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Articles 1 - 17 of 17
Full-Text Articles in Law
China's Reform Of Aviation: A Signal Of The Siginificance Of Competition Under Law, Barry Kellman
China's Reform Of Aviation: A Signal Of The Siginificance Of Competition Under Law, Barry Kellman
Northwestern Journal of International Law & Business
What will China be like at the millenium's close? China may be the most changing nation on Earth, with few definite landmarks to guide analysis of political and economic developments. One's perspective is important: up too close, one sees the eddies of intrigue which occasionally topple someone in high office; too far back, one can miss the extraordinary significance of what is happening in China at this point in history. This discussion has limited goals. Under examination is the strikingly anamolous introduction of competitive economic forces into a high-technology service sector: aviation. The approach of this examination is to inquire …
The Administrative Regulation Of Technology Induction Contracts In Japan, K. Blake Thatcher
The Administrative Regulation Of Technology Induction Contracts In Japan, K. Blake Thatcher
Northwestern Journal of International Law & Business
The purpose of this Comment is to investigate the current effect of both the FECL and the AML on TICs.'6 It begins with a historical analysis of past applications of these laws to TICs. It then discusses the current terms of the AML and the FECL, the government's application of these terms to TICs, and the effect of this application on the formation of TICs. This Comment concludes that, although the means of regulation has changed and there has been some liberalization, the FECL and the AML continue to create substantial prejudicial effects for the interests of foreign parties to …
New Frontiers In Eec Air Transport Competition, Virginia J. Clarke
New Frontiers In Eec Air Transport Competition, Virginia J. Clarke
Northwestern Journal of International Law & Business
After explaining the framework of international agreements and general policy governing civil aviation in the EEC, and discussing prior competition cases,' 5 this Note will then analyze the New Frontiers decision. The groundwork for an exploration of the difficulties in applying and enforcing the decision16 is seen in this case's progress through the French court system 7 and the various issues discussed by the Court of Justice."8 This Note will end by examining the situation of private airlines in the aftermath of the decision.
Japanese View Of United States Trade Laws, A , Mitsuo Matsushita
Japanese View Of United States Trade Laws, A , Mitsuo Matsushita
Northwestern Journal of International Law & Business
The purpose of this Article is to present a Japanese view of United States trade laws, concentrating on the differences between the United States and the Japanese laws. This Article will address the questions of whether United States trade laws have been used for protectionist purposes and whether there are inconsistencies and conflicts within United States trade laws. Finally, this Article will discuss Japanese suggestions for the enforcement of United States trade laws. The views expressed here are neither those of the Japanese business community nor those of the Japanese government; they are solely the views of the author, who …
Introduction Symposium: The Political Economy Of International Trade Law And Policy , Kenneth W. Abbott
Introduction Symposium: The Political Economy Of International Trade Law And Policy , Kenneth W. Abbott
Northwestern Journal of International Law & Business
As this Introduction is written, the law of international trade stands at a major crossroads. In Congress, the House of Representatives and the Senate are attempting to consolidate two massive omnibus trade bills.' These bills authorize the President to enter into a new round of multilateral trade negotiations, amend the import relief laws, prescribe measures to deal with "unfair" foreign trade practices, and in general affect virtually every area of United States law concerned with international trade. Provisions like the Gephardt Amendment,2 designed to exert pressure on countries which have large trade surpluses and engage in trade practices that the …
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 …
United States Trade Protectionism: Institutions, Norms, And Practices Symposium: The Political Economy Of International Trade Law And Policy , Michael Borrus, Judith Goldstein
United States Trade Protectionism: Institutions, Norms, And Practices Symposium: The Political Economy Of International Trade Law And Policy , Michael Borrus, Judith Goldstein
Northwestern Journal of International Law & Business
is Article first explores the origins and evolution of existing trade norms and institutions.7 Then, as an example of the pressures on and potential responses open to United States industry, the Article turns to the recent experiences of the United States semiconductor industry.8 The Article concludes with some thoughts on the future of trade policymaking institutions, including the insight that the failure in United States trade policy has been in part due to the lack of ideas on how the United States should respond to foreign competition in a burgeoning world economy.
Eec Antidumping Law And Trade Policy After Ballbearings Ii: Discretionary Decisions Masquerading As Legal Process, James K. Lockett
Eec Antidumping Law And Trade Policy After Ballbearings Ii: Discretionary Decisions Masquerading As Legal Process, James K. Lockett
Northwestern Journal of International Law & Business
This Article examines whether EEC antidumping law is maturing into a rational, fair, and cohesive set of rules and procedures while in the midst of this shift to a policy orientation. In setting the framework for this analysis, this Article first examines recent changes in EEC antidumping law, briefly reviewing earlier European Court of Justice ("Court") decisions, 7 and summarizing legal issues currently being discussed.' In this analysis, the important role of judicial review will be shown. This Article closes by addressing the effect of the Court's decisions and the extent to which they have contributed to or impeded the …
Pronuptia De Paris V. Schillgalis: Permissible Restraints Of Trade On Franchising In The Eec, Eileen R. Hurley
Pronuptia De Paris V. Schillgalis: Permissible Restraints Of Trade On Franchising In The Eec, Eileen R. Hurley
Northwestern Journal of International Law & Business
This Note examines the Pronuptia decision for the legal definition and substantial support it gives to the franchising concept. 14 When compared to the Court's prior decision in Etablissements Consten SARL and Grundig-Verkaufs-GmbH v. Commission, 5 Pronuptia is seen to promote a more liberal interpretation of the EEC Treaty's competition article, Article 85. However, Pronuptia falls short of the advances made in Nungesser KG v. Commission,16 because some territorial restraints allowed under Article 85(1) in that case were not permitted in Pronuptia. The Court's approach in Pronuptia to the doctrine of ancillary restraints is also discussed. Use of this doctrine …
United States Immigration Reform And Control Act Of 1986: A Critical Perspective, Pamela D. Nichols
United States Immigration Reform And Control Act Of 1986: A Critical Perspective, Pamela D. Nichols
Northwestern Journal of International Law & Business
The United States Immigration Reform and Control Act of 1986 ("Act") signalled the beginning of a new era for United States immigration law.1 The first major revision of the nation's immigration policy in twenty-one years, the Act has had, and will continue to have, a profound impact both within the United States and abroad. The Act caused an extraordinary surge of apprehension and confusion in foreign communities and domestic workplaces, and has already produced dramatic effects throughout the world barely a year after its passage.
China's Foreign Economic Contract Law: Its Significance And Analysis, Zhang Yuqing, James S. Mclean
China's Foreign Economic Contract Law: Its Significance And Analysis, Zhang Yuqing, James S. Mclean
Northwestern Journal of International Law & Business
Postrevolutionary China did not trade with the West prior to the announcement of its "open door policy" in 1977, when one-fifth of the world's population joined the mainstream global trading system. Since then, China's trade has increased dramatically, particularly with the United States. China's need for trade regulation and control resulted in the Foreign Economic Contract Law' ("FECL") in 1985. Through an understanding of the FECL's provisions and East-West trade characteristics, the practitioner may become an effective advisor to clients who trade with China or who are considering doing so.
Like Bamboo Shoots After A Rain: Exploiting The Chinese Law And New Regulations On Sino-Foreign Joint Ventures, Zhang Yuqing
Like Bamboo Shoots After A Rain: Exploiting The Chinese Law And New Regulations On Sino-Foreign Joint Ventures, Zhang Yuqing
Northwestern Journal of International Law & Business
The purpose of this Article is to describe the general legal framework for establishing an equity joint venture in China, and to analyze the effect of these laws and regulations on Sino-foreign equity joint ventures. In order to make this Article of most practical use, a discussion of the recently promulgated Chinese laws and regulations is included.
Reform Of Japanese Telecommunications Law: Panacea Or Placebo, Douglas W. Colber
Reform Of Japanese Telecommunications Law: Panacea Or Placebo, Douglas W. Colber
Northwestern Journal of International Law & Business
This Comment outlines the development of Japanese telecommunications law as it shifted the market from a government monopoly to private enterprise. This Comment first describes Japan's former policy goals for telecommunications and the effects of its older telecommunications laws.6 Next, this Comment describes Japan's new telecommunications laws and the policy interests that shaped them.17 This Comment also analyzes whether the impact of the new laws actually furthers their intended policy objectives."8 The Comment concludes that Japan's new telecommunications laws do promote several of Japan's current policy objectives, but represent only part of a long-term remedy for correcting the telecommunications trade …
Yugoslav Gastarbeiter: The Guest Who Stayed For Dinner, Steven Mihajlovic
Yugoslav Gastarbeiter: The Guest Who Stayed For Dinner, Steven Mihajlovic
Northwestern Journal of International Law & Business
First, this Comment will trace the history of the German use of guest workers, summarize the economic, political, and social situations of the FRG and Yugoslavia, and evaluate the current status of Yugoslav guest workers in the FRG. Next, the Comment will argue that forced repatriation could have a disastrous effect on the economies of both the FRG and Yugoslavia-that a forced repatriation program is a shortsighted temporary solution having long-term consequences. Finally, the Comment will conclude that a return of guest workers could intensify political and social unrest in Yugoslavia.
Flying The Unfriendly Skies: The Liaiblity Of Airlines Under The Warsaw Convention For Injuries Due To Terrorism, Roberta L. Wilensky
Flying The Unfriendly Skies: The Liaiblity Of Airlines Under The Warsaw Convention For Injuries Due To Terrorism, Roberta L. Wilensky
Northwestern Journal of International Law & Business
In view of such considerations, this Comment will first explore the history of the Warsaw Convention, then examine the expansion of airline liabililty in cases of terrorism and wilful misconduct. Finally, the Comment will explore alternative means of compensating victims of terrorism.
United States Regulation Of Foreign Currency Futures And Options Trading: Hedging For Business Competitiveness Comment , Gary W. Glisson
United States Regulation Of Foreign Currency Futures And Options Trading: Hedging For Business Competitiveness Comment , Gary W. Glisson
Northwestern Journal of International Law & Business
This Comment first summarizes the existing regulatory scheme and identifies the restrictions imposed on foreign currency futures and options trading.'9 These restrictions undercut much of the apparent flexibility found in the CFTC's recent clarification of its hedging definition. The discussion continues with an explanation of the benefits 20 and costs2' of hedging against currency risk in today's economic climate. On balance, the benefits of the trading activity-increased competitiveness and financial product innovation-appear to justify the costs of potential abuse and threats to the congressional intent of the CEA. This result justifies a fresh approach to the scheme.22 Therefore, regulatory changes …
Extraterritorial Application Of Canadian Foreign Investment Review, Kathleen M. O'Laughlin
Extraterritorial Application Of Canadian Foreign Investment Review, Kathleen M. O'Laughlin
Northwestern Journal of International Law & Business
The ICA, which purportedly liberalized review of foreign investment, in fact reaffirmed the Foreign Investment Review Agency's role in reviewing extraterritorial transactions indirectly affecting control of Canadian business.' This Comment examines the policy implications of FIRA's and ICA's extraterritorial application, and concludes that it is unnecessary and counterproductive when direct control of Canadian business is unchanged, or when contractual liability follows a direct change of control.