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Articles 1 - 13 of 13
Full-Text Articles in Law
Litigating Claims Over Foreign Government-Owned Corporations Under The Commercial Activities Exception To The Foreign Sovereign Immunities Act, Sunil R. Harjani
Litigating Claims Over Foreign Government-Owned Corporations Under The Commercial Activities Exception To The Foreign Sovereign Immunities Act, Sunil R. Harjani
Northwestern Journal of International Law & Business
First, this article will examine the way courts have dealt with suits against FGOCs claiming immunity under the FSIA. Second, this article will argue that obtaining jurisdiction over a FGOC has become relatively easy under the FSIA due to the way courts have applied the commercial activities exception in recent decisions. Third, this article will suggest methods for United States and foreign businesses to avoid difficulties in obtaining jurisdiction over FGOCs. Finally, this article will advocate that FGOCs should no longer be provided sovereign immunity under U.S. law.
New Transfer Pricing Rules In Brazil, Alexandre Tadeu Seguim
New Transfer Pricing Rules In Brazil, Alexandre Tadeu Seguim
Northwestern Journal of International Law & Business
Through transfer price, the organization aims to evaluate and improve the performance of the related entity. The idea that transfer pricing is a mechanism designed only to avoid taxes is misleading. Actually, to transfer price is a sound and positive way to increase value. The 1979 OECD Report on Transfer Pricing and Multinational Enterprises emphasized that the term is neutral: "the consideration of transfer pricing problems should not be confused with the consideration of problems of tax fraud or tax avoidance, even though transfer pricing policies may be used for such purposes." The 1995 OECD Report went even further by …
Renegotiating Previous Governments' Privatization Deals: The 1997 U.K. Windfall Tax On Utilities And International Law, Thomas W. Waelde, Abba Kolo
Renegotiating Previous Governments' Privatization Deals: The 1997 U.K. Windfall Tax On Utilities And International Law, Thomas W. Waelde, Abba Kolo
Northwestern Journal of International Law & Business
Investment in privatized utilities leads to a very particular form of political risk--the risk that regulatory conditions change and special taxes are imposed, all measures within the sovereign powers of the state. The normal forms of protection against political risk (investment insurance, stabilization clauses, international investment treaties and international arbitration clauses) have not yet caught up with the emergence of new forms of political risk. The 1997 UK windfall tax announced by the Chancellor of the Exchequer in that year's budget speech is a case in point. This issue is not limited purely to the contemporary UK situation, but illustrates …
The Market Tort In Private International Law, Michael J. Whincop, Mary Keyes
The Market Tort In Private International Law, Michael J. Whincop, Mary Keyes
Northwestern Journal of International Law & Business
Perhaps the most troublesome of all choice of law questions arises when a plaintiff asserts a cause of action for injuries arising from a contractual exchange entered in a market situation. This description embraces some of the most important case types in modern litigation: products liability, securities litigation, industrial accidents, medical negligence, and so on. Outside of private international law cases, these have represented the battlefields of recent tort "crises" and subsequent reforms. We shall refer to these cases as "market torts" . They represent the principal subject of analysis in this work. The rules that should apply where a …
Attorney Fee Arrangements: The U.S. And Western Perspectives, Virginia G. Maurer, Robert E. Thomas, Pamela A. Debooth
Attorney Fee Arrangements: The U.S. And Western Perspectives, Virginia G. Maurer, Robert E. Thomas, Pamela A. Debooth
Northwestern Journal of International Law & Business
This article develops an analytical framework for viewing the rules on attorney fee arrangements that have been adopted in the United States and in major western European countries. In section II the paper explains the choice of economic agency theory as a starting point for developing this framework. Within the meaning of economic agency, the attorney is a dual agent, with duties to both the client and the judicial system. In section III the paper identifies five interests that form the basis for evaluating fee systems. These interests are derived from applying basic agency theory to the duties of the …
Restrictive Trade Practices And The Extraterritorial Application Of U.S. Antitrust And Trade Legislation, Mark A.A. Warner
Restrictive Trade Practices And The Extraterritorial Application Of U.S. Antitrust And Trade Legislation, Mark A.A. Warner
Northwestern Journal of International Law & Business
The Japan-U.S. economic relationship has been marked by tremendous friction and misunderstanding. These tensions have given rise in the past to the extraterritorial application of U.S. trade and antitrust laws to perceived public and private restrictive trade practices. In this paper, I will review the U.S. approach to the extraterritorial application of trade and antitrust laws, particularly as they apply to Japan. I will conclude that although formal coercion has given way to more bilateral negotiations, demands will grow for a return to the more aggressive U.S. posture of the past unless meaningful and effective market access is achieved. I …
Selecting A Corporate Form: Foreign Direct Investment In Vietnam's Oil And Gas Industry Under The 1995 Land Law, Magali Matarazzi
Selecting A Corporate Form: Foreign Direct Investment In Vietnam's Oil And Gas Industry Under The 1995 Land Law, Magali Matarazzi
Northwestern Journal of International Law & Business
Foreign investment in Vietnam by U.S. investors has been controversial since the termination of the Vietnam War. Originally, there were political considerations. The idea of conducting business with a socialist government, that was an enemy in the recent past, was antithetical to the U.S. Congress and population. The trade embargo imposed on Vietnam was a reflection of this sentiment. In the meantime other nations were willing to negotiate with the new government because business considerations out-weighed political ideals. Vietnam proved to be a wealth of natural resources, most notably oil and gas reserves. There was also speculation that Vietnam's economy …
Network Industries, Third Party Access And Competition Law In The European Union, Carlos Lapuerta, Boaz Moselle
Network Industries, Third Party Access And Competition Law In The European Union, Carlos Lapuerta, Boaz Moselle
Northwestern Journal of International Law & Business
This article addresses a set of issues that arise in the context of market liberalization for a special and important class of industries, the so-called "network industries," which include electricity, natural gas, rail transportation and telecommunications. Each of these industries combines activities that are potentially competitive, such as generation of electricity, with ones that are naturally monopolistic, such as transmission of electricity. This combination produces a unique set of challenges to competition law and policy in designing a market structure and regulatory framework which maximize the benefits of liberalization while effectively controlling any tendencies to monopolistic abuse. We analyze "Chicago …
A Critique Of Light-Handed Regulation: The Case Of British Gas February 1999, Paul Carpenter, Carlos Lapuerta
A Critique Of Light-Handed Regulation: The Case Of British Gas February 1999, Paul Carpenter, Carlos Lapuerta
Northwestern Journal of International Law & Business
Although attractive in theory, the implementation of light-handed regulation in the United Kingdom has faced several problems. First, light-handed regulation has not worked as anticipated to avoid the need for lengthy regulatory proceedings. Second, light-handed regulation has unintentionally created inefficient incentives for regulated companies. Third, light-handed regulation has not successfully constrained the monopoly power of incumbents. We illustrate the problems with light-handed regulation principally by reference to the experience of British Gas. The British government established the Office of Gas Regulation, known as Ofgas, to regulate British Gas after its privatization. However, Ofgas was not able to set reasonable prices …
The Privatization And Project Finance Adventure: Acquiring A Colombian Public Utility Company, Mario Andrade, Mario A. De Castro
The Privatization And Project Finance Adventure: Acquiring A Colombian Public Utility Company, Mario Andrade, Mario A. De Castro
Northwestern Journal of International Law & Business
Colombia is an exciting new arena for the international practitioner structuring project finance and privatization transactions. The sectors of the economy that are attractive targets for most multinationals (MNCs) entering Colombia are the energy, oil and gas, mining, water, and telecommunications sectors. In most cases, MNCs in these sectors consider investments in Colombia when the Colombian authorities announce a plan for the privatization or capitalization of state-run companies that have a monopoly on business. Often the MNC becomes aware of the privatization, concession, or capitalization project via an official announcement by the Colombian government calling for bids or an invitation …
Integration Of International Financial Regulatory Standards For The Chinese Economic Area: The Challenge For China, Hong Kong, And Taiwan, Lawrence L.C. Lee
Integration Of International Financial Regulatory Standards For The Chinese Economic Area: The Challenge For China, Hong Kong, And Taiwan, Lawrence L.C. Lee
Northwestern Journal of International Law & Business
This article initially reviews the current development of financial services that converge regulatory systems around the world. Along with focusing on banking and securities, this article assesses financial systems and regulators within China, Hong Kong, and Taiwan respectively. The evaluation of the CEA's financial system is based on recommendations issued by the Basle Committee. In addition, with respect to the principle of national treatment, this article evaluates the operations of foreign financial institutions in the CEA. In the future, participation in the WTO will enable the CEA to experience greater growth and increase its participation in the internationalization of financial …
Fasb V. Iasc: Are The Structure And Standard Setting Process At The Iasc Adequate For The Securities And Exchange Commission To Accept International Accounting Standards For Cross-Border Offerings? , Charles Canfield
Northwestern Journal of International Law & Business
This comment compares and contrasts the IASC's structure and stan- dard setting process with the structure and process for promulgating ac- counting standards of the Financial Accounting Standards Board ("FASB"), the standard setter for the United States. The purpose of this comparison is to determine whether or not the IASC's structure and process for standard development are adequate for the development of acceptable core standards. This comparison uses FASB, not for the purpose of imposing FASB as the standard setter for the world, but for the purpose of comparing the IASC with an established long-standing standard setter, and because the …
The Parameters Of The Attorney-Client Privilege For In-House Counsel At The International Level: Protecting The Company's Confidential Information, Joseph Pratt
Northwestern Journal of International Law & Business
The gaps in the privilege at the international level present a major problem for general counsel. In the worst case scenario, the company's own legal opinions could be used against it by a foreign tribunal. To reduce this risk, general counsel at multinationals should become familiar with the parameters of the attorney-client privilege at the international level and use this knowledge to devise strategies to protect the corporation's sensitive information in foreign jurisdictions. Part II of this comment begins by describing the roots of the modem attorney-client privilege in the United States and its extension to in-house counsel. This section …