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Full-Text Articles in Law
Recent Decisions Under The Investment Canada Act: Is Canada Changing Its Stance On Foreign Direct Investment?, Simone Collins
Recent Decisions Under The Investment Canada Act: Is Canada Changing Its Stance On Foreign Direct Investment?, Simone Collins
Northwestern Journal of International Law & Business
With the globalization of the world’s economy, countries have relied heavily on foreign direct investment within their borders to spur domestic economic growth and compete in the global marketplace. Canada, historically a leading destination for foreign investors, has seen its share of global foreign direct investment decline steadily over the past several decades. Most recently, Canada has made waves in the global community by taking positive actions to interfere with foreign acquisitions of Canadian entities, despite the Canadian government’s declarations to global competitors advocating free market principles and denouncing protectionist policies. This article discusses Canada’s procedures governing foreign direct investment …
A Finger In The Dike? An Examination Of The Efficacy Of State And Federal Attempts To Use Law To Stem Outsourcing, Beverley Earle, Geralk A. Madek, Christina Madek
A Finger In The Dike? An Examination Of The Efficacy Of State And Federal Attempts To Use Law To Stem Outsourcing, Beverley Earle, Geralk A. Madek, Christina Madek
Northwestern Journal of International Law & Business
Many people, not just in the United States, are concerned about the implications of this growth in outsourcing for the future of business. State governments in particular are trying to stop outsourcing and are using the law as a means to do so. However, are these attempts, which are variants of the old "buy American" programs, doomed to be ineffective and ultimately protectionist, without really protecting American business? This paper will examine the developments of offshoring, outsourcing, and insourcing in Part II. Part III examines both state and federal legal efforts to restrict this growth. Part IV examines the WTO …
A Dual Catastrophe Of Protectionism, Sungjoon Cho
A Dual Catastrophe Of Protectionism, Sungjoon Cho
Northwestern Journal of International Law & Business
Suppose that a consortium of wealthy and powerful local industries, acting through lawmakers captured by these industries, managed to pass a statute, damaging to the larger public welfare, purely for a protectionist purpose. Suppose further that this statute victimizes exports from a small, poor country such as Vietnam, to a large, rich country such as the United States, because these imported products are cheaper and thus pose a competitive threat to rival domestic industries. Suppose also that courts in the importing country can do little to stop this chain of events. Rational individuals might find these events objectionable, if not …
General Exclusion Orders Under Section 337, Gary M. Hnath
General Exclusion Orders Under Section 337, Gary M. Hnath
Northwestern Journal of International Law & Business
Your company, Widgets Unlimited, imports foreign-made widgets into the United States. One day, you're informed that U.S. Customs & Border Protection (Customs) has detained your goods and is determining whether they infringe a patent owned by The American Widget Corporation, based on an exclusion order issued by the International Trade Commission (ITC) after a recent ITC investigation, titled Certain Widgets with Extra Shiny Surfaces. Since you were never a party to any proceeding at the ITC, and indeed, you never even knew American Widget had patents on its widgets, you conclude that there must be some mistake and wait for …
Case To Repeal The Antidumping Laws, The , Robert W. Mcgee
Case To Repeal The Antidumping Laws, The , Robert W. Mcgee
Northwestern Journal of International Law & Business
Antidumping laws were designed to protect domestic industry from foreign competition. They protect producers at the expense of consumers, which results in higher prices, lower quality products, less consumer choice and a general lowering of the standard of living for the vast majority of people. Antidumping laws also destroy more jobs than they create.
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 …
The Limits Placed By Eec Law On Territorial Protection In Patent Licensing: A Case Study In Community Law-Making, Donald L. Holley
The Limits Placed By Eec Law On Territorial Protection In Patent Licensing: A Case Study In Community Law-Making, Donald L. Holley
Northwestern Journal of International Law & Business
In this article, Mr. Holley examines the ways in which the EEC Commission's interpretations of the EEC Treaty, European Court decisions, and suggestions made by Member States and industry influence the development of EEC law. By focusing on the Commission's draft patent licensing regulation, the author identifies existing conflicts between preserving patent rights and the EEC objectives of protecting competition and the free flow of goods among the Member States.