Law Commons^™

The $4 Billion Question: An Analysis Of Congressional Responses To The Fsc/Eti Dispute Under Wto Export Subsidy Standards, William Chou

Northwestern Journal of International Law & Business

During the decade-long relationship between the United States and the World Trade Organization (WTO), perhaps no controversy has fomented as long and bitterly as the dispute over the U.S. tax benefits for exporters. This article analyzes two competing bills before the House of Representatives, both devised to bring the United States in compliance with the WTO's ruling against the U.S. Foreign Sale Corporation (FSC) and Exterritorial Income (ETI) tax regimes as prohibited export subsidies. Hit with a $4 billion retaliatory tariff by the European Union, the House sought new tax legislation that would preserve at least some of the tax …

Comparative Advertising In The United States And In France, Charlotte J. Romano

Northwestern Journal of International Law & Business

Comparative advertising has been widely used for over thirty years in the United States. By contrast, the use of this advertising format has traditionally been-and still is-very marginal in France. The term "comparative advertising" refers to any form of advertising in which a trademark owner draws a comparison between his product, service, or brand and that of a competitor. The central issue of this article is to determine why, despite identical guiding policies, comparative advertising remains unusual in France while it is commonplace in the United States. Attempting to answer that question unavoidably raises numerous related issues: can the two …

Choice Of Short-Term And Long-Term Debt In Five Eastern European Countries, Anoop Rai, Victoria Danilevskaia

Journal of International Business and Law

No abstract provided.

Foreign Currency Risk Management Practices In U.S. Multinationals, K. G. Viswanathan, Seema Menon

Journal of International Business and Law

No abstract provided.

The Vietnamese Judiciary: The Politics Of Appointment And Promotion, Penelope (Pip) Nicholson, Nguyen Hung Quang

Washington International Law Journal

This Article contends that while the Vietnamese judiciary and court system have been the subject of not insignificant reforms over the last two years, they remain political institutions. More particularly, our analysis of the manner and criteria for the appointment and dismissal of judicial officers characterizes these officers as having to act within the auspices of the Communist Party of Vietnam, despite reforms having been introduced that cast the courts as more independent.

The Heart Of Fiji's Land Tenure Conflict: The Law Of Tradition And Vakavanua, The Customary "Way Of The Land", John Crosetto

Washington International Law Journal

In an effort to ease racial tension and the resulting political unrest, recent law reform in Fiji has focused on land tenure. Political coups in the wake of expiring agricultural leases demonstrate that the current tenure system fails to provide the security and predictability demanded by both Fijian owners and Indian tenants. Current law reform theory advocates adapting the rule of law to the local context to promote human rights and self-determination. A problem lies, however, in identifying the institutions and interests that define Fiji's local context. In addition to the country's divided ethnic population, Fiji's "tradition" is largely defined …

Mapping The Law Of Legalizing Maps: The Implications Of The Emerging Rule On Map Evidence In International Law, Hyung K. Lee

Washington International Law Journal

Parties to boundary and territory disputes often rely on maps favorable to their claims. Traditional international law, however, restricts the evidentiary value of maps so that they provide only collateral, rather than probative evidence of title. Although international tribunals have not yet abrogated the traditional rule on map evidence, their recent decisions show willingness to depart from it in certain circumstances. The emerging new rule on map evidence poses intriguing theoretical as well as practical questions. This Comment analyzes several decisions of the International Court of Justice and the Permanent Court of Arbitration to reveal the evolution in the status …

Directors Of The Canada-United States Law Institute, Directors

Canada-United States Law Journal

No abstract provided.

Introduction Session 3: Beyond Nafta: A New Partnership For Common Security And Prosperity In North America, Henry T. King Jr.

Canada-United States Law Journal

No abstract provided.

Discussion Following The Speeches Of Ambassador Esserman And Mr. Potter Section1: Canada And U.S Approaches To Free Trade Agreements - Canadian Speaker, Discussion

Canada-United States Law Journal

No abstract provided.

M’Intosh To Mabo: Sovereignty, Challenges To Sovereignty, And Reassertion Of Sovereign Interests, William Wallace

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

A Deadly Dilemma: The Failure Of Nations’ Organ Procurement Systems And Potential Reform Alternatives, Christy M. Watkins

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

The Sacrifice Of Jean Kambanda: A Comparative Analysis Of The Right To Counsel In The International Criminal Tribunal For Rwanda And The United States, With Emphasis On Prosecutor V. Jean Kambanda, Kelly Xi Huei Lalith Ranasinghe

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

After The Argentine Crisis: Can The Imf Prevent Corruption In Its Lending? A Model Approach, Juan Carlos Linares

Richmond Journal of Global Law & Business

No abstract provided.

Aboriginal Title And Extinguishment Not So "Clear And Plain": A Comparison Of The Current Maori And Haida Experiences, Jacqueline F. Pruner

Washington International Law Journal

As the end of the United Nations General Assembly's International Decade of the World's Indigenous Peoples (1995-2004) approaches, indigenous peoples worldwide are proactively seeking an unprecedented reclamation of aboriginal rights lost since European colonization. One of the most all-encompassing rights that is asserted by indigenous peoples is the right of "indigenous title," a legal term of art that is both difficult to define and challenging to recognize. Notwithstanding domestic opposition from their respective provincial or national legislatures, both the Haida of Canada and the Maori of New Zealand are currently pursuing recognition of this indigenous right through their respective judiciaries. …

Problems With Sharing The Pirates’ Booty: An Analysis Of Trips, The Copyright Divide Between The United States And China & Two Potential Solutions, Manesh Jiten Shah

Richmond Journal of Global Law & Business

No abstract provided.

Labor Standards In Recent U.S. Trade Agreements, William (Bud) Clatanoff

Richmond Journal of Global Law & Business

No abstract provided.

Convergence: Challenges, Controversies And Collaboration, David Van Zandt

Northwestern Journal of International Law & Business

In this Symposium issue, the Northwestern Journal of International Law and Business has brought together seven outstanding commentators on the possibilities, complexities and controversies of convergence.

Setting A Global Standard: The Case For Accounting Convergence, David Tweedie, Thomas R. Seidenstein

Northwestern Journal of International Law & Business

As capital markets play an increasingly central role in today's modern economies, policy-makers are confronted with the question of how to assure the continued effective functioning of these markets and, in particular, how to develop a sound financial reporting infrastructure. Recent experience suggests that such a reporting infrastructure must be built on accounting standards that are consistent, comprehensive, and based on clear principles to enable financial reports to reflect underlying economic reality.

A Dual Catastrophe Of Protectionism, Sungjoon Cho

Northwestern Journal of International Law & Business

Suppose that a consortium of wealthy and powerful local industries, acting through lawmakers captured by these industries, managed to pass a statute, damaging to the larger public welfare, purely for a protectionist purpose. Suppose further that this statute victimizes exports from a small, poor country such as Vietnam, to a large, rich country such as the United States, because these imported products are cheaper and thus pose a competitive threat to rival domestic industries. Suppose also that courts in the importing country can do little to stop this chain of events. Rational individuals might find these events objectionable, if not …

International Convergence Of Accounting Standards-Perspectives From The Fasb On Challenges And Opportunities, Robert H. Herz, Kimberley R. Petrone

Northwestern Journal of International Law & Business

Convergence of international accounting standards is not a new initiative at the Financial Accounting Standards Board (FASB or Board); in fact, the FASB has pursued international "convergence" for almost half of its more than thirty year existence.' The FASB's international activities initially fell under the heading of harmonization, or internationalization, of accounting standards. Today those activities are referred to as convergence.Whatever the term, the Board has long held the view that a single set of high-quality international accounting standards is desirable because its use will improve international comparability of financial information; reduce costs to financial statement users, preparers, auditors, and …

The Icj And Municipal Law: The Precedential Effect Of The Avena And Lagrand Decisions In U.S. Courts, Philip V. Tisne

Fordham International Law Journal

This Note argues that neither the framers of the Optional Protocol (“the Framers”), nor the U.S. Senate that ratified it, intended to delegate to the ICJ the authority to interpret the Vienna Convention as a matter of U.S. law. Part I of this Note describes the role and function of international law in the U.S. domestic legal system. Part I then presents the structure and history of the Permanent Court of International Justice (“PCIJ”) and the ICJ (collectively, “the World Courts”). Part I also describes the history and relevant provisions of the Vienna Convention and the Optional Protocol. Part II …

Newness, Imperialism, And International Legal Reform In Our Time: A Twail Perspective, Obiora Chinedu Okafor

Osgoode Hall Law Journal

No abstract provided.

Book Notes: Law In A Market Economy, By Robin Paul Malloy, Jennifer Oosterbaan

Osgoode Hall Law Journal

No abstract provided.

Fig Leaves, Fairytales, And Constitutional Foundations: Debating Judicial Review In Britain, Lori A. Ringhand

Scholarly Works

This paper examines an ongoing debate about the origins and legitimacy of judicial review as practiced in Britain. I begin by examining how British law traditionally has attempted to justify judicial review of governmental actions. I then discuss how that orthodox view has been challenged, and how the proponents of the orthodoxy responded to that challenge. In doing so, I explain how the British debate has evolved into a far-reaching examination of the role of interpretive methodologies in legitimating judicial power. I conclude by exploring how the richness and depth of the British discussion can inform the larger debate about …

Copyright Norms And The Problem Of Private Censorship, Wendy J. Gordon

Faculty Scholarship

Copyright policy must resolve intelligently the tension between upstream and downstream creators, between incentives to create and incentives to use. Downstream at1thors who copy and transform others' images or words as an input to new creativity have. obvious free speech concerns. So do simple copiers in those many instances where even non-creative copying is essential for expressing one's ideas or allegiances.

Part of the tension is economic. Because virtually every author :needs access to predecessor texts, a legislature that increases copyright protection for ·today's creators simultaneously increases tomorrow's costs of creation ¹ or use. But the issue goes far beyond …

Book Review: Peter H. Russell, Recognizing Aboriginal Title: The Mabo Case And Indigenous Resistance To English-Settler, W. Wesley Pue

All Faculty Publications

This provides a short review and commentary on Peter Russell's extraordinary new work on aboriginal peoples and settler-colony imperialism in Canada, the USA, Australian, and New Zealand.

The Application Of A System Of Systems Analysis To Assessments Of National Power, George T. Hodermarsky

Graduate Program in International Studies Theses & Dissertations

This dissertation proposes an approach and methodology for the utilization of the fundamentals of systems theory as an aid to national security decision-making. At its core is an examination of the elements of nations' or non-state actor's power resources. The product of the analysis is the compilation of a set of nodes, and the relationships between these, upon which actions may be taken to achieve desired effects. Since the boundaries between the subsystems of power resources are flexible and permeable, and there will be interactions between elements in different subsystems, a system of systems approach is essential so that the …

Telecommunications Technology And Sovereignty: Effects On States As Information Transfer Increased From The Speed Of Oxcart To The Speed Of Light, James H. Radford

Graduate Program in International Studies Theses & Dissertations

Sovereignty---the absolute and unlimited power of the state---provides independence of action. Information about actions or intentions of competitors, enemies, or even friends, arriving after extended periods of time, resulted in responses to fait accompli. When information travels nearly instantaneously, states must consider potentially rapid international reactions before the fact. This suggests that since a state's freedom of action has been abridged, the nature of their sovereignty has altered.

This study pursues the research question: In what ways does telecommunications technology affect state sovereignty? The evolution of sovereignty is compared to development of telecommunications technology over four distinct eras, each …

Section 7 And The Politics Of Social Justice, Margot Young

All Faculty Publications

This paper examines the transformative potential of section 7 of the Canadian Charter of Rights and Freedoms and its potential usefulness in the struggle against social and economic injustice central to Canadian society. Can section 7 of the Charter encompass the protection of social and economic rights? In other words, can section 7 be interpreted to capture the progressive goal of economic redistribution? Three separate issues are considered, each providing different perspectives on the issue. First jurisprudence (doctrine) is considered, i.e. how section 7 can encompass substantive claims to economic redistributive justice. Secondly, the institutional appropriateness and justiciability of socio-economic …