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Articles 391 - 420 of 624
Full-Text Articles in International Law
Designing An Fcpa Compliance Program: Minimizing The Risks Of Improper Foreign Payments, Daniel L. Goelzer
Designing An Fcpa Compliance Program: Minimizing The Risks Of Improper Foreign Payments, Daniel L. Goelzer
Northwestern Journal of International Law & Business
Every U.S. company, public or private, that conducts operations out- side of the United States should devote serious consideration to creating and implementing an Foreign Corrupt Practices Act ("FCPA" or "Act") compli- ance program. In this context, an "FCPA compliance program" means a single, documented, corporate plan designed to reduce the likelihood that the company will engage in violations of the anti-bribery provisions of the FCPA, and to detect such violations and bring them to the attention of sen- ior management, if they occur.' A well-designed compliance program has obvious importance in educating employees concerning their responsibili- ties in this …
The Limitation On Benefit Clause Of The U.S.-German Tax Treaty And Its Compatibility With European Union Law, Dietmar Anders
The Limitation On Benefit Clause Of The U.S.-German Tax Treaty And Its Compatibility With European Union Law, Dietmar Anders
Northwestern Journal of International Law & Business
This comment details why the limitation on benefits clause of the U.S.- German Treaty is contrary to European Union law.5 Part I describes the discriminatory situation which German companies may face and illustrates how tax treaty abuse could occur and how to prevent it. Part I also contains an introduction to the U.S.-German Treaty and provides an example of the conflict between U.S. tax treaties and European Union law. Part II analyzes in detail the Treaty's discriminatory features with respect to European Union aw and discusses potential justifications for this discrimination based on the case law of the European Court …
Defending Sec And Doj Fcpa Investigations And Conducting Related Corporate Internal Investigations: The Triton Energy/Indonesia Sec Consent Decree Settlements, Arthur F. Mathews
Defending Sec And Doj Fcpa Investigations And Conducting Related Corporate Internal Investigations: The Triton Energy/Indonesia Sec Consent Decree Settlements, Arthur F. Mathews
Northwestern Journal of International Law & Business
This article will summarize the foreign bribery/corrupt foreign pay- ments provisions of the FCPA, briefly survey the related books and records and internal accounting controls provisions, analyze available defenses to civil and criminal FCPA charges, and explore sensitive substantive and strategic issues that arise in the defense of SEC and DOJ/grand jury investi- gations and in the conduct of related corporate internal investigations. This article will also analyze the recent SEC consent decree settlements in the Triton Energy/Indonesia case, and explore the types of defenses that might be pursued if an FCPA foreign payments case like Triton were litigated rather …
The United States' Response To Tax Havens: The Foreign Base Company Services Income Of Controlled Foreign Corporations, Eric T. Laity
The United States' Response To Tax Havens: The Foreign Base Company Services Income Of Controlled Foreign Corporations, Eric T. Laity
Northwestern Journal of International Law & Business
This article is a detailed study of the taxation by the United States of foreign base company services income. Foreign base company services in- come is defined generally as the income derived by a controlled foreign corporation from the performance of services for a related person.2 Con- trolled foreign corporations, in turn, generally are the foreign subsidiaries of U.S. parent corporations.3 A controlled foreign corporation's foreign base company services income is taxed to its U.S. parent corporation, subject to various exclusions and qualifications. This article defines the class of sus- pect relationships between the controlled foreign corporation and its related …
Trade Policy And Election-Year Politics: The Truth About Title Iii Of The Helms-Burton Act, Leslie R. Goldberg
Trade Policy And Election-Year Politics: The Truth About Title Iii Of The Helms-Burton Act, Leslie R. Goldberg
Northwestern Journal of International Law & Business
Part I of this comment chronicles the historical events leading to the promulgation of the Helms-Burton Act. Part II provides an overview of Ti- tle I of the Helms-Burton Act. Part I then analyzes Title III and de- scribes why Title III will not protect the property rights of U.S. citizens or deter enough foreign business investment in Cuba to expedite the collapse of Castro's regime. Next, Part IV details the it-for-tat legal retaliation that has stemmed from Title I's enactment, and Part V discusses the legality of Title mI's private right of action. Finally, Part VI recommends that Title …
International Financial Institutions Face The Corruption Eruption: If The Ifis Put Their Muscle And Money Where Their Mouth Is, The Corruption Eruption May Be Capped, James P. Jr. Wesberry
International Financial Institutions Face The Corruption Eruption: If The Ifis Put Their Muscle And Money Where Their Mouth Is, The Corruption Eruption May Be Capped, James P. Jr. Wesberry
Northwestern Journal of International Law & Business
This article addresses what IFIs are doing, are not doing, and hopefully might do to help cap the corruption eruption sweeping our world. The article primarily relates the efforts of the World Bank in this area and briefly discusses efforts by other major IFIs.
Constitutionalism And International Organizations, Ernst-Ulrich Petersmann
Constitutionalism And International Organizations, Ernst-Ulrich Petersmann
Northwestern Journal of International Law & Business
Peaceful cooperation among individuals and among states has be- come a globally recognized policy objective. The worldwide trend to- wards deregulation, market economies, protection of human rights and democracies reflects an increasing recognition that individual freedom, non-discrimination and rule of law are the best conditions for promoting individual and collective self-determination and social welfare. But in contrast to the long-standing constitutional theories for national democracies, there is a troubling paucity of theory on how to achieve a peaceful international order based on worldwide liberal rules. During the first half of the 20th century, government policies in international relations continued to …
Accountability And International Lawmaking: Rules, Rents And Legitimacy, Paul B. Stephan
Accountability And International Lawmaking: Rules, Rents And Legitimacy, Paul B. Stephan
Northwestern Journal of International Law & Business
The domain of legal rules laid down by international bodies has grown enormously. Laws that have an international source influence a far larger portion of the world's commerce today than they did sixty or even twenty years ago. The enhanced significance and conse- quences of these laws raises an important question: What safeguards do we employ to increase the chances that they will do some good? More specifically, what processes hold international lawmakers ac- countable for their decisions?
Reconciling U.S. Disclosure Policy With International Accounting And Disclosure Standards, David S. Ruder
Reconciling U.S. Disclosure Policy With International Accounting And Disclosure Standards, David S. Ruder
Northwestern Journal of International Law & Business
In November of 1988, at a Melbourne, Australia meeting of the International Association of Securities Commissioners (IOSCO), the United States Securities and Exchange Commission (SEC) released a policy statement entitled "Regulation of the International Securities Markets."' The statement identified three broad areas of regulation that should be addressed in an effective international securities mar- ket regulatory system: efficient structures, sound disclosure systems, and fair and honest markets. The Commission stated that: "To achieve those objectives, securities regulators in each nation should work closely with their foreign counterparts and seek coordinated in- ternational solutions to world market problems."2 Significantly, the SEC …
Judicial Complicity With Communal Violence In India, Sara Ahmad
Judicial Complicity With Communal Violence In India, Sara Ahmad
Northwestern Journal of International Law & Business
Communal violence - or violence between groups which define themselves by their differences from each other' - is one of the fore- most human rights problems today.2 But the violence of the past 20 years differs from that of previous decades. Responsibility for current sectarian violence lies not with specific extremist groups but with gov- ernments which leverage inter-group hatred to gain power.3 Such sys- temic sources of communal violence threaten basic principles of democratic government and non-discrimination.4 Present-day communal violence originates in identity politics.5 Identity politics stress the group nature of rights, experience and iden- tity, whether based on …
Internationalization Of Revised Ucc Article 5--Letters Of Credit, James G. Barnes
Internationalization Of Revised Ucc Article 5--Letters Of Credit, James G. Barnes
Northwestern Journal of International Law & Business
The 1995 revision of Article 5 of the Uniform Commercial Code (UCC) was heavily influenced by international practice as reflected in the Uniform Customs and Practice for Documentary Credits (UCP). The Reporter for Revised UCC Article 5, Professor James J. White," acknowledges the heavy influence of international practice, views it as a mixed blessing, and attributes it to the focused efforts of the letter of credit bankers' trade association, the United States Council on Inter- national Banking, Inc. (USCIB). This article further explains and welcomes the internationalization of Revised UCC Article 5.
The Revision Of Ucc Article 2, Sales In Light Of The United Nations Convention On Contracts For The International Sale Of Goods, Richard E. Speidel
The Revision Of Ucc Article 2, Sales In Light Of The United Nations Convention On Contracts For The International Sale Of Goods, Richard E. Speidel
Northwestern Journal of International Law & Business
This article discusses UCC, Article 2, in light of CISG, and discusses how they create bands of uniformity in their respective spheres. It also discusses where they overlap.
Influence Of International Practice On The Revision Of Article 5 Of The Ucc, James J. White
Influence Of International Practice On The Revision Of Article 5 Of The Ucc, James J. White
Northwestern Journal of International Law & Business
I focus today on the influence of the Uniform Customs and Practice1 (UCP) on the revision of Article 5 of the Uniform Commercial Code (UCC).
Trading Secrets--The International Antitrust Enforcement Assistance Act, Laraine L. Laudati, Todd J. Friedbacher
Trading Secrets--The International Antitrust Enforcement Assistance Act, Laraine L. Laudati, Todd J. Friedbacher
Northwestern Journal of International Law & Business
This article will explore the terms of the IAEAA, questioning in particular whether the Act provides a viable mechanism for information exchange, as well as whether it embodies a true commitment to argued to the European Court of Justice that the Agreement should have been concluded by the European Council rather than the European Commission. French Republic v. Commission of the European Communities, Case C-327/91 (1994).
Licensing On The Global Information Infrastructure: Disharmony In Cyberspace, Raymond T. Nimmer
Licensing On The Global Information Infrastructure: Disharmony In Cyberspace, Raymond T. Nimmer
Northwestern Journal of International Law & Business
This article explores some of the issues in international licensing and, particularly, in the evolution of information-based contracts.
Anti-Deferral Deferred: A Proposal For The Reform Of International Tax Law, John Mcdonald
Anti-Deferral Deferred: A Proposal For The Reform Of International Tax Law, John Mcdonald
Northwestern Journal of International Law & Business
Nowhere is the complexity of the Code more apparent than in the income tax provisions relating to U.S. ownership of foreign corporations.' In fact, the operation of the tax law in this area has become so incredibly complex that many calculations required by the Code can no longer be performed effectively without the use of sophisticated computer software.4 The cost of complying with these Code provisions has started to affect the competitiveness of the corporations to which they apply.5 In fact, there is a definite possibility that our tax laws in this area have become so complex that tax professionals …
Through A Glass Darkly: The Case Against Pilkington Plc. Under The New U.S. Department Of Justice International Enforcement Policy, Jeffrey N. Neuman
Through A Glass Darkly: The Case Against Pilkington Plc. Under The New U.S. Department Of Justice International Enforcement Policy, Jeffrey N. Neuman
Northwestern Journal of International Law & Business
An inquiry into subject matter jurisdiction under the 1995 Guidelines and in U.S. v. Pilkington, plc. requires a brief examination of the history of extraterritorial enforcement policy since the mid-1970s. This is set forth in section II. Next, in section III, the comment analyzes the ebb and flow of judicial approaches to U.S. antitrust subject matter jurisdiction, focusing on the pre- and post-FTAIA eras. Section IV looks specifically at the 1995 Guideline and the Justice Department's grounds for asserting U.S. subject matter jurisdiction against Pilkington. In doing so, the comment suggests that in an interdependent global economy, an aggressive jurisdictional …
Sweet Sounds Of The Bazaar: Pakistan's Efforts To Lure Foreign Investors, Mikaal Shoaib
Sweet Sounds Of The Bazaar: Pakistan's Efforts To Lure Foreign Investors, Mikaal Shoaib
Northwestern Journal of International Law & Business
The article is about investment agreements and how they are indications that the PakistaniGovernment's ongoing efforts to privatize and liberalize the economy have succeeded in luring foreign investors.
Iosco: Its Mission And Achievement, A.A. Jr. Sommer
Iosco: Its Mission And Achievement, A.A. Jr. Sommer
Northwestern Journal of International Law & Business
The origins of the International Organization of Securities Com- missions (IOSCO) lie in the Americas. In 1974, nations of the West- em Hemisphere, largely under the leadership of the United States, organized the InterAmerican Association of Securities Commissions to provide a forum for consideration of securities regulation matters of common interest and to assist capital formation in the Western Hemisphere. Nine years later the organization transformed itself into a world-wide organization and was incorporated by an act of the Que- bec Parliament as a non-profit corporation under Quebec law. A sec- retariat was established in Montreal, a recognition of the …
Poachers, Tigers, And Bears...Oh My--Asia's Illegal Wildlife Trade, Joonmoo Lee
Poachers, Tigers, And Bears...Oh My--Asia's Illegal Wildlife Trade, Joonmoo Lee
Northwestern Journal of International Law & Business
This Comment will: (1) discuss the current plight of the Asiatic tigers and the North American black bears, describing the extent of their endangerment and the pur- poses for which they are being poached and traded in various Asian countries; (2) describe and analyze currently proposed means of end- ing the poaching and trading of these animals; and (3) propose a pro- tection program that combines viable aspects of current proposals and reflects the particularities of the problem concerning the tigers and of the problem concerning the bears.
Constructing Democracy In The North American Free Trade Area, Alexandra Maravel
Constructing Democracy In The North American Free Trade Area, Alexandra Maravel
Northwestern Journal of International Law & Business
This paper focuses on the implementing mechanisms, examining their character and implications for regional government as the possibility of a hemisphere-wide free trade area looms across the Americas. The essential problem is how to define the political framework that Canada, Mexico, and the United States are creating. It is not clear that it is an inherently demo- cratic regime. The regime, created to oversee the complex system of trading rules, is arguably (and paradoxically) necessary to ensure "free" trade, but it may undermine the very emergent regional democ- racy it seeks to empower.
Trade And Environment: How Should Wto Panels Review Environmental Regulations Under Gatt Articles Iii And Xx, Kazumochi Kometani
Trade And Environment: How Should Wto Panels Review Environmental Regulations Under Gatt Articles Iii And Xx, Kazumochi Kometani
Northwestern Journal of International Law & Business
The article discusses a GATT/WTO panel report that the author disagrees with and it lays out the proposals that he would implement to modify the report.
Cross-Border Lending: What's Different This Time, Lee C. Buchheit
Cross-Border Lending: What's Different This Time, Lee C. Buchheit
Northwestern Journal of International Law & Business
This article is based upon the author's lecture entitled "The Next Wave of Cross-Border Lending" delivered in connection with the Meredith Lectures at McGill University in April 1994.* The subject of that lecture, and of this article, is how cross-border lending to less developed countries (LDCs) in the 1990s differs from the last major period of such lending in the late 1970s. It is surely a testament to the accelerated obsolescence of modem financial commentary that the author's April 1994 lecture - delivered in the middle of a boom in cross-border lending - has already been followed by a bust …
Preface: Latin American Debt In The 1990s: A New Scenario For Creditors And Debtors, Lee C. Buchheit, Ralph Reisner
Preface: Latin American Debt In The 1990s: A New Scenario For Creditors And Debtors, Lee C. Buchheit, Ralph Reisner
Northwestern Journal of International Law & Business
This short preface introduces the purpose of the symposium and introduces each of the articles tat will follow.
Brief Incursion Into Bankruptcy And The Enforcement Of Creditor's Rights In Brazil, Antonio Mendes
Brief Incursion Into Bankruptcy And The Enforcement Of Creditor's Rights In Brazil, Antonio Mendes
Northwestern Journal of International Law & Business
This article is an overview of bankruptcy law and concerns in Brazil, as well as a exploration of what rights creditors have in bankruptcy.
Mexico's Banks After The December 1994 Devaluation--A Chronology Of The Government's Response, Roy A. Karaoglan, Mike Lubrano
Mexico's Banks After The December 1994 Devaluation--A Chronology Of The Government's Response, Roy A. Karaoglan, Mike Lubrano
Northwestern Journal of International Law & Business
The immediate effects of the December 1994 peso devaluation and the period of high interest rates and economic recession that followed had important repercussions for the Mexican banking and financial system. Since the onset of the crisis, the Mexican government has undertaken a number of important actions designed to assure adequate capitalization of financial institutions and continued public confidence in the banking system. The goal throughout has been to avoid a banking crisis that would exacerbate the contraction in the real economy and to set the stage for a recovery of the financial system based on sound institutions and efficient …
Books Received
Northwestern Journal of International Law & Business
No abstract provided.
Book Review: Environment And Resource Policies For The World Economy. By Richard N. Cooper. Washington, The Brookings Institute, 1994., 15 Nw. J. Int'l L. & Bus. 698 (1994-1995), Steve Charnovitz
Northwestern Journal of International Law & Business
In 1992, the Brookings Institution commenced a major project on "Integrating National Economies" to examine the problems which can ensue from economic globalization in a world of sovereign nation-states. The fruit of this project is a 22-volume series. The book reviewed here is the environmental volume in that series. It is written by Richard N. Cooper, then a professor of international economics at Harvard, and now on leave as the chairman of the U.S. National Intelligence Council. He is a leading scholar of international cooperation.
A Convention On Biological Diversity--An Efficient Framework For The Preservation Of Life On Earth?, Daniel T. Jenks
A Convention On Biological Diversity--An Efficient Framework For The Preservation Of Life On Earth?, Daniel T. Jenks
Northwestern Journal of International Law & Business
On June 5, 1992, the Convention on Biological Diversity was introduced for signature at the so-called "Earth Summit" in Rio de Janeiro. The Convention was one of four international agreements proposed at the Earth Summit. The Convention's explicit objectives are to conserve the Earth's biological diversity (or "biodiversity") for future generations, to exploit this biodiversity in a sustainable way and to share the benefits of biodiversity in a fair and equitable manner. Biological diversity is defined as "the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which …
Latin American Debt Obligations In The 1990s: Risk Strategies: Remedies And Judicial Enforcement, Lee C. Buchheit, Emilio Cardenas, Antonio Mendes, Thomas Heather
Latin American Debt Obligations In The 1990s: Risk Strategies: Remedies And Judicial Enforcement, Lee C. Buchheit, Emilio Cardenas, Antonio Mendes, Thomas Heather
Northwestern Journal of International Law & Business
This is a discussion of debt obligations in Latin America and how the symposium panelists would have advised there clients.