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Articles 1 - 13 of 13

Full-Text Articles in Law

Trends. International Trade And The Subversion Of Justice: Japan, The European Union, And Iraq, Ibpp Editor Dec 1997

Trends. International Trade And The Subversion Of Justice: Japan, The European Union, And Iraq, Ibpp Editor

International Bulletin of Political Psychology

The author discusses the moral philosophy, the psychology of moral judgment, and treatises on law often suggest that justice subsumes some combination of behavioral and intentional accountability and equity.


Awarding Punitive Damages In International Commercial Arbitrations In The Wake Of Mastrobuono V. Shearson Lehman Hutton, Inc., John Gotanda Jul 1997

Awarding Punitive Damages In International Commercial Arbitrations In The Wake Of Mastrobuono V. Shearson Lehman Hutton, Inc., John Gotanda

John Y Gotanda

No abstract provided.


National Legal Restructuring In Accordance With International Norms: Gatt/Wto And China's Trade Reform, Thomas Man Apr 1997

National Legal Restructuring In Accordance With International Norms: Gatt/Wto And China's Trade Reform, Thomas Man

Indiana Journal of Global Legal Studies

No abstract provided.


Foundation-Building For Western Hemispheric Integration, Frederick M. Abbott Jan 1997

Foundation-Building For Western Hemispheric Integration, Frederick M. Abbott

Northwestern Journal of International Law & Business

The United States is embarked upon an ambitious program of western hemispheric economic integration about which its domestic body politic is decidedly ambivalent. The process in which the North American Free Trade Agreement (NAFTA) was approved in 1993 re- vealed deep divisions between the major political parties and their various interest group constituencies concerning the appropriate scope of an economic integration agenda. The Mexican peso crisis that began in December 1994 provoked a deep crisis of confidence regarding Mexico's readiness to participate in a mature economic partnership with the United States and Canada. Subsequent revela- tions relating to corruption infecting …


The Theory Of The Firm And The Theory Of The International Economic Organization: Toward Comparative Institutional Analysis, Joel P. Trachtman Jan 1997

The Theory Of The Firm And The Theory Of The International Economic Organization: Toward Comparative Institutional Analysis, Joel P. Trachtman

Northwestern Journal of International Law & Business

Debates regarding the competences and governance of interna- tional economic organizations such as the World Trade Organization (WTO), the European Union (EU) and the North American Free Trade Agreement (NAFFA) seem to grow more polarized. Academic lawyers, political scientists and economists seem to add little light to these heated debates. The purpose of this paper is to examine the theory of the firm and related transaction cost-based literatures of new institutional economics (NIE),4 law and economics (L&E) and industrial organizations (IO),' and the application of their analytical techniques to the linked problems of competence and governance of international economic organizations …


Gunboat Diplomacy In The Northwest Atlantic: The 1995 Canada-Eu Fishing Dispute And The United Nations Agreement On Straddling And High Migratory Fish Stocks, Derrick M. Kedziora Jan 1997

Gunboat Diplomacy In The Northwest Atlantic: The 1995 Canada-Eu Fishing Dispute And The United Nations Agreement On Straddling And High Migratory Fish Stocks, Derrick M. Kedziora

Northwestern Journal of International Law & Business

In March 1995, Canadian gunboats seized and impounded a Spanish fishing trawler and cut the nets of another Spanish boat for alleged violations of international quotas and regulations governing the fishing of Greenland Halibut in the international waters of the North Atlantic.1 Spain and the European Union (EU) responded by alleging that the Canadians violated international law and committed an act of piracy by seizing a foreign ship in international waters.2 The EU threatened to impose economic sanctions against Canada, and the Spanish government responded by sending its own gunboats into the North Atlantic.3 The stage was set for a …


Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand Jan 1997

Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand

Northwestern Journal of International Law & Business

One of the most difficult problems in the study of international law is determining when a rule of law applies to a given situation. This problem has two dimensions: (1) determining what the rule of law is and (2) determining when and how it is applied. The first di- mension, though complex, is the subject of Article 38 of the Statute of the International Court of Justice,' and the starting point for most dis- cussions of international law.2 Though it may be difficult to establish the existence of a rule of international law, particularly in the absence of a treaty, …


The Role Of Consensus In Gatt/Wto Decision-Making, Mary E. Footer Jan 1997

The Role Of Consensus In Gatt/Wto Decision-Making, Mary E. Footer

Northwestern Journal of International Law & Business

The most striking aspect of the new World Trade Organization (WTO)' is the extent to which it preserves and consolidates the body of law and practice which has evolved out of the development of the General Agreement on Tariffs and Trade (GATT)2 and related instru- ments. Such preservation and consolidation is deliberate as the pre- amble to the Marrakesh Agreement Establishing the World Trade Organization (Marrakesh Agreement) makes clear.3 The mechanism chosen for the transition from the GAT-T to the WTO was designed to provide a degree of continuity, stability and thereby predictability in the multilateral trading system. Its occurrence …


"Trade And": Recent Developments In Trade Policy And Scholarship - And Their Surprising Political Implications, Jeffrey L. Dunoff Jan 1997

"Trade And": Recent Developments In Trade Policy And Scholarship - And Their Surprising Political Implications, Jeffrey L. Dunoff

Northwestern Journal of International Law & Business

Lately, I've been thinking about the richly suggestive phrase "trade and." What does it mean? Is it shorthand for new topics on the expanded trade agenda, such as "trade and environment" or "trade and intellectual property"? Does it describe new movements in legal scholarship on trade issues? How is it similar to, or different from, "law and"? Until fairly recently, most scholarship about international trade law fell within a relatively well-defined domain. The substantive focus of this traditional scholarship' typically has been on a series of tradi- tional, core "trade" issues: tariffs, quotas, most-favored-nation treat- ment, nondiscrimination, permissible safeguards and …


From Diplomacy To Law: The Juridicization Of International Trade Relations, Arie Reich Jan 1997

From Diplomacy To Law: The Juridicization Of International Trade Relations, Arie Reich

Northwestern Journal of International Law & Business

This article deals with the development of law; i.e., the evolution of a legal regime in a field which prior thereto was not subject to law. It is my view that such a process took place in recent decades in the area of trade relations between sovereign nations. The period since World War II, and particularly recent years, is marked by the clear development of a conventional legal regime which regulates trade re- lations among the majority of countries of the world, as expressed by the multiplication of legal norms and the strengthening of the binding nature of these norms …


Assessing Apec's Role In Economic Integration In The Asia-Pacific Region, Merit E. Janow Jan 1997

Assessing Apec's Role In Economic Integration In The Asia-Pacific Region, Merit E. Janow

Northwestern Journal of International Law & Business

This article examines the Asia-Pacific Economic Cooperation (APEC) forum as a new institution to promote economic integration in the Asia-Pacific region. APEC does not lend itself to straightfor- ward definition. Formed only recently in 1989, APEC is currently comprised of 18 member "economies"1 and is organized around a set of intergovernmental meetings. Its very nomenclature, APEC, lacks a descriptive noun.2


Begränsar Distributionssamverkan Konkurrensen? Grönbok Från Eu, Hans Henrik Lidgard Dec 1996

Begränsar Distributionssamverkan Konkurrensen? Grönbok Från Eu, Hans Henrik Lidgard

Hans Henrik Lidgard

No abstract provided.


International Trade Agreements: Vehicles For Regulatory Reform?, David A. Wirth Dec 1996

International Trade Agreements: Vehicles For Regulatory Reform?, David A. Wirth

David A. Wirth

No abstract provided.