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Articles 421 - 450 of 624
Full-Text Articles in International Law
Restructuring Strategies For Mexican Eurobond Debt, Duncan N. Darrow, Peter V. Darrow, Douglas A. Doetsch, Miguel Jauregui-Rojas
Restructuring Strategies For Mexican Eurobond Debt, Duncan N. Darrow, Peter V. Darrow, Douglas A. Doetsch, Miguel Jauregui-Rojas
Northwestern Journal of International Law & Business
Unless the international capital markets become widely receptive to refinancing Mexican Eurobonds, by early to mid 1996, the holders of these Eurobonds - Mexico's new "bondholder constituency" - may find themselves at the center of a restructuring process encompassing a significant portion of the $13 billion of Eurobond debt outstanding. This article discusses strategies for restructuring.
Towards A Sovereign Debt Work-Out System;, Rory Macmillan
Towards A Sovereign Debt Work-Out System;, Rory Macmillan
Northwestern Journal of International Law & Business
In a future sovereign debt crisis, debt restructurings are inevitable simply because there is no alternative. Private lending becomes simply unavailable. The commercial banks were asked to lend to Mexico in early 1995 as part of the U.S. Government rescue plan, but the money never materialized.3 The banks' experience of involuntary lending during the 1980s debt crisis was so unpleasant that they are unlikely to increase exposure to a troubled debtor in a crisis today. Other sources of finance are no more likely to yield support. Mexico was unable to return to the capital markets until six months after the …
Peace Vs. Accountability In Bosnia, Anthony D'Amato
Peace Vs. Accountability In Bosnia, Anthony D'Amato
Faculty Working Papers
Hovering over the peace negotiations in progress in former Yugoslavia is the international community's determination to bring to trial as war criminals those political and military leaders responsible for atrocities in Bosnia. The question clearly presented is that, however desirable the idea of war crimes accountability might appear in the abstract, pursuing the goal of a war crimes tribunal may simply result in prolonging a war of civilian atrocities. Is it not conceivable that, in return for securing a peace treaty, the UN officials may have extended some assurance to the leaders in former Yugoslavia that, one way or another, …
The Fatal Flaw In Nafta, Gatt And All Other Trade Agreements, Robert W. Mcgee
The Fatal Flaw In Nafta, Gatt And All Other Trade Agreements, Robert W. Mcgee
Northwestern Journal of International Law & Business
Although the North American Free Trade Agreement, (NAFTA), contains more detailed environmental provisions than any previous trade agreement,' only some of them are mandatory. These mandatory NAFTA environmental rules purport to prevent the use of environmental policy instruments as disguised barriers to trade. Since most human activities have some impact on the environment, a vast array of government regulation could potentially be characterized as relating to the environment. This fact increases the risk that domestic industries will exploit political discretion over environmental policy implementation to put foreign competitors at a disadvantage by raising non-tariff barriers to trade. It is important …
Rx: Just What The Doctor Ordered: International Standards For Medical Devices, Mindy H. Chapman
Rx: Just What The Doctor Ordered: International Standards For Medical Devices, Mindy H. Chapman
Northwestern Journal of International Law & Business
This Comment demonstrates why the FDA should amend its medical device regulations to emulate those of the European Community. There are two major benefits of a single set of international standards. First, a single set of international standards assures safe medical devices both in the United States and on the international market. Second, the United States will have a greater opportunity to export medical devices to the newly prosperous European Community resulting in greater financial returns and job opportunities for Americans.
Nafta And The Environment: A Trade-Friendly Approach, Bradly J. Condon
Nafta And The Environment: A Trade-Friendly Approach, Bradly J. Condon
Northwestern Journal of International Law & Business
Although the North American Free Trade Agreement, (NAFTA), contains more detailed environmental provisions than any previous trade agreement,' only some of them are mandatory. These mandatory NAFTA environmental rules purport to prevent the use of environmental policy instruments as disguised barriers to trade. Since most human activities have some impact on the environment, a vast array of government regulation could potentially be characterized as relating to the environment. This fact increases the risk that domestic industries will exploit political discretion over environmental policy implementation to put foreign competitors at a disadvantage by raising non-tariff barriers to trade. It is important …
Economic Integration In The Americas: A Work In Progress, Kenneth W. Abbott, Gregory W. Bowman
Economic Integration In The Americas: A Work In Progress, Kenneth W. Abbott, Gregory W. Bowman
Northwestern Journal of International Law & Business
In the next section of the article, we provide an overview of the major subregional groupings and other institutional relationships now being created throughout Latin America. In Section III, we suggest two major goals that should guide the process of economic integration in the Americas: maintaining the multilateral economic system as the highest priority for the region and achieving regional integration at the hemispheric level. We then outline the principal approaches to economic integration currently being followed, or proposed, within the region-including bilateral agreements, subregional groupings, the expansion of NAFrA, and arrangements of continental scaleand assess these approaches as methods …
Book Review: Sovereignty, Statehood And Self-Determination: A Review Of Claims To Statehood In International Law, M R. Franks
Book Review: Sovereignty, Statehood And Self-Determination: A Review Of Claims To Statehood In International Law, M R. Franks
Northwestern Journal of International Law & Business
To tour the world while examining the various claims to sovereignty over virtually every inch, one may read Nil Lante Wallace-Bruce's book, Claims to Statehood in International Law. His book is a fascinating excursion through the "four worlds." Although the origin of the terminology is obscure,' the term "First World" clearly refers to capitalist countries historically belonging to NATO and the Organization for Economic Cooperation and Development (OECD). The term "Second World" refers to the former Soviet Bloc. The term "Third World" refers to everything else, and has come to mean economically developing countries.2 More recently, the term "Fourth World" …
On The Elimination Of The Nato Entitlement, Vaughn A. Carney
On The Elimination Of The Nato Entitlement, Vaughn A. Carney
Northwestern Journal of International Law & Business
For the last twenty years the U.S. has been living on borrowed time and money; we have gotten something for nothing. Now we must confront the painful opposite: nothing for something. A radical shift in our financial commitment to NATO will go a long way toward easing this pain and shoring up the competitive position of the U.S. going forward into the twenty-first century.
China's Evolving Company Legislation: A Status Report, Preston M. Torbert
China's Evolving Company Legislation: A Status Report, Preston M. Torbert
Northwestern Journal of International Law & Business
As China's economic reforms have progressed, however, the need for a company law has become apparent. The two principal reasons are, first, the need to reform existing state-owned enterprises and, second, the need to create a means for foreign investment in reformed state-owned enterprises. For political reasons, there appears to be no perceived need for the company law to encourage larger privately-owned enterprises.
National And International Sources Of Women's Right To Equal Employment Opportunities: Equality In Law Versus Equality In Fact, Jill Andrews
National And International Sources Of Women's Right To Equal Employment Opportunities: Equality In Law Versus Equality In Fact, Jill Andrews
Northwestern Journal of International Law & Business
Women's right to equal employment opportunity has been recognized virtually worldwide. In fact, one-third of the total world labor force consists of women.' As the higher echelons in employment are reached, however, the number of positions occupied by women tapers off dramatically.2 Thus, while the right to equal employment opportunity is acknowledged, enforcement remains a formidable challenge. Although facially similar laws prohibiting discrimination in the recruitment, promotion and working conditions of women have been enacted by United Nations member countries, the United States, the European Community and Japan, the difference between equality in law and equality in fact lies with …
Pudong: Another Special Economic Zone In China?-An Analysis Of The Special Regulations And Policy For Shanghai's Pudong New Area, Bin Xue Sang
Northwestern Journal of International Law & Business
The Open Door Policy instituted in the late 1970s marked the beginning of economic reform in the People's Republic of China ("China"). Leading these reforms was the establishment of five special economic zones i and the opening of fourteen coastal cities.2 These special economic zones ("SEZs") and coastal cities, located along the east coast of China, serve as "windows" to attract foreign investment and technology.' So far, each of the five SEZs and the fourteen coastal cities has been successful in achieving these goals.
Chinese Traditions Inimical To The Patent Law, The Symposium: Doing Business In China, Liwei Wang
Chinese Traditions Inimical To The Patent Law, The Symposium: Doing Business In China, Liwei Wang
Northwestern Journal of International Law & Business
These phenomena remind us of a common view that China's modernization of science and technology is "burdened by a number of constraints, primarily constraints in traditional culture and in the Marxist-Leninist one-party state." 5 More specifically, in discussing the patent law of the People's Republic of China (PRO), Beaumont claimed that the "two-fold problem in stimulating innovation" is "a residual mistrust of innovation as a result of years of foreign imperialistic colonization," and of "finding ways to encourage and reward innovation which are congruent with Marxist thought."6 This article asserts that China's traditional culture is probably as inimical to patent …
Enforcement Of Judgments In Mexico: The 1988 Rules Of The Federal Code Of Civil Procedure, Jorge A. Vargas
Enforcement Of Judgments In Mexico: The 1988 Rules Of The Federal Code Of Civil Procedure, Jorge A. Vargas
Northwestern Journal of International Law & Business
This article describes and analyzes the reforms to the Federal Code of Civil Procedure in the following four areas: (1) application and proof of foreign law; (2) processing of letters rogatory; (3) international cooperation for the taking of evidence, and (4)enforcement of foreign judgments. The first part offers an overview and commentary on the very few provisions Mexico had enacted in the area of international procedural cooperation prior to the 1988 reform. Part two explores the legislative history of the 1988 amendments, emphasizing the objective and purpose of the legislative bills submitted to Congress by the President of Mexico. The …
Medical Waste Regulation In The United States: A Dire Need For Recognition And Reform, Christina Louise Martini
Medical Waste Regulation In The United States: A Dire Need For Recognition And Reform, Christina Louise Martini
Northwestern Journal of International Law & Business
This Comment will discuss the current methods by which medical waste is regulated in the United States and how the scientific data regarding medical waste demonstrates a misplaced emphasis on its regulation. Part II of this Comment discusses what constitutes medical waste and current methods for its disposal. Part III discusses the reasons why the medical waste problem began and the real versus perceived risks of medical waste and its disposal. In addition, the current federal and state medical waste regulation in the United States is discussed, and its effects on the states and the health-care industry are examined in …
Substantive Appraisal Of Horizontal Mergers Under Eec Regulation 4064/89: An Inquiry Into The Commission's First Year Decisions, Frank M. Hellemans
Substantive Appraisal Of Horizontal Mergers Under Eec Regulation 4064/89: An Inquiry Into The Commission's First Year Decisions, Frank M. Hellemans
Northwestern Journal of International Law & Business
Rather, our purpose is to examine what criteria the Regulation prescribes for the substantive appraisal of mergers. We will not only scrutinize Article 2 of the Regulation and the different policies behind it, but we will also inquire into the Commission's decisions in order to find out how the Commission has applied the Regulation's substantive criteria to 'real live' mergers and acquisitions. Broadly speaking, this involves questions of product and geographic market definition, of calculating market shares and interpreting them and, finally, of basic goals of mergers control policy.
The Utility Of Bilateral Investment Treaties In The Formulation Of Customary International Law, Bernard Kishoiyian
The Utility Of Bilateral Investment Treaties In The Formulation Of Customary International Law, Bernard Kishoiyian
Northwestern Journal of International Law & Business
In this paper, I propose to investigate the utility of BITs in the formulation of customary international law in the area of state responsibility for the protection of alien property. It is my thesis that the frenetic conclusion of BITs is occasioned by the uncertainty that pervades international investment law since the advent of the developing countries on the international scene, and secondly, that international law has not kept pace with the developments that have taken place in the last thirty years in foreign direct investment. To the extend that this is so, I contend that each BIT is nothing …
Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt
Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt
Northwestern Journal of International Law & Business
Should companies invest at all in countries, like China, where severe human rights abuses are pervasive? If they do invest, should they restrict their operations to areas of the country that have a comparatively good human rights record? Are there basic principles that transnational companies should observe to ensure, at a minimum, that they do not become complicit in a host government's abrogation of universally-recognized human rights? Should such principles be enforced by Executive or congressional fiat, or should companies take primary responsibility for policing themselves? How can companies that wish to factor human rights considerations into their business decisions …
Resolving Commercial Disputes In China: Foreign Firms And The Role Of Contract Law, Roy F. Grow
Resolving Commercial Disputes In China: Foreign Firms And The Role Of Contract Law, Roy F. Grow
Northwestern Journal of International Law & Business
It is not my intention to explicate China's Foreign Economic Contract Law (FECL), the Joint Venture Law (JVL), or the Foreign Enterprise Income Tax Law (FEITL). The analysis of these codes has been done in great detail by others.' Instead, I will examine the actual behavior of the most important actors governed by this set of laws-the Chinese and foreign enterprises that work with one another and which must find ways to resolve their competing claims. In this study, I will examine the tension between Chinese and foreign firms by focusing on several specific and limited questions having to do …
Nafta's Rule Of Origin And Its Effect On The North American Automotive Industry, Jonathan M. Cooper
Nafta's Rule Of Origin And Its Effect On The North American Automotive Industry, Jonathan M. Cooper
Northwestern Journal of International Law & Business
This comment will specifically address how NAFTA's rule of origin requirement will affect the North American automotive industry. To provide a thorough understanding of this topic, this comment will (1) discuss how NAFTA evolved and detail the remaining procedural steps necessary for its enactment; (2) briefly discuss the current North American automotive industry; (3) compare and contrast rule of origin requirements under previous FTAs; and (4) analyze NAFTA's proposed rule of origin requirement and its potential effects on the North American automotive industry.
The North American Free Trade Agreement: In Whose Best Interest?
The North American Free Trade Agreement: In Whose Best Interest?
Northwestern Journal of International Law & Business
On October 17, 1991, the Journal of International Law & Business hosted a round table discussion on the implications and impact of the proposed North American Free Trade Agreement. This discussion focused on the implications of free trade between the United States and Mexico. Five panelists from a variety of Chicago institutions and organizations discussed their personal and institutional perspectives regarding the proposed Agreement.
The Impact Of Eec Competition Law On The Music Industry, Frank L. Fine
The Impact Of Eec Competition Law On The Music Industry, Frank L. Fine
Northwestern Journal of International Law & Business
The purpose of this article is to examine the relevance of EEC competition law (or antitrust law as it is known in the United States) to the music industry. EEC antitrust cases concerning other media, such as satellite broadcasting, are discussed to the extent that they are relevant. It will be shown that EEC antitrust law has a pervasive effect on the music industry and will play an important role as the industry exploits the EEC market.
How Does Europe Regulate Powers Within Its Corporations? What Might The Answer Mean For The U.S.? An Essay And Review Of European Company Laws: A Comparative Approach, Donald C. Jr. Dowling
How Does Europe Regulate Powers Within Its Corporations? What Might The Answer Mean For The U.S.? An Essay And Review Of European Company Laws: A Comparative Approach, Donald C. Jr. Dowling
Northwestern Journal of International Law & Business
European Company Laws: A Comparative Approach is a compilation of ten essays by various authors on the jurisprudence of corporate control within Europe. The book focuses on the company laws within the various member states, somewhat to the exclusion of the emerging EC-level corporate laws. Yet while European Company Laws concerns itself with member states' internal company laws, the book's goal is much loftier than merely compiling the European states' corporate statutes into some sort of practitioners' guide. Rather, European Company Laws attempts to divine jurisprudential truths about the regulation of power within the European company by examining the European …
Working On Dignity: Ec Initiatives On Sexual Harrassment In The Workplace, Victoria A. Carter
Working On Dignity: Ec Initiatives On Sexual Harrassment In The Workplace, Victoria A. Carter
Northwestern Journal of International Law & Business
This article argues that the [European] Commission should propose legally binding legislation to guarantee all workers, both women and men, protection against sexual harassment in Community workplaces. Section I describes the nature of sexual harassment, the problems it poses in the EC, and the effects of sexual harassment on people and businesses. Section II reviews existing Member State legislation and labor union policies and identifies the inadequacy of these measures to protect EC workers from sexual harassment. Section III describes existing EC legislation on sexual harassment and the equal treatment of women and men in the workplace and identifies the …
Compulsion Over Comity: The United States' Assault On Foreign Bank Secrecy, C. Todd Jones
Compulsion Over Comity: The United States' Assault On Foreign Bank Secrecy, C. Todd Jones
Northwestern Journal of International Law & Business
Because of their physical proximities and tory secrecy laws, many nations have become bank secrecy havens, providing financial services and anonymity to people and business enterprises, both legitimate and illegitimate. In response, U.S. courts have systematically circumvented almost any challenge to the authority of our prosecutors and judicial procedures presented by nations that respect and uphold financial privacy. Unfortunately, efforts by other branches of the United States government to ease the friction created by the courts have proved to be only moderately effective and remain essentially unrecognized by the judiciary.
Potential Liability Of New Employers To Pre-Existing Collective Bargaining Agreements And Pre-Existing Unions: A Comparison Of Labor Law Successorship Doctrines In The United States And Canada, Phillip M. Schreiber
Potential Liability Of New Employers To Pre-Existing Collective Bargaining Agreements And Pre-Existing Unions: A Comparison Of Labor Law Successorship Doctrines In The United States And Canada, Phillip M. Schreiber
Northwestern Journal of International Law & Business
Successorship questions arise in many areas of corporate law when one business entity takes over another business entity. In labor law, successorship issues can arise whenever one business entity takes over another business entity which has employees that are collectively organized. Similar successorship issues in labor law exist in both the United States and Canada. However, both the determination of successor status and the consequences of this determination differ in the United States and Canada. In addition, differences exist within the various Canadian provinces and federal territories. This comment will explore and analyze these differences.
Recent Developments In Inter-American Commercial Arbitration, Charles Robert Norberg
Recent Developments In Inter-American Commercial Arbitration, Charles Robert Norberg
Northwestern Journal of International Law & Business
Arbitration has become an effective procedure for resolving international commercial disputes in the Western Hemisphere. A framework of treaties exists, establishing substantive law and procedure for that purpose. The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) has been ratified by sixteen Western Hemisphere countries. The Inter-American Convention on International Commercial Arbitration (1975) has been ratified by thirteen countries. Furthermore, the World Bank's Convention establishing the International Centre for the Settlement of Investment Disputes has been ratified by four Latin American countries and six anglophobe Western Hemisphere countries and it has been signed but not …
Non-Lawyers In International Commercial Arbitration: Gathering Splinters On The Bench, James E. Meason, Alison G. Smith
Non-Lawyers In International Commercial Arbitration: Gathering Splinters On The Bench, James E. Meason, Alison G. Smith
Northwestern Journal of International Law & Business
In light of the frequent appearance of arbitration clauses in international contracts, and the volume of litigation handled in this manner, international commercial arbitration' has become a favorite subject of commentators who have primarily focused on the relative benefits of arbitration versus litigation and cross-institutional rules comparisons. One area that has received scant attention is the factors concerning the actual selection of particular individuals to serve as arbitrators. This article looks at how arbitrators are chosen today within the institutional context. Following this are general discussions of selected professions for indications of their members' inherent suitability for and adaptability to …
The International Arbitrator: From The Perspective Of The Icc International Court Of Arbitration, Stephen R. Bond
The International Arbitrator: From The Perspective Of The Icc International Court Of Arbitration, Stephen R. Bond
Northwestern Journal of International Law & Business
In short, an arbitrator must have what Professor Pierre Lalive has called the "ability to judge," which implies a capacity to evaluate conflicting statements of law and/or fact and to have the wisdom, courage and expertise to reach and render a decision in such a way that the parties - and perhaps most of all the losing party - will recognize both the essential fairness of the procedure and the futility of efforts to overturn the award or oppose its execution. Only when this occurs, as happens in about ninety percent of ICC cases, can arbitration truly achieve the relative …
The Selection Of Choice Of Law Provisions In International Commercial Arbitration: A Case For Contractual Depeҫage, Craig M. Gertz
The Selection Of Choice Of Law Provisions In International Commercial Arbitration: A Case For Contractual Depeҫage, Craig M. Gertz
Northwestern Journal of International Law & Business
One additional advantage of arbitration, the parties' ability to predetermine the law governing the resolution of the dispute, has gained growing recognition in recent years. This recognition, however, has been myopic to some extent. Some commentators see choice of law options confined either to the selection of one national legal system from several possibilities or to the selection of a single national, international, or anational legal system. Such a self-imposed limitation of the applicable law to one system of law often denies parties many of the benefits and powers allowed them in international commercial arbitration. As an alternative, an agreement …