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Articles 1 - 13 of 13
Full-Text Articles in Law
The Draft U.K./U.S. Judgments Convention: A British Viewpoint, P.M. North
The Draft U.K./U.S. Judgments Convention: A British Viewpoint, P.M. North
Northwestern Journal of International Law & Business
The United States and the United Kingdom are presently completing negotiations on an accord that will providefor the reciprocal recognition and enforcement of civil judgments. The negotiations have been the subject of considerable debate, the sharpest criticism being expressed by British exporters who fear that recognition of United States judgments in the United Kingdom will subject them to increased antitrust and products liability claims. Through an analysis of theproposed agreement against the existing statutory and common law rules, Commissioner North addresses these criticisms. He concludes that the additional burden of American judgments on English defendants created by the agreement does …
Trends In International Business Law: Towards A New Ethnocentricity?, Detlev F. Vagts
Trends In International Business Law: Towards A New Ethnocentricity?, Detlev F. Vagts
Northwestern Journal of International Law & Business
Many legal practitioners and academicians who are sensitive to changes within the area of international business law have sighted signals of a trend toward greater ethnocentricity in the United States. Whether such a trend exists is not an issue that can be disposed of categorically, for the signals must be interpreted in light of the institution in question and the sector of economic activity involved. Moreover, an accurate resolution of the issue requires a comparison of the current signals with those of previous periods. Indeed, the post-Smoot-Hawley Tariff era of the late 1930's and the older mercantilist epoch were periods …
The Future Of Free Enterprise: Can It Survive Government Interventionism?, Baron Edmond De Rothschild
The Future Of Free Enterprise: Can It Survive Government Interventionism?, Baron Edmond De Rothschild
Northwestern Journal of International Law & Business
Free enterprise is the indispensable prerequisite for personal freedom, which I dare believe is still highly valued by most people. Hence, it is also the only economic system which is compatible with the democratic governments of Europe and America. However, the vitality of free enterprise is being threatened by government interventionism on both sides of the Atlantic. In Europe, this manifests itself in taxation, nationalization, restrictive policies, subsidization, labor laws, and the growth of the public sector. In America, we find much of the same, excepting nationalization. In order to restore vigor to the weakened private sector, we must return …
United States Foreign Trade Policy: A Delicate Balancing Act, Robert S. Strauss
United States Foreign Trade Policy: A Delicate Balancing Act, Robert S. Strauss
Northwestern Journal of International Law & Business
World trade today involves one-sixth of everything that is grown or manufactured on this planet. Translated into dollars, this amounted to a value last year of one trillion dollars. Of this amount, $150 billion belongs to American agriculture and industry. The enormous stake of the United States in maintaining and encouraging the growth of its exports has led the present Administration to chart an enlightened and courageous trade policy of promoting free and fair trade. Rather than take the politically expedient course of protectionism, this Administration has embarked on the course of lowering barriers to fair trade to ensure the …
The Search For A Viable Foreign Economic Policy, Frank Church
The Search For A Viable Foreign Economic Policy, Frank Church
Northwestern Journal of International Law & Business
United States foreign policy is, to a great degree, influenced by the performance of the international economy. This fact was brought home with dramatic force in 1973, when Arab oil-producing countries suddenly quadrupled the price of oil. That abrupt increase in price, followed by the Arab oil embargo, nearly crippled the economies of the industrial nations of the west. The recent political upheaval in Iran and its affect on the world oil supply is only another poignant example of the extent to which the performance of the American economy, which obviously includes our national and multinational business enterprises, is intimately …
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 Retroactive Application Of The Antidumping Act Of 1921, Thomas E. Johnson
The Retroactive Application Of The Antidumping Act Of 1921, Thomas E. Johnson
Northwestern Journal of International Law & Business
In 1921, the United States Congress enacted the Antidumping Act which provides for the imposition of dumping duties on imports sold to United States merchants at prices below their fair value. The Act permits the assessment of dumping duties retroactively on merchandise imported up to one hundred and twenty days before a complaint of dumping has been filed with the Commissioner of Customs. Mr. Johnson examines the retroactive provisions of the Act and its regulations, the case law surrounding those provisions, and the constitutionality of the provisions. Against this background, he concludes that the retroactive application of the Act, particularly …
Zenith Radio Corp V. United States: The Demise Of Congressionally Mandated Countervailing Duties, Robert Dziubla
Zenith Radio Corp V. United States: The Demise Of Congressionally Mandated Countervailing Duties, Robert Dziubla
Northwestern Journal of International Law & Business
The countervailing duty has long been a favorite tool of the Congress to achieve what it considers to be fair trade between the United States and her trading partners. Countervailing duties are extra duties imposed upon goods that enjoy subsidies, in whatever form, from a foreign government. In Zenith Radio Corp. v. United States, the Supreme Court agreed with the Department of Treasury that a remission by the Government of Japan of a domestic indirect commodity tax upon electronic goods was not a subsidy requiring a countervailing duty. This Note will suggest that the Court's dependence upon the legislative history …
United Brands Company V. Commission Of The European Communities: Window To Price Discrimination Law In The European Economic Community, Margaret H. Fitzpatrick
United Brands Company V. Commission Of The European Communities: Window To Price Discrimination Law In The European Economic Community, Margaret H. Fitzpatrick
Northwestern Journal of International Law & Business
Enterprises operating within the European Economic Community have long faced the difficult task of ascertaining whether they are subject to the price discrimination restrictions of the Treaty of Rome. The difficulty stems from the ambiguity present in the Treaty provisions and is exacerbated by the lack of authoritative interpretation of their restrictions. However, a recent opinion of the European Communities' Court of Justice, United Brands Co. v. Commission of the European Communities, has brought the contours of the price discrimination prohibition into sharper focus.
European Views Of United States Anti-Bribery And Anti-Boycott Legislation, E. Ernest Goldstein
European Views Of United States Anti-Bribery And Anti-Boycott Legislation, E. Ernest Goldstein
Northwestern Journal of International Law & Business
Today, the United States Congress has made an attempt to legislate against corrupt practices and to encourage other countries to do the same. During the past year, I have had the opportunity to meet with numerous European groups in conferences, seminars, conventions, and one-day study sessions to discuss the most recent American legislation dealing with immoral business practices: the Foreign Corrupt Practices Act and the anti-boycott legislation within the Export Administration Amendments of 1977. This perspective is not intended to reproduce the remarks made on such occasions to European businessmen and lawyers, nor is it a scientific survey of European …
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.
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 …