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Articles 481 - 510 of 624
Full-Text Articles in International Law
Stepchild Of The New Lex Mercatoria: Private International Law From The United States Perspective Symposium: Reflections On The International Unfication Of Sales Law , Francis A. Gabor
Stepchild Of The New Lex Mercatoria: Private International Law From The United States Perspective Symposium: Reflections On The International Unfication Of Sales Law , Francis A. Gabor
Northwestern Journal of International Law & Business
This Article briefly assesses the potential implementation of the Hague Draft Convention from the standpoint of the United States interest in the worldwide unification of international trade law and concludes that United States interests would be well served by adoption of the Hague Draft Convention.
Commentary On Professor Kastely's Rhetorical Analysis Symposium: Reflections On The International Unfication Of Sales Law , Peter Winship
Commentary On Professor Kastely's Rhetorical Analysis Symposium: Reflections On The International Unfication Of Sales Law , Peter Winship
Northwestern Journal of International Law & Business
I am pleased to add Professor Kastely's Article1 to my growing collection of English-language commentaries on the Sales Convention. Many of the early commentaries are descriptive. They sketch the background and present status of the Convention and then provide a doctrinal gloss to all or part of the text. Recent commentaries are more diverse, and while the descriptive pieces continue, some of the recent literature probes the Convention text more deeply, frequently approaching it from new perspectives. Professor Kastely's rhetorical analysis of the Convention text clearly falls among these more provocative commentaries. I commend in particular her identification and discussion …
Yugoslav Gastarbeiter: The Guest Who Stayed For Dinner, Steven Mihajlovic
Yugoslav Gastarbeiter: The Guest Who Stayed For Dinner, Steven Mihajlovic
Northwestern Journal of International Law & Business
First, this Comment will trace the history of the German use of guest workers, summarize the economic, political, and social situations of the FRG and Yugoslavia, and evaluate the current status of Yugoslav guest workers in the FRG. Next, the Comment will argue that forced repatriation could have a disastrous effect on the economies of both the FRG and Yugoslavia-that a forced repatriation program is a shortsighted temporary solution having long-term consequences. Finally, the Comment will conclude that a return of guest workers could intensify political and social unrest in Yugoslavia.
Extraterritorial Application Of Canadian Foreign Investment Review, Kathleen M. O'Laughlin
Extraterritorial Application Of Canadian Foreign Investment Review, Kathleen M. O'Laughlin
Northwestern Journal of International Law & Business
The ICA, which purportedly liberalized review of foreign investment, in fact reaffirmed the Foreign Investment Review Agency's role in reviewing extraterritorial transactions indirectly affecting control of Canadian business.' This Comment examines the policy implications of FIRA's and ICA's extraterritorial application, and concludes that it is unnecessary and counterproductive when direct control of Canadian business is unchanged, or when contractual liability follows a direct change of control.
Toward Negotiating A Remedy To Copyright Piracy In Singapore, James W. Peters
Toward Negotiating A Remedy To Copyright Piracy In Singapore, James W. Peters
Northwestern Journal of International Law & Business
The pirates of modern Singapore threaten to undermine the international trade of copyrighted works. Advancements in technology have facilitated the inexpensive reproduction of books, audio and video cassettes, and computer programs. Printing, video, and audio pirates have found Singapore well suited to the unauthorized copying of protected works. Literature and music reproduced in Singapore has found its way to markets throughout the world. To persuade Singapore to protect intellectual property, United States and British business organizations, the United States government, and the governing bodies of international intellectual property conventions have proposed measures ranging from educational programs to economic reprisals. Still, …
The Need For A Ban On All Radioactive Waste Disposal In The Ocean, David G. Spak
The Need For A Ban On All Radioactive Waste Disposal In The Ocean, David G. Spak
Northwestern Journal of International Law & Business
The harnessing of nuclear power is the technological advance which best represents the ability of the human race to transform the environment for both good and bad. Nuclear power can be used either to destroy the earth or to improve greatly the quality of life for all persons. Attendant with this power is the problem of what to do with radioactive wastes left behind by the private and public uses of a technology not yet fifty years old. As wastes from nuclear power plants, government projects, and various fields of science continue to amass, attention is being focused increasingly on …
Taxation Of Foreign Business And Investment In The People's Republic Of China, Alex Easson, Li Jinyan
Taxation Of Foreign Business And Investment In The People's Republic Of China, Alex Easson, Li Jinyan
Northwestern Journal of International Law & Business
Up until the last six or seven years, very little attention has been paid in the West to the tax system of the People's Republic of China ("PRC" or "China"). This is understandable since, in the immediate post-liberation years, many countries in the Western Hemisphere tried hard to pretend that the PRC did not exist at all. Following its break with the Soviet Union in 1960, China adhered firmly to a policy of self-reliance. China's opening to the West, in economic terms, did not really begin until approximately 1978. Given the type of economic system which had evolved in China …
The Liability Of Corporations And Shareholders For The Capitalization And Obligations Of Subsidiaries Under German Law, Maximilian Schiessl
The Liability Of Corporations And Shareholders For The Capitalization And Obligations Of Subsidiaries Under German Law, Maximilian Schiessl
Northwestern Journal of International Law & Business
The Federal Republic of Germany, one of the United States' main trading partners, has a rather different approach to the liability of a parent corporation for the debts of its subsidiaries. In the United States, the affiliated enterprises doctrine is generally viewed as a subcategory of the piercing the corporate veil doctrine. Under German law, there is a sharp distinction between the general rules on piercing the corporate veil, which may also be applied to a parent-subsidiary relationship, and the special legal framework governing the Konzernrecht (law of affiliated enterprises). German corporation law is based on the assumption that in …
The Prospects For Labor Law Reform In Poland, Maria Matey
The Prospects For Labor Law Reform In Poland, Maria Matey
Northwestern Journal of International Law & Business
A complex combination of socioeconomic factors have produced a situation in Poland in the mid-1980s which is in urgent need of reform. This need for change extends to the complicated and controversial subject of labor law. It is the purpose of this Perspective to set forth the current status of labor law in Poland and to analyze the prospects for possible reform. There are currently three approaches to labor law reform in Poland. The first is held by the government, the second by labor law scientists, and the third by the trade unions created after 1982. These approaches include wide-ranging …
Emerging Unification Of Conflict Of Laws Rules Applicable To The International Sale Of Goods: Uncitral And The New Hague Conference On Private International Law, Francis A. Gabor
Emerging Unification Of Conflict Of Laws Rules Applicable To The International Sale Of Goods: Uncitral And The New Hague Conference On Private International Law, Francis A. Gabor
Northwestern Journal of International Law & Business
A new lex mercatoria is emerging in the unification of the law of international trade. In analyzing this development, this Article will emphasize two points. First, international contracts are based essentially on national law, a feature of which is the lack of state involvement resulting in party autonomy. A party's freedom to contract is a uniformly recognized principle of contract law. Second, in recent times -- particularly following World War II -- a wide range of state governmental regulations have appeared which restrict parties' freedom to contract. Such restrictions include economic regulations promulgated by the modern state, plus considerable legislation …
From Ice To Ether: The Adoption Of A Regime To Govern Resource Exploitation In Outer Space, Grier C. Raclin
From Ice To Ether: The Adoption Of A Regime To Govern Resource Exploitation In Outer Space, Grier C. Raclin
Northwestern Journal of International Law & Business
It is clear that the world community in general, and the United States in particular, intends to move forward in the exploration of space and the commercial exploitation of lunar and other resources. It would seem equally clear that, without law in this area, no country, government, or commercial enterprise is likely to undertake the substantial risks and costs involved in such exploitation. Companies will not undertake these risks without a clear understanding of how the resulting rewards will be allocated. For the United States commercial space program to move forward, it must seek the adoption of a regime to …
Section 301 Of The Trade Act Of 1974: Requirements, Procedures, And Developments, Judith Hippler Bello, Alan F. Holmer
Section 301 Of The Trade Act Of 1974: Requirements, Procedures, And Developments, Judith Hippler Bello, Alan F. Holmer
Northwestern Journal of International Law & Business
The recent dramatic increase in the use of Section 301 of the Trade Act of 1974 ("§ 301") and a predecessor provision in the Trade Expansion Act warrants a review of its requirements and procedures. This Article illustrates those requirements and procedures through § 301's application in particular cases. The Article also explains why recent events have led to more frequent resort to § 301 and related legal provisions. Section 301 is currently the lodestar of the Administration's free and fair trade policy. This policy stresses, in particular, the need for equitable access to foreign markets for United States exports …
Internationalization Of Stock Markets: Potential Problems For United States Shareholders, John H. Ehrlich
Internationalization Of Stock Markets: Potential Problems For United States Shareholders, John H. Ehrlich
Northwestern Journal of International Law & Business
Despite considerable advance publicity, the internationalization of the world's stock markets remains in the incipient stage of development. Nonetheless, the exchange of capital across international borders through the purchase and sale of equity securities is likely to continue. This Comment will explore the potential problems faced by United States shareholders when the corporations in which they own stock list and offer equity securities on stock exchanges in foreign countries.
Mitsubishi Motors Corp. V. Soler Chrysler-Plymouth, Inc: International Arbitration And Antitrust Claims, Lisa Sopata
Mitsubishi Motors Corp. V. Soler Chrysler-Plymouth, Inc: International Arbitration And Antitrust Claims, Lisa Sopata
Northwestern Journal of International Law & Business
Arbitration is an attractive alternative for parties entering into commercial transactions. Parties to international contracts often include arbitration clauses in an attempt to protect their rights and to eliminate uncertainties in the event of a dispute. A court may nevertheless treat a given dispute as nonarbitrable if the issue is highly charged with conflicting public policy concerns. The United States Supreme Court in the recent landmark decision, Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth Inc., held that private antitrust claims are arbitrable in a transaction arising in international commerce. The court ruled in a five-to-three decision that if an international contract …
Grey Market Imports: A Genuine Problem For The United States Trademark Owner, Customs Service, And Courts, Barbara A. Curry
Grey Market Imports: A Genuine Problem For The United States Trademark Owner, Customs Service, And Courts, Barbara A. Curry
Northwestern Journal of International Law & Business
Each year billions of dollars worth of goods are produced by foreign manufacturers and legitimately sold abroad under a particular trademark and are then imported into the United States and sold without permission from the foreign manufacturers or the authorized United States distributors of these goods. When imported into this country, these foreign goods are sold in competition with goods of the owners of the United States trademark rights in the identical foreign marks. Such goods have come to be known as "grey market" imports. These goods are not counterfeit products, which are often called "black market" goods; rather, they …
The Role Of The Black Market In China's International Financial System, Amy E. Yates
The Role Of The Black Market In China's International Financial System, Amy E. Yates
Northwestern Journal of International Law & Business
The dichotomy between China's political theory and its administrative reality is nowhere more apparent than in the system China has developed to manage the inflow of foreign reserves into the country. In order to avoid disturbing the domestic economy, the government developed an elaborate two-tiered currency system. In addition, the government issued a set of Foreign Control Regulations which placed restrictions on the use of exchange. The regulations purported to place the use of foreign exchange under a "unified national plan." In reality, however, beyond the reaches of the officially promulgated regulations, a thriving black market for foreign currency, foreign …
Book Review
Northwestern Journal of International Law & Business
When a corporation enters foreign markets it must confront the complications of foreign currency exchange. Foreign exchange management ("forex management") taxes the skills of the most creative corporate financial managers. Achieving tax advantages through forex management, or at least avoiding financial disasters, requires the talents of a prophet. To maintain profits, the tax efficient forex manager must reduce taxes while reducing foreign exchange risks. In Tax Efficient Forex Management, John Chown supplies forex managers with the knowledge required to achieve significant tax advantages from managing foreign currency and asset exchange. According to Mr. Chown, the book is intended for both …
The Regulation Of Insider Trading In Germany: Who's Afraid Of Self-Restraint, Joseph Blum
The Regulation Of Insider Trading In Germany: Who's Afraid Of Self-Restraint, Joseph Blum
Northwestern Journal of International Law & Business
From near total destruction forty-one years ago, the Federal Republic of Germany has emerged as the fourth wealthiest industrialized nation. Yet despite this wealth, the German capital markets remain miniscule in comparison to those of other industrialized nations. This development has had a significantly adverse effect on the ability of German companies to raise equity capital. The aversion of individual Germans to invest in equity securities can be explained on a number of levels. First, many investors find that fixed-rate bonds and similar securities provide equal if not better yields than stocks, without the concomitant risk. Another significant reason that …
Limited Space: Allocating The Geostationary Orbit, Michael J. Finch
Limited Space: Allocating The Geostationary Orbit, Michael J. Finch
Northwestern Journal of International Law & Business
In many ways, the space shuttle inaugurated a new phase in the development of space as an international resource. The shuttle may be used to launch satellites into orbit and has the additional capability of retrieving and repairing satellites. As the number of satellites in orbit increases, the problem of interference among satellites escalates. The issue centers around the geostationary orbit and the electromagnetic spectrum as well as direct satellite broadcasting from orbiting transmission stations to individual receivers. This Comment will examine the current legal and probable future state of the international zone known as the geostationary orbit and the …
Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, William B.T. Jr. Mock
Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, William B.T. Jr. Mock
Northwestern Journal of International Law & Business
United States manufacturers have sometimes found themselves unable to identify which unfair import competitors have injured their industries when sources of unfair competition exist in more than one country. These manufacturers have had some redress from unfair trade available to them through various federal trade laws, including, inter alia, the antidumping and countervailing duty laws. Until recently, however, these laws have largely addressed unfair trade competition coming from a single foreign country source at a time; they have not, however, addressed the "hammering effect" of unfair competition from many sources operating in the market at once or sequentially. The International …
Nicaragua And International Law: The "Academic" And The "Real", Anthony D'Amato
Nicaragua And International Law: The "Academic" And The "Real", Anthony D'Amato
Faculty Working Papers
Discusses questions about U.S. policy raised by the proceedings of the Nicaragua case. Was the United States within the exercise of its "inherent right of self defense"? Was the matter a political question for resolution by the Security Council and not suitable for adjudication by the International Court of Justice?
1983 Amendment To The Export Administration Regulations: The Status Of Export Controls To The People's Republic Of China , John Yo-Hwan Lee
1983 Amendment To The Export Administration Regulations: The Status Of Export Controls To The People's Republic Of China , John Yo-Hwan Lee
Northwestern Journal of International Law & Business
This Comment will, first, briefly sketch the history of the United States export policies towards China. Second, it will analyze the current controls over exports to the PRC in light of the 1983 amendment to the export regulations. Third, it will discuss the historical impact of the new amendment on the Sino-American relationship. Lastly, it will conclude that the 1983 Amendment establishes an appropriate and prudent export policy towards the PRC at this time, although in order to accomplish the ultimate goal of significantly increasing exports to the PRC, the United States must take further measures.
Canada-United States Memorandum Of Understanding Regarding Application Of National Antitrust Law: New Guidelines For Resolution Of Multinational Antitrust Enforcement Disputes , Gary E. Dyal
Northwestern Journal of International Law & Business
This Comment will first examine the fundamental policy differences and opposing perspectives underlying the conflict between Canada and the United States regarding extraterritorial antitrust enforcement. Par- ticular conflict areas will then be discussed. Second, this Comment will explore the reasons underlying the failure of the Fulton-Rogers Under- standing to prevent instances of serious disagreement concerning particu- lar antitrust enforcement measures taken by the United States during the 1970's. Third, this Comment will analyze the 1984 Understanding, fo- cusing on its departure from the weaknesses of the Fulton-Rogers Under- standing, its specific provisions addressing concerns within the major categories of previous …
The Evolving Doctrine Of Implication: The Export Administration Act And Private Rights Of Action, Lauren B. Bonfield
The Evolving Doctrine Of Implication: The Export Administration Act And Private Rights Of Action, Lauren B. Bonfield
Northwestern Journal of International Law & Business
Two recent United States District Court opinions examine the question of when a federal court may invoke the "implication" doctrine which permits them "to create a private right of action from a federal statute that does not expressly provide for [a] private remed[y]. . . ." Both of the cases raise the issue of implication as it applies to the antiboycott provision of the Export Administration Act (EAA). Plaintiffs in both Bulk Oil (Zug) A.G. v. Sun Co., and Abrams v. Baylor College of Medicine, claimed an implied private right to bring an action for damages and in addition, alleged …
Foreign Competition In Relevant Geographic Markets: Antitrust Law In World Markets, Michael P. O'Brien
Foreign Competition In Relevant Geographic Markets: Antitrust Law In World Markets, Michael P. O'Brien
Northwestern Journal of International Law & Business
Since competition for the sale of many goods and services in the United States has foreign as well as domestic sources, the antitrust laws, designed to protect competition in the United States, must consider foreign competition. One important aspect of antitrust law that must include foreign competition is the relevant geographic market used to define the area in which effects on competition must be examined. As foreign competition exerts a greater influence on domestic competition, the United States antitrust laws, designed to protect competition in the United States and in the foreign commerce of the United States, must reflect the …
The Need For A United States Countertrade Policy, Marie J. Oh
The Need For A United States Countertrade Policy, Marie J. Oh
Northwestern Journal of International Law & Business
Countertrade is a form of international trade which involves payment partially or in full with goods rather than with money. It is clearly growing and becoming an increasingly important part of the international business environment. Although many do not prefer to do business through countertrade, trade experts have concluded that world economic conditions have made countertrade a necessary financing mechanism for countries that cannot pay cash for their imports. In order to trade with these countries and to open up new markets in countries with limited resources, United States companies must educate themselves about the advantages and drawbacks of countertrade. …
Extraterritorial Application Of United States Commodity And Securities Laws To Market Transactions In An Age Of Intercontinental Trading Links, Harold A. Malkin
Extraterritorial Application Of United States Commodity And Securities Laws To Market Transactions In An Age Of Intercontinental Trading Links, Harold A. Malkin
Northwestern Journal of International Law & Business
The recently operational trading link between the Chicago Mercantile Exchange ("CME") and the Singapore International Monetary Exchange ("SIMEX") is one of the most significant developments to occur in the securities industry in recent memory. While the initial phase of this intermarket, intercontinental link involves only the trading of Eurodollar, Deutsche mark, and Japanese yen futures contracts, the prospects for the trading of additional contracts, and the further expansion of trading hours, ultimately to round-the-clock trading, appear favorable. The internationalization of both foreign and domestic futures markets is clearly the order of the day. A trading link connecting the futures exchanges …
Callejo V. Bancomer, S.A.: The Need For A Commercial Activity Exception To The Act Of State Doctrine, Bryan J. Blankfield
Callejo V. Bancomer, S.A.: The Need For A Commercial Activity Exception To The Act Of State Doctrine, Bryan J. Blankfield
Northwestern Journal of International Law & Business
The ability of the United States courts to adjudicate claims against foreign sovereigns is limited by the Foreign Sovereign Immunities Act of 1976 ("FSIA") and the act of state doctrine. In Dunhill, a plurality of the Court held that the "concept of an act of state should not be extended to include the repudiation of a purely commercial obligation. Recently, the Fifth Circuit in Callejo v. Bancomer, S.A. examined the plurality's commercial activity exception in Dunhill, yet declined to decide whether to adopt the exception with respect to the act of state doctrine. This Note analyzes the commercial activity exception …
In Search Of Effective Policies For Foreign Direct Investment: Alternatives To Tax Incentive Policies, Kojo Yelpaala
In Search Of Effective Policies For Foreign Direct Investment: Alternatives To Tax Incentive Policies, Kojo Yelpaala
Northwestern Journal of International Law & Business
It is now largely recognized that the multinational enterprise ("MNE") can play a significant role in the industrialization of a number of different countries. The major way in which the MNE can contribute toward the industrialization of a country is through foreign direct investment ("FDI"). To induce such MNE investment, several host countries have relied significantly on fiscal incentives in general and tax incentives in particular for over half a century. However, after several decades, the effects of these tax incentives on the motivation of MNEs to invest in incentive granting countries continues to be the focus of a heated …
Immunity From Seizure For Artworks On Loan To United States Museums, Rodney M. Zerbe
Immunity From Seizure For Artworks On Loan To United States Museums, Rodney M. Zerbe
Northwestern Journal of International Law & Business
This Comment will first examine the text of the IFSA to determine the scope of protection available under the Act. Second, this Comment will note the Congressional purposes underlying the IFSA, as evidenced by the available legislative history. Third, this Comment will examine the scope of immunity available under the Act. Fourth, this Comment will consider the procedures and substantive criteria employed in deciding whether immunity should be granted. Finally, this Comment will question the compatability of the IFSA with the more recently enacted Foreign Sovereign Immunities Act of 1976, under which Congress transferred the authority for granting immunity to …