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Full-Text Articles in Law
Anticipating Regulation Of New Telecommunications Technologies: An Argument For The European Model, Jessica Finley
Anticipating Regulation Of New Telecommunications Technologies: An Argument For The European Model, Jessica Finley
Northwestern Journal of International Law & Business
This paper argues that the United States should look to the European Community in order to rework its telecommunications regulatory structure. More specifically, the United States should reconsider its current system of regulating various telecommunications sectors separately and follow the European Commission by developing a "single regulatory framework." By regulating the telecommunications transmission separately from telecommunications content, the United States can better anticipate emerging technologies rather than struggling to catch up with new technologies as they exceed the reach of the current regulatory framework. Part II will discuss the U.S. and European telecommunications regulatory frameworks. Part III will discuss the …
Infrastructure For Commerce, Michael B. Likosky
Infrastructure For Commerce, Michael B. Likosky
Northwestern Journal of International Law & Business
While the government presents the MSC as the embodiment of the future, structurally it bears remarkable resemblance to the colonial legal orders. The enclave nature of the MSC is reminiscent of the colonial dual legal orders. At the same time, the international legal and economic orders have undergone profound changes. The international legal order is now premised on sovereign absolutism and equality among nation-states. The reigning economic paradigm is high technology rather than manufacturing or the spice trade. Discussion of the continuities and discontinuities between colonial and present day transnational legal orders must thus attend to a number of variables. …
Trade In Technology Within The Free Trade Zone: The Impact Of The Wto Agreement, Nafta, And Tax Treaties On The Nafta Signatories, Catherine Brown, Christine Manolakas
Trade In Technology Within The Free Trade Zone: The Impact Of The Wto Agreement, Nafta, And Tax Treaties On The Nafta Signatories, Catherine Brown, Christine Manolakas
Northwestern Journal of International Law & Business
Trade in technology and related services has assumed a major role both on the world trade agenda and within the NAFTA block. The success of such cross-border trade is dependent upon three factors: protection of intellectual property,' access to foreign markets by service providers, and a minimized risk of double taxation. Each of these factors is impacted by national laws, multinational conventions, and bilateral tax treaties. The last decade has witnessed an explosion of such legislation and agreements. This article focuses on Canada, Mexico and the United States, and explores the World Trade Organization Agreement ("WTO Agreement"), the North American …
United States Policy Regarding Technology Transfer To The People's Republic Of China, Elizabeth M. Nimmo
United States Policy Regarding Technology Transfer To The People's Republic Of China, Elizabeth M. Nimmo
Northwestern Journal of International Law & Business
This Comment will focus on the nature and likely effect of the new United States export licensing rules regulating the transfer of technology to China. Part I will address the history and development of United States export control policy to China. Part II will discuss both the ideo- logical debate over the appropriate China technology transfer policy, and the general licensing procedures under the United States Export Admin- istration Act. Part III will analyze the substantial changes in and practi- cal effect of the new licensing guidelines for China, and the policy reasons behind the changes. Part IV will assess …
United States International Communications And Information Policy: A Crisis In The Making?, Dante B. Fascell, Virginia M. Schlundt
United States International Communications And Information Policy: A Crisis In The Making?, Dante B. Fascell, Virginia M. Schlundt
Northwestern Journal of International Law & Business
The arrival of the highly-touted "information age" may precipitate a crisis for the United States if attention is not directed toward the impact of rapidly-changing communications technology on the American economy and society. Most discussions about the implications of the information age have centered on specific problem areas - such as regulation of transborder data flows, allocation of radio frequencies and deregulation of telecommunication services. This Perspective, however, will attempt to provide a cohesive discussion by examining the components of United Stats international communications and information policy, demonstrating their interrelationships, and pinpointing some of the implications of a failure to …