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- Keyword
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- European Union (2)
- Anti-monopoly law (1)
- Application of Sanitary and Phytosanitary Measures (1)
- Auction house; stolen art; regulation; Sotheby's; Christie's (1)
- Aviation (1)
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- Bank secrecy law (1)
- China (1)
- Competition law (1)
- Data protection laws (1)
- Financial institutions (1)
- Forum non conveniens (1)
- Genetic engineering; genetically modified organisms; biotechnology; China (1)
- Genetically-Modified Organisms (1)
- International expansion of law firms; foreign law; transnational law; regulation (1)
- International plaintiff (1)
- International trade; global economics; express delivery services; monopolization (1)
- Money laundering; Council of Europe; Organization for Economic Cooperation and Development; United Nations; Organization of American States; Transparency International; Financial Action Task Force; Financial Stability Forum (1)
- Multinational corporations; corporate tax; international tax; inversion transactions (1)
- Paris Convention for the Protection of Industrial Property (1)
- Patriot Act (1)
- Preservation of court access statute (1)
- Product injury cases (1)
- Technical Barriers to Trade (1)
- Trade-Related Aspects of Intellectual Property Rights (1)
- Transactional money laundering (1)
- Transatlantic Common Aviation Area (1)
- Transport (1)
- Ultra vires; Macau Special Administrative Region; Greater China; (1)
- World Trade Organization; Doha Development Agenda; treaty; developing country (1)
Articles 1 - 14 of 14
Full-Text Articles in Law
Should China Provide Intellectual Property Protection For Genetically Modified Animals?, Ke Geng
Should China Provide Intellectual Property Protection For Genetically Modified Animals?, Ke Geng
Northwestern Journal of International Law & Business
The advent of recombinant genetic engineering techniques has revolutionized biotechnology. The biomedicine and biotechnology industries have extensively employed these techniques to improve the quality of agricultural crops and livestock and to create genetically modified organisms ("GMOs") in order to produce drugs. Since as much as twenty-five percent of the world's intellectual property-related trade involves biotechnology, many countries have realized the importance of providing intellectual property protection for biotechnological technologies, including GMOs. In the past decade, China's booming economy has helped make its biotechnological market the fastest growing market in the world. To stimulate innovation and attract private investment in its …
The European Union's Efforts To Sidestep The Wto Through Its Ban On Gmos: A Response To Sarah Lively's Paper, "The Abcs And Ntbs Of Gmos", Johannes S.A. Iii Claus
The European Union's Efforts To Sidestep The Wto Through Its Ban On Gmos: A Response To Sarah Lively's Paper, "The Abcs And Ntbs Of Gmos", Johannes S.A. Iii Claus
Northwestern Journal of International Law & Business
The purpose of this paper is to refute Ms. Sarah Lively's article, the ABCs and NTBS of GMOs, detailing the reasons why the E.U. legislation is not in harmony with the WTO agreements. This paper will argue that if a WTO dispute settlement body were to decide upon the validity of the current European GMO regime, it would strike down the regulation as contrary to the WTO agreements signed by the European Union and the United States. The European Union's four year moratorium on GMOs continues to be one of the most hotly-contested trade issues facing it and the United …
Justice Required: Using A Preservation-Of-Court-Access Approach To Forum Non Conveniens In Five International Product-Injury Case Studies, Jeffrey A. Van Detta
Justice Required: Using A Preservation-Of-Court-Access Approach To Forum Non Conveniens In Five International Product-Injury Case Studies, Jeffrey A. Van Detta
Northwestern Journal of International Law & Business
The American federal courts have used a questionable common law procedural rule to erect a virtually impenetrable barrier for those injured in other countries by products or industrial activities of U.S.-based multinationals. This barrier exists as the forum non conveniens ("FNC") rule. Section II briefly reviews the current problems that the FNC rule causes and explains its origins. In Section III, I describe my doctrinal shift away from the FNC rule to a preservation-of-court-access statute. I demonstrate in Section IV, the focus of the article, how applying that statute would change the outcome of actual product injury cases filed by …
"Open Skies" At A Crossroads: How The United States And European Union Should Use The Ecj Transport Cases To Reconstruct The Transatlantic Aviation Regime, Jacob A. Warden
Northwestern Journal of International Law & Business
Since the creation of the modern international aviation regime, at the 1944 Chicago Conference, the United States has used this power and prestige to create a system much to its liking. However, the recent decision of the Court of Justice of the European Communities ("ECJ") in the Transport Cases threatens to change this. The Transport Cases, brought by the European Commission ("Commission") in an attempt to achieve exclusive authority to negotiate commercial aviation agreements for the collective European Union, partially struck down several bilateral aviation treaties signed between several of the Member States and the United States. The Commission, recognizing …
The Disappearance Of The Ultra Vires Doctrine In Greater China: Harmonized Legislative Action Or (Simply) An Accident Of History, Lutz-Christian Wolff
The Disappearance Of The Ultra Vires Doctrine In Greater China: Harmonized Legislative Action Or (Simply) An Accident Of History, Lutz-Christian Wolff
Northwestern Journal of International Law & Business
In the context of company law, the term "ultra vires" is normally used to describe acts that are beyond the scope of the powers of a corporation. Rules concerning ultra vires acts of companies have changed in recent years in mainland China, Taiwan and the Hong Kong Special Administrative Region ("Hong Kong"). It appears that in all of these parts of Greater China, the legal frameworks are now rather similar to each other and seem to resemble the rules that are applied in the Macau Special Administrative Region ("Macau"). This, of course, provokes questions: what are the reasons for these …
Regulatory Mismatch In The International Market For Legal Services, Carole Silver
Regulatory Mismatch In The International Market For Legal Services, Carole Silver
Northwestern Journal of International Law & Business
The increasingly international reach of law owes part of its momentum to individual lawyers and law firms that function as carriers of ideas, processes and policies. U.S. lawyers are important participants in this expanding influence of law, both in the public sphere in areas such as human rights and in private areas, such as regulation of business. They work as representatives of both U.S. clients and foreign organizations and governments, bringing their basic mindset, shaped by education and practice experiences, into their dealings with foreign lawyers as they connect in a variety of roles, from co- and opposing counsel, to …
Fight Or Flight Of U.S.-Based Multinational Businesses: Analyzing The Causes For, Effects Of, And Solutions To The Corporate Inversion Trend, Hale E. Sheppard
Fight Or Flight Of U.S.-Based Multinational Businesses: Analyzing The Causes For, Effects Of, And Solutions To The Corporate Inversion Trend, Hale E. Sheppard
Northwestern Journal of International Law & Business
When a person is confronted by a threat, he or she experiences a psychological and physiological response commonly known as "fight or flight." In general, this innate survival mechanism causes the body to direct blood to vital areas and to release lactic acid, adrenaline and other chemicals in order to prepare a person to either face the threat or flee immediately. Multinational corporations based in the United States, likewise, have recently displayed similar fight-or-flight behavior when faced with the threat of high taxes. Unfortunately for the U.S. economy, a growing number of these American corporations have chosen the latter: flight. …
The Protection Of Test And Other Data Required By Article 39.3 Of The Trips Agreement, G. Lee Skillington, Eric M. Solovy
The Protection Of Test And Other Data Required By Article 39.3 Of The Trips Agreement, G. Lee Skillington, Eric M. Solovy
Northwestern Journal of International Law & Business
This article provides a comprehensive analysis of the origins, purpose and scope of protection for test and other data required by TRIPS Article 39.3. Through this analysis, which looks to the ordinary meaning of the provision in proper context in the same manner as would a WTO dispute settlement panel or the WTO Appellate Body, we conclude that Article 39.3 provides protection against the unjust or unfair application or conversion of certain test and other data to make a profit or to obtain a benefit. Such protection must be provided long enough to allow the originator to at least recoup …
The New Economic Constitution In China: A Third Way For Competition Regime?, Youngjin Jung, Qian Hao
The New Economic Constitution In China: A Third Way For Competition Regime?, Youngjin Jung, Qian Hao
Northwestern Journal of International Law & Business
This article will discuss the basic features of the competition regime China is ready to set up, as envisioned in its draft of the anti-monopoly law. By comparing different antimonopoly systems worldwide and their relevance to China's idiosyncrasies in its antimonopoly law, this article intends to promote a better understanding of China's emerging antitrust regime by providing illustrative comments and legislative suggestions. Part II of this article will focus on the economic and legal contexts of the drafting of the antimonopoly law in order to illuminate the unique priorities of the Chinese lawmakers. Part III will highlight the distinctive traits …
Strengthening Available Evidence-Gathering Tools In The Fight Against Internatoinal Money Laundering, W. Clifton Holmes
Strengthening Available Evidence-Gathering Tools In The Fight Against Internatoinal Money Laundering, W. Clifton Holmes
Northwestern Journal of International Law & Business
Congress responded rapidly to the terror attacks, passing the U.S.A. Patriot Act ("Patriot Act") in October 2001. In addition to providing the death penalty for the "attempted wrecking of a mass transportation vehicle," the Patriot Act contains several anti-money laundering provisions. This article will argue that the Patriot Act's anti-money laundering scope was excessively narrow in that the Act did not address existing inadequacies under federal law in the area of grand jury investigations of transnational money laundering offenses. In order to enhance the efficacy of such investigations, Congress should take three steps: first, Congress should confer to federal courts …
Express Delivery And The Postal Sector In The Context Of Public Secto Anti-Competitive Practices, D. Daniel Sokol
Express Delivery And The Postal Sector In The Context Of Public Secto Anti-Competitive Practices, D. Daniel Sokol
Northwestern Journal of International Law & Business
International trade plays an increasingly important role in global economics. One growing part of the international economy has been express delivery services. Because various governments that maintain public sector postal monopolies have erected barriers to entry to impede its growth, express delivery has become an important battleground within the realm of trade. International trade, which initially consisted mainly of the trade of goods, is now increasingly focusing on services. This article focuses on the problem of a particular type of service and the barriers on this service (express delivery) that countries place upon it. Not surprisingly, those countries that are …
Implementation Of The Wto Agreements: Framework And Reform, Xin Zhang
Implementation Of The Wto Agreements: Framework And Reform, Xin Zhang
Northwestern Journal of International Law & Business
The term 'implementation' has two meanings in the WTO context. The general meaning refers to all the modalities, mechanisms, and instruments that assist in the application of the WTO Agreements. A more recent meaning, highlighted by the Doha Development Agenda, addresses the 'implementation-related issues and concerns' such as those "raised by many developing-country Members regarding the implementation of some WTO Agreements and Decisions, including the difficulties and resource constraints that have been encountered in the implementation of obligations in various areas." In this regard, the WTO implementation issue refers to the abilities of developing-country Members to implement the existing WTO …
Crackdown On Money Laundering: A Comparative Analysis Of The Feasibility And Effectiveness Of Domestic And Multilateral Policy Reforms, Kathleen A. Lacey, Barbara Crutchfield George
Crackdown On Money Laundering: A Comparative Analysis Of The Feasibility And Effectiveness Of Domestic And Multilateral Policy Reforms, Kathleen A. Lacey, Barbara Crutchfield George
Northwestern Journal of International Law & Business
This is a uniquely opportune time for anti-money laundering initiatives and policy reform to occur. Since the terrorist attacks in the United States in September, 2001, security agencies throughout the world have rushed to follow leads that may prove that Osama bin Laden financed the attack with massive amounts of laundered money. Greater awareness of the harmful effects of money laundering, and public and governmental concerns regarding reverse-money laundering by terrorists, has resulted in a surge of attention directed toward anti-money laundering efforts. Consequently, financial institutions are under increasing pressure to comply with existing anti-money laundering regulations by implementing internal …
The International Art Auction Industry: Has Competition Tarnished Its Finish, Brenna Adler
The International Art Auction Industry: Has Competition Tarnished Its Finish, Brenna Adler
Northwestern Journal of International Law & Business
I argue that a stronger, more cohesive international regulation specially tailored to the auction industry is required in order to keep auction houses from committing unlawful behavior. Auction houses should not be considered merely businesses. Rather, special regulations are needed--regulations that take into account the unique goods that auction houses sell. Part I of this comment will describe auctioneers' duties to sellers under the law. I will compare and contrast the laws of the United States, the Netherlands, and France and focus on an American case that discusses the breach of an auctioneer's duty to the seller. Part II will …