Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Human Rights Law (110)
- International Trade Law (101)
- Antitrust and Trade Regulation (51)
- Conflict of Laws (45)
- Banking and Finance Law (39)
-
- Comparative and Foreign Law (39)
- Commercial Law (35)
- Securities Law (27)
- Business Organizations Law (26)
- Courts (24)
- Jurisdiction (24)
- Intellectual Property Law (23)
- Law and Politics (23)
- Constitutional Law (22)
- Law and Economics (22)
- Tax Law (22)
- Dispute Resolution and Arbitration (19)
- Criminal Law (17)
- Taxation-Transnational (17)
- Environmental Law (16)
- Law and Society (16)
- Social and Behavioral Sciences (16)
- Energy and Utilities Law (14)
- Legislation (12)
- International Humanitarian Law (11)
- Jurisprudence (11)
- Business (10)
- Contracts (10)
- Keyword
-
- International law (95)
- International Law (64)
- Conflicts of law (private international law) (43)
- China (24)
- European Union (24)
-
- International trade (24)
- Human rights (23)
- Antitrust (20)
- Courts (17)
- Competition Law (16)
- Jurisdiction (15)
- World Trade Organization (14)
- European Commission (12)
- International relations and national security (11)
- Foreign Corrupt Practices Act (10)
- GATT (10)
- WTO (10)
- NAFTA (9)
- Trade (9)
- Constitutional law (8)
- General Agreement on Tariffs and Trade (8)
- International Trade (8)
- United Nations (8)
- Constitutional Law (7)
- Canada (6)
- Europe (6)
- Extraterritorial (6)
- Japan (6)
- Tax (6)
- Trade barrier (6)
- Publication Year
- Publication
- Publication Type
- File Type
Articles 451 - 480 of 624
Full-Text Articles in International Law
Field-Of-Use Restrictions As Precompetitive Elements In Patent And Know-How Licensing Agreements In The United States And The European Communities, Thomas C. Meyers
Field-Of-Use Restrictions As Precompetitive Elements In Patent And Know-How Licensing Agreements In The United States And The European Communities, Thomas C. Meyers
Northwestern Journal of International Law & Business
The courts of both the United States and the European Communities have upheld the legality of various licensing restrictions. One such restriction, the "field-of-use" restriction, is the subject of this article. A field-of-use restriction prohibits a licensee from realizing the benefits of the license in certain technical fields. Field-of-use restrictions are usually written as restricting use to a particular field rather than listing prohibited fields… This article first sets forth an economic justification for the legality of field-of-use restrictions, concluding that such restrictions are usually pro-competitive. The article then analyzes the relevant law in both the United States and the …
The Role Of Antitrust Policy In The Development Of Australian-New Zealand Free Trade, Rex J. Ahdar
The Role Of Antitrust Policy In The Development Of Australian-New Zealand Free Trade, Rex J. Ahdar
Northwestern Journal of International Law & Business
This article examines some antitrust aspects of the Australia-New Zealand free trade accord. The first section will trace the development of trans-Tasman2 free trade, noting the long history of efforts to liberalize trade between the two countries. The next part analyzes the role antitrust law played in the movement to free trade. The final two sections raise a number of outstanding issues and problems yet to be resolved by Australia and New Zealand policy makers.
Chapter 13 Of The United States-Canada Free Trade Agreement: Has It Created An Open And Effective Government Procurement Dispute Resolution System?, Charles W. Levesque
Chapter 13 Of The United States-Canada Free Trade Agreement: Has It Created An Open And Effective Government Procurement Dispute Resolution System?, Charles W. Levesque
Northwestern Journal of International Law & Business
Chapter 13 creates new and additional opportunities for businesses on both sides of the Canadian-United States border to bid on federal government contracts on opposite sides of the border. In order to implement the Free Trade Agreement and the provisions of Chapter 13, the Canadian federal government created a new administrative agency, the Procurement Review Board of Canada (the Board), to adjudicate government procurement disputes. The Board is the focus of this article. Because the Board is charged with adjudicating contract disputes arising under Chapter 13 of the FTA, its decisions provide an insight into whether Chapter 13 is creating …
Perspectives On Privatization And Plant-Level Industrial Relations: Great Britain In The 1980s, Germany In The 1990s, Andrew J. Ritten
Perspectives On Privatization And Plant-Level Industrial Relations: Great Britain In The 1980s, Germany In The 1990s, Andrew J. Ritten
Northwestern Journal of International Law & Business
This Comment will analyze the changing situation in Germany and offer analogies based on a historical precedent. Though the degree of change was much less revolutionary, Great Britain in the 1980s experienced a period of industrial privatization similar to that which is presently occurring in Germany. The purpose of this Comment is to examine the effects of British privatization on plant-level labor representation and industrial relations and to show how this experience may provide insight into what is likely to happen in Germany during its period of privatization.
A Rapid Or Evolutionary Approach: The Eec's Adoption Of The Ecu As A Common Currency, Susan B. Shulman
A Rapid Or Evolutionary Approach: The Eec's Adoption Of The Ecu As A Common Currency, Susan B. Shulman
Northwestern Journal of International Law & Business
Perhaps the EEC should move to a common currency, but there is no reason to rush towards such a dramatic change. According to optimal currency area theory, the current system of limited flexibility within the EEC is ideal. Any move to a common currency should be flexible in that it initially allows member states the ability to use national monetary policy if necessary. The British proposal allows just this kind of flexibility.
Book Review: Cautious Revolution: The European Community Arrives, John T. Shaw
Book Review: Cautious Revolution: The European Community Arrives, John T. Shaw
Northwestern Journal of International Law & Business
Book Review: Cautious Revolution by Clifford Hackett is a valuable addition to this growing literature on the European Community. Hackett is a respected authority on European affairs who has worked in the U.S. Foreign Service and as a congressional aide… In Cautious Revolution, Hackett outlines the history of the EC as both an idea and institution, identifies the EC's successes and failures, and assesses the relationship between the United States and the EC.
The Place Of Arbitration In The Conflict Of Laws Of International Commercial Arbitration: An Exercise In Arbitration Planning, Filip De Ly
Northwestern Journal of International Law & Business
Growing complexities in the law and practice of international commercial arbitration and a certain loss of the spirit of arbitration require reflection by all interested parties (litigating parties, their counsels, arbitrators and arbitration centers) in order to maintain some of the traditional advantages of arbitration… The purpose of such reflection is to maintain the reputation of international commercial arbitration as a speedy and cost efficient dispute resolution mechanism for international business transactions. This may be achieved by an attempt to identify the options which interested parties may have and to indicate their respective advantages and disadvantages. This process may be …
1992: The Case Of Financial Services, Caroline Bradley
1992: The Case Of Financial Services, Caroline Bradley
Northwestern Journal of International Law & Business
By the end of 1992 the European Community (EC) intends to create a single internal market in goods, services, labor and capital. Of all the internal markets to be created by the end of 1992, the single internal market in financial services may be the most interesting. This paper considers three aspects of the single market in financial services: regulatory harmonization as a solution to the problems caused by the development of international financial markets; the rules which the EC has adopted and proposed to create the single market in financial services; and the extent to which the single market …
The Invasion Of Panama Was A Lawful Response To Tyranny, Anthony D'Amato
The Invasion Of Panama Was A Lawful Response To Tyranny, Anthony D'Amato
Faculty Working Papers
The Grenada and Panama interventions contributed to the momentum of popular sovereignty. Not only did the United States remove tyrannical leaders from those two countries, but more importantly it set an example that has undoubtedly shaken other ruling elites that enjoy tyrannical control in their own countries. For even if some of those entrenched elites regard themselves as secure against popular uprising in their own countries (usually by the application of torture and brutality against political dissidents), they cannot now feel totally insulated against foreign humanitarian intervention. Thus, Grenada and Panama may very well act as catalysts in the current …
Joint Ventures, Antitrust, And Transnational Cartelization, Walter Adams, James W. Brock
Joint Ventures, Antitrust, And Transnational Cartelization, Walter Adams, James W. Brock
Northwestern Journal of International Law & Business
Joint ventures have fired corporate imaginations and captured the fancy of government officials, who perceive them as key weapons in the struggle to achieve global competitiveness. Characterizing the trend as corporate America's version of the singles bar, Business Week reports that in the current rage for "strategic alliances," scarcely a day passes without the announcement of another cooperative inter-corporate agreement. The London Economist reports that "just as the vogue for aggressive takeovers in America and Britain has come to an end, many of the world's biggest companies are scrambling to sign up joint-venture partners or to conclude an alliance with …
Current Administration Of U.S. Antidumping And Countervailing Duty Laws: Implications For Prospective U.S.-Mexico Free Trade Talks, Stephen J. Powell, Craig R. Giesse, Craig L. Jackson
Current Administration Of U.S. Antidumping And Countervailing Duty Laws: Implications For Prospective U.S.-Mexico Free Trade Talks, Stephen J. Powell, Craig R. Giesse, Craig L. Jackson
Northwestern Journal of International Law & Business
U.S.-Mexico trade relations are changing at a rapid pace. In 1985, the United States and Mexico entered into a bilateral trade agreement that seeks to eliminate the subsidization of manufactured products. One year later, Mexico became a signatory to the General Agreement on Tariffs and Trade (the "GATT"), the multilateral accord that governs world trade in manufactured and agricultural products. In 1987, the two countries entered into a framework agreement that establishes a consultative mechanism designed to resolve bilateral trade disputes involving such issues as intellectual property protection, direct foreign investment, and trade in goods and services.
Copyright Protection For Data Obtained By Remote Sensing: How The Data Enhancement Industry Will Ensure Access For Developing Countries, J. Richard West
Copyright Protection For Data Obtained By Remote Sensing: How The Data Enhancement Industry Will Ensure Access For Developing Countries, J. Richard West
Northwestern Journal of International Law & Business
The use of remote sensing of the earth by satellite has grown tremendously since the United States launched the first such satellite, Landsat 1, in 1972. In 1984, the Land Remote Sensing Commercialization Act began the gradual transfer of the United States Landsat program to the private sector. The Earth Observation Satellite Company (EOSAT) is the private operator licensed pursuant to the Act, and is preparing to launch the first privately-operated remote sensing satellite, Landsat 6, in 1991. The Commercialization Act requires operators to make raw data available to all users on a nondiscriminatory basis, but it does not preclude …
The Treaty With Poland Concerning Business And Economic Relations: Does It Provide More Incentive To The American Investor?, Todd Ewing
Northwestern Journal of International Law & Business
Among the reformed East European countries now embracing democratic notions, Poland has been the most aggressive in the effort to reach full-fledged democracy. These efforts are reflected by Poland's recent amendments to its foreign investment law and, most recently, the signing of a treaty with the United States in hopes of attracting American investors. This article briefly examines the role and content of this treaty in the context of the overall United States treaty program and, more importantly, determines whether the Treaty has the potential to stimulate U.S. investment above and beyond the incentives now in place under the foreign …
Red Raspberries: Effective Dispute Settlement In The Canada-United States Free Trade Agreement, Thomas M. Boddez, Alan M. Rugman
Red Raspberries: Effective Dispute Settlement In The Canada-United States Free Trade Agreement, Thomas M. Boddez, Alan M. Rugman
Northwestern Journal of International Law & Business
By negotiating the Free Trade Agreement (FTA) with the United States, the Canadian government sought to ensure its exporters more secure and predictable access to the huge United States market, where a majority of Canadian foreign trade is conducted. Canadian exporters were especially concerned with the increased imposition of antidumping (AD) and countervailing duties (CVD) by the United States. Trade laws in the United States are effected through the International Trade Commission (ITC) and the International Trade Administration of the Department of Commerce (ITA). These bodies are central to the bifurcated, quasi-judicial administrative system used in the United States to …
Direct Foreign Investment In The Caribbean: A Legal And Policy Analysis, Lewis D. Solomon, David H. Mirsky
Direct Foreign Investment In The Caribbean: A Legal And Policy Analysis, Lewis D. Solomon, David H. Mirsky
Northwestern Journal of International Law & Business
The purpose of this Article is to delineate the central issues facing countries which seek to encourage direct foreign investment in their local economies, and to suggest which approaches to these issues appear most likely to facilitate the attraction of foreign capital, technology and expertise, while preserving local control over the potentially detrimental effects of such investment.
The Controls On The Transfrontier Movement Of Hazardous Waste From Developed To Developing Nations: The Goal Of A "Level Playing Field", Michelle M. Vilcheck
The Controls On The Transfrontier Movement Of Hazardous Waste From Developed To Developing Nations: The Goal Of A "Level Playing Field", Michelle M. Vilcheck
Northwestern Journal of International Law & Business
In the 1970s, the United States Congress began passing national environmental legislation. One reason for such legislation was to "level the playing field" among the fifty states so that economic advantage did not accrue to one state at the expense of environmental quality and public health.' The world now faces a similar need for environmental legislation on an international level. Environmental laws of individual nations have become more and more divergent as developed countries, such as the United States, enact tougher environmental laws, while less developed nations fail to enact any environmental regulations. The variant standards of these environmental laws …
Chan V. Korean Air Lines, Ltd.: Skirting The Legislative History Of The Warsaw Convention, Ian A. Schwartz
Chan V. Korean Air Lines, Ltd.: Skirting The Legislative History Of The Warsaw Convention, Ian A. Schwartz
Northwestern Journal of International Law & Business
On September 1, 1983, over the Sea of Japan, a Soviet Union military aircraft destroyed a Korean Air Lines Boeing 747 en route from Kennedy Airport in New York to Seoul, South Korea. All 269 persons on board the plane were killed. The Warsaw Convention ("Convention"), a multilateral treaty governing the international carriage of passengers, baggage, and cargo by air, provides a per passenger damage limitation for personal injury or death. The Convention further provides that passenger tickets must include notice of this limitation, and a private accord among airlines known as the Montreal Agreement ("Agreement") states that this notice …
Merger Control In The European Community: The Ec Regulation "On The Control Of Concentrations Between Undertakings" And Implementing Guidelines, Terence P. Stewart, Delphine A. Abellard
Merger Control In The European Community: The Ec Regulation "On The Control Of Concentrations Between Undertakings" And Implementing Guidelines, Terence P. Stewart, Delphine A. Abellard
Northwestern Journal of International Law & Business
The European Community (EC) is currently adopting comprehensive new legislation within the framework of its internal market program, which is expected to transform the way business is conducted in the EC. By December 1992, the Community should be well on its way to becoming an integrated economy, with about 320 million consumers. Not surprisingly, the number of mergers and acquisitions in the EC across national boundaries is increasing in response to the prospects of a larger consumer base and greater market opportunities. The new EC Regulation "On the Control of Concentrations Between Undertakings" is one element of the EC's ambitious …
Guidelines For Mergers And Acquisitions In France, David J. Berger
Guidelines For Mergers And Acquisitions In France, David J. Berger
Northwestern Journal of International Law & Business
Recent developments in France, including the opening of French markets and the privatization of many of the companies nationalized in the early 1980s, have made France one of the leading countries for investment by American companies seeking to enter Europe prior to the unified European market in 1992. France's liberalization of foreign investment rules, as well as its lifting of foreign exchange controls, have further helped make French companies among the most attractive for both American and European investors.
Worker Rights In The Post-1992 European Communities: What "Social Europe" Means To United States-Based Multinational Employers, Donald C. Jr. Dowling
Worker Rights In The Post-1992 European Communities: What "Social Europe" Means To United States-Based Multinational Employers, Donald C. Jr. Dowling
Northwestern Journal of International Law & Business
The United States media have extensively covered the trade angle of the European Communities [EC] program to create a "single market" by the end of 1992. The media coverage has spotlighted the benefits the EC market will offer multinational corporations, such as the market's "economies of scale" and its 320 million consumer block. By now this 1992 news has sunk in, and many United States corporations are assessing how they might exploit the soon-to-be unified EC market.
Strangers In A Strange Land: Foreign Compulsion And The Extraterritorial Application Of United States Employment Law, Michael A. Jr. Warner
Strangers In A Strange Land: Foreign Compulsion And The Extraterritorial Application Of United States Employment Law, Michael A. Jr. Warner
Northwestern Journal of International Law & Business
The increasingly interdependent nature of the world economy has made commonplace the overseas employment of United States citizens by United States multinational corporations. When an American company employs a United States citizen in a foreign country questions arise as to what extent the United States may regulate employment activity taking place outside of United States territorial boundaries. Historically, principles of territoriality and nationality have constrained the ability of a sovereign state to prescribe conduct occurring outside of its boundaries. Under traditional principles of jurisdiction, employee relations fell predominantly under the control of the local authorities where the person or persons …
Fsia Retroactivity Subsequent To The Issuance Of The Tate Letter: A Proposed Solution To The Confusion, Michael E. Jansen
Fsia Retroactivity Subsequent To The Issuance Of The Tate Letter: A Proposed Solution To The Confusion, Michael E. Jansen
Northwestern Journal of International Law & Business
Three recently decided cases discuss the retroactive application of the Foreign Sovereign Immunities Act of 1976 to pre-1952 claims—Carl Marks & Co. v. Union of Soviet Socialist Republics, Jackson v. People's Republic of China, and Slade v. United States of Mexico. These cases have conclusively established that the FSIA is not to be applied retroactively to pre-1952 events—i.e., to claims arising prior to the issuance of the Tate Letter. They do not resolve the issue of retroactive application of the FSIA to post-1952 events, however, and this issue is currently engulfed in confusion. This Comment attempts to resolve this confusion …
Court Of First Instance Of The European Communities, Gordon Slynn
Court Of First Instance Of The European Communities, Gordon Slynn
Northwestern Journal of International Law & Business
The Court of Justice of the European Communities ("Court of Justice") deals with questions arising under the Treaties establishing the European Economic, the European Coal and Steel, and the European Atomic Energy Communities (collectively the "Treaties"). In 1962, its law reports ran to 512 pages, already double the number in 1959. In 1985, they comprised 4,050 pages. In 1962, 62 cases were brought before the Court; in 1985, the number had risen to 433. Not surprisingly cases coming before the Court took longer to resolve -- the period from lodging the action to judgment had slipped from nine months to …
Banking Integration In The European Community, George Zavvos
Banking Integration In The European Community, George Zavvos
Northwestern Journal of International Law & Business
The aim of this Article is to outline and assess the Community's strategy for the banking sector by highlighting the philosophy and the context shaping its actions. In addition, this Article will attempt to show that the Commission's various proposals, particularly the Second Banking Coordination Directive ("Second Directive"), take account of the continuing tension of, on the one hand, achieving more efficient banking systems through increased competition and, on the other hand, the absolute need for prudential supervision, enhancing the financial stability of the banks and public confidence in the banking systems. Finally, this article looks at the Community's policy …
Joint Venture Law In The Soviet Union: The 1920s And The 1980s, Adam J. Albin
Joint Venture Law In The Soviet Union: The 1920s And The 1980s, Adam J. Albin
Northwestern Journal of International Law & Business
Soviet law has only permitted the establishment of joint ventures within the Union of Soviet Socialist Republics (USSR) during two separate periods. Similar political and economic considerations were major catalysts for the enactment of both joint venture laws, as well as for the similar themes running through them, though the periods are separated by approximately sixty-five years. Examination of both situations, instead of merely the present one, not only will provide a broader perspective of how the Soviets view joint ventures themselves, but will illustrate how Soviet legislation itself has evolved in considering free-market economic principles.
Indirect Taxation And 1992, Michel V.M. Van Beek
Indirect Taxation And 1992, Michel V.M. Van Beek
Northwestern Journal of International Law & Business
Since June 1985, when the Commission of the European Communities ("Commission") presented to the European Council its "White Paper" on completing the Internal Market by the elimination of physical, technical, and fiscal barriers inside the European Communities ("EC" or "Community"), the harmonization of indirect taxation has become a main topic in the European press. In this article an attempt will be made to clarify the impact of indirect taxation, or more correctly, the obstacles created by indirect taxes to the realization of the Internal Market, by looking at the past, the present and the future. However, what indirect taxes create …
Commentary On Professor Gabor's Stepchild Of The New Lex Mercatoria Symposium: Reflections On The International Unfication Of Sales Law , Willis L. M. Reese
Commentary On Professor Gabor's Stepchild Of The New Lex Mercatoria Symposium: Reflections On The International Unfication Of Sales Law , Willis L. M. Reese
Northwestern Journal of International Law & Business
welcome Professor Gabor's analyses of the Hague Draft Convention. 1 The Convention is a natural sequel to the United Nations Sales Convention, which has been ratified by the United States and came into effect on January 1st of this year. This latter convention deals with the substantive law of sales and is designed to play a role for the entire world similar to the one played by the Uniform Commercial Code in the United States. Undoubtedly, many states will be slow to ratify the Sales Convention, and some will not do so at all. Thus, implementation of rules addressing the …
Introduction Symposium: Reflections On The International Unfication Of Sales Law, Richard E. Speidel
Introduction Symposium: Reflections On The International Unfication Of Sales Law, Richard E. Speidel
Northwestern Journal of International Law & Business
It was a bright morning in early January 1988. George, a commercial lawyer and partner in a leading Chicago law firm, was sipping coffee and paging through the newspaper. On page fifteen a small item caught his eye: "On January 1, 1988, the United Nations Convention on Contracts for the International Sale of Goods became effective in the United States. The Convention is now the supreme law of the land without the need for implementing legislation enacted by both houses of Congress. It governs offers made and contracts concluded after its effective date in the United States."'
Unification And Community: A Rhetorical Analysis Of The United Nations Sales Convention Symposium: Reflections On The International Unfication Of Sales Law , Amy H. Kastely
Northwestern Journal of International Law & Business
In evaluating the constitutive nature of language and of particular texts, rhetorical analysis focuses attention on the nature of the community formed by a text, on its points of coherence and on its potential vulnerabilities. By emphasizing the importance of author, audience, language, and the occasions for discourse, rhetoric provides a way to explore the constitutive power of a text. When applied to the Sales Convention, rhetoric provides a useful analytic tool that allows one to understand theachievements of the Convention and to explore its weaknesses. This Article pursues such a rhetorical analysis of the Convention. Section II discusses the …
Exchange Losses From International Electronic Funds Transfers: Time To Unify The Law, John S. Santa Lucia
Exchange Losses From International Electronic Funds Transfers: Time To Unify The Law, John S. Santa Lucia
Northwestern Journal of International Law & Business
This Comment is divided into four parts. Section II briefly characterizes the nature of the foreign exchange loss problem in EFTs.24 Section III broadly reviews the current law respecting exchange losses and discusses the increased complexity of the exchange loss problem due to the introduction of message-switching and clearinghouse intermediaries in EFTs.25 Section IV reviews and evaluates the proposal to extend the SWIFT interest loss allocation rules to the exchange loss problem, ultimately concluding that the proposal does not sufficiently resolve the exchange problem as it relates to EFT intermediaries.26 Finally, Section V presents two alternatives to deal specifically and …