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Articles 511 - 540 of 624
Full-Text Articles in International Law
Effective Dispute Resolution In United States-Japan Commercial Transactions Perspectives , Hoken S. Seki
Effective Dispute Resolution In United States-Japan Commercial Transactions Perspectives , Hoken S. Seki
Northwestern Journal of International Law & Business
This article seeks to acquaint the United States businessman and his legal counsel with the Japanese perspective, providing a greater level of understanding that would permit a more satisfying and effective conclusion to the dispute resolution process. The author's frequent visits to Japan, his years of representing Japanese individuals and corporations and his study of treatises by noted authorities, identified in the footnotes, are sources for the opinions and perspectives presented in this article. It is hoped that this article will be particularly useful in providing an over- view to those who have not had extensive previous contact with Japan, …
Blocking And Clawing Back In The Name Of Public Policy: The United Kingdom's Protection Of Private Economic Interests Against Adverse Foreign Adjudications, Michael L. Novicoff
Blocking And Clawing Back In The Name Of Public Policy: The United Kingdom's Protection Of Private Economic Interests Against Adverse Foreign Adjudications, Michael L. Novicoff
Northwestern Journal of International Law & Business
Like their common law cousins, the courts of the United Kingdom have long claimed the authority to decline recognition to foreign sovereign acts which pose a threat to their nation's public policy. This Article surveys the British cases in which such discretion has been or might have been exercised, and it concludes that the doctrine is no longer applied in the very instances for which it was developed. Instead, it appears that the doctrine is, in its old age, used merely as a pretext for the advancement of British economic interests at the expense of international comity. A new model …
Establishing Locus Standi Under Article 173(2) Of The Eec Treaty, Edward J. Tabaczyk
Establishing Locus Standi Under Article 173(2) Of The Eec Treaty, Edward J. Tabaczyk
Northwestern Journal of International Law & Business
Article 173 of the Treaty of Rome allows natural and legal persons to obtain judicial review of certain legal acts of the Council or Commission of the European Economic Community (EEC Council or Commission). Specifically, Article 173(2) allows nonaddressees of a decision or a decision in the form of a regulation to petition the Court of Justice of the European Community (the European Court) for an annulment of the legal act on one of four grounds. Before an application for an annulment is admissible, however, the applicant must show that the legal act is of "direct and individual concern" to …
A Primer For Incorporating Under The Income Tax Laws Of France, Germany, Or The United Kingdom, Francene M. Augustyn
A Primer For Incorporating Under The Income Tax Laws Of France, Germany, Or The United Kingdom, Francene M. Augustyn
Northwestern Journal of International Law & Business
This article discusses the income tax considerations relevant to a decision to incorporate a business abroad. The article provides an overview of some of the more important aspects of the corporate income tax laws of France, the Federal Republic of Germany, and the United Kingdom. The provisions of the countries' respective tax codes are contrasted and compared; included in this comparison are analogous provisions contained in the Internal Revenue Code of the United States. Due to the ever-changing character of the provisions of the countries' respective tax codes, this article is not an exhaustive study of any one country's tax …
Performance Bonds, Bankers' Guarantees, And The Mareva Injunction, Peter S. O'Driscoll
Performance Bonds, Bankers' Guarantees, And The Mareva Injunction, Peter S. O'Driscoll
Northwestern Journal of International Law & Business
Performance bonds and bankers' guarantees are common features of international sales and construction contracts. They figure prominently in contracts with buyers and employers in the Middle East. In recent years, the amounts represented by these instruments have grown so large that banks have begun to syndicate them in order to limit the exposure of any one bank. With so much at stake, it is imperative that traders, bankers, and lawyers understand the legal implications of performance bonds and bankers' guarantee agreements and the treatment of such agreements by the courts. This Comment will address some of the problems associated with …
Confusion In The Harbor: Compulsory Pilots Collide With The Motorship Fsia, Robert M. Jarvis
Confusion In The Harbor: Compulsory Pilots Collide With The Motorship Fsia, Robert M. Jarvis
Northwestern Journal of International Law & Business
The purpose of this article is neither to exhaustively review the legis- lative history of the Act,7 nor to comment on the various amendments draw criticism and corrections which have been put forth. Instead, this article focuses on one small problem contained in one discrete section of the Act. The provision which forms the basis of this article is § 1605(b),s and the prob- lem that will be discussed is the rule announced in that section which prohibits the arrest of a vessel owned by a foreign sovereign. Because much has been written about the arrest provisions of the FSIA,9 …
Revised Generalized System Of Preferences: Instant Replay Or A Real Change, D. Robert Webster, Christopher P. Bussert
Revised Generalized System Of Preferences: Instant Replay Or A Real Change, D. Robert Webster, Christopher P. Bussert
Northwestern Journal of International Law & Business
This article will discuss in detail the GSP in the United States. Ini- tially, it will examine the salient features of the original GSP program and subsequently the legislative hearings culminating in the extension of the GSP program. Finally, the article will explore the renewed version of the GSP and discuss its application.
Unctad Code Of Conduct For Liner Conferences: Trade Milestone Or Millstone--Time Will Soon Tell, The Perspectives, Leslie Kanuk
Unctad Code Of Conduct For Liner Conferences: Trade Milestone Or Millstone--Time Will Soon Tell, The Perspectives, Leslie Kanuk
Northwestern Journal of International Law & Business
A careful examination of the Code itself reveals it to be a poorly drafted, internally contradictory and ambiguous document-open to va- rying interpretations of form and substance-which implicitly requires an elaborately complex regulatory mechanism to assure that its cargo- sharing provisions are adhered to by Codist signatories. The Code may also prove to be the proverbial camel's nose under the tent. It purports, as its title implies, to be a code of conduct for liner conferences. How- ever, various informed interpretations of the Code, and premature unilat- eral efforts by some nations to implement the Code, indicate that non-conference carriers …
Liquidating The Foreign Personal Holding Company: Alternative Considerations, Neil M. Goff
Liquidating The Foreign Personal Holding Company: Alternative Considerations, Neil M. Goff
Northwestern Journal of International Law & Business
Prior to 1937, it was common for United states taxpayers to utilize offshore corporate entities, structured in the form of a foreign personal holding company ("FPHC") to avoid United States taxation. As indi- cated by the House Committee Notes accompanying enactment of the Revenue Act of 1937, "[t]he evidence presented to the joint committee has shown that foreign personal holding companies have afforded one of the most flagrant loopholes for tax avoidance."' The primary problem faced by the lawmakers in 1937 was the fact that the United States was unable to acquire direct taxing jurisdiction over such companies due to …
Jeanneret V. Vichey: Sales Of Illegally Exported Art Under The Uniform Commercial Code, William Pearlstein
Jeanneret V. Vichey: Sales Of Illegally Exported Art Under The Uniform Commercial Code, William Pearlstein
Northwestern Journal of International Law & Business
Jeanneret v. Vichey reveals such a development. Depending on its final disposition, it may be of great consequence to the United States art market. The narrow legal question in Jeanneret is whether the Italian government's threats to confiscate an illegally exported work of art or to fine its owner constitute a sufficiently substantial cloud on title to support a buyer's claim of breach of the warranty of title provided by Uniform Commercial Code (UCC) § 2-312.11 The broader underlying issue is whether any exporting nation, by threatening actual or potential owners with fines or confiscation, can cloud the title to …
Warsaw Convention Liability Limitations: Constitutional Issues, Thomas J. Dolan
Warsaw Convention Liability Limitations: Constitutional Issues, Thomas J. Dolan
Northwestern Journal of International Law & Business
The equal protection claim closely tracks the substantive due pro- cess claim. Both claims will succeed only if the liability limitations prove not to be means rationally related to a legitimate purpose. A right-to-travel challenge to the liability limitations should also fail. The liability limitations simply do not restrict travel. Nor do the liability limitations impose a prohibitive penalty on international air trav- elers. There is no constitutional right to the most desirable liability terms nor to the least expensive transportation. There remains the question of whether the liability limitations, converted to dollars at the last official price of gold, …
Foreign Banking In Indonesia, Robert N. Hornick
Foreign Banking In Indonesia, Robert N. Hornick
Northwestern Journal of International Law & Business
The purpose of this article is to discuss the regulation of foreign banking in Indonesia, including the regulation of onshore and offshore banking activities, and local security devices. Although the offshore business of foreign banks has been relatively more active over the years than the onshore business, there has been a recent sharp increase in on- shore business, and some indication of a more sympathetic attitude to onshore foreign banking by the regulatory authorities. This suggests that it is an appropriate time for surveying the foreign bank regulations of Indonesia.
Economic And Trade Related Aspects Of Transborder Data Flow: Elements Of A Code For Transnational Commerce Perspectives , Ronald Wellington Brown
Economic And Trade Related Aspects Of Transborder Data Flow: Elements Of A Code For Transnational Commerce Perspectives , Ronald Wellington Brown
Northwestern Journal of International Law & Business
Transborder Data Flow is international communication. TBDF is the more widely used term. In this Perspective, the terms TBDF and international information transfer will be used interchangeably. Either term can be defined, somewhat elaborately, as the electronic transmission of personal or non-personal information across political boundaries for processing, or storing in computer files. More simply, TBDF is interna- tional movement of information over transnational computer-communi- cation systems. Transfer of information over transnational computer systems is the underlying concept. Proposed or actual restrictions on such transfers are the underlying problem. Interests advanced or re- strained by policies applicable to such transfers …
International And Interstate Approaches To Taxing Business Income, David M. Hudson, Daniel C. Turner
International And Interstate Approaches To Taxing Business Income, David M. Hudson, Daniel C. Turner
Northwestern Journal of International Law & Business
In the United States, many states have sought the objective of uni- formity by enacting the Uniform Division of Income for Tax Purposes Act (UDITPA). In addition, many of those same states have entered into the Multistate Tax Compact (MTC). The salutary objective of both the UDITPA and the MTC is to provide uniform rules for the allocation and apportionment of income, in order to facilitate both compliance and enforcement, as well as to reduce the likelihood of double taxation. The promised uniformity, however, has been at the same time both illusive and elusive. Experience with the UDITPA and the …
Compliance And Enforcement In International Law--Oil Pollution Of The Marine Environment By Ocean Vessels, Paul Stephen Dempsey
Compliance And Enforcement In International Law--Oil Pollution Of The Marine Environment By Ocean Vessels, Paul Stephen Dempsey
Northwestern Journal of International Law & Business
The United Nations has responded to marine pollution by charging its specialized agency, the Inter-Governmental Maritime Consultative Organization ("IMCO"), with the dual obligations of improving mari- time safety and preventing marine pollution. Yet, despite several major conventions intended to eliminate outmoded tanker designs and pollut- ing practices, oil spills and discharges continue. This article will address the question of compliance with and en- forcement of international agreements concerning oil pollution by tank- ers. In particular, it will analyze the enforcement and compliance records of maritime nations under the existing international legal re- gime-OILPOL. It will be demonstrated that the effectiveness …
Deregulation Of The Liner Conference System: The Creation Of Countervailing Power In Shippers As A Means To Control Oligopoly Market Power, Andrew M. Danas
Deregulation Of The Liner Conference System: The Creation Of Countervailing Power In Shippers As A Means To Control Oligopoly Market Power, Andrew M. Danas
Northwestern Journal of International Law & Business
The United States liner industry, both in its competitive rate struc- ture and in the competitiveness of United States based flag companies, has been declining for at least the past decade. This decline has prompted policymakers to propose that the United States liner confer- ence system be deregulated. Generally, two themes underlie these pro- posals: an elimination or weakening and streamlining of the regulatory powers of the Federal Maritime Commission (the United States is one of the few nations with a regulatory agency exclusively devoted to regulat- ing the conference system), and a strengthening of the conferences' anti- trust immunity. …
Repeal Of The Thirty Percent Withholding Tax On Portfolio Interest Paid To Foreign Investors, Marilyn Doskey Franson
Repeal Of The Thirty Percent Withholding Tax On Portfolio Interest Paid To Foreign Investors, Marilyn Doskey Franson
Northwestern Journal of International Law & Business
The first part of this comment will examine the taxation of foreign investors and the operation of the Eurobond market prior to the 1984 Act, as well as the events which prompted the passage of the repeal legis- lation. The second part will explain the provisions of the new legislation and the treasury regulations implementing those provisions. It will also discuss the implications of two recently-issued revenue rulings on the use of tax havens, the practice of treaty shopping, and the effects of these rulings on existing Eurobond issues. The third part will address the pol- icy arguments advanced in …
Employer Sanctions For Hiring Illegal Aliens: A Simplistic Solution To A Complex Problem, R. Paul Faxon
Employer Sanctions For Hiring Illegal Aliens: A Simplistic Solution To A Complex Problem, R. Paul Faxon
Northwestern Journal of International Law & Business
Several factors have led to the current push for sanctions against employers who hire illegal aliens. One main factor is the perception that illegal aliens take jobs from United States citizens and legal aliens, work- ers and negatively affect the national economy. Obviously, any percep- tion that the jobs of United States citizens are being lost tends to create an emotionally charged environment that hampers objective decision making. Further, frustration has built up because current legal mecha- nisms seem incapable of halting illegal immigration. This frustration has increased xenophobia. Finally, proponents of sanctions identify a major inequity in a law …
Verlinden B.V. V. Central Bank Of Nigeria: Expanding Jurisdiction Under The Foreign Sovereign Immunities Act, Patricia E. Bergum
Verlinden B.V. V. Central Bank Of Nigeria: Expanding Jurisdiction Under The Foreign Sovereign Immunities Act, Patricia E. Bergum
Northwestern Journal of International Law & Business
In 1976 Congress enacted the Foreign Sovereign Immunities Act' to clarify the law surrounding actions in United States federal courts against foreign states. Congress intended to establish "the sole and ex- clusive standards to be used in resolving questions of sovereign immu- nity" The Act provides comprehensive guidelines on when and how a party can bring suit against a foreign state. By contrast, Verlinden B. V v. Central Bank of Nigeria addresses who can bring suit under the Act. In Verlinden, the Supreme Court interpreted the Act to enable not only domestic plaintiffs, but also foreign plaintiffs, to sue foreign …
Marc Rich: An Expansion Of United States Criminal Jurisdiction Over Foreign Defendants, Debra Pogrund Stark
Marc Rich: An Expansion Of United States Criminal Jurisdiction Over Foreign Defendants, Debra Pogrund Stark
Northwestern Journal of International Law & Business
This Note will first examine how jurisdiction was asserted over Marc Rich & Co. through the district court's application of two theories of jurisdiction31 (the presence/doing business test and the transactingbusiness test) and the court of appeals' application of three theories of jurisdiction32 (the detrimental consequences test, the presence/doing business test, and the transacting business test).33 This Note will argue that Marc Rich underscores the inadequacy of the presence/doing busi- ness test in protecting a state's interest in prosecuting alleged violations of its laws.34 According to the district court, jurisdiction over Marc Rich & Co. would not have existed under …
Private Response To Foreign Unfair Trade Practices--United States And Eec Complaint Procedures, Marco C.E.J. Brocnkers
Private Response To Foreign Unfair Trade Practices--United States And Eec Complaint Procedures, Marco C.E.J. Brocnkers
Northwestern Journal of International Law & Business
This article will consider the effect of private complaint procedures on trade relations between GATT contracting parties. It will first ad- dress the complaint procedure established by Section 301 of the U.S. Trade Act of 1974 ("Section 301"). Following a survey of the scope of the Executive's retaliatory authority, this article will sketch the history of the private remedy created by Section 301. Next the discussion will fo- cus on three procedural themes: (i) the requirements private complain- ants must meet in order to successfully invoke Section 301, (ii) the relief private complainants can expect once the United States government …
Commentary On China's New Patent And Trademark Laws, A , L. Mark Wu-Ohlson
Commentary On China's New Patent And Trademark Laws, A , L. Mark Wu-Ohlson
Northwestern Journal of International Law & Business
In anticipation of the formulation of a patent and trademark law by the legislative organs of the People's Republic of China ("PRC"), attention in Chinese legal literature has frequently focused in recent years on the function of patent and trademark laws in China's Marxist economy. To a large extent, these recent writings focus on the paradox of incorporating into a socialist legal system laws with grant to individuals exclusive ownership rights to intellectual property. The manner in in which this paradox is resolved will no doubt mold the future of industrial property law in China.
United States Policy Regarding Technology Transfer To The People's Republic Of China, Elizabeth M. Nimmo
United States Policy Regarding Technology Transfer To The People's Republic Of China, Elizabeth M. Nimmo
Northwestern Journal of International Law & Business
This Comment will focus on the nature and likely effect of the new United States export licensing rules regulating the transfer of technology to China. Part I will address the history and development of United States export control policy to China. Part II will discuss both the ideo- logical debate over the appropriate China technology transfer policy, and the general licensing procedures under the United States Export Admin- istration Act. Part III will analyze the substantial changes in and practi- cal effect of the new licensing guidelines for China, and the policy reasons behind the changes. Part IV will assess …
The Frolova Case: A Practitioner's View, Anthony D'Amato
The Frolova Case: A Practitioner's View, Anthony D'Amato
Faculty Working Papers
The Frolova case may provide a substantial basis for continuing a trend away from the unfortunate decision in Banco Nacional de Cuba v. Sabbatino which may some day be viewed as the Alast gasp@ of the act of state doctrine as an impediment to the realization of the international rule of law.
United States Trade Policy Toward Foreign Commodity Markets: A Critique, John V. Rainbolt
United States Trade Policy Toward Foreign Commodity Markets: A Critique, John V. Rainbolt
Northwestern Journal of International Law & Business
New trading instruments and a concommitant increase in volume in United States future markets during the past decade has overshadowed somewhat a parallel market expansion involving foreign commodity exchanges serving an expanded United States and international customer base.
A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn J. Berger
A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn J. Berger
Northwestern Journal of International Law & Business
The conduct of a trial in England is undeniably an impressive undertaking. Costume alone transports the viewer to Elizabethan times. Counsel and judges, bewigged and gowned, appear in a cloistered, regal setting, strewn with leather-bound books. Brightly colored ribbons of red, green, yellow and white, rather than metal clips and staples fasten the legal papers. After comparison with the volatile atmosphere and often unruly conduct of a trial in a United States courtroom it is natural to assume that the British model of courtroom advocacy provides an instructive model for its American counterpart.
State Trading: Its Nature And International Treatment, Edmond M. Ianni
State Trading: Its Nature And International Treatment, Edmond M. Ianni
Northwestern Journal of International Law & Business
At least six considerations compel a review of the international practice of state trading. First, state trading is practiced widely throughout the world and embraces at least one quarter of world trade. From a domestic perspective, United States trade with state trading countries continues to grow and, therefore, is directly relevant to the United States national interest. Second, increasing international economic interdependence has augmented the role of state trading in international trade by the inducements of economic necessity and efficiency. Third, recent Eastern European trends toward greater private economic autonomy have facilitated trade relations between free market countries and state …
Legal Protection Of Computer Programs In The United Kingdom, Timothy S. Bishop
Legal Protection Of Computer Programs In The United Kingdom, Timothy S. Bishop
Northwestern Journal of International Law & Business
The computer software and firmware industries spend an enormous sum of money each year on the development of new programs. Developing, marketing and maintaing an individual program may involve a substantial investment. A potential for profit obviously exists if a successful program can be copied, thereby saving development and other related expenses, or if a copmuter user can run a program wihtout paying the usual fees to its owner. It is hardly surprising that considerable attention is now being focused on the means by which owners may secure legal protection against the copying or unauthorized use of their programs.
The Sinking Shipping Industry, Cynthia Y. Mccoy
The Sinking Shipping Industry, Cynthia Y. Mccoy
Northwestern Journal of International Law & Business
The United States has yet to develop a coordinated national shipping policy despite constant calls for a strong merchant marine dating from the country's inception. The lack of such a policy implicates broader national interests than those of shippers and ship-owners, such as the national defense, diplmoatic relations with United States trading partners, and the United States balance of payments.
Book Review: Uniform Law For Internatioal Sales Under The 1980 United Nations Convention By John Honnold
Northwestern Journal of International Law & Business
In 1980, a Diplomatic Conference of sixty-two states unanimously approved the United Nations Convention on Contracts for International Sale of Goods. This action concluded almost fifty years of effor to unify the law for the international sale of goods and, in the process, superseded the frequently criticized 1964 Hague Convention on the Uniform Law for the International Sale of Goods (ULIS) and the Uniform Law on the Formation of Contracts for the International Sale of Goods (ULF). Since that time, 21 states, including the United States, have signed the 1980 Convention and 2 states have ratified it.