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Articles 1 - 12 of 12

Full-Text Articles in Law

Thailand's Labor And Employment Law: Balancing The Demands Of A Newly Industrializing State, W. Gary Vause, Nikom Chandravithun Jan 1992

Thailand's Labor And Employment Law: Balancing The Demands Of A Newly Industrializing State, W. Gary Vause, Nikom Chandravithun

Northwestern Journal of International Law & Business

This article provides a comparative overview of Thailand's labor law, one of the principal considerations for prospective investors. The legal system is analyzed from the perspective of a U.S. investor; to provide a familiar frame of reference, comparisons are made throughout the analysis to labor law in the United States. Observations also are offered on the important extra-legal aspects of employment in Thailand, such as the implications of Thai culture for the employer-employee relationship.


Defining International Electronic Commerce, Jeffrey B. Ritter Jan 1992

Defining International Electronic Commerce, Jeffrey B. Ritter

Northwestern Journal of International Law & Business

Electronic commerce has become a practical reality for thousands of businesses throughout the world. By combining the functional capabilities of computers and telecommunication systems, companies can now exchange information electronically rather than sending and receiving paper documents. In so doing, businesses are achieving remarkable and unparalleled improvements in the accuracy, speed and efficiency with which commercial transactions may be negotiated, confirmed and performed. By eliminating reliance upon paper as the medium through which commerce occurs, new and radically different approaches are emerging regarding how commercial relationships are defined and maintained. Used for international business transactions, the technologies of electronic commerce …


Electronic Data Interchange Agreements: Private Contracting Toward A Global Environment, Amelia H. Boss Jan 1992

Electronic Data Interchange Agreements: Private Contracting Toward A Global Environment, Amelia H. Boss

Northwestern Journal of International Law & Business

With the growth in the use of electronic communications technologies to communicate important business and trade information, the size of the earth, although it may remain at the present 7,900 miles in diameter, is rapidly shrinking. In a matter of seconds, commercial trade data can be exchanged between parties thousands of miles apart, leading to the establishment of new business relationships. In the emerging new global economy, data, information, goods, and services are being exchanged internationally. No longer are parties to a commercial transaction bound by artificial national boundaries with their accompanying sets of domestic legal rules. Over the past …


Telecommunications Regulatory Implications For International Edi Transactions, Aileen A. Pisciotta, James H. Barker Jan 1992

Telecommunications Regulatory Implications For International Edi Transactions, Aileen A. Pisciotta, James H. Barker

Northwestern Journal of International Law & Business

This article provides a general introduction to various telecommunications regulatory issues that should be included in the "calculus" of domestic and international EDI transactions. Part II places EDI generally within the broader context of telecommunications "value added" services, introducing the operational relationship between EDI and telecommunications networks, and the manner in which EDI services may be influenced by global telecommunications regulatory schemes. Particular emphasis is placed upon the United States as a "case study," in order to provide a familiar baseline from which to touch upon broader issues attending the international provision of EDI and other value added services.


European Harmonization Of Data Protection Laws Threatens U.S. Participation In Trans Border Data Flow, George B. Trubow Jan 1992

European Harmonization Of Data Protection Laws Threatens U.S. Participation In Trans Border Data Flow, George B. Trubow

Northwestern Journal of International Law & Business

We are in the midst of "Europe '92," the year when the European Community (EC) is to take on new shape and substance as it seeks transformation to economic and political strategies intended to enhance its position in international trade and commerce. With respect to matters of information processing and transborder data flow, the Council of Europe has prepared a draft directive concerning privacy and security regarding personal information (Privacy Directive). That draft, under consideration by the member states, is of great importance to the rest of the world since it contemplates that EC members will not exchange information with …


Visas For Sale: A Comparison Of The U.S. Investor Provision With The Australian Business Migration Program, Catherine R. Giella Jan 1992

Visas For Sale: A Comparison Of The U.S. Investor Provision With The Australian Business Migration Program, Catherine R. Giella

Northwestern Journal of International Law & Business

This paper is an attempt to evaluate the United States' new investor program based on a comparison with Australia's failed system. The thesis of this paper is that in order for an investor program to be successful, the program must strike a careful balance between meeting the needs of the immigrant investors and those of the welcoming country and its citizens. The analysis proceeds by briefly looking at the history of immigration in both countries and then focusing on what the interests of the investors and the country are in initiating and taking advantage of such a program.


Jurisdiction And The Court Of International Trade: Remarks Of The Honorable Gregory W. Carman At The Conference On International Business Practice Presented By The Center For Dispute Resolution On February 27-28, 1992, Gregory W. Carman Jan 1992

Jurisdiction And The Court Of International Trade: Remarks Of The Honorable Gregory W. Carman At The Conference On International Business Practice Presented By The Center For Dispute Resolution On February 27-28, 1992, Gregory W. Carman

Northwestern Journal of International Law & Business

The United States and the other countries of the world will continue to develop rules and laws governing their relationships in international commercial matters as the years ensue. As part of that agenda, lawyers and members of the international trading community should be familiar with the dispute resolution provisions of the United States Court of International Trade and some of the procedural and substantive problems of the Court. The Court's function is to judicially review disputes under the customs and trade laws of the United States.


Critical Analysis Of Judicial Attempts To Reconcile The United States-Japan Friendship, Commerce And Navigation Treaty With Title Vii, A , Jeffrey J. Mayer Jan 1992

Critical Analysis Of Judicial Attempts To Reconcile The United States-Japan Friendship, Commerce And Navigation Treaty With Title Vii, A , Jeffrey J. Mayer

Northwestern Journal of International Law & Business

This paper offers a practical solution to the conflict between civil rights and economic growth through a new, but sensible, interpretation of the "right to choose" provision. Part I explains the conflicting rulings of the five Courts of Appeals that have addressed this issue. Part II concludes that the courts' various reconciliations between Title VII and the Japan FCN Treaty are, in each case, impossible to apply consistently or fairly. Courts have wrongly attempted to preserve the protections of Title VII for American employees of foreign corporations by asking factfinders to draw impossibly fine distinctions between permissible and prohibited criteria …


Impractibility, Mutual Mistake And Related Contractual Bases For Equitably Adjusting The External Debt Of Sub-Saharan Africa, Jon H. Sylvester Jan 1992

Impractibility, Mutual Mistake And Related Contractual Bases For Equitably Adjusting The External Debt Of Sub-Saharan Africa, Jon H. Sylvester

Northwestern Journal of International Law & Business

At the end of 1988, the combined external indebtedness of the third world' (referred to below as less developed countries or "LDCs") was estimated at nearly $1.3 trillion.2 In the same year, the United Nations agency United Nations International Childrens' Emergency Fund ("UNICEF") attributed the deaths of 650,000 children in LDCs to re-duction in basic living standards caused by diversion of resources to servicing external debt.3 Some experts say prospects for solving this huge and growing problem are actually growing worse due to "debt fatigue."


Does The Government Really Help Small Business Exporters--An Analysis Of Pre-Export Financing Programs Under The Small Business Expansion Act Of 1980 And The Export Trading Company Act Of 1982, Toni P. Lester Jan 1992

Does The Government Really Help Small Business Exporters--An Analysis Of Pre-Export Financing Programs Under The Small Business Expansion Act Of 1980 And The Export Trading Company Act Of 1982, Toni P. Lester

Northwestern Journal of International Law & Business

This paper will attempt to address these questions by examining the legislation and subsequent regulations that lead to the establishment of the SBA and Eximbank guarantee programs. First, there will be a brief discussion of the types of financing needed by small-business exporters and the problems they face when they try to get financing. The 1980's legislation, which attempted to redress some of those problems, as well as the regulations and guidelines that were adopted by the SBA and Eximbank to implement that legislation, will then be covered. Finally, based on an evaluation of the above regulations and guidelines, measures …


Turkey, The Eec And Labor Law: Is Harmonization Possible, Jon Viner Jan 1992

Turkey, The Eec And Labor Law: Is Harmonization Possible, Jon Viner

Northwestern Journal of International Law & Business

In 1987, after more than twenty years of economic association with the EC,' Turkey applied for full membership in the Community. When Turkey is admitted into the EC,9 its entry will be conditioned on the harmonization of its laws with those of the EC.10 The object of this paper is to examine the feasibility of Turkey accomplishing this task.


Legal Acceptance Of Electronic Documents, Writings, Signatures, And Notices In International Transportation Coventions: A Challenge In The Age Of Global Electronic Commerce, Judith Y. Gliniecki, Ceda G. Ogada Jan 1992

Legal Acceptance Of Electronic Documents, Writings, Signatures, And Notices In International Transportation Coventions: A Challenge In The Age Of Global Electronic Commerce, Judith Y. Gliniecki, Ceda G. Ogada

Northwestern Journal of International Law & Business

This paper surveys a number of international transportation conventions with respect to their treatment of electronic means as acceptable methods of generating documents. In addition, this paper looks at the methods of satisfying the applicable formalities of writing, signature, and notice.