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- EEC (10)
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Articles 1 - 24 of 24
Full-Text Articles in Law
The Termination Of Agency And Distributorship Agreements: A Comparative Survey, A.H. Puelinckx, H.A. Tielemans
The Termination Of Agency And Distributorship Agreements: A Comparative Survey, A.H. Puelinckx, H.A. Tielemans
Northwestern Journal of International Law & Business
The termination of agency agreements in most EEC Member States is regulated by statute, while the termination of distributorship agreements, with the exception of Belgium, is governed by case law. Messrs. Puelinckx and Tielemans first survey the state of the law governing the termination of agency and distributorship agreements in the EEC Member States and then discuss the efforts of the EEC to harmonize the national laws of the Member States in the area of commercial representation. The authors conclude by supporting the EEC harmonization effort relating to the laws regulating agency agreements and by calling for further efforts to …
National Panasonic (U.K.) Ltd. V. Commission Of The European Communities: The Common Market's First Look At Warrantless Searches In Antitrust Investigations, Catherine C. Gale
National Panasonic (U.K.) Ltd. V. Commission Of The European Communities: The Common Market's First Look At Warrantless Searches In Antitrust Investigations, Catherine C. Gale
Northwestern Journal of International Law & Business
In Antitrust Investigations National Panasonic (UK) Ltd v. Commission of the European Communities' is the first decision of the European Court of Justice delineating the powers of the European Commission to conduct evidentiary searches on the premises of firms suspected of violating the European Economic Community's antitrust laws. The Court held that the Commission may conduct on-the-spot searches of firms without prior notification. The Court's decision greatly expands the investigatory powers of the Commission at the expense of significant privacy and due process rights for firms operating within the European Community. This note will examine the extent to which the …
The Relationship Between National And Community Antitrust Law: An Overview After The Perfume Cases, Jean-Francois Verstrynge
The Relationship Between National And Community Antitrust Law: An Overview After The Perfume Cases, Jean-Francois Verstrynge
Northwestern Journal of International Law & Business
The European Coal and Steel Community Treaty and the Treaty of Rome have been recognized as transferring the jurisdictional authority to apply antitrust laws to the European Communities. After surveying the impact of these treaties on various sectors, the author argues that it is necessary to subordinate the jurisdictional authority of the Member States in this field to fulfill the objectives of the Common Market.
The Eec Convention On Jurisdiction And Enforcement Of Civil And Commercial Judgments, Elizabeth Freeman
The Eec Convention On Jurisdiction And Enforcement Of Civil And Commercial Judgments, Elizabeth Freeman
Northwestern Journal of International Law & Business
As the result of a Protocol to the EEC Convention on Jurisdiction and Enforcement of Civil and Commercial Judgments, the European Court of Justice was express given jurisdiction to interpret the Convention's provisions. The European Court, in interpreting the Convention, has adopted Community solutions and common Community law definitions. In addition, the European Court has narrowly construed exceptions to the Convention's basic principles. The Court has also attempted to guarantee equality of treatment. In this article, Mrs. Freeman examines the European Court's application of these principles in light of the Convention's purpose and structure.
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.
Article 37 Of The Eec Treaty: State Trading Under Scrutiny, Spencer Weber Waller
Article 37 Of The Eec Treaty: State Trading Under Scrutiny, Spencer Weber Waller
Northwestern Journal of International Law & Business
This comment will explore the judicial development of standards applied in analyzing state trading under Article 37. The success of Article 37 in curtailing the harmful effects of state trading is in marked contrast with the attempts to regulate state trading found within the General Agreement on Tariffs and Trade (GATT).4 In part, this can be explained by the development of judicial rather than political standards for limiting the role of state monopolies within the EEC. The European Court of Justice (ECJ) has chosen to focus on the effects of state trading, banning the practice when used to disguise quotas, …
The European Economic Community -- A Profile, Utz P. Toepke
The European Economic Community -- A Profile, Utz P. Toepke
Northwestern Journal of International Law & Business
To enable those readers who may be unfamiliar with the history and structure of the European Economic Community to better understand the articles in this symposium, Dr. Toepke reviews the background, the institutions and the underlying theory of this unique legal phenomenon.
The Hague Conference And The Main Issues Of Private International Law For The Eighties, George A.L. Droz, Adair Dyer
The Hague Conference And The Main Issues Of Private International Law For The Eighties, George A.L. Droz, Adair Dyer
Northwestern Journal of International Law & Business
The Hague Conference on Private International Law has attempted, since its revitalization in the 1950, to unify the rules of private international law. The efforts of the Conference have in the past centered around the fields of civil procedure, conflict of laws, the international sale of goods, products liability and international family law. Messrs. Droz and Dyer review the history of the achievements of the Conference in these fields and reflect on the problems and opportunities the Conference will encounter in the 1980"s.
Symposium On The European Economic Community -- An Introduction, Dennis Thompson
Symposium On The European Economic Community -- An Introduction, Dennis Thompson
Northwestern Journal of International Law & Business
The editors of the Northwestern Journal of International Law & Business are to be congratulated for commemorating the 25th anniversary of the founding of the European Economic Community with this issue. This issue brings together many distinguished experts to deal with the very diverse legal consequences of the Rome Treaty. From these contributions it will be seen that the new legal order in Europe has taken firm root.
The Rise And Fall Of Provisional Validity -- The Need For A Rule Of Reason In Eec Antitrust, Valentine Korah
The Rise And Fall Of Provisional Validity -- The Need For A Rule Of Reason In Eec Antitrust, Valentine Korah
Northwestern Journal of International Law & Business
The doctrine of provisional validity invented by the Community Court now applies to very few agreements. Mrs. Korah believes that unless a rule of reason is applied to restraints ancillary to agreements that lead to new competitive pressures, the risk of collaboration may become excessive. Mrs. Korah also expresses concern that this may reduce the dynamism of Community industry in competition with American and Japanese firms.
The Court Of Justice Of The European Communities: The Scope Of Its Jurisidction And The Evolution Of Its Case Law Under The Eec Treaty, John Mackenzie Stuart
The Court Of Justice Of The European Communities: The Scope Of Its Jurisidction And The Evolution Of Its Case Law Under The Eec Treaty, John Mackenzie Stuart
Northwestern Journal of International Law & Business
The European Court of Justice, as the sole judicial institution of the European Communities, has evolved into a vigorous body asserting a strong cohesive influence upon the Member States through application of the principles asserted in the Communities' Treaties. In this article, Lord Mackenzie Stuart examines the jurisdiction of the Court in light of recent case law. In particular, Judge MacKenzie Stuart discusses doctrines of jurisdiction adopted by the Court and the application of these doctrines to recent developments involving free movement of goods and of persons within the Communities and other Treaty principles such as equal pay for men …
Providing Fair Conditions Of Competition Under The Free Trade Agreements Of The European Economic Community, E.J. Mestmacker
Providing Fair Conditions Of Competition Under The Free Trade Agreements Of The European Economic Community, E.J. Mestmacker
Northwestern Journal of International Law & Business
Professor Mestmacker analyzes the competition provisions of the Free Trade Agreements that the Community has negotiated with many of its trading partners. The direct applicability of these provisions by reference to the standards of Community law is considered and rejected Professor Mestmacker then develops the relevant standards for applying these provisions to commerce between the Community and its trading partners.
Refusals To Supply: Should The French Rules Be Harmonized With Those Of The Eec?, Dominique Brault
Refusals To Supply: Should The French Rules Be Harmonized With Those Of The Eec?, Dominique Brault
Northwestern Journal of International Law & Business
In this article, Mr. Brault contends that "harmonizing" the French rules with those of Germany or the EEC is neither desirable nor necessary because of the disparate economic structures of the EEC Member States and because the French rules are, as a result of French case law, not as rigid and severe as their detractors portray them. Instead, Mr. Brault suggests that in practice, the national antitrust laws of EEC Member States are becoming "harmonized" naturally because German and EEC case law have made the application of apparently lenient refusals to supply statutes significantly more severe.
Characteristic Performance -- A New Concept In The Conflict Of Laws In Matters Of Contract For The Eec, Kurt Lipstein
Characteristic Performance -- A New Concept In The Conflict Of Laws In Matters Of Contract For The Eec, Kurt Lipstein
Northwestern Journal of International Law & Business
The concept of "characteristic performance, " used in conflicts law to determine which country's law applies in the absence of an express or implied choice of law, has been incorporated into Article 4 of the Draft Convention on the Law Applicable to Contractual and Non-Contractual Obligations. In this article, Professor Lipstein examines the purpose, history, and criticisms of the concept of "characteristic performance" and concludes by supporting the use by the Member States of characteristic performance as a means of determining the legal system governing the contract as a whole.
The European Commission's Proposals On Worker Participation In The European Economic Community, Marc-Hubert Battaille
The European Commission's Proposals On Worker Participation In The European Economic Community, Marc-Hubert Battaille
Northwestern Journal of International Law & Business
The current trend toward greater worker participation in business decisions is reflected in European Economic Community developments. In this article, Mr. Battaille examines recent European Commission measures which attempt to harmonize national company law legislation in the Member States. The author focuses particularly on the Commission's proposal for a Council Directive to ensure the right to information and consultation for workers of enterprises exercising their activities in more than one establishment or subsidiary in one or several Member States.
The Evolving Concept Of European Labor Relations Legislation, Walter Kolvenbach
The Evolving Concept Of European Labor Relations Legislation, Walter Kolvenbach
Northwestern Journal of International Law & Business
The subject of worker participation in the decision-making process has become one of the major topics in the developing area of EEC labor law. The EEC Treaty, however, does not provide the direct legal basis for the introduction of worker participation legislation by the Community. The Commission, therefore, has concentrated on harmonizing the company legislation of the Member States in its drive to develop a European labor legislation. In this article, Dr. Kolvenbach surveys the existing company legislation in the Member States dealing with worker participation and discusses the recent harmonization proposals of the Commission. He then concludes by supporting …
International Law And Community Treaty-Making Power, Hans Van Houtte
International Law And Community Treaty-Making Power, Hans Van Houtte
Northwestern Journal of International Law & Business
The European Community, in addition to its power within the Community, may negotiate and conclude agreements with states and other international organizations. In his article, Mr. van Houtte examines the Community's utilization of its treaty-making powers under community law as well as under international law. He concludes that the Community will attain full international status when it utilizes its treaty-making power completely and assumes full and exclusive responsibility for it.
Prohibiting Restriction Of Free Trade Within The Community: Articles 30-36 Of The Eec Treaty, P. Verloren Van Themaat, L.W. Gormley
Prohibiting Restriction Of Free Trade Within The Community: Articles 30-36 Of The Eec Treaty, P. Verloren Van Themaat, L.W. Gormley
Northwestern Journal of International Law & Business
The problem of accommodating the tensions of power between the European Economic Community and individual Member States is particularly acute in the area of prohibitions on restriction on free trade within the Community. Professor van Themaat and Mr. Gormley analyze key aspects of this problem in select decisions of the Court of Justice concerning Articles 30-36 of the EEC Treaty. The areas of discussion include the extent to which Articles 30-36 affect internal economic regulations of Member States, the difference between trading within an established Community organization and trade in an area where no organization exists, and the relation of …
The New Protectionism, Carl J. Green
The New Protectionism, Carl J. Green
Northwestern Journal of International Law & Business
One of the crucial challenges of the Eighties is to maintain an open and expanding international trade system. Despite the successful completion of the Tokyo Round of Multilateral Trade Negotiations in 1979,' the liberal principles of the General Agreement on Tariffs and Trade (GATT) are under increasing attack. Protectionism has become increasingly prevalent in Europe and is mounting rapidly in the United States. The principal targets of protectionism are Japan, the newly industrialized countries of Asia3 and the developing countries generally, whose expanding exports represent serious challenges to traditional industrial sectors in the mature industrial countries. Unless the doors of …
Trade With The People's Republic Of China: Current Status And Future Prospects, J. Mishell George, Damian T. Gullo, Daniel D. Stein
Trade With The People's Republic Of China: Current Status And Future Prospects, J. Mishell George, Damian T. Gullo, Daniel D. Stein
Northwestern Journal of International Law & Business
Since the normalization of diplomatic relations with the People's Republic of China (PRC) in 1979, U.S. trade with China has developed rapidly. In particular, 1980 saw significant developments in the institutional framework of U.S.-China trade relations, with the signing of several new trade-related bilateral agreements and a number of high-level visits in both directions.2 At the same time, China has begun to update its domestic legal system as it plans to integrate more fully into the international economic order.3 The last year has also witnessed the cancellation of certain large development projects, and delay in the implementation of others, as …
New Trends In The Practical Application Of Icc Rules Of Arbitration, Yves Derains
New Trends In The Practical Application Of Icc Rules Of Arbitration, Yves Derains
Northwestern Journal of International Law & Business
During the 1970s, arbitration has become the normal way of settling disputes arising in international trade. The statistics provided by the International Chamber of Commerce (ICC) Court of Arbitration (the Court, or the Court of Arbitration) are evidence of the incidence of the increasing recourse to arbitration by businesses involved in international transactions; of an increase in the amounts in dispute; of an increasing diversity in the nationalities of clients3 as well as in the types of the disputes submitted to arbitration.4 The development of international arbitration in the last decade may be explained by the fact that no other …
Ventures In The China Trade: An Analysis Of China's Emerging Legal Framework For The Regulation Of Foreign Investment, William P. Alford, David E. Birenbaum
Ventures In The China Trade: An Analysis Of China's Emerging Legal Framework For The Regulation Of Foreign Investment, William P. Alford, David E. Birenbaum
Northwestern Journal of International Law & Business
In this Article, Messrs. Alford and Birenbaum examine laws and regulations recently promulgated by the People's Republic of China to govern the conduct of business and investment in China. After establishing the cultural, historical, bureaucratic and developmental contexts within which the authors believe these laws and regulations must be understood, they comprehensively examine and discuss the new legal pronouncements.
"Black Ships" And Balance Sheets: The Japanese Market And U.S.-Japan Relations, Kenneth W. Abbott, Conrad D. Totman
"Black Ships" And Balance Sheets: The Japanese Market And U.S.-Japan Relations, Kenneth W. Abbott, Conrad D. Totman
Northwestern Journal of International Law & Business
In this Article, Professors Abbott and Totman address the widespread Western belief that the Japanese economy is unfairly closed to foreign trade and investment. The authors identify several levels of barriers to penetration of the Japanese market. They contend that considerable progress has been made in reducing direct official restraints and official non-tariff barriers. Further progress in resolving the closed market issue, the authors predict, will be more difficult. Some of the remaining problems are rooted in Japanese society and culture; others in Western attitudes toward Japan. All reflect the historical pattern of Japan's relations with the West. The authors …
Protest Boycotts And Federal Labor Laws: The Russian Trade Boycott, Gerald L. Jr. Maatman
Protest Boycotts And Federal Labor Laws: The Russian Trade Boycott, Gerald L. Jr. Maatman
Northwestern Journal of International Law & Business
Part I of the Comment examines the Russian trade boycott, and compares the boycott to ILA protest activity over the past three decades. The survey of protest boycotts demonstrates the wide range of business interests disrupted by union conduct and the extent to which such activities may undermine American foreign policy. Part II analyzes whether the National Labor Relations Board (NLRB or Board) may assert jurisdiction over protest boycotts. The jurisdictional reach of the NLRA will be explored with emphasis upon a line of Supreme Court decisions involving foreign-flag vessels. Particular criticism will also focus upon the Fifth Circuit's recent …