute Settlements: A New Beginning In International And U.S. Trade Law, Donald E. Dekieffer
Gatt Dispute Settlements: A New Beginning In International And U.S. Trade Law, Donald E. Dekieffer
Northwestern Journal of International Law & Business
Although the General Agreement on Tariffs and Trade (GATT)' has been in existence for over two decades, a workable system has only recently developed for resolving disputes between contracting parties. Since its inception, the GATT has been designed to promote the grad- ual dissolution of trade barriers between the major mercantile countries of the world.2 In its early years, the GATT approached this ambitious goal solely through irregular negotiating "rounds" at which the Con- tracting Parties (the nations signatory to the GATT) mutually agreed to reduce their tariff barriers. There was little attempt to develop an effec- tive enforcement mechanism …