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Articles 1 - 17 of 17
Full-Text Articles in Law
Why Does The Complainant Always Win At The Wto?: A Reputation-Based Theory Of Litigation At The World Trade Organization, Matthew C. Turk
Why Does The Complainant Always Win At The Wto?: A Reputation-Based Theory Of Litigation At The World Trade Organization, Matthew C. Turk
Northwestern Journal of International Law & Business
World Trade Organization (WTO) litigation presents an empirical puzzle: complaining parties "win" close to 90 percent of cases, while standard theories of litigation predict a strong tendency towards a 50 percent plaintiff win-rate. This Article explains the high win-rate by examining the reputational costs and benefits of filing a case. The WTO's lack of centralized enforcement means that the consequence of a judgment is merely to disseminate information that alters a party's reputation for compliance with its trade obligations. Such a "reputational sanction" applies to both losing respondents and complainants. The result is that only cases with a very high …
Making Wto Sps Dispute Settlement Work: Challenges And Practical Solutions, Eric Gillman
Making Wto Sps Dispute Settlement Work: Challenges And Practical Solutions, Eric Gillman
Northwestern Journal of International Law & Business
The Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) represents an effort by the Members of the World Trade Organization (WTO) to balance competing interests in liberalizing trade, on one hand, and protecting human, animal, and plant life from risks posed by the free flow of goods on the other. SPS disputes center around a core question: Does the imported product at issue present a sufficiently serious threat to national health to warrant the imposition of trade-restrictive measures? Over twelve years and six disputes, panels and the Appellate Body (AB) have addressed this question by evaluating respondents' risk assessments. The …
The Dignity, Rights, And Responsibilities Of The Jury: On The Structure Of Normative Argument, Robert P. Burns
The Dignity, Rights, And Responsibilities Of The Jury: On The Structure Of Normative Argument, Robert P. Burns
Faculty Working Papers
Many theorists follow an inevitably circular method in evaluating legal institutions and practices. "Considered judgments of justice" embedded in practices and institutions in which we have a high level of confidence can serve as partial evidence for the principles with which they are consistent, principles that can then have broader implications. Conversely, principles that we have good reason to embrace can serve as partial justification for institutions and practices with which they are consistent. This is the heart of Rawls' notion of "reflective equilibrium," where we "work at both ends" to justify institutions, practices, and principles. This method is applicable …
No Good Whistle Goes Unpunished: Can We Protect European Antitrust Leniency Applications From Discovery?, Constanza Nicolosi
No Good Whistle Goes Unpunished: Can We Protect European Antitrust Leniency Applications From Discovery?, Constanza Nicolosi
Northwestern Journal of International Law & Business
In recent years, the most successful tool in the antitrust arsenal of the European Commission and the Antitrust Division of the U.S. Department of Justice has proven to be leniency programs, which provide full immunity from fines to the first cartel-member that confesses its participation in the conspiracy. Even though European and U.S. leniency programs are fairly similar to one another, procedural differences may undermine their effectiveness. It has long been argued that potential discovery of corporate statements accompanying the leniency application before the Commission in subsequent proceedings in the United States would put the firms that cooperated with the …
Efficient Contracting Between Foreign Investors And Host States: Evidence From Stabilization Clauses, Sam Foster Halabi
Efficient Contracting Between Foreign Investors And Host States: Evidence From Stabilization Clauses, Sam Foster Halabi
Northwestern Journal of International Law & Business
Bilateral investment treaties are agreements between sovereign states that give broad protections to investors and investments made within the jurisdiction of the other state. The prevailing view in the academy and practice is that developing countries sign bilateral investment treaties in order to reassure investors from developed states that their investments will be safe from changes in domestic law. Without these "credible commitments," investors would be deterred from making investments, depriving developing countries of foreign capital. This Article disputes that view by demonstrating that foreign investors and host states effectively contract around the risk of changes in the law. This …
Beyond Culture Vs. Commerce: Decentralizing Cultural Protection To Promote Diversity Through Trade, Sean A. Pager
Beyond Culture Vs. Commerce: Decentralizing Cultural Protection To Promote Diversity Through Trade, Sean A. Pager
Northwestern Journal of International Law & Business
For the past three decades, culture defenders and free traders have fought a pitched battle over global regulation of audiovisual industries, a collision of seemingly incompatible worldviews whose destructive repercussions policy-makers and scholars have struggled to contain. The battle has played out at multiple levels of international trade law, investment treaties, and UNESCO conventions. Now, the culture-trade war threatens to engulf e-commerce. Fortunately, there is a better way. The extraordinary flowering of Korean popular culture in recent decades—commonly known as the "Korean Wave"—can be traced directly to a set of decentralized policies enacted by South Korea's government in the 1990s. …
The Trade Litigant's Gauntlet: The Hanging Judge And The Teflon Tribunal, Jay Charles Campbell
The Trade Litigant's Gauntlet: The Hanging Judge And The Teflon Tribunal, Jay Charles Campbell
Northwestern Journal of International Law & Business
The two U.S. agencies charged with conducting antidumping investigations may justifiably be labeled a "hanging judge" and a "Teflon tribunal." The Department of Commerce (DOC) investigates whether foreign firms have engaged in "dumping" exports to the United States. Since assuming responsibility for dumping investigations in 1980, the DOC has found that over 90% of the firms it investigated were "guilty." Such one-sided results subject far too many foreign firms to antidumping duty orders - which impair their ability to sell to the U.S. market - and send the wrong message to the United States' trading partners. Because the U.S. antidumping …
The International Anti-Money Laundering And Combating The Financing Of Terrorism Regulatory Strategy: A Critical Analysis Of Compliance Determinants In International Law, Navin Beekarry
Northwestern Journal of International Law & Business
Concerns about the risks money laundering (ML) and terrorist financing (TF) present to the stability of the international financial system have resurfaced in the context of the liquidity problems faced by financial institutions as a result of the recent credit crisis (2008). Because ML and TF evolve with new criminal activities and methodologies, ML and TF present systemic threats to the stability of the financial system. Addressing new developments in ML/TF and their associated risks requires a sufficiently flexible and adaptable international regulatory strategy. In this paper, I examine the international anti-money laundering and combating the financing of terrorism (AML/CFT) …
More Than Best Friends: Expansion Of Global Law Firms Into The Indian Legal Market, Chris Vena
More Than Best Friends: Expansion Of Global Law Firms Into The Indian Legal Market, Chris Vena
Northwestern Journal of International Law & Business
Over the past half century, there has been an accelerating trend towards liberalization in the legal services industry. International free trade agreements have sought to promote open markets for legal services. The United States, United Kingdom, many European countries, Australia, Japan, Russia, China, and Singapore have all opened their legal markets to foreign law firms. India is something of an anomaly in this regard. Although it has one of the world's largest economies and has benefited greatly from liberalization in many industries, India's legal industry remains closed. Competition for foreign capital with other developing nations, particularly China, makes this an …
Toward A Regulatory Model Of Internet Intermediary Liability: File-Sharing And Copyright Enforcement, Christopher M. Swartout
Toward A Regulatory Model Of Internet Intermediary Liability: File-Sharing And Copyright Enforcement, Christopher M. Swartout
Northwestern Journal of International Law & Business
One of the major problems presented by digital content and the internet has been the failure of traditional copyright enforcement mechanisms to adequately address infringement that takes place via online file-sharing. Recently, laws that would introduce a new copyright enforcement paradigm have been proposed in numerous countries and have received strong support from content industries seeking a more effective enforcement regime. These laws are often referred to as "graduated response" policies. Although there is some variation, graduated response laws typically impose requirements on Internet Service Providers (ISPs) to cooperate with rightsholders and government in policing illegal file-sharing. ISPs are required …
Is Latin American Taxation Policy Appropriate For Promoting Foreign Direct Investment In The Region?, Hugo A. Hurtado
Is Latin American Taxation Policy Appropriate For Promoting Foreign Direct Investment In The Region?, Hugo A. Hurtado
Northwestern Journal of International Law & Business
The purpose of this article is to analyze whether the international tax policy adopted by different Latin American countries is the most appropriate for promoting foreign direct investment and what measures can be adopted by these countries in order to improve such policy. I conclude that an integrated international tax policy would promote greater FDI in the region. To achieve this goal, an analysis of the appropriate tax policy must be delivered to a multidisciplinary body with a presence in the whole region that is able to interact with scholars, private practitioners, and treasury ministries to exchange ideas and adapt …
The Revolving Door Of Emigration: The Economic Influences Of Remittances In Developing Countries, Laura L. Norris
The Revolving Door Of Emigration: The Economic Influences Of Remittances In Developing Countries, Laura L. Norris
Northwestern Journal of International Law & Business
Economic incentives play an integral role in many individuals' choices to leave their country of origin. While a person may independently make the decision to migrate, some governments have developed extensive programs to promote the export of workers. Developing nations often initiate such programs for the purpose of acquiring additional sources of foreign exchange and external financing, as emigrants in transnational families can play a critical role in development through remittances. Remittances to developing countries totaled $325 billion in 2010, and they will likely continue to increase along with emigration. The following Comment considers the palpable contribution remittances have on …
“Say On Pay”: The Movement To Reform Executive Compensation In The United States And European Union, Marisa Anne Pagnattaro, Stephanie Greene
“Say On Pay”: The Movement To Reform Executive Compensation In The United States And European Union, Marisa Anne Pagnattaro, Stephanie Greene
Northwestern Journal of International Law & Business
In the aftermath of an array of economic failures, there is a growing movement to reform executive compensation. Concerned that executive compensation structures reward inappropriate risk taking and create a short-term perspective, the United States and the European Union are taking steps to reform the ways executives are compensated. Part I analyzes governmental and regulatory action in the United States, including SEC disclosure rules and the Dodd-Frank Wall Street Reform and Consumer Protection Act. Part II details new initiatives in the European Union that recommend changes to remuneration for directors of listed companies and remuneration in the financial services sector, …
Solving Global Financial Imbalances: A Plan For A World Financial Authority, Carlos Mauricio S. Mirandola
Solving Global Financial Imbalances: A Plan For A World Financial Authority, Carlos Mauricio S. Mirandola
Northwestern Journal of International Law & Business
This paper will propose a plan to reform international finance—the World Financial Authority (WFA) Plan. Under such a plan, the IMF and other existing international financial institutions would be reformed and coordinated around a newly created WFA. The WFA would have two core functions. The first function would be to manage international liquidity, thus reducing externalities arising from domestic monetary policies adopted by its members, and addressing global liquidity problems involving financial activities of transnational private banks. The second function would be to help countries make their domestic monetary policies more effective, thus regaining traction and preventing contagion. A central …
Addressing Inept Sec Enforcement Efforts: Lessons From Madoff, The Hedge Fund Industry, And Title Iv Of The Dodd-Frank Act For U.S. And Global Financial Systems, Cheryl Nichols
Northwestern Journal of International Law & Business
A global regulatory framework for hedge fund custodians is needed, in addition to Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act or Dodd-Frank), to reduce the risk of the occurrence of another Madoff fraud and to assess systemic risk posed by hedge fund activities in the global financial system. This article recommends the creation of a single global regulator for independent, qualified hedge fund custodians to which country regulators must submit sufficient information to protect investors and to assess the level of systemic risk posed by hedge fund activities in the global …
The Derivative Market’S Black Sheep: Regulation Of Non-Cleared Security-Based Swaps Under Dodd-Frank, Barry Le Vine
The Derivative Market’S Black Sheep: Regulation Of Non-Cleared Security-Based Swaps Under Dodd-Frank, Barry Le Vine
Northwestern Journal of International Law & Business
This paper seeks to comprehensively analyze the SEC's security-based swaps mandate and how it should regulate those non-cleared OTC derivatives within its regulatory ambit to promote market stability, protect counterparties, and reduce the incentives for cross-border regulatory arbitrage which leads to systemic risk creation. It argues that there are many legitimate and compelling reasons for entering into bespoke security-based swap transactions and that imposing collateral and margin requirements would only distort the economics of these trades. It further argues that the SEC should not be in the business of setting margin requirements, which would be an unprecedented move for the …
Electronically Stored Information: The December 2006 Amendments To The Federal Rules Of Civil Procedure, Kenneth J. Withers
Electronically Stored Information: The December 2006 Amendments To The Federal Rules Of Civil Procedure, Kenneth J. Withers
Northwestern Journal of Technology and Intellectual Property
No abstract provided.